HomeMy WebLinkAboutAGENDA REPORT 2017 0621 CCSA REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
o$ 20/7
MOORPARK CITY COUNCIL a ` t7`,
AGENDA REPORT
TO: Honorable City Council
r
FROM: David A. Bobardt, Community Development Director V '
Prepared by: Freddy A. Carrillo, Associate Planner
DATE: May 26, 2017 (CC Meeting of 06/21/2017)
SUBJECT: Consider Ordinance Approving Zoning Ordinance Amendment No.
2017-01, an Amendment to Chapter 17.08 (Definitions), Chapter 17.20
(Uses by Zone), Chapter 17.28 (Standards for Specific Uses), Chapter
17.32 (Off-Street Parking Requirements), and Chapter 17.36
(Standards for Specific Zones and Zone Types) of Title 17 (Zoning) of
the Moorpark Municipal Code to Address Changes in State Law
Related to Accessory Dwelling Units and Determining that this
Action is Exempt from the California Environmental Quality Act
BACKGROUND
Last year, Governor Brown signed into law Senate Bill No. 1069 (SB 1069) and
Assembly Bill No. 2299 (AB 2299). These bills replace the term "second unit" with
"accessory dwelling unit" (ADU) in Section 65852.2 of the Government Code, and
impose new limitations on City's regulations of accessory dwelling units related to use
classification, unit size, parking requirements, setbacks, garage conversions, and utility
connections. Per the California Department of Housing and Community Development
(Attachment 1), California's housing production is not keeping pace with demand. In the
last decade less than half of the needed housing was built. This lack of housing is
impacting affordability with average housing costs in California exceeding the rest of the
nation. With the above legislation, the State has recognized ADUs as an affordable type
of home to construct in California because they do not require paying for land, major
new infrastructure, structured parking, or elevators. ADUs also provide a unique
opportunity to address a variety of housing needs and provide affordable housing
options for family members, friends, students, the elderly, in-home care providers, the
disabled, and others. Further, ADUs offer an opportunity to maximize and integrate
housing choices within existing neighborhoods.
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Honorable City Council
June 21, 2017
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On February 7, 2017, the City Council adopted Resolution No. 2017-3580, initiating a
Zoning Ordinance Amendment to address changes in State law related to ADUs. The
City of Moorpark currently has standards and requirements for second units. However,
under the new State legislation, homeowners will have the ability to build accessory
dwellings on their property with fewer restrictions.
In addition to SB 1069 and AB 2299, Governor Brown also signed into law Assembly Bill
2406 (AB 2406). This bill allows cities to adopt regulations for Junior Accessory
Dwelling Units (JADU), which are no more than 500 square feet and typically utilize
existing space within single-family dwellings. The provisions of AB 2406 are not
mandatory, and at this time, staff is not proposing to proceed to address JADUs
separately.
On May 23, 2017, the Planning Commission held a public hearing on Zoning Ordinance
Amendment No. 2017-01, to amend various sections of the Zoning Ordinance for
conformity with State law on ADUs. There was no public testimony. The Planning
Commission adopted Resolution No. PC-2017-617 recommended approval of the
proposed amendments as presented.
DISCUSSION
Specific amendments proposed to Title 17 Zoning are shown in Exhibit A of the
attached draft ordinance. The following summarizes the current code, State mandated
changes, and the staff recommendation:
A. Definitions — Section 17.08.010
• Currently, the Zoning Ordinance defines "Second Dwelling", as attached
or detached residential dwelling unit which provides complete,
independent, living facilities for one or more persons. It also includes
permanent provisions for living, sleeping, eating, cooking and sanitation
on the same parcel as the existing single-family dwelling is situated.
• State defines Accessory Dwelling Unit (ADU) as an attached or detached
residential dwelling unit which provides complete independent living
facilities for one or more persons. Unit will include permanent provisions of
living, sleeping, eating, cooking and sanitation on the same parcel as the
single-family dwelling is situated.
Staff Recommendation: Amend definitions by replacing "Second
Dwelling" with "Accessory Dwelling Unit" consistent with State
definition, and distinguishing "Accessory Dwelling Units" from
"Accessory Structures"; since different regulations would apply to
each.
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B. Use Matrix —Table 17.20.050
• Currently, the use matrix of the Zoning Ordinance allows second dwellings
in most residential zones.
• State requires that locations be provided for the development of ADUs by
right on lots developed with single family homes in single-family and multi-
family residential zones.
Staff Recommendation: Replace "Second dwelling units" in use
matrix with "Accessory dwelling units" and allow with a Zoning
Clearance in all residential zones.
C. Number of ADUs per lot and minimum lot size — Section 17.28.020(G)
• Currently, the Zoning Ordinance allows a second dwelling permitted on a
residentially zoned lot that is one-fourth (1/4) acre (ten thousand eight
hundred ninety (10,890) square feet) or larger in size and shall be a lot
which conforms to the minimum lot width, depth and size of the zone in
which it is located. The lot must have an existing house and no more than
one second dwelling is allowed on each lot.
• State statute requires at least one ADU be allowed, but does not limit the
maximum number of ADUs that are built on a parcel, or a minimum lot
size.
Staff Recommendation: Amend standards for second dwellings in
Section 17.28.020 (G) of the Zoning Ordinance by replacing "Second
Dwelling" with "Accessory Dwelling Unit"(ADU), and limit number to
one ADU per residentially zoned lot that has one existing single-
family dwelling, where the lot conforms with current Zoning
standards for minimum lot width, depth, and size.
D. Owner Occupancy— Section 17.28.020(G)
• Currently, the Zoning Ordinance allows the second dwelling unit to be
rented, but not be sold as separate unit.
• State statute allows cities to require the applicant for a permit for an ADU
to either be an owner occupant or that the property be used for rentals
with terms of more than 30 days.
Staff Recommendation: Require owner-occupancy of existing single-
family dwelling or ADU and prohibit sale of ADU as a separate unit.
It should be noted that this would be difficult to enforce once an ADU
is established, unless a tenant submitted a code compliance
complaint.
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E. Maximum Size — Section 17.28.020(G)
• Currently, the maximum size of a second dwelling cannot be larger than
the primary dwelling and is limited to the following lot size limitations:
Lot Size Maximum 2nd Unit Size, in sq. ft.
10,890-21,780 sq. ft. 800
21,781-43,560 sq. ft. 900
1-5 acres 1,000
>5 acres 1,100
• State statute requires that an attached ADU does not exceed 50 percent
of the existing living area and that any ADU, whether attached or
detached, not exceed 1,200 square feet. City cannot limit size to not at
least allow an efficiency unit to be built.
Recommendation: Require an attached ADU to not exceed 50% of
the floor area of the existing single-family dwelling or 1,200 square
feet, whichever is less, and limit the size of a detached ADU as
follows:
Lot Size Maximum Unit Size in Square Feet
Gross Floor Area
Under 1 acre 800
1 acre or greater 1,200
F. Architecture and Setbacks — Section 17.28.020(G)
• Currently, the Zoning Ordinance requires architectural standards of the
second dwelling, including setbacks, to conform to the existing single-
family dwelling through use of the appropriate building form, height,
materials and color. The roof material used for the second dwelling shall
be equal to or of higher quality than that used for the existing single-family
dwelling. Minimum yard setbacks from the property lines for the second
dwelling and associated garage or carport structure shall be the same as
is required for the existing single-family dwelling based on the more
restrictive of either: (i) the setback requirements of an approved residential
planned development (RPD) permit; or (ii) the setback requirements of the
applicable zone district.
• Interior side and rear setbacks are, as required by the California Building
Code and California Residential Code instead of the City Development
Code (i.e., five feet with standard windows instead of 5-10 feet on the side
and 20 feet on the rear). In addition, no setback is required for an existing
garage when converted to an ADU, and a setback of no more than 5 feet
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from the side and rear lot lines is required for ADU that is constructed
above a garage.
