Agenda — Hidden Hills City Council, February 10, 2025 (part 2 of 3)

RECOMMENDATION
Staff recommends that the City Council approve the agreement with KJ Consultants for Project 1 (EOP Crosswalk/Gap Analysis) and Project 2 (EOP Update) for a total cost of $16.700. If the Council concurs, an appropriate motion would be:
“I move to approve an agreement with KJ Consultant to conduct the EOP Crosswalk/Gap analysis and EOP Update.”

ATTACHMENTS

1. Professional Services Agreement with KJ Consultants
1 AGREEMENT BETWEEN THE CITY OF HIDDEN HILLS AND KJ
CONSULTANTS to Provide EOC Updates
NAME OF CONTRACTOR: KJ Consultants
RESPONSIBLE PRINCIPAL: Kurt Johnson
ADDRESS, PHONE AND FAX:

Phone: 562.900.3430
Email: [email protected]

CITY'S ADDRESS: City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
(818) 888-9281
(818) 719-0083 (fax)
[email protected]
CONSIDERATION: Not to Exceed $16,700
2 AGREEMENT BETWEEN THE CITY OF HIDDEN HILLS AND

INTEGRITY VOTING SYSTEMS FOR SERVICES
THIS AGREEMENT is made and entered into this 10th day of February, 2025, by and between the City of Hidden Hills (hereinafter called "CITY"), and Dr. Jonathan Reichntal (hereinafter called "CONTRACTOR").

RECITALS
A. CITY has determined that it requires certain services as set forth in CONTRACTOR’S proposal attached hereto and incorporated herein as Exhibit A (“services”).

B. CONTRACTOR represents that it is qualified and able to perform the services.

NOW, THEREFORE, the parties agrees as follows:

Section 1. CONTRACTOR'S Services. CONTRACTOR shall perform the services as described in Exhibit A to the full satisfaction of CITY.

Section 2. Time of Performance. CONTRACTOR shall perform the services on or by the Termination Date set forth above, unless a later date is agreed to in writing by the City Manager.

Section 3. Compensation. CITY agrees to compensate CONTRACTOR, and CONTRACTOR agrees to accept in full satisfaction for the services required by this Agreement the Consideration set forth above and more particularly described in Exhibit A attached hereto and incorporated herein. Said Consideration shall constitute reimbursement of CONTRACTOR'S fee for the services as well as the actual cost of any equipment, materials, and supplies necessary to provide the services (including all labor, materials, delivery, tax, assembly, and installation, as applicable).

CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in Exhibit B.

Section 4. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth.

CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 5. Assignment. This Agreement may not be assigned in whole or in part by either party, without the prior written consent of CITY.

Section 6. CONTRACTOR: Responsible Principal. The Responsible Principal set forth above shall be principally responsible for CONTRACTOR'S obligations under this Agreement and shall 3 serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without the prior written consent of CITY.

Section 7. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR'S services under this Agreement.

CONTRACTOR may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall be responsible for their services.

Section 8. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 9. Insurance.
(a) CONTRACTOR shall submit to CITY certificates indicating compliance with the following minimum insurance requirements not less than five working days prior to the beginning of performance under this Agreement.
(i) Worker's Compensation Insurance to cover its employees, if any, as required by the California Labor Code. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(ii) Comprehensive General Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR. Excess of Umbrella Liability Insurance if used to meet the limit requirements set forth herein, shall provide coverage at least as broad as specified for the underlying coverage. (iii) Automobile insurance in at least the minimum amounts required by state law for any automobile used for business purposes with the City.
(iv) If required by the City Manager, Professional liability or errors and omissions insurance in an amount not less than $1,000,000.00 per claim and in the aggregate or such other limits as are agreed to in writing by CITY.

Such policies of insurance shall cover the operations of CONTRACTOR pursuant to the terms of this Agreement; shall name and list CITY, its officers, agents, volunteers, employees, and attorneys as additional insureds; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; shall be placed with a current A. M.

Best's rating of no less than A VII; shall be primary as respects CITY's officers, agents, volunteers, employees and attorneys and shall include provisions for waiver of subrogation; shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or limits except after thirty (30) days notice by certified mail has been given to CITY; and shall include a severability clause. 4 Any insurance or self-insurance maintained by CITY shall be excess of CONTRACTOR’S insurance and shall not contribute with it. CONTRACTOR hereby waives all rights of subrogation against CITY.
(b) CONTRACTOR shall not commence the performance of the services until the above insurance has been obtained and certificates of insurance have been filed with and approved by CITY.

Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR'S liability or as full performance of CONTRACTOR’S duties to indemnify, hold harmless, and defend under this Agreement.
(c) CONTRACTOR shall require all its subcontractors, including each person or entity responsible for the provision of services hereunder, to be covered by similar insurance. (d) Any self insured retainers or deductibles shall be subject to CITY approval.

Section 10. Indemnification. CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR, its agents, employees, subcontractors or invitees including any person or entity responsible for the provision of services hereunder in the performance of this Agreement.

Section 11. Termination. CITY may cancel this Agreement at any time with or without cause upon five (5) days prior written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of termination or cancellation of this Agreement by CITY, CITY shall pay for services satisfactorily completed before the termination.

Section 12. Notice. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 13. Attorney’s Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 14. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.
5 Section 15. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 16. Precedence. In case of conflict between CONTRACTOR’S Proposal attached as Exhibit A and this Agreement, this Agreement shall take precedence over CONTRACTOR’S Proposal.

Section 17. City Not Obligated to Third Parties. The CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 18. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

Section 19. Ownership of Work Product. If applicable, all reports, documents or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY.

Section 20. Confidentiality. If applicable, all reports, information, data and exhibits prepared or assembled by CONTRACTOR in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public and CONTRACTOR agrees that they shall not be made available to any individual or organization without prior written consent of CITY.

All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY.

