HomeMy WebLinkAboutItem 07a - Amending Various Sections of the Municipal Code
DATE: March 21, 2023
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa Flores, Deputy Development Services Director
By: Alison MacCarley, Assistant Planner
SUBJECT: ORDINANCE 2396 RELATED TO TEXT AMENDMENT NO. 22-03
AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 OF THE
ARCADIA MUNICIPAL CODE PERTAINING TO ACCESSORY
DWELLING UNITS AND FINAL PARCEL MAPS WITH DEDICATIONS,
AND AMENDING ARTICLE IV, CHAPTER 6 (NOISE REGULATION)
PERTAINING TO THE ALLOWABLE HOURS FOR GARDENING AND
LANDSCAPING, AND CHAPTER 4 (PROPERTY MAINTENANCE AND
NUISANCE ABATEMENT CODE) TO ESTABLISH REQUIREMENTS AND
REGULATIONS FOR NON-OPERATING PROPERTIES IN NON-
RESIDENTIAL ZONES
CEQA: Exempt
Recommendation: Introduce and Approve
SUMMARY
The Development Services Department has initiated a Text Amendment to amend and
update various sections of the City’s Municipal Code. The Text Amendment consists of:
1) An update of the Accessory Dwelling Unit Ordinance in the Development Code due to
recent changes in State law; 2) Changes to the approval process for Final Parcel Maps
with Dedications in the Development Code; 3) An amendment to Chapter 6 of Municipal
Code regarding changes to the allowable hours for gardening and landscaping; and 4)
An amendment to Chapter 4 of the Municipal Code (Property Maintenance and Nuisance
Abatement Code) to establish new requirements and regulations pertaining to non-
operating properties in non-residential zones. It is recommended that the City Council
Introduce Ordinance No. 2396 (Attachment No. 1) and approve Text Amendment No. TA
22-03.
BACKGROUND
Periodically, to “clean up” portions of the Municipal Code, the Development Services
Department will bring forward a series of text amendments to react to changes in law, to
Text Amendment No. 22-03
March 21, 2023
Page 2 of 8
modernize the Code, or to implement City Council policy changes. In the subject
Ordinance, there are four text amendments for consideration.
The proposed changes to the Accessory Dwelling Unit (“ADU”) ordinance are to ensure
the regulations comply with the most recent changes to State law. Also, all the regulations
that pertain to ADUs were moved into the ADU ordinance to be compliant with regulations
set forth by the Department of Housing and Community Development, which require that
any regulations pertaining to ADUs must be within a local agency’s ordinance. If a local
jurisdiction’s ADU ordinance is not compliant with the state ADU ordinance, the ordinance
can be found to be null and void, and the City could be forced to default to the state’s
ADU regulations. Defaulting to the State’s regulations would mean a loss of local control
over the development of ADUs, including regulations on maximum size, design
standards, and height and stories.
The City is always reviewing processes and procedures that can be simplified and
streamlined. The second item proposes a change to the processing of Final Parcel Maps
with associated dedications. It was determined that the Final Parcel Map procedure could
be streamlined by removing City Council review of these items, improving turnaround
times for applicants. If approved, the proposed amendment to the Development Code will
reduce staff hours and wait times for approval of Final Parcel Maps that include
Dedications.
The third item proposed is a City Council action to change the allowable hours for
landscaping and gardening on Sundays. After a series of discussions, the City Council
asked the Staff to prepare an ordinance changing the allowable hours from 9:00 a.m. to
5:00 p.m. to 12:00 p.m. to 5:00 p.m.
The final proposed change to Arcadia’s Municipal Code creates a new program and policy
pertaining to non-residential properties in commercial, mixed use, and industrial zones.
There are a several properties in non-residential zones that have been delinquent in
upkeep and have become a nuisance for neighbors. The City seeks to maintain high
quality commercial, mixed use, and industrial zones and reduce any blight impacts due
to vacancies or nuisance. The proposed program would create a registry containing
contact information for nuisance properties, and the ability for the City to recover
abatement costs from property owners, including staff time, emergency calls, and other
resources used to remedy these problem properties. The proposed registry would be
similar to the City's Unoccupied Residence Registration Ordinance that went into effect
on May 5, 2017, for single-family homes.
DISCUSSION
There are four text amendments being proposed. The text amendments are to comply
with the current state laws, simplifying and expediating development processes, and
maintaining high quality residential and commercial zones within the City. Each of the
proposed changes are described below.
Text Amendment No. 22-03
March 21, 2023
Page 3 of 8
1. Accessory Dwelling Unit Ordinance Update
Over the past decade, the State has enacted legislation that has reduced barriers for
property owners to develop accessory dwelling units on residentially zoned properties.
Accessory Dwelling Units (“ADU”) are seen by housing advocates and State legislators
as a way to relieve some of the stress of the ongoing housing availability crisis within
California. Accessory Dwelling Units are fully contained, secondary units, which can be
rented out separately from primary dwellings on any residentially zoned property in the
City.
In response to State law, the City has updated the Accessory Dwelling Unit (“ADU”)
Ordinance four times in the last five years to comply with all the changes that the State
has made to the ADU laws. In 2022, the California State Legislature approved, and
Governor Newsom signed into law AB 2221 and SB 897. These two laws went into effect
on January 1, 2023 and amended Government Code Section 65852.2 to include changes
to the existing ADU laws, as discussed below and as shown in the text amendment, –
refer to Exhibit A of Attachment No. 1. Therefore, the City must update its ADU ordinance
to be in compliance with State law.
The major updates will include the following changes to the ADU Ordinance:
• Maximum height for Attached ADUs in any Residential Zone: The maximum
height for an attached ADU is 25 feet or the maximum height limit that applies to
the primary dwelling, whichever is lower, and it is still limited to a maximum of two
stories. Previously, the maximum height for attached ADUs was the height of the
existing primary dwelling.
• Maximum Height in Multi-family Zones: The maximum height for a detached
ADU was increased from 16 feet to 18 feet tall on proposed or existing multistory,
multifamily dwellings (measured to the top of the ridge). The maximum height
limitation of a single-story will remain the same.
• Front Setback: The front setback for a primary home can be modified to allow the
primary dwelling to encroach into the front setback, provided it allows for
construction of an up-to 800 square foot ADU that meets height limits and complies
with four-foot side and rear setback requirements.
• Junior Accessory Dwelling Units (“JADU”s): A Junior Accessory Dwelling Unit
(“JADU”) must be “within the walls” of a proposed or existing single-family dwelling.
This location requirement now expressly includes existing attached garages. The
maximum square footage for a JADU remains at 500 square feet.
• ADUs Near High-Quality Transit - This new regulation allows a detached ADU
that is within half a mile of walking distance from high quality transit and within a
Text Amendment No. 22-03
March 21, 2023
Page 4 of 8
single-family or multi-family zone, up to 18 feet (was 16 feet) in height and single
story. An additional two feet in height may be allowed for the structure to match
the roof pitch of the existing primary structure.
To summarize, the changes to allowable heights will affect all ADUs within the City. All
detached ADUs, regardless of the zone, will continue to be limited to one story. For single-
family zoned properties, the allowed maximum height only changes to 18 feet for
properties within a half mile walking distance of the train station or a high-quality transit
corridor. Only a small number of single-family zoned properties fall within the half mile
walking distance area. The state has continually pushed for greater density and height
near transit as seen in Transit Orientated Developments (“TOD”), including the use of the
half mile radius standard to promote development near transit. All other single-family
zoned properties will continue to have a maximum height of 16 feet. In all multi-family
zones, the maximum allowable ADU height has increased from 16 feet to 18 feet for
proposed and existing multistory dwellings.
The State has also changed the applicability of front setbacks regarding Statewide
Exempt ADUs (“SEADU”). A SEADU is an ADU of up to 800 square feet with a minimum
of four-foot rear and side setbacks, and a maximum height of 16 feet; it may be attached
or detached. In cases where there is not enough room in the rear or side yard areas for
a SEADU, the primary dwelling may encroach into the front yard setback in order to
accommodate the construction of a new SEADU in the rear or side yard area. If these
standards are met, SEADU’s are processed ministerially.
State law now clarifies that existing attached garage(s) may be converted into JADUs;
however, they will still be limited to 500 square feet. The State has now clarified that
attached garages are “within the walls of the primary dwelling”, and therefore, can be
converted into JADUs. Where an attached garage is larger than 500 square feet, only a
maximum of 500 square feet can be converted into a JADU – the balance of the area
would remain as a garage.
Through the recommendation of the City Attorney, the City has clarified and updated
additional ADU standards and removed necessary provisions in the ADU ordinance to
fully comply with state law. While the State has previously approved past versions of the
City’s ADU ordinance, additional changes and updates were needed to be fully compliant.