Staff Recommendation: Require compatible architectural design with
building form, height, roof style and pitch, materials, color, and
architectural details consistent with the existing single-family
dwelling. Require minimum front yard setbacks and street side yard
setbacks for ADUs to be consistent with standards of the underlying
zone or RPD Permit, with minimum interior side and rear lot setbacks
at 5 feet. Setback will not be required for existing garage converted
into ADU, and a setback of 5 feet for the side and rear will be
required when ADU is constructed above a garage. A minimum of
400 square feet of landscaped area including uncovered patios, but
not including areas within required setbacks must be maintained in
the rear yard.
G. Height— Section 17.28.020(G)
• Currently, the Zoning Ordinance restricts accessory structures in
residential zones to a maximum height of 15 feet.
• State statute allows the regulation of height for ADUs, but mandates that
they be allowed above garage structures.
Staff Recommendation: Restrict the height of the ADU to a maximum
of 2 stories and be no taller than 24 feet, except when incorporated
into the existing floor area of the existing single-family dwelling, in
which case the ADU must not exceed the height of the existing
single-family dwelling.
H. Parking — Sections 17.28.020(G) and 17.32.020
• Currently, the Zoning Ordinance requires one covered or uncovered
parking space for studio or one bedroom second dwelling units and two
covered or uncovered parking spaces for two bedroom second dwelling
units. The parking space provided for the second dwelling unit cannot be
located in a required dwelling unit setback and needs to be paved.
• State statute provides that cities have the option to require a maximum of
one parking space per ADU or one parking space per ADU bedroom.
Required on-site parking must be allowed as (uncovered) tandem parking
on driveways and in City designated setback areas.
In addition, a City may not require parking for an ADU that is:
o Located within one-half mile of public transit;
o Located within an architecturally and historically significant district;
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o Part of the existing primary residence or an existing accessory
structure (e.g., basement or garage conversion)
o Located within on block of a car share vehicle; or
o Located in an area where the city requires on-street parking permits
but does not offer the permits to the ADU occupants.
Staff Recommendation: Require one covered, uncovered, tandem
parking on existing driveway or use of a mechanical lift parking
space for each bedroom of the ADU, with a minimum of one space if
the ADU does not have a bedroom.
Waive parking requirements if:
o Located within one-half mile of public transit;
o Located within an architecturally and historically significant
district;
o Part of the existing primary residence or an existing accessory
structure (e.g., basement or garage conversion)
o Located within one block of a car share vehicle; or
o Located in an area where the city requires on-street parking
permits but does not offer the permits to the ADU occupants.
I. Replacement parking for garage conversion — Section 17.28.020(G)
• Currently, the Zoning Ordinance requires that required garage spaces that
are lost to conversion to a secondary dwelling unit, be replaced with
covered garage spaces.
• State statute requires that if the lost spaces must be replaced, then the
replacement spaces must be allowed to be located in any configuration on
the same lot as the ADU, including but not limited to covered spaces,
uncovered spaces, tandem spaces, or by use of mechanical automotive
parking lifts.
Staff Recommendation: If garage, carport, or covered parking
structure is removed in conjunction with the construction of an ADU,
the replacement spaces may be located in any configuration on the
same lot as the ADU including but not limited to covered spaces,
uncovered spaces, or tandem spaces, or by the use of a mechanical
automotive parking lift within a garage structure.
The State statutes do not address Homeowner's Associations and enforceability of
Covenants, Conditions, and Restrictions (CC&Rs). HOAs typically have approval
authority over architectural changes to the property, including additions. The new ADU
law (Government Code Section 65852.2) does not explicitly override or make invalid
provisions of local CC&Rs that may- prohibit ADUs on the property. As with other
proposed home improvement permit requests in areas with HOA's, staff will advise the
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applicant that HOA approval is up to the applicant. Staff does not require proof of HOA
approval for permit issuance, as the City does not enforce private CC&Rs.
In addition, the State statutes do not address non-conforming uses. The Moorpark
Municipal Code allows non-conforming structures that are not required to be terminated
and may be continued and expanded or extended on the same lot provided that the
structural or other alterations for the expansion or extension of the structure are either
required by law, or are in conformance with the regulations in effect for the zone in
which such structures are located. With the proposed ordinance, an ADU would not be
permitted on a lot that has an existing non-conforming single-family dwelling in a
commercial zone. The City Attorney's Office has reviewed and approved this ordinance
as to form.
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to statutorily exempt from the
provisions of the California Environmental Quality Act per Section 21080.17 of the
Public Resources Code, which exempts the adoption of an ordinance to implement the
provisions of Section 65852.2 of the Government Code (Accessory Dwelling Unit Law).
No further environmental documentation is required.
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on June 11, 2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No.
2017-01, for first reading, waive full reading, and place this ordinance on the
agenda for July 5, 2017, for purposes of providing second reading and adoption
of the ordinance.
ATTACHMENTS:
1. California Department of Housing and Community Development, Accessory
Dwelling Unit Memorandum, December 2016
2. Ordinance No.
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CC ATTACHMENT 1
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Table of Contents
Understanding ADUs and Their Importance 1
Summary of Recent Changes to Accessory Dwelling Unit Laws 3
Frequently Asked Questions: Accessory Dwelling Units 7
Should an Ordinance Encourage the Development of ADUs? 7
Are Existing Ordinances Null and Void? 7
Are Local Governments Required to Adopt an Ordinance? 8
Can a Local Government Preclude ADUs? 8
Can a Local Government Apply Development Standards and Designate Areas? 8
Can a Local Government Adopt Less Restrictive Requirements? 9
Can Local Governments Establish Minimum and Maximum Unit Sizes? 9
Can ADUs Exceed General Plan and Zoning Densities? 9
How Are Fees Charged to ADUs? 11
What Utility Fee Requirements Apply to ADUs 11
What Utility Fee Requirements Apply to Non-City and County Service Districts? 11
Do Utility Fee Requirements Apply to ADUs within Existing Space? 11
Does "Public Transit" Include within One-half Mile of a Bus Stop and Train Station? 11
Can Parking Be Required Where a Car Share is Available? 12
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? 12
Is Covered Parking Required? 12
Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an
ADU? 12
Are Setbacks Required When an Existing Garage is Converted to an ADU? 12
Are ADUs Permitted in Existing Residence and Accessory Space? 13
Are Owner Occupants Required? 13
Are Fire Sprinklers Required for ADUs? 13
Is Manufactured Housing Permitted as an ADU? 14
Can an Efficiency Unit Be Smaller than 220 Square Feet? 14
Does ADU Law Apply to Charter Cities and Counties? 14
Do ADUs Count toward the Regional Housing Need Allocation 14
Must Ordinances Be Submitted to the Department of Housing and Community Development? 15
9
Frequently Asked Questions: Junior Accessory Dwelling Units 16
Is There a Difference between ADU and JADU? 16
Why Adopt a JADU Ordinance? 17
Can JADUs Count towards The RHNA? 17
Can the JADU Be Sold Independent of the Primary Dwelling? 17
Are JADUs Subject to Connection and Capacity Fees? 17
Are There Requirements for Fire Separation and Fire Sprinklers? 18
Resources 19
Attachment 1: Statutory Changes (Strikeout/Underline) 19
Attachment 2: Sample ADU Ordinance 26
Attachment 3: Sample JADU Ordinance 29
Attachment 4: State Standards Checklist 32
Attachment 5: Bibliography 33
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1
Understanding Accessory Dwelling Units
and Their Importance
. California's housing production is not keeping pace with
,-� demand. In the last decade less than half of the needed
housing was built. This lack of housing is impacting
affordability with average housing costs in California
— exceeding the rest of the nation. As affordability
nor l 11® ®EB ' becomes more problematic, people drive longer distances
between a home that is affordable and where they work,
•••• .4�: ',4::•••‘• or double up to share space, both of which reduces
quality of life and produces negative environmental
impacts.
