Agenda packet, study session — Coachella City Council, December 18, 2024

City Council Chamber
1515 6th Street, Coachella, California
(760) 398-3502  www.coachella.org
AGENDA

NOTICE AND CALL OF COACHELLA

PLANNING COMMISSION

CITY OF COACHELLA

PLANNING COMMISSION STUDY SESSION
December 18, 2024
5:00 PM
In-Person Meeting
Location:

City Council Chamber
1515 6th Street,
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
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NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Coachella will hold a study session on Wednesday, September 18, 2024, commencing at 5:00 PM, or as soon thereafter as is possible, in the Civic Center 53990 Enterprise Way, Coachella, California Said study session shall be for the purpose of discussing the following:

1. Zoning Ordinance Amendment No. 24-10 – Streamline Code Amendments (Phase 3) Study Session to amend Coachella Municipal Code Title 17 regarding ADU regulations. City-Initiated. [Note: Study Sessions are special meetings of the Planning Commission that are conducted informally.

No action is contemplated other than familiarization of the Planning Commission on specific topics and potential referral to a future agenda.]
Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES 1 NOTICIA PÚBLICA

AVISO Y CONVOCATORIA DE LA
COMISIÓN DE PLANIFICACIÓN

DE COACHELLA
City Council Chamber
1515 6th Street Coachella, California
(760) 398-3502
www.coachella.org
REUNIÓN ESPECIAL DE LA COMISIÓN DE
PLANIFICACIÓN SESIÓN DE ESTUDIO
18 de Deciembre, 2024
5:00 PM
In-Person Meeting
Location:

US: +1 669 900 6833
Webinar ID: 845 4425 7915
Passcode: 380084
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
POR LA PRESENTE SE NOTIFICA que la Comisión de Planificación de la Ciudad de Coachella llevará a cabo una sesión de estudio el miércoles 18 de Deciembre 2024, a partir de las 5:00 PM, o tan pronto como sea posible, en el Centro Cívico 53990 Enterprise Way, Coachella , California Dicha sesión de estudio tendrá como propósito discutir lo siguiente:

1. Enmienda a la Ordenanza de Zonificación No. 22-09 - Enmiendas a la Fase 3 del Código de Racionalización - Ordenanza ADU (Unidades Accesorias de Vivienda) para enmendar el Título 17 del Código Municipal de Coachella con respecto a las regulaciones ADU. [Nota: Las Sesiones de Estudio son reuniones especiales de la Comisión de Planificación que se llevan a cabo de manera informal. No se contempla ninguna acción más que la familiarización de la Comisión de Planificación sobre temas específicos y la posible remisión a una agenda futura.] 2 STAFF REPORT
12/18/2024
TO: Planning Commission Chair and Commissioners
FROM: Adrian Moreno, Associate Planner
SUBJECT: Zoning Ordinance Amendment No. 24-10 – Streamline Code Amendments (Phase 3) Study Session to amend Coachella Municipal Code Title 17 regarding ADU regulations. City-Initiated.

STAFF RECOMMENDATION:

Staff recommends that the Planning Commission review and discuss proposed amendments to the Coachella Municipal Code (C.M.C.) to modify chapter 17.60 to relocate and update the Accessory Dwelling Unit (ADU) regulations as its own new separate chapter, Chapter 17.21 Accessory Dwelling Units.

BACKGROUND:

On December 14, 2022 Planning Division staff identified to the Coachella City Council a work program to update the Coachella Municipal Code Title 17, Zoning, to streamline the development review process, create more flexibility in development standards, and modify Zoning Ordinance to address new changes required by State Law. The Planning Commission at the regular meeting of September 4, 2024 requested the amendments be reviewed at a study session on September 19, 2024 and October 16, 2024. On September 5, 2024, City Council approved Phase 1 code amendments. On December 11, 2024, City Council approved Phase 2 of the code amendments.

DISCUSSION/ANALYSIS:

Per the existing ADU regulations of the Coachella Municipal Code, there are two types of ADU’s, those regulated by state law and those regulated by the local city ordinance. Both types of ADU’s are permitted by the city, the regulations for both are in our city ordinance, the distinction is that locally regulated ADU’s have more flexibility for the local jurisdiction to modify requirements.

