AGENDA
ITEM
8 AGENDA
ITEM
CALEXICO California
CALITORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: December 6, 2023
TO: City Council
APPROVED BY:
PREPARED BY: Francisco Barba, Development Services Director MBab SUBJECT: Introduction and First Reading by Title Only of an Ordinance Adopting A Zone Text Amendment Amending Article II and Removing Article III Under Chapter 17.03 of the Calexico Code of Ordinances Related to Accessory Dwelling Units and Junior Accessory Dwelling Units.
Recommendation:
Conduct a public hearing to introduce the proposed text amendment, conduct a first reading, by title only, and provide directive to city staff to present the item during the next regularly scheduled City Council meeting for a second reading, by title only, and consideration for adoption by City Council.
Background:
The current iteration of the City of Calexico Zoning Ordinance does not comply with the requirements mandated by Senate Bill "SB" 897 and Sections 65852.2 and 65852.22 of the California Government Code. The Development Services Department has experienced an increase in ADU and JADU development, but the outdated regulations in the City of Calexico Code of Ordinances have made reviewing said applications in accordance with the State ADU Law difficult. In compliance with California Government Code Sections 65852.2 and 65852.22, the City of Calexico wishes to reasonably regulate ADU and JADU development by proposing the text amendment included as Attachment A of this staff report. The proposed text amendment will remove Article III and amend Article II, both under Chapter 17.03 of the Calexico Code of Ordinances, to provide a combined process for the reasonable regulation of both ADU and JADU developments in the City.
The proposed text amendment was presented to the City of Calexico Planning Commission during a public hearing held on November 13, 2023. Upon reviewing all relevant documentation and opening the floor for public comments, the Planning Commission unanimously voted to remove the landscaping and rent reporting requirements and recommend approval of the proposed text amendment to the City Council.
The purpose of this item is to present the proposed text amendment to the City Council so that they may conduct a first reading by title only.
Discussion and Analysis:
Existing Requirements. As previously mentioned, the Current implementation of the City of Calexico Code of Ordinances does not have an established procedure to ensure the safe development of ADUs and JADUs within the City. Additionally, the current ADU ordinance is not in compliance with the requirements of California Government Code Sections 65852.2 and 65852.22. To comply with state requirements, the City of Calexico must update its Code of Ordinances with regard to ADU and JADUs and establish a procedure for the reasonable regulation of ADU and JADU developments.
Proposed Amendment. To comply with California Government Code Sections 65852.2 and 65852.22, the proposed text amendment will remove Article Ill and amend Article II, both under Chapter 17.03 of the Calexico Code of Ordinances.
The amendment to Article II under Chapter 17.03 of the Code of Ordinances will add new standards for the regulation of ADUs and JADUs. These requirements will add a new process and requirements for the review of ADU and JADU applications in compliance with State Law. The removal of Article III is a result of Article II being combined for both ADUs and JADUs. The current iteration of the Code separates ADUs to Article II and JADUs to Article III both under Chapter 17.03 of the Code of Ordinances. Once the ADU and JADU requirements are combined under Article II, Article III will be void resulting in its removal.
Planning Commission Findings:
As previously mentioned, the proposed text amendment was presented to the Planning Commission during a public hearing held on November 13, 2023. During the meeting, city staff highlighted five main items of the proposed text amendment to the Planning Commission for their review and consideration. The five highlighted items are as follows:
1. Rent Reporting. Section 17.03.250 of Attachment A previously provided a rent reporting requirement which consisted of having landlords provide a mandatory report of tenant payments on a yearly basis. It should be noted that the City Attorney's Office stated that rent reporting for ADUs is not required by state law. While the addition of rent reporting would provide the city with important housing data which may be utilized in future plan updates (General Plan, Housing Element, Service area plan, etc.), it may also increase the current workload to an already understaffed Development Services Department. The additional workload may have also required the city to allocate time and resources in order to train staff in the new procedures involved with rent reporting.
Upon carefully reviewing the requirements in Section 17.03.250 of the proposed text amendment, the Planning Commission voted to remove the rent reporting requirement from the proposed text amendment.
2. Landscape Requirements. Section 17.03.260 of Attachment A previously provided a landscaping requirement which consisted of adding landscaping on all ADU setbacks as screening. Both the City Attorney's Office and Planning Division insisted on having this requirement omitted as it may restrict first responder access to the ADU.
Upon carefully reviewing the requirements in Section 17.03.260 of the proposed text amendment, the Planning Commission voted to remove the landscaping requirement from the proposed text amendment.
3. Historical Protections. Subsection 17.03.260(I) of Attachment A requires ADUs located within 600 feet of a property listed in the California Register for Historic Resources to be screened from the City of Calexico Right of Way. There are currently 3 locations in the City of Calexico listed on the state register. These locations are the Carnegie Library, Camp Salvation, and the United States Port of Entry.
Upon carefully reviewing the historical protections requirements in Subsection
17.03.260(I) of the proposed text amendment, the Planning Commission voted to retain the requirement as listed in Attachment A.
4. Nonconforming ADUs and Discretionary Approval. Section 17.03.290 of Attachment A allows ADUs and JADUs that do not meet the requirements of the proposed amendment to be permitted subject to a Conditional Use Permit (CUP) approved by the Planning Commission. This section is optional and only serves to provide some relief to applicants of nonconforming ADUs.
Upon carefully reviewing the nonconforming requirements in Section 17.03.290 of the proposed text amendment, the Planning Commission voted to retain the requirement as listed in Attachment A.