Changes include removing references to other sections of the Development Code that
applied to ADUs and placing within the ADU ordinance, and adding clarifying language.
2. Final Parcels Maps with Dedications
Under the current provisions of the Development Code, a Final Parcel Map with a
dedication requires approval by the City Council. Dedications are typically shown on maps
if an area of right-of-way is needed for utility, sidewalk, or public purposes. However,
approval of a final parcel map without a dedication is a ministerial action, provided that
Text Amendment No. 22-03
March 21, 2023
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the final map is consistent with and implements the requirements of an approved tentative
map. In reviewing past applications, it was determined that there is no policy reason that
a parcel map with a dedication needs the additional City Council process. In these cases,
the City Engineer makes the determination whether any dedications are appropriate, and
the City Council’s approval is a mere procedural formality that confirms that decision. As
a result, it is recommended that this process be simplified.
As a charter city, the City of Arcadia has authority over its municipal affairs, which include
establishing procedures for the acceptance of dedications. Therefore, the proposed text
amendment would no longer require that a final parcel map with a dedication be approved
by the City Council. If the dedication changes in any way, it will have to be referred back
to the Planning Commission for re-approval. The City Engineer would not have any
authority to act on a land use decision, but would be the approving authority for these
parcels maps. By changing this process, it should reduce the review period by four weeks,
which will reduce staff time and applicant wait times.
3. Change in Allowable Hours for Gardening and Landscaping
At the January 19, 2021, City Council Meeting, the Council discussed the possibility of
changing the allowable hours for noise related to gardening and landscaping in residential
areas. Currently, gardening and landscape noise is allowed Monday through Saturday
from 7:00 a.m. to 7:00 p.m., and on Sundays from 9:00 a.m. to 5:00. A staff report was
prepared at that time that included an evaluation of the City’s current regulations, a study
of neighboring cities' regulations, the low volume of complaints the City receives regarding
this matter, and alternative regulatory options. At the conclusion of the City Council’s
discussion, the Council decided to table the subject until it was brought forward again at
the November 1, 2022, City Council Meeting for further review. As a result of the
discussion at this meeting, the City Council voted 4-1 for staff to prepare an Ordinance to
amend Article IV, Section 4630.2 of the Arcadia Municipal Code to change the hours of
operation for noise related to gardening and landscaping only on Sundays from 9:00 a.m.
to 5:00 p.m. to 12:00 p.m. to 5:00 p.m.
Amending the hours on Sundays would shorten the time frame for gardening and
landscaping on this day and would limit noise that is produced from these activities in the
early morning. The allowable hours on Monday through Saturday will remain the same,
which are from 7:00 a.m. to 7:00 p.m.
4. Arcadia Municipal Code Changes Pertaining to Property Maintenance and
Nuisance Abatement Code
Over the past few years, the City has experienced non-operating or vacant properties that
have presented serious maintenance and security issues, requiring responses from
various City departments. The City is proposing new requirements and regulations for
registration of non-operating properties in non-residential zones. The purpose of
establishing a registration program on non-operating properties is to protect the
Text Amendment No. 22-03
March 21, 2023
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commercial or industrial areas from becoming blighted by a lack of adequate maintenance
and security, and to prevent these properties from becoming a further liability to the
surrounding area. Establishing this program would enable the City to charge for costs
incurred through inspections, abatements, emergency calls, and other various responses
on a non-operating property.
The proposed program would apply to all “non-operating” properties, which the ordinance
defines as commercial or industrial (including mixed-use) that are not actively engaged in
commercial or industrial operations. The definition includes vacant properties, as well as
those under construction or redevelopment. The goal is that the City has a responsive
contact that can quickly respond to issues on site and is responsible for ensuring the site
is sufficiently secured and maintained. Non-operating property owners are only required
to register with the City if ordered to do so. In addition to registering the property with the
City, the property owner would be required to pay an annual registration fee and would
be subject to all additional costs incurred by the City in relation to the maintenance or
security of the property. The annual registration fee would be required for as long as the
property remains on the registry, with the City having the sole authority to remove the
property from the registry. As part of the regulations of these properties, the City is also
proposing that conditions of approval be placed on project approvals and entitlements.
Once developed, the conditions of approval would focus on the maintenance and security
of a property. The Development Services Department would ensure these conditions of
approval are implemented.
PLANNING COMMISSION HEARING
The Planning Commission held a public hearing on February 14, 2023, to forward a
recommendation to the City Council on the proposed text amendments – refer to
Attachment No. 2; there were no public comments. The Planning Commission thought
the proposed changes to the final map process and the unoccupied registry for “non-
operating” properties would continue to maintain the high quality of life that the City is
known for and that the ADU changes will bring the Development Code into compliance
with State law. As for the changes to the gardening hours on Sunday, Chair Thompson
and Commissioner Wilander both thought the hours should not be changed and should
be left at 9 a.m., since most property owners would prefer to mow their law or get their
yard work done before it gets hot in the summertime. Starting any yard work at noon
would be challenging because of the heat in their opinion. The Commissioners requested
that their comments be forwarded to the City Council - refer to Attachment No. 2 for the
Excerpt of Planning Commission Minutes. Following the discussion, the Planning
Commission voted unanimously to adopt Resolution No. 2114 recommending that the
City Council approve the text amendments.
FINDINGS
Pursuant to Section 9108.03.060, an amendment to the Development Code may be
approved only if all of the following findings are made:
Text Amendment No. 22-03
March 21, 2023
Page 7 of 8
1. The proposed Development Code amendment is consistent with the goals,
policies, and objectives of the General Plan and any applicable specific plan(s).
Facts to Support the Finding: The proposed Text Amendment will be consistent
with the General Plan as the purpose of the proposed Text Amendment is to update
the City’s ADU Ordinance to comply with recently updated State ADUs provisions;
expedite processing of final maps with a dedication by authorizing the City Engineer
to approve these applications; reduce hours of operation for landscaping, gardening,
and noise; and to implement a program to regulate non-operating nonresidential
properties. This Ordinance will improve the condition of existing and future housing
opportunities for all Arcadia residents, remove governmental constraints, and
improve the condition of commercial zones by regulating nuisance properties. The
goals, policies, and program actions in the Ordinance are consistent with all other
Elements of the General Plan in that they further the City’s overall goals to create a
diverse, sustainable, and balanced community by implementing strategies and
programs that maintain Arcadia as a desirable place to live and do business.
2. The proposed amendment is internally consistent with other applicable
provisions of this Development Code.
Facts to Support the Finding: The proposed Text Amendment includes codifying
development standards for Accessory Dwelling Units and Junior Accessory Dwelling
Units in compliance with new State law. The new development standards and
regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units are
consistent with other applicable provisions of the Development Code. The changes
to Division 5 of the Development Code will impact the way that Final Parcel Maps
with Dedications are processed, ensuring consistency with other provisions of the
Development Code. Updating the City’s regulations regarding landscaping hours on
Sundays will not contradict or otherwise conflict with any provisions of the
Development Code. Implementing a property maintenance and nuisance abatement
program for commercial properties will not conflict with any provisions of the
Development Code. Therefore, the proposed Text amendment is internally
consistent with other applicable provisions of this Development Code.
ENVIRONMENTAL ANALYSIS
The proposed update to the ADU Ordinance, Final Parcel Map with Dedications, and
updates to the Arcadia Municipal Code regarding Noise, Gardening, and Landscaping,
and Property Maintenance and Nuisance Abatement, are exempt from the requirements
of CEQA pursuant to Section 15061(b)(3), as it can be seen with certainty that the
proposed text amendments would not have a significant effect on the environment and
thus, are not subject to CEQA review. See Attachment No. 4 for the Preliminary
Environmental Assessment.
Text Amendment No. 22-03
March 21, 2023
Page 8 of 8
PUBLIC COMMENTS/NOTICE
The public hearing notice for this City Council meeting was published in the Arcadia Weekly
on March 2, 2023. As of March 21, 2023, staff did not receive any additional concerns or
comments from the public. There were no public comments on the proposed Text
Amendments from the Planning Commission Hearing on February 14, 2023.
FISCAL IMPACT
The proposed text amendments would have no significant fiscal impact on the City’s
budget. The revenue received from any property maintenance or nuisance abatement
would be for cost recovery only.
RECOMMENDATION
It is recommended that the City Council Introduce Ordinance No. 2396 and approve Text
Amendment No. TA 22-03 amending various sections of Article IX, Chapter 1 of the
Arcadia Municipal Code pertaining to Accessory Dwelling Units and Final Parcel Maps
and amendments to Article IV, Chapter 6 (Noise Regulation) pertaining to the allowable
hours for gardening and landscaping, and Chapter 4 (Property Maintenance and
Nuisance Abatement Code) to establish new requirements and regulations for nuisance
non-residential properties.
