Ordinance Number 1097' URGENCY ORDINANCE NO. 1097
AN. URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO AMENDING THE
CITY'S LAND USE CODE REGULATING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS TO ENSURE CONSISTENCY WITH STATE
REGULATIONS; AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA
WHEREAS, the City of San Juan Capistrano, California ("City") is a municipal
corporation, duly organized under the constitution and laws of the State of California;
and
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to
provide for the creation and regulation of accessory dwelling units ("ADUs") and junior
accessory dwelling units ("JADUs"); and
WHEREAS, Government Code sections 65852.2 and 65852.22 (the "ADU
Laws") impose limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the ADU Laws require a local ordinance to comply with the ADU
' Laws at or the local ordinance becomes null and void; and
WHEREAS, the Legislature frequently amends the ADU Laws; and
J
WHEREAS, the Legislature has amended the ADU Laws again; and
WHEREAS, the City desires to amend its local ADU ordinance to keep it in
compliance with the ADU Laws; and
WHEREAS, there is a current and immediate threat to the public health, safety,
or welfare if the City does not amend its ordinance to conform to current ADU Laws so
that the City may regulate to ensure that ADU development is appropriate, compatible,
and environmentally sensitive; and
WHEREAS, the threats to public safety, health, and welfare justify adoption of
this ordinance as an urgency ordinance to be effective immediately upon adoption by a
four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council
may adopt this ordinance as an urgency measure in accordance with Government Code
section 36937, subdivision (b).
61147.00310\34896996.2
NOW, THEREFORE, the City Council of the City of San Juan Capistrano does ordain
as follows: '
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. Under California Public Resources Code section 2ASl&ff gNENT 1
California Environmental Quality Act ("CEQA") does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
Government Code, which is California's ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt
from CEQA in that the proposed ordinance implements the State's ADU law.
Section 3. Section 9-3.501.1 of the City of San Juan Capistrano Municipal Code
is hereby amended as provided in Exhibit "A", attached hereto and incorporated herein
by reference.
Section 4. This ordinance takes effect immediately upon its adoption.
Section 5. The City Clerk shall have this ordinance or a summary of this
ordinance published in a newspaper of general circulation within 15 days after its
adoption.
Section 6. The City Clerk shall submit a copy of this ordinance to the '
Department of Housing and Community Development within 60 days after adoption.
Section 7. If any provision of this ordinance or its application to any person or
circumstance is held to be invalid, such invalidity has no effect on the other provisions
or applications of the ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this resolution are severable. The City
Council declares that it would have adopted this resolution irrespective of the invalidity
of any portion thereof.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Juan
Capistrano, California, at a regular meeting of the City Council held on the 15th day of
March, 2022.
DEREK REEVE, MAYOR
MARIA MORRIS, CITY CLERK '
b 1147.003 i W349969oaz
' STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Urgency Ordinance No. 1097 was duly
adopted and passed at the Regular Meeting of the City Council on the 1511 day of March
2022 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart and Mayor Reeve
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
�-L2��
IF
MART ORRIS, ITY CLERK
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 10th day of March 2022, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING THE CITY'S LAND USE CODE
REGULATING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY WITH
STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
This document was posted in the Office of the City Clerk
MARIA MORR S, CITY CLERK
San Juan Capistrano, California
6114 7 0010 3-189(,996 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING I CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 16th day of March 2022, 1 caused to be posted a certified copy of Urgency
Ordinance No. 1097, adopted by the City Council on March 15, 2022, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING THE CITY'S LAND USE CODE
REGULATING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY WITH
STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
This document was posted in the Office of the City Clerk
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
61147.00310\34896996.2
11
61147.00310\34896996.2
EXHIBIT A
Amendments to Municipal Code
(follows this page)
' Section 9-3.501.1 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22.
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section
will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for
the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is
located.
(3) Considered in the application of any local ordinance, policy, or program to limit
residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection
(c)(7) below. This does not prevent the City from enforcing compliance with
applicable building standards in accordance with Health and Safety Code section
17980.12.
' (c) Definitions. As used in this section, terms are defined as follows:
(1) "Accessory dwelling unit" or "ADU" means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. An
accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by Section 17958.1 of the California Health
and Safety Code; and
(B) A manufactured home, as defined by Section 18007 of the California
Health and Safety Code.
(2) "Accessory structure" means a structure that is accessory and incidental to a
dwelling located on the same lot, including attached or detached garages, covered
patios, storage sheds and cabanas.