5. Additional Considerations. Subsections (B), (C), and (D) under Section 17.03.260 of Attachment A provide placeholders for the front yard setback, lot coverage, and open space requirements of ADUs. The current iteration of the draft ordinance requires a 25- foot front yard setback, a 50 percent lot coverage requirement, and a 50 percent open space requirement.
Upon carefully reviewing the placeholder values in Subsections (B), (C), and (D) under Section 17.03.260 of the proposed text amendment, the Planning Commission voted to retain the requirement as listed in Attachment A.
Environmental
CEQA (California Environmental Quality Act) is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. A public agency must comply with CEQA when a project "receives some discretionary approval from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment." Compliance can be met by determining whether a project is exempt from CEQA or preparing an environmental analysis, typically a negative declaration (ND), mitigated negative declaration (MND) or environmental impact report (EIR).
The proposed text amendment is exempt from CEQA review via Section 15061(b)(3) of the CEQA Guidelines for Implementation which states the following:
"The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." (California Code of Regulations).
As a Municipal Code text amendment, it can be seen with certainty that there is no possibility that the proposed text amendment may result in a significant effect on the environment.
Public Hearing
A Public Hearing Notice for the proposed project was sent to the local newspaper for posting on November 20, 2023, and subsequently posted at City Hall.
Fiscal Impact
If the proposed text amendment were approved, the city will potentially see an increase in building permit applications for ADUs and JADUs. All permit application and review fees will be acquired by the city.
Coordinated With:
City Manager's Office
Attachments
Attachment A - Text Amendment as Modified by Planning Commission Attachment B - Public Hearing Notice
Attachment C - Draft City Council Ordinance
Attachment A - Text Amendment as Modified by
Planning Commission
ZONING TEXT AMENDMENT
CITY OF CALEXICO ZONING TEXT AMENDMENT - ADU AND JADU REGULATIONS • Underline is proposed new language
• Strike through is existing language to be deleted
• Standard type is existing language to be retained
1. ARTICLE II. - REGULATIONS FOR ACCESSORY DWELLING UNITS
17.03.210 - Purpose.
The purpose of this article is to provide reasonable regulations for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in certain areas and on lots developed or proposed to be developed with single-family or multi-family residential dwellings.
Such accessory dwelling units ADUs and JADUs contribute needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the city of Calexico. In addition, the regulations in this article are intended to promote the goals and policies of the city's general plan and comply with requirements codified in the state planning and zoning law related to accessory dwelling units ADUs and JADUs in residential areas, including California Government Code section sections 65852.2 and 65852.22.
17.03.220 - Definitions
As used in this section, terms are defined as follows:
A. "Accessory dwelling unit" means a residential dwelling unit that is detached from, attached to, or located within the living area of an existing primary dwelling unit, and that provides independent living facilities for one or more persons. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in section 18007. or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable Size in relation to the size of the JADU.
E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined in subsection 17.03.220(D) above.
F. "Living area" is defined as the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure.
G. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
H. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
I. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
J. "Public transit" means a location, including, but not limited to, a bus stop or train station. where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
K. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.03.230 - Effect of Conforming aAccessory Dwelling #Unit.
An accessory dwelling unit ADU or JADU that conforms to the standards in this chapter section shall: not be:
A. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;
B. Be deemed a residential use that is consistent with the general plan and the zoning designations for the lot Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Not be Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service Required to correct a nonconforming zoning condition, as defined in subsection 17.03.220(G) above. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
17.03.240 - Locations permitted Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Except as provided in subparagraph (B), accessory dwelling units may be permitted in the following zones Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 17.03.250 below, it is allowed with only a building permit in the following scenarios:
1. The zones must be single family residential Converted on Single-family Lot:
One ADU as described in this subsection 17.03.240(A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
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; and
Has exterior access that is independent of that for the single-family dwelling; and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code Section 65852.22.
Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 17.03.240(A)(1) above, if the detached ADU satisfies each of the following limitations:
The side- and rear-yard setbacks are at least four feet.
The total floor area is 800 square feet or smaller.
The peak height above grade does not exceed the applicable height limit in subsection 17.03.250(B) below.
Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 17.03.240(A)(3), 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.
4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b) The peak height above grade does not exceed the applicable height limit provided in subsection 17.03.250(B) below.
B. Accessory dwelling units that meet the requirements of Section 17.03.260(B) may be tocated in any single family residential zone. ADU Permit.
1. Except as allowed under subsection 17.03.240(A) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 17.03.250 and 17.03.260 below.
2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance.
The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 17.03.240(C)(2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
17.03.250 - Permit procedures General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under subsections
17.03.240(A) or 17.03.240(B) above:
A. Permits Zoning.
1. Except as provided in subparagraph (2), approved applications for an accessory dwelling unit will result in an accessory dwelling unit permit. The applicant shall also obtain a building permit as required by the building code and record a deed restriction as provided in Section 17.03.270. An ADU or JADU subject only to a building permit under subsection 17.03.240(A) above may be created on a lot in a residential or mixed-use zone.
Exception. Accessory dwelling units that meet the requirements of Section
17.03.260(B) shall obtain a building permit as required by the building code and record a deed restriction as provided in Section 17.03.270. An ADU or JADU subject to an ADU permit under subsection 17.03.240(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
B. Application Processing Height.
1. Applications for an accessory dwelling unit permit must be submitted to the director of development services on a form and with information and materials, as adopted by the director Except as otherwise provided by subsections 17.03.250(B)(2) and
17.03.250(B)(3) 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.