CITY OF HIDDEN HILLS
___________________________________
Larry Weber, Mayor
ATTEST:
________________________________
Deana L. Gonzalez, CMC, City Clerk

CONTRACTOR

Name

Title

EXHIBIT A
Scope of Services/Rates
See attached.
6 EXHIBIT B
Payment Schedule
Upon completion of the services required by this Agreement, CONTRACTOR shall submit an itemized statement to City for its services performed, which shall include documentation setting forth in detail a description of the services rendered based on the rates herein. CITY shall pay CONTRACTOR the amount of such billing within thirty (30) days of receipt of same.
7 Larry G. Weber, Mayor
Joe Loggia, Mayor Pro Tem
Eniko Gold, Council Member
Laura McCorkindale, Council Member
Adam Wasserman, Council Member

TO: Honorable Mayor and City Council
FROM: Gloria Molleda, Interim City Manager
DATE: February 10, 2024
BY: Dirk Lovett, City Engineer
SUBJECT: AN ORDINANCE OF THE CITY OF HIDDEN HILLS, CALIFORNIA, ADDING A NEW SECTION 4-3-6 TO TITLE 4, CHAPTER 3 OF THE HIDDEN HILLS MUNICIPAL

CODE RESTRICTING ENUMERATED ACTIVITIES WHEN RED FLAG WARNINGS

ARE ISSUED AND FINDING THE ACTION EXEMPT FROM CEQA

BACKGROUND
Following the recent fires in Los Angeles and Ventura Counties, the Hidden Hills City Council at its November 12, 2024 meeting, directed staff to prepare an ordinance that would prohibit activities that could be conducive to igniting fires during red flag warnings.

The National Weather Service monitors wind and humidity conditions and issues red flag warnings on days when there is a high risk of brush fires due to: 1) low relative humidity (15% or less), and either high wind velocity (25 MPH or more) or frequent gusts of 35 MPH or greater; 2) low relative humidity (10% or less), and either high wind velocity (15 MPH or more) or frequent gusts of 25 MPH or greater; 3) widespread and/or significant dry lightning; or 4) other forecaster discretion in coordination with the Southern California Geographic Area Coordination Center or other local agency in light of unusual but significant meteorological and/or fuel conditions.

At the City Council meeting of December 9, 2024, the City Council held a public hearing to consider an ordinance restricting certain activities on red flag warning days. At that meeting, the City Council continued the public hearing and directed staff to better address the use of generators for emergency home and medical use.

Ordinance Restricting Enumerated Activities When Red Flag Warnings are Issued

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DISCUSSION

In coordination with the Los Angeles County Fire Department, staff has prepared Ordinance No. 393 (Attachment 1) which restricts activities any time a red flag warning is issued by the National Weather Service. These activities include:

1. The use of portable outdoor barbecue grills.

2. The use of any outdoor fire pits, fireplaces, or any outdoor fire of any kind for any purpose.

3. Any outdoor activity that could cause a spark or flame.

4. The use of gasoline or propane powered equipment for home or property maintenance or repair (e.g. mowers, weed eaters, chainsaws, welders, and portable generators).

Notwithstanding, generators used for providing emergency power to a home and generators for medical use are permitted.

5. Outdoor smoking of tobacco, cannabis or any other inhalable product.

Ordinance No. 393 is exempt from CEQA pursuant to Sections 15061(b)(3), 15307, 15308, and 15358 of the CEQA Guidelines, as the adoption will not result in a direct or reasonably foreseeable indirect physical change to the environment, nor will it have a significant adverse effect on the environment

FISCAL IMPACT
There is no fiscal impact to the City of Hidden Hills.

RECOMMENDATION
It is staff’s recommendation that the City Council:

1. Waive full reading and introduce Ordinance No. 393 for first reading and consideration.

2. Find that the adoption of the proposed ordinance is statutorily exempt from CEQA review pursuant to Sections 15061(b)(3), 15307, 15308, 15358 of the CEQA Guidelines.

3. Approve Ordinance No. 393 to be brought back for second reading and adoption.

Ordinance Restricting Enumerated Activities When Red Flag Warnings are Issued

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If the Council concurs, an appropriate motion would be:
“I move that the City Council:

1. Find that the adoption of proposed Ordinance No. 393 is statutorily exempt from CEQA review pursuant to Sections 15061(b)(3), 15307 and 15308, 15358 of the CEQA Guidelines.

2. Waive full reading of Ordinance No. 393, restricting enumerated activities when red flag warnings are issued, and approve the Ordinance to be brought back for second reading and adoption.

ATTACHMENTS

1. Ordinance No. 393

ORDINANCE NO. 393
AN ORDINANCE OF THE CITY OF HIDDEN HILLS, CALIFORNIA, ADDING A NEW SECTION 4- 3-6 TO TITLE 4, CHAPTER 3 OF THE HIDDEN HILLS MUNICIPAL CODE RESTRICTING

ENUMERATED ACTIVITIES WHEN RED FLAG WARNINGS ARE ISSUED AND FINDING THE

ACTION EXEMPT FROM CEQA
The Hidden Hills City Council does hereby ordain as follows:

SECTION 1. The City is located in a designated Very High Fire Hazard Severity Zone as recommended by the Director of the California Department of Forestry and Fire Protection, making it susceptible to catastrophic fires in high wind conditions. The National Weather Service monitors wind and humidity conditions and issues red flag warnings on days when there is a high risk of brush fires due to: 1) low relative humidity (15% or less), and either high wind velocity (25 MPH or more) or frequent gusts of 35 MPH or greater; 2) low relative humidity (10% or less), and either high wind velocity (15 MPH or more) or frequent gusts of 25 MPH or greater; 3) widespread and/or significant dry lightning; or 4) other forecaster discretion in coordination with the Southern California Geographic Area Coordination Center or other local agency in light of unusual but significant meteorological and/or fuel conditions. When such warnings are issued it is imperative that activities be curtailed that are capable of igniting a brush fire that could endanger life and property in the City. The purpose of this ordinance is to identify, enumerate and prohibit those activities that are hazardous if conducted during times when red flag warnings are in effect.

