Ordinance Number 1046ORDINANCE NO. 1046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 9-3.501 AND APPENDIX A OF TITLE 9 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS
WHEREAS, the City of San Juan Capistrano, California (the "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 provide by
ordinance for the creation of second units; and,
WHEREAS, to address California's shortage of housing supply, the California
Legislature approved, and the Governor signed into law, Assembly Bill 2299 (Bloom,
Chapter 735, Stats. 2016), Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016)
and Assembly Bill 2406 (Thurmond, Chapter 755, Stats. 2016); and,
WHEREAS, Assembly Bill 2299 and Senate Bill 1069 are double jointing bills,
which among other things, amend California Government Code Section 65852.2. These
statutes impose new limitations on local authority to regulate second units, which are
now referred to as "accessory dwelling units" ("ADU"); and,
WHEREAS, Assembly Bill 2299 became effective on January 1, 2017, and
rendered all non-compliant local ordinances null and void on that date unless and until
an agency adopts an ordinance that complies with Government Code Section 65852.2;
and,
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of accessory dwelling units that fully complies with Assembly Bill 2299;
and,
WHEREAS, among other things, the City desires to maintain its prohibition on
tandem parking for ADUs because allowing tandem parking would create a situation in
the City's residential zones where the vehicle(s) belonging to the owner of a principle
dwelling unit on a property may impede the vehicle(s) belonging to the owner or
occupant of an ADU on the same property from being able to safely evacuate the
property in an emergency, or vice versa; and,
WHEREAS, the latter issue is a particularly important life safety concern in the
City because 90 percent of the City lies within either a Moderate, High or Very High Fire
Hazard Severity Zone, as mapped by the Orange County Fire Authority, or within a
Flood Zone, as mapped by the Federal Emergency Management Agency; and,
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WHEREAS, approximately one-third of the of the southern portion of the City lies
within the San Onofre Nuclear Generating Station's (SONGS) 1 0-mile Emergency
Planning Zone. Though all fuel has been removed from the site , risk still remains to
residents in the 1 0-mile Emergency Planning Zone from SONGS due to potential
flooding or seismic impacts ; and,
WHEREAS , a majority of the City 's residential districts were developed decades
ago, and many residential driveways that lead from the garage to the street are narrow
and non-conforming to today's driveway width standards; and,
WHEREAS, at a regularly scheduled meeting on February 7, 2017, the City
Council initiated an amendment to the City 's Land Use Code so that the City's existing
regulations that govern accessory dwelling units could be amended to comply with the
new State regulations; and
WHEREAS, the proposed project has been processed pursuant to Section
9-2.309, Amendment of the Land Use Code; and, ·
WHEREAS , the Environmental Administrator has determined the Land Use Code
Amendment is statutorily exempt from review under the California Environmental
Quality Act ("CEQA") pursuant to Section 21080 .17 of the Public Resources Code; and
WHEREAS , the Planning Commission conducted a duly-noticed public hearing
on February 28, 2017 , pursuant to Title 9, Land Use Code , Section 9-2.302(g) to
consider public testimony on the proposed project, considered all relevant public
comments, and recommended that the City Council adopt Land Use Code Amendment
17-001.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Sect io n 1. Findings.
The City Council here incorporates and adopts the foregoing recitals and
accompanying staff report as findings ~s though they were fully set forth herein.
Sect ion 2 . Compliance with the California Environmental Quality Act.
Based upon all the evidence presented in the administrative record, including but
not limited to the staff report for the proposed Zoning Amendment, the City Council hereby
finds and determines that the proposed Zoning Amendment is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
21080 .17 of the Public Resources Code . The proposed ordinance relates to accessory
dwelling units and implements the requirements of Government Code Section 65852.2 .
CEQA does not apply to the adoption of an ordinance by a city to implement the provisions
of Government Code Section 65852 .2.