2. The director may collect a fee for processing the application, provided such fee is approved by resolution or ordinance of the city councit 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 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.
3. 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.
4. 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 17.03.250(B)(4) may not exceed two stories.
5. For purposes of this subsection 17.03.250(B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
C. Review Fire Sprinklers.
1. The director will review and approve complete applications for an accessory dwelling -unit permit comply with the requirements of
Sections 17.03.260 (Standards) and 17.03.270 (Deed Restrictions). The accessory dwelling unit permit application shall be considered magisterially without any discretionary review or a hearing. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
2. The director will approve or disapprove of an application for an accessory dwelling unit permit within one hundred twenty days after receiving the complete application The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
3. Except as otherwise provided in this article, the construction of an accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7, Division 1, Chapter S (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single- family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
G. Owner Occupancy:
1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
2. Unless applicable law requires otherwise, all ADUs that are permitted 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 as the person's legal domicile and permanent residence.
3. As required by state law, all JADUs 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 JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection
17.03.240(G)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.
Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to. obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
I. Building & Safety.
1. Must comply with building code. Subject to subsection 17.03.250(J)(2) below, all ADUs and JADUs must comply with all local building code requirements.
2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 17.03.250(J)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
17.03.260 - Standards Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under subsection
17.03.240(B) above.
A. Except as provided in subparagraph (B), accessory dwelling units must meet the following standards: Maximum Size.
1. Development on the lot. The maximum size of a detached or attached ADU subject to this subsection 17.03.260 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
3. Application of other development standards in this subsection 17.03.260, such as lot coverage, might further limit the size of the ADU, but no application of the percent- based size limit in subsection 17.03.260(A)(2) above or of a front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
a) A single family dwelling must exist on the lot or will be constructed in conjunction with the accessory dwelling unit.
b) The accessory dwelling unit must be:
i. Detached from the existing primary dwelling, but located on the same lot as the existing dwelling;
ii. Attached to the existing dwelling; of
iii. Located within the living area of the existing dwelling. c) Only one accessory dwelling unit shall be allowed per lot. d) The accessory dwelling unit is not intended for sale separate from the primary residence.
4. Occupancy.
a) The accessory dwelling unit may be rented: The accessory dwelling unit shall be rented for terms longer than thirty days.
5. Building and Construction.
An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.
b) An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers or if the accessory dwelling unit is a detached unit.
c) An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers or if the accessory dwelling unit is a detached unit.
An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers or if the accessory dwelling unit is a detached unit.
e) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. "Passageway" is defined as a pathway that is unobstructed clear to the sky and extends from to street to one entrance of the accessory dwelling unit.
6. Parking.
a) Except as provided in subparagraph (b):
Accessory dwelling units must meet the following parking standards:
I. For accessory dwelling units with no separate bedrooms, one off street parking space shall be provided per unit.
II. For accessory dwelling units with at least one separate bedroom, one off street parking space shall be provided per bedroom.
ii. If parking is required:
The required parking spaces may be located on setback areas approved by the director, unless specific findings are made under subparagraph (II).
Parking arrangements in subparagraph (I) may be prohibited if the director makes specific findings that such parking arrangements are not feasible based upon specific site of regional topographical or fire or life safety conditions, or that such arrangements are not permitted anywhere in the
jurisdiction.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit, the replacement spaces may be
tocated in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces.
7. Height. The accessory dwelling unit must meet the height standards of the applicable zoning district.
8. Setbacks.
a) Except as provided in subparagraphs (b) and (c), an accessory dwelling unit must meet the setback standards of the applicable zoning district.
9. Unit Size.
a) The increased floor area of an attached accessory dwelling unit shall not exceed fifly percent of the existing living area, with a maximum increase in floor area of one thousand two hundred square feet.
b) The total area of floor space for a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.
c) The accessory dwelling unit shall contain no less than the one hundred fifty square feet area minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health & Safety Code,
10. Lot Coverage. The accessory dwelling unit must meet the lot coverage standards of the applicable zoning district.
11. Landscape. The accessory dwelling unit must meet the landscaping standards of the applicable zoning district.
12. Architecture Review. The design of the accessory dwelling unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
13. Impacts to Historic Places. To prevent adverse impacts to any real property that is listed in the California Register of Historic Places, accessory dwelling units must meet the following standards:
a) Standard.
B. An accessory dwelling unit is exempt from the requirements of subparagraph (A) if the unit meets all the requirements of subparagraph (B)(1): Setbacks.
1. An accessory dwelling unit is exempt from the requirements of subparagraph (A) if the unit meets all the requirements of subparagraph (B)(1): ADUs that are subject to this subsection 17.03.260 must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection 17.03.260 must conform to a 25-foot front setback. subject to subsection 17.03.260(A)(3) above.
a) Is one accessory dwelling unit per single family lot located within a single family residential zone;
b) Is one accessory dwelling unit per single family lot located within a single family residential zone;
c) Has independent exterior access from the existing residence; and d) The side and rear setbacks meet the Municipal Code requirements.
2. If subparagraphs requirements of subparagraph (B)(1) are met, then the applicant:
No setback is required for an ADU that is subject to this subsection 17.03.260 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
a) Is required to install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers; b) Is required to install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers; c) Shall record a deed restriction as provided in Section 17.03.270 and obtain a building permit as required by the building code as adopted and amended by Title 15 of the Municipal Code.