SECTION 2. Title 4, Chapter 3 of the Hidden Hills Municipal Code is hereby amended by adding thereto a new Section 4-3-6 to read as follows:
4-3-6: - ACTIVITIES PROHIBITED DURING RED FLAG WARNINGS A. The following activities are prohibited during any time a red flag warning issued by the National Weather Service for any area that encompasses all or any portion of the City:

1. The use of portable outdoor barbecue grills.

2. The use of any outdoor fire pits, fireplaces, or any outdoor fire of any kind for any purpose.

3. Any outdoor activity that could cause a spark or flame.

4. The use of gasoline or propane powered equipment for home or property maintenance or repair (e.g. mowers, weed eaters, chainsaws, welders, and portable generators).

Notwithstanding, generators used for providing emergency power to a home and generators for medical use are permitted.

5. Outdoor smoking of tobacco, cannabis or any other inhalable product.

B. During a red flag warning, City-issued permits or other authorizations for activities to be located on City property or upon City streets may be reviewed, cancelled, and assigned to a later date if the City determines its staff or general public may be exposed to unnecessary danger.

SECTION 3. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 5. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15307, 15308, and 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment). This ordinance only limits allowable activities during red flag warnings to prevent fires, protect the environment and natural resources and to maintain the status quo of the environment. There Is no change to the physical environment that is permitted by the ordinance.

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ___ day of ________ 2025.

Larry G. Weber, Mayor
ATTEST:

Deana L. Gonzalez, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael Jenkins, Interim City Attorney
65544.00001\43199868.3
Larry G. Weber, Mayor
Joe Loggia, Mayor Pro Tem
Eniko Gold, Council Member
Laura McCorkindale, Council Member
Adam Wasserman, Council Member

TO: Honorable Mayor and City Council
FROM: Gloria Molleda, Interim City Manager
DATE: February 10, 2024
BY: Dirk Lovett, City Engineer
Best Best & Krieger LLP, City Attorney
SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE AND NON-URGENCY ORDINANCE AMENDING ARTICLE P, ENTITLED “ACCESSORY DWELLING UNITS,” OF TITLE 5 (LAND

USE AND DEVELOPMENT) OF THE CITY OF HIDDDEN HILLS MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTIONS TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF

THE PUBLIC RESOURCES CODE

BACKGROUND
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law.

On December 9, 2024 the Hidden Hills City Council adopted Ordinance No. 392, which further adopted AB 2533 and SB 1211. Attachment 1 contains the staff report, ordinance, and minutes of that meeting.

DISCUSSION
Subsequent to City adoption of Ordinance 392, City staff discovered certain elements of the City’s previous ADU standards, specific to Hidden Hills, that are not consistent with previous City and HHCA standards.

The major inconsistency was that the City previously allowed ADU’s up to 1,200 sf (1,500 sf if in RAS-2 zone) Ordinance No. 392 inadvertently limits the size to 1,000 sf.

As such, staff has prepared a new ordinance which will amend these inconsistencies. This new ordinance would again allow ADU’s up to 1,200 sf (1,500 sf if in the RAS-2 zone), if they comply with all the City’s base zone standards for buildings (including 25’ side and rear yard setbacks in the RAS and RAS-2 zones). The ordinance will also: allow ADUs to be a maximum height of 18’ (consistent with the HHCA); provide more 65544.00001\43199868.3

Page 2 ends

clarification regarding outdoor lighting (consistent with the previously approved standards); remove landscaping requirements, except in the CR/AHO zone (HHCA already regulates landscaping within the Association’s jurisdiction); provide additional definitions; and, require deed restriction requirements that are more consistent with the previously approved standards.

As builders have already informed staff that they are ready to submit applications for ADU’s larger than permissible under Ordinance No. 392, it is recommended that the City Council also adopt an urgency ordinance, amending the previous inconsistencies. Not doing so could cause a current and immediate threat to the public health, safety, or welfare if these amendments do not take effect immediately because much-needed housing through ADUs would either remain needlessly limited to the smaller sizes imposed by Ordinance No. 392 or be needlessly delayed until after the amendments restoring the larger sizeallowances take effect.

Proposed Ordinance No. 394 (Attachment 2) is an urgency measure, which means it will take immediate effect upon adoption. Typically, an ordinance affecting planning and zoning is approved by the Council after a first reading and introduction before the Council and then a second reading at a regular Council meeting — with the ordinance taking effect 30 days following adoption. The urgency ordinance will be followed at the earliest possible time by a non-urgency ordinance subject to all normal procedures.

As noted above, it is prudent for an urgency ordinance to be followed, or accompanied by, a non-urgency ordinance subject to all normal procedures. Ordinance No. 395 (Attachment 3) is that ordinance. The code amendments provided in this non-urgency ordinance are identical to those provided in the urgency ordinance. As required by state law, the non-urgency ordinance is before the Council this evening for first reading and introduction. The Council will conduct a second reading and consider the adoption of the nonurgency ordinance at its next regular meeting; it will take effect 30 days thereafter.

For the above reasons, staffs recommends that the City Council adopt the proposed Urgency Ordinance No. 394 and the non-urgency Ordinance No. 395.

Environmental Review
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed urgency and non-urgency ordinances is statutorily exempt from CEQA in that they implement state ADU law.

FISCAL IMPACT
There is no fiscal impact to the City of Hidden Hills.

RECOMMENDATION
It would be staff’s recommendation that the City Council:
65544.00001\43199868.3

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Open the public hearing, receive public testimony, close public testimony, and conclude the hearing by acting by motion to:

A. Find that the adoption of the proposed Urgency Ordinance No. 394 is statuorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.

B. Waive full reading and adopt by title only Urgency Ordinance No. 394 entitled: “AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIDDEN HILLS AMENDING ARTICLE P OF THE CITY’S MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17”
C. Find that the adoption of the proposed Ordinance No. 395 is statuorily exempt from review under CEQA under Public Resources Code section 21080.17.

