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(d) For existing single-family and duplex (two -unit) structures, a waiver as outlined in <br />subsection (c) may be granted for expansion of the existing structures as <br />referenced in subsection (a), provided no additional dwelling units are created. <br />(e) In addition to the waiver provisions of this section outlined in subsections (c) and <br />(d), minor exceptions may be granted from the requirements of subsection (a) of <br />this section for new or relocated buildings or structures subject to the standards set <br />forth in section 41-638. <br />(f) The requirements of this section shall not apply to construction of new second <br />dwelling units provided, however, that all utility cables or wires between the primary <br />residence and a detached second dwelling unit shall be placed underground. <br />Section 3. In accordance with the California Environmental Quality Act (CEQA) <br />the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption <br />applies to projects where it can be seen with certainty that there is no possibility that the <br />activity in question may have a significant effect on the environment. Therefore, it can be <br />seen with certainty that there is no possibility that the proposed code changes will have a <br />significant effect on the environment. General Rule Exemption No. ER 2016-150 will be <br />filed for this project. <br />Section 4. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />ADOPTED this day of 2016. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />Lisa Storck <br />Assistant City Attorney <br />Miguel A. Pulido <br />Mayor <br />11 A-5 <br />Ordinance No. NS -XXX <br />Page 3 of 4 <br />