, Beyond traditional market-rate construction and
`^ - } (:1' { lsr government subsidized production and preservation there
Courtesy of Karen Chapple,UC Berkeley are alternative housing models and emerging trends that can
contribute to addressing home supply and affordability in California.
One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in-
law units, or granny flats).
What is an ADU
An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons
and generally takes three forms:
• Detached: The unit is separated from the primary structure
• Attached: The unit is attached to the primary structure
• Repurposed Existing Space: Space (e.g., master bedroom)within the primary residence is
converted into an independent living unit
• Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures
ADUs offer benefits that address common development barriers such as affordability and environmental quality.
ADUs are an affordable type of home to construct in California because they do not require paying for land, major
new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one-or two-story wood frame
construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as
much living space as the new apartments and condominiums being built in new infill buildings and serve very well
for couples, small families, friends, young people, and seniors.
ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals
and students desire to live in areas close to jobs, amenities, and schools. The problem with high-opportunity areas
is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach
for many people. To address the needs of individuals or small families seeking living quarters in high opportunity
areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage
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into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can
receive an extra monthly rent income.
ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing
seniors to age in place as they require more care and helping extended families to be near one another while
maintaining privacy.
Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley
study noted that one unit of affordable housing in the Bay Area costs about$500,000 to develop whereas an ADU
can range anywhere up to $200,000 on the expensive end in high housing cost areas.
ADUs are a critical form of infill-development that can be affordable and offer important housing choices within
existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve
different populations ranging from students and young professionals to young families, people with disabilities and
senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local
governments can encourage the development of ADUs and improve access to jobs, education and services for
many Californians.
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,
Summary of Recent Changes to ADU Laws .
.k.,,, The California legislature found and declared that,
4,4i1.„
,3�` R `'lgt' _,. _} .,y . among other things, allowing accessory dwelling units
; ,,,; (ADUs) in single family and multifamily zones
�r� 9 ' , •L • provides additional rental housing and are an
�, r`- • '" essential component in addressing housing needs in
m`,Y i.,5;; ! y �M~ - , California. Over the years, ADU law has been revised
., , ,_ : . t ° to improve its effectiveness such as recent changes
in 2003 to require ministerial approval. In 2017,
' changes to ADU laws will further reduce barriers,
better streamline approval and expand capacity to
-- .,,- . " I accommodate the development of ADUs.
—�. .,. � '' ADUs are a unique opportunity to address a variety of
-- housing needs and provide affordable housing
z`i: •^" 7, „.,=,,, ,, options for family members, friends, students, the
elderly, in-home health care providers, the disabled,
Courtesy of Karen Chapple,UC Berkeley and others. Further, ADUs offer an opportunity to maximize and
integrate housing choices within existing neighborhoods.
Within this context, the Department has prepared this guidance to assist local governments in encouraging the
development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief
summary of the changes for each bill.
SB 1069 (Wieckowski)
S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs
and expanded capacity for their development. The following is a brief summary of provisions that go into effect
January 1, 2017.
Parking
SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street
parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made.
SB 1069 also prohibits parking requirements if the ADU meets any of the following:
• Is within a half mile from public transit.
• Is within an architecturally and historically significant historic district.
• Is part of an existing primary residence or an existing accessory structure. I
• Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
• Is located within one block of a car share area.
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Fees
SB 10•69 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility
connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from
requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or
capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and
detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system
and may not exceed the reasonable cost of providing the service.
Fire Requirements
SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the
primary residence.
ADUs within Existing Space
Local governments must ministerially approve an application to create within a single family residential zone one
ADU per single family lot if the unit is:
• contained within an existing residence or accessory structure.
• has independent exterior access from the existing residence.
• has side and rear setbacks that are sufficient for fire safety.
These provisions apply within all single family residential zones and ADUs within existing space must be allowed in
all of these zones. No additional parking or other development standards can be applied except for building code
requirements.
No Total Prohibition
SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs.
AB 2299 (Bloom)
Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to
ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of
an attached ADU, and setback requirements, as follows:
• The unit is not intended for sale separate from the primary residence and may be rented.
• The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
• The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or
detached and on the same lot.
• The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum
increase in floor area of 1,200 square feet.
• The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet.
• No passageway can be required.
• No setback can be required from an existing garage that is converted to an ADU.
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• Compliance with local building code requirements.
• ' Approval by the local health officer where private sewage disposal system is being used.
Impact on Existing Accessory Dwelling Unit Ordinances
AB 2299 provides that any existing ADU ordinance that does not meet the bill's requirements is null and void upon
the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on
Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance.
AB 2406 (Thurmond)
AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local
governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be
a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing
residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a
JADU ordinance is optional.
Required Components
The ordinance authorized by AB 2406 must include the following requirements:
• Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already
built on the lot.
• The single-family residence in which the JADU is created or JADU must be occupied by the owner of the
residence.
• The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-
family residence and restricting the JADU to the size limitations and other requirements of the JADU
ordinance.
• The JADU must be located entirely within the existing structure of the single-family residence and JADU have
its own separate entrance.
• The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and
storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed.
• The JADU may share a bath with the primary residence or have its own bath.
Prohibited Components
This bill prohibits a local JADU ordinance from requiring:
• Additional parking as a condition to grant a permit.
• Applying additional water, sewer and power connection fees. No connections are needed as these utilities
have already been accounted for in the original permit for the home.
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Fire Safety Requirements
AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and
life protections ordinances and regulations, such as sprinklers and smoke detectors. The bill also requires life and
protection ordinances that affect single-family residences to be applied uniformly to all single-family residences,
regardless of the presence of a JADU.
JADUs and the RHNA
As part of the housing element portion of their general plan, local governments are required to identify sites with
appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA)and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly
flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill
would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to
create less costly accessory units. See additional discussion under JADU frequently asked questions.
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Frequently Asked Questions :
Accessory Dwelling Units
Should an Ordinance Encourage the Development of ADUs?
Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity
for ADUs recognizing their unique importance in addressing California's housing needs. The preparation, adoption,
amendment and implementation of local ADU ordinances must be carried out consistent with Government Code
Section 65852.150:
(a) The Legislature finds and declares all of the following:
(1)Accessory dwelling units are a valuable form of housing in California.
(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care
providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of
security.
(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental
housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for
the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and
the well-being of our citizens, particularly lower and middle-income earners.
(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within
existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California's housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has
the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating
to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or
burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in
zones in which they are authorized by local ordinance.
•
7 17
L
Are Existing Ordinances Null and Void?
'9. a .. t , ,•�.
��t Yes, any local ordinance adopted prior to January 1, 2017
�f.•R,`ry ' t � `�"` " that is not in compliance with the changes to ADU law will be
- null and void. Until an ordinance is adopted, local
,_ i rjL 1 governments must apply"state standards" (See Attachment
i���111• '' 4 for State Standards checklist). In the absence of a local
ordinance complying with ADU law, local review must be
limited to "state standards" and cannot include additional
•
requirements such as those in an existing ordinance.
Are Local Governments Required to Adopt
an Ordinance?
No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local
ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through
different forms such as a new ordinance, amendment to an existing ordinance, separate section or special
regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be
established legislatively through a public process and meeting and not through internal administrative actions such
as memos or zoning interpretations.
Can a Local Government Preclude ADUs?
No local government cannot preclude ADUs.
Can a Local Government Apply Development Standards and Designate Areas?
Yes, local governments may apply development standards and may designate where ADUs are permitted (GC
Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family
residential zones.
For ADUs that require an addition or a new accessory structure, development standards such as parking, height,
lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or
allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high
fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that
burdens the development of ADUs and should maximize the potential for ADU development. Designating areas
where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic
flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes,
burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than
500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the
intent of the Legislature.