(3) "Building height" means the vertical distance from finished grade or flood
protection elevation to the topmost point of the roof of a building or to the highest
point of a structure other than a building, as shown in Figure 2. Chimneys, finials,
and other rooftop architectural projections are not included in determining
' building height.
EXHIBIT A
61147.00310\34896255.2
For structures in hillside areas, allowable building height shall be determined by
connecting an imaginary line, at the applicable building height standard, between '
a series of vertical lines drawn at the uppermost and the lowermost finish grades
of a building (typically measured at a point five (5) feet away from the vertical
building wall), as shown in Figure 3. For purposes of this definition, "hillside
area" means an area in which the average slope of the building footprint area is
ten (10) percent or more. For structures in hillside areas that are constructed on a
foundation system that include one or more retaining walls or other retaining
system, the measurement to establish allowable building height shall be measured
from five (5) feet outside of the retaining wall or system used to support the
building.
AR6
ewavcxucirr
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xV WE^r( J'le
Figure 2: Building Height on Level Lot
FW.
Figure 3: Building Height on Hillside
(4) "Complete independent living facilities" means permanent provisions for living,
I
sleeping, eating, cooking, and sanitation. Cooking provisions shall include the use
61147.00310\34896255.2
' of built-in appliances such as built-in ovens or stoves, as opposed to counter -top
ovens and hot plates.
(5) "Efficiency kitchen" means a kitchen that includes each of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter that is of reasonable size in relation to the size
of the junior accessory dwelling unit.
(C) Food storage cabinets that are of reasonable size in relation to the size of
the junior accessory dwelling unit.
(6) "Junior accessory dwelling unit' or "JADU" means a residential unit that
(A) is no more than 500 square feet in size,
(B) is contained entirely within an existing or proposed single-family
structure,
(C) includes its own separate sanitation facilities or shares sanitation facilities
with the existing or proposed single-family structure, and
(D) includes an efficiency kitchen, as defined in subsection (c)(5) above
(7) "Nonconforming zoning condition" means a physical improvement on a property
that does not conform with current zoning standards regardless of whether the
nonconforming condition was lawfully created in compliance with all applicable
ordinances and laws at the time the lot or physical improvement was created.
(8) "Public transit stop" means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and other forms
of transportation that charge set fares, run on fixed routes, and are available to the
public.
(d) Review Process. The following two review processes apply to proposed ADUs and
JADUs under this section:
(1) Building Permit Review. The following four categories of ADUs or JADUs are
allowed with only a building permit if all of the general requirements listed in
subsection (e) below are met:
(A) Integrated ADUs and JADUs on Single-family Lots: One detached or
attached ADU with no maximum size limit and one JADU is allowed on a
lot that contains a proposed or existing single-family dwelling, regardless
' of the underlying residential zoning, if the integrated ADU and JADU
meets all of the following requirements:
3
61147.00310\34896255.2
(i) Location: The ADU and JADU is located either:
a. within the space of a proposed single-family dwelling; or '
b. within the space of an existing single-family dwelling; or
C. within a demolished and rebuilt portion of an existing
single-family dwelling or accessory structure that is rebuilt
in the same location and with the same dimensions as the
preexisting structure; or
d. within the space of an accessory structure as defined in
section (C)(2), plus up to 150 square feet of additional
habitable floor area to accommodate ingress and egress.
(ii) Has exterior access that is independent of that for the single-family
dwelling; and,
(iii) Has minimum interior side and rear setbacks sufficient for fire and
safety, as dictated by applicable building and fire codes.
(B) New Detached ADUs on Single-family Lots: One detached, new -
construction ADU is allowed on a lot with a proposed or existing single-
family dwelling (in addition to any JADU that might otherwise be '
established on the lot under subsection (d)(1)(A) above), regardless of the
underlying residential zoning, provided the detached ADU meets all the
following requirements:
(i) The side- and rear -yard setbacks are at least 4 -feet; and,
(ii) The total habitable floor area is 800 square feet or smaller; and,
(iii) The maximum building height, excluding architectural features,
above adjacent finished grade is 16 feet or less, as defined in
section (c)(3) above.
(C) Converted ADUs on Multi -family Lots: Multiple ADUs are allowed
within portions of existing multi -family structures that are not used as
habitable space, regardless of the underlying residential zoning. Non -
habitable space that may be converted to an ADU may include, but not be
limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, provided each converted ADU complies with state building
standards for dwellings. At least one converted ADU is allowed within an
existing multi -family structure, and the maximum number of ADUs that
may be created within an existing multi -family structure is equal to 25
percent of the existing multi -family dwelling units within that structure. '
4
61147.003 10\34896255.2
(D) New Detached ADUs on Multi -family Lots: No more than two detached
new construction ADUs are allowed on a lot that has an existing multi-
family structure, regardless of the underlying residential zoning, provided
each new detached ADU meets both of the following requirements:
(i) The side and rear yard setbacks are at least four -feet; and,
(ii) The maximum building height, excluding architectural features,
above adjacent finished grade is 16 feet or less.
