HomeMy WebLinkAboutItem No. 2 - Urgency Ord for ADUs
DATE: November 26, 2019
TO: Honorable Chair and Planning Commission
FROM: Lisa Flores, Planning & Community Development Administrator
SUBJECT: RESOLUTION NO. 2044 – RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN URGENCY ORDINANCE AMENDING VARIOUS
SECTIONS OF THE ARCADIA DEVELOPMENT CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE IS
CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
Recommendation: Adopt Resolution No. 2044
SUMMARY
The proposed urgency ordinance amends various sections of the Arcadia Development
Code, Article IX of the Municipal Code, under Text Amendment No. 19-02 to impose
new limits on local authority to regulate accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”) in compliance with the provisions of Government
Code sections 65852.2 and 65852.22 as amended by recent approved legislation that
will take effect on January 1, 2020.
It is recommended that the Planning Commission adopt Resolution No. 2044 (refer to
Attachment No. 1) recommending that the City Council adopt an urgency ordinance
amending various sections of the Arcadia Development Code relating to accessory
dwelling units and junior accessory dwelling units and that the ordinance is
Categorically Exempt under the California Environmental Quality Act (CEQA).
BACKGROUND
Accessory Dwelling Units (ADUs), also known as second units, granny flats, in -law
suites, or guest houses, are secondary homes on a prope rty already containing an
established primary dwelling. Such units are defined generally as independent, self -
contained dwelling units with kitchen and bathroom facilities.
Resolution No. 2044 - ADUs
Citywide Urgency Ordinance
November 26, 2019
Page 2 of 6
California’s second-unit law was first enacted in 1982 in California Government C ode
Section 65852.2, and was significantly amended in 2002 , with AB 1866, to encourage
the creation of second-units while maintaining local control and flexibility. In general, the
purpose of the State’s second-unit law is to provide for additional housing opportunities
in an efficient, affordable, sustainable manner. The intent is to remove barriers, and
ensure that local regulations are not, “. . . so arbitrary, excessive, or burdensome so as
to unreasonably restrict the ability of homeowners to create ac cessory dwelling units in
zones in which they are authorized by local ordinance.” (California Department of
Housing and Community Development Memorandum - December 2016).
The rising cost of housing and the lack of availability of a variety of affordable housing
types has been extensively discussed by the State Legislature in recent years, with the
shortage of affordable housing emerging as a critical issue. As part of these
discussions, the State of California and other housing advocacy groups have come to
view ADUs as an important affordable housing option. In 2014, the State enacted
legislation is to provide additional opportunities for affordable housing in California and
further reduce barriers to development of ADUs. The existing ADU law includes seve ral
provisions that limit a local jurisdiction’s ability to regulate m any aspects of ADUs. The
City of Arcadia has updated its Ordinances over time to keep pace with the continued
changes to ADU requirements, and to retain as much local control as is perm issible.
In 2019, the California Legislature approved, and the Governor signed into law a
number of bills (“New ADU Laws”) that, among other things, amended Government
Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The
new ADU Laws take effect January 1, 2020, and if the City’s ADU ordinance does not
comply with the New ADU Laws, the City’s ordinance becomes null and void on that
date as a matter of law.
PROPOSAL
The proposed ordinance amends the City’s local regulatory scheme for the construction
of ADUs and JADUs to comply with the amended provisions of Government Code
sections 65852.2 and 65852.22.
Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended)
as of January 1, 2020 renders the City’s ordinance regulating ADUs and JADUs null
and void, thereby limiting the City to the application of the few default standards
provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs
and JADUs. The approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods,
and negatively impact property values, personal privacy, and fire safety.
Resolution No. 2044 - ADUs
Citywide Urgency Ordinance
November 26, 2019
Page 3 of 6
The attached resolution and the draft ordinance (Exhibits “A” Attachment No. 1) include
changes to Divisions 2, 3, 7, and 9 of the Arcadia Development Code substantially in
the form attached. The proposed changes are shown with “strikethrough” for language
to be deleted, and the new regulations are shown in red text.
The ADU code amendments are proposed for adoption by urgency ordinance, in
accordance with Government Code section 36937, subdivision (b), in order to place the
standard in effect by the time the law becomes effective on January 1, 2020.
ANALYSIS
The text of California Government Code Section 65852.2 , with AB 881, SB 13, and AB
68(1) incorporated, is provided as Attachment No. XX? In reaction to the California
housing crisis, the legislature passed a handful of new laws that further limit local
regulations of accessory dwelling units, or ADUs. The Legislature’s goal is to accelerate
ADU development throughout the State. Historically, an ADU is a second small
residence on the same grounds as a single-family home, such as a back house. Nearly
every city and county in the State is required to amend its ADU ordinance in time to take
effect before January 1, 2020, or the ordinance will be null and void and the local
agency will have to approve ADUs ministerially without applying any architectural,
landscaping, zoning or development standard.
Some of the more significant changes in the State law are as follows:
1. The City/County can no longer require a minimum lot size.
2. ADUs are now allowed on lots with multifamily dwellings (not just single -family
dwellings on single-family zoned lots).
3. A City may not require a side or rear yard setback that is greater than 4’-0” for a
detached ADU.
4. There are fewer opportunities to regulate the size of the ADU. The maximum size
must be at least 850 square feet for attached and detached studio and one -
bedroom ADUs, and at least 1,000 square feet for two or more bedrooms. In
practice, an ADU might be limited to less than these maximums because of other
development standards such as floor area ratio and lot coverage. However, there
is another provision that prohibits the application of any standard that wo uld not
allow for at least an 800 square foot ADU.
5. Converted ADUs may include an expansion to the existing structure of up to 150
square feet for ingress and egress.
Resolution No. 2044 - ADUs
Citywide Urgency Ordinance
November 26, 2019
Page 4 of 6
6. Cities may no longer require replacement parking when a garage is converted to
an ADU.
7. Cities must ministerially approve a compliant ADU, and a junior ADU as well,
within 60 days of receiving a complete application – a decrease from 120 days.
But the city may extend that time if an applicant requests it.
8. Any new primary dwelling that requires a discretionary review may still be
subjected to the normal discretionary process, and consideration of an ADU on
the same lot may be delayed until the primary dwelling is approved. But , the ADU
decision must remain ministerial.
9. Cities now have to approve new ADUs with only a building permit (including
converted ADUs), without applying any standard except for 4-foot setbacks and
that the structure does not exceed 16 -feet in height, if the ADU is 800 square feet
or less.
10. Impact fees are prohibited on ADUs that are 800 square feet or smaller.
Given these new requirements, the City is proposing objective design standards to
satisfy the statutory requirements limiting city discretion in approving accessory dwelling
units. The list includes architectural, landscape, and other objective standards (refer to
Exhibit A of Resolution No. 2044).
FINDINGS
The Planning Commission recommends the City Council find that the ordinance will:
1. The proposed amendment is consistent with the General Plan and any
applicable specific plan(s).
Facts to Support the Finding: The proposed text amendment is consistent with
the General Plan as the purpose of the proposed ordinance is to comply with the
amended provisions of Government Code sections 65852.2 and 65852.22.
Additionally, the amendment and ordinance will continue to promote high quality
design in buildings and neighborhoods to the extent feasible. The ordinance has
been written to reinforce this goal and provide general standards for the
development of accessory dwelling units and junior accessory dwelling units
throughout the City. The proposed ordinance does not otherwise conflict with any
of the General Plan’s goals or policies.
Resolution No. 2044 - ADUs
Citywide Urgency Ordinance
November 26, 2019
Page 5 of 6
2. The proposed amendment is internally consistent with other applicable
provisions of this Development Code.
The proposed text amendment includes codifying development standards for
accessory dwelling units and junior accessory dwelling units in compliance with
new state law. The amendment replaces existing language within the Development
Code that heretofore was compliant with state law. The new development
standards and regulations for accessory dwelling units and junior accessory
dwelling units are consistent with the remainder of the regulations for development
and construction in residential zones throughout the City.
ENVIRONMENTAL ANALYSIS
Under California Public Resources Code section 21080.17, the California Environmental
Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county
implementing the provisions of section 65852.2 of the Government Code, which is
California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the
proposed ordinance implements the State’s ADU law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA
Guidelines section 15303 (refer to Attachment No. 4). The Class 3 exemption
categorically exempts from CEQA, among other things, the construction and location of
new, small structures and the conversion of existing small structures from one use to
another. Section 15303 specifically lists the construction of appurtenant accessory
structures and garages as examples of activity that expressly falls within this exemption.
