Summary of Proposed Text Amendments (CCMC Chapter 9.114)
Definitions (CCMC 9.114.020)
• The definition of “attached accessory dwelling unit” is revised to refer specifically to ADUs built as an attachment to an existing single-family dwelling. • The addition of a definition of “converted” or “conversion accessory dwelling unit” to mean a unit that is located within the existing or proposed dwelling or existing accessory structure.
• The addition of a definition of “livable space” to mean space in a dwelling intended for human habitation
• The addition of “multiple-family dwelling” to mean two or more dwelling units.
Administration (CCMC 9.114.030.C)
• The city shall not deny a permit for a previously unpermitted ADU or JADU that was constructed before January 1, 2020, due to nonconforming zoning conditions or a violation of building standards unless it is deemed substandard pursuant to Section 1790.3 of the Health and Safety Code.
Approval (CCMC 9.114.040.B in existing code)
• Subsection B of CCMC 9.114.040 allowed approval of an accessory dwelling unit that does not conform with the City’s development standards to be permitted through a conditional use permit. This provision was deleted to clarify that, in accordance with State law, accessory dwelling units are reviewed strictly through a ministerial process.
Development Standards (CCMC 9.114.050 in existing code) New: General Provisions (Proposed section 9.114.050)
• This section was reorganized to only include provisions that apply to all accessory dwelling units. Development standards for specific unit types were reorganized into individual sections based on the type of accessory unit (see proposed sections
9.114.060 to 9.114.110)
• Parking:
o In accordance with Senate Bill 1211, an uncovered parking space that is demolished in conjunction with the construction of an ADU does not need to be replaced.
• Number of Units:
o In accordance wi th Senate Bill 543, on a lot with an existing or proposed single-family dwelling, one JADU shall be permitted, in addition to either A) one detached ADU with no more than 800 square feet of liv able space and/or one conversion ADU; or B) one detached ADU with more than 800 square feet or one attached ADU.
o In accordance with Senate Bill 1211, on a lot with an existing multiple-family dwelling, up to eight detached ADUs, but no more than the number of existing units, are now permitted.
The following sections were created from sections 9.114.050 (Development Standards) and 9.114.060 (Junior Accessory Dwelling Units), reformatted to categorize applicable standards based on the type of accessory dwelling unit:
New: Attached accessory dwelling units on single family lots (Proposed section 9.114.060)
o These units are now distinguished from conversion accessory dwelling units as being ADUs constructed as an attachment to an existing single -family dwelling.
o No change in the applicable standards. These units continue to be subject to the full set of development standards in the City’s current ADU ordinance, including architectural review, lot coverage, front yard setbacks, locational requirements, landscape requirements, and parking requirements.
New: Conversion accessory dwelling units on single family lots (Proposed section 9.114.070)
o These units are now distinguished from attached accessory dwelling units as being ADUs constructed within the existing or proposed space of a single-family dwelling or within an existing accessory structure on a lot with a single-family dwelling.
o These units are now exempt from unit size and parking requirements. o Applicable standards include: sufficient side and rear setbacks for fire and safety; building height; independence exterior access; no expansion of the existing structure for conversion units except for ingress/egress.
New: Junior accessory dwelling units (Proposed section 9.114.080) o CCMC 9.114.060.A(6) was deleted due to redundancy. Additional off-street parking is no longer required for most accessory dwelling units, including junior accessory dwelling units.
o No change in the applicable standards.
New: Detached accessory dwelling units, no larger than 800 square feet, on single family lots (Proposed section 9.114.090)
o These units are now are exempt from architectural review, unit size, lot coverage, front yard setbacks, locational requirements, landscape requirements, and parking requirements.
o Applicable standards include: 4’ side and rear setbacks; building height.
New: Detached accessory dwelling units, larger than 800 square feet, on single family lots (Proposed section 9.114.100)
o No change in the applicable standards. These units continue to be subject to the full set of development standards in the City’s current ADU ordinance, including architectural review, lot coverage, front yard setbacks, locational requirements, landscape requirements, and parking requirements.
New: Conversion accessory dwelling units on multiple-family lots (Proposed section 9.114.110)
o These units are now exempt from unit size and parking requirements. o Applicable standards: independent exterior access; no expansion of the existing structure except for ingress/egress.
New: Detached accessory dwelling units on multiple -family lots (Proposed section 9.114.120)
o These units are now exempt from architectural review, unit size, lot coverage, front yard setbacks, locational requirements, landscape requirements, and parking requirements.
o Applicable standards include: 4’ side and rear setbacks; building height.
Junior Accessory Dwelling Units (CCMC 9.114.060 in existing code) • The provisions of this section were moved to Section 9.114.080. See notes above.