C. Lot Coverage. No ADU subject to this subsection 17.03.260 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 17.03.260 (A)(3) above.
D. Minimum Open Space. No ADU subject to this subsection 17.03.260 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection
17.03.260(A)(3) above.
E. Passageway. No passageway, as defined by subsection 17.03.220(I) above, is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection
17.03.220(K) above.
2. Exceptions. No parking under subsection 17.03.260(F)(1) is required in the following situations:
a) The ADU is located within one-half mile walking distance of public transit. as defined in subsection 17.03.220(J) above.
b) The ADU is located within an architecturally and historically significant historic district.
c) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 17.03.230(A)(1) above. d) When on-street parking permits are required but not offered to the occupant of the ADU.
e) When there is an established car share vehicle stop located within one block of the ADU.
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 17.03.260(F)(2)(a) through (e) above.
3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off- street parking spaces are not required to be replaced.
G. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance 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.
5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
6. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
7. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
H. Historical Protections. An ADU that is on or within 600 feet of 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.
I. Allowed Stories. No ADU subject to this subsection 17.03.260 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 17.03.250(B)(4) of this section.
17.03.270 - Deed restrietion. Fees.
The following requirements apply to all ADUs that are approved under subsections 17.03.240(A) or 17.03.240(B) above.
A. Prior to issuance of a building permit for an accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county recorder's office and a copy filed with the city department of development services. Said deed restriction shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the city and shall provide that: Impact Fees.
1. The accessory dwelling unit shall not be sold separately from the primary residence.
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 17.03.270(A), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.
Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
2. The unit is restricted to the approved size and attributes of this article. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling. times the typical fee amount charged for a new dwelling.)
3. The deed restrictions run with the land and may be enforced against future purchasers,
4. The deed restrictions may be removed if the owner eliminates the accessory dwelling unit as evidenced by removal of the kitchen facilities.
5. The deed restrictions shall be enforced by the director of development services or his or her designee for the benefit of the city of Calexico. Failure of the property owner to comply with the deed restrictions may result in legal action against the property owner and the city shall be authorized to obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
2. Except as described in subsection 17.03.270(B)(I), converted ADUs on a single- family lot that are created under subsection 17.03.240(A)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility.
Nor is a connection fee or capacity charge required.
3. Except as described in subsection 17.03.270(B)(1), all ADUs that are not covered by subsection 17.03.270(B)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
17.03.280 - Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a) The ADU violates applicable building standards, or
b) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (Article Il of Chapter 17.03).
2. Exceptions:
a) Notwithstanding subsection 17.03.280(B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
b) Subsection 17.03.280(B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
17.03.290 - Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections 17.03.210 through 17.03.290 of this section may be allowed by the city with a conditional use permit, in accordance with the provisions of Article V under Chapter 17.01 of the City of Calexico Code of Ordinances.
2. ARTICLE HI. JUNIOR ACCESSORY DWELLING UNITS
17.03.310 Purpose
The purpose of this article is to provide reasonable regulations for the development of junior accessory dwelling units in certain areas and on lots developed or proposed to be developed with single family residential dwellings. Such junior accessory dwelling units are allowed because they contribute needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the city of Calexico. In addition, the regulations in this ordinance are intended to promote the goals and policies of the city's general plan and comply with requirements codified in the state planning and zoning law related to accessory and second dwelling units in single family residential areas including California Government Code, Section 65852.22.
17.03.320 - Definitions.
A. "Junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained entirely within an existing single family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
17.03.330 - Effeet of conforming junior accessory dwelling unit.
In addition to the effects stated in Section 17.03.230, a junior accessory dwelling unit:
A. Shall not be considered a separate or new dwelling unit for the purposes of any fire or life protection ordinance or regulation. This section shall not be construed to prohibit fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single family residences within the zone regardless of whether the single family residence includes a junior accessory dwelling unit or not.
B. Shall not be considered a separate or new dwelling unit for the purposes of providing service for water, sewer, or power, including a connection fee.
17.03.340 - Locations permitted.
Junior accessory dwelling units shall be permitted in any single family residential zone.
17.03.350 - Permit procedures.
A. Permit. An approved application for junior accessory dwelling unit results in a junior accessory dwelling unit permit.
B. Application Processing.
1. Applications for a junior accessory dwelling unit permit must be submitted to the director of development services on a form and with information and materials, as adopted by the director of development services.
2. The director may collect a fee for processing the application, provided such fee is approved by resolution or ordinance of the city council.
C. Review.
1. The director will review and approve complete applications for a junior accessory dwelling unit permit that comply with sections 17.03.360 (Standards) and 17.03.370 (Deed Restrictions). The junior accessory dwelling unit permit application shall be considered ministerially without any discretionary review or a hearing.
2. The director will approve or disapprove of an application for a junior accessory dwelling unit permit within one hundred twenty days after receiving the complete application.
17.03.360 - Standards.
A. Development on Lot. Only one junior accessory dwelling unit per single family residential tot shall be allowed and the unit must be:
7. Constructed within the existing walls of the single family residence structure; and
2. Constructed within the existing walls of the single family residence structure; and B. Occupancy. The property owner must occupy either the primary or junior accessory dwelling unit. Owner occupancy shall not be required if the owner is a governmental agency, land trust or housing organization.
C. Occupancy. The property owner must occupy either the primary or junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust or housing organization.