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Section 3. With regard to Code Amendment No. 17-001, the City Council finds
as follows :
1. The proposed Zoning Amendment conforms with the goals and policies of
the General Plan because it provides for the fulfilment of the General
Plan's goals and policies, including:
A. Land Use Goal 7, which provides, "Enhance and maintain the
character of neighborhoods," and Land Use Policy 7.2, which
provides, "Ensure that new development is compatible with the
physical characteristics of its site, surrounding land uses, and
available public infrastructure." The proposed ordinance continues
to only allow one ADU to be constructed on a parcel with an
existing single family residential unit to ensure that single family
residential zoning districts maintain a character of lower density.
The proposed ordinance requires the development of the ADU to
adhere to the base district's zoning regulations, including height,
setbacks, and lot coverage to maintain the base district's
characteristics .
B. A "key opportunity" listed in the Housing Element is that the City
has the "potential to better utilize the City's available land, both
vacant and already developed" as a housing strategy. Here, the
proposed ordinance allows property owners to apply to the City in
order to build an ADU on existing, developed parcels . The
proposed ordinance allows property owners to rent out the principal
dwelling or the ADU for long-term renters, which provides more
affordable housing to residents.
C. Program 8, "Accessory Units" of the Housing Element provides that
the City has an objective to "apply zoning code provisions that allow
accessory units ... by right in all single family residential zones, in
accordance with state law." The proposed ordinance continues to
allow accessory dwelling units in all single family residential zones.
D. Program 13 .. "Other Potential Constraints-Land Use Controls,
Fees, and Exactions, Permit Streamlining and Parking" of the
Housing Element provides that the City has an objective to "engage
in a program to improve the efficiency of the development review
process." Here, pursuant to State law, the proposed ordinance
codifies a ministerial process to review ADU applications. In some
instances, an ADU only requires a building permit prior to
construction . The proposed ordinance expressly provides that the
City will render a decision on an ADU application within 120 days of
receiving a complete application. Moreover, the Program 13
Housing Element objective provides that the City will "continue to
monitor its parking standards to insure that they do not constrain
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the supply of affordable housing and its land use controls
(especially impact development standards)." Here, in compliance
with State law, certain ADUs do not need to provide additional off-
street parking.
E. Housing Element Goal 1 states, "provide a broad range of housing
opportunities with emphasis on providing housing which meets the
special needs of the community." Policy 1.1 provides, "consistent
with the Land Use Element, provide a range of different housing
types and unit sizes for varying income ranges and lifestyles."
Policy 1.4 provides, "facilitate the development of second dwelling
units on single-family parcels." The proposed ordinance allows
ADUs to be built on parcels with existing single family units. Such
ADUs are typically smaller than the principal dwelling (150 square
feet to up to 1 ,200 square feet), ·and may be leased for long-term
rentals. As such, the development of ADUs may provide a different
housing type and unit size in the City.
F. Housing Element Goal 2 provides, "to the maximum extent feasible,
encourage and provide housing opportunities for persons of lower
and moderate incomes." As note, ADUs are typically smaller than
the principal dwelling (150 square feet to up to 1,200 square feet),
and may be leased for long-term rentals. As such, the
development of ADUs, which may be leased, may provide housing
opportunities for persons of lower and moderate incomes.
G. Housing Goal 3 provides, "reduce or removal governmental
constraints to the development, improvement, and maintenance of
housing where feasible and legally permissible." Policy 3.1
provides, "periodically review City regulations, ordinances,
permitting processes, and residential fees to ensure that they do
not constrain housing development and are consistent with State
law ." Here , pursuant to State law, the proposed ordinance codifies
a ministerial process to review ADU applications. In some
instances, an ADU only requires a building permit prior to
construction. The proposed ordinance expressly provides that the
City will render a decision on an ADU application within 120 days of
receiving a complete application.
H. Circulation Goal 2 provides, "promote an advanced public
transportation network." Policy 2.1 provides, "encourage the
increased use and expansion of public transportation
opportunities." The proposed ordinance provides that among other
things, when an ADU is developed within a half-mile of public
transit, ADUs are not required to provide off-street parking. This
requirement complies with State law and encourages ADU
residents to use public transportation.
