Hillsborough City Council
December 9, 2024

PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Adopt the resolution amending the FY 2024-25 budget appropriating $363,608.00 for contribution to the Central County Fire Department Joint Powers Authority. -154-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING THE FY 2024-25 BUDGET APPROPRIATING $363,608.00 FOR

CONTRIBUTION TO THE CENTRAL COUNTY FIRE DEPARTMENT JOINT POWERS

AUTHORITY
WHEREAS, on June 10, 2024, the City Council approved Resolution No. 24-37 adopting the fiscal year 2024-25 budget; and
WHEREAS, the Town needs to amend the fiscal year 2024-25 budget to provide additional contributions to the Central County Fire Department Joint Powers Authority (“CCFD”) for fire services; and
WHEREAS, the need for additional contributions for FY 2024-25 was reviewed and approved by the CCFD Board at its regularly scheduled meeting on November 13, 2024; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough amends the fiscal year 2024-25 budget appropriating $363,608.00 for contribution to the Central County Fire Department Joint Powers Authority in the General Fund Account Code 10017000 5034 “Contribution to Central County Fire Department.”
Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of December 2024, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-155-
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-158-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
5 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
SUMMARY: A General Municipal Election was held and conducted in the Town of Hillsborough on Tuesday, November 5, 2024, as required by law, for the purpose of electing three members of the City Council for the full term of four years each. A notice of said election was duly and regularly given in the time, form and manner as provided by law, voting precincts were properly established, election officers were appointed and in all cases said election was held and conducted and the votes cast were received and canvassed and the returns made and declared in the time, form and manner as required by the provisions for the Elections Code of the State of California for the holding of elections in cities.

The County of San Mateo Elections Division canvassed the returns of said election and has certified the results. The names and results of the election for members of the City Council are as follows:

NUMBER OF VOTES RECEIVED
3,875
3,737
3,584
1,382
NAME
Christine Krolik
Sophie Cole
Laurie Davies Adams
Jabra Muhawieh
Jimmy Wu 874
Sophie Cole, Christine Krolik and Laurie Davies Adams were the candidates who received the highest number of votes and have therefore been elected as members of the City Council for fouryear terms each.

A copy of the Certificate of the Chief Elections Officer and Statement of the Vote are included in Exhibit A to the resolution.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: There are no environmental issues associated with this agenda item.

ATTACHMENTS: Resolution and Exhibit A
PREPARED BY: Lisa Natusch, City Clerk
-159-
Agenda Staff Report - Hillsborough City Council
December 09, 2024

RECOMMENDATION: Adopt the resolution declaring the results of the General Municipal Election held on November 5, 2024.
-160-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, a General Municipal Election was held and conducted in the Town of Hillsborough, County of San Mateo, State of California, on Tuesday the fifth day of November, 2024, as required by law, for the purpose of electing three members of the City Council for the full term of four years each; and
WHEREAS, notice of said election was duly and regularly given in the time, form and manner as provided by law, voting precincts were properly established, election officers were appointed and in all cases said election was held and conducted and the votes cast were received and canvassed and the returns made and declared in the time, form and manner as required by the provisions for the Elections Code of the State of California for the holding of elections in cities; and
WHEREAS, the County of San Mateo Election’s Division canvassed the returns of said election and has certified the results, which are attached and made a part hereof as Exhibit “A.”
NOW, THEREFORE BE IT RESOLVED by the City Council of the Town of Hillsborough as follows:

Section 1: That the whole number of ballots cast in the precincts, the whole number of vote by mail voter ballots cast in the Town, the whole number of provisional ballots cast in the Town, and the total number of ballots cast in the Town is set forth in the Certificate of Election from the San Mateo County Elections Official, as set forth in Exhibit “A.”
Section 2: Said General Municipal Election was held for the purpose of electing three members of the City Council for four-year terms.

Section 3: The names and results of the persons voted for at said election for members of the City Council are:

NAME NUMBER OF VOTES RECEIVED
Christine Krolik 3,875
Sophie Cole 3,737
Laurie Davies Adams 3,584
Jabra Muhawieh 1,382
Jimmy Wu 874
Section 4: That the number of votes given at each precinct and the number of votes given in the Town to each of the persons above named for the respective office for which the persons were candidates are set forth in Exhibit “A.” -161-
2 Section 5: The City Council does declare and determine that:

Christine Krolik, Sophie Cole and Laurie Davies Adams were the candidates who received the highest number of votes and have therefore been elected as members of the City Council for a term expiring upon the election of a successor thereto at the General Municipal election in November 2028.

Section 6: The City Clerk shall deliver to each person elected a certification of election signed by her and duly authenticated; she shall also administer to the persons elected the oath of office as prescribed in the State Constitution of the State of California and shall have those persons subscribe thereto and file it in the office of the City Clerk.

Each person so elected shall be inducted into the office which he or she has been elected.

Section 7: The City Clerk shall enter in the records of the City Council a statement of the results of said election, showing (1) the whole number of votes cast in the Town; (2) the names of the persons voted for; (3) the office for which each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person. These results are attached as Exhibit “A” to the resolution.

Section 8: The City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

Section 9: This resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of December 2024, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-162-
The Certificate of the Chief Elections Officer will be posted to the Town website separately as soon as available and prior to the Monday, December 9, 2024, 6 p.m. City Council meeting. Hard copies will also be available in Council Chambers at the meeting.

Lisa Natusch
City Clerk

EXHIBIT A
-163-
1 Town of Hillsborough Members, City Council
11111
Registered
Voters
Voters Cast
Turnout (%)
JABRA

MUHAWIEH
ADAMS
DAVIES
LAURIE
SOPHIE
COLE

CHRISTINE
KROLIK

JIMMY WU
14001 Total 2278 1785 78.36 % 224 949 998 1043 384
14004 Total 2522 1986 78.75 % 261 1114 1134 1185 375
14006 Total 3594 2837 78.94 % 389 1521 1605 1647 623
Total - Vote Centers 8394 691 8.23 % 142 376 293 332 199 Total - Vote by Mail 8394 5917 70.49 % 732 3208 3444 3543 1183 Contest Total 8394 6608 78.72 % 874 3584 3737 3875 1382 *** Indicates vote data was suppressed due to voter privacy settings.

