1 EXHIBIT A
§ 9.09.130 Accessory dwelling units (ADUs).
A. Purpose and Intent. The purpose of these standards is to ensure:
1. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined herein, are a permitted accessory use. This section establishes standards for the construction and occupancy of ADUs and JADUs. The standards herein serve to e nsure ADUs and JADUs are constructed in a manner that is consistent with the requirements and allowances of state law and contribute to a suitable living environment for all.
2. General Plan Consistency. ADUs and JADUs are a residential use consistent with the existing general plan and zoning designation. This section furthers the goals, objectives, and policies of the General Plan Housing Element.
3. Applicability. Under state law, the city must allow for ADUs and JADUs. A local homeowner’s association cannot prohibit the construction of an ADU or a JADU. This section addresses all requirements of state law regarding ADUs.
B. Approval Authority. Approval of an ADU or JADU within a residential, mixed -use zone, multiple-family, or specific plan zone allowing residential or mixed use is considered a ministerial action, and the approval authority is the community developme nt director. Approval of an accessory dwelling unit is subject to all applicable requirements established within this section, as well as all building, fire, engineering, flood, water quality, environmental codes, standards, and permitting fees established by the city.
C. Application and Processing.
1. Applications for ADUs that meet all the requirements of this section shall be ministerial and reviewed and processed with a building permit, subject to conditions of ap proval. Applicants seeking to develop ADUs have two primary pathways for compliance, as outlined below. These pathways may be combined.
a. Local Development and Design Standards: This option follows the City of Moreno Valley's local development standards, as permitted under California Government Code 66314 to 66322.
Applicants choosing this path must adhere to the city's established regulations and requirements. b. By-Right Accessory Dwelling Unit Development Standards: This alternative provides a by- right development option in alignment with California Government Code Section 66323, allowing for a streamlined approval process exempt from many of the City of Moren o Valley’s local standards.
Table 1: Types of Accessory Dwelling Units (ADUs)
Local Development Standards By- Right ADU Development Standards
Primary
Dwelling Type
Single-Family or Multiple-Family
Dwelling
Single-Family Multiple-Family
Dwelling
2 Number of
ADUs
Allowed Per Lot
2 ADUs with
1 ADU (either Attached,
Detached, or Conversion)
+
1 JADU
3 ADUs, which must be
a combination of the
following:
1 Conversion
+
1 JADU
+
1 Detached ADU
At least 3 ADUs
With a proposed
multiple-family
dwelling:
Up to two
detached ADUs
With an existing
multiple-family
dwelling*:
Up to eight
detached ADUs
+
1 Attached ADU or
up to 25% of
existing units by
the conversion of
existing non-
habitable space
* ADUs cannot exceed the number of existing primary dwelling units on the lot.
2. Applications for multiple-family ADUs consistent with this section: Applications for multiple- family ADUs, either detached or within an existing permitted structure or dwelling, shall be made to the community development department and shall be pe rmitted ministerially with approval of both an administrative plot plan and building permit. The administrative plot plan will include all the items in subsection (C)(3) below.
3. With regard to evaluating whether the ADU meets the standards of this section, the building permit application or administrative plot plan application, as applicable, shall include the following:
a. A detailed description and scaled, dimensioned floor plan of the proposed ADU, clearly illustrating the bedroom(s), bathroom(s), kitchen, and other features or other proposed habitable areas;
b. A detailed description and scaled, dimensioned elevation of the proposed ADU, clearly illustrating the exterior entrance of the ADU;
c. A scaled, dimensioned site plan of the property clearly illustrating the location of all improvements on site (existing primary residence, garage, driveway(s), fences/walls, accessory structures, public right-of-way improvements, etc.) and where the ADU shall be located; d. The scaled, dimensioned site plan of the property shall note the use(s) of all buildings existing on the site.
4. Applications to create an ADU or JADU shall be approved or denied within 60 days from the date the permitting agency receives a completed application if there is an existing single - 3 family or multifamily dwelling on the lot. If the permit 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, there will be a delay in approving or denying the permit application for the ADU or JADU until the City approves or denies the permit application to create a new single-family or multifamily dwelling on the lot. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
5. The City shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after an ADU or JADU application is submitted.
6. If any ADU or JADU application is denied, the applicant will receive a full set of comments listing the specific items that are defective or deficient, along with a description on how the application can be remedied by the applicant pursuant to Cal ifornia Government Code Section 66317.
