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1 ORDINANCE NO. 0-10-23 <br /> 2 AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF <br /> THE COLTON MUNICIPAL CODE RELATING TO ACCESSORY <br /> 3 DWELLING UNITS AND JUNIOR ACCESSORY DWELLING <br /> UNITS AND DETERMINING THE ADOPTION OF THE <br /> 4 ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA <br /> UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. <br /> 5 DAP-001-810) <br /> 6 WHEREAS,the City Council of the City of Colton desires to amend certain <br /> 7 provisions of the Colton Zoning Code to ensure consistency with state law; and <br /> 8 WHEREAS, all prerequisites to the adoption of this ordinance have occurred. <br /> NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF COLTON <br /> 9 HEREBY DOES ORDAIN AS FOLLOWS: <br /> 10 SECTION 1. FINDINGS. The City Council of the City of Colton hereby finds that: <br /> A. The City of Colton, California (the "City") is a municipal corporation, duly <br /> 11 organized under the constitution and laws of the State of California. <br /> 12 B. The Planning and Zoning Law authorizes cities to act by ordinance to provide <br /> 13 for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory <br /> dwelling units ("JADUs"). <br /> 14 <br /> C. In 2022, the California Legislature approved, and the Governor signed into law <br /> 15 a number of bills ("New ADU Laws") that, among other things, amended Government Code <br /> section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and <br /> 16 JADUs. <br /> 17 D. The New ADU Laws took effect January 1, 2023, and because the City's ADU <br /> 18 ordinance did not comply with the New ADU Laws, the City's ordinance became null and <br /> void on that date as a matter of law. <br /> 19 <br /> E. The City desires to amend its local regulatory scheme for the construction of <br /> 20 ADUs and JADUs to comply with the amended provisions of Government Code sections <br /> 65852.2 and 65852.22. <br /> 21 <br /> F. Failure to comply with Government Code sections 65852.2 and 65852.22 (as <br /> 22 amended) as of January 1, 2023 rendered the City's ordinance regulating ADUs and JADUs <br /> 23 null and void, thereby limiting the City to the application of the few default standards <br /> provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and <br /> 24 JADUs. <br /> 25 G. The approval of ADUs and JADUs based solely on the default statutory <br /> standards, without local regulations governing height, setback, landscape, architectural <br /> 26 review, among other things, would threaten the character of existing neighborhoods, and <br /> 27 negatively impact property values,personal privacy, and fire safety. <br /> 28 <br />