San Mateo
San Mateo 2024 Presidential General Election
Statement of the Vote - Precincts
November 5, 2024
-164-
1 Town of Hillsborough Members, City Council
11111
Registered
Voters
Voters Cast
Turnout (%)
JABRA

MUHAWIEH
ADAMS
DAVIES
LAURIE
SOPHIE
COLE

CHRISTINE
KROLIK

JIMMY WU
Electionwide Total 8394 6608 78.72 % 874 3584 3737 3875 1382 Board of Equalization - District 2 Total 8394 6608 78.72 % 874 3584 3737 3875 1382 15th Congressional District Total 8394 6608 78.72 % 874 3584 3737 3875 1382 13th Senatorial District Total 8394 6608 78.72 % 874 3584 3737 3875 1382 21st Assembly District Total 8394 6608 78.72 % 874 3584 3737 3875 1382 County of San Mateo Total 8394 6608 78.72 % 874 3584 3737 3875 1382 1st Supervisorial District Total 8394 6608 78.72 % 874 3584 3737 3875 1382 Town of Hillsborough Total 8394 6608 78.72 % 874 3584 3737 3875 1382 San Mateo
San Mateo 2024 Presidential General Election
Statement of the Vote - Districts
Election Date: November 5, 2024
-165-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR CALENDAR YEAR 2025
SUMMARY: Government Code Section 54972 requires that on or before December 31 of each year, the City Council shall prepare an appointments list of all regular and ongoing boards, commissions and committees, whose members are volunteer Hillsborough residents that are appointed by the City Council. Government Code Section 54973 requires that the Local Appointments List be made available to the public. Government Code Section 54974 requires that whenever an unscheduled vacancy occurs in any body on the Local Appointments List, a special vacancy notice be posted in the office of the City Clerk and in other places as directed by the City Council. The Local Appointments List shall contain the following information:
(a) A list of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
(b) A list of all boards, commissions, and committees whose members serve at the pleasure of the City Council, and the necessary qualifications for each position.

Following consideration of the adoption of an ordinance to amend the qualifications for the Architecture and Design Review Board on the agenda this evening, the Local Appointments List will be updated to modify the ADRB qualifications as necessary.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Resolution and Exhibit A Local Appointments List PREPARED BY: Lisa Natusch, City Clerk
RECOMMENDATION: Adopt the resolution establishing the Local Appointments List for calendar year 2025.
-167-
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH ESTABLISHING THE LOCAL APPOINTMENTS LIST FOR CALENDAR YEAR 2025 WHEREAS, Government Code Section 54972 requires that on or before December 31 of each year, the City Council of the Town of Hillsborough prepare an appointments list of all regular and ongoing boards, commissions, and committees that are appointed by the City Council (“Local Appointments List”); and
WHEREAS, Government Code Section 54972 further requires that the Local Appointments List contain (a) a list of all appointive terms that will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, and (b) a list of all boards, commissions, and committees whose members serve at the pleasure of the City Council and the necessary qualifications for each position; and
WHEREAS, Government Code Section 54973 requires that the Local Appointments List be made available to the public for a reasonable fee not exceeding actual cost and that the City Council may designate that the list be posted on the Town website; and
WHEREAS, Government Code Section 54974 requires that whenever an unscheduled vacancy occurs in any body on the Local Appointments List, a special vacancy notice be posted in the office of the City Clerk, on the Town website and other places as directed by the City Council and that such posting and the subsequent appointment be made according to the time tables and procedures set forth in Section 54974.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Hillsborough that:

1. The Local Appointments List shall be that list attached hereto as Exhibit A and by reference incorporated herein.

2. The Local Appointments List shall be posted on the Town website and made available to members of the public at no charge.

3. Whenever an unscheduled vacancy occurs on one of the committees or board, a special vacancy notice shall be posted in the office of the City Clerk and on the Town’s website; and if time allows, in the Town’s Weekly Bulletin not earlier than 20 days before or not later than 20 days after the vacancy occurs. Appointment to that vacancy must not be made for at least 10 working days after posting of the special notice.
-168-
2 4. The appointment to any such special vacancy shall be made according to the posting and appointing timetables and procedures set forth in Government Code Section 54974 or successor provision.

5. This resolution shall be printed and posted upon the three official bulletin boards of the Town of Hillsborough.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 9th day of December 2024, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-169-

TOWN OF HILLSBOROUGH
BOARDS AND COMMITTEES – LOCAL APPOINTMENT LIST
List of boards and committees whose members serve at the pleasure of the City Council and the necessary qualifications for each board or committee.
1 of 2 12/5/2024

ADMINISTRATIVE HEARING PANEL (AHP)
Composition and Term Length: Up to five members for 3-year terms Meeting Schedule: monthly as needed
Qualifications: The preferred composition of the board shall be residents of the Town, or persons who own property “directly or indirectly”, familiar with the Town’s government and municipal code, with prior experience serving on committees or boards and an interest in fostering the Town’s beauty and property values.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Jim Benton January 2024 December 2026
2 Jerome Hong September 2022 December 2027
3 Lisa Stephenson January 2022 December 2027 1
4 Katherine Tong January 2025 December 2027
5 David Weinberg January 2016 December 2027 3

ARCHITECTURE AND DESIGN REVIEW BOARD (ADRB)
Composition and Term Length: Five members plus one alternate for 3-year terms Meeting Schedule: Tuesday following 2nd Monday of every month Qualifications: Pursuant to Hillsborough Municipal Code Chapter 2.12, qualified electors from the town for two or more years and the preferred composition of the board shall be two architects or building designers, two other design professionals, and one resident-at-large; however, other residents from the town may be appointed, if necessary, to complete the five-member board.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Kathleen Egan October 2016 December 2027 2
2 April Filer January 2021 December 2026 1
3 Yuvraj Gill October 2020 December 2025
4 Breigh McCall January 2025 December 2027
5 Bee Hui Yeh January 2023 December 2025
Alternate – Vacant December 2026

CITIZENS COMMUNICATION ADVISORY COMMITTEE (CCAC)
Composition and Term Length: Five members for 3-year terms Meeting Schedule: Tuesday following 2nd Monday of each month Qualifications: Hillsborough residents who are familiar with the Town and possess a desire to assist the Town in its communications with the residents.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Mary Ellen Benninger January 2016 December 2027 3
2 Julie Borden January 2010 December 2027 5
3 Lisa Edwards January 2025 December 2027
4 Ah Huang Chen January 2023 December 2026
5 Amy Jasmer January 2024 December 2026
-170-

EXHIBIT A

TOWN OF HILLSBOROUGH
BOARDS AND COMMITTEES – LOCAL APPOINTMENT LIST
List of boards and committees whose members serve at the pleasure of the City Council and the necessary qualifications for each board or committee.
2 of 2 12/5/2024

FINANCIAL ADVISORY COMMITTEE (FAC)
Composition and Term Length: Seven members for 3-year terms Meeting Schedule: Tuesday following 2nd Monday of every month Qualifications: Hillsborough residents who represent a broad spectrum of expertise from the fields of accountancy, investment management and fiscal control. Preferred qualifications include a familiarity with local government finance, prior experience serving on committees or boards, and an interest in advising the City Council and Town staff on financial matters.