Here, the ordinance is categorically exempt under the Class 3 exemption because the
ordinance regulates the conversion of existing structures into, and the new constru ction
of, ADUs and JADUs, which are, by definition, structures that are accessory to a
primary dwelling on the lot. Findings related to the Class 3 exemption are also listed in
Resolution No. 2044.
PUBLIC COMMENTS/NOTICE
A public hearing notice for this item was published in the Arcadia Weekly on Thursday,
November 14, 2019. During the notification period, the City received one comment letter
from the Californians for Homeownerships (refer to Attachment No. 3).
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2044
recommending that the city council adopt an urgency ordinance amending various
sections of the Arcadia Development Code relating to accessory dwelling units and
Resolution No. 2044 - ADUs
Citywide Urgency Ordinance
November 26, 2019
Page 6 of 6
junior accessory dwelling units and determining the ordinance is Categorically Exempt
under the California Environmental Quality Act (CEQA).
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2044
Exhibit “A” – Proposed Text Amendments to the Development
Code Relating to Accessory Dwelling Units
Attachment No. 2: Draft Urgency Ordinance
Attachment No. 3: Letter from Californians for Homeownership
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Resolution No. 2044 with Proposed Text
Amendments to the Development Code Relating to
Accessory Dwelling Units
RESOLUTION NO. 2044
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE TEXT AMENDMENT NO. 19-02, AND ADOPT AN URGENCY
ORDINANCE AMENDING VARIOUS SECTIONS OF THE ARCADIA
DEVELOPMENT CODE, ARTICLE IX OF THE MUNICIPAL CODE,
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DW ELLING UNITS AND DETERMINING THAT THE
ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to
provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“New ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws take effect January 1, 2020, and if the City’s ADU
ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null
and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, failure to comply with Government Code sections 65852.2 and
65852.22 (as amended) as of January 1, 2020 r enders the City’s ordinance regulating
ADUs and JADUs null and void, thereby limiting the City to the application of the few
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default standards provided in Government Code sections 65852.2 and 65852.22 for the
approval of ADUs and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods, and
negatively impact property values, personal privacy, and fire safety; and
WHEREAS, staff and the City Attorney prepared the proposed Text Amendment
No. 19-02 related to ADUs and JADUs, including the proposed language and terminology,
which is attached to this Resolution as Exhibit “A”; and
WHEREAS, on November 14, 2019, the City gave public notice of the public
hearing for the proposed amendment by publishing in a newspaper of general circulation
of a Planning Commission public hearing at which the ordinance would be considered;
and
WHEREAS, on November 26, 2019, the Planning Commission held a duly-noticed
public hearing and considered the staff report, recommendations by staff, and public
testimony concerning the proposed amendment; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
been fulfilled.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
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Government Code, which is California’s ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the proposed amendment and ordinance is
statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU
law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA
Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA,
among other things, the construction and location of new, small structures and the
conversion of existing small structures from one use to another. Section 15303
specifically lists the construction of appurtenant accessory structures and garages as
examples of activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs,
which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3
exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically,
the Planning Commission recommends the City Council find that the ordinance will:
1. Not result in the construction of ADUs or JADUs within a particularly
sensitive environment because these accessory structures will necessarily be built on a
lot already developed with a primary dwelling;
2. Not result in a potentially significant cumulative impact because accessory
dwelling units and junior accessory dwelling units are affirmatively permissible in
residential zones per state law. Further, single family homes are exempt from CEQA per
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Categorical Exemption and accessory dwelling units and junior accessory dwelling units
are allowable on all such lots per state law.
3. Not result in a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances due to the fact that general there
are no unique circumstances present in Arcadia’s residential zones, as all properties
subject to new accessory dwelling units or junior accessory dwelling units have been
previously developed with primary dwelling units on the same lot. Per CEQA, all primary
dwelling units and accessory structures are exempt;
4. Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway in that there are no residential properties located
adjacent to a state scenic highway in the City of Arcadia, nor are there identified rock
outcroppings or similar resources that could be disturbed. In the case of protected trees
and historic buildings, the City has respective ordinances addressing both of these issues.
Any accessory dwelling unit or junior accessory dwelling unit that could potentially impact
either a protected tree or historic building would be subject to the required applications
and review processes already in place for such resources;
5. Not be located on a hazardous waste site included on any list compiled
pursuant to § 65962.5 of the Government Code and there is no property zoned for
residential development located on a hazardous waste site; or
6. Not result in a substantial adverse change in the significance of a historical
resource in that historic resources are subject to a review and permitting process separate
from regulations related to accessory dwelling units and junior accessory dwelling units.
If an accessory dwelling unit or junior accessory dwelling unit were to impact a historic
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resource, the project would be subject to the required application an d review process
already in place for such resources.
SECTION 2. The Planning Commission finds, based on the entire record, and all
written and oral evidence presented, as follows:
1. The proposed amendment and ordinance is consistent with the City’s
adopted General Plan and any applicable specific plan(s).
FACT: The proposed text amendment and ordinance will be consistent with the
General Plan as the purpose of the proposed ordinance is to comply with the amended
provisions of Government Code sections 65852.2 and 65852.22. Additionally, the
amendment and ordinance will continue to promote high quality design in buildings and
neighborhoods to the extent feasible. The ordinance has been written to reinforce this
goal and provide general standards for the development of accessory dwelling units and
junior accessory dwelling units throughout the City. The proposed ordinance does not
otherwise conflict with any of the General Plan’s goals or policies .
2. For Development Code amendments only, the proposed amendment is
internally consistent with other applicable provisions of this Development Code.
FACT: The proposed text amendment includes codifying development
standards for accessory dwelling units and junior accessory dwelling units in compliance
with new state law. The amendment replaces existing language within the Development
Code that heretofore was compliant with state law. The new development standards and
regulations for accessory dwelling units and junior accessory dwelling units are
consistent with the remainder of the regulations for development and construction in
residential zones throughout the City.
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SECTION 3. The Planning Commission hereby recommends that the City Council
adopt the attached proposed urgency ordinance (Attachment A) entitled: ORDINANCE
NO. 2369, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA APPROVING TEXT AMENDMENT NO. 19-02 AND AMENDING VARIOUS
SECTIONS OF DIVISIONS 2, 3, 7, AND 9 OF THE ARCADIA DEVELOPMENT CODE,
ARTICLE IX OF THE MUNICIPAL CODE, RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
SECTION 4. The proposed ordinance entitled: ORDINANCE NO. 2369, AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
APPROVING TEXT AMENDMENT NO. 19-02 AND AMENDING VARIOUS SECTIONS
OF DIVISIONS 2, 3, 7, AND 9 OF THE ARCADIA DEVELOPMENT CODE, ARTICLE IX
OF THE MUNICIPAL CODE, RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) is on
file and has been available for public review for at least ten days prior to the d ate of this
Resolution, in the Planning Division of the Development Services Department, at Arcadia
City Hall, 240 W. Huntington Drive, Arcadia, California.
SECTION 5. The Secretary shall certify as to the adoption of this Resolution.
(SIGNATURES ON NEXT PAGE)
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Passed, approved and adopted this _____ day of _____________, 2019.
____________________
Deborah Lewis
Chair, Planning Commission
ATTEST:
______________________
Lisa L. Flores
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
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EXHIBIT “A”
Text Amendments to the Development Code - ADUs
Division 2:
Zones, Allowable Uses, and Development Standards
Section 9102.01 – Residential Zones
9102.01.020 Land Use Regulations and Allowable Uses
Amended by Ord. No. 2347
Amended by Ord. No. 2348
A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses
allowed within each residential zone and any permits required to establish the use, pursuant to Division 7 (Permit
Processing Procedures). The regulations for each zone are established by letter designations as follows:
“P” represents permitted (allowed)
uses. “A” represents accessory uses.
“M” designates uses that require the approval of a Minor Use Permit subject to requirements of
Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code.
“C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section
9107.09
(Conditional Use Permit and Minor Use Permit) of this Development
Code. “--” designates uses that are not permitted.