D. Waive full reading and introduce for first reading by title only Ordinance No. 395 entitled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIDDEN HILLS AMENDING ARTICLE P, ENTITLED “ACCESSORY DWELLING UNITS,” OF TITLE 5 (LAND USE AND DEVELOPMENT) OF THE CITY’S MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17”
If the Council concurs, an appropriate motion would be:
“I move that the City Council:

A. Find that the adoption of the proposed Urgency Ordinance No. 394 is statutorily exempt from review under CEQA under Public Resources Code section 21080.17.

B. Waive full reading and adopt by title only Urgency Ordinance No. 394 entitled: “AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIDDEN HILLS AMENDING ARTICLE P OF THE CITY’S MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
C. Find that the adoption of the proposed Ordinance No. 395 is statuorily exempt from review under CEQA under Public Resources Code section 21080.17.

D. Waive full reading and introduce for first reading by title only Ordinance No. 395 entitled: " AN

ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
65544.00001\43199868.3

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ATTACHMENTS

1. December 9, 2024 City Council agenda report

2. Urgency ADU Ordinance - Urgency Ordinance No. 394

3. Non-Urgency ADU Ordinance - Ordinance No. 395
65544.00001\42950734.1
Eniko Gold, Mayor
Larry G. Weber, Mayor Pro Tem
Laura McCorkindale, Council Member
Joe Loggia, Council Member
Adam Wasserman, Council Member

TO: Honorable Mayor and City Council
FROM: Gloria Molleda, Interim City Manager
DATE: December 9, 2024
BY: Dirk Lovett, City Engineer
Michael Jenkins, Interim City Attorney
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 392 AMENDING ARTICLE P, ENTITLED “ACCESSORY DWELLING UNITS,” OF TITLE 5 (LAND USE AND

DEVELOPMENT), OF THE CITY OF HIDDEN HILLS MUNICIPAL CODE TO COMPLY WITH

RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE

BACKGROUND
At its November 12, 2024 adjourned regular meeting, the City Council introduced on first reading Ordinance No. 392, amending the Accessory Dwelling Unit ("ADU") provisions of the Zoning Ordinance to conform to the requirements of two new State laws, AB 2533 and SB 1211. The Council also adopted Urgency Ordinance 391, which gave immediate effect to those amendments so as to comply with the State's December 31 deadline for compliance. To complete the amendment process, the City Council will now adopt Ordinance No. 392 on second reading.

DISCUSSION
The modifications to the ADU provisions in the Zoning Ordinance required by AB 2533 and SB 1211 are discussed in detail in the staff report that was presented to the City Council at its November 12 meeting.

That staff report is attached as Attachment #2 to this report.

In order to be effective, an ordinance must be read twice; this will be the second reading and adoption of Ordinance No. 392. The Ordinance will take effect on January 8, 2025.

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by 65544.00001\42950734.1
Ordinance Regarding Changes In State Law Regarding ADUs

Page 2 ends

section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Fiscal Impact
There is no fiscal impact to the City of Hidden Hills.

RECOMMENDATION
It Is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 392.

If the Council concurs, an appropriate motion would be:
“I move that the City Council:

1. Find that the adoption of Ordinance No. 392 is statutorily exempt from review under the California Environmental Quality Act under Public Resources Code section 21080.17.

2. Waive full reading of and adopt Ordinance No. 392, amending Article P, entitled “Accessory Dwelling Units,” of Title 5 (Land Use and Development), of the City of Hidden Hills Municipal Code to comply with recent changes in state law (Attachment 1).”

ATTACHMENTS

1. Ordinance No. 392

2. November 12, 2024 Staff Report
- 1 -
ORDINANCE NO. 392

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIDDEN HILLS AMENDING ARTICLE P, ENTITLED “ACCESSORY DWELLING UNITS,” OF TITLE 5 (LAND USE AND DEVELOPMENT) OF THE CITY’S MUNICIPAL CODE TO COMPLY WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17

OF THE PUBLIC RESOURCES CODE
WHEREAS, the City of Hidden Hills, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, on November 12, 2024, the City Council, acting as both the Planning Agency and Legislative Body for the City, held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance and (2) the policy considerations discussed therein; and the Council approved It for second reading and adoption; and WHEREAS, on ___________________, the City Council adopted Ordinance No. 392 after considering all the testimony and other evidence presented and In compliance with all applicable laws and regulations; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Hidden Hills does ordain as follows:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.

Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
- 2 -
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

SECTION 4. Code Amendment. Article P, entitled “Accessory Dwelling Units,” of Title 5 (Land Use and Development) of the City of Hidden Hills Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 6165 Spring Valley Road, Hidden Hills, California 91302.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. (Continues on next page)
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Hidden Hills, California, at a regular meeting of the City Council held on the 12th day of November, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF HIDDEN HILLS
________________________________
Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
City Attorney
- 4 -
EXHIBIT A-1
Amended ADU Regulations
(follows this page)
65544.00401\42909308.2 1

EXHIBIT A
ARTICLE P. -ACCESSORY DWELLING UNITS
5-2P-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 Chapter 13 of Division 1 of Title 7 of the California Government Code.
5-2P-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 5- 2P-3:H below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
5-2P-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.
65544.00401\42909308.2 2
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 singlefamily 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 5-2P-3:D above.

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

G. “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.

H. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

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

J. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K. “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 65544.00401\42909308.2 3
transportation that charge set fares, run on fixed routes, and are available to the public.

L. “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. 5-2P-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 5-2P-5: below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-family Lot: One ADU as described in this subsection 5-2P-4: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 sections 66333 through 66339.

2. Limited Detached on Single-family Lot: One detached, newconstruction 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 5-2P-4: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 5-2P-5: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, 65544.00401\42909308.2 4
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 5-2P-4: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 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:
(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 5-2P-5:B below.
(c) 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.

B. ADU Permit.

1. Except as allowed under subsection 5-2P-4:A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 5-2P-5: and 5-2P-6: 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 Building Official 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 65544.00401\42909308.2 5
(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 5-2P-4: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.
5-2P-5: GENERAL ADU AND JADU REQUIREMENTS.