Members Date Initially
Appointed
Term
Expires
Terms
Served
1 Charles F. “Chick” Adams June 2021 December 2025
2 Jeffrey Baxter April 2013 December 2027 4
3 Roger Davis January 2023 December 2026
4 Joel Friedman January 2019 December 2027 2
5 Michele Gutierrez March 2019 December 2027 1
6 Tom Maloney December 2017 December 2026 2
7 Mike Quackenbush July 2024 December 2027
For information about serving on a board or committee, contact the City Clerk at 650-375-7421, [email protected] or visit https://www.hillsborough.net/146/Boards-Committees. -171-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 CONSENT CALENDAR

CITY COUNCIL MEETING
DECEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: ORDINANCE AMENDING HILLSBOROUGH MUNICIPAL CODE SECTION

2.12.010 TO REDUCE THE APPOINTMENT REQUIREMENTS FOR THE ARCHITECTURE AND

DESIGN REVIEW BOARD - ADOPTION
SUMMARY: The Town has four Council-appointed Committees and Boards. The Architecture and Design Review Board (ADRB) is the only board which requires that the membership consist of “qualified electors from the town for two or more years and not otherwise serving the town in an elective or salaried capacity.” This requirement has been in place since the formation of the ADRB by ordinance in 1979.

Currently this requirement is upheld by verifying the applicant’s current voter registration status.

Applicants currently attest to the following statement included on the application, “I hereby certify that all statements made in this application are true and I authorize investigation of all matters contained in the application. I acknowledge that any false statements or misrepresentation on this application will be cause for refusal of placement or immediate dismissal at any time during the period of my placement.” The current application process does not have a mechanism to verify whether the applicant has been a qualified elector in the Town for two or more years, as specified in the Municipal Code.

The proposed ordinance seeks to relax that requirement by changing the language to reflect that the membership consist of qualified electors that have lived in Town for two years, rather than have been qualified electors for two years. This would be affirmed via a similar attestation to the current application. Once the ordinance becomes effective, future ADRB members would only need two years of residency and current voter registration status to be eligible to serve on the ADRB.

The change could result in an expanded applicant pool for the Architecture and Design Review Board through eased applicant criteria.

The ordinance was introduced unanimously (5-0) with further reading waived at the City Council meeting on November 12, 2024.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
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Agenda Staff Report - Hillsborough City Council
December 9, 2024

ATTACHMENTS: Ordinance and Exhibit A
PREPARED BY: Liz Ruess, Assistant Director of Building & Planning RECOMMENDATION: Adopt the ordinance entitled, "An Ordinance of the City Council of the Town of Hillsborough amending Section 2.12.010 of the Hillsborough Municipal Code to Reduce the Appointment Requirements for the Architecture and Design Review Board." -174-
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH, CALIFORNIA AMENDING SECTION 2.12.010 OF THE HILLSBOROUGH

MUNICIPAL CODE RELATING TO APPOINTMENT REQUIREMENTS FOR THE

ARCHITECTURE AND DESIGN REVIEW BOARD
WHEREAS, the Town of Hillsborough (“Town”) has a Council-appointed Architecture and Design Review Board; and
WHEREAS, the goal of the board is to encourage design that is responsive to the site, compatible with the surrounding neighborhood, in harmony with the natural environment, and in keeping with the character of the town; and
WHEREAS, the appointment requirements seek to include design professionals as well as residents-at-large; and
WHEREAS, the current requirements state that the appointees must be qualified electors from the town for two or more years; and
WHEREAS, the requirements are met by verifying their voter registration status and via attestation on the application; and
WHEREAS, the Town seeks to reduce the requirements for applicants for the Architecture and Design Review Board; and
WHEREAS, the changes would reflect that appointees be qualified electors that have lived in Town for two years, rather than have been qualified electors for two years.

NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH DOES ORDAIN AS FOLLOWS:

Section 1. Section 2.12.010 of Chapter 2.12 is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference, with all other remaining sections of Chapter

2.12 to remain.

Section 2. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).

Section 3. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective -175-
2 of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.

Section 3. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the Town of Hillsborough, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.
__________________________________
Mayor of the Town of Hillsborough
______________________________
Attest: City Clerk
ORDINANCE NO. ______ of the Town of Hillsborough introduced on November 12, 2024, and adopted on ___________, by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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EXHIBIT A
Chapter 2.12 ARCHITECTURE AND DESIGN REVIEW BOARD
Sections:

2.12.010 Appointment.

The architecture and design review board shall consist of five members, all of whom shall be (1) qualified electors from the town and (2) residents of the Town for two or more years and not otherwise serving the town in an elective or salaried capacity. The members shall be appointed by a process determined by the mayor (either appointment by the mayor or appointment by the council) and shall serve for a three-year term and until their successors are appointed. One or more alternate members of the architecture and design review board may also be appointed. No member shall be reappointed to the architecture and design review board if such appointment would result in that member's serving more than two consecutive full three-year terms; provided, however, that a member may remain for all or a portion of a third consecutive three-year term if so requested by the mayor, based on the mayor's good faith judgment that retention of the member is necessary for the effective functioning of the architecture and design review board. Appointment for a term of fewer than three years shall not prevent two additional full three-year terms. If a member leaves the board prior to the expiration of his or her term, a replacement to fill the remainder of the unexpired term shall be appointed as soon as possible.

The mayor shall appoint the chair of the board to a one-year term. (Ord. 673 § 1, 2007; Ord. 657 § 1, 2005; Ord. 654 § 3, 2004; Ord. 582 § 1, 1999; Ord. 545 § 1 (part), 1995) -177-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
8 PUBLIC HEARING

CITY COUNCIL MEETING
DECEMBER 9, 2024

AGENDA STAFF REPORT
ITEM SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE AMENDING CHAPTER

17.52 OF THE HILLSBOROUGH MUNICIPAL CODE REGARDING ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS 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: The proposed urgency ordinance will amend Chapter 17.52 of the Town of Hillsborough Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), which will take effect on January 1, 2025.

In recent years, the California Legislature has approved, and the Governor has signed into law, several 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 as summarized below.

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a local agency from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows a local agency to deny a permit to legalize if the agency makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the local agency from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.

SB 1211 amends this prohibition to now also prohibit a local agency from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).)
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Agenda Staff Report - Hillsborough City Council
December 9, 2024

Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the Town to ministerially approve qualifying buildingpermit applications for 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….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have – the limit remains at two. (See amended Gov.