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I. Safety Goal 1 provides, "reduce the risk to the community from
hazards related to geologic conditions, seismic activity, wildfires,
structural fires and flooding." Moreover, Safety Goal 4 provides,
"Improve the ability of the City to respond effectively to natural and
human-caused emergencies." Because of the City's unique,
physical location in a moderate, high, or very high fire hazard
severity zone, flood zone, or in the San Onofre Nuclear Generating
Station's 1 0-mile Emergency Planning Zone, the proposed
ordinance maintains that ADUs may not provide off-street parking
as tandem parking spaces.
J. Noise Goal 1 provides, "minimize the effects of noise through
proper land use planning." The proposed ordinance provides that
ADUs must adhere to, among other things, the setback
requirements in the base zoning district. Such land use regulation
will help ensure that noise traveling from one parcel to another,
which results from increased development, are minimized.
2 . The proposed Land Use Code Amendment is necessary to implement the
General Plan because the proposed amendment achieves the goals and
policies of the General Plan for the reasons listed above. Moreover, the
proposed Land Use Amendment provides for the public safety,
convenience, and general welfare because, among other things, it will
provide additional housing options for different types of people and income
levels, and it will help increase the City's housing stock. Because of the
City's unique regional, topographical features, as described in the recitals,
the proposed ordinance continues to prohibit AD Us from providing tandem
parking for off-street parking, except in certain circumstances.
3. The proposed Land Use Code Amendment conforms with the intent of the
Development Code and is consistent with other applicable related
provisions thereof because it provides, generally, that ADUs must
continue to adhere to the base zoning district's land use standards
including lot coverage, setbacks, and height restrictions. The proposed
ordinance provides that new ADUs must provide additional off-street
parking, unless statutorily exempt. It also provides that the design,
materials, and overall AOU must be generally be consistent with the
principal unit so that the ADU blends into the neighborhood. Further, it
codifies the application review process and timeline that the City has
already been using.
4 . The proposed Land Use Code Amendment is reasonable and beneficial at
this time because AB 2299-relating to ADUs-became effective on
January 1, 2017, and supersedes the City's current ADU ordinance . As
such, it is reasonable and beneficial for the City to adopt the proposed
ordinance at this time in order to comply with State law.
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Section 4 . Subsection (c) of Section 9-3 .501 of Chapter 3 of Article 5 of Title 9
of the San Juan Capistrano Municipal Code is hereby amended in its entirety and
restated to read as provided in the attached Exhibit "A", which is incorporated herein by
reference.
Section 5. The definition of "Accessory use" is hereby amended in its entirety
Appendix A, "Definitions" of Title 9 of the San Juan Capistrano Municipal Code to read
as follows:
"Accessory use: A use customarily incidental to the primary use or
approved conditional use on the same building site or lot, such as a
permanent caretaker residence, accessory dwelling unit, and home
business."
Section 6. The definition of "Second dwelling unit" is hereby amended in its
entirety in Appendix A, "Definitions" of Title 9 of the San Juan Capistrano Municipal
Code to read as follows:
"Accessory dwelling unit: A residential dwelling unit that is detached
from, attached to, or located within the living area of an existing
primary dwelling unit, and that provides independent living facilities,
includrng permanent provisions for living, sleeping, eating, cooking,
and sanitation , for one or more persons. An accessory dwelling unit
also includes an efficiency unit, as defined in California Health and
Safety Code section 17958.1, and a manufactured home, as
defined in California Health and Safety Code section 18007 ."
Sect ion 7 . The definition of "Single housekeeping unit" is hereby added to
Appendix A, "Definitions" of Title 9 of the San Juan Capistrano Municipal Code to read
as follows:
"Single housekeeping unit means that the residents of a dwelling
unit satisfy each of the following criteria:
1. The persons residing in the single housekeeping unit have
established ties and familiarity and interact with each other.