The city currently calls these ADU’s “Building Permit Only” ADU’s and “ADU Permit” ADU’s.

Staff is renaming them to make the distinction clear which ADU’s are regulated by the state, and those regulated by local city ordinance.
“Building Permit Only” ADU’s  Statutory Regulated ADU’s “ADU Permit” ADU’s  Locally Regulated ADU’s
3 Item 1.

Statutory Regulated ADU
 Statutory Regulated ADU’s are summarized below:
o Converted on Single-family Lot. Where the ADU is converted within the existing space of a proposed or existing single family dwelling.
o Limited Detached on Single-family Lot. Detached, new-construction ADU with 4 foot side and rear yard setbacks and a total floor area under 800 SF. o Converted on Multifamily Lot. Where the ADU is converted within existing multifamily dwelling units structures that are not used as livable space. o Limited Detached on Multifamily Lot. Detached ADU’s where the side and rear yard setback are at least 4 feet.

Locally Regulated ADU
 Locally Regulated ADU’s are ADU’s that don’t fit under the Statutory Regulated ADU Requirements of the ADU Ordinance, and are subject to Locally Regulated ADU Requirements of the ADU Ordinance. For example, a 1,000 SF detached ADU would be allowed the city’s Locally Regulated ADU guidelines.

AMENDMENT TO ACCESSORY DWELLING UNITS REGULATIONS (CHAPTER 17.21) Planning Staff prepared code amendments to the city’s ADU regulations and prepared a new chapter amending those regulation in Chapter 17.21 – Accessory Dwelling Units, the following is an overview of the amendments:

Amendments to Statutory Regulated ADU Requirements
 Limited Detached on Multi-Family Lot. Updates to state ADU law require that existing multifamily dwellings may construct up to eight detached ADU’s or as many detached ADU’s as the number of primary dwelling units on the lot, whichever is less. Proposed multifamily dwellings can propose up to two detached ADU’s. Current ADU requirements allow only up to two detached ADU’s for existing multifamily dwellings.

Amendments to Locally Regulated ADU Requirements
Staff amends the Locally Regulated ADU Requirements of the ordinance to require the following:
 Approvals. Staff amends the approval process for Locally Regulated ADU’s to only require a building permit. Current ADU requirements require a separate “ADU Permit” for Locally Regulated ADU’s.
 Parking Requirements. ADU parking requirements are amended to require parking 4 Item 1.
standards per Chapter 17.54 – Off-Street Parking and Loading.  Uncovered Parking Requirements. Updates to state ADU law require that any uncovered parking space demolished in conjunction with the construction of an ADU or converted to an ADU would not be required to be replaced.
 Setback. 15 front yard setback is required.
 Architectural Requirement. Remove screening requirements. Current ADU requirements require landscape, fence, or privacy glass to prevent site lines of windows to other properties.
 Landscape Requirements removed. Staff amends the ADU regulations to remove landscape requirements. Landscape plans require a separate review by the Development Services Department and Utilities Division which increases processing time. Existing landscape standards for residential are sufficient to maintain landscape standards in residential areas.

Amendments to General ADU Requirements (Statutory and Locally Regulated)  Rent Reporting. Staff amends the ADU regulations to require the applicant to provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU, with submittal of their building permit application. This will assist staff with annual reporting requirements required by HCD (California Housing and Community Development department).
 Height. Updates to state ADU law require amendments to the height requirements to allow a detached ADU may not exceed 16 feet in height, with exception to allow up to 20 feet in height. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the maximum height of the underlying zone, and may not exceed two stories.  Historical Protections. Updates to state ADU law requires prevention of adverse impacts that on any real property that is listed in the California Register of Historical Resources.

The ADU ordinance is amended to require ADU’s within 600 feet of a California Register of Historic Resources to be located so as to not be visible from any public right-of-way.  Unpermitted ADUs and JADUs constructed before 2020. Updates to state ADU law require the city to not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020 if the grounds for denial are due to violation of applicable building standards, state ADU or JADU law, or the city ADU ordinance. The City may require the unpermitted ADU or JADU correct a violation per the California Health and Safety Code, and the city may deny a building that is substandard to the California Health and Safety Code.
5 Item 1.

