PC Resolution-22-05-11-01RESOLUTION NO. 22-5-11-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE 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
or the local ordinance becomes null and void; and
WHEREAS, the Legislature frequently amends the ADU Laws; and
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, on March 15, 2022, the City Council adopted an urgency ordinance
amending the City's Land Use code regulating ADUs and JADUs to ensure consistency
with state regulations, which was effective upon adoption, and simultaneously initiated a
Code Amendment so that a non-urgency version of the adopted urgency ordinance could
be adopted; and
WHEREAS, staff and the City Attorney prepared the proposed ordinance, including
the proposed language and terminology, and any additional information and documents
deemed necessary for the Planning Commission to take action; and
WHEREAS, on April 28, 2022, the City gave public notice of the public hearing for
the proposed ordinance by publishing in a newspaper of general circulation of a Planning
Commission public hearing at which the ordinance would be considered; and
WHEREAS, on May 11, 2022, the Planning Commission held a duly-noticed public
hearing and considered the staff report, recommendations by staff, and public testimony
concerning the proposed ordinance.
PC Resolution 22-5-11-01 May 11, 2022
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO DOES RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
Section 1. Under California Public Resources Code section 21080.17, the
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 2. Based on the entire record before the Planning Commission, and all
written and oral evidence presented, the Planning Commission hereby finds that the
proposed ordinance is consistent with the City's adopted General Plan as the purpose of
the proposed ordinance is to comply with the amended provisions of Government Code
Sections 65852.2 and 65852.22. The proposed ordinance does not otherwise conflict with
any of the General Plan's goals or policies.
Section 3. The Planning Commission hereby recommends that the City Council
adopt the attached proposed ordinance (Attachment A) entitled: AN 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
PASSED, APPROVED AND ADOPTED by the San Juan Capistrano Planning
Commission on this 11 th day of May 2022.
~/~-~Mil
Tami Wilhelm~Planning Commission Chair
Joel
Plan
2
PC Resolution 22-5-11-01
EXHIBIT A
(Continued on following page)
3
May 11, 2022
PC Resolution 22-5-11-01 May 11, 2022
ORDINANCE NO. XXXX
AN 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
or the local ordinance becomes null and void; and
WHEREAS, the Legislature frequently amends the ADU Laws; and
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, on March 15, 2022, the City Council adopted an urgency ordinance
amending the City's Land Use code regulating ADUs and JADUs to ensure consistency
with state regulations, which was effective upon adoption, and simultaneously initiated a
Code Amendment so that a non-urgency version of the adopted urgency ordinance could
be adopted; and
WHEREAS, on May 11, 2022, the Planning Commission held a duly-noticed public
hearing and considered the staff report, recommendations by staff, and public testimony
concerning the non-urgency ordinance and recommended approval of the ordinance to
the City Council; and
WHEREAS, on the City Council held a duly-noticed public hearing and considered
the staff report, recommendations by staff, and public testimony concerning the proposed
ordinance.
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.
4
PC Resolution 22-5-11-01 May 11 , 2022
Section 2. Under California Public Resources Code section 21080.17, the
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 underline and strikeout in Exhibit A, which is attached
hereto and incorporated herein by reference.
Section 4. This ordinance shall takes effect 30 days after adoption.
Section 5. 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 ordinance are severable. The City
Council declares that it would have adopted this ordinance irrespective of the invalidity of
any portion thereof.
Section 6. The City Council hereby directs staff to prepare, execute, and file with
the County of Orange Clerk a notice of exemption within five (5) working days of the
adoption of this Ordinance.
Section 7. The Custodian of Records for this Ordinance is the City Clerk and the
records compromising the administrative record for this Ordinance are located at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675.
PASSED, APPROVED AND ADOPTED by the City Council of San Juan Capistrano,
California, at a regular meeting of the City Council held on the _ day of ____ , 2022
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of San Juan Capistrano
Dereck Reeve, Mayor
ATTEST:
Maria Morris, City Clerk
5
PC Resolution 22-5-11-01 May 11, 2022
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Jeff Ballinger, City Attorney
6
PC Resolution 22-5-11-01
EXHIBIT A
(Continued on following page)
7
May 11, 2022
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.
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61147.00310\34896255.3
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.
HfJCKT ----............ p,a,oo --
:=======~~ ]' 1
~ ..,.__.,,. 1. --
Figure 2: Building Height on Level Lot
Figure 3: Building Height on Hillside
(4) "Complete independent living facilities" means permanent provisions for living,
sleeping, eating, cooking, and sanitation. Cooking provisions shall include the use
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61147.00310\34896255.3
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)
(B)
(C)
A cooking facility with appliances.
A food preparation counter that is of reasonable size in relation to the size
of the junior accessory Jw !ling: uniL or eounters that total at least 15
square feet in area.
Food storage cabinets that are of reasonable size in relation to the size of
the juni ry d, el ling unit. total at least JO square feet of shdf
~
(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 OF-and JADUs on Single-family Lots: One Jetached
or attached ADU or E!.D..Q_one JA DU with no maximum size limit and one
JADU is allowed on a lot that contains a proposed or existing single-
3
61147.00310\34896255.3
family dwelling, regardless of the underlying residential zoning, if the
integrated ADU er-and JADU meets all of the following requirements:
(i) Location: The ADU er-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)(l)(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 (there are no
111ini111'.1m front or street side setback requirements); 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
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61147.00310\34896255.3
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.
(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)
(ii)
The interior side and rear yard setbacks are at least four-feet (the re
are llO minimum froRt or street side setback requiremen.ts ); and,
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)(l) 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 appl ication fee, adopted by City Council
resolution, to reimburse it for costs incurred in the zoning-compliance
review of an ADU, including the costs of adopting or amending the City"s
ADU onJinaRee.