2 . Membership in the single housekeeping unit is fairly stable
as opposed to transient or temporary .
3. The persons residing in the single housekeeping unit meals,
household activities, expenses, and responsibilities .
4 . All adult residents have chosen tojointly occupy the entire
premises of the dwelling unit; and they each have access to
all common areas .
5. If the dwelling unit is rented, each adult resident is named on
and is a party to a single written lease that gives each
resident joint use and responsibility for the premises.
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6. Membership of the household is determined by the residents
of the unit, not by a landlord, property manager, or other
third party .
7 . The residential activities of the household are conducted on
a nonprofit basis.
8 . Residents do not have separate entrances or separate food-
storage facilities , such as separate refrigerators, food-prep
areas, or equipment."
Section 8. Severability. If any part of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision has no effect on the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have adopted each part of this ordinance,
irrespective of the fact that any other part or parts thereof might be declared invalid or
unconstitutional.
Section 9. The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published once within 15 days of adoption in a
newspaper of general circulation printed and published within the City of San Juan
Capistrano, and shall post a certified copy of this Ordinance, including the vote for and
against the same , in the Office of the City Clerk in accordance with Government Code
§ 36933.
Section 10 . Custodian of Records. The documents and materials associated
with this Ordinance that constitute the record of proceedings on which the City Council's
findings and determinations are based are located at San Juan Capistrano City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California 92675 . The City Clerk is the
custodian of the record of proceedings.
Section 11. Notice of Exemption . The City Council hereby directs City staff to
prepare and file a Notice of Exemption with the County of Orange, County Clerk within
five working days of the adoption of this Ordinance.
APPROVED AND ADOPTED this 181h day of April2017 .
01046
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 1046 that was adopted and
passed at the Regular Meeting of the City Council on the 18th day of April 2017, by the following
vote , t"it:
AYE S: 0 1 NCIL MEMBERS :
NOES : I NCIL MEMBERS:
COUNTY OF ORANGE
Maryott, Reeve , And Farias
Patterson and Mayor Ferguson
No,ne
) 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 20th day of April, I caused to be posted a certified copy of Ordinance No. 1046, adopted
by the City Council on April 18, 2017, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA , AMENDING
SECTION 9-3.501 AND APPENDIX A OF TITLE 9 OF THE
SAN JUAN CAPIST MUNICIPAL CODE REGARDING
ACCESSORY DWEL I S
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EXHIBIT "A"
Sec. 9-3.501. Accessory uses and structures.
(a) General requirements . Accessory uses and structures may be developed as
permitted in this section provided such uses are located on the same lot or parcel
of land as the principal use, and such uses are incidental to, and do not alter, the
use of land as permitted within the specific district in which they are located .
(b) Accessory structures .
(1) Attached accessory -structures. A fully-enclosed, attached accessory
structure shall be made structurally a part of the main building and shall
comply in all respects with the requirements of this chapter applicable to
the principal structure. Open patio covers shall be regulated by subsection
(d) of this section. Decks shall be regulated by subsection (f) of this
section.
(2) Detached accessory structures. Detached accessory structures shall
satisfy all of the following requirements:
(A) Shall not exceed the height of the principal structure on the building
site;
(B) Shall conform to the front and side yard requirements of the
applicable district;
(C) Shall maintain a minimum separation of six (6) feet between the
detached accessory structure and the main building; and
(D) If less than 450 square feet in gross floor area, the structure shall
be located a minimum distance from the parcel's rear property line
equal to the height of the structure. However, if the structure is 450
square feet or more in gross floor area, the structure shall conform
to the same rear yard setback requirement as required for main
buildings in the applicable district.
(E) For detached fireplaces and landscape structures with a height less
than six (6) feet, they shall maintain the minimum side yard setback
for the district, and maintain a minimum five (5) foot rear yard
setback . If the height is greater than six (6) feet, said structures
shall comply with subsection (D) above.