CONCLUSION
The proposed amendments would provide much needed updates to the ADU regulations to the city and would update to meet State ADU requirements effective January 1, 2025. Staff requests that the Planning Commission review and discuss the proposed amendments.

Attachments:

1. Chapter 17.21, clean version

2. Chapter 17.21, redline of existing ADU regulations.

3. Redlines of Code chapters 17.60
6 Item 1.

Title 17 - ZONING
Chapter 17.21 DEVELOPMENT STANDARDS
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Chapter 17.21 Accessory Dwelling Units

17.21.010 Accessory Dwelling Unit Requirements
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection Error! Reference source not found.. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. "Accessory dwelling unit" 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:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3. "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.

4. "Efficiency kitchen" means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU

5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than five hundred (500) square feet in size. 7 Item 1.

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b. 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.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. 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.
e. It includes an efficiency kitchen, as defined in subsection (C)(4) above.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. "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.

12. "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.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Statutory Regulated ADU. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios:
a) Converted on Single-family Lot: One ADU as described in this subsection (D)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) 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 one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress.
(ii) Has exterior access that is independent of that for the single-family dwelling, and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
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b) 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 (D)(1)(a) above), if the detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is eight hundred (800) square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection Error! Reference source not found. below.
c) Converted on Multifamily Lot: Multiple 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 (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five (25) percent of the existing multifamily dwelling units. d) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) 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.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection Error! Reference source not found. below. (iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. Locally Regulated ADU. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and in compliance with the standards set forth in subsections (E) and (F) below.

3. Process and Timing.
a) An ADU or JADU permit is considered and approved ministerially, without discretionary review or a hearing.
b) The city must approve or deny an application to create an ADU or JADU within sixty (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:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
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c) 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 Error! Reference source not found. above
d) 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.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:

1. Zoning.
a) An ADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
b) An ADU subject to a permit under subsection (D)(2) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. c) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.
a) Except as otherwise provided by subsections (Error! Reference source not found. and Error! Reference source not found. 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.
b) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or 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. c) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 0 may not exceed two stories.
e) For purposes of this subsection Error! Reference source not found.), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.
a) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. b) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
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4. 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.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, 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).

6. Septic System. If the ADU or JADU will connect to an onsite water-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 ten (10) years.

7. Owner Occupancy.
a) ADUs created under this section on or after January 1, 2020 are not subject to an owneroccupancy requirement . b) 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 (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to occupancy 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 Development Services Director. 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:
a) Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c) The deed restriction runs with the land and may be enforced against future property owners.
d) 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. e) 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.
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9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
a) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

10. Building & Safety.
a) Must comply with building code. Subject to subsection Error! Reference source not found. below, all ADUs and JADUs must comply with all local building code requirements. b) 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 Division 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 Error! Reference source not found. 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.

F. Locally Regulated ADU Requirements. The following requirements apply only to ADUs that require a permit under subsection (D)(2) above.

1. Maximum Size.
a) The maximum size of a detached or attached ADU subject to this subsection (F) is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a unit with two bedrooms.
b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50) percent of the floor area of the existing primary dwelling. c) Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection Error! Reference source not found. or of a FAR, lot coverage, lot coverage limit, or open-space requirements may require the ADU to be less than eight hundred (800) square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of the lot to exceed forty-five (45) percent, subject to subsection (F)(1)(c).

3. Setbacks.
a) ADUs that are subject to this subsection Error! Reference source not found. must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection Error! Reference source not found. must conform to 15-foot front setbacks, subject to subsection Error! Reference source not found..
b) No setback is required for an ADU that is subject to this subsection Error! Reference source not found. if the ADU is constructed in the same location and to the same dimensions as an existing structure.

4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed fifty (50) percent, subject to subsection (F)(1)(c).

5. Minimum Open Space. No ADU subject to this subsection (F) may cause the total percentage of open space of the lot to fall below fifty (50) percent, subject to subsection (F)(1)(c) above. 12 Item 1.

