Item 28 - Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of SAMC

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Ordinance No. NS-XXX Page 7 of 8 4. When on-street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one (1) block of the ADU. 6. The ADU is constructed as a studio, without bedrooms. 7. When a permit application for an ADU is submitted with a permit application to create a new single-family residence or a new multifamily residence on the same lot, provided that the ADU or the lot satisfies any other criteria listed in items 1. through 6. above. (MJ) When an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADUaccessory dwelling unit, or converted to an ADUaccessory dwelling unit, replacement of those off-street parking spaces shall not be required. If an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU, the demolition permit shall be issued at the same time as the permit for the ADU. Section 5. Section 41-194.7 (Applicability to other regulations) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-194.7. - Applicability to other regulations. ADUsAccessory dwelling units and JADUsjunior accessory dwelling units must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail. Section 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the State CEQA Guidelines, which provides a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code, as further set forth in Section 21080.17 of the Public Resources Code. Section 7. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 8. This ordinance shall become effective immediately upon its adoption. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that