(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)(l) or (d)(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection
(d)(l) 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:
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6114 7.00310\34896255.3
(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
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 l
61147.00310\34896255.3
Exception: An AD mav be ·old or conveyed separately from the primary
residence to a qualified buver if all of the following appl :
(i) The DU or the primai dwelling was built or developed b a
qualified nonprofit coâ–ˇJoration.
(ii) There is an enforceable restriction on the u ·e of th"' land pursuant
to a recorded contract between the qualified buyer and the
qualified nonprofit corporation that satisli al! of the requirement~
specified in paragraph ( 10) of subdivision (a) o-fS ction 402.1 of
the Revenue and Taxation Code.
(iii) The property is held pursuant to a recorded tenancv in common
agreement that includes all f th following:
a.
b.
undivided, unequal interest in the property based on the
iz of the dwell in!! that each qualified buver occupies.
first offer the qualified nonprofit corporation to buy the
DU or primarv dwellinir if the bu
convey the property.
6
(i V)
C.
d.
c_
A requirement that the qualified buyer occupy the ADU or
primar dwelling as the buver'' principal re idencc.
ffordabi litv re-triction · n the sale aml conveyance of the
AOL~ or primmy dwelling tha t en urc the ADU and
primary dwellirn.i: wi ll be pre_ er\'ed fo r low-incoml! housing
for -1-.:-yea rs for wne r-cc upied ho usin!!. Lmits and will be
sold or resold ton qua lified bu er.
I f the tenancy in comm n. grccmcnt is recorded after
December 3 1, 2021, it shall also include all of the
following :
1.
11.
Ill.
Delineation of all areas of th~ propert that are for
the exclusive use of a cotenant. Each cotenant shall
agree not to claim a rig ht of occupancy to a1 ca
delineated for th e of another c nant.
provided that the latter c tenant's obi iga tion to
each of the other cotenants have been satisfied.
Delineation of each cotenant' respon ·ibilit for the
costs of taxes, insurance, utilities, general
ma intenance and repai r, impro cmcnts. and anv
other co ts. obLigatioo , or liabilities associated with
the propertv. This delineation shall only be binding
on th partie · to th aer cment. and hall n t
super ede or obviate the liabi lity. whether joint and
several or otherwise, of the parties for any cost,
obligation. or liab ilitv as ciated with tbe ptopert
where such liability is otherwise established by law
orb av;reement with a third paiiv.
Procedures for dispute resolution among the parties
before re orting to l gal action.
A L7Tao <le d na ming the !.!rantor, t!;rantee , and de · ribin!.! the
property inter t being transferred hall be recorded in the Co unty
of Orange. A Prel im inary Ch ng,e of Owne1 hip Report ·hall be
filed concurrently with this grant deed pursuant to Section 480.3 of
the Revenue and Taxation Code.
Not\i\-ithslandi ng ·ubse tion (!!)12)( ) belo", if request d bv a
utility providing service to the primary residence. the ADU will
have a separate waler. e\, er. or electrical connection to that utilitv.
(6) Owner Occupancy.
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61147.00310\34896255.3
(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.
(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)
(B)
(C)
(D)
6 I 147.00310\34896255.3
E. tion (e)(5) above. -+-He-the ADU or JADU
may not be sold separately from the primary dwelling; and,
The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section; and,
The deed restriction runs with the land and may be enforced against future
property owners; and,
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
8
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,
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. No more than hvo bedrooms are aHo·.ved.
(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)(l)(A) above, whichever is
less.
(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)(l)(B) above and the
lot-coverage limit in subsection (f)( 4) below must yield to allow an ADU
of up to 800 square feet.
(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)(l)(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.
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61147.00310\34896255.3
( 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.
(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)(l)(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.
(7) 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.
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61147.00310\34896255.3
(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) 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
dwelling, if fea 'ible. 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,_ and the ADU entrance must be located on the side
or rear buildinJ:; faQc.de, not facing the public right of way.
(H) "fo ne·N v,indow of the :\DU 1nay h.ave a di.reet line of sigbt ma
contiguous residentia l property. Fencing, landscaping, or privacy glass
may be used to provided screening and prevent a direct line of sightJQ
contiguous residential propertv.
(I) All windows of the ADU thal are louated le~s thar:. 70 feet from aa
adjoining side or rear property line 111trnt either be clerestory with the
bottom of the glass at least 6 feet above the finished floor or uti1ize fro sted
or obscuring glass.
(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 federal, state, or local register of historic placesth Califo rni a Regi ter o f
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.
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(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 Co nn ections and Fees.
(Al
(B )
(Cl
connection directly between the ADU and the utility and pavmem of the
normal connection fee and capacity charge for the new ADU are required.
Except as described in subsection g)(2)(A) above, inteu.rated ADUs on a
ingle-fomilv lor that arc created under subsection Error! Reference
source not found. are not required l:o ha ea new or ·eparate utiJil
connection directly between the ADU and the utility. Nor is a connection
fee or apacir harn:e required.
Except a d rib d in ub. cction (g)(2)(A) above. all AD s that are not
covered bv subsection (g)(2)(B) above require a new. s parate utilitv
connection directly between the ADU and the utility.
(i)
(ii)
The connection is ubj ect to a connection fee or capacity
that i proportionate to the burden created by the ADU, ba ed on
either the floor area or the number of drainal! -fixture unit ( DFU)
values, as defined by the Uniform Plumbing Code, upon the water
or ewer ·vstem.
fee or charge that i chanred bv the utility
provider may not exceed the reasonable cost of providirnr 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
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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