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6. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

7. Parking.
a) Generally. One off-street parking space is required for each ADU. The parking space may be provided in an approved open parking space, carport, garage, or as tandem parking, as defined by subsection Error! Reference source not found.. b) Open Parking Space Requirements for Single Family Lot. All driveways on a single-family residential site must be at least eleven (11) feet wide and lead to covered parking, or to an approved open parking space. For purposes of complying with this subsection, an "approved open parking space" is defined as an open parking space located behind the front building line of the residence and paved with nine feet in width and twenty (20) feet in depth, and screened from view to the street with solid decorative masonry walls and opaque metal gates that are six feet in height.
c) Covered Parking Space Architectural Requirements. Covered Parking shall comply with the architectural requirements of subsection (F)(8)(a) – (b). c) Size of Parking Spaces and Required Aisle Width Requirement. (i) Residential. Garage/enclosed spaces with a minimum clear dimension of ten (10) feet width by twenty (20) feet length and ninety (90) degree aisle width of twenty-eight (28) feet.
(ii) Residential. Carport/covered spaces with a minimum clear dimension of nine feet width by eighteen (18) feet length and ninety (90) degree aisle width of twenty-eight (28) feet.
(iii) Residential. Open/uncovered spaces with a minimum clear dimension of nine feet width by eighteen (20) feet length and ninety (90) degree aisle width of twenty-four (24) feet.
d) Exceptions. No parking under subsection Error! Reference source not found. is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection Error! Reference source not found.. (ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection Error! Reference source not found.. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) 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 Error! Reference source not found. through Error! Reference source not found..
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e) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space 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.

8. Architectural Requirements.
a) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
b) 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. c) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e) The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven feet.

9. 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.

10. Allowed Stories. No ADU subject to this subsection Error! Reference source not found. may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 0 of this section.

G. Fees. The following requirements apply to all ADUs that are approved under subsections Error! Reference source not found. or Error! Reference source not found.

1. Impact Fees.
a) No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection Error! Reference source not found., “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.
b) Any impact fee that is required for an ADU that is seven hundred fifty (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.)

2. Utility Fees.
a) 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.
b) Except as described in subsection 0, converted ADUs on a single-family lot, created under subsection (D)(1)(a) 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.
14 Item 1.

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c) Except as described in subsection 0, all ADUs that are not covered by subsection Error! Reference source not found. 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.
(i) 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.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. 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.

2. Unpermitted ADUs and JADUs constructed before 2020.
a) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 17.21).
b) Exceptions:
(i) Notwithstanding subsection 0 above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3
(ii) Subsection 0 above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (A) through (H) of this section may be allowed by the city with a conditional use permit, in accordance with Chapter 17.21 of this title. (Ord. 984 § 1, 2007; prior code § 070.07)
(Ord. No. 1075, §§ 10, 11, 6-10-15; Ord. No. 1150, Exh. A, 12-11-19; Ord. No. 1204, § 3(Exh. A.1), 7-26-23) 15 Item 1.

Title 17 - ZONING
Chapter 17.21 DEVELOPMENT STANDARDS
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Chapter 17.21 Accessory Dwelling Units

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Definitions. As used in this section, terms are defined as follows:

2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than five hundred (500) square feet in size. 16 Item 1.

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6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

12. "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.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

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E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:

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4. 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.

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F. Locally Regulated ADU Requirements. The following requirements apply only to ADUs that require a permit under subsection (D)(2) above.

2. Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of the lot to exceed forty-five (45) percent, subject to subsection (F)(1)(c).

4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed fifty (50) percent, subject to subsection (F)(1)(c).

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6. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

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G. Fees. The following requirements apply to all ADUs that are approved under subsections Error! Reference source not found. or Error! Reference source not found.

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H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Title 17 - ZONING
Chapter 17.60 DEVELOPMENT STANDARDS
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Chapter 17.60 DEVELOPMENT STANDARDS

17.60.010 Property development standards.

A. Intent and Purpose. The following general development standards are set forth in order to assure that property in the various zones of the city will be developed in a uniform and orderly manner which will promote the public health, safety, comfort, convenience, and general welfare. These development requirements shall be in addition to the property development standards set forth in each zone. In addition, the design standards established for single-family residential development in Chapter 17.19 (Supplemental Standards for Single-Family Residential Development shall apply.