Code, § 66323(a)(4).)
NEXT STEPS & RECOMMENDATION:

Both AB 2533 and SB 1211 take effect January 1, 2025. If the Town’s ADU ordinance does not comply with requirements of both bills by that date, the Town’s entire existing ADU ordinance becomes null and void as a matter of law, and the Town will have to allow ADUs with no regulation except for the few requirements in the state ADU law itself. The approval of ADUs and JADUs based solely on these 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.

The proposed ordinance 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 planning-agency recommendation, 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. But here it is necessary for the City Council to adopt this ordinance as an urgency measure because AB 2533 and SB 1211 will take effect on January 1, 2025, before a non-urgency adoption would take effect. The urgency ordinance will be followed at the earliest possible time by a non-urgency ordinance subject to all normal procedures.

For the above reasons, staffs recommends that the City Council adopt the proposed urgency ordinance, which will ensure that the Town’s ADU ordinance remains valid when AB 2533 and SB 1211 take effect on January 1, 2025.

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 -180-
Agenda Staff Report - Hillsborough City Council
December 9, 2024

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 ordinance is statutorily exempt from CEQA in that it implements state ADU law.

FISCAL IMPACT: No fiscal impact associated with the adoption of this urgency ordinance.

ATTACHMENTS:

1. Proposed Urgency Ordinance

2. Exhibt A (Redline Version)

3. Exhibit A (Clean Version)
PREPARED BY: Liz Ruess, Assistant Director of Building and Planning RECOMMENDATION: Waive full reading and adopt by title only an urgency ordinance entitled:
“An Urgency Ordinance Amending Chapter 17.52 of the Hillsborough Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units 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.”
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ORDINANCE NO. ____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH AMENDING CHAPTER 17.52 OF THE HILLSBOROUGH

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 Town of Hillsborough, California (“Town”) 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 January 1, 2025, and if the Town’s ADU ordinance does not comply with the requirements imposed by those bills by that date, the Town’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the Town 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, there is a current and immediate threat to the public health, safety, or welfare based on the passage of AB 2533 and SB 1211 because if the Town’s ordinance does not comply with this legislation by January 1, 2025 — and the Town’s ADU ordinance becomes null and void — the Town would thereafter be required 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).
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ATTACHMENT 1
2 NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF
HILLSBOROUGH 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. Chapter 17.52 of the Hillsborough 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 December 9, 2024.

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 1600 Floribunda Ave., Hillsborough, CA 94010.

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.
__________________________________
Mayor of the Town of Hillsborough
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3 ______________________________
Attest: City Clerk
URGENCY ORDINANCE NO. ____ of the Town of Hillsborough adopted on _______________ by the following vote of the City Council:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-184-

Chapter 17.52 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

17.52.010 Definitions.

As used in this chapter, terms are defined as follows:
"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. All references in this code to "second unit" refer to an ADU. 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. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"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. "Efficiency kitchen" means a kitchen that includes each 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.
"Junior accessory dwelling unit" or "JADU" means a residential unit that

1. Is no more than five hundred square feet in size,

2. 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. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single‐family structure,

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single‐family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. Includes an efficiency kitchen, as defined above.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"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.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
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EXHIBIT A - REDLINE

"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.
"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.
(Ord. No. 763, § 3(Exh. A), 1‐13‐2020; Ord. No. 768, § 3(Exh. A), 3‐8‐2021; Ord. No. 777, § 3(Exh. A), 12‐13‐2021; Ord. No. 787, 12‐12‐2022)

17.52.020 General provisions.

A. Purpose. The purpose of this chapter is to allow and regulate ADUs and JADUs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code Sections 65852.2 and 65852.22.

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

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

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

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

4. Required to correct a nonconforming zoning condition, as defined in Section 17.52.010. This does not prevent the town from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

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

1. Building‐permit Only. If an ADU or JADU complies with each of the general requirements in subsection D below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single‐family Lot: one ADU as described in this subsection C.1.a. and one JADU on a lot with a proposed or existing single‐family dwelling on it, where the ADU or JADU:
(1) Is either: within the space of a proposed single‐family dwelling; within the existing space of an existing single‐family dwelling; or within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress may utilize reduced ADU setbacks. An expansion for purposed other than accommodating ingress and egress must comply with applicable setbacks.
(2) Has exterior access that is independent of that for the single‐family dwelling. (3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(4) The JADU complies with the requirements of Government Code Section 65852.22. sections 66333 through 66339.
b. Limited Detached on Single‐family Lot: one detached, new‐construction ADU on a lot with a proposed or existing single‐family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a. above), if the detached ADU satisfies the following limitations:
(1) The side‐ and rear‐yard setbacks are at least four‐feet from the property line. (2) The total floor area is eight hundred square feet or smaller. -186-

(3) The peak height above grade does not exceed the applicable height limit in subsection E.6 below.
c. 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 C.1.c., at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty‐five percent of the existing multifamily dwelling units.
d. Limited Detached with Multifamily: no more than two detached ADUs on a lot with a that has an existing or proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies both of the following limitations:
(1) 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. (2) The peak height above grade does not exceed the applicable height limit provided in subsection E.6. below
(3) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. ADU Planning Permit.
a. Except as allowed under subsection C.1. (building permit only), no ADU may be created without an ADU planning permit and a building permit in compliance with the standards set forth in subsections D. (ADU and JADU requirements) and E. (ADU planning permit requirements), below. b. The town may charge a fee to reimburse it for costs incurred in processing ADU planning permits, including the costs of adopting or amending the town's ADU ordinance. The ADU planning permit processing fee is determined by the town council by resolution.

D. ADU and JADU Requirements. The following requirements apply to all ministerial ADUs and JADUs that are applied for under subsections C.1. (building permit only) or C.2. (ADU planning permit) above:

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

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

3. Rental.
a. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created. -187-

b. The renting of the primary dwelling, ADU, or JADU is not considered a business and is not subject to the provisions of Chapter 5.04.

4. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 65852.26 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 lot with multifamily).

5. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner‐occupancy requirement ADUs created under this section on or after January 1, 2020 are not subject to an owner‐occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner‐occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
bc. As required by state law, all JADUs are subject to an owner‐occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner‐occupancy requirement of this paragraph subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

6. Deed Restriction. Prior to issuance of a building permit 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 town. Evidence of recordation is not required for issuance of a building permit or ADU permit. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the town and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26 section 66341, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the ADU or JADU is entirely physically removed. The remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the town 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.