:
Attachment No. 1: Ordinance No. 2396
Exhibit A – Accessory Dwelling Unit Ordinance
Exhibit B – Final Parcel Map with Dedications
Exhibit C – Noise Regulation for Gardening and Landscaping
Exhibit D – Property Maintenance and Nuisance Abatement Code
Attachment No. 2: Excerpt of the Planning Commission Minutes, dated February 14,
2023
Attachment No. 3: Planning Commission Resolution No. 2114 and Staff Report, dated
February 14, 2023, including all the attachments
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Ordinance No. 2396
ORDINANCE NO. 2396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, RELATED TO TEXT AMENDMENT NO. 22-03 AMENDING
VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 OF THE ARCADIA
MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS
AND FINAL PARCEL MAPS WITH DEDICATIONS, AND AMENDING
ARTICLE IV, CHAPTER 6 (NOISE REGULATION) PERTAINING TO THE
ALLOWABLE HOURS FOR GARDENING AND LANDSCAPING, AND
CHAPTER 4 (PROPERTY MAINTENANCE AND NUISANCE
ABATEMENT CODE) TO ESTABLISH REQUIREMENTS AND
REGULATIONS FOR NON-OPERATING PROPERTIES IN NON-
RESIDENTIAL ZONES
WHEREAS, the Development Services Department initiated a text amendment to
amend and update various sections of the City’s Development Code and Municipal Code
under Text Amendment No. 22-03 (referred to as “Text Amendment”); and
WHEREAS, the proposed Text Amendment will result in changes to: Article IX,
Chapter 1, of the Municipal Code pertaining to Accessory Dwelling Units as shown under
Exhibit “A” of this Ordinance; and Final Parcel Maps with Dedications as shown under
Exhibit “B” of this Ordinance; and in changes to the Arcadia Municipal Code, Chapter 6
regarding the allowable hours for gardening and landscaping as shown under Exhibit “C”
of this Ordinance; and in changes to Chapter 4 (Property Maintenance and Nuisance
Abatement Code) establishing new requirements and regulations pertaining to non-
operating properties in non-residential zones as shown under Exhibit “D” of this
Ordinance; and
WHEREAS, on January 26, 2022, Planning Services completed an environmental
review of the proposed Text Amendment and determined that it is exempt from review
under the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3)
of the CEQA Guidelines, where it can be seen with certainty that the Text Amendment
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would not have a significant effect on the environment and, thus, the proposed Text
Amendment is not subject to CEQA review; and
WHEREAS, on February 14, 2023, the Planning Commission held a duly-noticed
public hearing and considered the Text Amendment; there were no comments from the
public concerning the proposed Text Amendment; and
WHEREAS, after the public hearing, the Planning Commission adopted Resolution
No. 2114 with a 5-0 vote, recommending that the City Council approve the Text
Amendment, and directed staff to forward two of the Planning Commissioners’ comments
and recommended changes to the City Council; and
WHEREAs, such comments and recommended changes have been considered
by the City Council; and
WHEREAS, on March 2, 2023, the City published notice of the City Council public
hearing concerning the Text Amendment in a newspaper of general circulation (Arcadia
Weekly); and
WHEREAS, on March 21, 2023, the City Council held a duly noticed public hearing
on the Text Amendment, at which time all interested persons were given full opportunity
to be heard and to present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The factual data submitted by the Development Services
Department in the March 21, 2023, staff report is true and correct.
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SECTION 2. This City Council finds, based upon the entire record, including
without limitation to the staff report and related documents presented before the City
Council:
1. The proposed Development Code amendment is consistent with the goals,
policies, and objectives of the General Plan and any applicable specific plan(s).
FACTS: The proposed Text Amendment will be consistent with the General Plan
as the purpose of the proposed Text Amendment is to update the City’s ADU Ordinance
to comply with recently updated State ADUs provisions, expedite processing of final maps
with a dedication by authorizing the City Engineer to approve these applications, change
hours of operation for landscaping, gardening, and noise, and to implement a program to
regulate non-operating nonresidential properties. This Ordinance will improve the
condition of existing and future housing opportunities for all Arcadia residents, and
remove governmental constraints, and improve the condition of commercial zones by
regulating nuisance properties. The goals, policies, and program actions in the Ordinance
are consistent with all other Elements of the General Plan in that they further the City’s
overall goals to create a diverse, sustainable, and balanced community by implementing
strategies and programs that maintain Arcadia as a desirable place to live and do
business.
2. The proposed Text Amendment is internally consistent with other applicable
provisions of this Development Code.
FACTS: The proposed Text Amendment includes codifying development
standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in
compliance with new State law. The new development standards and regulations for
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Accessory Dwelling Units and Junior Accessory Dwelling Units are consistent with other
applicable provisions of the Development Code. The changes to Division 5 of the
Development Code will impact the way that Final Parcel Maps with Dedications are
processed, and will be consistent with other provisions of the Development Code.
Updating the City’s regulations regarding landscaping hours on Sundays will not
contradict or otherwise conflict with any provisions of the Development Code.
Implementing a property maintenance and nuisance abatement program for commercial
properties will not be in conflict with any provisions of the Development Code. Therefore,
the proposed Text Amendment is internally consistent with other applicable provisions
of this Development Code.
SECTION 3. The City Council hereby determines that the Text Amendment is
exempt from review under the California Environmental Quality Act (“CEQA”) pursuant
to Section 15061(b)(3) which exempts from review where it can be seen with certainty
that there is no possibility that the Text Amendment may have a significant effect on the
environment and thus, is not subject to CEQA review.
SECTION 4. The City Council hereby adopts the Text Amendment.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of same to be published in the official newspaper of said City within fifteen
(15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day
after its adoption.
[SIGNATURES ON THE NEXT PAGE]
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Passed, and adopted this 21st day of March, 2023.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Mauer
City Attorney
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EXHIBIT “A”
Text Amendments to the Development Code – Accessory Dwelling
Units (ADUs)
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Development Code - Division 2 – Accessory Dwelling Units
The new language is shown in “red.” Strikethrough for any language to deleted.
9102.01.080 Accessory Dwelling Units Amended by Ord. No. 2347 Amended by Ord. 2369 & 2370 Amended by Ord. No. 2375
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, R-M, R-2, R-3, R-3-R, CBD, MU, and DMU zones, developed
with at least one dwelling. 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
this Section.
A. Development Standards
1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the
development standards (setbacks, lot coverage, height, etc.). 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 a defined and independent exterior access. An
accessory dwelling unit is allowed on a site only when a primary dwelling exists.
2. Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family
dwelling or multifamily 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 (JADU) may only be
located within an existing or proposed single-family structure, including within an attached garage.
One of the following is allowed:
1. One Attached ADU (may not be allowed with detached ADU or JADU); or
2. One Detached ADU or a JADU by itself; or
3. One Detached ADU with one JADU
3. Maximum Floor Area and Lot Coverage. No accessory dwelling unit may cause the total Floor Area
Ratio (FAR) to exceed 45%, or cause the lot coverage of the lot to exceed 50%. If either requirement
would preclude development of an accessory dwelling unit up to 800 square feet in size, the requirement
does not apply.
Maximum Rear Yard Lot Coverage in Single-Family Zones: No accessory dwelling unit may cause the
rear yard lot coverage to exceed 25%, except if the requirement precludes the development of an
accessory dwelling unit of up to 800 square feet in size.
4. Maximum Size
a. Accessory Dwelling Unit. The maximum size of a 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.
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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, unless this would restrict the
maximum size of the accessory dwelling unit to be smaller than 800 square feet.
d. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the accessory dwelling unit, but no any application of the percent-based floor area limit in paragraph A.4.c above or of an FAR, lot coverage, or front setback, or open space requirements may require the must yield to the extent necessary to allow an accessory dwelling unit to be less than up to 800 square feet.
5. Maximum Height and Story a. A single-story attached or detached accessory dwelling unit may not exceed 16 feet in height, measured to the top of the roof ridge. b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary dwelling.
c. A detached accessory dwelling unit may not exceed one story
a. Except as otherwise provided by paragraphs (A)(4)(d)(5)(b) and (c) below, a detached ADU created on
a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in
height and one story.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed
single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major
transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if
necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary
dwelling unit. It may not exceed one story.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than
one story above grade may not exceed 18 feet in height. It may not exceed one story.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation
imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding
the foregoing, ADUs subject to this subsection (A)(4)(d)(5)(d) may not exceed two stories.
e. For purposes of this subsection (A)(4)(d), height is measured above existing legal grade to the peak of
the structure.