Table 2-1
Allowed Uses and Permit
Requirements for Residential Zones
P Permitted
A Permitted as an Accessory Use
M Minor Use Permit Required
C Conditional Use Permit Required
-- Not Allowed
Land Use
R-M
R-0
R-1
R-2
R-3
R-3-R Specific Use
Regulations
Residential Uses
Boarding House -- -- -- -- -- --
Dwellings
Single-Family Dwelling
P
P
P
P
P
--
See required minimum
density (Section
9102.01.090, Table 2-6
and) Subsection
9102.01.100.A
(Exceptions to Minimum
Density in R-2 and R-3)
Multifamily Dwelling -- -- -- P P P
Two-Family Dwelling -- -- -- P P P
Table 2-1
Allowed Uses and Permit
Requirements for Residential Zones
P Permitted
A Permitted as an Accessory Use
M Minor Use Permit Required
C Conditional Use Permit Required
-- Not Allowed
Land Use
R-M
R-0
R-1
R-2
R-3
R-3-R Specific Use
Regulations
Accessory Dwelling Unit
A
A
A
A
A
A
Only permitted as an
accessory use on multi-
family zoned properties
which are currently
improved with no more
than one single-family
dwelling unit. See also
Subsection 9102.01.080
(Accessory Dwelling
Units)
9102.01.060 Accessory Structures in Single-Family Residential Zones
Amended by Ord. No. 2347
Accessory structures, as defined in Division 9 (Definitions) of this Development Code, but excluding required garages,
are allowed in residential zones and are subject to the development standards set forth in Table 2-5 (Development
Standards for Accessory Structures in the R-M, R-0, and R-1 Zones). Accessory dwelling unit regulations are
set forth in Subsection
9102.01.080 (Accessory Dwelling Units). Any allowable accessory structure that does not require a building permit shall
meet the requirements of this Development Code for use, placement on the lot, height, and size. The construction
and/or relocation of an accessory structure shall require review and approval per the Site Plan and Design Review, as
set forth in Section 9107.19 (Site Plan and Design Review).
A. Restrictions on Number and
Use
1. Primary Building Required. An accessory structure(s) is allowed onsite only when there is a primary dwelling
on site.
2. Number Allowed. A maximum of three detached accessory structures are allowed on any one lot, including
accessory dwelling units.
3. Kitchen. No kitchen is allowed within the accessory structure.
4. Bathroom. The accessory structure may contain a sink, a toilet and/or a shower.
5. Rooms. No more than one room is allowed within the accessory structure, aside from a bathroom containing
a sink, toilet and/or a shower.
6. Covenant Required. A covenant approved as to form by the City shall be recorded prior to the issuance
of any building permit for any accessory structure stating that the accessory structure will not be used for
overnight stay, rented, or used as a dwelling unit.
B. Development Standards
1. General Standards. Accessory structures shall comply with the development standards set forth in
Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones).
2. Consistent Exterior Appearance. All accessory structures on a permanent foundation shall be consistent in
exterior appearance with the primary structure through the use of similar/matching exterior paint colors,
material types, and architectural styles.
Table 2-5
Development Standards for Accessory Structures in
the R-M, R-0, and R-1 Zones (1)
Development Feature R-M R-0 R-1 Additional Requirements
Minimum Setbacks
Side 10 ft Same as dwelling
requirement
Same as dwelling
requirement
Reverse Corner (street side)
20 ft
Same as dwelling
requirement
Same as dwelling
requirement
For exceptions refer to
Subsection 9102.01.040.D
(Exceptions to Rear
Rear
10 ft
10 ft
10 ft
Setbacks on Corner and
Reverse Corner Lots in R-0
and R-1 Zones-Attached
Single-Story Garage)
Maximum Lot Coverage 25 % of required rear
yard
25 % of required
rear yard
25 % of required rear
yard
Maximum Number of
Stories
One story
One story
One story
Minimum Distance
Between Structures
6 ft
6 ft
6 ft
Maximum Height
16 ft and cannot
exceed the maximum
height of dwelling
16 ft and cannot
exceed the
maximum height
of dwelling
16 feet and cannot
exceed the
maximum height of
dwelling
See Subsection
9103.01.050 (Height
Measurements and
Exceptions) and
9102.01.040.E (Height
Exception for Chimneys and
Roof-Mounted Vents).
Minimum Encroachment Plane
Front Property Line 40 degrees 30 degrees 30 degrees
Interior Rear and/or Interior
Side
N/A
N/A
N/A
Street Side (Reverse
Corner) Property Lines
N/A
40 degrees
40 degrees
Notes:
(1) Accessory dwelling units are subject to the development standards in Subsection 9102.01.080.
9102.01.080 Accessory Dwelling Units
Amended by Ord. No. 2347 Repealed and Amended by Ord. No. 2369
Accessory dwelling units, as defined in Division 9 (Definition) of this Development Code, are allowed in the R-0, R-1
and R-M, R-
2, and R-3 zones if the lot is currently improved with only one dwelling unit. Accessory dwelling units are subject to
all development standards for the underlying zoning of the property, as set forth in Table 2-2 (Development Standards
for Single- Family Residential Zones) or in Table 2-6 (Development Standards for Multiple-Family Residential Zones)
unless otherwise specified in Subsection 9102.01.080.B.
A. Development Standards
1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the
development standards (setbacks, lot coverage and height, encroachment plane, etc.). that apply to the
primary residence. All accessory dwelling units shall be clearly subordinate in location and size to the primary
structure and consistent in exterior appearance with the primary structure through the use of similar/matching
exterior paint colors, material types, and architectural styles. Accessory dwelling units shall have
independent exterior access. An accessory dwelling unit is allowed on a site only when a primary residence
exists.
2. Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family
dwelling exists on the lot or will be constructed in conjunction with the accessory dwelling unit. An
accessory dwelling unit may be either attached to the existing dwelling unit, 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. and in all cases shall be located behind the rear building line of the primary structure. A junior
accessory dwelling unit may only be located within an existing or proposed single family
structure. For the purpose of this Section, “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.
3. Maximum Floor Area and Lot Coverage. No accessory dwelling unit may cause the total Floor Area Ratio
(FAR) of the lot to exceed 45%. No accessory dwelling unit may cause the lot coverage of the lot to exceed
50%.
4. Minimum Open Space. No ADU to this Section may cause the total percentage of open space of the lot to fall
below 50 percent, subject to subsection 3(c).
Accessory dwelling units that are contained within the existing space of a single-family dwelling or existing
accessory structure shall have a floor area of not more than 50 percent of the size of the existing primary
residence, but in no case shall exceed 1,200 square feet. For newly constructed attached or detached
accessory dwelling unit the maximum sizes are as follows:
a. Eligible properties up to 7,500 square feet in area: An attached or detached ADU shall have a floor
area of not more than 50 percent of the size of the existing primary residence, but in no case shall exceed
800 square feet
b. Eligible properties between 7,501 and up to 15,000 square feet in area: An attached or detached
ADU shall have a floor area of not more than 50 percent of the size of the existing primary residence, but
in no case shall exceed 1,000 square feet.
c. Eligible properties greater than 15,00 square feet in area: An attached or detached ADU shall have a
floor area of not more than 50 percent of the size of the existing primary residence, but in no case shall
exceed 1,200 square feet.
5. Maximum Size
a. Accessory Dwelling Unit. The maximum size of detached or attached accessory dwelling unit is 850
square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No
more than two bedrooms are allowed.
b. Junior Accessory Dwelling Unit. The maximum size within an existing or proposed single-family
dwelling is 500 square feet.
c. An attached accessory dwelling unit that is created on a lot within an existing primary dwelling is further
limited to 50 percent of the floor area of the existing primary dwelling.
d. Application of other development standards, such as FAR or lot coverage, might further limit the size
of the accessory dwelling unit, but no application of FAR, lot coverage, or open space requirements
may require the accessory dwelling unit to be less than 800 square feet.
6. 4. Maximum Height and Story. A detached accessory dwelling unit shall be limited to a height of one-story,
shall not exceed 16 feet in height, and shall not exceed the height of the primary residence.
a. A single-story attached or detached accessory dwelling unit may not exceed 16 feet in height,
measured to the top of the roof ridge.
b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary
residence.
c. A detached accessory dwelling unit may not exceed one story.
7. 5. Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking
space or one on-site parking space per bedroom, whichever is greater (covered or uncovered). The
uncovered parking space shall be located on a paved surface, and may be provided in the setback
areas or as tandem parking. Additional parking standards shall not be imposed on an accessory dwelling unit
in Section 9103.01.050. The covered enclosed parking space/garage shall conform to Section 9103.07 (Off-
Street Parking and Loading).
No replacement is required when a garage, carport, or covered parking structure is demolished in conjunction
with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street
parking spaces are not required to be replaced.
