CC 2024-12-10_09h Ordinance Amending ADUsItem 9.h.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development
BY: Andrew Perez, Planning Manager
SUBJECT: Adoption of an Ordinance Amending Title 16 of the Arroyo Grande
Municipal Code Regarding Accessory Dwelling Units
DATE: December 10, 2024
RECOMMENDATION:
1) Adopt the Ordinance amending Section 16.52.150 of the Arroyo Grande Municipal
Code; and
2) Find that this action is statutorily exempt from review under the California
Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
In 2024, the Legislature approved two new bills — AB 2533 and SB 1211 — that amend
state Accessory Dwelling Unit (ADU) law. These bills become effective on January 1,
2025. AB 2533 amends State law regarding legalizing unpermitted ADUs and JADUs. SB
1211 expands the number of ADUs allowed on prop erties developed with multi-family
residential units, defines terms that were previously undefined by State law, and clarifies
that uncovered parking does not need to be replaced when it is demolished to
accommodate an ADU. The Ordinance also would amend the maximum height limit to
allow ADUs above detached garages as a voluntary measure to encourage ADU
development.
The Planning Commission reviewed the Ordinance at its meeting on October 29, 20241
and adopted a Resolution recommending that City Council adopt the Ordinance as
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Item 9.h.
City Council
Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Accessory Dwelling Units
December 10, 2024
Page 2
proposed. At a public hearing on November 12, 20242, the City Council introduced the
Ordinance as proposed.
ANALYSIS OF ISSUES:
The Ordinance amendments are now ready for adoption. The Ordinance amendments
will become effective thirty (30) days after adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed; or
2. Modify the Ordinance amendments and direct staff to return at a future public
hearing to introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
Adopting the Ordinance amendments will bring the City’s ADU Ordinance in compliance
with State law.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
Under California Public Resources Code section 21080.17, CEQA does not apply to the
adoption of an ordinance by a city or county implementing the provisions of Article 2 of
Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s A DU law
and which also regulates JADUs, as defined by section 66313. Therefore, the adoption
of the proposed Ordinance is statutorily exempt from CEQA in that it implements state
ADU law.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Ordinance
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ATTACHMENT 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND FINDING THE
ACTION TO BE STATUTORILY EXEMPT FROM CEQA
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordi nance to
provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the
Governor has signed into law, a number of bills that, among other things, amend various
sections of the Government Code to impose new limits on local authority to regulate ADUs
and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed
into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further
amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the
City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of
AB 2533 and SB 1211; and
WHEREAS, in order to stay abreast of recent changes to a number of these federal
and state laws, it is necessary to adopt amendments to the Arroyo Grande Municipal
Code; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state
law; and
WHEREAS, on October 29, 2024, the Planning Commission held a duly-noticed
public hearing to consider the attached Ordinance; and
WHEREAS, on November 12, 2024, the City Council conducted a duly noticed
public hearing to consider the ordinance, including: (1) the public testimony and agenda
reports prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly
scheduled public meeting on November 12, 2024 introduced this Ordinance to replace
Section 16.52.150 of Title 16 of the Arroyo Grande Municipal Code relating to accessory
dwelling units; and
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WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The recitals above are each incorporated by reference
and adopted as findings by the City Council.
SECTION 2. CEQA. 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 Article 2 of Chapter 13 of
Division 1 of Title 7 of the California Government Code, which is California’s ADU law and
which also regulates JADUs, as defined by section 66313. Therefore, adoption of the
Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the
Ordinance is consistent with the General Plan as a matter of law under Government Code
section 66314(c).
SECTION 4. Code Amendment. Section 16.52.150 of the Arroyo Grande
Municipal Code is hereby amended and restated to read in its entirety a s provided in
Exhibit “A-1,” attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code section 66326,
the City Clerk is directed to submit a copy of this Ordinance to the California Department
of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this
Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is
the City Clerk and the records comprising the administrative record are located at 300 E.
Branch Street, Arroyo Grande, California 93420.
SECTION 9. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid by a court of competent jurisdiction, such
invalidity has no effect on the other provisions or applications of the Ordinance that can
be given effect without the invalid provision or application, and to this extent, the
provisions of this Ordinance are severable. The City Council declares that it would have
adopted this Ordinance irrespective of the invalidity of any portion thereof.
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On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2024.
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___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
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EXHIBIT A-1
Section 16.52.150 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 Chapter 13 of
Division 1 of Title 7 of the California Government Code.
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.8 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 a ttached 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 all of the following:
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a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable
size in relation to the size of the JADU.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single -
family structure.
c. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains
an interior entrance to the main living area of the existing or proposed
single-family structure in addition to an exterior entrance that is separate
from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4 above.
6. “Livable space” means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
7. “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.
8. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
9. “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
10. “Proposed dwelling” means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
11. “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.
12. “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.
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D. 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: One ADU as described in this
subsection D.1.a and one JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or
(in the case of an ADU only) 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; and
ii. Has exterior access that is independent of that for the single -
family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code
sections 66333 through 66339.