6. Required Setbacks.
a. Detached and attached accessory dwelling units shall meet the minimum side and rear yard setbacks
of at least four (4) feet.
b. An attached accessory dwelling unit shall meet the same front setback as required for the primary
residence.
c. A new detached ADU may not be located closer to the front property line than the primary dwelling.
d. A front setback must yield to the extent necessary to allow an accessory dwelling unit to be up to 800
square feet.
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7. Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking space (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. For required parking space dimensions, please refer to Division 3.
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.
8. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary dwelling is also
required to have fire sprinklers.
B. Permit Procedures for Accessory Dwelling Units and Junior Accessory Dwelling Units. If the accessory
dwelling unit does not qualify for a Building Permit Only, the procedures specified in Subsection
9102.01.080.B.2, shall be followed.
1. Building Permit Only. An accessory dwelling unit or junior accessory dwelling unit is only subject to a
building permit when it is proposed on a residential or mixed use zone and meets one of the following
scenarios:
A. Converted Accessory Dwelling Unit in with Single-Family Dwelling Zones: Only one : One
accessory dwelling unit or as described in this subsection (B)(1)(A) and one 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 (in the case of an ADU only) within the existing space of an accessory
structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress
and egress.
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. A converted
JADU shall not exceed 50% of the livable area of the primary residence nor the maximum permitted
size for a junior accessory dwelling unit.
B. Detached Accessory Dwelling Unit in with Single-Family Dwelling Zones: One detached, new
construction of an new-construction 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 peak height above grade does not exceed 16 feet in height and one-story the
applicable height limit in subsection (e)(2) below.
C. Converted Accessory Dwelling Unit on in Multifamily Dwellings Zones: Portions: One or more
ADUs within portions of existing multifamily dwelling structures that are not used as livable space,
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including but not limited to storage rooms, boiler rooms, passageways, attics, basements, communal
rooms, or garages, may be if each converted into an accessory dwelling unit if it ADU complies with the
state building standards for dwellings. Up Under this paragraph, at least one converted ADU is allowed
within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily
dwelling units on a lot may have a converted accessory dwelling unit, and at least one (1) converted
accessory dwelling unit is allowed within an existing multifamily dwelling structure.
D. Detached Accessory Dwelling Unit in with Multifamily Dwellings Zones: No more than two
detached accessory dwelling units may be located on a lot that has an existing or proposed multifamily
dwelling. Each detached accessory dwelling unit must satisfy the following requirements:
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 any existing
multifamily unit peak height above grade does not exceed the applicable height limit in subsection
(e)(2) below.
2. Accessory Dwelling Unit Permit
Any construction that exceeds does not comply with each of the requirements listed above listed in
Subsection 1 above (Building Permits Only) shall require a ministerial Zoning Clearance for an
Accessory Dwelling Unit. pursuant to the provisions of Section 9107.27 (Zoning Clearance for
Accessory Dwelling Units).
3. Process and Timing
a. A Zoning Clearance for an Accessory Dwelling Unit compliant with the standards of this Section 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:
i. The Applicant requests for a delay, in which case the 60 day time period is tolled for the period of
the requested delay, or
ii. A If an accessory dwelling unit or junior accessory dwelling unit application 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 accessory dwelling unit or junior accessory dwelling unit is still considered ministerially
without discretionary review or a hearing.
c. If the city denies an application for an accessory dwelling unit or junior accessory dwelling unit , the city
shall, within the time period described above, return in writing a full set of comments to the Applicant with
a list of items that are defective or deficient and a description of how the application can be remedied by
the Applicant.
1. Impact Fees.
1. Impact Fees. No impact fee is required for an accessory dwelling unit that is less than 750 square
feet in size., except for school district impact fees, which may be required for accessory dwelling
units greater than 500 square feet.
2. Any impact fee that is required for an accessory dwelling unit that is 750 square feet or larger in size
must be charged proportionately in relation to the square footage of the primary dwelling, or the
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average square footage of the multifamily dwelling units within a multifamily dwelling structure (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. All accessory dwelling units, except as noted above,
require a new, separate utility connection directly between the accessory dwelling unit and the
utility. The Director or designee and the Building Official has the discretion to not require a
separate connection for certain utilities depending on the circumstances. 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.
1. An ADU that is constructed with a new single-family dwelling is considered to be a new residential
use and requires a direct connection for all utilities and payment of related connection fees and
capacity charges.
2. Aside from D.1 above, the City does not require a direct utility-connection or related fee or charge
for any ADU approved under this section.
3. An Applicant must consult any other local agency, special district, or water corporation that will
provide utility services to the property to determine what direct-connection requirement, if any, the
utility provider requires for the ADU.
E. Owner Occupancy.
a. All accessory dwelling units that were created before January 1, 2020 are subject to the owner-occupancy
requirement that was in place when the accessory dwelling unit was created.
1. An accessory dwelling unit that is created after that date January 1, 2020, but before January 1, 2025, is
not subject to any owner-occupancy requirement.
2. All Unless applicable law requires otherwise, all accessory dwelling units that are created on or after
January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property in a lawful dwelling as the person’s legal domicile and
permanent residence.
3. All junior accessory dwelling units are subject to an owner-occupancy requirement. A natural person with
legal or equitable title to the property must reside on the property, in either the primary dwelling or 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 each of
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 in this section may be considered by
the City with an Administrative Modification process in Section 9107.05.
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G. Objective Design Standards for Accessory Dwelling Units
Architectural
1. The ADU must match the architectural style of the primary dwelling and provide matching architectural
elements, such as: exterior colors, materials, surface treatments, windows, trims, and exterior doors.
The materials and colors of the exterior walls, roof, and windows and doors must match the appearance
and architectural design of those of the primary dwelling.
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 not be visible from the 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
dwelling.
8. 7. 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. An ADU that is on real property that is listed in
the California Register of Historic Resources must be located so as to not be visible from any public
right-of-way
Landscape
9. 8. Landscaping must be provided to provide screening between the ADU and adjacent parcels around the
detached ADU along the rear and side property lines and there shall be at least one 15-gallon size plant
for every five linear feet of exterior wall and. Landscaping must be drought-tolerant or low water-using
plants that utilize a variety multiple varieties of drought tolerant resistant grasses, turf substitutes, or
ground covers that maintain a living and continuous planting area, and provide screening between the
ADU and adjacent parcels. Desert landscape or rock garden designs are not allowed.
10. All landscaping utilized must be taken from the city’s approved planting materials listed in the City’s
Single-Family Design Guidelines.
Other
11. 9. 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. This requirement does not
apply to state-exempt ADUs.
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12. 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 public sidewalk or right-of-way.
13. 10. 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.
11. No mezzanines or partial floors, including a loft, shall be allowed.
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EXHIBIT “B”
Text Amendments to the Development Code - Subdivisions
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Division 5 – Subdivisions
The new language is shown in “red.” Strikethrough for any language to deleted.
9105.01.060 Advisory Agency
A. Advisory Agency
1. The designated advisory agencies specified in this Subsection shall have the duty of making investigations
and reports on the design and improvement of proposed applications for the division of real property and
imposing requirements and conditions on these applications, and shall have the authority to act upon the
applications as specified below.
Table 5-1
Subdivision Review Authorities Role of Review Authority(1)
Type of Decision
Applicable
Section or
Subsection Director
City
Engineer Commission Council(2)
Amendments to Approved Tentative Maps 9105.03.120 Decision Appeal Appeal
Certificates of Compliance 9105.07.020 Decision Recommend Appeal Appeal
Correction and Amendments to Recorded
Maps 9105.03.070 Decision Appeal Decision/
Appeal
Extensions of Time – Tentative Maps, in
compliance with Section 9105.03.110
(Tentative Map Expiration and Extensions)
9105.03.110 Decision Recommend Appeal Appeal
Final Parcel Maps, Without Dedications 9105.05 Recommen
d Decision Appeal Appeal
Final Parcel Maps, With Dedications 9105.05 Recommen
d
Recommend
Decision Decision
Final Tract Maps, Vesting Tract Maps 9105.03.100 Recommen
d Recommend Decision
Lot Line Adjustments 9105.07.030 Decision Recommend Appeal Appeal
Lot Mergers 9105.07.040 Decision Recommend Appeal Appeal
Modifications to Lot Area, Depth, and Width
Requirements 9105.09.030 Decision Appeal
Reversion to Acreage 9105.07.050 Recommend Decision
Subdivision Improvement Plans 9105.09.060 Decision Appeal Appeal
Tentative Tract Maps, Vesting Tentative
Maps 9105.03 Recommen
d Decision Appeal
Tentative Parcel Maps, Vesting Tentative
Parcel Maps 9105.03 Recommen
d Decision Appeal
Tentative Parcel Maps, With Dedications 9105.05 Recommen
d Decision Appeal
Waiver of Parcel Maps 9105.05.020 Decision Appeal Appeal
Notes:
(1) "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review
authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance
with Section 9108.07 (Appeals); "Recommend" means that the review authority makes a recommendation to a
higher decision-making review authority.