6. Maximum Number of Accessory Dwelling Units. Not more than one accessory dwelling unit shall be allowed
on any one lot.
7. Occupancy. The property owner shall occupy either the primary dwelling or accessory dwelling unit.
8. Vacant Sites. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the
primary residence. However, no certificate of occupancy may be issued unless and until a certificate of
occupancy is issued for the primary residence.
9. 8. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary residence is also
required to have fire sprinklers.
10. Utility Connections. A separate address and utility connections directly between the accessory dwelling unit
and the utility are required, unless the unit is contained within the existing living area of a single-family
residence, has independent exterior access from the existing residence, and the side and rear setbacks are
sufficient for fire safety, as determined by the Building Official. The connection shall be subject to a connection
fee or capacity charge, or both, proportionate to the burden of the proposed unit, based on either its size or
the number of its plumbing fixtures, upon the water or sewer system.
11. No passageway or walkway is required for the construction of an accessory dwelling unit. For the
purposes of this Section, a passageway is a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of an accessory dwelling unit.
B. Permit Procedures for Accessory Dwelling Units and Junior Accessory Dwelling Units.
If the an accessory dwelling unit does not qualify for a Building Permit Only, the procedures specified in Subsection
9102.01.080.B.2, shall be followed.
1. Building Permit Only. An accessory dwelling unit or junior accessory dwelling unit is only subject to a building
permit when it is proposed on a residential or mixed use zone and meets one of the following scenarios:
A. Converted Accessory Dwelling Unit in Single-Family Zones: Only one accessory dwelling unit or junior
accessory dwelling unit on a lot with a proposed or existing single family dwelling on it, where the accessory
dwelling or junior accessory dwelling unit:
1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing
single-family dwelling; or within the existing space of an accessory dwelling, plus up to 150 additional
square feet if the expansion is limited to accommodating ingress and egress.
2. Has exterior access that is independent of that for the single-family dwelling.
3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
B. Detached Accessory Dwelling Unit: One detached, new construction of an accessory dwelling unit on a lot
with a proposed or existing single-family dwelling (in addition to any junior accessory dwelling unit that might
otherwise be established on the lot under Subsection A), if the detached accessory dwelling unit satisfies the
following limitations:
1. The side and rear yard setbacks are at least four (4) feet.
2. The total floor area is 800 square feet or less.
3. The structure does not exceed 16 feet in height and one-story.
C. Converted Accessory Dwelling Unit in Multifamily Zones: Multiple accessory dwelling units within portions
of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage
rooms, boiler rooms, passageways, attics, basements, or garages, may be converted into an accessory
dwelling unit if it complies with the state building standards for dwellings. Only one (1) converted accessory
dwelling unit is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily
dwelling units on the lot may each have a converted accessory dwelling unit.
D. Detached Accessory Dwelling Unit in Multifamily Zones: No more than two detached accessory dwelling
units may be located on a lot that has an existing multifamily dwelling if each detached accessory dwelling units
satisfies the following limitations:
1. The side and rear yard setbacks are at least four (4) feet.
2. The total floor area is 800 square feet or less.
2. . Accessory Dwelling Unit Permit
Any construction that exceeds the requirements listed above listed in Subsection 1 above (Building
Permits Only) The construction and/or relocation of an accessory dwelling unit shall require a Zoning
Clearance for an Accessory Dwelling Unit pursuant to the provisions of Section 9107.27 (Zoning
Clearance for Accessory Dwelling Units). This permit is only applicable to single-family residential use or
multifamily dwelling residential use. Except as provided in Subsection (1) below, approved applications
for an accessory dwelling unit will result in a Zoning Clearance for an Accessory Dwelling Unit.
3. Process and Timing
A. A Zoning Clearance for an Accessory Dwelling Unit permit is considered and approved ministerially,
without discretionary review or a hearing, unless the unit exceeds the code requirements (e.g. FAR)
and is subject to a Variance.
B. The City must act on an application within 60 days from the date the City receives a completed
application, unless either:
1. The Applicant requests for a delay, in which case the 60 day time period is tolled for the period of
the requested delay, or
2. A junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the City may delay acting on the permit application until the City acts on the
application for the new single-family dwelling, but the application to create the junior accessory
dwelling unit is still considered ministerially without discretionary review or a hearing.
A covenant is required as specified in Subsection 9102.01.080.C, and shall be recorded prior to the issuance of a
building permit.
1. Streamlined Approval: An accessory dwelling unit within a single-family residential zone is exempt from a
Zoning
Clearance if the proposed accessory dwelling unit is:
a. The only accessory dwelling unit located on the lot;
b. Contained within the existing space of a single-family dwelling or accessory structure;
c. Has independent exterior access from the existing residence; and
d. Has side and rear setbacks in compliance with the State Building Code
2. If all of the requirements of Section 9102.01.080. A.1 are met, then
a. Shall install fire sprinklers in the accessory dwelling unit if the primary residence is also required to
have fire sprinklers;
4. Covenant Required. An accessory dwelling unit is not intended for sale separate from the main
dwelling unit and lot or to be used as a short term rental (terms less than 30 days). A covenant in
a form approved by the City Attorney shall be recorded for each accessory dwelling unit specifying
its size and attributes, and requiring that the accessory dwelling unit shall not be sold independently
of the main dwelling unit and lot and that no more than one lease agreement for terms of no less than
30 days may be entered into at any time. The covenant shall also specify that the property owner must
occupy either the primary dwelling or accessory dwelling unit.
5. Deed Restriction. A deed restriction is only required for an accessory dwelling unit or junior accessory
dwelling unit that is 800 square feet or larger. Prior to issuance of a building permit for an accessory
dwelling unit or junior accessory dwelling unit, a deed restriction must be recorded against the title of
the property at the L.A. County’s Recorder Office and a copy filed with the Director. The deed restriction
must run with the land and bind all future owners. The form of the deed restriction will be provided by
the City and must include the following:
a. The accessory dwelling unit or junior accessory dwelling unit may not be sold separately from the
primary dwelling.
b. The accessory dwelling unit or junior accessory dwelling unit is restricted to the approved size and
to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the accessory dwelling unit or junior
accessory dwelling unit, as evidenced by, for example, removal of kitchen facilities. To remove
the deed restriction, an owner may submit a written request to the Director, providing evidence
that the accessory dwelling unit or junior accessory dwelling unit has been eliminated. The Director
may then determine whether the evidence supports the claim that the accessory dwelling unit or
junior accessory dwelling unit has been eliminated. An appeal may be filed of the Director’s
determination of Section 9108.07 (Appeals). If the accessory dwelling unit or junior accessory
dwelling unit is not entirely physically removed, but is only eliminated by virtue of having a
necessary component of an unit removed, the remaining structure and improvements must
otherwise comply with the applicable provisions of this Development Code.
e. The deed restriction is enforceable by the Director, or designee, for the benefit of the City. Failure
of the property owner to comply with the deed restriction may result in legal action against the
property owner, and the City is authorized to obtain any remedy available to it at law or equity,
including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling
unit or junior accessory dwelling unit in violation of the recorded restrictions or abatement of the
illegal unit.
C. Impact Fees.
1. Impact Fees. No impact fee is required for an accessory dwelling unit that is less than 800 square
feet in size.
2. Any impact fee that is required for an accessory dwelling unit that is 800 square feet or larger in size
must be charged proportionately in relation to the square footage of the primary dwelling (e.g. the
floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the
typical fee amount charged for a new dwelling). Impact fees does not include any connection fee or
capacity charge for water or sewer service.
D. Utility Fees.
1. Converted accessory dwelling units and junior accessory dwelling units on a single-family lot that
were approved by a building permit only are not required to have a new or separate utility connection
directly between the accessory dwelling unit or junior accessory dwelling unit and the utility, Nor is a
construction fee or capacity charge required unless the accessory dwelling unit is constructed with
a new single-family home.
2. All accessory dwelling units and junior accessory dwelling units require a new, separate utility
connection directly between the accessory dwelling unit or junior accessory dwelling unit and the
utility. The connection is subject to a connection fee or capacity charge that is proportionate to the
burden created by the accessory dwelling unit or junior accessory dwelling unit, based on either
the floor area or the number of drainage-fixture (DFU) values, as defined by the Uniform Plumbing
Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of
providing this service.