8
18
Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their
potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout
most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could
be considered relative to health and safety concerns such as areas on septic systems. While larger lot
sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g.,
maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements)
that allows ADUs to fit well within the built environment.
Can a Local Government Adopt Less Restrictive Requirements?
Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local
governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less
restrictive parking or unit sizes or amending general plan policies.
Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from
incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development
of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to
promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and
requirements to make it more convenient for homeowners to get information. The City found that
homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and
there is sufficient guidance on what options they have in regards to design and planning.
The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage
more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop
an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community-
development/programs/accessory-dwelling-unit-development-program.
Can Local Governments Establish Minimum and Maximum Unit Sizes?
Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like
all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of
ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that
unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit
sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit
as defined in Health and Safety Code Section 17958.1.
ADU law requires local government approval if meeting various requirements (GC Section
65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50
percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200
square feet. A local government may choose a maximum unit size less than 1,200 square feet as long
as the requirement is not burdensome on the creation of ADUs.
Can ADUs Exceed General Plan and Zoning Densities?.
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19
An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning.
For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an
additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further,
local governments could elect to allow more than one ADU on a lot.
New developments can increase the total number of affordable units in their project plans by
integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs
also promotes housing choices within a development. One such example is the Cannery project
in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs.
ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with
neighborhoods and enhancing community character. ADUs are constructed at the same time as
the primary single-family unit to ensure the affordable rental unit is available in the housing
supply concurrent with the availability of market rate housing.
10 20
How Are Fees Charged to ADUs?
All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation
Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home).
Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of
plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping
should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new
landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a
lesser impact such as lower sewer or traffic impacts.
What Utility Fee Requirements Apply to ADUs?
Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity
charges.
Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot
require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity
charge.
For other ADUs, a local agency may require separate utility connections between the primary dwelling and the
ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its
size or the number of plumbing fixtures.
What Utility Fee Requirements Apply to Non-City and County Service Districts?
All local agencies must charge impact fees in accordance with the Mitigation Fee Act(commencing with
Government Code Section 66000), including in particular Section 66013, which requires the connection fees and
capacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and county
service districts must account for the lesser impact related to an ADU and should base fees on unit size or number
of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the
smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals
could be considered to better promote the development of ADUs.
Do Utility Fee Requirements Apply to ADUs within Existing Space?
No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility
connections and fees (connection and capacity) must not be required.
Does "Public Transit" Include within One-half Mile of a Bus Stop and Train
Station?
Yes, "public transit" may include a bus stop, train station and paratransit if appropriate for the applicant. "Public
transit" includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15
minute intervals). Local governments could consider a broader definition of"public transit" such as distance to a
bus route.
11 21
Can Parking Be Required Where a Car Share Is Available?
No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A
car share location includes a designated pick up and drop off location. Local governments can measure a block
from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three
blocks.
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking?
Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that
tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life
safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction.
However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of
ADUs.
Local governments must provide reasonable accommodation to persons with disabilities to promote equal
access housing and comply with fair housing laws and housing element law. The reasonable
accommodation procedure must provide exception to zoning and land use regulations which includes an
ADU ordinance. Potential exceptions are not limited and may include development standards such as
setbacks and parking requirements and permitted uses that further the housing opportunities of individuals
with disabilities.
Is Covered Parking Required?
No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings
are made.
Is Replacement Parking Required When the Parking Area for the Primary
Structure Is Used for an ADU?
Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements
such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an
opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not
requiring replacement parking.
Are Setbacks Required When an Existing Garage Is Converted to an ADU?
No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office)
above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space
is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage,
not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending
beyond the garage walls.
Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist
so an ADU can be created, the replacement parking must be allowed in any "configuration" on the lot, "...including,
12
22
but not limited to, covered spaces, uncovered spaces, or tandem spaces, or...." Configuration can be applied in a
flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing
driveways in setback areas or not requiring excessive distances from the street would be appropriate.
Are ADUs Permitted in Existing Residence or Accessory Space?
Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory
structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including
locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit
requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be
limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review,
landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any
single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where
impact is minimal and the existing footprint is not being increased.
Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming
lots or structures. The phrase, "..within the existing space" includes areas within a primary home or within an
attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio
and similar enclosed structures.
Are Owner Occupants Required?
No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the
primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals
(terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the
same property. Local agencies which impose this requirement should require recordation of a deed restriction
regarding owner occupancy to comply with GC Section 27281.5
Are Fire Sprinklers Required for ADUs?
Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary
residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the
primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU.
Alternative methods for fire protection could be provided.
If the ADU is detached from the main structure or new space above a detached garage, applicants can be
encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique
opportunity to address a variety of housing needs and provide affordable housing options for family members,
students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure
the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can
help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost
effectively. For example,insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally,
other methods exist to provide additional fire protection. Some options may include additional exits, emergency
escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property
lines or other structures.
13
23
Is Manufactured Housing Permitted as an ADU?
•
Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living,
sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section
17958.1) and a manufactured home (Health and Safety Code Section 18007).
Health and Safety Code Section 18007(a) "Manufactured home," for the purposes of this part, means a
structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight
body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on
site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-
family dwelling with or without a foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home"
includes any structure that meets all the requirements of this paragraph except the size requirements and
with respect to which the manufacturer voluntarily files a certification and complies with the standards
established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.,
Sec. 5401, and following).
Can an Efficiency Unit Be Smaller than 220 Square Feet?
Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section
17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom
facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code,
referenced in the Title 24 of the California Code of Regulations.
The 2015 International Residential Code adopted by reference into the 2016 California Residential Code
(CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit
(EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq.
ft unless modified by local ordinance in accordance with the California Health and Safety Code which could
allow an EDU to be built no less than 150 sq. ft. For more information, see HCD's Information Bulletin at
http://www.hcd.ca.gov/codes/manufactured-housinq/docs/ib2016-06.pdf
Does ADU Law Apply to Charter Cities and Counties?
Yes. ADU law explicitly applies to"local agencies" which are defined as a city, county, or city and county whether
general law or chartered (Section 65852.2(i)(2)).
14
24
Do ADUs Count toward the Regional Housing Need Allocation?
Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to
Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked
questions for JADUs for additional discussion.
Must ADU Ordinances Be Submitted to the Department of Housing and
Community Development?
Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within
60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is
not subject to a Department review and findings process similar to housing element law(GC Section 65585)
15 25
Frequently Asked Questions :
Junior Accessory Dwelling Units
Is There a Difference between ADU and JADU?
M° - Yes, AB 2406 added Government Code Section 65852.22,
providing a unique option for Junior ADUs. The bill allows
,
local governments to adopt ordinances for JADUs, which are
no more than 500 square feet and are typically bedrooms in a
7:'1
'
single-family home that have an entrance into the unit from
II!
. :INo the main home and an entrance to the outside from the
JADU. The JADU must have cooking facilities, including a
sink, but is not required to have a private bathroom. Current
law does not prohibit local governments from adopting an
ordinance for a JADU, and this bill explicitly allows, not
requires, a local agency to do so. If the ordinance requires a
permit, the local agency shall not require additional parking or
charge a fee for a water or sewer connection as a condition
Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight of granting a permit for a JADU. For more information, see
below.
ADUs and JADUs
REQUIREMENTS ADU JADU
Maximum Unit Size Yes, generally up to 1,200 Square Feet or Yes, 500 Square Foot Maximum
50% of living area
Kitchen Yes Yes
Bathroom Yes No, Common Sanitation is Allowed
Separate Entrance Depends Yes
Parking Depends, Parking May Be Eliminated and No, Parking Cannot Be Required
Cannot Be Required Under Specified
Conditions
Owner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is Required
Required
Ministerial Approval Process Yes Yes
Prohibition on Sale of ADU Yes Yes
16
26
Why Adopt a JADU Ordinance?
JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a
tenant by offering an interior connection between the unit and main living area. The doors between the two spaces
can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living
area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug
in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case
additional income or housing is needed. They present no additional stress on utility services or infrastructure
because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional
address is required on the property because an interior connection remains. By adopting a JADU ordinance, local
governments can offer homeowners additional options to take advantage of underutilized space and better
address its housing needs.
Can JADUs Count towards the RHNA?
Yes, as part of the housing element portion of their general plan, local governments are required to identify sites
with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the
RHNA, HCD and the Department of Finance (DOE) utilize the census definition of a housing unit. Generally, a
JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department
of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the
RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to
assure the JADU is counted to the appropriate income category. For example, some local governments request
and track information such as anticipated affordability as part of the building permit application.
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that
is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters
are those in which the occupants live separately from any other persons in the building and which have
direct access from the outside of the building or through a common hall.
Can the JADU Be Sold Independent of the Primary Dwelling?
No, the JADU cannot be sold separate from the primary dwelling.
Are JADUs Subject to Connection and Capacity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should
not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to
all providers of water, sewer and power, including non-municipal providers.
Local governments may adopt requirements for fees related to parking, other service or connection for water,
sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not
considered a new or separate unit.
17
27
Are There Requirements for Fire Separation and Fire Sprinklers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU
shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life
protection requirements, then the JADU must be treated the same.
18
28
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1
29
Attachment 1 : Statutory Changes (Strikeout/Underline)
Government Code Section 65852.2
(a) (1)Any A local agency may, by ordinance, provide for the creation of second accessory dwelling units in
single-family and multifamily residential zones. The ordinance may shall do any all of the following:
(A) Designate areas within the jurisdiction of the local agency where second accessory dwelling units may be
permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the
adequacy of water and sewer services and the impact of second accessory dwelling units on traffic flawflow and
public safety.
(B) (i) Impose standards on second accessory dwelling units that include, but are not limited to, parking, height,
setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that second accessory dwelling units do not exceed the allowable density for the lot upon which
the second accessory dwelling unit is located, and that second-accessory dwelling units are a residential use that
is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
(Ill) This clause shall not apply to a unit that is described in subdivision (d).
20
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(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including,
but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical
automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3)When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special
use ,- • • - -- -- -- . -- -. - -e.. - - --- .•. • - ---- - - - -
ordinance for the creation of ADUs. permits, within 120 days after receiving the application. A local agency may
charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the
2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that
provides for the creation of ADUs. an accessory dwelling unit.
(b3 01(1) An When existing ordinance governing the creation of an accessory dwelling unit by a local
agency .. - - •- ---- - -• - - - - - • - ' `- •• ---- -- - --- -• - - -
first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the
subdivision unless it or an accessory dwelling ordinance adopted by a local agency subsequent to the effective
date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for
the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or
requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter
apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the
agency adopts an ordinance •• --e__ __ - - .__ _ _ _ _ • • ! __ _ - -_- . _ •-
•
-- - . ' - • - - - -'- - --•! - --•!- - - --- -e-•- - - - - - - -_ - - - - . -
permit for the creation of a ADU if the ADU complies with all of the following: that complies with this section.
{A)The unit is not intended for sale and may be rented.
{B)The lot is zoned for single family or multifamily use.
(C)The lot contains an existing single family dwelling.
- - - - - -- -- - - -- - --- - -- - - - ---- , !! --- - -- .
(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges,
located.
(I)Approval by the local health officer where a private sewage disposal system is being used, if required.
21 31
(2)- (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(-3} (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed
ADUs on-lets a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an
existing single-family dwelling. No additional standards, other than those provided in thissubdivision or subdivision
(a), subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit
issued pursuant to this subdivision to be an owner occupant. owner-occupant or that the property be used for
rentals of terms longer than 30 days.
{4) (7) ' - -•- e•••.1 - - - - - - - - - - _•_•e- - - - - - - --
to implement this subdivision. Any A local agency may amend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision.
(.5-} (8) A ADU which conforms to the requirements of An accessory dwelling unit that conforms to this subdivision
shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the
allowable density for the lot upon which it is located, and shall be deemed to be a residential usewk-ieh that is
consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit
shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(e) No When a local agency - ____ _ _ _ _ _- .. - _ - _ -_ -_- • •_ . . - _ ' _
adopting the ordinance. that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the
application.
{ (c)A local agency may establish minimum and maximum unit size requirements for both attached and
detached cccond accessory dwelling units. No minimum or maximum size for a second an accessory dwelling unit,
or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or
detached dwellings which that does not permit at least an efficiency unit to be constructed in compliance with local
development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) P. - -- ---__ - ♦ ._ - - - ---- - " -- - ---- -- - - -- --- -- ' '-- - - -- -
22 3 2
- - ._ ' '- -•e - - --• -• • _ •- •" -- •--- -•e- - --- --- - - - - - - - S. --
the jurisdiction. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit to create within a single-family residential zone one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure,
has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(f) (1) Fees charged for the construction of second accessory dwelling units shall be determined in accordance
with Chapter 5 (commencing with Section66000). 66000) and Chapter 7(commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to
install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or
separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures,
upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of ADUs. an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinanccc ordinance adopted pursuant to subdivision (a)or-(oto
the Department of Housing and Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean: •
(1) "Living arca," area"means the interior habitable area of a dwelling unit including basements and attics but does
not include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5.
(4) "Second `Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides
complete independent living facilities for one or more persons. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second An
accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) `Passageway"means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
23 3 3
(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except
that the local government shall not be required to hold public hearings for coastal development permit applications
for second accessory dwelling units.
Government Code Section 65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure,
and require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second
interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A)A sink with a maximum waste line diameter of 1.5 inches.
(B)A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or
propane gas.
(C)A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable
building standards.
(c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a
24 3 4
permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in
connection with the issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not
be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city
and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(q) For purposes of this section, the following terms have the following meanings:
(1) "Junior accessory dwelling unit"means a unit that is no more than 500 square feet in size and contained
entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
(2) "Local agency"means a city, county, or city and county, whether general law or chartered.
25 35
Attachment 2: Sample ADU Ordinance
Section XXXIXXX: Purpose
This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single-
family dwellings. Such accessory dwellings contribute needed housing to the community's housing stock. Thus,
accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning
regulations and which enhances housing opportunities, including near transit on single family lots.
Section XXX2XXX: Applicability
The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned
residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
Section XXX3XXX: Development Standards
Accessory Structures within Existing Space
An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or
other accessory structure shall be permitted ministerially with a building permit regardless of all other standards
within the Chapter if complying with:
1. Building and safety codes
2. Independent exterior access from the existing residence
3. Sufficient side and rear setbacks for fire safety.
Accessory Structures (Attached and Detached)
General:
1. The unit is not intended for sale separate from the primary residence and may be rented.
2. The lot is zoned for residential and contains an existing, single-family dwelling.
3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling
and located on the same lot as the existing dwelling.
4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.
6. Local building code requirements that apply to detached dwellings, as appropriate.
7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling
unit that is constructed above a garage.
9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence and may employ alternative methods for fire protection.
Parking:
1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom.These spaces may be provided as tandem parking, including on an existing driveway or in setback
areas, excluding the non-driveway front yard setback.
2. Parking is not required in the following instances:
• The accessory dwelling unit is located within one-half mile of public transit, including transit
stations and bus stations.
26
36
• The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and
ZZZ Opportunity Area.
• The accessory dwelling unit is located within an architecturally and historically significant historic
district.
• When on-street parking permits are required but not offered to the occupant of the accessory
dwelling unit.