7. If the property on which the ADU or JADU is proposed is served by a septic system, the applicant must verify with the Riverside County Environmental Health Department that the system can adequately support an ADU or JADU prior to submitting an application to the City of Moreno Valley.
D. Development Standards and Requirements. Accessory dwelling units shall comply with the following development standards as described below and as shown in Tables 1 and 2:
1. Permitted ADUs. An ADU is permitted if the lot is zoned for single -family, multifamily use, or mixed use that allows for residential use, and it contains an existing single-family or multifamily structure. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. Additionally, an ADU or JADU is allowed within the proposed space of a single-family dwelling, or the existing space of a single- family dwelling, or an accessory structure.
a. Existing Single -Family Structure/Primary Dwelling Unit. For an existing single -family structure, one ADU and one JADU are permitted. An ADU may be detached or attached. A JADU must be contained within the space of an existing single-family structure.
For an existing single -family structure, a homeowner who meets the specified requirements of Government Code Section 66323 (66323 Units) may create three ADUs on one lot using the By- Right Accessory Dwelling Unit Development Standards.
b. Existing Multifamily Structure. Within an existing multifamily structure, up to 8 detached ADUs are allowed on a lot, provided that the number of ADUs does not exceed the number of existing units on the lot. At least one (but no more than 25% of the number of existing units) attached ADU can be created from the conversion of existing non -habitable space. These units must also meet the By-Right Accessory Dwelling Unit Development Standards (Section 66323). c. Proposed Multifamily Structure. Up to 2 detached ADUs on a lot. These units must also meet the By-Right Accessory Dwelling Unit Development Standards (Section 66323). d. Accessory Structure Conversion. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
Additionally, an ADU is allowed within the proposed space of a single -family dwelling, or the 4 existing space of a single-family dwelling, or an accessory structure. A JADU is allowed within the proposed space of a single-family dwelling or the existing space of a single-family dwelling.
2. Lot Size. No minimum lot size is required if the ADU meets the setbacks described in this section.
3. ADU Size.
a. Minimum. The minimum unit size for a JADU per state law is one hundred fifty (150) square feet. There is no minimum unit size for other ADU structures, provided that the ADU is in compliance with state laws, including building, health, and safety codes. b. Maximum. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Gov. Code, § 66323, subd. (a)(1).)
c. Detached ADUs. The maximum unit size shall be one thousand (1000) square feet, unless located on the same parcel as a multifamily structure, in which case there is no maximum unit size. The conversion of an existing accessory structure or a portion of the existing primar y residence to an ADU is not subject to unit size requirements. d. Attached ADUs. If there is an existing single-family dwelling on the site, the attached ADU shall be no larger in size than eight hundred fifty (850) square feet for an efficiency or one bedroom, and no larger than one thousand (1,000) square feet for two or more bedrooms. For multifamily, there is no maximum unit size.
4. Setbacks.
a. Front Setbacks. ADUs shall comply with the front setback requirement of the underlying zone. The front setback does not apply to an internal ADU, JADU, or ADUs under By -Right Accessory Dwelling Unit Development Standards (Section 66323). b. Side and Rear Yard Setbacks. Setbacks for ADUs are summarized in Tables 1 and 2.
Setbacks would generally not apply to JADUs or internal ADUs entirely contained within an existing dwelling unit; however, if constructed in conjunction with a new si ngle-family residence, then the setbacks for the underlying zone would apply. Setbacks would not apply to an existing accessory building converted into an ADU.
c. If constructed in conjunction with a single-family residence, the street-side setbacks for the underlying zone would apply. The street -side setback requirement is not applicable to a JADU, an attached ADU entirely contained within an existing dwe lling unit, or an attached ADU which may be constructed at a setback equal to that of the primary dwelling, but no less than four feet.
5. Distance Between Structures. The standard for distance between structures of the underlying residential zone will apply where feasible, but if necessary, will be adjusted to accommodate an ADU that is eight hundred (800) square feet or less, sixteen (16) feet in height, and with rear and side setbacks of no less than four feet. Any accommodation for the distance between structures will need to be evaluated for consistency with building codes for protection of public safety and approved by the community development director or designee.
6. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall include a kitchen and bathroom.