(2) Decisions of the Council may not be appealed.
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2. Any advisory agency shall have the authority to refer an application to the Commission or Council for action,
as indicated in Table 5-1 (Subdivision Review Authorities), below.
3. Notwithstanding the provisions of this Subsection, any application filed in compliance with this Section that
has an associated permit application made in compliance with the provisions of this Development Code, and
is subject to action by the Commission or Council, shall be subject to those same review and hearing
requirements required for the associated permit application, in compliance with Table 7-1 (Review
Authority), located within Division 7 (Permit Processing Procedures).
B. Appeal Authorities
1. The Commission shall be the review authority for any appeal of a decision of the City Engineer or Director,
except when dealing with any maps containing dedications.
2. The Council shall be the review authority for any appeal of a decision of the Commission.
C. City Engineer. The City Engineer shall be responsible for all of the following:
1. Establishing subdivision and public improvement design and construction details, standards, and
specifications.
2. Determining whether proposed subdivision improvements comply with the provisions of this Division and the
Act.
3. Inspecting and approving subdivision improvements.
4. Review authority on amendments to recorded maps, extensions of time on tentative maps, final parcel maps
with and without dedications, lot mergers, subdivision improvement plans, and waiver of parcel maps.
5. Providing assistance to the Director on the review of amendments to approved tentative maps, certificates
of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications.
D. Director. The Director shall be responsible for all of the following:
1. Accepting certificate of compliance, lot line adjustment, parcel map, reversion to acreage, tentative map,
vesting tentative map, and similar applications for processing; and distributing the application materials to
appropriate agencies and City departments for review.
2. Investigating tentative map applications for conformity to the General Plan, applicable specific plans, and
this Development Code, and in consultation with other City departments, recommending action to the
Commission.
3. Conducting environmental analyses related to proposed applications in compliance with the California
Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.
4. Certifying amended maps, final maps, and reversion to acreage maps for substantial compliance with
approved tentative maps.
5. Review authority on amendments to approved tentative maps, certificates of compliance, lot line
adjustments, lot mergers, and tentative parcel maps without dedications.
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E. Commission. The Commission shall be responsible for all of the following:
1. Taking action to recommend approval, conditional approval, or denial of condominiums/conversions,
tentative tract map applications, and reversion to acreage maps to the Council.
2. Hearing appeals of decisions of the City Engineer and Director.
3. Reviewing and taking action to approve, conditionally approve, or deny commercial condominium and
residential condominium conversion applications.
F. Council. The Council shall be responsible for all of the following:
1. Accepting offers of dedication and improvements for divisions of land resulting in five or more lots.
2. Review authority on amendments to recorded maps, condominiums/conversions, tentative and final parcel
maps with dedications, tentative and final tract maps, and reversions to acreage maps.
3. Taking action to approve, conditionally approve, or deny any application referred by another review authority
or by appeal, or any land division application with an associated permit application filed in compliance with
the requirements of this Development Code.
9105.05.50 Final Tract or Parcel Map Approval and Recordation
After determining that the map is in compliance with Subsection 9105.05.030 (Final Map and Parcel Map Form and
Content), above, and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map
in compliance with Government Code Section 66442, and forward the map to the City Clerk for Council action in the
following manner.
G. Applicable Review Authority. The applicable review authority is specified in Table 5-1 (Subdivision Review
Authorities).
H. Review and Approval by the Review Authority
1. Timing of Review Authority’s Review. The review authority shall approve or deny the map after it receives
the map from the City Engineer or, in the case of the Council, at its regular meeting after the meeting at which
it receives the map, unless that time limit is extended with the mutual consent of the Director and the
subdivider.
2. Criteria for Approval
a. The review authority shall approve the map if it conforms to all of the requirements of the Act, all
provisions of this Development Code that were applicable at the time that the tentative map was
approved, and is in substantial compliance with the approved tentative map and all conditions of
approval.
b. If the map does not conform, the review authority shall not approve the map.
c. Where a map does not include any offers for dedication or improvement, the Director shall review the
map(s) and shall approve each map if the map conforms to the applicable requirements of the Act and
this Section. If the map(s) does not conform, it shall not be approved.
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3. Applicable Ordinances, Policies, and Standards. In determining whether to approve or deny a map, the
review authority shall apply only those ordinances, policies, and standards in effect on the date the proposal
for the subdivision was accepted as complete, in compliance with Government Code Section 66474.2.
4. Action Not to Approve a Final Tract or Parcel Map
a. If a map is not approved due to its failure to meet any of the requirements imposed by the Act or this
Section, the denial shall be accompanied by findings identifying the requirements which have not been
met or performed.
b. Approval of a map shall not be withheld when the failure of the map to comply is the result of a
technical and inadvertent error which, in the determination of the Council or, in the case of a map not
involving any offers of dedication or improvement four or fewer parcels, the Director, does not materially
affect the validity of the map.
I. Map with Dedications
1. If a dedication or offer of dedication is required on the map, the Council or City Engineer shall accept,
accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication
to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to
approve the map.
2. If the Council or City Engineer rejects the offer of dedication, the offer shall remain open and may be
accepted by the Council or City Engineer at a later date in compliance with Government Code Section
66477.2.
3. Any termination of an offer of dedication shall be processed in compliance with Government Code Section
66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9.
J. Map with Incomplete Improvements. If improvements required by this Development Code, conditions of
approval, or other applicable laws have not been completed at the time of approval of the map, the review authority
shall require the subdivider to enter into an agreement with the City as specified in Government Code Section
66462, and Subsection 9105.09.070 (Improvement Agreement Required), as a condition precedent to the approval
of the map.
K. Recording of Final Tract and Parcel Maps
1. After action by the review authority to approve the map, and after the required signatures and seals have
been affixed, together with the filing fee(s) in compliance with the Fee Schedule, the City Clerk shall transmit
the map back to the City Engineer.
2. The City Engineer shall establish an appointment with the County Recorder for filing.
3. The County Recorder shall oversee the recording of the map.
9105.09.070 Improvement Agreement Required
If all required improvements, engineering, and inspections are not satisfactorily completed before a parcel or final
map is approved, the subdivider shall, before the approval of the parcel or final map, enter into an improvement
agreement with the City where in consideration of the acceptance by the Council or City Engineer of the streets,
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easements, and any other land offered for dedication, the subdivider and the subdivider's contractor agrees to furnish
the equipment, labor, and material necessary to complete the work within the time specified in the agreement in
compliance with Government Code Section 66499.3.
9105.11.20 Dedications
D. Acceptance of Dedications
1. Council Action and Certification
a. At the time the Council or City Engineer approves a final map, it shall also accept, subject to
improvement, or reject any offer of dedication.
b. The City Clerk shall certify on the map the action of the Council.
2. Deferred Acceptance
a. If at the time the final map is approved, any streets, alleys, paths, public utility easements, rights-of-way
for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that
directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to
Code of Civil Procedure Section 771.010, the offer of dedication shall remain open and the Council or
City Engineer may by resolution at any later date, and without further action by the subdivider, rescind
its action and accept and open the streets, alleys, paths, rights-of-way for local transit facilities including
benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a
subdivision, or storm drainage easements for public use, in compliance with Subparagraph B. 2.
(Future Dedication), above.
b. The acceptance shall be recorded in the office of the County Recorder.
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EXHIBIT “C”
Text Amendments to the Arcadia Municipal Code –Change in
Allowable Hours for Gardening and Landscaping
22
Chapter 6 – Noise Regulations
The new language is shown in “red.” Strikethrough for any language to deleted.
4630.2. Noise. Gardening And Landscaping.
No person shall operate any mechanical equipment related to the gardening and/or landscaping of any property
within a residential zone other than from seven (7) a.m. to seven (7) p.m., Monday through Saturday, and from nine
(9) a.m. twelve (12) p.m. to five (5) p.m. on Sundays within all residential zones; provided, however, that use of
mechanical equipment for tree trimming on Sundays shall be prohibited. (Added by Ord. 2246 adopted 10-7-08)
23
EXHIBIT “D”
Text Amendments to the Arcadia Municipal Code – Non-operating
Nonresidential Properties Regulations
24
Chapter 4 – Property Maintenance and Nuisance Abatement Code
The new language is shown in “red.”