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
each of 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 does not exceed the applicable
height limit in subsection E.2 below.
c. Converted on Multifamily Lot: One or more 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. Under this
subsection D.1.c, at least one converted ADU is allowed within an
existing multifamily dwelling, up to a quantity equal to 25 percent of the
existing multifamily dwelling units.
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d. Limited Detached on Multifamily Lot: No more than two detached
ADUs on a lot with a proposed multifamily dwelling, or up to eight
detached ADUs on a lot with an existing multifamily dwelling, if each
detached ADU satisfies all of the following:
i. The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback of
less than four feet, the city will not require any modification to the
multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable
height limit provided in subsection E.2 below.
iii. If the lot has an existing multifamily dwelling, the quantity of
detached ADUs does not exceed the number of primary dwelling
units on the lot.
2. ADU Permit.
a. Except as allowed under subsection D.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.
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 ADU
ordinance. The ADU-permit processing fee is determined by the most
recent fee schedule approved by city council resolution.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU
within 60 days from the date that the city receives a completed
application. If the city has not approved or denied the completed
application within 60 days, the application is deemed approved 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. When an application to create an ADU or JADU is submitted with
a permit application to create a new single-family or multifamily
dwelling on the lot, the city may delay acting on the permit
application for the ADU or JADU until the city acts on the permit
application to create the new single-family or multifamily dwelling,
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but the application to create the ADU or JADU will still be
considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must
provide the applicant with comments that include, among other things, a
list of all the defective or deficient items and a description of how the
application may be remedied by the applicant. Notice of the denial and
corresponding comments must be provided to the applicant within the
60-day time period established by subsection D.3.b above.
d. A demolition permit for a detached garage that is to be replaced with an
ADU is reviewed with the application for the ADU and issued at the same
time.
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 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 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.
c. In accordance with Government Code section 66333(a), a JADU may
only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c below, a
detached ADU created on a lot with an existing or proposed single family
or multifamily dwelling unit may not exceed 18 feet in height.
b. A detached ADU created on a lot with an existing or proposed single
family or multifamily dwelling unit that is located within one-half mile
walking distance of a major transit stop or high quality transit corridor,
as those terms are defined in Section 21155 of the Public Resources
Code, may be up to two additional feet in height (for a maximum of 20
feet) if necessary to accommodate a roof pitch on the ADU that is
aligned with the roof pitch of the primary dwelling unit.
c. An ADU that is located as a second story above an existing or proposed
detached garage may be up to 25 feet in height.
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d. An ADU that is attached to the primary dwelling may not exceed 25 feet
in height. Notwithstanding the foregoing, ADUs subject to this
subsection E.2.d may not exceed two stories.
e. For purposes of this subsection E.2, height is determined by measuring
the vertical distance from the average finished grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof, or to the
highest point of the highest gable of a pitch or hip roof, but exclusive of
vents, air conditioners, chimneys, or other such incide ntal
appurtenances.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
b. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than
30 days. This prohibition applies regardless of when the ADU or JADU was
created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as
otherwise provided in Government Code section 66341, 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 multifamily lot).
6. Septic System. If the ADU or JADU will connect to an onsite wastewater -
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.
7. Owner Occupancy.
a. ADUs created under this section on or after January 1, 2020 are not
subject to an owner-occupancy requirement.
b. As required by state law, 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 in this subsection E.7.b does not apply if
the property is entirely owned by another governmental agency, land
trust, or housing organization.
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8. Deed Restriction. Prior to issuance of a certificate of occupancy 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 Community Development
Department. The deed restriction must run with the land and bind all future
owners. The form of the deed restriction will be provided by the city and must
provide that:
a. Except as otherwise provided in Government Code section 66341, 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 Community Development Director, providing evidence that the
ADU or JADU has in fact been eliminated. The Community Development
Director may then determine whether the evidence supports the claim
that the ADU or JADU has been eliminated. Appeal may be taken from
the Community Development 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.
e. The deed restriction is enforceable by the Community Development
Director 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.
9. Building & Safety.
a. Must comply with building code. Subject to subsection E.9.b below,
all ADUs and JADUs must comply with all local building code
requirements.
b. No change of occupancy. Construction of an ADU does not constitute
a Group R occupancy change under the local building code, as
described in Section 310 of the California Building Code, unless the
building official, in consultation with the Community Development
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Director, makes a written finding based on substanti al evidence in the
record that the construction of the ADU could have a specific, adverse
impact on public health and safety. Nothing in this subsection E.9.b
prevents the city from changing the occupancy code of a space that was
uninhabitable space or that was only permitted for nonresidential use
and was subsequently converted for residential use in accordance with
this section.
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 1,200 square feet.
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, might
further limit the size of the ADU, but no application of the percent -based
size limit in subsection F.1.b above or front setback may require the ADU
to be less than 800 square feet.
