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HomeMy WebLinkAbout2369 - Urgency Ordinance URGENCY ORDINANCE NO. 2369 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ARCADIA DEVELOPMENT CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING 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 sections 65852.2 and 65852.22 (as amended) as of January 1, 2020 and the City's ordinance regulating ADUs and JADUs becomes null and 1 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, the proposed Text Amendment No. TA 19-02 related to ADUs and JADUs, including the proposed language and terminology, is attached to this Ordinance as Exhibit "B"; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b), after consideration and recommendation by the City's Planning Commission from the November 26, 2019 meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 2 65852.22. Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements the State's ADU law. In addition to being statutorily exempt from CEQA, the proposed Ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City Council finds that none of the "exceptions" to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. 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 dwelling 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 3 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 as there is no property zoned for residential development located on a hazardous waste site; and 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 resource, the project would be subject to the required application and review process already in place for such resources. SECTION 3. Divisions 2, 3, 7 and 9 of the City's Development Code, Article IX of the Municipal Code, are hereby amended as set forth in Exhibit "A", attached to this Ordinance and incorporated herein by reference. 4 SECTION 4. This Ordinance takes effect immediately upon its adoption. SECTION 5. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption. SECTION 6. 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 Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and 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 fifteen (15) days after its adoption. Passed, approved and adopted this 17th day of December , 2019. er. y(yor o e City of Arcadia ATTEST: '"" Clerk fr APPROVED AS TO FORM: A„1. /I Stephen P. Deitsch City Attorney 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Urgency Ordinance No. 2369 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 17th day of December, 2019 and that said Ordinance was adopted by the following vote, to wit: AYES: Amundson, Beck, and Verlato NOES: None ABSENT: Chandler, and Tay f•----:::--7,..e,WCIerk of e- ity of Arcadia EXHIBIT "A" Text Amendments to Development Code — ADUs and JADUs 6 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. P Permitted Table 2.1 A Permitted as an Accessory Use Allowed Uses and Permit M Minor Use Permit Required Requirements for Residential Zones 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 See required minimum density(Section 9102.01.090,Table 2-6 Single-Family Dwelling P P P P P -- 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 7 P Permitted Table 2-1 A Permitted as an Accessory Use Allowed Uses and Permit M Minor Use Permit Required Requirements for Residential Zones 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 er+ itted-as-an family-coned-properties whish-ace-Gurrently Accessory Dwelling Unit A A A A A A improved-wth-ne-mem than-one-single-family dwelling-unit. See•also (Assessory--Dwelling 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 tree two 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. 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). 2 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. 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 10 ft Same as dwelling Same as dwelling Side requirement requirement 20 ft Same as dwelling Same as dwelling For exceptions refer to Reverse Corner(street side) requirement requirement Subsection to Rear 1.040.D (Exceptions to Re Setbacks on Corner and Reverse Corner Lots in R-0 Rear and R-1 Zones-Attached 10 ft 10 ft 10 ft Single-Story Garage) Maximum Lot Coverage 25%of required rear 25%of required 25%of required rear yard rear yard yard Maximum Number of One story One story One story Stories Minimum Distance 6 ft 6 ft 6 ft Between Structures 3 See Subsection 16 ft and cannot 16 ft and cannot 9103.01.050(Height exceed the maximum exceed the 16 feet and cannot Measurements and Maximum Height height of dwelling maximum height exceed the Exceptions)and of dwelling maximum height of 9102.01.040.E(Height dwelling Exception for Chimneys and Roof-Mounted Vents). Minimum Encroachment Plane Front Property Line 40 degrees 30 degrees 30 degrees Interior Rear and/or Interior N/A N/A N/A Side Street Side(Reverse N/A 40 degrees 40 degrees Corner)Property Lines 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 and junior 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, encroachmentplateetc.). that-apply-to-the prmary 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. • . .. - ... . . . • .. . . • .• .. . -. 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. 4 -• - •- . - . - . :. . . _ • . - . .! . • _ •_ . - .. existing pnmary residence, but in no case shall exceed , !! -.. - - •- -e• .. . -•.-•-e . --•-e a. Eligible properties up to 7,500 square feet in area: An attached or detached ADU shall have a floor 800 square-feet in no case shall exceed 1,000 square feet. 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, and shall not exceed one story. b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary residence. 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. 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 (Note: This section was previously in Division 3). 5 on any one lot. . 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. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary residence is also required to have fire sprinklers. . . - .. residence, has independent exterior acce,'c from the existing residence, and the side and rear setbacks arc 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. 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 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. 4 The converted ADU shall not exceed 50%of the livable area of the primary residence 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. 