1. A junior accessory dwelling unit must include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A junior accessory dwelling unit may include a second interior doorway for sound attenuation.
2. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
3. A junior accessory dwelling unit must include an efficiency kitchen, which includes all of the following:
a) A sink with a maximum waste line diameter of one and one half inches; b) A cooking facility with appliances that do not require electrical services greater than one hundred twenty volts, or natural or propane gas; c) A food preparation counter of reasonable size in relation to the size of the junior accessory dwelling unit;
d) Storage cabinets that of reasonable size in relation to the size of the junior accessory dwelling unit;
4. The junior accessory unit shall meet the requirements of the building code, as adopted and amended by Title 15 of the Municipal Code, provided the unit shall not be considered a separate or new dwelling unit for the purposes of any fire or life protection regulation.
Đ. Parking. Additional parking is required for a junior accessory dwelling unit.
E. Unit Size. A junior accessory dwelling unit may be no more than five hundred square feet in size.
17.03.370 - Deed restrictions.
A. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county recorder's office and a copy filed with the city department of development services. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, successors of assigns. The form of the deed restriction shall be provided by the city and shall provide
1. The junior accessory dwelling unit shall not be sold separately from the primary residence.
2. The unit is restricted to the approved size and attributes of this chapter.
3. The deed restrictions run with the land and may be enforced against future purchasers.
4. The deed restrictions may be removed if the owner eliminates the junior accessory dwelling unit as evidenced by removal of the kitchen facilities and provide excess to the main structure.
his or her designee for the benefit of the city of Calexico. Failure of the property owner to comply with the deed restrictions may result in legal action against the property owner and the city shall be authorized obtain any remedy available to it at taw or equity, including but not limited to obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
Attachment B - Public Hearing Notice
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF CALEXICO
NOTICE IS HEREBY GIVEN that the City Council of the City of Calexico will hold a Public Hearing on Wednesday, December 6, 2023, at 6:30 PM (or as soon thereafter as the agenda permits), in the Fernando "Nene" Torres Council Chambers, 608 Heber Avenue, Calexico, CA 92231, to consider approval of the following project (s):
PROJECT TITLE: CITY OF CALEXICO ORDINANCE AMENDING SECTIONS 17.01.900 AND 17.11.200 AND ADDING CHAPTER 17.21 TO TITLE 17 OF THE
CALEXICO CODE OF ORDINANCES RELATED TO COTTAGE
FOOD OPERATIONS
complance with AB 1616, the City of Calexico wishes to reasonably regulate cottage food operations as home occupations, subject to the requirements of AB 1616.
PROJECT TITLE: CITY OF CALEXICO ORDINANCE AMENDING ARTICLE II AND REMOVING ARTICLE II UNDER CHAPTER 17.03 OF THE
CALEXICO CODE OF ORDINANCES RELATED TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
JADU developments, subject to the requirements of SB 897.
CITY COUNCILACTION: The City Council will conduct a first reading, by title only, where they will open the floor for public comments for and against the proposed amendment.
ALL INTERESTED PERSONS are invited to attend this hearing. Members of the public can make com- ments in the following ways:
a) In person
b) Via email by 5:00 p.m. on Wednesday, December 6, 2023, to [email protected].
URTHER INFORMATION on this item may be obtained by contacting the City of Calexic evelopment Services Department, 608 Fleber Avenue, Calexico, California 92231 (760) 768-2105 or b sending an email request to planning@calexico,ca.gov.
Legal Publish: Nov. 23, 2023
Attachment C- DRAFT City Council Ordinance
DRAFT - ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CALEXICO, CALIFORNIA, AMENDING ARTICLE I
AND REMOVING ARTICLE III UNDER CHAPTER 17.03
OF THE CALEXICO CODE OF ORDINANCES RELATED
TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
WHEREAS, the City of Calexico, California ("City") is a general law city organized and existing under the Constitution and laws of the State of California; and WHEREAS, the Legislature adopted Senate Bill ("SB") 1616, which prohibits a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit; and
WHEREAS, the Planning Commission of the City of Calexico conducted a duly noticed public hearing on November 13, 2023, and adopted Resolution No. 23-17, a resolution recommending that the City Council adopt Ordinance No. as modified by the Planning Commission; and
WHEREAS, the City Council of the City of Calexico conducted a duly noticed public hearing on December 6, 2023; and
WHEREAS, the City wishes to reasonably regulate Accessory Dwelling Units ("ADU") and Junior Accessory Dwelling Units ("JADU"), subject to the requirements of SB 897 and Sections 65852.2 and 65852.22 of the California Code; and WHEREAS, the City Council has determined that, pursuant to the California Environmental Quality Act, ("CEQA") Guideline 15061(b)(3), it can be seen with certainty that there is no possibility that these amendments to Title 17 of the Calexico Municipal Code may have a significant effect on the environment, and therefore, is not subject to CEQA; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, the City Council of the City of Calexico, California, does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and incorporated herein by this reference.
SECTION 2. Amendment to Municipal Code. Article II, Regulations for Accessory Dwelling Units, Chapter 17.03 of Title 17 (Zoning) of the Calexico Code of Ordinances is hereby amended as follows:
"ARTICLE II. - REGULATIONS FOR ACCESSORY DWELLING UNITS
17.03.210 - Purpose.
The purpose of this article is to provide reasonable regulations for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in certain areas and on lots developed or proposed to be developed with single-family or multi-family residential dwellings.
