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NS-3013 - Urgency Ordinance of the City Council of the City of Santa Ana Amending Article XX of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Urban Lot Splits and Two-Unit Projects...
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NS-3013 - Urgency Ordinance of the City Council of the City of Santa Ana Amending Article XX of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Urban Lot Splits and Two-Unit Projects...
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Last modified
1/5/2022 4:27:34 PM
Creation date
12/23/2021 2:34:14 PM
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City Clerk
Doc Type
Ordinance
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Clerk of the Council
Doc #
NS-3013
Item #
42
Date
12/21/2021
Destruction Year
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(3) Expressly prohibits any separate conveyance of a primary dwelling <br />on the property, any separate fee interest, and any common <br />interest development within the lot. <br />(4) If the lot does not undergo an urban lot split: Expressly requires the <br />individual property owners to live in one of the dwelling units on the <br />lot as the owners' primary residence and legal domicile. <br />(5) Expressly requires that at least one new unit created be deed <br />restricted for affordable housing at either very low, low or moderate <br />income levels. <br />(6) Limits development of the lot to residential units that comply with <br />the requirements of this section, except as required by state law. <br />Sec. 41-2116. - Specific Adverse Impacts. <br />(a) Notwithstanding anything else in this section, the city may deny an <br />application for a two -unit project if the building official makes a written <br />finding, based on a preponderance of the evidence, that the project would <br />have a "specific, adverse impact" on either public health and safety or on <br />the physical environment and for which there is no feasible method to <br />satisfactorily mitigate or avoid the specific adverse impact. <br />(b) "Specific adverse impact" has the same meaning as in Gov. Code section <br />65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, <br />based on objective, identified written public health or safety standards, <br />policies, or conditions as they existed on the date the application was <br />deemed complete" and does not include (1) inconsistency with the zoning <br />ordinance or general plan land use designation or (2) the eligibility to claim <br />a welfare exemption under Revenue and Taxation Code section 214(g). <br />(c) The building official may consult with and be assisted by planning staff <br />and others as necessary in making a finding of specific, adverse impact. <br />Sec. 41-2117. - Remedies. <br />If a two -unit project violates any part of this code or any other legal requirement: <br />(a) The buyer, grantee, or lessee of any part of the property has an action for <br />damages or to void the deed, sale, or contract. <br />(b) The city may: <br />(1) Bring an action to enjoin any attempt to sell, lease, or finance the <br />property. <br />Ordinance No. NS-3013 <br />Page 30 of 32 <br />
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