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1 was constructed before January 1, 2018, if denial is based on <br /> either of the following grounds: <br /> 2 <br /> 3 (i) The ADU violates applicable building standards, or <br /> 4 (ii) The ADU does not comply with the state ADU law <br /> (Government Code section 65852.2) or this ADU ordinance <br /> 5 (section 18.48.150). <br /> 6 (B) Exceptions: <br /> 7 (i) Notwithstanding subsection(h)(2)(A) above, the City may deny <br /> 8 a permit to legalize an existing but unpermitted ADU that was <br /> constructed before January 1, 2018, if the City makes a finding <br /> 9 that correcting a violation is necessary to protect the health and <br /> safety of the public or of occupants of the structure. <br /> 10 <br /> (ii) Subsection(h)(2)(A) above does not apply to a building that is <br /> 11 deemed to be substandard in accordance with California Health <br /> and Safety Code section 17920.3. <br /> 12 <br /> 13 (i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU <br /> that does not conform to the objective standards set forth in subsections (a)through(h) <br /> 14 of this section may be allowed by the City with a conditional use permit, in <br /> accordance with the other provisions of this title. <br /> 15 <br /> SECTION 3. SEVERABILITY. If any section, subsection, subdivision,paragraph, <br /> 16 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be <br /> 17 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision <br /> shall not affect the validity or effectiveness of the remaining portions of this ordinance or any <br /> 18 part thereof. The City Council hereby declares that it would have passed each section, <br /> subsection, subdivision,paragraph, sentence, clause, or phrase thereof irrespective of the fact <br /> 19 that any one (1) or more subsections, subdivisions,paragraphs, sentences, clauses, or phrases <br /> be declared unconstitutional, or invalid, or ineffective. <br /> 20 <br /> 21 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY <br /> ACT FINDING. The City Council Finds that under California Public <br /> 22 Resources Code section 21080.17, the California Environmental Quality <br /> Act ("CEQA") does not apply to the adoption of an ordinance by a city or <br /> 23 county implementing the provisions of section 65852.2 of the Government <br /> 24 Code, which is California's ADU law and which also regulates JADUs, as <br /> defined by section 65852.22. Therefore, the proposed ordinance is <br /> 25 statutorily exempt from CEQA in that the proposed ordinance implements <br /> the State's ADU law <br /> 26 SECTION 5. EFFECTIVE DATE. This ordinance shall go into <br /> effect and be in full force and operation from and after thirty (30) days <br /> 27 after its final passage and adoption. <br /> 28 SECTION 6. PUBLICATION. The City Clerk shall certify to the <br />