E. Design Requirements for Accessory Dwelling Units - Local Development Standards
1. The entrance to an attached ADU shall be separate from the entrance to the primary dwelling unit.
5 2. When a garage is converted into an ADU, a landscaped area with a depth of at least two feet shall be provided for the area adjacent to the garage door.
3. Plans shall demonstrate an unobstructed passageway extending from a street to one entrance of the ADU.
4. ADUs, when converted from existing accessory buildings, are permitted without additional restrictions provided the structure has independent exterior access and side and rear setbacks sufficient for fire safety, provided that no more than one hundred fifty (150) square feet is added for ingress/egress, subject to the requirements of state law.
5. Outside stairways serving ADUs should not be located on any building elevation facing a public street.
Table 1: Accessory Dwelling Units - Local Development Standards Local
Development
Standards
Requirements
Detached
ADUs
Attached
ADUs
Interior
ADUs
Lot Coverage The same standard as for the property (1)
Open Space Shall not reduce the open space as required as for the property (1)
Maximum Size 1,000 SF 50% of the
existing
primary
dwelling (2)
N/A
Maximum Height 20 feet The same standard as for the
property
Minimum Living Area 150 SF
Property Line
Setbacks
Front The same standard as for the property (3)
Rear 4 feet
Interior/Street
Side
4 feet
Separation from
Primary
Dwelling Unit (1)
If located in
front of/behind
the primary
dwelling unit
10 feet
If located to the
side of the
primary
dwelling unit
5 feet
Separation from
Accessory
Structure(s)
If located in
front of/behind
the primary
dwelling unit
10 feet
If located to the
side of the
5 feet
6 primary
dwelling unit
Exceptions:
(1) Standards do not apply to an ADU eight hundred (800) square feet or smaller with four - foot side and rear setbacks.
(2) Attached ADUs shall not exceed fifty percent (50%) of the floor area of the existing primary dwelling. However, notwithstanding this maximum, a minimum living area of one thousand (1,000) square feet shall be permitted.
(3) An ADU up to eight hundred (800) square feet with a with four-foot side and rear setbacks may encroach into the front yard setback area when there is no other unimproved location on the property with dimensions and physical area equal to or larger than the proposed ADU, taking into account the exceptions to minimum required private open space and minimum building separation distances, as provided for by Note #1.
Table 2: Accessory Dwelling Units – By-Rights Development Standards By-Right
Development
Standards
Single-Family Properties Multifamily Properties
Interior/Conversion New
Detached
Interior/Conversion New Detached
Maximum
Number
1 1 8 not to
exceed the
number of
primary
dwelling units
Maximum Size N/A 800 SF N/A N/A
Maximum
Height
The same
standard as for the
property
20 feet The same
standard as for the
property
20 feet
Setbacks
Front The same
standard as for the
property
N/A The same
standard as for the
property
N/A
Side 4 feet 4 feet
Rear 4 feet 4 feet
Separation
from other
Buildings
The same
standard as for the
property
N/A The same
standard as for the
property
N/A
F. Parking Requirements for Accessory Dwelling Units - Local Development Standards
1. Parking requirements, consistent with Chapter 9.11 of this title:
a. Unless the JADU or ADU is exempt from parking requirements as described in subsection (F)(2), one parking space is required per accessory dwelling unit or per bedroom of an accessory dwelling unit, whichever is less, and may be provided through ta ndem parking on a driveway unless specific findings are made that parking in setback areas or tandem parking is not feasible 7 based upon specific site or regional topographical or fire and life safety conditions. b. Parking is allowed in rear and side setback areas, and in a paved driveway in the front setback area if parking in the rear and side setback areas is not possible, provided that all other development standards are satisfied, including minimum front yard landscaping standards. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces will not be required to be replaced.
d. No replacement parking when an uncovered parking space is demolished for or replaced with an ADU.
2. Parking Exemptions. Additional parking spaces are not required for ADUs, nor for JADUs in any of the instances listed in subsections (F)(2)(a) through (e) below. Further, JADUs within the living area of the primary dwelling unit are exempt from al l parking requirements, but the standards in subsection (F)(1) would apply if a garage is converted to a JADU. a. The ADU is located within one-half mile of a public transportation stop along a prescribed route according to a fixed schedule; or
b. The ADU is located within one block of a car share parking spot; or c. The ADU is located in a historic district listed in or formally determined eligible for listing in the National Register of Historic Places and the California Register of Historical Resources or as a city historic preservation overlay zone; or
d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. The accessory dwelling unit is part of the existing dwelling unit or an existing accessory structure.