(F) Recreational play structures including swings, playgrounds, etc.,
shall maintain the same side yard setback for the district, with a
minimum five (5) foot rear yard setback.
(c) Accessory dwelling units.
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(1) Purpose. The purpose of this subsection is to provide for the creation of
one new accessory dwelling unit consistent with the General Plan , on lots
intended for or already containing a legally-created single-family detached
unit in all residential districts where permitted. Said units shall be exempt
from the calculation of General Plan density.
(2) Types of accessory dwelling units. For purposes of this subparagraph (c),
there are two types of accessory dwelling units:
(A) Standard accessory dwelling units.
(i) A standard accessory dwelling unit is a unit that is detached
from or attached to a principal dwelling, or is contained
within the principal dwelling but does not meet the criteria in
subparagraph (2)(B)(i) for "integrated accessory dwelling
units".
(ii) Standard accessory dwelling units must receive the
approvals required by subparagraph (3)(A)(i) and meet the
standards of subparagraph (4).
(B) Integrated accessory dwelling units.
(i) An integrated accessory dwelling unit is a unit that:
a. is on lot is zoned for single-family residential, which
contains or, if constructed concurrently with the
accessory dwelling unit, will contain one legally
established single-family dwelling unit;
b. is contained within the principal dwelling or contained
within a legally established accessory structure ;
c. has independent exterior access form the primary
residence ; and
d . has side and rear setbacks sufficient for fire safety.
(ii) Integrated accessory dwelling units must receive the
approvals required by subparagraph (3)(A)(ii) and meet the
standards of subparagraph (5).
(3) Approval procedures.
(A) Approvals required.
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(i) Approvals for standard accessory dwelling units . To
construct a standard accessory dwelling unit, as described in
subparagraph (2)(A), the property owner must:
a. Obtain approval from the Director of Development
Services , which the Director shall grant within 120
days of receiving the complete application if the
proposed standard accessory dwelling unit conforms
to the standards in subparagraph (4);
b. Record a deed restriction under subparagraph (3)(B);
and
c. Obtain a building permit as required by the Building
Code, as adopted and amended by Title 8, Chapter 2.
(ii) Approvals for integrated accessory dwelling units. To
construct an integrated accessory dwelling unit, as described
in subparagraph (2)(B), the property owner must:
a . Record a deed restriction under subparagraph (3)(B);
and
b. Obtain a building permit as required by the Building
Code, as adopted and amended by Title 8, Chapter 2 .
(B) Deed restriction .
(i) Prior to issuance of a building permit for an accessory
dwelling unit, a deed restriction shall be recorded against the
title of the property in the County Recorder's office and a
copy filed with the Department of Development Services.
(ii) The deed restriction shall provide that the accessory
dwelling unit shall not be sold separately from the primary
residence, the unit is restricted to the approved size and
attributes of this Section , and the deed restriction runs with
the land and may be enforced against future purchasers by
the City .
(i ii) Failure of the property owner to comply with the deed
restrictions may result in legal action against the property
owner, and the City shall be authorized to obtain any remedy
available to it at law or equity, including but not limited to
obtaining an injunction enjoining use of the accessory
dwelling unit in violation of the recorded restrictions or
abatement of the illegal unit.
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(C) Effect of conformance. An accessory dwelling unit that conforms to
this section shall:
(i) be deemed an accessory use or an accessory building;
(ii) be deemed a residential use that is consistent with the
General Plan and the zoning designations for the lot;
(iii) not be considered to exceed the allowable density for the lot
on which it is located;
(iv) not be considered in the application of any ordinance, policy,
or program to limit residential growth.
(4) Standards for standard accessory dwelling units. Standard accessory
dwelling units, as described in subparagraph (2)(A), must meet the
following:
(A) Units per lot. A maximum of one accessory dwelling unit may be
permitted per lot.
(B) Lot development. The lot containing the accessory dwelling unit
must contain no more than one legally established single-family
detached dwelling unit. An accessory dwelling unit may be
constructed concurrently with one legally established single-family
detached dwelling.