Such accessory dwelling units ADUs and JADUs contribute needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the city of Calexico. In addition, the regulations in this article are intended to promote the goals and policies of the city's general plan and comply with requirements codified in the state planning and zoning law related to accessory dwelling units ADUs and JADUs in residential areas, including California Government Code section sections 65852.2 and 65852.22.
17.03.220 - Definitions
As used in this section, terms are defined as follows:
A. "Accessory dwelling unit" means a residential dwelling unit that is detached from, attached to, or located within the living area of an existing primary dwelling unit, and that provides independent living facilities for one or more persons. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in section 18007. or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code: and
2. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
C. "Complete independent living facilities" means permanent provisions for living, sleeping. eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable Size in relation to the size of the JADU.
E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined in subsection 17.03.220(D) above.
F. "Living area" is defined as the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure.
G. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
H. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
I. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
J. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
K. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.03.230 - Effect of Conforming aAccessory &Dwelling Unit.
An accessory dwelling unit ADU or JADU that conforms to the standards in this chapter section shall: not be:
A. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located; B. Be deemed a residential use that is consistent with the general plan and the zoning designations for the lot Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Not be Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service Required to correct a nonconforming zoning condition, as defined in subsection 17.03.220(G) above. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
17.03.240 - Locations permitted Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Except as provided in subparagraph (B), accessory dwelling units may be permitted in the following zones Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 17.03.250 below, it is allowed with only a building permit in the following scenarios:
1. The zones must be single-family residential Converted on Single-family Lot: One ADU as described in this subsection 17.03.240(A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a) 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; and b) Has exterior access that is independent of that for the single-family dwelling; and c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code Section 65852.22.
2. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 17.03.240(A)(1) above, if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four feet. b) The total floor area is 800 square feet or smaller.
c) The peak height above grade does not exceed the applicable height limit in subsection 17.03.250(B) below.
3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 17.03.240(A)(3), 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.
4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b) The peak height above grade does not exceed the applicable height limit provided in subsection 17.03.250(B) below.
B. Accessory dwelling units that meet the requirements of Section 17.03.260(B) may be tocated in any single family residential zone. ADU Permit.
1. Except as allowed under subsection 17.03.240(A)A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 17.03.250 and 17.03.260 below.
2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits. including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or JADU within 60 days trom the date that the city receives a completed application. It the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling. but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 17.03.240(C)(2) above.
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
17.03.250 - Permit procedures General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under subsections
17.03.240(A) or 17.03.240(B) above:
A. Permits Zoning.
1. Except as provided in subparagraph (2), approved applications for an accessory dwelling unit will result in an accessory dwelling unit permit. The applicant shall alse obtain a building permit as required by the building code and record a deed restriction as provided in Section 17.03.270. An ADU or JADU subject only to a building permit under subsection 17.03.240(A) above may be created on a lot in a residential or mixed- use zone.
2. Exception. Accessory • dwelling units that meet the requirements of Section
17.03.260(B) shall obtain a building permit as required by the building code and record a deed restriction as provided in Section 17.03.270. An ADU or JADU subject to an ADU permit under subsection 17.03.240(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
B. Application Processing Height.
1. Applications for an accessory dwelling unit permit must be submitted to the director of development services on a form and with information and materials, as adopted by the director Except as otherwise provided by subsections 17.03.250(B)(2) and
17.03.250(B)(3) 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.
2. The director may collect a fee for processing the application, provided such fee is approved by resolution or ordinance of the city council 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 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.
3. 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.
4. 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 17.03.250(B)(4) may not exceed two stories.
5. For purposes of this subsection 17.03.250(B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
C. Review Fire Sprinklers.
1. The director will review and approve complete applications for an accessory dwelling unit permit that comply with the requirements of Sections 17.03.260 (Standards) and 17.03.270 (Deed Restrictions). The accessory dwelling unit permit application shall be considered magisterially without any discretionary review or a hearing. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
2. The director will approve or disapprove of an application for an accessory dwelling unit permit within one hundred twenty days after receiving the complete application The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
3. Except as otherwise provided in this article, the construction of an accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single- family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
2. Unless applicable law requires otherwise, all ADUs that are permitted on or after January i, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
3. As required by state law, all JADUs 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 JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection
17.03.240(G)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.
Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed. the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
Building & Safety.
1. Must comply with building code. Subject to subsection 17.03.250(J)(2) below, all ADUs and JADUs must comply with all local building code requirements.
2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 17.03.250(J)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
17.03.260 - Standards Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under subsection
17.03.240(B) above.
A. Except as provided in subparagraph (B), accessory dwelling units must meet the following standards: Maximum Size.
1. Development on the lot. The maximum size of a detached or attached ADU subject to this subsection 17.03.260 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
3. Application of other development standards in this subsection 17.03.260, such as lot coverage, might further limit the size of the ADU, but no application of the percent- based size limit in subsection 17.03.260(A)(2) above or of a front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
a) A single-family dwelling must exist on the lot or will be constructed in conjunction with the accessory dwelling unit.
b) The accessory dwelling unit must be:
i. Detached from the existing primary dwelling, but located on the same lot as the existing dwelling;
ii. Attached to the existing dwelling; or
iii. Located within the living area of the existing dwelling. c) Only one accessory dwelling unit shall be allowed per lot. d) The accessory dwelling unit is not intended for sale separate from the primary residence.
4. Occupancy.
a) The accessory dwelling unit may be rented: The accessory dwelling unit shall be rented for terms longer than thirty days.