• When there is a car share vehicle located within one block of the accessory dwelling unit.
3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in
conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required
and may be located in any configuration on the same lot as the accessory dwelling unit.
Section XXX4XXX: Permit Requirements
ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The
Community Development Director shall issue a building permit or zoning certificate to establish an accessory
dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as
appropriate. The Community Development Director may approve an accessory dwelling unit that is not in
compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve
an application in conformance with XXXXXX where a private sewage disposal system is being used.
Section XXX5XXX: Review Process for Accessory Structure Not Complying with
Development Standards
An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning
certificate or an administrative use permit at the discretion of the Community Development Director subject to
findings in Section XXX6XX
Section XXX6XXX: Findings
A. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Director
shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce
unreasonable privacy impacts to the immediate neighbors.
B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling
unit parking, the Community Development Director shall find that additional or new on-site parking would be
detrimental, and that granting the waiver will meet the purposes of this Chapter.
Section XXX7XXX: Definitions
(1) "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.
(2) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(3) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance -
of the accessory dwelling unit.
27 37
(4) (1) "Existing Structure" for the purposes of defining an allowable space that can be converted to an ADU means
within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely
habitable under local building codes at the determination of the building official regardless of any non-compliance
with zoning standards.
•
28 38
Attachment 3: Sample JADU Ordinance
(Lilypad,Homes at http.//lilypadhomes.orq/)
Draft Junior Accessory Dwelling Units (JADU) — Flexible Housing
Findings:
1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and
low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic
environment, in building more affordable housing
2 Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling
units that allows spare bedrooms in homes to serve as a flexible form of infill housing
3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or
burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging
homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the
whole of the community
4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest
incomes)—generating extra revenue, allowing people facing unexpected financial obstacles to remain in their
homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage
qualification under new government guidelines; Renters—creating more low-cost housing options in the
community where they work, go to school or have family, also reducing commute time and expenses;
Municipalities—helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety
standard code compliance, providing an abundant source of affordable housing with no additional
infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in
the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using
resources more efficiently;
5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating
economically healthy, diverse, multi-generational communities;
Therefore the following ordinance is hereby enacted:
This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the
standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of
2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the
fact that junior accessory dwelling units do not qualify as "complete independent living facilities" given that the
interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining
the single-family home status of the dwelling unit.
A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including
the standards in Table below:
1) Number of Units Allowed. Only one accessory dwelling unit or,junior accessory dwelling unit, may be
located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or
restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may
only be located on a lot which already contains one legal single-family dwelling.
2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a
principal residence either the primary dwelling or the accessory dwelling, except when the home is held by
an agency such as a land trust or housing organization in an effort to create affordable housing.
3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on
the parcel.
29
39
4) Deed Restriction:A deed restriction shall be completed and recorded, in compliance with Section B below.
5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the
existing walls of an existing primary dwelling, and must include conversion of an existing bedroom.
6) Separate Entry Required:A separate exterior entry shall be provided to serve a junior accessory dwelling
unit.
7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second
door may be added for sound attenuation.
8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and
limited to the following components:
a) A sink with a maximum waste line diameter of one-and-a-half(1.5) inches,
b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and-
twenty (120) volts or natural or propane gas, and
c) A food preparation counter and storage cabinets that are reasonable to size of the unit.
9) Parking: No additional parking is required beyond that required when the existing primary dwelling was
constructed.
Development Standards for Junior Accessory Dwelling Units
SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS
Maximum unit size 500 square feet
Setbacks As required for the primary dwelling unit
Parking No additional parking required
B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction,
approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the
pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed
restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the
recorded deed restriction shall be filed with the Department stating that:
1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;
2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development
standards;
3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence,
or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is
owned by an agency such as a land trust or housing organization in an effort to create affordable housing;
4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance
with this provision may result in legal action against the property owner, including revocation of any right to
maintain a junior accessory dwelling unit on the property.
C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
may be assessed.
D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
30
40
may be assessed.
E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation
specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the
dwelling unit complies with development standard may be assessed.
Definitions of Specialized Terms and Phrases.
"Accessory dwelling'unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling_
unit also includes the following:
(1)An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(2)A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely
within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
31
41
1
Attachment 4: State Standards Checklist (As of January 1 , 2017)
GOVERNMENT
YES/NO STATE STANDARD* CODE SECTION
Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(i)
rented.
Lot is zoned for single-family or multifamily use and contains an existing, single- 65852.2(a)(1)(D))ii)
family dwelling.
Accessory dwelling unit is either attached to the existing dwelling or located 65852.2(a)(1)(D)(iii
within the living area of the existing dwelling or detached from the existing )
dwelling and located on the same lot as the existing dwelling.
Increased floor area of an attached accessory dwelling unit does not exceed 50 65852.2(a)(1)(D)(iv
percent of the existing living area, with a maximum increase in floor area of )
1,200 square feet.
Total area of floor space for a detached accessory dwelling unit dies not exceed 65852.2(a)(1)(D)(v
1,200 square feet. )
Passageways are not required in conjunction with the construction of an 65852.2(a)(1)(D)(vi
accessory dwelling unit. )
Setbacks are not required for an existing garage that is converted to an 65852.2(a)(1)(D)(vi
accessory dwelling unit, and a setback of no more than five feet from the side i)
and rear lot lines are not required for an accessory dwelling unit that is
constructed above a garage.
(Local building code requirements that apply to detached dwellings are met, as 65852.2(a)(1)(D)(vi
appropriate. ii)
Local health officer approval where a private sewage disposal system is being 65852.2(a)(1)(D)(ix
used, if required. )
Parking requirements do not exceed one parking space per unit or per bedroom. 65852.2(a)(1)(D)(x
These spaces may be provided as tandem parking on an existing driveway. )
*Other requirements may apply. See Government Code Section 65852.2
32
42
Attachment 5: Bibliography
Reports
ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)
By United States Department of Housing and Urban Development, Office of Policy Development and Research.
(2008)
Introduction: Accessory dwelling units (ADUs) —also referred to as accessory apartments, ADUs, or granny flats
—are additional living quarters on single-family lots that are independent of the primary dwelling unit. The
separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached
from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory
restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various
types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU
legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of
Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
THE MACRO VIEW ON MICRO UNITS (46 pp.)
By Bill Whitlow, et al. –Urban Land Institute(2014)
Library Call#: H43 4.21 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013
to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory
Dwelling Units (76 pp.)
By Vicki Been, Benjamin Gross, and John Infranca (2014)
New York University: Furman Center for Real Estate & Urban Policy
Library Call# D55 3 147 2014
This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of
the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York;
Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we
study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the
development of compact units in their own jurisdictions. Second, as more local governments permit or encourage
compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.
SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications
(25 pp.)
By Jake Webmann, Alison Nemirow, and Karen Chapple (2012)
UC Berkeley: Institute of Urban and Regional Development(IURD)
Library Call# H44 1.1 S33 2012
This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages,
might be built in the East Bay, focusing on the Flatlands portions of Berkeley, El Cerrito, and Oakland. We then
investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth,
alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing
on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as
promoting carsharing programs, educating residents, and providing access to finance.
33
43
SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow(2011)
UC Berkeley: IURD
Library Call# D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in
particular, with an eye towards understanding the similarities and differences between infill as it is more
traditionally understood —i.e., the development or redevelopment of entire parcels of land in an already urbanized
area—and the incremental type of infill that secondary unit development constitutes.
YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.)
By Alison Nemirow and Karen Chapple (2012)
UC Berkeley: IURD
Library Call # H44.5 1.1 Y47 2012
This paper begins with a discussion of how to determine the development potential for secondary units, and then
provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under
current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study
(Albany, Berkeley, El Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and
procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be
relaxed.
YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.)