The following requirements apply to all ADUs and JADUs that are approved under subsections 5-2P-4:A or 5-2P-4:B above:

A. Zoning.

1. An ADU subject only to a building permit under subsection 5-2P-4:A above may be created on a lot in a residential or mixed-use zone.

2. An ADU subject to an ADU permit under subsection 5-2P-4:B above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B. Height.

1. Except as otherwise provided by subsections 5-2P-5:B.2 and 5-2P-5: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. 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 65544.00401\42909308.2 6
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 5-2P-5:B.4 may not exceed two stories.

5. For purposes of this subsection 5-2P-5: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. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

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 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).

F. Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment 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. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2. 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 65544.00401\42909308.2 7
the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection 5-2P-5:G.2 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 certificate of 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 Building Official. 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 66341, 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. 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:

1. 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.
65544.00401\42909308.2 8

2. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30- day period, the city may enforce this provision in accordance with applicable law.

J. Building & Safety.

1. Must comply with building code. Subject to subsection 5-2P-5: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 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 5-2P-5: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. 5-2P-6: SPECIFIC ADU REQUIREMENTS.

The following requirements apply only to ADUs that require an ADU permit under subsection 5-2P-4:B above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this subsection 5-2P-6: 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 5-2P-6:, 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 5-2P-6:A.2 above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. 65544.00401\42909308.2 9
B. Setbacks.

1. ADUs that are subject to this subsection 5-2P-6: must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection 5-2P-6:
must conform to 50-foot front setbacks, subject to subsection 5-2P-6:A.3 above.

2. No setback is required for an ADU that is subject to this subsection 5-2P6: if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Lot Coverage.

1. No ADU subject to this subsection 5-2P-6: may cause the total lot coverage of the lot to exceed 25 percent, subject to subsection 5-2P-6:A.3 above.

2. For purposes of this section 5-2P-6:C:
(a) Lot coverage means percentage of the net area of the lot. (b) “Net area” means the gross area of the lot less those portions of the lot that are designated as, or included in, a road, multiple-driveway easement, or ingress-and-egress easement benefiting another lot. (c) “Coverage” means the ground-floor area within the polygon formed by connecting the corner points of each of the supporting walls or columns of a building in a straight line. Coverage does not include areas beneath roof overhangs.
(d) “Roof overhang” mean that portion of a roof that extends beyond the supporting walls or columns of the structure that the roof covers.

D. Passageway. No passageway, as defined by subsection 5-2P-3:I above, is required for an ADU.
(1) 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 5-2P-3:L above.

2. Exceptions. No parking under subsection 5-2P-6:D.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 5-2P-3:K above. 65544.00401\42909308.2 10
(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 5-2P-4: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 5-2P-6:D.2(a) through (e) above.

3. 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.
(2) Architectural Requirements.

4. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

5. 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.

6. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

7. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

8. 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.

9. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

10. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) 65544.00401\42909308.2 11
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. (3) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and any public right-of-way as follows:

11. At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall.

12. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

13. All landscaping must be drought-tolerant.
(4) Allowed Stories. No ADU subject to this subsection 5-2P-6: may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 5-2P-5:B.4 of this section. 5-2P-7: FEES. THE FOLLOWING REQUIREMENTS APPLY TO ALL ADUS THAT ARE APPROVED UNDER SUBSECTIONS 5-2P-4:A OR 5-2P-4:B ABOVE.

A. Impact Fees.

1. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 5-2P-7: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. 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.)
B. Utility Fees.

1. The City defers to utility providers as to whether a direct utility connection is required for an ADU or JADU and, if so, what fee or charge is owed.

2. A complete application to the City for an ADU or JADU must include, among other things, a pre-application clearance letter from each utility provider indicating whether a direct utility connection is required and, if so, the amount of any connection fee or capacity charge that the City must collect.
65544.00401\42909308.2 12
5-2P-8: 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 and JADUs constructed before 2020.

2. Exceptions:
(a) Notwithstanding subsection 5-2P-8:B.1 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.
(b) Subsection 5-2P-8: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.
65544.00401\43214648.2
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URGENCY ORDINANCE NO. 394

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIDDEN HILLS AMENDING ARTICLE P OF THE CITY’S MUNICIPAL

CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE

STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE § 21080.17
WHEREAS, the City of Hidden Hills, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and WHEREAS, AB 2533 and SB 1211 took effect January 1, 2025, and if the City’s ADU ordinance did not comply with the requirements imposed by those bills by that date, the City’s entire existing ADU ordinance would become null and void as a matter of law; and WHEREAS, the City, on November 12, 2024, adopted Urgency Ordinance No. 391 and on December 9, 2024, adopted urgency ordinance No. 392 amending its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, subsequent to the adoption of Ordinances Nos. 391 and 392, the City determined that certain language in the new ordinances was inconsistent with previously adopted City standards, in that the ordinances restrict the size and height of ADUs more than what was previously allowed; and WHEREAS, historically the City of Hidden Hills has been more generous than state law requires by allowing ADUs to be larger and taller than what state ADU law requires; and WHEREAS, the City desires to amend its ADU regulations to reflect the City's historically moregenerous approach, while still ensuring compliance with AB 2533’s and SB 1211’s changes to state law ; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare if these amendments do not take effect immediately because much-needed housing through ADUs would either remain needlessly limited to the smaller sizes imposed by Ordinance Nos. 391 and 392 or be needlessly delayed until after the amendments restoring the larger size-allowances take effect; applicants are frequently confused about the change, and City staff is having to expend resources educating applicants on the recent restrictions and a potential return to the more-generous size-allowance. The need for a fully 65544.00401\43214648.2
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compliant ordinance remains pressing, because without it the City’s ordinance would not comply with state ADU law — and the City’s ADU ordinance would be null and void — requiring the City to approve ADUs and JADUs in accordance with the few default standards that are provided in Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Hidden Hills does ordain as follows:

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.

Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

Section 4. Code Amendment. Article P of the City of Hidden Hills Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

Section 5. Effective Date. This Ordinance takes effect immediately upon its adoption.