E. Owner Occupancy.
a. All accessory dwelling units that were created before January 1, 2020 are subject to the owner-
occupancy requirement that was in place when the accessory dwelling unit was created.
b. An accessory dwelling unit that is created after that date but before Janu ary 1, 2025, is not subject
to any owner-occupancy requirement.
c. All accessory dwelling units that are created on or after January 1, 2025, are subject to an owner-
occupancy requirement. A person with legal or equitable title to the property must reside on the
property as the person’s legal domicile and permanent residence.
d. All junior accessory dwelling units are subject to an owner-occupancy requirement. A person with
legal or equitable title to the property must reside on the property, in either the primary dwelling or
junior accessory dwelling unit, as the person’s legal domicile and permanent residence. However,
the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned
by another governmental agency, land trust, or housing organization.
F. Nonconforming Accessory Dwelling Units and Discretionary Approval
Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to the
objective design standards and/or exceeds the maximum size of 800 square feet for an accessory
dwelling unit on a lot that already exceeds the maximum floor area, may be considered by the City with
an Administrative Modification process in Section 9107.05.
G. Objective Design Standards for Accessory Dwelling Units
Architectural
1. The materials and colors of the exterior walls, roof, eaves, and windows and doors must match the
appearance and architectural design of those of the primary dwelling.
2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope
is the slope shared by the largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU
entrance must be located on the side or rear building façade, not facing a public-right-of-way.
5. For new detached ADUs, there must be indentations and/or projections provided that are at least 8 -inches
in depth on at least two of the exterior walls to break-up flat wall planes. The interior wall height shall be at
least seven feet tall.
6. All windows that are located 9-feet in height above the finished floor must be clerestory windows (no
dormers), and must be frosted or obscure glass.
7. A new detached ADU may not be located closer to the front property line than the primary residence.
8. On new a detached ADU, exposed gutters and downspouts are not allowed.
9. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource
listed on the federal, state, or local register of historic places must comply with all applicable ministerial
requirements imposed by the Secretary of the Interior.
Landscape
1. Landscaping around the detached ADU must be drought-tolerant or low water-using plants that utilize a
variety of drought tolerant resistant grasses, turf substitutes, or ground covers that maintain the appearance
of a living, continuous planting area, and provide screening between the ADU and adjacent parcels. Desert
landscape or rock garden designs are not allowed.
2. All landscaping utilized must be taken from the city’s approved planting materials listed in the City’s Single -
Family Design Guidelines.
Other
1. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required
for fire-apparatus access, as determined by the Fire Department.
2. Each unenclosed parking space shall be at least 10 feet in width and 20 feet in length. On multifamily and
mixed-use zoned properties, the unenclosed parking space shall be 9 feet in width and 19 feet in length.
When a parking space is adjacent to a solid wall or structure, the parking space shall be 11’-6” in width and
20 feet in length.
3. Each parking space that is provided in an enclosed garage in a single-family zoned property shall be at least
ten feet wide and twenty feet long and have at least seven and a half feet vertical clearance. On multifamily
and mixed-use zoned properties, the parking space shall be 9 feet in width and 19 feet in length.
4. On corner lots, a separate walkway from the primary residence may be allowed to the detached ADU
entrance and it must connect to the nearest pubic sidewalk or right-of-way.
5. ADUs must have clear addressing visible from the street. Addresses must be at least 4 inches high and shall
be shown on the curb next to the primary address number.
Section 9102.05 – Downtown Zones
Table 2-10
Allowed Uses and Permit
Requirements for Downtown Zones
P
A
C
M
--
(UF)
Permitted by Right
Permitted as an Accessory Use
Conditional Use Permit
Minor Use Permit
Not Allowed
Upper Floor Permitted, Not Allowed on Ground Floor
Land Use
CBD
MU
DMU
CM
Specific Use Regulations
Commercial Recreation C C C C
Karaoke and/or sing-along uses
M
M
M
C See Subsection 9104.02.190 (Karaoke
and/or Sing-Along Uses)
Health/Fitness Facilities, Small M M M M
Health/Fitness Facilities, Large M (UF) M (UF) CUP C
Indoor Entertainment C C C M
Studios – Art and Music M M M P
Residential Uses
Accessory Dwelling Unit
A
A
A
If the site currently has a
single-family dwelling or a
multifamily dwelling.
Live/Work Unit
--
M (UF)
M (UF)
-- See Subsection 9104.02.210
(Live/Work Units)
Multifamily Dwelling M M M -- Permitted only in conjunction with a
commercial use. Residential uses
are permitted above ground floor
commercial or adjacent to a
commercial development. Both uses
must be located on the same lot or
on the same project site. See
Section 9102.05.010
Supportive Housing – Housing Type M (UF) M (UF) M (UF) --
Transitional Housing – Housing Type
M (UF)
M (UF)
M (UF)
--
Short-Term Rental
--
--
--
--
No Person shall post, publish, circulate,
broadcast, or maintain any
advertisement of a Short-Term Rental
in any zone allowing residential uses.
See Section 9104.02.300
Home Sharing
--
--
--
--
No Person shall post, publish, circulate,
broadcast, or maintain any
advertisement for Home Sharing in any
zone allowing residential uses. See
Section 9104.02.300
Table 2-10
Allowed Uses and Permit
Requirements for Downtown Zones
P
A
C
M
--
(UF)
Permitted by Right
Permitted as an Accessory Use
Conditional Use Permit
Minor Use Permit
Not Allowed
Upper Floor Permitted, Not Allowed on Ground Floor
Land Use
CBD
MU
DMU
CM
Specific Use Regulations
Recharging Stations P P P P
Utility Structures and Service Facilities
P
P
P
P
Subject to Site Plan and Design
Review pursuant to Section 9107.19
(Site Plan and Design Review).
Other Uses
Assembly/Meeting Facilities, Public or Private -- -- -- M
Donation Box – Outdoor -- -- -- M
Extended Hours Use
M
C
M
C See Subsection 9104.02.150
(Extended Hours Uses)
Places of Religious Assembly -- -- -- M
Drive-Through or Drive-Up Facilities
--
--
--
C See Subsection 9104.02.130 (Drive-
through and Drive-up Facilities)
Reverse Vending Machines – Consumer Goods
P
P
P
P
Allowed indoors only
Vending Machines
P
P
P
P
Allowed indoors only
Urban Agriculture A A A A
(1) Accessory dwelling units are subject to the development standards in Subsection 9102.01.080.
Division 3:
Regulations Applicable to All Zones – Site Planning and General
Development Standards
3
Section 9103.01 – Site Planning and General Development Standards
9103.01.010 Measuring Floor Area and Floor Area Ratio
A. Floor Area
1. Residential Floor Area. The floor area for buildings in single-family residential zones shall be measured
as the total horizontal floor area of all the floors of a building from the outside walls. The total horizontal
floor area shall include: the residential floor area of any building(s) located on the lot including the main
dwelling, detached accessory structures, accessory dwelling units, all garage area except as exempted in
Subsection a. below, enclosed patios, and high volume ceilings (all interior areas above 14 feet in height).
The following shall be excluded from floor area for the purposes of calculating floor area ratio:
a. For houses less than 5,000 square feet in size, floor area shall exclude required parking spaces (450
square feet for a two-car garage and 650 square feet for a three-car garage). For houses 5,000 square
feet or larger, floor area shall exclude up to four parking spaces (850 square feet maximum).
b. Floor area shall exclude basements.
c. Floor area shall exclude non-enclosed covered structures such as covered patios or porches, decks,
and balconies.
d. Accessory dwelling units shall comply with the floor area ratio for the site, but in case shall the unit be
less than the maximum size allowed under Section 9102.01.080.
9103.01.020 Off-Street Parking for Residential Uses
Amended by Ord. No. 2347
A. Off-Street Residential Parking Requirements for Residential Uses
1. Uses Not Listed. The number of parking spaces required for land uses not specifically listed shall be
determined by the Director based on common functional, product, or compatibility characteristics and
activities. The determination is considered a formal interpretation of the Development Code and shall be
decided and recorded accordingly. The interpretations shall have the same force of law as the provisions of
this Section. Any inclusion of land uses in this Section shall be defined and included in Division 9
(Definitions), and shall be included in the land uses in Division 2 (Zones, Allowable Uses, and Development
Standards).
