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NS-3030
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Last modified
12/12/2022 10:24:25 AM
Creation date
12/12/2022 10:22:56 AM
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Template:
City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3030
Item #
28.
Date
12/6/2022
Destruction Year
P
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ORDINANCE NO. NS-3030 <br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA AMENDING ARTICLE II (USE <br />DISTRICTS) OF CHAPTER 41 (ZONING) OF THE SANTA <br />ANA MUNICIPAL CODE RELATING TO ACCESSORY <br />DWELLING UNITS IN COMPLIANCE WITH CHANGES TO <br />STATE ADU LAW ENACTED UNDER ASSEMBLY BILL 2221 <br />AND SENATE BILL 897 <br />WHEREAS, in Government Code section 65852.150, the California Legislature <br />found and declared that, among other things, allowing Accessory Dwelling Units ("ADUs") <br />in zones that permit single-family and multifamily uses provides additional rental housing <br />and is an essential component in addressing California's housing needs; and <br />WHEREAS, the legislature has periodically revised State law governing local <br />regulation of the development of ADUS and Junior Accessory Dwelling Units ("JADUs"), <br />to which law charter cities like Santa Ana are subject; and <br />WHEREAS, in 2022, the California Legislature approved, and the Governor signed <br />into law Assembly Bill 2221 and Senate Bill 897, both of which amended Government <br />Code section 65852.2, the primary provision of State ADU law; and <br />WHEREAS, AB 2221 and SB 897 both take effect on January 1, 2023, at which <br />time any local ordinance will become null and void if it does not conform to the changes <br />to State ADU law enacted by AB 2221 and SB 897; and <br />WHEREAS, the City of Santa Ana accordingly desires to amend and update its <br />local regulations governing the development of ADUs and JADUs to render them <br />consistent with State ADU law; and <br />WHEREAS, there is a current and immediate threat to the public health, safety, or <br />welfare if the City's local regulations governing the developments of ADUs and JADUs <br />were to become null and void on January 1, 2023, as that would threaten the orderly <br />development of ADUs and JADUs and potentially work an adverse impact on existing <br />neighborhoods, as well as negatively impact property values, personal privacy, and fire <br />safety. These threats to public safety, health, and welfare justify adoption of this <br />ordinance as an urgency ordinance to be effective immediately upon adoption by a two- <br />thirds vote of the City Council; and <br />WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on <br />the above findings, this Ordinance is declared by the City Council to be necessary as an <br />emergency measure to protect and preserve the health, safety and welfare of the citizens <br />of the City of Santa Ana and will become effective immediately if passed by the affirmative <br />votes of at least two-thirds (2/3) of the members of the City Council. The City Council <br />hereby finds that there is an urgent need to adopt these regulations in order to address <br />the current and immediate threats set forth above. <br />Ordinance No. NS-3030 <br />Page 1 of 8 <br />
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