Ordinance Number 1077ORDINANCE NO. 1077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING THE CITY'S LAND
USE CODE TO MAKE THE CITY'S CURRENT
REGULATIONS THAT GOVERN ACCESSORY DWELLING
UNITS CONSISTENT WITH NEW STATE REGULATIONS;
AND A DETERMINATION THAT SAID ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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 took effect January 1, 2020, and if the City's ADU
ordinance had not complied with the New ADU Laws, the City's ordinance would have
become null and void on that date as a matter of law; and
WHEREAS, the City adopted a compliant ordinance on December 3, 2019, by way
of an urgency ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction and use of ADUs and JADUs to comply with the amended provisions of
Government Code sections 65852.2 and 65852.22; and
WHEREAS, the City Council has reviewed and considered the public testimony
and agenda reports prepared in connection with this ordinance, including the policy
considerations discussed therein, and the consideration and recommendation by the
City's Planning Commission; and
WHEREAS, in accordance with the California Environmental Quality Act (Pub.
Resources Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code
Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to the San Juan
Capistrano Municipal Code are exempt from environmental review.
1 01077
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.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA
Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA,
among other things, the construction and location of new, small structures and the
conversion of existing small structures from one use to another. Section 15303
specifically lists the construction of appurtenant accessory structures and garages as
examples of activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs,
which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of the "exceptions" to the use of the Class 3
exemption, set forth in State CEQA Guidelines section 15300.2, apply here.
SECTION 3. Section 9-3.501.c is hereby repealed and Section 9-3.501.1 of the
San Juan Capistrano Municipal Code is hereby added as provided in Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 4. This ordinance shall take effect 30 days following its adoption.
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. The City Council hereby directs staff to prepare, execute and file with
the Orange County Clerk a Notice of Exemption within five working days of first reading
of this ordinance.
SECTION 8. 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
2 01077
Council declares that it would have adopted this resolution irrespective of the invalidity of
any portion thereof.
SECTION 9. The documents and materials that constitute the record of
proceedings on which this Ordinance and the above findings have been based are
located at San Juan Capistrano City Hall, City Clerk Dept.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Juan
Capistrano this 17th day of March 2020.
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 Ordinance No. 1077 which was regularly
introduced and placed upon its first reading at the Adjourned Regular Meeting of the City
Council on the 2nd day of March 2020 and that thereafter, said Ordinance was duly
adopte and passed at the Regular Meeting of the City Council on the 17th day of March
2020 b the following vote, to wit:
1
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MARIA\MWRIS, CITY CLE
Reeve, Farias, Maryott, Taylor and Mayor Bourne
None
None
01077
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 3rd day of March 2020, 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 ORDINANCE OF THE CITY COUNCIL OF
CAPISTRANO AMENDING THE CITY'S LAND
CITY'S CURRENT REGULATIONS THAT
DWELLING UNITS CONSISTENT WI ' -H NEV
AND A DETERMINATION THAT SAI ACT
EXEMPT FROM THE CALIFORNIA EN IR{�N
This document was posted in the Office of the
MARIA
San lu
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
THE CITY OF SAN JUAN
USE CODE TO MAKE THE
GOVERN ACCESSORY
STATE REGULATIONS;
ON IS CATEGORICALLY
ENTAL QUALITY ACT
ARMS, CITY C
Capistrano, Cal
AFFIDAVIT OF POSTING
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 18th day of March 2020, 1 caused to be posted a certified copy of Ordinance No.
1077, adopted by the City Council on March 17, 2020, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AMENDING THE CITY'S LAND USE CODE TO MAKE THE
CITY'S CURRENT REGULATIONS THAT GOVERN ACCESSORY
DWELLING UNITS CONSISTENT WITH NEW STATE REGULATIONS;
AND A DETERMINATION THAT SAID ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
4 01077
This document was posted in the Office of the
MARA-400 R[§,tITY CLEFK
San Juan Capistrano, Califon is
01077
EXHIBIT A
Amendments to Municipal Code
(follows this page)
01077
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.
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.
Figure 2: Building Height on Level Lot
Finish
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
of built-in appliances such as built-in ovens or stoves, as opposed to counter -top
ovens and hot plates.
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(5) "Efficiency kitchen" means a kitchen that includes each of the following:
(A) A cooking facility with appliances.
(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.
(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 or JADUs on Single-family Lots: One ADU or one
JADU with no maximum size limit is allowed on a lot that contains a
proposed or existing single-family dwelling, regardless of the underlying
residential zoning, if the integrated ADU or JADU meets all of the
following requirements:
(i) Location: The ADU or 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
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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 (there are no
minimum 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
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:
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(i) The interior side and rear yard setbacks are at least four -feet (there
are no minimum front or street -side setback requirements); 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 a 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
ordinance.
(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
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).
(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.
(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) 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,
n
(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,
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 bedrooms. No more than two bedrooms are allowed.
(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.
(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.
(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.
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(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.
(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.
(7) Architectural Requirements.
E.,
(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) 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. 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 building fagade, not facing the public right-of-way.
(H) No new window of the ADU may have a direct line of sight to a
contiguous residential property. Fencing, landscaping, or privacy glass
may be used to provided screening and prevent a direct line of sight.
(1) All windows of the ADU that are located less than 20 feet from an
adjoining side or rear property line must either be clerestory with the
bottom of the glass at least 6 feet above the finished floor or utilize frosted
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 places 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) 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 of such an ADU or JADU,
unless the ADU 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 zone variance, in accordance with Section
9-2.351 of this Code.
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