B. Responsibility for Measurements. In measuring lot dimensions and other requirements, it shall be the responsibility of the property owner or his or her authorized agent to provide accurate dimensions and calculations. The submission of inaccurate dimensions or calculations which result in a lot or structure not complying with the requirements set forth in this chapter shall constitute a violation of this chapter, and any permits or approvals granted thereunder shall be void.

C. Lot Widths. Lot widths in residential zones shall vary according to the size of the lot, and shall be determined per the zone-specific standards in Chapters 17.10 to 17.18 and Chapters 17.22 to 17.35).

D. Yards.

1. Encroachments. Where yards are required in this chapter, they shall not be less in depth or width than the minimum dimensions specified in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as follows:
a. Outside stairways, porches, or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not to exceed three feet or into the required rear yard a distance not to exceed five feet.
b. Awnings, cornice trims, eaves, decks, railings, stoops, and landings, and similar architectural features may encroach two feet into a required front, side, or rear yard.

2. Through Lot Regulations. On through lots either separating such lot from a public thoroughfare may be designated as the front lot line. In such cases the minimum rear yard shall be the average of the yards required on lots next adjoining.

3. Fences, Walls in Yards. Fences or walls not exceeding six feet in height may occupy any portion of a side or rear yard. In a residential single-family zone, where any such fence or wall projects beyond the front yard line or setback toward the front property line it shall not be more than six feet in height if it is of wrought iron, or other such material; provided that such material does not obscure the view to the front lawn through the fence.
a. Walls and low silhouette plants such as hedges, and other flora along front yard property lines must be approved by city staff and shall not be more than thirty (30) inches in height. b. Fences and walls shall not extend beyond the property line. c. There shall be no visual obstructions which would interfere with intersection visibility from a corner setback area. In the corner property radius area any fence shall not be more than six feet in height provided it does not cause visual obstruction. In the corner property radius area, visual 25 Item 1.

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obstructions are hereby defined as any wall, obstacle mature landscaping or thing allowed, installed, set out or maintained which obscures intersection visibility. d. Notwithstanding the above provisions, existing walls and fences shall be permitted to remain unless and until the property owner applies for a building permit to reconstruct, remodel or otherwise perform any construction activity upon the property; at such time any walls or fences shall be brought into compliance with subsections (D)(3)(a) through (c) of this section, as a condition of obtaining such building permit.
e. In residential districts the use of razor, chain-link, or barbed wire is prohibited. Precision concrete block shall not be used unless exterior surfaces visible from the outside of the property are covered by stucco, paint, or texture coating as approved by the community development director.
f. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty (30) days after receiving notice from the city to repair a wall or fence. The building official may grant an extension for the repair of the wall or fence.

4. Landscaping.
a. Except where otherwise provided, required yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner as a condition to use. Decorative rock may be used for landscaping in a manner incidental and accessory to the required lawn, trees, shrubs, or other plant materials. Fountains, ponds, sculpture, planters, walkways, flagpoles for display of national, state, city or company ensigns only, light standards, and decorative screen-type walls, forty-two (42) inches or less in height, where an integral part of a landscaping scheme comprised primarily of plant materials are permitted. Entrance and exit drives and walks may be provided into parking areas. Said drives shall not exceed thirty (30) feet in width for each curb opening. b. Where walls are required between nonresidential and residential zones, no landscaping zones, no landscaping shall be required.
c. Additional standards as established in zone-specific standards (Chapters 17.10 to 17.18 and Chapters 17.22 to 17.35) and Chapter 17.19 (Supplemental Standards for Single-Family Residential) also apply.

5. Measurement. The depth of all required yards which abut a street or highway shall be measured from the street or planned highway right-of-way line, as specified in Section 17.66.010 of this title.

E. Distance Between Buildings. Encroachment into required distances between buildings are permitted as specified for encroachments into yards in subsection D of this section.

F. Accessory Structures. The following regulations shall apply to accessory structures in residential zones:

1. Accessory structures detached from the main dwelling, may not occupy a required front yard, side yard, or corner side yard, except as provided herein.

2. An accessory structure may occupy a required rear yard provided it is at least five feet from any interior property line, and a minimum of ten (10) feet from any street property line.

