11A - 2ND READ SECOND DWELLING UNITS

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LS 4.3.18 ORDINANCE NO. NS -2940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SECOND DWELLING UNITS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code (SAMC) requires updates periodically in order to gain compliance with new state or federal legislation. B. The City's second dwelling unit ordinance, established in 2003, was superseded by changes made to state second dwelling unit laws (Assembly Bill 2299 and Senate Bill 1069 that took effect January 1, 2017, and Assembly Bill 494 and Senate Bill 229 that took effect January 1, 2018), and is no longer enforceable. These statutes impose new limitations on local authority to regulate second units, which are now referred to as "accessory dwelling units" or an "ADU". C. The proposed changes to the accessory dwelling unit development standards are proposed to comply with the new state legislation to allow greater flexibility in allowing these units. D. The proposed amendments would change the second dwelling unit ordinance to be in compliance with state law by repealing the City's 2003 second dwelling unit ordinance, incorporating new state provisions, and introducing new tailored ADU regulations that recognize the diversity of Santa Ana neighborhoods. E. The City desires to amend its local regulatory scheme for the construction of accessory dwelling units that fully complies with section 65852.2 of the Government Code, and finds that the proposed ordinance promotes the public health, safety and welfare of the community. F. The City Council has held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. Ordinance No. NS -2940 Page 1 of 12 11A-19