5. Building and Construction.
a) An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.
b) An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers or if the accessory dwelling unit is a detached unit.
c) An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers or if the accessory dwelling unit is a detached unit.
d) An accessory dwelling unit is required to have fire sprinklers, only if the primary residence is also required to have fire sprinklers or if the accessory dwelling unit is a detached unit.
e) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. "Passageway" is defined as a pathway that is unobstructed clear to the sky and extends from to street to one entrance of the accessory dwelling unit.
6. Parking.
a) Except as provided in subparagraph (b):
i. Accessory dwelling units must meet the following parking standards:
I. For accessory dwelling units with no separate bedrooms, one off street parking space shall be provided per unit.
II. For accessory dwelling units with at least one separate bedroom, one off- street parking space shall be provided per bedroom.
ii. If parking is required:
I. The required parking spaces may be located on setback areas approved by the director, unless specific findings are made under subparagraph (HI).
Il. Parking arrangements in subparagraph (I) may be prohibited if the director makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions, or that such arrangements are not permitted anywhere in the jurisdiction.
Ill. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces.
7. Height. The accessory dwelling unit must meet the height standards of the applicable zoning district.
8. Setbacks.
a) Except as provided in subparagraphs (b) and (c), an accessory dwelling unit must meet the setback standards of the applicable zoning district.
9. Unit Size.
a) The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing living area, with a maximum increase in floor area of one thousand two hundred square feet.
The total area of floor space for a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.
The accessory dwelling unit shall contain no less than the one hundred fifty square feet area minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health & Safety Code,
10. Lot Coverage. The accessory dwelling unit must meet the lot coverage standards of the applicable zoning district.
11. Landscape. The accessory dwelling unit must meet the landscaping standards of the applicable zoning district.
12. Architecture Review. The design of the accessory dwelling unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
13. Impacts to Historic Places. To prevent adverse impacts to any real property that is listed in the California Register of Historic Places, accessory dwelling units must meet the following standards:
a) [Standard].
B. An accessory dwelling unit is exempt from the requirements of subparagraph (A) if the unit meets all the requirements of subparagraph (B)(1): Setbacks.
1. An accessory dwelling unit is exempt from the requirements of subparagraph (A) if the unit meets all the requirements of subparagraph (B)(1): ADUs that are subject to this subsection 17.03.260 must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection 17.03.260 must conform to a 25-foot front setback, subject to subsection 17.03.260(A)(3) above.
a) Is one accessory dwelling unit per single family lot located within a single family residential zone;
Is one accessory dwelling unit per single family lot located within a single family residential zone;
c) Has independent exterior access from the existing residence; and d) The side and rear setbacks meet the Municipal Code requirements.
2. H subparagraphs requirements of subparagraph (B)(1) are met, then the applicant: No setback is required for an ADU that is subject to this subsection 17.03.260 if the ADU is constructed in the same location and to the same dimensions as an existing structure. a) Is required to install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers;
b) Is required to install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers;
c) Shall record a deed restriction as provided in Section 17.03.270 and obtain a building permit as required by the building code as adopted and amended by Title 15 of the Municipal Code.
C. Lot Coverage. No ADU subject to this subsection 17.03.260 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 17.03.260 (A)(3) above.
D. Minimum Open Space. No ADU subject to this subsection 17.03.260 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection
17.03.260(A)(3) above.
E. Passageway. No passageway, as defined by subsection 17.03.220(I) above, is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection
17.03.220(K) above.
2. Exceptions. No parking under subsection 17.03.260(F)(1) is required in the following situations:
a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection 17.03.220(J) above.
b) The ADU is located within an architecturally and historically significant historic district.
c) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 17.03.230(A)(1) above.
d) When on-street parking permits are required but not offered to the occupant of the ADU.
e) When there is an established car share vehicle stop located within one block of the ADU.
f) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections
17.03.260(F)(2)(a) through (e) above.
3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
G. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance 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.
5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
6. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
7. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
H. Historical Protections. An ADU that is on or within 600 feet of 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.
I. Allowed Stories. No ADU subject to this subsection 17.03.260 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 17.03.250(B)(4) of this section.
17.03.270 - Deed restrietion. Fees.
The following requirements apply to all ADUs that are approved under subsections
17.03.240(A) or 17.03.240(B) above.
A. Prior to issuance of a building permit for an accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county recorder's office and a copy filed with the city department of development services. Said deed restriction shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the city and shall provide that: Impact Fees.
1. The accessory dwelling unit shall not be sold separately from the primary residence.
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 17.03.270(A), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
2. The unit is restricted to the approved size and attributes of this article. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
3. The deed restrictions run with the land and may be enforced against future purchasers.
4. The deed restrictions may be removed if the owner eliminates the accessory dwelling unit as evidenced by removal of the kitchen facilities.
5. The deed restrictions shall be enforced by the director of development services or his or her designee for the benefit of the city of Calexico. Failure of the property owner to comply with the deed restrictions may result in legal action against the property owner and the city shall be authorized to obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required
2. Except as described in subsection 17.03.270(B)(1), converted ADUs on a single-family lot that are created under subsection 17.03.240(A)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection 17.03.270(B)(1), all ADUs that are not covered by subsection 17.03.270(B)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
17.03.280 - Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a) The ADU violates applicable building standards, or
b) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (Article II of Chapter 17.03).