3. An accessory structure may be a maximum of fifteen (15) feet in height and no more than one story in height, or as provided by the specific zone standards.

4. An accessory structure in the rear yard is limited to a maximum size of four hundred (400) square feet or thirty (30) percent of the size of the main dwelling, whichever is greater. Interior partitions are not allowed within accessory structures. Kitchens and full bathrooms are not allowed inside of any accessory structure.
26 Item 1.

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5. Except for side loaded garages, the wall planes or sides of an accessory structure must be a minimum of ten (10) feet from the sides or wall planes of any other structure, measured at right angles from the wall plane or sides of the accessory structure. The corner of an accessory structure may be no closer than five feet from the corner of any other structure, provided the wall planes or sides of both structures comply with the distance requirements specified in this subsection.

6. Accessory structures on a site may not cover more than fifty (50) percent of the required rear yard setback area.

7. Pools and spas may encroach into any required side or rear yard provided they are at least five feet from any property line. Pools and spas may not occupy a required front yard.

8. Mechanical and pool equipment may not occupy a required front yard.

9. Mechanical and pool equipment may occupy a required side yard or corner side yard provided a minimum setback of three feet is provided from any property line.

10. Mechanical and pool equipment may occupy a required rear yard provided a minimum setback of twelve (12) inches is provided from any property line and provided a minimum distance of three feet is provided from any other structure.

11. On lots under seven thousand two hundred (7,200) square feet, an attached patio cover may encroach into a required rear yard provided a minimum setback of ten (10) feet is provided. On lots under six thousand five hundred (6,500) square feet, an attached patio cover may encroach into a required side yard or corner side yard provided a minimum setback of five feet is provided.

12. One freestanding arbor or trellis, up to twelve (12) feet in height and open on all sides, may encroach into a required front yard, provided no more than five percent of the required yard area is covered with the arbor or trellis.

13. Carports may be allowed in a required rear yard of any single-family residential site provided they are accessible through an approved driveway that is at least eleven (11) feet clear in width. All vehicles parked in a carport must be architecturally screened from view to the street, and located behind an opaque metal gate at least six feet in height.

14. A detached garage or carport must be a minimum of twenty (20) feet from any street property line if front loading. Side-loaded garages may be twelve (12) feet from the street line. Carports must provide a minimum of ten (10) feet from any corner street line.

15. An attached carport accessed from the corner street must be at least fifteen (15) feet from the rear property line.

G. Trailers Outside Camps. It shall be unlawful for any person to keep or maintain, or to permit to be placed, kept or maintained, any trailer coach being presently used or being intended for present use for human habitation upon any lot, piece or parcel of land within the city, except in a trailer camp or when all of the following regulations and conditions have been complied with:

1. Such trailer coach shall be kept or maintained at the rear of a private residential building, other than an apartment house or hotel.

2. Such trailer coach shall not be placed closer than ten (10) feet to any building or closer than five feet to any property line other than a public street or alley line.

3. Such trailer coach shall be used only for sleeping quarters, and none of the sanitary and cooking facilities in such trailer coach shall be used.

4. Such trailer coach shall not be kept or maintained for sleeping purposes as permitted herein for more than three successive nights in any successive ninety (90) days. 27 Item 1.

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H. Accessory Dwelling Units.

1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. Notwithstanding any conflicting regulations in this title, the regulations in this subsection shall supersede and be applicable to the new construction of ADUs and JADUs, and the conversion of existing structures for said purpose, in the city's residential and agricultural zones.

2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. 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. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection (3)(g) below.

3. Definitions. As used in this section, terms are defined as follows:
a. "Accessory dwelling unit" 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 each of the following:
1) A cooking facility with appliances.
2) A food preparation counter or counters that total a minimum of fifteen (15) square feet in area.
3) Food storage cabinets that total a minimum of thirty (30) square feet of shelf space. e. "Junior accessory dwelling unit" or "JADU" means a residential unit that 1) is no more than five hundred (500) square feet in size, 2) is contained entirely within an existing or proposed single-family structure, 3) includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and
4) includes an efficiency kitchen, as defined in subsection (3)(d) above. f. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 28 Item 1.

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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.