7. Income Rent Reporting. In order to facilitate the town's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2 66330, the following requirements must be satisfied:
a. With the building‐permit application, the applicant must provide the town with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within ninety days after each yearly anniversary of the issuance 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 town does not receive the report within the ninety‐day period, the owner is in violation of this code, and the town may send the owner a notice of violation and allow the -188-

owner another thirty days to submit the report. If the owner fails to submit the report within the thirty‐day period, the town may enforce this provision in accordance with applicable law. c. This requirement shall not be the basis for the delay or denial of an ADU application.

8. Notice of Construction.
a. At least thirty calendar days before starting any construction of an ADU, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction‐related complaints), and (5) Contact information for the town building division. b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.
c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. d. This requirement shall not be the basis for the delay or denial of an ADU application.

9. Building and Safety.
a. Must comply with building code. Subject to subparagraph 9.b. below, all ADUs and JADUs must comply with all local building and fire code requirements. b. No change of occupancy. Construction of an ADU does not constitute a group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official 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 E.9.b. 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.

10. Structures and Equipment within Setbacks. No structures or mechanical equipment may be located within the ADU setback area.

E. ADU Planning Permit Review Requirements. The following requirements apply only to ADUs that require an ADU planning permit as described under subsection C.2. above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection E is as follows:
(1) Eight hundred fifty square feet for a studio or one‐bedroom unit; and (2) One thousand square feet for an ADU that includes more than one bedroom with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling. -189-

c. Application of other development standards in this subsection E, 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 E.1.b above or of an FAR, front setback, lot coverage, andor open‐space requirement may require the ADU to be less than eight hundred square feet.

2. Floor Area Ratio (FAR). For each ADU that is subject to this subsection E, the total covered floor area of all dwellings and structures on the lot may not exceed twenty‐five percent of the net lot area for the first acre, plus fifteen percent of the net lot area over one acre, subject to subsection E.1.c. above. This percentage is known as the floor‐area ratio (FAR) and is calculated by dividing the total covered floor area (in square feet) by the net lot area (also in square feet).

3. Lot Coverage. Subject to subsection E.1.c. above, ADUs are subject to lot coverage limits. For purposes of this chapter, there are two types of residential lot coverage limits to which ADUs are subject together with the other dwelling and structures on the lot. These types are: structural coverage and hardscape coverage.
a. Structural Coverage.
(1) Structural coverage consists of areas of the lot covered by a dwelling, a garage, a carport, and any other accessory structure having a roof and more than one wall. (2) The maximum structural coverage of a lot is as follows:

Table 17.52.020‐1
Lot size (net lot area)   Maximum area of lot permitted to be covered Up to 17,500 sq. ft.   22 sq. ft. for each 100 sq. ft. or portion thereof of net lot area 17,500 up to 21,780 sq. ft.   3,850 sq. ft. plus 15 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 17,500 sq. ft.
21,780 up to 32,670 sq. ft.   4,495 sq. ft. plus 10 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 21,780 sq. ft.
32,670 through 43,560 sq. ft.   5,585 sq. ft. plus 6 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 32,670 sq. ft.

Over 43,560 sq. ft.   6,239 sq. ft. plus 5 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 43,560 sq. ft.
b. Hardscape.
(1) Hardscape coverage consists of areas of the lot located beneath a roof or covered by manufactured, non‐plant, pervious or impervious materials but does not include anything included in structural coverage.
(2) Examples include, but are not limited to: decking, a concrete slab or walkway, a gazebo with no walls (just a roof).
c. Subject to the provisions of subsection E.3.a. above, the combined total of structural plus hardscape coverage shall not exceed fifty percent of the net lot area; provided, however, that in any setback area adjacent to the street line, the combined total of structural plus hardscape coverage may not exceed forty percent of such area.

4. Minimum Open Space. No ADU subject to this subsection E. may cause the total percentage of open space of the lot to fall below fifty percent, subject to subsection E.1.c. above.

5. Notice of Limited Remaining Development Capacity. When five hundred or fewer square feet remain in the allowable floor area, a notice (prepared by the town) shall be recorded by the property owner to notify future owners that the square footage remaining for additional development of the property is -190-

minimal and that the building department should therefore be consulted as to whether any additional development is possible on the property.

6. Height.
a. Detached.
(1) Except as otherwise provided by subsections E.6.a.12. and E.6.a.23. below, a detached ADU created on a lot with an existing or proposed single‐family or multifamily dwelling unit may not exceed sixteen feet in height.
(2) A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single‐family dwelling unit that is located within one‐half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (3) The height of a detached ADU that is at least twenty feet from side and rear property lines, and at least twenty‐five feet from all public right‐of‐way may be up to twenty‐two feet in height, measured from existing grade, defined by subsection E.6.c. below. (4)    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. b. Attached. An ADU that is attached to the primary dwelling may not exceed twenty‐five feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.6.b. may not exceed two stories.
c. For purposes of this subsection E.6., height is measured above existing grade. "Existing grade" means the legally established grade that exists at the time that the application is submitted.

7. Setback.
a. Side and Rear. ADUs that are subject to this subsection E. must conform to minimum four‐foot side and rear setbacks.
b. Front. ADUs that are subject to this subsection E. must conform to twenty‐five‐foot front setbacks.
c. No setback is required for an ADU that is subject to this subsection E. if the ADU is constructed in the same location and to the same dimensions as an existing structure.

8. Passageway. No passageway, as defined by subsection H. above, is required for an ADU.

9. Parking.
a. 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 K. above. The town may restrict tandem parking or parking in setback areas in certain areas or throughout the town if the town finds that such parking configurations are not feasible based upon specific site or regional topographic or fire and life safety conditions.
b. Exceptions. No parking under subsection E.9.a. is required in the following situations:
(1) The ADU is located within one‐half mile walking distance of public transit, as defined in subsection J. above.
(2) The ADU is located within an architecturally and historically significant historic district. -191-

(3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a. above.
(4) When on‐street parking permits are required but not offered to the occupant of the ADU. (5) When there is an established car share vehicle stop located within one block of the ADU. (6) 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 E.9.b.1. through 5. above. c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off‐street parking spaces are not required to be replaced.

10. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, windows, and doors of the ADU must match the materials and colors of the exterior walls, roof, windows, and doors of the primary dwelling. b. The exterior lighting must be limited to down‐lights or as otherwise required by the building or fire code.
c. The ADU or JADU must have an independent exterior entrance, apart from that of the primary dwelling.
d. All second‐story windows and doors in an ADU that are less than thirty feet from a property line that is not a street line shall 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.
e. An ADU to be constructed on a lot that has an identified historical resource is subject to the ADU exception process.
f. Outdoor showers are not permitted within setback areas and shall not be visible from adjacent properties or the public right‐of‐way.