G. JADU Requirements. As specified in state law, specific requirements apply only to junior accessory dwelling units. The development standards for JADUs are summarized in Table 2. The standards and requirements for JADUs are as follows:
1. JADUs must be constructed entirely within the walls of the primary structure and have their own entrance.
2. The JADU cannot exceed five hundred (500) square feet of interior livable space.
3. JADUs are limited to one per residential lot if a single -family residence is already constructed on a lot.
4. The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence.
5. The owner shall execute a covenant and agreement in a form acceptable to the city to document that either the primary dwelling unit or the accessory dwelling unit will be owner - occupied if the JADU shares sanitation facilities with the existing structure. If the property owner is a governmental agency, land trust, or housing organization, or the JADU has its own sanitation facilities, then owner occupancy cannot be required.
6. The JADU must include a cooking facility with appliances (Government Code section 66333, subdivision (f)(1)).
7. The JADU may share a bath with the primary residence or may have its own bath.
8. An interior entry into the single -family residence is not required, unless JADU shares a 8 bathroom with the primary dwelling. In this instance, the JADU is required to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.
9. The JADU is to be considered part of the single -family residence for purposes of fire and life protection ordinances and regulations, such as sprinklers and smoke alarms.
10. Additional parking may only be required if a garage is converted into a JADU as described in subsection F above.
11. Water, sewer, and power connection fees may not be required.
H. Fees. ADUs shall be subject to all development fees specified by city ordinances or resolutions for ADUs. Impact fees may not be imposed on JADUs and ADUs smaller than seven hundred fifty (750) square feet. For ADUs greater than seven hundred fifty (750) square feet, local agencies must assess an impact fee that correlates to square footage of primary residence. ADUs shall not be considered new residential uses for purpose of calculating utility connection fees or capacity charges, including water or sewer service.
I. Enforcement. Upon application and approval, the city must delay enforcement against a qualifying substandard ADU for five years to allow the owner to address the violation, so long as the violation is not a health and safety issue, as determined by the community development department.
J. ADUs may be sold or otherwise conveyed separately from the primary dwelling if it is owned by a qualified nonprofit corporation whose mission is to provide units to low -income households and that they complete a deed-restricted sale consistent with state law (Government Code Section 66341).
K. ADUs may be sold or otherwise conveyed separately from the primary residence as a condominium pursuant to Section 66341.
L. An accessory dwelling unit created pursuant to this municipal code section shall only be rented for a period of longer than thirty (30) days as specified in state law.
M. U npermitted ADUs or JADUs (Section 66332 of the Government Code - AB 2533).
Notwithstanding any other law, a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
1. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
2. The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
3. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
4. Homeowners, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.
5. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.
9 6. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City of Moreno Valley may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.
N. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Livable space” means only spaces intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Multifamily buildings can convert non -livable space to ADUs, which will allow spaces such as laundry rooms and community rooms to be converted to ADUs.
“Multifamily Dwelling” means, for the purposes of State ADU Law, a structure with two or more attached dwellings on a single lot. Multiple detached single -family dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law. “Passageway” means a pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the accessory dwelling unit.
§ 9.17.080 Multifamily residential development.
A. Front, side, and rear yard setback areas adjacent to streets shall be suitably landscaped and continuously maintained in accordance with the City of Moreno Valley Objective Design Standards for Multiple-Family and Mixed -Use Residential Developments and Cha pter 9.17 (Landscaping and Water Efficiency Requirements), except that Sections 9.17.050 (Parking and Drive-Through Landscape Areas), 9.17.070 (Single -Family Residential Development), and 9.17.090 (Commercial, Industrial, Public, and Quasi-Public Development) shall not apply.
B. Landscape areas shall consist predominately of plant materials, except for necessary walks and fences/walls. The use of permeable surfaces is recommended for walks and patios to reduce water run-off.
C. Trees shall be positioned such that trees are planted to shade paved areas and west - and south-facing windows for energy -efficient savings; coniferous or nonwinter deciduous trees are kept away from south -facing windows in order to allow for heat gain duri ng winter months. The larger sized trees should be placed at entries and accent areas.
D. Turf shall be limited and installed in usable gathering areas only with a maximum of 25%.