4. Approvals. The following approvals apply to ADUs and JADUs under this section:
a. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
1) Converted on Single-family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress. (ii) Has exterior access that is independent of that for the single-family dwelling. (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
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 (4)(a)(1) above, if the detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is eight hundred (800) square feet or smaller. (iii) The peak height above grade is sixteen (16) feet or less. 3) Converted on Multifamily Lot: Multiple 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. At least one converted ADU is allowed within an existing multifamily dwelling, and up to twenty-five (25) percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph. 4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
(i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is eight hundred (800) square feet or smaller. b. ADU Permit.
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1) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) 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 planning director 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 act on an application to create an ADU or JADU within sixty (60) days from the date that the city receives a completed application, unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new singlefamily dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above:
a. Zoning.
1) An ADU or JADU subject only to a building permit under subsection (4)(a) above may be created on a lot in a residential or mixed-use zone.
2) An ADU or JADU subject to an ADU permit under subsection (4)(b) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
b. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
c. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. d. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a singlefamily lot) or from the lot and all of the dwellings (in the case of a multifamily lot). e. Septic System. If the ADU or JADU will connect to an onsite water-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 ten (10) years. f. Owner Occupancy.
1) All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created.
2) An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.
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3) All ADUs that are created on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. 4) 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 owneroccupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. g. 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 planning director. 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) 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.

6. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (4)(b) above.
a. Maximum Size.
1) The maximum size of a detached or attached ADU subject to this subsection (6) is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a unit with two bedrooms. No more than two bedrooms are allowed. 2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50) percent of the floor area of the existing primary dwelling. 3) Application of other development standards in this subsection (6), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than eight hundred (800) square feet.
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b. Floor Area Ratio (FAR). No ADU subject to this subsection (6) may cause the total FAR of the lot to exceed forty-five (45) percent, subject to subsection (6)(a)(3). c. Lot Coverage. No ADU subject to this subsection (6) may cause the total lot coverage of the lot to exceed fifty (50) percent, subject to subsection (6)(a)(3). d. Minimum Open Space. No ADU subject to this subsection (6) may cause the total percentage of open space of the lot to fall below fifty (50) percent, subject to subsection (6)(a)(3) above. e. Height.
1) A single-story attached or detached ADU may not exceed sixteen (16) feet in height above grade, measured to the peak of the structure.
2) A second story or two-story attached ADU may not exceed the height of the primary dwelling.
3) A detached ADU may not exceed one story.
f. Passageway. No passageway, as defined by subsection (c)(8) above, is required for an ADU. g. 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 in subsection (3)(k) above. The parking space may be provided in setback areas or as tandem parking, as defined in subsection (3)(k) above.
2) Exceptions. No parking under subsection (6)(g)(1) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (3)(j) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (4)(a)(1) above.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
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.
h. Architectural Requirements.
1) Exterior building materials and colors of the exterior walls, roof, and windows and doors shall match the appearance and architectural design of those of the primary dwelling. 2) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. 3) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
32 Item 1.

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4) The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way.
5) The interior horizontal dimensions of an ADU must be at least ten (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.
i. Landscape Requirements.
1) Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.
b) For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground level ADU, a solid fence of at least six feet in height may be installed.
c) For a second-story ADU, plant specimens must be at least twelve (12) feet tall when installed.
2) All landscaping must be desert-friendly and water-efficient plantings and irrigation systems.

7. Fees.
a. Impact Fees.
1) No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size.
2) Any impact fee that is required for an ADU that is seven hundred fifty (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 primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Utility Fees.
1) Converted ADUs and JADUs on a single-family lot, created under subsection (4)(a)(1) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADO or JADU is constructed with a new single-family home.

8. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (1) through (7)(b) of this section may be allowed by the city with a conditional use permit, in accordance with Chapter 17.74 of this title. (Ord. 984 § 1, 2007; prior code § 070.07)
(Ord. No. 1075, §§ 10, 11, 6-10-15; Ord. No. 1150, Exh. A, 12-11-19; Ord. No. 1204, § 3(Exh. A.1), 7-26-23) 33 Item 1.

Coachella City CouncilDecember 18, 2024

Coachella City Council
December 18, 2024