(2) Zoning -Compliance Review.
(A) Except as allowed under subsection (d)(1) above, no ADU may be created
without both a building permit and a zoning -compliance review to ensure
that the proposed ADU is in compliance with the standards set forth in
subsections (e) and (f) below.
(B) The City may charge an application fee, adopted by City Council
resolution, to reimburse it for costs incurred in the zoning -compliance
review of an ADU.
(C) The zoning -compliance review of an ADU is a ministerial action, without
' discretionary review or a hearing.
(e) General ADU and JADU Requirements. The following requirements apply to all
ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection
(d)(1) above may only be created on a lot located within a single-family or
multi -family zoning district. The City has no mixed-use zoning district.
(B) An ADU or JADU subject to zoning -compliance review under subsection
(d)(2) above may only be created on a lot in areas zoned to allow single
family or multi -family dwelling residential use..
(2) Timing. The City must complete its review of a permit application to create an
ADU or JADU within 60 days from the date that the City receives a completed
permit application, unless either:
(i) The applicant requests a delay, in which case the 60 -day time
period is tolled for the period of the requested delay, or
(ii) A JADU permit application is submitted with a permit application
' to create a new single-family dwelling on the lot, in which case the
City may delay acting on the JADU permit application until the
5
61147.00310\34896255.2
City acts on the permit application to create the new single-family
dwelling. In this scenario,. the zoning -compliance review of the '
JADU permit application will still be considered a ministerial
action without discretionary review or a hearing.
(3) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required
in the primary residence.
(4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30
calendar days.
(5) No Separate Conveyance. An ADU or JADU may be rented, but no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the primary
dwelling (in the case of a single-family lot) or from the lot and all of the dwellings
(in the case of a multi -family lot).
(A) Exception: An ADU may be sold or conveyed separately from the primary
residence to a qualified buyer if all of the following apply:
(i) The ADU or the primary dwelling was built or developed by a
qualified nonprofit corporation.
(ii) There is an enforceable restriction on the use of the land pursuant
to a recorded contract between the qualified buyer and the '
qualified nonprofit corporation that satisfies all of the requirements
specified in paragraph (10) of subdivision (a) of Section 402.1 of
the Revenue and Taxation Code.
(iii) The property is held pursuant to a recorded tenancy in common
agreement that includes all of the following:
a. The agreement allocates to each qualified buyer an
undivided, unequal interest in the property based on the
size of the dwelling that each qualified buyer occupies.
b. A repurchase option that requires the qualified buyer to
first offer the qualified nonprofit corporation to buy the
ADU or primary dwelling if the buyer desires to sell or
convey the property.
C. A requirement that the qualified buyer occupy the ADU or
primary dwelling as the buyer's principal residence.
d. Affordability restrictions on the sale and conveyance of the
ADU or primary dwelling that ensure the ADU and
primary dwelling will be preserved for low-income housing '
6
61147.00310\34896255.2
' for 45 years for owner -occupied housing units and will be
sold or resold to a qualified buyer.
e. If the tenancy in common agreement is recorded after
December 31, 2021, it shall also include all of the
following:
Delineation of all areas of the property that are for
the exclusive use of a cotenant. Each cotenant shall
agree not to claim a right of occupancy to an area
delineated for the exclusive use of another cotenant,
provided that the latter cotenants obligations to
each of the other cotenants have been satisfied.
ii. Delineation of each cotenant's responsibility for the
costs of taxes, insurance, utilities, general
maintenance and repair, improvements, and any
other costs, obligations, or liabilities associated with
the property. This delineation shall only be binding
on the parties to the agreement, and shall not
supersede or obviate the liability, whether joint and
several or otherwise, of the parties for any cost,
' obligation, or liability associated with the property
where such liability is otherwise established by law
or by agreement with a third party.
iii. Procedures for dispute resolution among the parties
before resorting to legal action.
(iv) A grant deed naming the grantor, grantee, and describing the
property interests being transferred shall be recorded in the County
of Orange. A Preliminary Change of Ownership Report shall be
filed concurrently with this grant deed pursuant to Section 480.3 of
the Revenue and Taxation Code.