11. Landscape Requirements.
a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access, as determined by CCFD. b. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) At least one fifteen‐gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty‐four‐inch box size plant shall be provided for every ten linear feet of exterior wall. This paragraph dictates the minimum number of required plantings, not the particular placement of those plantings. (2) For a ground‐level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground‐level ADU, a solid fence of at least six feet in height may be installed.
(3) For a second‐story ADU, plant specimens must be at least twelve feet tall when installed.

12. Roof Decks. Roof decks are prohibited on any ADU.

13. Notice of Application.
a. Within three business days of submitting an application for an ADU under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent -192-

residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) Notice that an ADU planning permit application has been submitted; (2) The anticipated start and end dates for construction; (3) Contact information for the town planning division; and (4) Contact information for the property owner.
b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.
c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

F. Impact Fees.

1. No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this subsection F.1., "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 seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

G. Process and Timing.

1. Building permit only and ADU planning permit applications are considered and approved ministerially, without discretionary review or a hearing.

2. The town must act on an shall approve or deny the application to create an ADU or JADU within sixty days from the date that the town deems an application complete. If the town does not act upon the completed application within sixty days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the sixty‐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 town may delay acting on the permit application for the ADU or JADU until the town 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 town 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 sixty‐day time period established by subsection G.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.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. -193-

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(1) The ADU violates applicable building standards, or
(2) The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.52).
b. Exceptions:
(1) Notwithstanding subsection H.2.a. above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(2) Subsection H.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. No. 763, § 3(Exh. A), 1‐13‐2020; Ord. No. 768, § 3(Exh. A), 3‐8‐2021; Ord. No. 775, § 3, 11‐22‐2021; Ord. No. 777, § 3(Exh. A), 12‐13‐2021; Ord. No. 778, § 3, 12‐13‐2021; Ord. No. 787, 12‐12‐2022)

17.52.030 Nonconforming domestic units.

A. All detached domestic units existing as of January 10, 1983, are nonconforming structures. (The term "detached domestic units" means living quarters designed, capable of being used, or intended to be used to house household help, such quarters being not structurally attached to the single‐family dwelling served by the household help.) All alterations to or remodeling of nonconforming detached domestic units shall be confined to the interior of such structures; exterior improvements shall be limited to normal upkeep and repair and to such improvements as do not enlarge or alter the existing outside dimensions of the structure.

B. Notwithstanding the foregoing, in the event that a natural disaster (such as fire, earthquake, flood, landslide, etc.) damages or destroys a nonconforming detached domestic unit, the same may be reconstructed to the same or smaller outside dimensions as those of the damaged or destroyed structure.

C. Notwithstanding the foregoing, an existing detached domestic unit that is converted to an ADU may be enlarged to a maximum floor area of one thousand four hundred square feet subject to the requirements of Section 17.52.020.
(Ord. No. 763, § 3(Exh. A), 1‐13‐2020; Ord. No. 768, § 3(Exh. A), 3‐8‐2021; Ord. No. 777, § 3(Exh. A), 12‐13‐2021; Ord. No. 787, 12‐12‐2022)

17.52.040 Conversion of existing residential space.

Recognizing that there may be a considerable existing stock of potential ADUs in the town and that this stock represents a valuable housing resource for the community, the town wishes to encourage property owners to take advantage of this ADU ordinance. Accordingly, any property owner may apply to the town without penalty or fee for the purpose of converting existing residential space (such as guest suites, guest quarters, pool houses, carriage houses, domestic quarters, etc.) into an ADU in accordance with the provisions and requirements of this chapter. -194-

(Ord. No. 763, § 3(Exh. A), 1‐13‐2020; Ord. No. 768, § 3(Exh. A), 3‐8‐2021; Ord. No. 777, § 3(Exh. A), 12‐13‐2021; Ord. No. 787, 12‐12‐2022)

17.52.050 ADU exception review.

A. An ADU or JADU that does not comply with every applicable standard in Section 17.52.020 may nevertheless be permitted by the director of building and planning, or the director's designee, at the director's or designee's discretion if the ADU or JADU undergoes the design review process set forth in Chapter 2.12 of this code (ADU exemption). An ADU or JADU that does not comply with all the standards in Section 17.52.020 is considered a "type B project" under Section 2.12.070.A.

B. Findings Required. The following findings shall be made in in advance of any approval of an ADU Exception:

1. The project is consistent with the town general plan;

2. The project is consistent with this code, including the town zoning ordinance;

3. The project is consistent with the town residential design guidelines;

4. The project is consistent with all other town land use policies and plans;

5. The project has undergone the design review process outlined in Chapter 2.12 of this code;

6. The project has been publicly noticed as a "type B" project under Section 2.12.070.A of this code;

7. The project does not constitute a risk to the welfare of the town and its residents;

8. The project does not constitute a risk to the health and safety of the town and its residents.

An ADU that complies with all the standards in Section 17.52.020 is approved ministerially in accordance with that section, as indicated by subsection 2.12.070(A)(2)(c)(ix). (Ord. No. 763, § 3(Exh. A), 1‐13‐2020; Ord. No. 768, § 3(Exh. A), 3‐8‐2021; Ord. No. 777, § 3(Exh. A), 12‐13‐2021; Ord. No. 787, 12‐12‐2022)
-195-

Chapter 17.52 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

17.52.010 Definitions.

As used in this chapter, terms are defined as follows:
"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. All references in this code to "second unit" refer to an ADU. 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. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"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. "Efficiency kitchen" means a kitchen that includes each 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.
"Junior accessory dwelling unit" or "JADU" means a residential unit that

1. Is no more than five hundred square feet in size,

2. 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 singlefamily structure,

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

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. Includes an efficiency kitchen, as defined above.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"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.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
-196-

EXHIBIT A - CLEAN

"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.
"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.
(Ord. No. 763, § 3(Exh. A), 1-13-2020; Ord. No. 768, § 3(Exh. A), 3-8-2021; Ord. No. 777, § 3(Exh. A), 12-13-2021; Ord. No. 787, 12-12-2022)

17.52.020 General provisions.

A. Purpose. The purpose of this chapter is to allow and regulate ADUs and JADUs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

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

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

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

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

4. Required to correct a nonconforming zoning condition, as defined in Section 17.52.010. This does not prevent the town from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

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

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection D below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: one ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress may utilize reduced ADU setbacks. An expansion for purposed other than accommodating ingress and egress must comply with applicable setbacks.
(2) Has exterior access that is independent of that for the single-family dwelling. (3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(4) The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Single-family Lot: one detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a. above), if the detached ADU satisfies the following limitations:
(1) The side- and rear-yard setbacks are at least four-feet from the property line. (2) The total floor area is eight hundred square feet or smaller. -197-

(3) The peak height above grade does not exceed the applicable height limit in subsection E.6 below.
c. 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 C.1.c., at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.
d. Limited Detached 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 both of the following limitations:
(1) 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. (2) The peak height above grade does not exceed the applicable height limit provided in subsection E.6. below
(3) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. ADU Planning Permit.
a. Except as allowed under subsection C.1. (building permit only), no ADU may be created without an ADU planning permit and a building permit in compliance with the standards set forth in subsections D. (ADU and JADU requirements) and E. (ADU planning permit requirements), below. b. The town may charge a fee to reimburse it for costs incurred in processing ADU planning permits, including the costs of adopting or amending the town's ADU ordinance. The ADU planning permit processing fee is determined by the town council by resolution.

