HomeMy WebLinkAbout2370 ORDINANCE NO. 2370
AN 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, 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".
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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 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:
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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 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;
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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.
SECTION 4. This Ordinance takes effect on the thirty-first (31St) day after 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.
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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 21st day of January , 2020.
01AM, 4.0
M..Jor of the City of Arcadia
ATTEST:
lerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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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 Ordinance No. 2370 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 21st day of January, 2020 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Amundson, Beck, Tay, Chandler, and Verlato
NOES: None
ABSENT: None
i
i
Clerk of 117 ity of Arcadia
EXHIBIT "A"
Text Amendments to Development Code — ADUs and JADUs
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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
Two-Family Dwelling -- -- -- P P P
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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
Only m tt,,,. d as an
family-zoned properties
w a11161H ce-currently
Accessory Dwelling Unit A A A A A A impFeved -no more
than-one- le-family
dwelling -See also
(A4:y-1;4641ig
thaits)
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 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).
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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
Subsection 1.040.D
Reverse Corner(street side) requirement requirement to Rear
to Rear
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
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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 exceed the Exceptions)and
height of dwelling maximum height maximum height of 9102.01.040.E(Height
of dwelling 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 9102.01.080.8.
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, tc.). 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 ••.• .. . -. 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
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residence, but in no case •- - , !! e-- - - . . •- -e• .. . -•--•-e . --•-e
a. Eligible properties up to 7,500 ... - -- • . . • • .•-- - . -. : • e_ •_ . :.
800-square-feet
. .. - ! -•• - - I!! ... - -- • . - -- - . . ..•-:
c. Eligible properties greater than 15,00 square feet in . --: A • .•.. . . ..•-: A e_ •. •. -
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 .. . __. . . • - . . - •• - _ . • - -
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. 4:Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking
space . • .• - .. - e.-- . .. , . - . - (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)
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on any one lot.
• . . • •- - -e•• _ .. •- . . . . - . . - - •• e• -
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
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 access from the existing residence, and the side and rear setbacks are
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 9102.01.080.6.2,
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.
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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) •- .e• -- -• -•- - e.- •.• _ . ... .• . - . . 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 _••• - . -
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 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
A covenant is required as specified in Subsection 9102.01.080.C,and shall be recorded prior to the issuance of a
Wilding-per-mit
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;
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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
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.
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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 facade, 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.
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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.
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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.
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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).
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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 f24—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. if-e. ••. ... . - -:.• - - .• accessory dwelling unit, the spaces may be located on an existing
is • --• - - . _ . .•. • !_ . •- e• . . • . •-• •-that these parking arrangements
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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) - -.. •. - e.. - - - ae. - -- • - - .•: e. .:- - . -- -- -
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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
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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.
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