Section 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 7. Publication. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on February 10, 2025. The Clerk is hereby directed to post or publish the ordinance as required by law.
65544.00401\43214648.2
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Section 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 6165 Spring Valley Road, Hidden Hills, California 91302
Section 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Hidden Hills, California, at a regular meeting of the City Council held on the 10th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF HIDDEN HILLS
________________________________
Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
City Attorney
65544.00401\43214648.2
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EXHIBIT A
Amended ADU Regulations
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65544.00401\42909308.265544.00001\43133472.4
1 EXHIBIT A
ARTICLE P. -ACCESSORY DWELLING UNITS
5-2P-1: PURPOSE.

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.

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

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.
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2 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.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

5. It includes an efficiency kitchen, as defined in subsection 5-2P-3:D above.

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

G. “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.

H. “Locally Regulated” means an ADU or JADU that qualifies for ministerial approval under Government Code section 66314 et seq. and Section 5-2P-4:B of this Code.

I. H. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

J. I. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. 65544.00401\42909308.265544.00001\43133472.4
3 K. J. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

L. K. “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.

M. “Statutorily Regulated” means an ADU or JADU that is described by Government Code section 66323 and Section 5-2P-4:A of this Code.

N. L. “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. 5-2P-4: APPROVALS.

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

A. Building-permit OnlyStatutorily Regulated. If an ADU or JADU complies with each of the general requirements in subsectionsection 5-2P-5: below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-family Lot with Single-family: One ADU as described in this subsection 5-2P-4: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 sections 66333 through 66339.

2. Limited Detached on Single-family Lot with Single-family: 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 5-2P-4:A.1 above), if the detached ADU satisfies each of the following limitations:
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4 (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 5-2P-5:B below.

3. Converted on Multifamily Lot with Multifamily: 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 5-2P-4: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 with Multifamily: 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:
(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 5-2P-5:B below.
(c) 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.

B. ADU PermitLocally Regulated.

1. Except as allowed under subsection 5-2P-4:A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsectionssections 5-2P-5: and 5-2P-6: below.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
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5 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 (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.

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.
5-2P-5: GENERAL ADU AND JADU REQUIREMENTS.

The following requirements apply to all ADUs and JADUs that are approved under subsections 5-2P-4:A or 5-2P-4:B above:

A. Zoning.

1. An ADU subject only to a building permit under subsection 5-2P-4:A above may be created on a lot in a residential or mixed-use zone.

2. An ADU subject to an ADU permit under subsection 5-2P-4:B above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. 65544.00401\42909308.265544.00001\43133472.4
6 B. Height.

1. Except as otherwise provided by subsections 5-2P-5:B.2 and, 5-2P-5:B.3, and 5-2P-6:A.4 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. 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.

5. For purposes of this subsection 5-2P-5: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. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

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.

F. Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment system, the owner must include with the application a percolation test 65544.00401\42909308.265544.00001\43133472.4
7 completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2. 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 owneroccupancy requirement in this subsection 5-2P-5:G.2 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H. Deed RestrictionDeed-Restriction Covenant. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restrictiondeed-restriction covenant must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Building Official. The deed restrictiondeed-restriction covenant must run with the land and bind all future owners. The form of the deed restrictiondeed-restriction covenant will be provided by the city and must provide that:

1. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

1. 2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

2. 3. The deed restrictiondeed-restriction covenant runs with the land and may be enforced against future property owners.

3. 4. The deed restrictiondeed-restriction covenant may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchenefficiency-kitchen facilities. To remove the deed restrictiondeed-restriction covenant, an owner may make a written request of the DirectorBuilding Official, providing evidence that the ADU or JADU has in fact been eliminated. The DirectorBuilding Official may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’sBuilding Official’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. 65544.00401\42909308.265544.00001\43133472.4
8 4. 5. The deed restrictiondeed-restriction covenant is enforceable by the directorBuilding Official 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.

1. 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.

J. Building & Safety.

1. Must comply with building code. Subject to subsection 5-2P-5:J.2 below, all ADUs and JADUs must comply with all local building code requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection 5-2P-4:B above.

A. Maximum Size.
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9 1. TheExcept as set forth in paragraph 4 of this subsection 5-2P-6:A, the maximum size of a detached or attached ADU subject to this subsectionsection 5-2P-6: 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 subsectionsection 5- 2P-6:, 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 5- 2P-6:A.2 above or of an FAR, front setback, lot coverage limit, or openspace requirement may require the ADU to be less than 800 square feet.

4. Optional Larger Size. An attached or detached ADU under this section 5-2P-6: may be up to up to 18 feet in height and 1,500 square feet in size in the RA.S.2 zone, and up to 1,200 square feet in all other zones if the ADU complies with all of the objective standards of the underlying zone.

B. Setbacks.

1. Except as described by subsection 5-2P-6:A.4, ADUs that are subject to this subsectionsection 5-2P-6: must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsectionsection 5-2P-6: must conform to 50-foot front setbacks, subject to subsectionsection 5-2P-6:A.3 above.

2. NoExcept as described by subsection 5-2P-6:A.4, no setback is required for an ADU that is subject to this subsectionsection 5-2P-6: if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Lot Coverage.

1. NoExcept as described by subsection 5-2P-6:A.4, no ADU subject to this subsectionsection 5-2P-6: may cause the total lot coverage of the lot to exceed 25 percent, subject to subsection 5-2P-6:A.3 above.

2. For purposes of this section 5-2P-6:C:
(a) Lot coverage means percentage of the net area of the lot. (b) “Net area” means the gross area of the lot less those portions of the lot that are designated as, or included in, a road, multiple-driveway easement, or ingress-and-egress easement benefiting another lot. 65544.00401\42909308.265544.00001\43133472.4
10 (c) “Coverage” means the ground-floor area within the polygon formed by connecting the corner points of each of the supporting walls or columns of a building in a straight line. Coverage does not include areas beneath roof overhangs.
(d) “Roof overhang” meanmeans that portion of a roof that extends beyond the supporting walls or columns of the structure that the roof covers.