9407. Registration Of Non-Operating Properties.
9407.1 Purpose.
It is the purpose and intent of the City of Arcadia, through the establishment of a non-operating property
registration program to protect commercial or industrial areas from becoming blighted by a lack of adequate
maintenance and/or security of properties and to prevent these properties from becoming a further liability to the
surrounding area and community. The purpose and intent of such program is to require property owners of non-
operating properties to address the lack of adequate maintenance and security of their properties.
9407.2 Definitions.
For the purposes of this Division, the following definitions shall apply:
A. “Non-operating property” means a building, structure, or lot intended for commercial or industrial uses but
which is not currently operating any commercial or industrial operations. “Non-operating property”
includes but is not limited to vacant properties, properties under development or redevelopment,
properties in construction, and properties that have completed construction and are awaiting occupancy.
“Non-operating property” does not include residential property other than vacant property that is intended
or zoned for mixed uses.
9407.3 Registration.
A. The owners of non-operating property shall register the property with the City. Registration shall be
completed either voluntarily by the property owner or within thirty (30) days of service of an order to
register. The Director, Building Official, or their respective designee may issue an order to register.
Owners shall not be liable for failure to register unless the owner has been ordered to register in
accordance with this section. The Director may waive the registration requirement for any property that
is adequately secured and maintained, does not contain nuisance or substandard conditions, and does
not contain conditions making it an accessible or attractive nuisance to trespassers.
B. The registration shall identify the name and contact information for the property owner(s) and two
authorized contacts for the property. At least one contact shall be identified as a twenty-four (24) hour
contact phone number for a person or company who is authorized to act on behalf of the owner. The
24- hour contact must be local and must be able to respond to problems related to the property within
one hour of receiving telephone notice.
EXCEPTION: If the owner provides the name of a bona fide property management company that is
actively engaged in managing properties, that is available twenty-four hours a day to respond to calls
and that has an office located within 20 miles of the property then the owner will not need to provide
information for any additional contacts.
C. In completing the registration, the property owner shall acknowledge that: (1) the property owner shall
be strictly liable for any failure to maintain the property or to respond within a timely manner regarding
problems at the property, and (2) the City may enter the property to summarily abate any substandard
or nuisance condition.
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D. The property owner shall pay an annual fee to the City in an amount set by the City Council for the
City’s costs of administering the registration program. The fee shall be due together with the
registration.
E. The property owner and any other party responsible for the non-operating property shall be liable for
the City's costs related to non-operating property, including but not limited to costs to respond to
trespass and nuisance conditions, abatement and enforcement. Costs shall be recoverable pursuant to
Section 9405. Unless prohibited by state law, the City may withhold issuance of business licenses,
building permits, certificates of occupancy, and other permits, licenses, or entitlements until the property
owner makes payment of all outstanding City costs.
9407.4 Violations
A. It shall be unlawful and a violation of this Code for a property owner to fail to register a non-operating
property, which shall be treated as a strict liability offense regardless of intent.
1. An owner's failure to register a non-operating property shall be deemed an infraction and shall be
punishable pursuant to Section 1200(b) of the Arcadia Municipal Code.
2. An owner's failure to register a non-operating property shall be subject to administrative fines
pursuant to Chapter 4A of Article I of the Arcadia Municipal Code.
3. Each day that a non-operating property remains unregistered shall be a separate offense.
4. The owner shall only be liable for a violation under this subsection if the City first gave an order to
the owner to register.
B. It shall be unlawful and a violation of this Code for an owner to fail to respond, either personally or
through an authorized agent, to any contact from the City within 48 hours, or within one (1) hour if the
contact relates to an immediate public health and safety concern, which shall be treated as a strict
liability offense regardless of intent.
1. If the owner or authorized contact person cannot be timely reached, does not timely respond, or
does not abate any substandard conditions, it shall be grounds for the City to proceed with
summary abatement and recover its costs pursuant to Sections 9404 and 9405 of the Arcadia
Municipal Code.
2. If an authorized contact person cannot be reached, the owner shall be liable for an infraction, which
shall be punishable pursuant to Section 1200(b) of the Arcadia Municipal Code.
3. If an authorized contact person cannot be reached, the owner shall be subject to an administrative
fine pursuant to Chapter 4A of Article I of the Arcadia Municipal Code.
9407.5 Maintenance Standards
A. Nonresidential properties shall not be substandard as defined in Section 9402.6. Substandard.
B. Failure to adhere to the maintenance standards for nonresidential properties shall be a public nuisance,
subject to abatement or summary abatement in accordance with this Code.
Attachment No. 2
Attachment No. 2
Planning Commission Minutes
February 14, 2023
ARCADIA PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY, FEBRUARY 14, 2023
-EXCERPT-
Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made
available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California,
during normal business hours.
1. Resolution No. 2114 – Recommending that the City Council approve Text Amendment No. TA 22-
03 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal
Code pertaining to Accessory Dwelling Units (ADU) and Final Parcel Maps with dedications, and
amending Article IV of the Arcadia Municipal Code, Chapter 6 (Noise Regulation) the allowable hours
for gardening, and landscaping, and Chapter 4 (Property Maintenance and Nuisance Abatement
Code) to establish requirements and regulations for non-operating properties in non-residential zones
CEQA: Exempt
Recommendation: Adopt
Applicant: City of Arcadia – Development Services Department
MOTION- PUBLIC HEARING
Deputy Development Services Director, Lisa Flores, presented some background on the four text
amendments and handed it over to Assistant Planner Alison MacCarley to present the proposed
changes.
Commissioner Wilander asked if there is any possibility to also change Saturday’s hours for the
gardening and landscaping ordinance. Ms. Flores said the comments and recommendations can
be passed on to the City Council, but the Commission can certainly recommend any other
changes to the hours.
Commissioner Tallerico then asked if there are a lot of non-operating properties.
Management Analyst, Alana Bautista, explained there are not many non-operating properties in
non-residential areas that are a nuisance. However, the City wanted to establish a program that
would hold those that are a nuisance responsible.
Chair Thompson asked about Accessory Dwelling Units and the regulation regarding the proximity
to public transit. He then asked about the dedications on the Parcel Maps.
Ms. MacCarley explained the State would like to encourage the use of public transportation and
therefore incorporated that regulation for Accessory Dwelling Units. Regarding the Parcel Maps,
Ms. MacCarley explained the goal is to streamline the process.
Chair Thompson added he does not agree with amending the gardening allowable hours to noon
on Sundays.
Vice Chair Tsoi asked for clarification for the definition of non-operating properties and Ms.
Bautista confirmed that this amendment does not include residential properties as there is already
a program in place that requires the registration of vacant residential properties.
2 2/23/2021
Commissioner Hui commented on the lack of maintenance of non-residential properties. Staff
clarified this would be addressed through Code Services and the properties would be subject to
notices of violations and if escalated, administrative citations.
City Attorney Mike Mauer went into detail about the new process for addressing non-operating
nuisance properties and how property maintenance will be enforced.
Vice Chair Tsoi asked about the new height limit for Accessory Dwelling Units. Ms. MacCarley
explained the City will still be limiting detached ADU to single story where we are allowed to.
Commissioner Hui asked about second stories on garages. Ms. MacCarley explained ADU are
permitted in garages as a conversion, but not above a detached garage.
It was moved by Vice Chair Tsoi seconded by Commissioner Wilander, to close the public hearing.
Without objection, the motion was approved.
DISCUSSION
Chair Thompson and Commissioner Wilander would like their comments forward to the City
Council and that the gardening hours on Sunday should change to 9 a.m. instead of noon since
most property owners, like themselves, would prefer to mow their lawn or get their yard work done
before it gets hot in the summertime. Starting any yard work at noon would be brutal because of
the heat.
MOTION
It was motioned by Commissioner Wilander and seconded by Commissioner Tallerico to adopt
Resolution No. 2114 recommending that the City Council approve the Text Amendment No. TA
22-03 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia
Municipal Code pertaining to Accessory Dwelling Units (ADU) and Final Parcel Maps with
dedications, and amending Article IV of the Arcadia Municipal Code, Chapter 6 (Noise Regulation)
the allowable hours for gardening, and landscaping, and Chapter 4 (Property Maintenance and
Nuisance Abatement Code) to establish requirements and regulations for non-operating
properties in non-residential zones
ROLL CALL
AYES: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, and Wilander
NOES: None
ABSENT: None
Motion was approved.