By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post(2011)
UC Berkeley: Center for Community Innovation.
Library Call# B92 1.1 Y47 2011
This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can
city regulations best enable their construction?And second, what is the market for secondary units? Because
parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative
transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the
San Francisco Bay Area (Figure 1) --Oakland, Berkeley, Albany, El Cerrito, and Richmond --focusing on the
areas within '/ mile of five Bay Area Rapid Transit(BART) stations.
Journal Articles and Working Papers:
BACKYARD HOMES LA (17 pp.)
By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010)
Regents of the University of California, Los Angeles.
City Lab Project Book.
DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)
By William P. Macht. Urbanland online. (June 26, 2015)
Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161.
34
44
GRANNY FLATS GAINING GROUND (2 pp.)
By Brian Barth. Planning Magazine: pp. 16-17. (April 2016)
Library Location: Serials
"HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.)
By Karen Chapple (2011)
UC Berkeley: IURD Policy Brief.
Library Call # D44 1.2 H53 2011
California's implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting
new pressure on communities to support infill development. As metropolitan planning organizations struggle to
communicate the need for density, they should take note of strategies that make increasing density an attractive
choice for neighborhoods and regions.
HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS. Backyard cottages as an equitable smart
growth strategy (22 pp.)
By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014)
Abstract(not available in full text): Secondary units, or separate small dwellings embedded within single-family
residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in
the United States. This study, which is situated within California's San Francisco Bay Area, draws upon data
collected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled-up strategy
emphasizing one type of secondary unit—the backyard cottage—could yield substantial infill growth with minimal
public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the
sort traditionally favored in the 'smart growth' literature, i.e. the construction of dense multifamily housing
developments.
RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
ADUS AND LOS ANGELES' BROKEN PLANNING SYSTEM (4 pp.)
By CARLYLE W. Hall. The Planning Report. (April 26, 2016).
Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units.
News:
HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING
By Anthony Flint. The Atlantic-CityLab. (May 17, 2016).
In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents in
already-existing accessory dwelling units.
NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.)
NLIHC (March 28, 2016)
Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor
Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory
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dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their
municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.
NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.)
By Rob Poole. Shareable. (June 10, 2014).
The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support
accessory dwelling units (ADUs), also known as"in-law" or secondary units, in the city...
USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)
By Michael Ryan. Smart Growth America. (December 12, 2014).
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2017-01, AN
AMENDMENT TO CHAPTER 17.08 (DEFINITIONS), CHAPTER 17.20
(USES BY ZONE), CHAPTER 17.28 (STANDARDS FOR SPECIFIC
USES), CHAPTER 17.32 (OFF-STREET PARKING REQUIREMENTS),
AND CHAPTER 17.36 (STANDARDS FOR SPECIFIC ZONES AND
ZONE TYPES) OF TITLE 17 (ZONING) OF THE MOORPARK
MUNICIPAL CODE TO ADDRESS CHANGES IN STATE LAW RELATED
TO ACCESSORY DWELLING UNITS AND DETERMINING THAT THIS
ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, On February 15, 2017, the City Council adopted Resolution No.
2016-3580, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation on a Zoning Ordinance Amendment to address changes in
State law related to accessory dwelling units; and
WHEREAS, at a duly noticed public hearing on May 23, 2017, the Planning
Commission considered Zoning Ordinance Amendment No. 2017-01, an amendment to
Chapter 17.08 (Definitions), Chapter 17.20 (Uses by Zone), Chapter 17.28 (Standards
for Specific Uses), Chapter 17.32 (Off-Street Parking Requirements), and Chapter
17.36 (Standards for Specific Zones and Zone Types) of Title 17 (Zoning) of the
Moorpark Municipal Code to address changes in State law related to accessory dwelling
units; and
WHEREAS, at its meeting of May 23, 2017, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments, opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and after discussion, adopted
Resolution No. PC-2017-617, recommending approval of Zoning Ordinance
Amendment No. 2017-01; and
WHEREAS, at a duly noticed public hearing on June 21, 2017, the City Council
considered Zoning Ordinance Amendment No. 2017-01, opened the public hearing and
took and considered public testimony both for and against the proposal, closed the
public hearing, and discussed and reached a decision on this matter; and
WHEREAS, the Community Development Director preliminarily determined that
this project is statutorily exempt from the provisions of the California Environmental
Quality Act pursuant to Public Resources Code Section 21080.17, which exempts the
adoption of an ordinance to implement the provisions of Government Code Section
65852.2 (Accessory Dwelling Unit Law).
47
CC ATTACHMENT 2
Ordinance No.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES
ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that this project is
statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Public Resources Code Section 21080.17, which exempts the adoption of
an ordinance to implement the provisions of Government Code Section 65852.2
(Accessory Dwelling Unit Law). No further environmental documentation is required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2017-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans, in that this ordinance
furthers one of the goals of the Land Use Element which calls for a variety of housing
types and opportunities for all economic segments of the community.
SECTION 3. The City Council hereby approves Zoning Ordinance Amendment
No. 2017-01, which amends Chapter 17.08 (Definitions), Chapter 17.20 (Uses by Zone),
Chapter 17.28 (Standards for Specific Uses), Chapter 17.32 (Off-Street Parking
Requirements), and Chapter 17.36 (Standards for Specific Zones and Zone Types) of
Title 17 (Zoning) of the Moorpark Municipal Code to address changes in State law
related to accessory dwelling units, as shown in Exhibit A attached.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
48
Ordinance No.
Page 3
SECTION 7. The City Clerk shall submit a copy of the ordinance to the Department
of Housing and Community Development within 60 days after adoption.
PASSED AND ADOPTED this day of , 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A—Zoning Ordinance Amendment No. 2017-01
49
Ordinance No.
Page 4
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2017-01
AN AMENDMENT TO CHAPTER 17.08 (DEFINITIONS), CHAPTER 17.20 (USES BY
ZONE), CHAPTER 17.28 (STANDARDS FOR SPECIFIC USES), CHAPTER 17.32
(OFF-STREET PARKING REQUIREMENTS), AND CHAPTER 17.36 (STANDARDS
FOR SPECIFIC ZONES AND ZONE TYPES) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
AMENDMENTS TO CHAPTER 17.08 (DEFINITIONS)
"Second dwelling" is deleted from, "Accessory dwelling unit" is added to, and
"Accessory structure" is amended in Section 17.08.010 (Application of definitions) as
follows:
"Second dwelling" means an attached or a detached residential dwelling unit
shall include permanent provisions for living, sleeping, eating, cooking and sanitation on
the same parcel as the existing single family dwelling is situated.
"Accessory dwelling unit" (ADU) means an attached or detached residential dwelling
unit on a lot with an existing single-family dwelling where the ADU provides complete
independent living facilities for one or more persons, including permanent provisions of
living, sleeping, eating, cooking and sanitation. An attached ADU includes an ADU
located within the living area of the existing single-family dwelling where "living area"
means the interior habitable area of a dwelling unit including basements and attics but
does not include garage or any accessory structure.
"Accessory structure" means a detached structure, not including an accessory dwelling
unit, located on the same lot as the building or use to which it is accessory, and the use
of which is customarily incidental, appropriate, and subordinate to the use of the
principal building or to the principal use of the lot.
50
Ordinance No.