D. Passageway. No passageway, as defined by subsection 5-2P-3:J above5-2P-3:J above, is required for an ADU.

E. (1) Parking.

1. Generally. OneExcept as described by subsection 5-2P-6:A.4, one offstreet parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection Error! Unknown switch argument.5-2P-3:M above.

2. Exceptions. No parking under subsection 5-2P-6:E.15-2P-6:E.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 5-2P-3:L above5-2P-3:L 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 5-2P-4: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 5-2P-6:E.2(a)5-2P-6:E.2(a) through (e) above.

3. No Replacement. WhenExcept as described by subsection 5-2P-6:A.4, when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or 65544.00401\42909308.265544.00001\43133472.4
11 converted to an ADU, those off-street parking spaces are not required to be replaced.

F. (2) Architectural Requirements.

1. 4. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

2. 5. 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.

6. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

3. Outdoor Lighting.
(a) Outdoor lighting fixtures installed on an ADU are
prohibited except in accordance with the following standards:
(1) A building-mounted fixture may not extend above
the ridgeline of the roof of the building on which it is mounted.
(2) A light mounted at no more than one foot above
finished grade must not exceed an illumination level of one foot-candle, measured at a distance of one and one-half feet, perpendicular to the light source.
(3) A light mounted higher than one foot above finished grade must not exceed an illumination level of two footcandles, measured at a distance of three feet, perpendicular to the light source.
(4) Every outdoor lighting fixture must be hooded or
directed to confine the lighting within the limits of the property on which the fixture is located. Outdoor lighting fixtures on an ADU must not result in illumination levels above one foot-candle above the ambient level, measured at any point along any property line.
(5) Lighting fixtures must not be grouped together to
focus their illumination to cause an illumination level in excess of four foot-candles, measured in the brightest area of combined illumination.
(6) Exemptions to the above standards are permitted
only for holiday and temporary-emergency situations, such 65544.00401\42909308.265544.00001\43133472.4
12 as a medical or veterinary emergency; alarm-light response to intrusion; or for seasonal holiday lighting.
(b) No outdoor lighting is allowed with an ADU if it is not installed on the ADU itself. Outdoor lighting that is not installed on an ADU may not be approved with an ADU and is subject to the general outdoor-lighting provisions of the City’s code.

4. 7. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. 8. 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. 9. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

7. 10. All windows and doors in an ADU less than 3025 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.

G. (3) Landscape Requirements. EvergreenFor ADUs in the CR/AHO zone, evergreen landscape screening must be planted and maintained between the ADU and any public right-of-way as follows:

1. 11. At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall.

2. 12. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed where the fence is at least 50 feet from a public right-of-way.

13. All landscaping must be drought-tolerant.

H. (4) Allowed Stories. No ADU subject to this subsectionsection 5-2P-6:
may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraphsubsection 5-2P-5:B.4 of this section.
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13 5-2P-7: FEES. THE FOLLOWING REQUIREMENTS APPLY TO ALL ADUS THAT ARE APPROVED UNDER SUBSECTIONS 5-2P-4:A OR 5-2P-4:B ABOVE.

A. Impact Fees.

1. The City defers to utility providers as to whether a direct utility connection is required for an ADU or JADU and, if so, what fee or charge is owed.

2. A complete application to the City for an ADU or JADU must include, among other things, a pre-application clearance letter from each utility provider indicating whether a direct utility connection is required and, if so, the amount of any connection fee or capacity charge that the City must collect.
5-2P-8: NONCONFORMING ZONING CODE CONDITIONS, BUILDING CODE VIOLATIONS, AND UNPERMITTED STRUCTURES.

B. Unpermitted ADUs and JADUs constructed before 2020.

1. 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:
(a) The ADU or JADU violates applicable building standards, or (b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section NN.NNNArticle P).
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14 2. Exceptions:
(a) Notwithstanding subsection 5-2P-8:B.1 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.
(b) Subsection 5-2P-8: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.

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65544.00001\43133472.4
1 EXHIBIT A
ARTICLE P. -ACCESSORY DWELLING UNITS
5-2P-1: PURPOSE.

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.

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

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.
65544.00001\43133472.4
2 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.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

5. It includes an efficiency kitchen, as defined in subsection 5-2P-3:D above.

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

G. “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.

H. “Locally Regulated” means an ADU or JADU that qualifies for ministerial approval under Government Code section 66314 et seq. and Section 5-2P-4:B of this Code.

I. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

J. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
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3 K. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

L. “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.

M. “Statutorily Regulated” means an ADU or JADU that is described by Government Code section 66323 and Section 5-2P-4:A of this Code.

N. “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. 5-2P-4: APPROVALS.

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

A. Statutorily Regulated. If an ADU or JADU complies with each of the general requirements in section 5-2P-5: below, it is allowed with only a building permit in the following scenarios:

1. Converted on Lot with Single-family: One ADU as described in this subsection 5-2P-4: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 sections 66333 through 66339.

2. Limited Detached on Lot with Single-family: One detached, newconstruction 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 5-2P-4: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. 65544.00001\43133472.4
4 (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 5-2P-5:B below.

3. Converted on Lot with Multifamily: 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 5-2P-4: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 Lot with Multifamily: 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:
(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 5-2P-5:B below.
(c) 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.

B. Locally Regulated.

1. Except as allowed under subsection 5-2P-4:A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in sections 5-2P-5: and 5-2P-6: below.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
65544.00001\43133472.4
5 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 (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.

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.
5-2P-5: GENERAL ADU AND JADU REQUIREMENTS.

The following requirements apply to all ADUs and JADUs that are approved under subsections 5-2P-4:A or 5-2P-4:B above:

A. Zoning.

1. An ADU subject only to a building permit under subsection 5-2P-4:A above may be created on a lot in a residential or mixed-use zone.

2. An ADU subject to an ADU permit under subsection 5-2P-4:B above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. 65544.00001\43133472.4
6 B. Height.

1. Except as otherwise provided by subsections 5-2P-5:B.2, 5-2P-5:B.3, and 5-2P-6:A.4 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. 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.

5. For purposes of this subsection 5-2P-5: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. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

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.

F. Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment system, the owner must include with the application a percolation test 65544.00001\43133472.4
7 completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2. 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 owneroccupancy requirement in this subsection 5-2P-5:G.2 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H. Deed-Restriction Covenant. Prior to issuance of a certificate of occupancy for an JADU, a deed-restriction covenant must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Building Official. The deed-restriction covenant must run with the land and bind all future owners. The form of the deed-restriction covenant will be provided by the city and must provide that:

1. The JADU is restricted to the approved size and to other attributes allowed by this section.

2. The deed-restriction covenant runs with the land and may be enforced against future property owners.

3. The deed-restriction covenant may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the efficiency-kitchen facilities. To remove the deed-restriction covenant, an owner may make a written request of the Building Official, providing evidence that the JADU has in fact been eliminated. The Building Official may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Building Official’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

4. The deed-restriction covenant is enforceable by the Building Official 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 65544.00001\43133472.4
8 injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

1. 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.

J. Building & Safety.

1. Must comply with building code. Subject to subsection 5-2P-5:J.2 below, all ADUs and JADUs must comply with all local building code requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection 5-2P-4:B above.

A. Maximum Size.

1. Except as set forth in paragraph 4 of this subsection 5-2P-6:A, the maximum size of a detached or attached ADU subject to this section 5-2P6: is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
65544.00001\43133472.4
9 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 section 5-2P-6:, 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 5-2P-6:A.2 above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

4. Optional Larger Size. An attached or detached ADU under this section 5- 2P-6: may be up to up to 18 feet in height and 1,500 square feet in size in the RA.S.2 zone, and up to 1,200 square feet in all other zones if the ADU complies with all of the objective standards of the underlying zone.

B. Setbacks.

1. Except as described by subsection 5-2P-6:A.4, ADUs that are subject to this section 5-2P-6: must conform to 4-foot side and rear setbacks. ADUs that are subject to this section 5-2P-6: must conform to 50-foot front setbacks, subject to section 5-2P-6:A.3 above.

2. Except as described by subsection 5-2P-6:A.4, no setback is required for an ADU that is subject to this section 5-2P-6: if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Lot Coverage.

1. Except as described by subsection 5-2P-6:A.4, no ADU subject to this section 5-2P-6: may cause the total lot coverage of the lot to exceed 25 percent, subject to subsection 5-2P-6:A.3 above.

2. For purposes of this section 5-2P-6:C:
(a) Lot coverage means percentage of the net area of the lot. (b) “Net area” means the gross area of the lot less those portions of the lot that are designated as, or included in, a road, multiple-driveway easement, or ingress-and-egress easement benefiting another lot. (c) “Coverage” means the ground-floor area within the polygon formed by connecting the corner points of each of the supporting walls or columns of a building in a straight line. Coverage does not include areas beneath roof overhangs.
(d) “Roof overhang” means that portion of a roof that extends beyond the supporting walls or columns of the structure that the roof covers.
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10 D. Passageway. No passageway, as defined by subsection 5-2P-3:J above, is required for an ADU.

E. Parking.

1. Generally. Except as described by subsection 5-2P-6:A.4, 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 5-2P-3:M above.

2. Exceptions. No parking under subsection 5-2P-6:E.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 5-2P-3:L 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 5-2P-4: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 5-2P-6:E.2(a) through (e) above.

3. No Replacement. Except as described by subsection 5-2P-6:A.4, 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.

F. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must be the same as 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.
65544.00001\43133472.4
11 3. Outdoor Lighting.
(a) Outdoor lighting fixtures installed on an ADU are prohibited except in accordance with the following standards:
(1) A building-mounted fixture may not extend above the ridgeline of the roof of the building on which it is mounted. (2) A light mounted at no more than one foot above finished grade must not exceed an illumination level of one footcandle, measured at a distance of one and one-half feet, perpendicular to the light source.
(3) A light mounted higher than one foot above finished grade must not exceed an illumination level of two foot-candles, measured at a distance of three feet, perpendicular to the light source.
(4) Every outdoor lighting fixture must be hooded or directed to confine the lighting within the limits of the property on which the fixture is located. Outdoor lighting fixtures on an ADU must not result in illumination levels above one footcandle above the ambient level, measured at any point along any property line.
(5) Lighting fixtures must not be grouped together to focus their illumination to cause an illumination level in excess of four foot-candles, measured in the brightest area of
combined illumination.
(6) Exemptions to the above standards are permitted only for holiday and temporary-emergency situations, such as a
medical or veterinary emergency; alarm-light response to intrusion; or for seasonal holiday lighting.
(b) No outdoor lighting is allowed with an ADU if it is not installed on the ADU itself. Outdoor lighting that is not installed on an ADU may not be approved with an ADU and is subject to the general outdoor-lighting provisions of the City’s 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. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be 65544.00001\43133472.4
12 located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

7. All windows and doors in an ADU less than 25 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.

G. Landscape Requirements. For ADUs in the CR/AHO zone, evergreen landscape screening must be planted and maintained between the ADU and any public rightof-way as follows:

1. At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall.

2. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed where the fence is at least 50 feet from a public right-of-way.

H. Allowed Stories. No ADU subject to this section 5-2P-6: may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 5-2P-5:B.4.
5-2P-7: FEES. THE FOLLOWING REQUIREMENTS APPLY TO ALL ADUS THAT ARE APPROVED UNDER SUBSECTIONS 5-2P-4:A OR 5-2P-4:B ABOVE.

A. Impact Fees.

1. The City defers to utility providers as to whether a direct utility connection is required for an ADU or JADU and, if so, what fee or charge is owed.

2. A complete application to the City for an ADU or JADU must include, among other things, a pre-application clearance letter from each utility 65544.00001\43133472.4
13 provider indicating whether a direct utility connection is required and, if so, the amount of any connection fee or capacity charge that the City must collect.
5-2P-8: NONCONFORMING ZONING CODE CONDITIONS, BUILDING CODE VIOLATIONS, AND UNPERMITTED STRUCTURES.