(C) Development standards . Accessory dwelling units shall conform to
the development standards for the zoning district in which they are
located, including, but not limited to, setbacks, height, lot coverage,
and minimum open area.
(D) Unit size. Accessory dwelling units shall be no less than 300 square
foot in gross floor area for all residential districts, unless it is an
efficiency unit, as defined by statute in Health and Safety Code
section 17958.1. The cumulative building square footage for the
property, which includes the primary dwelling and the accessory
dwelling unit, shall not exceed the maximum floor area ratio for the
applicable district.
(i) Accessory dwelling units attached to a single-family dwelling
unit shall be no more than 50 percent of the existing living
area of the existing single-family detached dwelling unit, with
a maximum increase of 1,000 square feet in gross floor area .
"Living area" means the interior habitable area of a dwelling
unit including basements and attics but excludes any garage
or any accessory structure located on the same lot.
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(ii) Accessory dwelling units detached from a single-family
detached dwelling unit shall be no more than 1,000 square
feet in gross floor area, except in the Residential/Agriculture
(RA) District, where the maximum gross floor area shall not
exceed 1,200 square feet of gross floor area , provided the
cumulative building square footage for the property does not
exceed the maximum floor area ratio for the applicable
district.
(iii) No passageway shall be required during construction of an
accessory dwelling unit. "Passageway" means a pathway
that is unobstructed clear to the sky and extends from street
to one entrance of the accessory dwelling unit.
(E) Parking.
(i) Except as provided in subparagraph (E)(ii), parking shall be
provided as follows:
a. For accessory dwelling units that are studios, one off-
street parking space shall be provided.
b . For accessory dwelling units with one or more
bedroom(s), one off-street parking space shall be
provided per bedroom.
c. Parking spaces shall be constructed on the same lot
as the accessory dwelling unit in accordance with the
standards set forth in Section 9-3.535, and parking for
accessory dwelling units shall be in addition to those
required for the principal unit. Parking spaces for
principal and accessory dwelling units shall be
independently usable, and the use of each space
shall not interfere with access to any other space,
except as provided in subparagraph (F)(ii) for garage
conversions.
(ii) No parking space shall be required for an accessory dwelling
unit if it can be demonstrated that any of the following criteria
can be met:
a . the accessory dwelling unit is within a half-mile of
public transit, including, without limitation, a bus stop,
train station, or paratransit stop, as designated by a
public agency;
b . the accessory dwelling unit is in an architecturally and
historically significant district including the Low
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Density Residential and Historic Residential districts
identified in the Los Rios Specific Plan, as well as the
MRD-4000 Residential Zoning District;
c. the accessory dwelling unit is contained within in the
single-family dwelling unit;
d. when an on-street parking permit is required but not
offered to the occupant of the accessory dwelling unit;
or
e. when there is a car-sharing stop, as designated by a
public agency, located within one block of the
accessory dwelling unit.
(F) Garage Conversions .
(i) When off-street parking, as required by this Code and
located in a garage, carport, or covered parking structure, is
demolished in conjunction with the construction of an
accessory dwelling unit, the required off-street parking
spaces must be replaced on the same lot where the
accessory dwelling unit is located.
(ii) Except as provided in subparagraph (F)(iii), the replacement
parking spaces may be located in any configuration on the
same lot including, but not limited to covered, uncovered
spaces, or tandem parking
(iii) For accessory dwelling units described in subparagraph
(E)(ii), the City may require replacement parking to be
located in a garage, as required by Section 9-3.535.
(G) Appearance. The design, building, and roofing materials, colors,
and overall appearance of the accessory dwelling unit shall be
generally consistent with the principal unit.
(H) Ownership. Accessory dwelling units shall remain under the same
ownership as that of the principal dwelling and shall not be sold or
owned separately from the principal dwelling.
(I) Occupancy. The property owner shall occupy either the principal
dwelling or accessory dwelling unit.
