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11A - 2ND READ SECOND DWELLING UNITS
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11A - 2ND READ SECOND DWELLING UNITS
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3/29/2018 7:12:30 PM
Creation date
3/29/2018 6:58:45 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11A
Date
4/3/2018
Destruction Year
2023
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LS 4.3.18 <br />ORDINANCE NO. NS -2940 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING AN AMENDMENT TO <br />PROVISIONS OF CHAPTER 41 OF THE SANTA ANA <br />MUNICIPAL CODE RELATING TO SECOND DWELLING <br />UNITS <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The Santa Ana Municipal Code (SAMC) requires updates periodically in <br />order to gain compliance with new state or federal legislation. <br />B. The City's second dwelling unit ordinance, established in 2003, was <br />superseded by changes made to state second dwelling unit laws (Assembly Bill 2299 and <br />Senate Bill 1069 that took effect January 1, 2017, and Assembly Bill 494 and Senate Bill <br />229 that took effect January 1, 2018), and is no longer enforceable. These statutes <br />impose new limitations on. local authority to regulate second units, which are now <br />referred to as "accessory dwelling units" or an "ADU". <br />C. The proposed changes to the accessory dwelling unit development <br />standards are proposed to comply with the new state legislation to allow greater <br />flexibility in allowing these units. <br />D. The proposed amendments would change the second dwelling unit <br />ordinance to be in compliance with state law by repealing the City's 2003 second <br />dwelling unit ordinance, incorporating new state provisions, and introducing new tailored <br />ADU regulations that recognize the diversity of Santa Ana neighborhoods. <br />E. The City desires to amend its local regulatory scheme for the construction <br />of accessory dwelling units that fully complies with section 65852.2 of the Government <br />Code, and finds that the proposed ordinance promotes the public health, safety and <br />welfare of the community. <br />F. The City Council has held a duly noticed public hearing on this ordinance <br />and has considered all testimony presented thereto. <br />Ordinance No. NS -2940 <br />Page 1 of 12 <br />11 A-5 <br />
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