D. ADU and JADU Requirements. The following requirements apply to all ministerial ADUs and JADUs that are applied for under subsections C.1. (building permit only) or C.2. (ADU planning permit) above:

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

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

3. Rental.
a. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created. -198-

b. The renting of the primary dwelling, ADU, or JADU is not considered a business and is not subject to the provisions of Chapter 5.04.

4. 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 lot with multifamily).

5. Owner Occupancy.
a. ADUs created under this section on or after January 1, 2020 are not subject to an owneroccupancy requirement. b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

6. 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 town. Evidence of recordation is not required for issuance of a building permit or ADU permit. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the town and must provide that:
a. Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the ADU or JADU is entirely physically removed. The remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the town 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.

7. Rent Reporting. In order to facilitate the town's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the town with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within ninety 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 town does not receive the report within the ninety-day period, the owner is in violation of this code, and the town may send the owner a notice of violation and allow the owner another thirty days to submit the report. If the owner fails to submit the report within the thirty-day period, the town may enforce this provision in accordance with applicable law. c. This requirement shall not be the basis for the delay or denial of an ADU application.

8. Notice of Construction.
-199-

a. At least thirty calendar days before starting any construction of an ADU, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for construction-related complaints), and (5) Contact information for the town building division. b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.
c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. d. This requirement shall not be the basis for the delay or denial of an ADU application.

9. Building and Safety.
a. Must comply with building code. Subject to subparagraph 9.b. below, all ADUs and JADUs must comply with all local building and fire code requirements. b. No change of occupancy. Construction of an ADU does not constitute a group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official 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 E.9.b. 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.

10. Structures and Equipment within Setbacks. No structures or mechanical equipment may be located within the ADU setback area.

E. ADU Planning Permit Review Requirements. The following requirements apply only to ADUs that require an ADU planning permit as described under subsection C.2. above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection E is as follows:
(1) Eight hundred fifty square feet for a studio or one-bedroom unit; and (2) One thousand square feet for an ADU with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection E, 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 E.1.b above or of an FAR, front setback, lot coverage, and open-space requirement may require the ADU to be less than eight hundred square feet.

2. Floor Area Ratio (FAR). For each ADU that is subject to this subsection E, the total covered floor area of all dwellings and structures on the lot may not exceed twenty-five percent of the net lot area for the first acre, plus fifteen percent of the net lot area over one acre, subject to subsection E.1.c. above. This -200-

percentage is known as the floor-area ratio (FAR) and is calculated by dividing the total covered floor area (in square feet) by the net lot area (also in square feet).

3. Lot Coverage. Subject to subsection E.1.c. above, ADUs are subject to lot coverage limits. For purposes of this chapter, there are two types of residential lot coverage limits to which ADUs are subject together with the other dwelling and structures on the lot. These types are: structural coverage and hardscape coverage.
a. Structural Coverage.
(1) Structural coverage consists of areas of the lot covered by a dwelling, a garage, a carport, and any other accessory structure having a roof and more than one wall. (2) The maximum structural coverage of a lot is as follows:

Table 17.52.020-1
Lot size (net lot area) Maximum area of lot permitted to be covered Up to 17,500 sq. ft. 22 sq. ft. for each 100 sq. ft. or portion thereof of net lot area 17,500 up to 21,780 sq. ft. 3,850 sq. ft. plus 15 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 17,500 sq. ft.
21,780 up to 32,670 sq. ft. 4,495 sq. ft. plus 10 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 21,780 sq. ft.
32,670 through 43,560 sq. ft. 5,585 sq. ft. plus 6 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 32,670 sq. ft.

Over 43,560 sq. ft. 6,239 sq. ft. plus 5 sq. ft. for each 100 sq. ft. or portion thereof of net lot area in excess of 43,560 sq. ft.
b. Hardscape.
(1) Hardscape coverage consists of areas of the lot located beneath a roof or covered by manufactured, non-plant, pervious or impervious materials but does not include anything included in structural coverage.
(2) Examples include, but are not limited to: decking, a concrete slab or walkway, a gazebo with no walls (just a roof).
c. Subject to the provisions of subsection E.3.a. above, the combined total of structural plus hardscape coverage shall not exceed fifty percent of the net lot area; provided, however, that in any setback area adjacent to the street line, the combined total of structural plus hardscape coverage may not exceed forty percent of such area.

4. Minimum Open Space. No ADU subject to this subsection E. may cause the total percentage of open space of the lot to fall below fifty percent, subject to subsection E.1.c. above.

5. Notice of Limited Remaining Development Capacity. When five hundred or fewer square feet remain in the allowable floor area, a notice (prepared by the town) shall be recorded by the property owner to notify future owners that the square footage remaining for additional development of the property is minimal and that the building department should therefore be consulted as to whether any additional development is possible on the property.

6. Height.
a. Detached.
(1) Except as otherwise provided by subsections E.6.a.2. and E.6.a.3. below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen feet in height.
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(2) A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (3) The height of a detached ADU that is at least twenty feet from side and rear property lines, and at least twenty-five feet from all public right-of-way may be up to twenty-two feet in height, measured from existing grade, defined by subsection E.6.c. below. (4) 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. b. Attached. An ADU that is attached to the primary dwelling may not exceed twenty-five feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.6.b. may not exceed two stories.
c. For purposes of this subsection E.6., height is measured above existing grade. "Existing grade" means the legally established grade that exists at the time that the application is submitted.

7. Setback.
a. Side and Rear. ADUs that are subject to this subsection E. must conform to minimum four-foot side and rear setbacks.
b. Front. ADUs that are subject to this subsection E. must conform to twenty-five-foot front setbacks.
c. No setback is required for an ADU that is subject to this subsection E. if the ADU is constructed in the same location and to the same dimensions as an existing structure.

