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

Home Browse Search

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