(J) Rentals. Accessory dwelling units may be rented, but shall not be
used as a boarding or rooming house, as defined in Title 9,
Appendix A.
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(K) Sprinklers. An accessory dwelling unit is required to have fire
sprinklers if the principal dwelling is also required to have fire
sprinklers.
(L) Building Code Requirements. An accessory dwelling unit shall
meet the requirements of the Building Code, as adopted and
amended by Title 8, Chapter 2.
(5) Standards integrated accessory dwelling units . Integrated accessory
dwelling units described in subparagraph (2)(B) must meet the following:
(A) Units per lot. A maximum of one accessory dwelling unit may be
created per lot.
(B) Lot development. The lot containing the accessory dwelling unit
must contain only one legally established single-family dwelling
unit. An accessory dwelling unit may be constructed concurrently
with one legally established single-family detached dwelling.
(C) Ownership. Accessory dwelling units shall remain under the same
ownership as that of the principal dwelling and shall not be sold or
owned separately from the principal dwelling.
(D) Occupancy. The property owner shall occupy either the principal
dwelling or accessory dwelling unit.
(E) Rentals. Accessory dwelling units may be rented , but shall not be
used as a boarding or rooming house, as defined in Title 9,
Appendix A.
(F) Sprinklers. An accessory dwelling unit is required to have fire
sprinklers if the principal dwelling is also required to have fire
sprinklers.
(G) Building Code Requirements. An accessory dwelling unit shall
meet the requirements of the Building Code , as adopted and
amended by Title 8, Chapter 2.
(d) Patio covers. Patio covers may be erected as accessory structures in conjunction
with the principal use on the building site subject to the following requirements:
(1) A wholly enclosed covered patio shall maintain the same yard
requirements as set forth for the main structure.
(2) An open patio cover may be erected within the required rear yard to a
minimum of five (5) feet from the rear property line. Such structure shall
maintain the same front and side yards as required for the principal
structure on the building site.
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J ,.
(3) Patio covers located within the Planned Community (PC) District, Multiple
Family (RM) District, or Affordable Family/Senior Housing (AF/SH) District
where individual lots for each residential units are not created shall be
permitted only upon the approval of a site plan and building designs by the
Planning Commission. Issuance of building permits shall be approved
upon a finding of consistency with the Planning Commission approved
plans .
(e) Tennis courts . The tennis courts permitted in the Agri-Business (A),
Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000
(RSE-40,000), Single-Family-20,000 (RSE-20,000), Single-Family-1 0,000 (RS-
1 0,000), Single-Family-7,000 (RS-7,000), and Single-Family-4,000 (RS-4,000)
districts shall conform to the following development standards:
(1) Location. No tennis court shall be permitted to encroach into the rear,
side, or front yard setback . In addition, tennis courts shall be located no
closer than forty (40) feet from any dwelling on an adjacent lot.
(2) Grading : The total depth of fill area shall not exceed four (4) feet in height.
The use of retaining walls to support this fill is prohibited . The total depth
of cut area shall not exceed twelve (12) feet in height, provided the cut
slope or retaining wall is not visible from adjoining properties. Tennis
courts shall not be located on areas where the natural slope is in excess
of twenty-five (25) percent.
(3) Fences. The fencing around tennis courts shall not exceed twelve (12)
feet in height and shall be screened, unless otherwise approved by the
Environmental Administrator .
(4) Lighting . The maximum height for tennis court lighting (fixture and pole)
shall not exceed eighteen (18) feet. All such lights shall be shielded so as
to confine all direct rays to the subject property and minimize spillover
outside of the tennis court area .
(5) Required review. All tennis courts not requiring a conditional use permit
shall be reviewed by the Environmental Administrator to determine
compliance with the standards set forth in this subsection and to set
conditions to minimize adverse impacts of tennis courts on nearby
properties. Such conditions of approval may include such items as
screening and landscaping.