6 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,and shall not be larger in size than the existing multifamily unit. 2.. Accessory Dwelling Unit Permit Any construction that exceeds the requirements listed above listed in Subsection 1 above (Building Permits Only) •- --• - -• -•t - t.- - - . ... -• - - - - shall require a Zoning Clearance for an Accessory Dwelling Unit pursuant to the provisions of Section 9107.27 (Zoning Clearance for Accessory Dwelling Units). • - ••• -• .e_ ... . . . • - . - . multifamily dwelling residential use. e - . _ _.. . .• . . -.. _ e -__ -. .• - — 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 an Administrative Modification 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 . • . • . /: p 1. Streamlined Approval: An accessory dwelling unit within a single family residential zone is exempt from a g 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 7 d. Has side and r ar 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 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 1. 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. 8 2. An accessory dwelling unit that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement. 3. 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. 4. 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 a new 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. 9 Landscape 10 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 a living, continuous planting area, and provide screening between the ADU and adjacent parcels Desert landscape or rock garden designs are not allowed. 11. All landscaping utilized must be taken from the city's approved planting materials listed in the City's Single- Family Design Guidelines. Other 12. 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. 13. 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. 14. 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. 15. 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. 16 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 P Permitted by Right Table 2-10 A Permitted as an Accessory Use Allowed Uses and Permit C Conditional Use Permit M Minor Use Permit Requirements for Downtown Zones -- Not Allowed (UF) 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 I M I M I M Health/Fitness Facilities,Large M(UF) I M(UF) I CUP I 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 10 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 Supportive Housing—Housing Type M(UF) M(UF) M(UF) -- commercial use. Residential uses are permitted above ground floor Transitional Housing—Housing Type M(UF) M(UF) M(UF) -- 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 No Person shall post,publish,circulate, broadcast,or maintain any Short-Term Rental -- -- -- -- advertisement of a Short-Term Rental in any zone allowing residential uses. See Section 9104.02.300 No Person shall post,publish,circulate, broadcast,or maintain any Home Sharing -- -- -- -- advertisement for Home Sharing in any zone allowing residential uses. See Section 9104.02.300 P Permitted by Right Table 2-10 A Permitted as an Accessory Use Allowed Uses and Permit C Conditional Use Permit M Minor Use Permit Requirements for Downtown Zones -- Not Allowed (UF) Upper Floor Permitted,Not Allowed on Ground Floor Land Use CBD MU DMU CM Specific Use Regulations Recharging Stations P P P P Subject to Site Plan and Design Utility Structures and Service Facilities P P P P 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. 11 Division 3: Regulations Applicable to All Zones — Site Planning and General Development Standards Section 9103.01 -Site Planning and General Development Standards 9103.01.010 Measuring Floor Area and Floor Area Ratio A. Floor Area 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. Off-Street Parking for Residential Uses Amended by Ord. No. 2347 Off-Street Residential Parking Requirements for Residential Uses 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). 12 Table 3-3 Off-Street Parking Requirements: Residential Uses Land Use Minimum Parking Spaces Required Single-Family Dwellings(Attached and Detached) • 2 spaces per dwelling unit in a garage for units less than and Two-Family Dwellings 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 _.--, . - _. . . .. - . . - is greater f—Refer to Section 9102.01.080 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 Parking Location 1. Parking spaces shall be designed,constructed,and maintained in a manner that does not preclude 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. .. - e.-- - - .. - _ .• .-. .• - - - - •- e--- may be located on an existing 12 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, :•. - ... - - - - .. - - • . - •. - - .- everted 13 Division 7: Permit Processing Procedures Section 9107.01 —City-Required Permits and Approvals Allowed Modifications, Review Authority,and Noticing Requirements Amended by Ord. No.2347 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 Administrative 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 Minor Director's Major Director's Commission's Type of Administrative Modification Allowed Review Review Review No Notice or Notice,but No Notice and Hearing Required Hearing Required 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 X (small)(Subparagraph 9106.03.030 A.4.) Alterations and/or expansion of nonconforming uses and X structures _ Apartment unit sizes X Conversions of existing attic areas within main dwellings in the R- X 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 Distance between structures X Driveway and parking stall size requirements(Residential zones) X Driveway and parking stall size requirements(Commercial, X Industrial,and Downtown zones) Fence,wall,and hedge regulations,except along the street side X of a corner parcel Fence and landscaped buffer regulations(Subsection X 9106.09.020 B.) Front lot line determination _ X Front,side,or rear setbacks; provided a setback from a street X X shall be modified only with a written declaration of the City (For Special Engineer that the modification, if granted,will not adversely affect Setbacks Only) any foreseeable need for widening the street Height of noncommercial structures-Solar panels only X Height of noncommercial structures X 15 Division 9: Definitions Section 9109.01 —Definitions —"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, —"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. —"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. —"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. 16