(v) Notwithstanding subsection (g)(2)(A) below, if requested by a
utility providing service to the primary residence, the ADU will
have a separate water, sewer, or electrical connection to that utility.
(6) Owner Occupancy.
(A) All ADUs created before January 1, 2020 (building permit finaled) are
subject to the owner -occupancy requirement that was in place when the
ADU was created.
' (B) An ADU that is created on or after January 1, 2020 and before January 1,
2025, is not subject to any owner -occupancy requirement.
7
61147.00310\34596255.2
(C) All ADUs that are created on or after January 1, 2025 are subject to an
owner -occupancy requirement. A natural person with legal or equitable '
title to the property must reside on the property as the person's legal
domicile and permanent residence.
(D) All JADUs regardless of when they are created are subject to an owner -
occupancy requirement. A natural person with legal or equitable title to
the property must reside on the property, in either the primary dwelling or
the JADU, as the person's legal domicile and permanent residence. The
owner -occupancy requirement of this paragraph does not apply if the
property is entirely owned by a governmental agency, land trust, or
housing organization.
(7) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a
deed restriction must be recorded against the title of the property in the County
Recorder's office and a copy filed with the Director of Development Services.
The deed restriction must run with the land and bind all future owners. The form
of the deed restriction will be provided by the City and must provide that:
(A) Except as allowed under subsection (e)(5) above, the ADU or JADU may
not be sold separately from the primary dwelling; and,
(B) The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section; and, '
(C) The deed restriction runs with the land and may be enforced against future
property owners; and,
(D) The deed restriction may be removed if the owner eliminates the ADU or
JADU, as evidenced by, for example, removal of the kitchen facilities. To
remove the deed restriction, an owner may make a written request of the
Director of Development Services, providing evidence that the ADU or
JADU has in fact been eliminated. The Director may then determine
whether the evidence supports the claim that the ADU or JADU has been
eliminated. Appeal may be taken from the Director's determination
consistent with other provisions of this Code. If the ADU or JADU is not
entirely physically removed, but is only eliminated by virtue of having a
necessary component of an ADU or JADU removed, the remaining
structure and improvements must otherwise comply with applicable
provisions of this Code; and,
(E) The deed restriction is enforceable by the Director of Development
Services or his or her designee for the benefit of the City. Failure of the
property owner to comply with the deed restriction may result in legal
action against the property owner, and the City is authorized to obtain any
remedy available to it at law or equity, including, but not limited to, '
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61147.00310\348962551
' obtaining an injunction enjoining the use of the ADU or JADU in
violation of the recorded restrictions or abatement of the illegal unit.
(f) Specific ADU Requirements. The following requirements apply only to ADUs that
require zoning compliance review under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this
subsection (f) is 850 square feet of habitable floor area for a studio or one -
bedroom unit and 1,000 square feet of habitable floor area for a unit with
two or more bedrooms.
(B) A new attached ADU that is created on a lot with an existing primary
dwelling is limited in area to 50 percent of the habitable floor area of the
existing primary dwelling or the limits in (f)(1)(A) above, whichever is
less.
(A) One off-street parking space measuring at least 9 feet wide by 19 feet long
is required for each ADU on the property where the ADU is located. The
required parking space may be provided in a garage or carport or on a
driveway or within a paved setback area and may be configured as tandem
parking. If the owner elects to provide the parking space in a garage or
carport, the garage or carport is subject to any applicable zoning standards
' of Title 9 of this Code.
9
61147.00310\34896255.2
(C) Application of other development standards in this subsection (f), such as
lot coverage and setbacks may further limit the size of an ADU. However,
both the percentage -based size limit in subsection (f)(1)(B) above and the
lot -coverage limit in subsection (f)(4) below must yield to allow an ADU
of up to 800 square feet.
t (2)
Height. A new attached or detached ADU under this subsection (f) is limited to
one story and may not exceed 16 feet in height, as defined in section (c)(3) above.
(3)
Setbacks. A new attached or detached ADU under this subsection (f) is subject to
side- and rear -yard setbacks of 4 feet and to a front -yard setback of 30 feet.
(4)
Lot Coverage. A new attached or detached ADU under this subsection (f) is
subject to a lot -coverage limit of 0.35, subject to subsection (f)(1)(C) above.
(5)
Passageway. No pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the ADU is required.
(6)
Parking.