Page 5
AMENDMENTS TO CHAPTER 17.20 (USES BY ZONES)
No. 3.c. in Section B. Residential Uses of Table 17.20.050 in Section 17.20.050
(Permitted uses in open space, agricultural, residential, and special purpose zones) is
amended as follows:
RPD
20U-
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD N-D TPD
B. Residential Uses
3. Dwellings, single-
family
c. Second dwelling
omits Accessory
dwelling units when in ZC ZC ZC ZC ZC ZC ZC ZC
compliance with
Chapter 17.28
AMENDMENTS TO CHAPTER 17.28 (STANDARDS FOR SPECIFIC USES)
Section G. (Second (2nd) Dwelling.) of Section 17.28.020 (Standards related to
dwellings.) is amended as follows:
G. Second (2nd) Dwelling. Accessory Dwelling Unit.
1. Standards and Requirements. An second (2nd) .Dwelling accessory
dwelling unit (ADU) as defined in Section 17.08.010 of this title, requires approval of a
zoning clearance, and compliance with all of the following standards and requirements:
a. An second (2nd) dwelling shall ADU is only be-permitted on a residentially
zoned lot that has one existing single-family dwelling, and the lot that-is one fourth (1/4)
- - - - - -- • .
be a lot which conforms to the minimum lot width, depth and size of the zone in which it
is located.
b. The e a second (2nd) .Dwelling The existing single-family dwelling
must be - -" e• - - - - • - - ••* " - ••• - .- -•
owner-occupied at the time of application for a zoning clearance and building permit for the
second (2nd` ''swelling construction of an ADU. Once the ADU is constructed, the property
owner must occupy either the primary residence or the ADU. A covenant shall be recorded
in the County Clerk's office declaring that the property owner must occupy either the
primary residence or the ADU.
c. The maximum size of the second (2nd) dwelling shall be no larger than
the primary dwelling and shall be limited to the following lot size limitations: An attached
ADU must not exceed 50% of the floor area of the existing single-family dwelling or
1,200 square feet, whichever is less.
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Ordinance No.
Page 6
Let-Size nMax 2nd i nit Size
in sq.ft.
10,890 21,780 sq. ft. 800
21,781 43,560 sq. ft. 900
1 5 acres 1,000
5 acres 1,100
d. A detached ADU shall be limited to the following gross floor area:
Lot Size Maximum Unit Size in Square Feet
Gross Floor Area
Under 1 acre 800
1 acre or greater 1,200
de. No more than one (1) second (2nd) dwelling ADU is allowed on each lot
with an existing single-family dwelling.
ef. The - _ _ _ _ . - _ _ ADU cannot be sold as a separate unit,
but it may be rented. If the ADU U is rented, a lease length of more than 30 days is required.
If the property owner chooses to occupy the ADU and rents the primary residence, a lease
length of more than 30 days is required.
fg. Establishment of an second (2nd) dwelling shall ADU cannot create or
increase a nonconforming use or structure. A second (2nd) dwelling shall not be
gh. .• - •• _ _ - _- - _ - •- _ _ _-- -- ferthe second (2nd)
_ . - _ _ • _ _ _ _ -_ _ . . _ - _ __ _ - - e the same as is required for
•• - - - - • ••• --
Section 17.36.030(B)(3)); or (ii) the setback requirements of the applicable zone district
(see Section 17.24.020). The minimum front yard setback and street side yard setback
for an ADU is the same as the underlying zone or the requirements of an approved
residential planned development (RPD) permit, whichever is applicable to the lot. The
minimum interior side yard setback and rear yard setback for an ADU is 5 feet. An ADU
that is constructed above an existing garage must have a minimum setback of 5 feet
from the side and rear lot lines. No minimum zoning setback is required for an existing
garage that is converted to an ADU, but it must comply with all applicable building and
fire codes. A minimum of 400 square feet of landscaped area (including uncovered
patios but not including areas within required setbacks) must be maintained in the rear
yard.
hi. Architectural standafd-s design of the - _ _ _ _ . - _ a. _ _ -•
to ADU must be compatible with the existing single-family dwelling through use of the
- _ _ _ _ '- - _. _ _ _ --, - - _ , - _ - . - _ __ _ with building form, height, roof
style and pitch, materials, color, and architectural details consistent with the existing
single-family dwelling. The roof material used for the second (2nd) dwelling shall ADU
52
Ordinance No.
Page 7
must be equal to or of higher quality than that used for the existing single-family
dwelling.
L The ADU must not exceed two-stories and must be no taller than 24 feet
in height, except when incorporated into the existing floor area of the existing single-
family dwelling, in which case the ADU must not exceed the height of the existing
single-family dwelling.
ik. The only accessory structures that may be attached to, or share a
common wall with, a detachedsecond (2nd) dwelling ADU are a garage or carport.
}I. The following parking standards shall apply.;
k. The number of parking spaccs required shall be as follows:
(i) One (1) covered or uncovered parking space is required
{1) bedroom units for each bedroom in the ADU, with a minimum of one (1) space for
the ADU if it has no bedroom This required parking is in addition to the required parking
for the existing single-family dwelling on the same lot.
fill Parking is not required for an ADU that is:
1) Located within one-half mile of public transit (bus stop or a train
station);
2) Located within a designated architecturally or historically significant
district;
3) Part of the existing primary residence or an existing accessory
structure (e.g., basement or garage conversion)
4) Located within one block of a car share vehicle; or
5) Located in an area where the city requires on-street parking permits
but does not offer the permits to the ADU occupants.
(ii) Two (2) covered or uncovered parking spaces for two (2) bedroom units.
standards applicable to the existing dwellings.
(Alii) The size of°Each required off-street parking space shall for the ADU must
be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long with a
minimum ten (10)-foot wide driveway. The parking space and driveway must be paved.
Required parking for the ADJJ can be covered, uncovered, tandem within a garage or
driveway, or provided by the use of a mechanical automotive parking lift within a garage
structure. No setback is required for tandem parking within an existing driveway, but the 53
Ordinance No.
Page 8
parking space must be entirely on the lot on which the existing single-family dwelling
and ADU are located.
(iv) If required parking for the existing single-family dwelling is removed in
conjunction with the construction of an ADU, the removed spaces must be replaced with
an equal number of spaces, which may be covered, uncovered, tandem within a garage
or driveway, or provided by the use of a mechanical automotive parking lift within a
garage structure.
(B) The parking space(s) provided for the second (2nd) dwelling shall not be
■
at least ten (10) feet wide and paved.
Im. The community development director may approve the use of a
neb+lehome mobile home or a manufactured house on a fixed foundation as an second
(2nd) swelling ADU, if the design is compatible with the existing single-family dwelling
and the surrounding community, and when it is in compliance with all of the medileherae
mobile home and manufactured housing standards of subsection (C) of this section.
n. Notwithstanding any other provision of this section, an ADU that satisfies
all of the following requirements shall be approved ministerially with a zoning clearance
and building permit:
a. It is located on a lot zoned single-family residential;
b. It is the only ADU on the lot;
c. It is contained within the existing space of an existing residence or
accessory structure;
d. It has independent exterior access; and
e. It has side and rear setbacks sufficient for fire safety.
54
Ordinance No.
Page 9
AMENDMENTS TO CHAPTER 17.32 OFF-STREET PARKING REQUIREMENTS
No. 8 of Section B of Section 17.32.020 (Required parking.) is amended as follows:
Minimum Parking Required Based on Gross Floor
Use Area of Building (Unless Otherwise Stated)
B. Residential: Handicap parking must be provided where required by the California Accessibility Code
8. Second dwelling units Accessory dwelling See Section 17.28.020(G)
units
AMENDMENTS TO CHAPTER 17.36(STANDARDS FOR SPECIFIC ZONES AND
ZONE TYPES)
Section A. (General Standards.) of Section 17.36.020 (Standards for open space,
agricultural and residential zones.) is amended as follows:
A. General Standards. The following standards shall apply to development in all O-S,
A-E and R-Zones:
1. Except as otherwise provided in this title, there shall be not more than one (1)
principal residential structure on any lot. Not more than two (2) dwellings of any type
shall be constructed on any lot in the R-2 zone.
2. Day care facilities See Section 17.38.230.
32. No accessory structure other than an seGen44welling accessory dwelling unit,
temporary mobile home/recreational vehicle during construction or a farm worker
dwelling may be used for human habitation.
-END-
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