2. Exceptions:
a) Notwithstanding subsection 17.03.280(B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. b) Subsection 17.03.280(B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
17.03.290 - Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections 17.03.210 through 17.03.290 of this section may be allowed by the city with a conditional use permit, in accordance with the provisions of Article V under Chapter 17.01 of the City of Calexico Code of Ordinances."
SECTION 3. Amendment to Municipal Code. Article III, Junior Accessory Dwelling Units, Chapter 17.03 of Title 17 (Zoning) of the Calexico Code of Ordinances is hereby removed as follows:
"ARTICLE HI. JUNIOR ACCESSORY DWELLING UNITS
17.03.310 Purpose
The purpose of this article is to provide reasonable regulations for the development of juniot accessory dwelling units in certain areas and on lots developed or proposed to be developed with single family residential dwellings. Such junior accessory dwelling units are allowed because they contribute needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the city of Calexico. In addition, the regulations in this ordinance are intended to promote the goals and policies of the city's general plan and comply with requirements codified in the state planning and zoning law related to accessory and second dwelling units in single family residential areas including California Government Code, Section 65852.22.
17.03.320- Definitions.
A. "Junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
17.03.330 - Effect of conforming junior accessory dwelling unit.
In addition to the effects stated in Section 17.03.230, a junior accessory dwelling unit:
A. Shall not be considered a separate or new dwelling unit for the purposes of any fire of life protection ordinance or regulation. This section shall not be construed to prohibit fire and life protection requirements within a single family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single family residences within the zone regardless of whether the single family residence includes a junior accessory dwelling unit or not.
B. Shall not be considered a separate or new dwelling unit for the purposes of providing service for water, sewer, or power, including a connection fee.
17.03.340 - Locations permitted.
Junior accessory dwelling units shall be permitted in any single-family residential zone.
17.03.350 - Permit procedures.
A. Permit. An approved application for junior accessory dwelling unit results in a junior accessory dwelling unit permit.
B. Application Processing.
1. Applications for a junior accessory dwelling unit permit must be submitted to the director of development services on a form and with information and materials, as adopted by the director of development services.
2. The director may collect a fee for processing the application, provided such fee is approved by resolution or ordinance of the city council.
C. Review.
1. The director will review and approve complete applications for a junior accessory dwelling unit permit that comply with sections 17.03.360 (Standards) and 17.03.370 (Deed Restrictions). The junior accessory dwelling unit permit application shall be considered ministerially without any discretionary review or a hearing.
2. The director will approve or disapprove of an application for a junior accessory dwelling unit permit within one hundred twenty days after receiving the complete application.
17.03.360 - Standards.
A. Development on Lot. Only one junior accessory dwelling unit per single family residential lot shall be allowed and the unit must be:
1. Constructed within the existing walls of the single family residence structure; and
2. Constructed within the existing walls of the single family residence structure; and B. Occupancy. The property owner must occupy either the primary or junior accessory dwelling unit. Owner occupancy shall not be required if the owner is a governmental agency, land trust or housing organization.
C. Occupancy. The property owner must occupy either the primary or junior accessory dwelling unit. Owner occupancy shall not be required if the owner is a governmental agency, land trust or housing organization.
7. A junior accessory dwelling unit must include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A junior accessory dwelling unit may include a second interior doorway for sound attenuation.
2. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
3. A junior accessory dwelling unit must include an efficiency kitchen, which includes all of the following:
a) A sink with a maximum waste line diameter of one and one-half inches;
b) A cooking facility with appliances that do not require electrical services greater than one hundred twenty volts, or natural or propane gas,
c) A food preparation counter of reasonable size in relation to the size of the junior accessory dwelling unit;
d) Storage cabinets that of reasonable size in relation to the size of the junior accessory dwelling unit;
4. The junior accessory unit shall meet the requirements of the building code, as adopted and amended by Title 15 of the Municipal Code, provided the unit shall not be considered a separate or new dwelling unit for the purposes of any fire of life protection regulation.
Đ. Parking. Additional parking is required for a junior accessory dwelling unit.
E. Unit Size. A junior accessory dwelling unit may be no more than five hundred square feet in size.
17.03.370 - Deed restrictions.
A. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county recorder's office and a copy filed with the city department of development services. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, successors of assigns. The form of the deed restriction shall be provided by the city and shall provide that:
1. The junior accessory dwelling unit shall not be sold separately from the primary residence.
2. The unit is restricted to the approved size and attributes of this chapter.
3. The deed restrictions run with the land and may be enforced against future purchasers.
4. The deed restrictions may be removed if the owner eliminates the junior accessory dwelling unit as evidenced by removal of the kitchen facilities and provide excess to the main structure.
The deed restrictions shall be enforced by the director of development services or his of her designee for the benefit of the city of Calexico. Failure of the property owner to comply with the deed restrictions may result in legal action against the property owner and the city shall be authorized obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit."
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 7. Certification and Publication. The City Clerk of the City of Calexico shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.
SECTION 8. CEQA. The City Council finds that adoption of this Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Calexico, California on the _ day of _ 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Raul Ureña, Mayor
ATTEST:
Veronica L. Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
STATE OF CALIFORNIA
COUNTY OF IMPERIAL ) S.S.
CITY OF CALEXICO
I, Veronica L. Alvarado, City Clerk, hereby certify that the foregoing is a true copy of Ordinance _ introduced at a regular meeting held on the 6" day of December, 2023, and duly adopted by the City Council of the City of Calexico, California at a regular meeting thereof held the day of , 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica L. Alvarado, City Clerk