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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 order <br />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superseded by changes made to state second dwelling unit laws (Assembly Bill <br />2299 and Senate Bill 1069 that took effect January 1, 2017, and Assembly Bill 494 <br />and Senate Bill 229 that took effect January 1, 2018), and is no longer <br />enforceable. These statutes impose new limitations on local authority to regulate <br />second units, which are now referred to as "accessory dwelling units" or an <br />"ADU". <br />C. The proposed changes to the accessory dwelling unit development standards <br />are proposed to comply with the new state legislation to allow greater flexibility in <br />allowing these units. <br />D. The proposed amendments would change the second dwelling unit ordinance <br />to be in compliance with state law by repealing the City's 2003 second dwelling <br />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 of <br />accessory dwelling units that fully complies with section 65852.2 of the <br />Government Code, and finds that the proposed ordinance promotes the public <br />health, safety and welfare of the community. <br />F. The City Council has held a duly noticed public hearing_ on this ordinance and <br />has considered all testimony presented thereto. <br />Section 2. Pursuant to the California Environmental Quality Act ("CEQX) and <br />the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review <br />pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of <br />Exemption will be filed upon adoption of this ordinance. <br />Ordinance No. NS-2940 <br />Page 1 of 12 <br />