8. Passageway. No passageway, as defined by subsection H. above, is required for an ADU.

9. Parking.
a. 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 K. above. The town may restrict tandem parking or parking in setback areas in certain areas or throughout the town if the town finds that such parking configurations are not feasible based upon specific site or regional topographic or fire and life safety conditions.
b. Exceptions. No parking under subsection E.9.a. is required in the following situations:
(1) The ADU is located within one-half mile walking distance of public transit, as defined in subsection J. above.
(2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a. above.
(4) When on-street parking permits are required but not offered to the occupant of the ADU. (5) When there is an established car share vehicle stop located within one block of the ADU. (6) 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 E.9.b.1. through 5. above. -202-

c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

10. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, windows, and doors of the ADU must match the materials and colors of the exterior walls, roof, windows, and doors of the primary dwelling. b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c. The ADU or JADU must have an independent exterior entrance, apart from that of the primary dwelling.
d. All second-story windows and doors in an ADU that are less than thirty feet from a property line that is not a street line shall 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.
e. An ADU to be constructed on a lot that has an identified historical resource is subject to the ADU exception process.
f. Outdoor showers are not permitted within setback areas and shall not be visible from adjacent properties or the public right-of-way.

11. Landscape Requirements.
a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access, as determined by CCFD. b. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) At least one fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall. This paragraph dictates the minimum number of required plantings, not the particular placement of those plantings. (2) For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground-level ADU, a solid fence of at least six feet in height may be installed.
(3) For a second-story ADU, plant specimens must be at least twelve feet tall when installed.

12. Roof Decks. Roof decks are prohibited on any ADU.

13. Notice of Application.
a. Within three business days of submitting an application for an ADU under this section, the property owner shall mail written notice to all the owners of record of each of the adjacent residential parcels, utilizing the mail notice template provided by the town, which shall include the following information:
(1) Notice that an ADU planning permit application has been submitted; (2) The anticipated start and end dates for construction; (3) Contact information for the town planning division; and (4) Contact information for the property owner.
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b. Within one business day of completion of mailing, the property owner shall submit to the building division a completed and signed affidavit of mailing, utilizing the affidavit of mailing template provided by the town.
c. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

F. Impact Fees.

1. No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this subsection F.1., "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 seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

G. Process and Timing.

1. Building permit only and ADU planning permit applications are considered and approved ministerially, without discretionary review or a hearing.

2. The town shall approve or deny the application to create an ADU or JADU within sixty days from the date that the town deems an application complete. If the town does not act upon the completed application within sixty days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the sixty-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 town may delay acting on the permit application for the ADU or JADU until the town 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 town 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 sixty-day time period established by subsection G.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.

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

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
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(1) The ADU violates applicable building standards, or
(2) The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.52).
b. Exceptions:
(1) Notwithstanding subsection H.2.a. above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(2) Subsection H.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. No. 763, § 3(Exh. A), 1-13-2020; Ord. No. 768, § 3(Exh. A), 3-8-2021; Ord. No. 775, § 3, 11-22-2021; Ord. No. 777, § 3(Exh. A), 12-13-2021; Ord. No. 778, § 3, 12-13-2021; Ord. No. 787, 12-12-2022)

17.52.030 Nonconforming domestic units.

A. All detached domestic units existing as of January 10, 1983, are nonconforming structures. (The term "detached domestic units" means living quarters designed, capable of being used, or intended to be used to house household help, such quarters being not structurally attached to the single-family dwelling served by the household help.) All alterations to or remodeling of nonconforming detached domestic units shall be confined to the interior of such structures; exterior improvements shall be limited to normal upkeep and repair and to such improvements as do not enlarge or alter the existing outside dimensions of the structure.

B. Notwithstanding the foregoing, in the event that a natural disaster (such as fire, earthquake, flood, landslide, etc.) damages or destroys a nonconforming detached domestic unit, the same may be reconstructed to the same or smaller outside dimensions as those of the damaged or destroyed structure.

C. Notwithstanding the foregoing, an existing detached domestic unit that is converted to an ADU may be enlarged to a maximum floor area of one thousand four hundred square feet subject to the requirements of Section 17.52.020.
(Ord. No. 763, § 3(Exh. A), 1-13-2020; Ord. No. 768, § 3(Exh. A), 3-8-2021; Ord. No. 777, § 3(Exh. A), 12-13-2021; Ord. No. 787, 12-12-2022)

17.52.040 Conversion of existing residential space.

Recognizing that there may be a considerable existing stock of potential ADUs in the town and that this stock represents a valuable housing resource for the community, the town wishes to encourage property owners to take advantage of this ADU ordinance. Accordingly, any property owner may apply to the town without penalty or fee for the purpose of converting existing residential space (such as guest suites, guest quarters, pool houses, carriage houses, domestic quarters, etc.) into an ADU in accordance with the provisions and requirements of this chapter. (Ord. No. 763, § 3(Exh. A), 1-13-2020; Ord. No. 768, § 3(Exh. A), 3-8-2021; Ord. No. 777, § 3(Exh. A), 12-13-2021; Ord. No. 787, 12-12-2022)

17.52.050 ADU exception review.

A. An ADU or JADU that does not comply with every applicable standard in Section 17.52.020 may nevertheless be permitted by the director of building and planning, or the director's designee, at the director's or designee's discretion if the ADU or JADU undergoes the design review process set forth in Chapter 2.12 of -205-

this code (ADU exemption). An ADU or JADU that does not comply with all the standards in Section 17.52.020 is considered a "type B project" under Section 2.12.070.A.

B. Findings Required. The following findings shall be made in in advance of any approval of an ADU Exception:

1. The project is consistent with the town general plan;

2. The project is consistent with this code, including the town zoning ordinance;

3. The project is consistent with the town residential design guidelines;

4. The project is consistent with all other town land use policies and plans;

5. The project has undergone the design review process outlined in Chapter 2.12 of this code;

6. The project has been publicly noticed as a "type B" project under Section 2.12.070.A of this code;

7. The project does not constitute a risk to the welfare of the town and its residents;

8. The project does not constitute a risk to the health and safety of the town and its residents.

An ADU that complies with all the standards in Section 17.52.020 is approved ministerially in accordance with that section, as indicated by subsection 2.12.070(A)(2)(c)(ix). (Ord. No. 763, § 3(Exh. A), 1-13-2020; Ord. No. 768, § 3(Exh. A), 3-8-2021; Ord. No. 777, § 3(Exh. A), 12-13-2021; Ord. No. 787, 12-12-2022)
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