Table 3-3
Off-Street Parking Requirements:
Residential Uses
Land Use Minimum Parking Spaces Required
Single-Family Dwellings (Attached and Detached)
and Two-Family Dwellings
2 spaces per dwelling unit in a garage for units less than
5,000 square feet in size with up to 4 bedrooms
3 spaces per dwelling unit in a garage for units 5,001
square feet or more in size and/or with 5 or more
bedrooms (1)
Accessory Dwelling Unit 1 space, covered or uncovered, per accessory dwelling unit or
number of bedrooms in the accessory dwelling unit, whichever
is greater (2)
Multifamily Dwellings For the R-2, R-3 and R-3-R Zones:
2 covered spaces per unit, plus guest parking as follows:
1 guest parking space per each 2 units
Mixed Use Units 1.5 spaces per unit and 1 guest space for every 3 units
Live/Work Units 1 space per unit and 1 space per 1,000 square feet of
nonresidential floor area
Senior Housing (when restricted to age 62 and older) For senior affordable apartment housing: 1 space per unit, and
1 guest space for every 4 units for assisted living facilities: 1.5
spaces per unit
For senior market rate housing: 2 spaces per unit
Notes:
(1) A tandem parking space may be allowed to satisfy the third required, or any non-required, parking space, subject to Design Review
approval.
(2) Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:
a. The accessory dwelling unit is located within one-half mile of public transit
b. The accessory dwelling unit is located within an architecturally and historically significant historic district
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit
e. When there is a car sharing vehicle located within one block of the accessory dwelling unit
B. Parking Location
1. Parking spaces shall be designed, constructed, and maintained in a manner that does not prec lude direct
and free access to stairways, walkways, elevators, any pedestrian way, and fire safety equipment.
2. Vehicle parking (and access thereto) shall be provided on a permanently paved surface.
3. When required off-street parking spaces are provided on a separate lot from the building or land use,
Subsection 9103.07.090 (Shared/Joint Use and Off-site Parking) shall apply.
4. If parking spaces are required for an accessory dwelling unit, the spaces may be located on an existing
driveway on the same site if it is within the setback areas, including tandem on an existing driveway. subject
to the approval of a Zoning Clearance for ADUs. The Director may determine that these parking
arrangements are prohibited if specific findings are made under Subsection (a) below.
a) The property is an R-M zoned property, a hillside property, located within a designated fire zones, or a
non-conforming lot, or if the Director determines that such parking arrangements are not feasible based
upon specific safety conditions, or that such arrangements are not permitted anywhere in the City.
b) No additional setback shall be required for a legally established existing garage that is legally converted
to an accessory dwelling. The garage conversion must comply with all applicable provisions of the
adopted building code. In addition, when a garage, carport, or covered parking structure is demolished
or converted in conjunction with the construction of an accessory dwelling unit, the required parking
spaces shall be replaced as specified in Table 3-3. If code compliant replacement parking cannot be
provided, the replacement parking spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including but not limited to, covered spaces, uncovered spaces, or tandem
spaces or by the use of mechanical automobile parking lifts within an enclosed garage.
Division 7:
Permit Processing Procedures
Section 9107.01 – City-Required Permits and Approvals
9107.01.010 Allowed Modifications, Review Authority, and Noticing Requirements
Amended by Ord. No. 2347
A. Table 7-2. In order to secure an appropriate improvement of a parcel, prevent an unreasonable hardship, and/or
to promote uniformity of development, the applicable Review Authority shall have the authority to approve,
conditionally approve, or deny Administrative Modifications for those matters specified in Table 7-2 (Allowed
Modifications, Review Authority, and Noticing Requirements), below. Table 7-2 also identifies the applicable
Review Authority responsible for reviewing and making decisions on each type of Admini strative Modification
application allowed by this Section, as well as the type of notice or hearing, if any, required by this Section.
Table 7-2
Allowed Modifications, Review Authority, and Noticing Requirements
Type of Administrative Modification Allowed
Minor Director’s
Review
Major Director’s
Review
Commission’s
Review
No Notice or
Hearing Required
Notice, but No
Hearing Required
Notice and
Hearing Required
Accessory dwelling units – objective design standards X
Accessory dwelling units - unit sizes that exceeds the FAR X X
Additions to nonconforming single-family residential properties
(small) (Subparagraph 9106.03.030 A.4.)
X
Alterations and/or expansion of nonconforming uses and
structures
X
Apartment unit sizes X
Conversions of existing attic areas within main dwellings in the R-
M, R-0, and R-1 zones; provided the requests do not result in an
additional structure story or any exterior alterations within
required setback areas
X
Distance between structures X
Driveway and parking stall size requirements (Residential zones) X
Driveway and parking stall size requirements (Commercial,
Industrial, and Downtown zones)
X
Fence, wall, and hedge regulations, except along the street side
of a corner parcel
X
Fence and landscaped buffer regulations (Subsection
9106.09.020 B.)
X
Front lot line determination X
Front, side, or rear setbacks; provided a setback from a street
shall be modified only with a written declaration of the City
Engineer that the modification, if granted, will not adversely affect
any foreseeable need for widening the street
X
(For Special
Setbacks Only)
X
Height of noncommercial structures - Solar panels only X
Height of noncommercial structures X
Division 9:
Definitions
Section 9109.01 – Definitions
9109.01.010 – “A” Definitions
Accessory Dwelling Unit. Accessory Dwelling Units are residential dwelling units that are detached from, attached
to, or located within the living area of an existing primary dwelling unit, and provides independent living facilities for one
or more persons. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety
Code section 17958.1, and structures defined in Health and Safety Code section 18007. Accessory Dwelling Units are
subordinate in size, location, and appearance to the main dwelling unit.
Junior Accessory Dwelling Unit. A residential unit that is no more than 500 square feet in size, is contained
entirely within an existing or proposed single-family structure, includes its own separate sanitation facilities or
shares sanitation facilities with the existing or proposed single-family structure, and includes an efficiency kitchen.
An efficiency kitchen is a kitchen that includes a cooking facility with appliances, a food preparation counter or
counters that total at least 15 square feet in area, and has food storage cabinets that total at least 30 square feet
of shelf space.
Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly
associated with the primary structure.
9109.01.040 – “C” Definitions
Complete independent living facilities. Permanent provisions for living, sleeping, eating, cooking, and sanitation on
the same parcel as the single-family or multifamily dwelling is or will be situated.
9109.01.020 – “D” Definitions
Dwelling. A structure or portion thereof designed exclusively for permanent residential purposes, but not including
hotels, motels, emergency shelters, or extended stay locations.
Accessory Dwelling Unit. An attached or detached dwelling unit which provides complete, independent living
facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as an existing qualified primary dwelling unit is situated.
Junior Accessory Dwelling Unit. An accessory dwelling unit that is contained entirely within an existing or
proposed single family structure and is not more than 500 square feet in area, which provides independent living
facilities, including provisions for cooking and either separate or shared sanitation on the same parcel as an
existing qualified primary dwelling unit is situated.
Dwelling Unit. Any structure or portion thereof designed for living and sleeping purposes that contains
independent cooking and sanitation facilities.
9109.01.030 – “P” Definitions
Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of an
Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
9109.01.040 – “T” Definitions
Tandem Parking. Two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind
one another.
Attachment No. 2
Draft Urgency Ordinance No. 2369
URGENCY ORDINANCE NO. 2369
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA AMENDING VARIOUS SECTIONS OF THE ARCADIA
DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS AND THE ORDINANCE
IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
WHEREAS, the City of Arcadia, California (“City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to
provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“New ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws take effect January 1, 2020, and if the City’s ADU
ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null
and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the passage the New ADU Laws because if the City’s ordinance does
not comply with Government Code section s 65852.2 and 65852.22 (as amended) as of
January 1, 2020 and the City’s ordinance regulating ADUs and JADUs becomes null and
void, the City would thereafter be limited to applying the few default standards that are
provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs
and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods, and
negatively impact property values, personal privacy, and fire safety. These threats to
public safety, health, and welfare justify adoption of this ordinance as an urgency
ordinance to be effective immediately upon adoption by a four -fifths vote of the City
Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may
adopt this ordinance as an urgency measure in accordance with G overnment Code
section 36937, subdivision (b), after consideration and recommendation by the City’s
Planning Commission.