2. Setbacks.
a. ADUs that are subject to this subsection F must conform to 4-foot side
and rear setbacks. ADUs that are subject to this subsection F must
conform to 20-foot front setbacks, subject to subsection F.1.c above.
b. No setback is required for an ADU that is subject to this subsection F if
the ADU is constructed in the same location and to the same dimensions
as an existing structure.
3. Passageway. No passageway, as defined by subsection C.9 above, is
required for an ADU.
4. 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.12 above.
i. Parking may be located on an existing driveway but shall not
block sidewalk access or encroach into the public right-of-way.
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ii. Parking spaces located wholly or partially within a side yard must
have a minimum clear space width of ten (10) feet. Vehicles shall
not block exterior windows or doors of a dwelling or access to
utility boxes or meters.
iii. Vehicles must be parked on a concrete, asphalt, gravel, brick, or
permeable paver surface.
iv. No more than fifty (50) percent of a front yard shall be dedicated
to vehicle parking.
b. Exceptions. No parking under subsection F.4.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.11 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 above.
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.
vi. When the permit application to create an ADU is submitted with
an application to create a new single-family or new multifamily
dwelling on the same lot, provided that the ADU or the lot satisfies
any other criteria listed in subsections F.4.b.i through v above.
c. No Replacement. When a garage, carport, covered parking structure, or
uncovered parking space is demolished in conjunction with the
construction of an ADU or converted to an ADU, those off -street parking
spaces are not required to be replaced.
5. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and
doors must match the appearance and architectural design of those of
the primary dwelling. Projects utilizing the City’s pre-designed ADU
plans or factory building housing are not subject to this standard.
b. The exterior lighting must be limited to down lights or as otherwise
required by the building or fire code.
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c. When a garage is converted to an ADU, the garage door opening shall
be replaced with exterior wall coverings, or residential windo ws and
doors, to match the existing exterior garage wall covering and detailing.
d. The ADU must have an independent exterior entrance, apart from that
of the primary dwelling.
e. Windows and doors of the ADU may not have a direct line of sight to an
adjoining residential property. Fencing, landscaping, or privacy glass
may be used to provide screening and prevent a direct line of sight.
f. Second floor living area shall be setback five feet from the ground floor
footprint.
g. Window sashes and doorframes shall be made of wood or vinyl.
Unfinished aluminum is not allowed.
h. The use of fluorescent "neon", "day-glo", or bright primary colors as the
predominant shade on building facades is not permitted. For purposes
of this standard, predominant means that the color is used on more than
fifty percent (50%) of the wall area.
i. All windows and doors in an ADU are less than 30 feet from a property
line that is not a public right-of-way line must either be (for windows)
clerestory with the bottom of the glass at least six feet above the finished
floor, or (for windows and for doors) utilize frosted or obscure glass.
j. Rooftop decks are prohibited on all detached ADUs.
6. Historical Protections. An ADU that is on or within 500 feet of real property
that is listed in the California Register of Historic Resources must be located so
as to not be visible from any public right-of-way.
G. Fees. The following requirements apply to all ADUs that are approved under
subsections D.1 or D.2 above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 800 square feet in
size. For purposes of this subsection G.1, “impact fee” means a “fee”
under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under
the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include
any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 800 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 ADU,
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divided by the floor area of the primary dwelling, times the typical fee
amount charged for a new dwelling.)
2. Utility Fees.
a. If an ADU is constructed concurrently with a new single-family home, a
separate utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a new
dwelling are required.
b. Except as described in subsection G.2.a, converted ADUs on a single-
family lot that are created under subsection D.1.a above are not required
to have a new or separate utility connection directly between the ADU
and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection G.2.a, all ADUs that are not covered
by subsection G.2.b require a new, separate utility connection directly
between the ADU and the utility for any utility that is provided by the city.
All utilities that are not provided by the city are subject to the connection
and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU based on
either the floor area or the number of drainage-fixture units (DFU)
values, as defined by the Uniform Plumbing Code, upon the water
or sewer system.
ii. The portion of the fee or charge that is charged by the city may
not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and safety
and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a
permit to legalize an existing but unpermitted ADU o r JADU that was
constructed before January 1, 2020, if denial is based on either of the
following grounds:
i. The ADU or JADU violates applicable building standards, or
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ii. The ADU or JADU does not comply with state ADU or JADU law
or this ADU ordinance (section 16.52.150).
b. Exceptions:
i. Notwithstanding subsection H.2.a above, the city may deny a
permit to legalize an existing but unpermitted ADU or JADU that
was constructed before January 1, 2020, if the city makes a
finding that correcting a violation is necessary to comply with the
standards specified in California Health and Safety Code section
17920.3.
ii. Subsection H.2.a above does not apply to a building that is
deemed to be substandard in accordance with California Health
and Safety Code section 17920.3.
I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU
that would otherwise be allowed under this section but that does not conform to the
objective design or development standards set forth in subsections A through H of this
section may be allowed by the city with a conditional use permit, in accordance with
the other provisions of this title.
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