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Attachment No. 3
Attachment No. 3
Planning Commission Resolution No. 2114
and Staff Report
DATE: February 14, 2023
TO: Honorable Chair and Planning Commission
FROM: Lisa Flores, Deputy Development Services Director
By: Alison MacCarley, Assistant Planner
SUBJECT: RESOLUTION NO. 2114 – RECOMMENDING THAT THE CITY COUNCIL
APPROVE TEXT AMENDMENT NO. 22-03 AMENDING VARIOUS
SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF
THE ARCADIA MUNICIPAL CODE PERTAINING TO ACCESSORY
DWELLING UNITS (ADU) AND FINAL PARCEL MAPS WITH
DEDICATIONS, AND AMENDING ARTICLE IV OF THE ARCADIA
MUNICIPAL CODE, CHAPTER 6 (NOISE REGULATION) THE
ALLOWABLE HOURS FOR GARDENING, AND LANDSCAPING, AND
CHAPTER 4 (PROPERTY MAINTENANCE AND NUISANCE
ABATEMENT CODE) TO ESTABLISH REQUIREMENTS AND
REGULATIONS FOR NON-OPERATING PROPERTIES IN NON-
RESIDENTIAL ZONES
CEQA: Exempt
Recommendation: Adopt
SUMMARY
The Development Services Department has initiated a Text Amendment to amend and
update various sections of the City’s Development Code and Municipal Code. The Text
Amendment consists of: 1) An update of the Accessory Dwelling Unit Ordinance in the
Development Code due to recent changes in State law; 2) Changes to approval process
for Final Parcel Maps with Dedications in the Development Code; 3) A minor change to
Chapter 6 of Municipal Code pertaining to noise related to gardening and landscaping;
and 4) An amendment to Chapter 4 of the Municipal Code (Property Maintenance and
Nuisance Abatement Code) to establish requirements and regulations pertaining to non-
operating properties in non-residential zones. As such, it is recommended that the
Planning Commission adopt Resolution No. 2114, recommending that the City Council
approve Text Amendment No. TA 22-03 and determine the Text Amendment is exempt
from the California Environmental Quality Act (“CEQA”).
Text Amendment No. 22-03
February 14, 2023
Page 2 of 8
BACKGROUND
Accessory Dwelling Unit Ordinance Update
Over the past decade, the State legislature has enacted legislation that has reduced
barriers for property owners to develop accessory dwelling units on residentially zoned
properties. Accessory Dwelling Units are seen by housing advocates and the State
legislators as a way to relieve some of the stress of the ongoing housing availability crisis
within the State. Accessory Dwelling Units are fully contained, secondary units which can
be rented out separately from primary dwelling on any residentially zoned property in the
City. In 2022, the California State Legislature approved, and Governor Newsom signed,
two new laws; AB 2221 and SB 897. These two bills went into effect on January 1, 2023.
These two laws amended Government Code Section 65852.2 include changes to the
existing Accessory Dwelling Unit (ADU) laws, as shown in the text amendment, which is
later discussed under the Analysis – refer to Exhibit A of Attachment No. 1. The City seeks
to update the current ADU ordinance to comply with the new regulations and clarify
development standards regarding ADUs in the City.
Final Parcel Maps with Dedications
Staff undertook a review of the City’s processes for various project types and identified
Final Parcel Maps with Dedications as a process that can be simplified and expedited.
The Development Code requires that all Final Parcel Maps with Dedications shall be
approved by the City Council. However, this process can be streamlined where the
dedication and parcel map can be accepted and approved by the City Engineer as long
as the tentative parcel map with the dedication was approved by the Planning
Commission.
Change in Allowable Hours for Gardening and Landscaping
At the January 19, 2021, City Council meeting, the City Council discussed the possibility
of changing the allowable hours for noise related to gardening and landscaping in the
residential areas, which are currently Monday through Saturday from 9:00 a.m. to 5:00
p.m., and on Sundays from 7:00 a.m. to 7:00 p.m. A staff report was prepared at that time
that included an evaluation of the City’s current regulations, a study of neighboring cities'
regulations, the low volume of complaints the City receives regarding this matter, and
proposed alternative regulatory options. At the conclusion of the City Council’s
discussion, the City Council made the decision to table the subject. The subject was
brought forward again at the November 1, 2022, City Council meeting for further
discussion. As a result of the discussion at this meeting, the City Council voted 4-1 for
staff to prepare an Ordinance to amend Article IV, Section 4630.2 of the Arcadia Municipal
Code to change the hours of operation for noise related to gardening and landscaping
only on Sundays from 9:00 a.m. to 5:00 p.m. to 12:00 p.m. to 5:00 p.m.
Text Amendment No. 22-03
February 14, 2023
Page 3 of 8
New Requirements and Regulations for Non-Operating Properties in Non-Residential
Zones
The City is proposing new requirements and regulations for registration of non-operating
properties in non-residential zones. The purpose of establishing a registration program
on non-operating properties is to protect the commercial or industrial areas from
becoming blighted by a lack of adequate maintenance and/or security and to prevent
these properties from becoming a further liability to the surrounding area and community.
Although this does not occur frequently, the City has dealt with non-operating properties
that have presented serious maintenance and security issues that have required
responses from various City departments. Establishing this program would enable the
City to charge for costs incurred through inspections, abatements, emergency calls, and
other various responses on a non-operating property.
DISCUSSION
There are four text amendments being proposed. Two of which are changes to the
Arcadia Development Code regarding the Accessory Dwelling Units (ADU) regulations
and Final Parcel Map with a dedication, and the other two changes are to the City’s
Municipal Code regarding the change in hours for gardening and landscaping and a new
program pertaining to Property Maintenance and Nuisance Abatement for “non-occupant”
properties.
1. Accessory Dwelling Unit Ordinance Update
The City has updated the Accessory Dwelling Unit (ADU) Ordinance four times in the last
five years to comply with all the changes that the State has made to the ADU laws. The
State has included more changes to the ADU regulations that went into effect on January
1, 2023. The City, therefore, must update its ADU ordinance to be in compliance with
State law.
The update will include the following changes to the ADU Ordinance:
• Maximum height for Attached ADUs in any Residential Zone: The maximum
height for an attached ADU is 25 feet or the maximum height limit that applies to
the primary dwelling, whichever is lower, and it is still limited to a maximum of two
stories. Previously, the maximum height for attached ADUs was the height of the
existing primary dwelling.
• Maximum Height in Multi-family Zones: The maximum height for a detached
ADU was increased from 16 feet to 18 feet tall, as measured to the top of the ridge
but the limitation of a single-story will remain the same.
Text Amendment No. 22-03
February 14, 2023
Page 4 of 8
• Front Setback: The front setback for a primary home can be modified to allow the
primary dwelling to encroach into the front setback provided that it allows for
construction of an up-to 800 square foot ADU that meets height limits and complies
with four-foot side and rear setback requirements.
• Junior Accessory Dwelling Units (JADUs): A Junior Accessory Dwelling Unit
(JADU) must be “within the walls” of a proposed or existing single-family dwelling.
This location requirement now expressly includes existing attached garages. The
maximum square footage for a JADU still remains at 500 square feet.
• ADUs Near a High-Quality Transit - This is a new regulation that now allows a
detached ADU that is within half a mile of walking distance from high quality transit
and within a single-family or multi-family zone up to 18 feet (was 16 feet) in height
and single story plus an additional two (2) feet in height may be allowed for the
structure to match the roof pitch of the existing primary structure.
The changes to allowable ADU heights will affect all ADUs within the City. To summarize,
all detached ADUs, regardless of the zone, will continue to be limited to one story. For
single-family zoned properties, the allowed maximum height will only change to be 18
feet for properties within a half mile walking distance of the train station or a high-quality
transit corridor. Only a small number of single-family zoned properties fall within the half
mile walking distance area. All other single-family zoned properties will continue to have
a maximum height of 16 feet. In all multi-family zones, the maximum allowable ADU height
has increased from 16 feet to 18 feet.
The State has also changed the applicability of front setbacks regarding Statewide
Exempt ADUs (SEADU). A SEADU is an ADU of up to 800 square feet with minimum four
feet rear and side setbacks, and a maximum height of 16 feet, and is a ministerial action.
It may be attached or detached. When in cases that there is not enough room in the rear
or side yard area(s) for a SEADU, the primary dwelling may encroach into the front yard
setback in order to accommodate the construction of a new SEADU in the rear or side
yard area.
State law now clarifies that existing attached garage(s) may be converted into JADUs,
however it will still be limited to 500 square feet. Previously, it was unclear under State
law whether attached garages were considered “within the walls of the primary dwelling”.