NOW, THEREFORE, the City Council of the City of Arcadia does ordain as follows:
SECTION 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
SECTION 2. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of t he
Government Code, which is California’s ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt
from CEQA in that the proposed ordinance implements the State ’s ADU law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA
Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA,
among other things, the construction and location of new, small structures and the
conversion of existing small structures from one use to another. Section 15303
specifically lists the construction of appurtenant accessory structures and garages as
examples of activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs,
which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of t he “exceptions” to the use of the Class 3
exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically,
the City Council finds that the ordinance will:
1. Not result in the construction of ADUs or JADUs within a particularly
sensitive environment because these accessory structures will necessarily be built on a
lot already developed with a primary dwelling;
2. Not result in a potentially significant cumulative impact because accessory
dwelling units and junior accessory dwelli ng units are affirmatively permissible in
residential zones per state law. Further, single family homes are exempt from CEQA per
Categorical Exemption and accessory dwelling units and junior accessory dwelling units
are allowable on all such lots per state law.
3. Not result in a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances due to the fact that in general
there are no unique circumstances present in Arcadia’s residential zones, as all properties
subject to new accessory dwelling units or junior accessory dwelling units have been
previously developed with primary dwelling units on the same lot. Per CEQA, all primary
dwelling units and accessory structures are exempt;
4. Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway in that there are no residential properties located
adjacent to a state scenic highway in the City of Arcadia, nor are there identified rock
outcroppings or similar resources that could be disturbed. In the case of protected trees
and historic buildings, the City has respective ordinances addressing both of these iss ues.
Any accessory dwelling unit or junior accessory dwelling unit that could potentially impact
either a protected tree or historic building would be subject to the required applications
and review processes already in place for such resources;
5. Not be located on a hazardous waste site included on any list compiled
pursuant to § 65962.5 of the Government Code as there is no property zoned for
residential development located on a hazardous waste site; or
6. Not result in a substantial adverse change in the significance of a historical
resource in that historic resources are subject to a review and permitting process separate
from regulations related to accessory dwelling units and junior accessory dwelling units.
If an accessory dwelling unit or junior ac cessory dwelling unit were to impact a historic
resource, the project would be subject to the required application and review process
already in place for such resources.
SECTION 3. Division 2, 3, 7 and 9 of the City’s Development Code, Article IX of
the Municipal Code, is hereby amended and reflected in Exhibit “A”, attached to this
ordinance.
SECTION 4. This ordinance takes effect immediately upon its adoption.
SECTION 5. The City Clerk shall either: (a) have this ordinance published in a
newspaper of general circulation within 15 days after its adoption or (b) have a summary
of this ordinance published twice in a newspaper of general circulation, once five days
before its adoption and again within 15 days after its adoption.
SECTION 6. The City Clerk shall submit a copy of this ordinance to the
Department of Housing and Community Development within 60 days after adoption.
SECTION 7. If any provision of this ordinance or its application to any person or
circumstance is held to be invalid, such invalidity has no effect on the other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this resolution are severable. The City
Council declares that it would have adopted this resolution irrespective of the invalidity of
any portion thereof.
Passed, approved and adopted this ______ day of _________________, 2019.
_______________________
April Verlato
Mayor of City of Arcadia
ATTEST:
______________________
Gene Glasco
City Clerk
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
EXHIBIT A
Text Amendments to Development Code - ADUs
Attachment No. 3
Letter from Californians for Homeownership
MATTHEW GELFAND, COUNSEL
MATT@CAFORHOMES.ORG
TEL: (213) 739-8206
November 20, 2019
VIA EMAIL
Planning Commission
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
Email: c/o Lisa Flores (lflores@arcadiaca.gov)
RE: November 26, 2019 Planning Commission Meeting
Agenda Item 2: Arcadia Development Code Amendments re ADUs
To the Planning Commission:
Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using
legal tools to address California’s housing crisis. I am writing as part of our work monitoring local
compliance with California’s revised laws regarding Accessory Dwelling Units (ADUs).
At your November 26 meeting, you will consider amendments to the Arcadia Development
Code to address recent bills that change state ADU law, including SB 13 (Wieckowski), AB 68
(Ting), AB 881 (Bloom). We are attaching two documents that we hope will help you adopt
policies that comply with the law. The first is a clean copy Section 1.5 of AB 881, which is the
final version of Government Code Section 65852.2 that will become operative on January 1, 2020.
The second is a list of key provisions of the revised law. The new law invalidates, in its entirety,
any local ordinance that does not strictly comply with its requirements.1
As the City moves forward with a new ADU ordinance, we hope to be active participants
in the process of developing that ordinance. To that end, we request that you include us on the
notice list for any public meeting regarding the ADU ordinance, and we request that this letter and
its attachments be included in the correspondence file for those meetings. We look forward to
working with you.
Sincerely,
Matthew Gelfand
1 A previous version of AB 68 provided that a conflicting local ordinance would be “null
and void to the extent of such conflict.” That provision was struck from the final bill, which
provides for complete invalidation.
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California ADU Law
(Effective January 1, 2020)
Gov. Code § 65852.2 (as amended by SB 13, AB 68, and AB 881)
(a)
(1) A local agency may, by ordinance, provide for the creation of accessory dwelling
units in areas zoned to allow single-family or multifamily dwelling residential use. The
ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on the
adequacy of water and sewer services and the impact of accessory dwelling units
on traffic flow and public safety. A local agency that does not provide water or
sewer services shall consult with the local water or sewer service provider regarding
the adequacy of water and sewer services before designating an area where
accessory dwelling units may be permitted.
(B)
(i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, 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 Resources.
These standards shall not include requirements on minimum lot size.
(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 accessory dwelling units do not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that 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 accessory dwelling unit may be rented separate from the primary
residence, but may not be sold or otherwise conveyed separate from the
primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling
residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within,
the proposed or existing primary dwelling, including attached garages,
storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the
proposed or existing primary dwelling.
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(iv) If there is an existing primary dwelling, the total floor area of an
attached accessory dwelling unit shall not exceed 50 percent of the existing
primary dwelling.
(v) The total floor area 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 living area or accessory
structure or a structure constructed in the same location and to the same
dimensions as an existing structure that is converted to an accessory
dwelling unit or to a portion of an accessory dwelling unit, and a setback of
no more than four feet from the side and rear lot lines shall be required for
an accessory dwelling unit that is not converted from an existing structure
or a new structure constructed in the same location and to the same
dimensions as an existing structure.
(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 accessory dwelling unit or per
bedroom, whichever is less. These spaces may be provided as
tandem parking on a 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.
(III) This clause shall not apply to an accessory dwelling unit that
is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, the local agency shall not require
that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
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(3) A permit application for an accessory dwelling unit or a junior accessory dwelling
unit shall be considered and approved ministerially without discretionary review or a
hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the
issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within
60 days from the date the local agency receives a completed application if there is an
existing single-family or multifamily dwelling on the lot. If the permit application to create
an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting agency may
delay acting on the permit application for the accessory dwelling unit or the junior
accessory dwelling unit until the permitting agency acts on the permit application to create
the new single-family dwelling, but the application to create the accessory dwelling unit or
junior accessory dwelling unit shall be considered without discretionary review or hearing.
If the applicant requests a delay, the 60-day time period shall be tolled for the period of the
delay. A local agency may charge a fee to reimburse it for costs incurred to implement this
paragraph, including the costs of adopting or amending any ordinance that provides for the
creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local
agency or an accessory dwelling ordinance adopted by a local agency 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. If 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 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 that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial
of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to
evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing
single-family dwelling. No additional standards, other than those provided in this
subdivision, shall be used or imposed, including any owner-occupant requirement, except
that a local agency may require that the property be used for rentals of terms longer than
30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the
policies, procedures, or other provisions applicable to the creation of an accessory dwelling
unit if these provisions are consistent with the limitations of this subdivision.
(8) 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
use that is consistent with the existing general plan and zoning designations for the lot. The
accessory dwelling unit shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
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(b) When a local agency that has not adopted an ordinance governing accessory dwelling units
in accordance with subdivision (a) receives an application for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a). The permitting
agency shall act on the application to create an accessory dwelling unit or a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if
there is an existing single-family or multifamily dwelling on the lot. If the permit application to
create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling
unit until the permitting agency acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling
unit shall still be considered ministerially without discretionary review or a hearing. If the applicant
requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local
agency has not acted upon the completed application within 60 days, the application shall be
deemed approved.
(c)
(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit
size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any
of the following:
(A) A minimum square footage requirement for either an attached or detached
accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more
than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits on
lot coverage, floor area ratio, open space, and minimum lot size, for either attached
or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit that is at least 16 feet in height with four-foot side and rear yard
setbacks to be constructed in compliance with all other local development
standards.
(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 walking distance of
public transit.
