Ordinance Number 1074URGENCY ORDINANCE NO. 1074
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO REPEALING
SECTION 9-3.501.c AND ADDING SECTION 9-3.501.1 TO
ARTICLE 5, CHAPTER 3 OF TITLE 9 OF THE CITY OF SAN
JUAN CAPISTRANO MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE 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, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills ("New ADU Laws") that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws take effect January 1, 2020, and if the City's ADU
ordinance does not comply with the New ADU Laws, the City's ordinance becomes null
and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the passage the New ADU Laws because if the City's ordinance does
not comply with Government Code sections 65852.2 and 65852.22 (as amended) as of
January 1, 2020 and the City's ordinance regulating ADUs and JADUs becomes null and
void, the City would thereafter be limited to applying the few default standards that are
provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs
and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods, and
negatively impact property values, personal privacy, and fire safety. These threats to
public safety, health, and welfare justify adoption of this ordinance as an urgency
ordinance to take effect January 1, 2020, following adoption by a four-fifths vote of the
City Council; and
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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), after consideration and recommendation by the City's
Planning Commission.
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 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.c of the San Juan Capistrano Municipal Code is hereby
repealed and Section 9-3.501.1 is hereby added to Article 5 of Chapter 3 of Title 9 as
provided in Exhibit "A", attached hereto and incorporated herein by reference.
Section 4. This ordinance becomes effective January 1, 2020, following its
adoption. 7
Section 5. The City Clerk shall either: (a) have this ordinance published in a
newspaper of general circulation within 15 days after its adoption or (b) have a summary
of this ordinance published twice in a newspaper of general circulation, once five days
before its adoption and again 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.
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2 01074
PASSED, APPROVED AND ADOPTED by the City Council of San Juan Capistrano,
California, at a regular meeting of the City Council held on the 31" day of December 2019.
TROY A. BOURNE, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE )as.
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 Ordinance No. 1074 that was adopted and
passed at the Regular Meeting of the City Council on the 3t° day of December 2019 by
the following vote, to wit:
AYES: COUNCIL MEMBERS: Reeve, Farias, Maryott, Taylor, and Mayor Bourne
NOES L COUNCIL MEMBERS: None
ABSEN . q \ I COUNCIL MEMBERS: None
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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 41 day of December, I caused to be pasted a certified copy of Urgency Ordinance
No. 1074, adopted by the City Council on December 3, 2019, entitled:
Thi
San
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO REPEALING SECTION 9-3.501.c AND ADDING
SECTION 9-3.501.1 TO ARTICLE 5, CHAPTER 3 OF TITLE 9 OF THE CITY
OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
was posted in the Offige of the City Clerk
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EXHIBIT A
Amendments to Municipal Code
(follows this page)
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EXHIBIT A
Section 9-3.501.1 Accessory Dwelling Units
u (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, terns 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.
(3) "Complete independent living facilities" means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family
or multifamily dwelling is or will be situated.
(4) "Efficiency kitchen" means a kitchen that includes each of the following:
(A) A cooking facility with appliances.
(d)
(B) A food preparation counter or counters that total at least 15 square feet in
area.
(C) Food storage cabinets that total at least 30 square feet of shelf space.
(5) "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)(4) above
(6) "Living area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
(7) "Nonconforming zoning condition" means a physical improvement on a property
that does not conform with current zoning standards.
(8) "Passageway" means a pathway that is unobstructed clear to the sky and extends 77
from a street to one entrance of the ADU or JADU.
(9) "Proposed dwelling" means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
(10) "Public transit" 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.
(11) "Tandem parking" means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building -permit Only. If an ADU or JADU complies with each of the general
requirements in subsection (e) below, it is allowed with only a building permit in
the following scenarios:
(A) Converted on Single-family Lot: Only one ADU or JADU on a lot with
a proposed or existing single-family dwelling on it, where the ADU or
JADU:
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(i) Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or
within the existing space of an accessory structure, plus up to 150
additional square feet if the expansion is limited to accommodating
ingress and egress.
(ii) Has exterior access that is independent of that for the single-family
dwelling.
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated
by applicable building and fire codes.
(B) Limited Detached on Single-family Lot: One detached, new -
construction ADU 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), if the detached ADU satisfies
the following limitations:
(i) The side- and rear -yard setbacks are at least four -feet.
(ii) The total floor area is 800 square feet or smaller.
(iii) The peak height above grade is 16 feet or less.
(C) Converted on Multifamily Lot: Multiple ADUs within portions of
existing multifamily dwelling structures that are not used as livable space,
including but not limited to storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each converted ADU complies with state
building standards for dwellings. At least one converted ADU is allowed
within an existing multifamily dwelling, and up to 25 percent of the
existing multifamily dwelling units may each have a converted ADU
under this paragraph.
(D) Limited Detached on Multifamily Lot: No more than two detached
ADUs on a lot that has an existing multifamily dwelling if each detached
ADU satisfies the following limitations:
(i) The side- and rear -yard setbacks are at least four -feet.