The State has now clarified that attached garages are “within the walls of the primary
dwelling” and therefore can be converted into JADUs. Where an attached garage is larger
than 500 square feet, only a maximum of 500 square feet can be converted into a JADU
– the balance area would remain as a garage.
Text Amendment No. 22-03
February 14, 2023
Page 5 of 8
2. Final Parcels Maps with Dedications
Under the current provisions of the Development Code, a Final Parcel Map with a
dedication requires approval by the City Council. As a charter city, the City of Arcadia has
authority over its municipal affairs, which include establishing procedures for the
acceptance of dedications. Approval of a final parcel map is a ministerial action, provided
that the final map is consistent with and implements the requirements of an approved
tentative map. The City Engineer thus makes the determination whether any dedications
are appropriate, and the City Council’s approval is mere procedural formality. The
Subdivision Map Act allows for a procedure where the City Engineer approves a final map
with dedications, but the procedure still requires formal notice to the City Council and an
opportunity to appeal the final map approval to the City Council. This procedure is
potentially more cumbersome to implement rather than providing a more efficient process.
Therefore, the City Council may exercise its home rule authority in order to streamline the
process, and thus the proposed text amendment no longer requires that a final parcel
map with a dedication be approved by the City Council. If the dedication changes in any
way, it would have to be referred back to the Planning Commission for re-approval. The
City Engineer would not have any authority to act on a land use decision. By changing
this process, it should reduce the review period by four weeks.
Change in Allowable Hours for Gardening and Landscaping
As a result of the discussion at the November 1, 2022, City Council meeting, on allowable
hours for noise related to gardening and landscaping in the residential areas and with the
intention to minimize noise created from gardening and landscaping on Sundays, the City
Council voted 4-1 for staff to prepare an Ordinance to amend Article IV, Section 4630.2
of the Arcadia Municipal Code to change the hours of operation for noise related to
gardening and landscaping only on Sundays from 9:00 a.m. to 5:00 p.m. to 12:00 p.m. to
5:00 p.m.. Amending the hours on Sundays would shorten the time frame for gardening
and landscaping on this day and would limit noise that is produced from these activities
in the early morning. The allowable hours on Monday through Saturday will remain the
same, which are from 7:00 a.m. to 7:00 p.m.
Arcadia Municipal Code pertaining to Property Maintenance and Nuisance
Abatement Code
The proposed program would apply to all “non-operating” properties, which the ordinance
defines as commercial or industrial (including mixed use) that are not actively engaged in
commercial or industrial operations. The definition includes vacant properties, as well as
those under construction or redevelopment. The goal is to that the City has a responsive
contact that can respond quickly to issues on site and can be responsible for ensuring the
site is sufficiently secured and maintained. The property owner of a non-operating
property would be required to register the property with the City only if ordered by the
City. In addition to registering the property with the City, the property owner would be
required to pay an annual registration fee and would be subject to any and all additional
Text Amendment No. 22-03
February 14, 2023
Page 6 of 8
costs incurred by the City in relation to the maintenance or security of the property. The
annual registration fee would be required for as long as the property remains on the
registry and the City would have the sole authority to remove the property from the
registry. As part of the regulations of these properties, the City is also proposing that
conditions of approval be placed on project approvals and entitlements. These conditions
of approval would focus on the maintenance and security of a property once it has been
developed. Development Services Department would ensure these conditions of
approval are implemented.
FINDINGS
Pursuant to Section 9108.03.060, an amendment to the Development Code may be
approved only if all of the following findings are made:
1. The proposed Development Code amendment is consistent with the goals,
policies, and objectives of the General Plan and any applicable specific plan(s).
Facts to Support the Finding: The proposed Text Amendment will be consistent
with the General Plan as the purpose of the proposed text amendments are to
update the City’s ADU Ordinance to comply with recently updated State ADUs
provisions, expedite processing of final maps with a dedication by authorizing the
City Engineer to approve these applications, change hours of operation for
landscaping, gardening, and noise, and to implement a program to regulate
nuisance nonresidential properties. The Ordinance will improve the condition of
existing and future housing opportunities for all Arcadia residents, and remove
governmental constraints, and improve the condition of commercial zones by
regulating nuisance properties. The goals, policies, and program actions in the
Ordinance are consistent with all other Elements of the General Plan in that they
further the City’s overall goals to create a diverse, sustainable, and balanced
community by implementing strategies and programs that maintain Arcadia as a
desirable place to live and do business.
2. The proposed amendment is internally consistent with other applicable
provisions of this Development Code.
Facts to Support the Finding: The proposed Text Amendment includes codifying
development standards for Accessory Dwelling Units and Junior Accessory Dwelling
Units in compliance with new State law. The new development standards and
regulations for accessory dwelling units and junior accessory dwelling units are
consistent with other applicable provisions of the Development Code. The changes
to Division 5 of the Development Code will impact the way that Final Parcel Maps
with Dedications are processed, and will be consistent with other provisions of the
Development Code. Updating the City’s regulations regarding landscaping hours on
Sundays will not contradict or otherwise processed with any provisions of the
Development Code. Implementing a property maintenance and nuisance abatement
Text Amendment No. 22-03
February 14, 2023
Page 7 of 8
program for commercial properties will not be in conflict with any provisions of the
Development Code. Therefore, the proposed Text amendment is internally
consistent with other applicable provisions of this Development Code.
ENVIRONMENTAL ASSESSMENT
The California Environmental Quality Act (CEQA) together with State CEQA Guidelines
and procedures require that certain projects be reviewed for environmental impacts and
that environmental documents be prepared. The proposed update to the ADU Ordinance,
Final Parcel Map with Dedications, and update to the Arcadia Municipal Code regarding
Noise, Gardening, and Landscaping, and Property Maintenance and Nuisance
Abatement are exempt from the requirements of CEQA pursuant to CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that the proposed text
amendments would not have a significant effect on the environment and, thus, are not
subject to CEQA review. See Attachment No. 2 for the Preliminary Environmental
Assessment.
PUBLIC COMMENTS/NOTICE
Pursuant to Section of the Development Code 9108.13.020.B.2, if the number of property
owners to whom notice would be mailed is more than 1,000, a notice may be published in
a general circulation news publication. Accordingly, a public hearing notice for Text
Amendment No. TA 22-03 was published in the Arcadia Weekly on January 26, 2023. As
of February 9, 2023, no comments were received in response to the notice.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2114,
recommending that the City Council approve Text Amendment No. TA 22-03 amending
various sections of Chapter 1, Article IX, of the Arcadia Development Code related to
Accessory Dwelling Units and Final Parcel Maps as well as amendments to Article IV,
Chapter 6 (Noise Regulation) regarding noise, gardening, and landscaping, and Chapter
4 (Property Maintenance and Nuisance Abatement Code) to establish requirements and
regulations for nuisance nonresidential properties and with a statutory exemption from
the California Environmental Quality Act.
If any Planning Commissioner or other interested party has any questions or comments
regarding this matter prior to the February 14, 2023, hearing, please contact Assistant
Planner, Alison MacCarley at (626) 574-5447, or by email at
Amaccarley@ArcadiaCA.gov
Text Amendment No. 22-03
February 14, 2023
Page 8 of 8
Approved:
Lisa L. Flores
Deputy Development Services Director
Attachment No. 1: Resolution No. 2114 with Text Amendments
Attachment No. 2: Preliminary Exemption Assessment
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: Ordinance No. 2396 related to Text Amendment no. TA 22-03
amending various sections of Article IX, Chapter 1
(Development Code) Of The Arcadia Municipal Code
Pertaining To Accessory Dwelling Units (ADU) and Final
Parcel Maps with Dedications, and amending Article IV,
Chapter 6 (Noise Regulation) regarding Noise, Gardening,
And Landscaping, And Chapter 4 (Property Maintenance and
Nuisance Abatement Code) To Establish Requirements and
Regulations For Nuisance Nonresidential Properties
2. Project Location – Identify street
address and cross streets or
attach a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
City of Arcadia - Citywide
3. Entity or person undertaking
project:
A City of Arcadia – Development Services Department
B Other (Private)
(1) Name
(2) Address
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California
Environmental Quality Act (CEQA)" has concluded that this project does not require further
environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class:
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise
exempt on the following
basis:
The proposed update to the ADU Ordinance, Final
Parcel Map with Dedications, and update to the
Arcadia Municipal Code regarding Noise and
Nuisance Nonresidential Properties are exempt from
the requirements of CEQA pursuant to CEQA
Guidelines Section 15061(b)(3) because it can be
seen with certainty that they would not have a
significant effect on the environment and, thus, are
not subject to CEQA review.
Preliminary Exemption Assessment FORM “A”
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date:
February 6, 2023
Staff:
Alison MacCarley, Assistant Planner