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(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or
an 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)
(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially
approve an application for a building permit within a residential or mixed-use zone to
create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is
within the proposed space of a single-family dwelling or existing space of
a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the
physical dimensions of the existing accessory structure shall be limited to
accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-
family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of
Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed
four-foot side and rear yard setbacks for a lot with a proposed or existing single-
family dwelling. The accessory dwelling unit may be combined with a junior
accessory dwelling unit described in subparagraph (A). A local agency may impose
the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C)
(i) Multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as livable space, including,
but not limited to, storage rooms, boiler rooms, passageways, attics,
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basements, or garages, if each unit complies with state building standards
for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within
an existing multifamily dwelling and shall allow up to 25 percent of the
existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has
an existing multifamily dwelling, but are detached from that multifamily dwelling
and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit
application for the creation of an accessory dwelling unit or a junior accessory dwelling
unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit
if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created
pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an
accessory dwelling unit connected to an onsite water treatment system, a percolation test
completed within the last five years, or, if the percolation test has been recertified, within
the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an
ordinance by July 1, 2018, providing for the approval of accessory dwelling units in
multifamily dwelling structures shall ministerially consider a permit application to
construct an accessory dwelling unit that is described in paragraph (1), and may impose
standards including, but not limited to, design, development, and historic standards on said
accessory dwelling units. These standards shall not include requirements on minimum lot
size.
(f)
(1) Fees charged for the construction of accessory dwelling units shall be determined in
accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing
with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district,
or water corporation to be a new residential use for purposes of calculating connection fees
or capacity charges for utilities, including water and sewer service, unless the accessory
dwelling unit was constructed with a new single-family dwelling.
(3)
(A) A local agency, special district, or water corporation shall not impose any
impact fee upon the development of an accessory dwelling unit less than 750 square
feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or
more shall be charged proportionately in relation to the square footage of the
primary dwelling unit.
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(B) For purposes of this paragraph, “impact fee” has the same meaning as the
term “fee” is defined in subdivision (b) of Section 66000, except that it also includes
fees specified in Section 66477. “Impact fee” does not include any connection fee
or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of
subdivision (e), a local agency, special district, or water corporation 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, unless
the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph
(1) of subdivision (e), a local agency, special district, or water corporation 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 square feet or the number of its drainage fixture unit
(DFU) values, as defined in the Uniform Plumbing Code adopted and published by the
International Association of Plumbing and Mechanical Officials, 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 an accessory dwelling unit.
(h)
(1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision
(a) to the Department of Housing and Community Development within 60 days after
adoption. After adoption of an ordinance, the department may submit written findings to
the local agency as to whether the ordinance complies with this section.
(2)
(A) If the department finds that the local agency’s ordinance does not comply with
this section, the department shall notify the local agency and shall provide the local
agency with a reasonable time, no longer than 30 days, to respond to the findings
before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant
to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include
findings in its resolution adopting the ordinance that explain the reasons the
local agency believes that the ordinance complies with this section despite
the findings of the department.
(3)
(A) If the local agency does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings explaining the
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reason the ordinance complies with this section and addressing the department’s
findings, the department shall notify the local agency and may notify the Attorney
General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of
state law, the department may consider whether a local agency adopted an
ordinance in compliance with this section between January 1, 2017, and January 1,
2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform
standards or criteria that supplement or clarify the terms, references, and standards set forth in this
section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one or more persons and is located
on a lot with a proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated. An accessory dwelling unit
also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling
located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health
and Safety Code.
(4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law or
chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(7) “Nonconforming zoning condition” means a physical improvement on a property that
does not conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from
a street to one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and
that meets the requirements for permitting.
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(10) “Public transit” means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before
the local agency issues a certificate of occupancy for the primary dwelling.
(l) 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 of 1976 (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 accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate
sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the
department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of
Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit
described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory
dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject
to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant
accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is
made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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Summary of Key Provisions of SB 13 / AB 68 / AB 670 / AB 881
Reduced Costs and Burdens for Developing ADUs
Cities must approve ADU applications within 60 days, without a hearing or discretionary review.1
For ADUs permitted by 2025, cities cannot require the owner to live at the property.2
Cities cannot charge any impact fees for ADUs under 750 sqft; fees for larger ADUs are limited.3
Homeowners associations must allow the construction of ADUs.4
ADUs can be developed at the same time as a primary unit, under most of the same rules.5
A city must delay code enforcement against an existing unlawful ADU to allow it to be legalized.6
ADUs Subject to Automatic Approval — No Local Limits
Cities must permit certain categories of ADU without applying any local development standards (e.g.,
limits on lot size, unit size, parking, height, setbacks, landscaping, or aesthetics), if proposed on a lot
developed with one single-family home.7 ADUs eligible for this automatic approval include:
An ADU converted from existing space in the home or another structure (e.g., a garage), so long
as the ADU can be accessed from the exterior and has setbacks sufficient for fire safety.8
A new detached ADU that is no larger than 800 sqft, has a maximum height of 16 feet, and has
rear and side setbacks of 4 feet.9
Both of the above options (creating two ADUs), if the converted ADU is smaller than 500 sqft.10
ADUs Subject to Ministerial Approval — Minimal Local Limits
Even if not subject to automatic approval, a city generally must approve any attached or detached ADU
under 1,200 sqft unless the city adopts a new ADU ordinance setting local development standards for
ADUs.11 If a city adopts such an ordinance, it must abide by the following restrictions:
No minimum lot size requirements.12
No maximum unit size limit under 850 sqft (or 1,000 sqft for a two-bedroom ADU).13
No required replacement parking when a parking garage is converted into an ADU.14
No required parking for an ADU created through the conversion of existing space or located
within a half-mile walking distance of a bus stop or transit station. 15
If the city imposes a floor area ratio limitation or similar rule, the limit must be designed to allow
the development of at least one 800 sqft attached or detached ADU on every lot.16
Adding Units to Multifamily Properties
The new laws allow units to be added to multifamily buildings. Cities must permit these types of units in
multifamily buildings without applying any local development standards:
New units within the existing non-living space of a building (e.g., storage rooms, basements, or
garages). At least one unit and up to ¼ of the existing unit count may be created this way.17
Two new homes on the same lot as the multifamily building but detached from it, with 4-foot side
and rear setbacks and a 16-foot maximum height.18
Unless otherwise noted, references are to Gov. Code § 65852.2 as amended in Section 1.5 of AB 881, Stats. 2019 c. 659. 1 § 65852.2(a)(3). 2 § 65852.2(a)(6).
3 § 65852.2(f)(3)(A). 4 AB 670, Stats. 2019 c. 178. 5 §§ 65852.2(a)(3); (j)(1); (j)(9) 6 § 65852.2(n). 7 § 65852.2(e)(1). 8 § 65852.2(e)(1)(A). 9 § 65852.2(e)(1)(B).
10 § 65852.2(e)(1)(B); AB 68 (Ting), Stats. 2019 c. 655 § 2 (amending Gov. Code § 65852.22(h)(1)). 11 § 65852.2(a)(4). 12 § 65852.2(a)(1)(B)(i). 13 § 65852.2(c)(2)(B).
14 § 65852.2(a)(1)(D)(xi). 15 §§ 65852.2(d)(1), (d)(3), (j)(10) 16 § 65852.2(c)(2)(C). 17 § 65852.2(e)(1)(C). 18 § 65852.2(e)(1)(D).
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: Text Amendment No. 19-02, amending Divisions 2, 3, 7, and 9 of
the Arcadia Development Code, Article IX of the Municipal Code,
relating to accessory dwelling units and junior accessory dwelling
units and determining the urgency ordinance is exempt from
CEQA.
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
Citywide – All Residential and Mixed Use Zones
3. Entity or person undertaking
project:
A. City of Arcadia
Development Services Department
240 W. Huntington Drive
Arcadia, CA 91006
B. Other (Private)
(1) Name
(2) Address
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Class 3, Section 15303 of the CEQA Guidelines, in
general, the construction and location of new, small
structures, and conversion of existing small
structures from one use to another relation to
accessory dwelling units.
f. The project is statutorily exempt.
Applicable Exemption: California Public Resources Code Section 21080.17
of CEQA and provisions of Government Code
Section 65852.2, which is California Accessory
Dwelling Unit law which also regulates Junior
Accessory Dwelling Unit, as defined in Section
65852.22.
Preliminary Exemption Assessment FORM “A”
g. The project is otherwise
exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: November 12, 2019 Staff: Lisa Flores,
Planning & Community Development Administrator