(A) One off-street parking space measuring at least 9 feet wide by 19 feet long
is required for each ADU on the property where the ADU is located. The
required parking space may be provided in a garage or carport or on a
driveway or within a paved setback area and may be configured as tandem
parking. If the owner elects to provide the parking space in a garage or
carport, the garage or carport is subject to any applicable zoning standards
' of Title 9 of this Code.
9
61147.00310\34896255.2
(7)
(B) The new attached or detached ADU and primary dwelling must use the
same driveway apron to access the street, unless a separate driveway apron
for the new ADU is required by the fire authority.
(C) Exceptions. No parking under subsection (f)(6)(A) is required in the
following situations:
(i) The ADU is located within one-half mile walking distance of a
public transit stop, as defined in subsection (c)(8) above.
(ii) The ADU is located within the Los Rios Historical Residential
District or the Mission Residential Zoning District.
(iii) The ADU is integrated into a proposed or existing primary
residence or garage or other accessory structure under subsection
(d)(1)(A).
(iv) When on -street parking permits are required but not offered to the
occupant of the ADU.
(v) When there is an established car share vehicle stop located within
one block of the ADU.
(D) No Replacement. When a garage, carport, or other covered -parking
structure is demolished in conjunction with the construction of an ADU or
if a garage, carport or other covered -parking structure is converted to an
ADU, those off-street parking spaces are not required to be replaced.
Architectural Requirements.
(A) The exterior sides of the ADU shall be covered with wood, stucco,
masonry, or other material of the same appearance and of the same or
better durability. Metal siding shall not be permitted.
(B) The roof material of the ADU shall be wood shingle or shake, slate, tile, or
other material of the same appearance and of the same or better durability.
(C) The roof eaves and gables of the ADU shall be no less than 12 inches, as
measured from the vertical side of the unit.
(D) If the ADU would be visible from an adjoining public right-of-way, the
materials and colors of the exterior walls, roof, windows and doors of the
ADU must match the appearance and architectural design of those of the
primary dwelling.
(E)
61147.00310134896255.2
If the ADU would be visible from an adjoining public right-of-way, the
roof slope of the ADU must match the dominant roof slope of the primary
10
' dwelling, if feasible. The dominant roof slope is the slope of the largest
portion of the roof.
(F) Exterior lighting of the ADU must be limited to down -lights or as
otherwise required by the building or fire code.
(G) The ADU must have an independent exterior entrance, apart from that of
the primary dwelling.
(H) Fencing, landscaping, or privacy glass may be used to provided screening
and prevent a direct line of sight to contiguous residential property.
(8) Historical Protections. The architectural treatment of a new attached or detached
ADU to be constructed on a lot that has an identified historical resource listed on
the California Register of Historic Resources must comply with all applicable
ministerial requirements imposed by the Secretary of the Interior.
(9) Septic System. If the ADU will connect to an onsite water -treatment system, the
owner must include with the application a percolation test completed within the
last five years or, if the percolation test has been recertified, within the last ten
years.
' (10) Ridgeline Protection. No ADU, or grading related to construction of an ADU,
shall be permitted within 200 feet (horizontal) of a General Plan designated
ridgeline, or as designated on a final City subdivision.
(g) Fees. The following fees apply to all ADUs and JADUs approved by the City under this
section.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in
habitable floor area.
(B) Any impact fee that is required for an ADU that is 750 square feet or
larger in habitable floor area must be charged proportionately in relation to
the habitable floor area of the primary dwelling unit. (E.g., the habitable
floor area of the primary dwelling, divided by the habitable floor area of
the ADU, times the typical fee amount charged for a new dwelling.)
"Impact fee" here does not include any connection fee or capacity charge
for water or sewer service.
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate utility
' connection directly between the ADU and the utility and payment of the
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61147.00310134896255.2
normal connection fee and capacity charge for a new dwelling are
required. '
(B) Except as described in subsection (g)(2)(A) above, converted ADUs on a
single-family lot that are created under subsection (d)(1)(A) above are not
required to have a new or separate utility connection directly between the
ADU and the utility. Nor is a connection fee or capacity charge required.
(C) Except as described in subsection (g)(2)(A) above, all ADUs that are not
covered by subsection (g)(2)(B) above require a new, separate utility
connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU, based on
either the floor area or the number of drainage -fixture units (DFU)
values, as defined by the Uniform Plumbing Code, upon the water
or sewer system.
(ii) The portion of the fee or charge that is charged by the utility
provider may not exceed the reasonable cost of providing this
service.
(h) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that
does not conform to the objective standards set forth in subsections (a) through (g)(2) of I this section may be allowed by the City with a zone variance, in accordance with Section
9-2.351 of this Code.
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