(f) Decks. For purposes of this subsection, "decks" shall mean any platform
construction more than thirty (30) inches above finished grade. Decks may be
erected as accessory structures in conjunction with the principal use on the
building site subject to the following requirements :
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(1) Attached decks .
(A) Setbacks:
(i) Front yard setback . Attached decks shall conform to the front
yard requirements of the applicable district.
(ii) Side yard setback. If an attached deck is 450 square feet or
more in gross floor area, the deck shall conform with the side
yard requirement of the applicable district. If the attached
deck is less than 450 square feet in gross floor area, the
deck may extend into a side yard not more than forty (40)
percent of the applicable district requirement or three (3)
feet, whichever is greater.
(iii) Rear yard setback. If an attached deck is less than 450
square feet in gross floor area, the deck may be located a
minimum distance from the rear property line equal to the
height of the structure from finish grade or a minimum of five
(5) feet, whichever is greater. However, if the deck is 450
square feet or more in gross floor area, the deck shall
conform to the same rear yard setback requirement as
required for the principal structure in the applicable district.
(B) Attached decks over six (6) feet in height measured from finished
grade shall not exceed forty (40) percent of the total length of the
main building elevation to which it is attached.
(2) Detached decks. Detached decks shall comply with the requirements for
detached accessory structures in subsection (b)(2) of this section .
(g) Additional development standards for accessory structures in residential districts.
Accessory structures located in the Hillside Residential (HR), Single-Family-
40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Single-Family-1 0,000
(RS-1 0,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000),
Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000),
Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), and Planning
Community (PC) districts shall be subject to the development standards for that
district , as well as the following requirements:
(1) Exterior sides which are to enclose the structure shall be finished with
wood, stucco, masonry, or other material of similar texture and durability.
(2) The roof material shall be wood shingle or shake, slate, tile, asphalt
shingle, or other material of similar appearance, texture, substance, and
durability.
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(3) Roof eaves and gables shall be no less than twelve (12) inches, measured
from the vertical side of the unit, unless otherwise approved by the
Planning Director or, upon referral, the Planning Commission.
(4) Exterior finish colors for accessory structures shall be the same as the
principal structure.
(5) Prohibited materials. The following building materials shall not be used in
the construction and finish of an accessory structure:
(A) Exterior sides of accessory structures shall not use metal siding
and/or exposed metal supports, cloth, canvas, plastic sheeting,
corrugated fiberglass, or corrugated metal.
(B) Roofs of accessory structures shall not use cloth, canvas, plastic
sheeting, corrugated fiberglass, or corrugated metal.
(C) The use of the above finish materials may be used upon review by
the Planning Director and confirmation by the Planning Commission
if it is determined that the material will have a finish appearance of
either wood, stucco or masonry, or is used in such a manner that it
is not visible from any off-site properties.
(D) Accessory structures listed on the inventory of historic and cultural
landmarks and/or located in designated historic districts. Existing
accessory structures located in a designated historic district or
listed on the City's inventory of historic and cultural landmarks shall
be subject to all provisions of this section with the exception of
prohibited building materials where said material is used as a finish
material on an existing structure.
(h) Exempted structures. An "exempted structure" shall be subject to the following
requirements:
(1) Prefabricated sheds. Prefabricated sheds with a projected roof area of one
hundred twenty (120) square feet or less are exempt from the provisions
of this section.
(2) Awnings. Awnings that use prohibited materials shall be permitted if they
meet the following provisions:
(A) In all residential districts where the awning is structurally _attached
to the principal permitted structure and does not extend more than
fifty-four (54) inches from the wall surface to which it is attached.
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(B) In all nonresidential districts where the awning is structurally
attached to the principal permitted structure shall be subject to
review and approval by the Planning Commission and/or Planning
Director per applicable provisions of this title.
(i) Accessory structures with prohibited materials. Any existing legal nonconforming
accessory structure with prohibited materials shall be subject to Section 9-3.533
Nonconforming uses , Lots, and Structures .
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