(ii) The total floor area is 800 square feet or smaller.
(2) ADU Permit.
(A) Except as allowed under subsection (1) above, no ADU may be created
without a building permit and an ADU permit in compliance with the
standards set forth in subsections (e) and (f) below.
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(B) The City may charge a fee to reimburse it for costs incurred in processing
ADU permits, including the costs of adopting or amending the City's 1
ADU ordinance. The ADU-permit processing fee is determined by the f
Director of Development Services and approved by the City Council by
resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
(B) The City must act on an application to create an ADU or JADU within 60
days from the date that the City receives a completed 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) In the case of a JADU and the application to create a junior
accessory dwelling unit is submitted with a permit application to
create a new single-family dwelling on the lot, the City may delay
acting on the permit application for the JADU until the City acts on
the permit application to create the new single-family dwelling, but
the application to create the JADU will still be considered
ministerially without discretionary review or a hearing. i7
(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 be created on a lot in a residential or mixed-use zone.
(B) An ADU or JADU subject to an ADU permit under subsection (d)(2)
above may be created on a lot that is zoned to allow single-family
dwelling residential use or multifamily dwelling residential use.
(2) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required
in the primary residence.
(3) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30
days.
(4) 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
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dwelling (in the case of a single-family lot) or from the lot and all of the dwellings
(in the case of a multifamily lot).
(5) Septic System. If the ADU or JADU 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 10 years.
(6) Owner Occupancy.
(A) All ADUs created before January 1, 2020 are subject to the owner -
occupancy requirement that was in place when the ADU was created.
(B) An ADU that is created after that date but 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 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 JADU, as the person's legal
domicile and permanent residence. However, the owner -occupancy
requirement of this paragraph does not apply if the property is entirely
owned by another 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) The ADU or JADU may not be sold separately from the primary dwelling.
(B) The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future
property owners.
(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
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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 I
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.
(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 an ADU permit 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 for a studio or one -bedroom unit and
1,000 square feet for a unit with two bedrooms. No more than two
bedrooms are allowed.
(B) An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the existing
primary dwelling.
(C) Application of other development standards in this subsection (f), such as
FAR or lot coverage, might further limit the size of the ADU, but no
application of FAR, lot coverage, or open -space requirements may require
the ADU to be less than 800 square feet.
(2) Floor Area Ratio (FAR). No ADU subject to this subsection (f) may cause the
total FAR of the lot to exceed 45 percent, subject to subsection (f)(1)(C) above.
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot
coverage of the lot to exceed 50 percent, subject to subsection (0(1)(C) above.
(4) Minimum Open Space. No ADU subject to this subsection (f) may cause the
total percentage of open space of the lot to fall below 50 percent, subject to
subsection (f)(1)(C) above.
(5) Height.
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(A) A single -story attached or detached ADU may not exceed 16 feet in height
above grade, measured to the peak of the structure.
(B) A second story or two-story attached ADU may not exceed the height of
the primary dwelling.
(C) A detached ADU may not exceed one story.
(6) Passageway. No passageway, as defined by subsection (c)(8) above, is required
for an ADU.
(7) Parking.
(A) Generally. One off-street parking space is required for each ADU. The
parking space may be provided in setback areas or as tandem parking, as
defined by subsection (c)(11) above.
(B) Exceptions. No parking under subsection (f)(7)(A) is required in the
following situations:
(i) The ADU is located within one-half mile walking distance of
public transit, as defined in subsection (c)(10) above.
(ii) The ADU is located within an architecturally and historically
significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or
an accessory structure (under subsection (d)(1)(A)(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.
(C) No Replacement. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU or converted
to an ADU, those offstreet parking spaces are not required to be replaced.
(8) Architectural Requirements.
(A) The architectural design of a new attached or detached ADU shall be
compatible with the primary residence.
(9) Landscape Requirements.
(A) None.
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(10) Historical Protections.
(A) ADUs on property that is listed in the California Register of Historic
Resources or the Inventory of Historic and Cultural Landmarks are subject
to Section 9.2.327 (Historical and Cultural Landmark Site Plan Review).
(g) Fees.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in
size.
(B) Any impact fee that is required for an ADU that is 750 square feet or
larger in size must be charged proportionately in relation to the square
footage of the primary dwelling unit. (E.g., the floor area of the primary
dwelling, divided by the 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) Converted ADUs and JADUs on a single-family lot, created under
subsection (d)(1)(A) above, are not required to have a new or separate
utility connection directly between the ADU or JADU and the utility. Nor
is a connection fee or capacity charge required unless the ADO or JADU
is constructed with a new single-family home.
(B) All ADUs and JADUs not covered by subsection (g)(2)(A) above require
a new, separate utility connection directly between the ADU or JADU and
the utility. The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU or JADU, 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. The fee or charge 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
this section may be allowed by the City with a conditional use permit, in accordance with
the Section 9-2.317 of this Code.
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