Exhibit AExhibit A
Exhibit A
Exhibit A
1. Section 17.28.270 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
“17.28.270 Accessory Dwelling Units
Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Section 17.88.030, Definitions, of this title and in California Government Code Sections 66310-66342, or any successor statute, in areas where residential uses are authorized, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
Effects of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this section shall not be:
Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; Considered in the application of any ordinance, policy, or program to limit residential growth; or Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, and within commercial zoning districts where residential development is authorized pursuant to the Housing Overlay or applicable State law, subject to issuance of a building permit and the following conditions:
There is an existing or proposed dwelling unit on the lot; and The project conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; or must be approved ministerially without meeting all development standards and requirements pursuant to California Government Code Section 66323 (see subsection J).
Maximum Number of Accessory Dwelling Units Allowed. The following are the maximum number of different categories of accessory dwelling units allowed on any residential or mixed-use lot, including attached, detached, and/or converted ADUs and JADUs. Combinations that provide the maximum number of ADUs in multiple categories are permitted. For purposes of this section, multi-family dwelling means a structure or development containing two (2) or more dwelling units.
Attached to a Single-Family Dwelling. One (1) attached accessory dwelling unit may be permitted on a lot with a proposed or existing single-family dwelling, subject to the following:
The accessory dwelling unit and/or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling, or an attached accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing, attached accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
Attached new construction of an ADU of at least 850 square feet of interior livable space.
The space has exterior access from the proposed or existing single-family dwelling.
The side and rear setbacks are sufficient for fire and safety.
Detached new construction on a Lot with a Single-Family Dwelling. One (1) detached new-construction ADU may be permitted on a lot with a proposed or existing single-family dwelling.
Detached conversion on a Lot with a Single-Family Dwelling. One (1) detached accessory structure may be converted to an accessory dwelling unit on a lot with a proposed or existing single-family dwelling.
Detached on a Lot with a Multi-Family Dwelling. For purposes of this section, a multi-family dwelling approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. The detached accessory dwelling unit(s) are subject to the following:
On a lot with an existing multi-family dwelling, not more than eight (8) detached accessory dwelling units are permitted. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
On a lot with a proposed multi-family dwelling, not more than two (2) detached accessory dwelling units are permitted.
Conversion of space within Multi-Family Dwelling. For purposes of this section, a multi-family dwelling approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. A portion of an existing multi-family dwelling may be converted to an accessory dwelling unit if it is not currently used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages.
The number of allowed converted accessory dwelling units within an existing multi-family dwelling shall be at least one (1) and up to twenty-five (25) percent of the number of existing multi-family dwelling units. For the purposes of calculating the number of allowable accessory dwelling units, the following shall apply:
Previously approved accessory dwelling units shall not count towards the number of existing multi-family dwelling units; Fractions shall be rounded to the nearest whole number of allowed accessory dwelling units, except that at least one accessory dwelling unit shall be allowed; and Junior Accessory Dwelling Units. One (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single-family dwelling, subject to the following:
The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single-family dwelling.
The junior accessory dwelling unit shall have independent exterior access from the single-family dwelling and may provide interior access to the single-family dwelling.
Side and rear setbacks comply with Title 15 (Buildings and Construction).
The junior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single-family dwelling. A junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi-family dwelling.
Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling units created consistent with CA Gov Code 66314-66322 shall conform to all objective standards of the underlying residential or mixed-use zoning district, any applicable overlay district, and all other applicable provisions of Title 17 (Zoning), including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria.
Minimum Lot Area. There shall be no minimum lot area required to establish an accessory dwelling unit and/or junior accessory dwelling unit.
Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:
For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback.
For replacement of an existing enclosed structure, garage, or carport, no additional setback is required, beyond the existing setback provided. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's size and/or height. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
Attached and detached accessory dwelling units shall provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less restrictive. Front setbacks of the underlying zoning district shall apply unless application of the setback would physically preclude the construction of a qualifying ADU(s) on the property.
Building Height
Internal. Accessory dwelling units and junior accessory dwelling units internal to an existing or proposed single-family or multi-family dwelling shall comply with the height limit as required by the underlying zoning district.
Attached. Accessory dwelling units and junior accessory dwelling units attached to an existing or proposed single-family or multi-family dwelling shall comply with the height limit as required by underlying zoning district.
Detached accessory dwelling units shall not exceed a height of sixteen (16) feet except as noted below:
A detached accessory dwelling unit constructed on a lot with an existing or proposed multi-family, multi-story dwelling shall not exceed a height of eighteen (18) feet.
A detached accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided the accessory dwelling unit meets the minimum setbacks required by underlying zoning district and the principal dwelling unit complies with parking standards set forth in Section 17.28.270.
A detached accessory dwelling unit constructed on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code shall not exceed a height of eighteen (18) feet. An additional two (2) feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.
Unit Size.
The maximum size of a detached or attached accessory dwelling unit shall be eight hundred fifty (850) square feet of interior livable space for a studio or one (1) bedroom unit and one thousand (1,000) square feet of interior livable space for a two (2) or more bedroom unit.
Application of size limitations set forth in this section, shall not apply to an accessory dwelling unit that is converted from the existing space of a single-family dwelling or existing accessory structure.
Application of development standards may limit the size of the accessory dwelling unit below 850 or 1,000 square feet, but in no case shall the setbacks, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet of interior livable space where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet of interior livable space.
Floor Area Limit Exception for Non-living Area and Basements. Floor area of an accessory dwelling unit or junior accessory dwelling located below grade within a basement that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, or garages, shall be excluded from the allowable floor area; Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the principal dwelling(s), nor shall the construction of an accessory dwelling unit and/or junior accessory dwelling unit require fire sprinklers to be installed in the existing single-family or multi-family dwelling.
Lighting
Lighting shall be shielded or recessed so that direct light sources (e.g. bulbs, lamps, LEDs) are not visible from adjoining properties. For example, a Spanish-styled light fixture with glass panes should have the bulb covered by opaque glass or covered with a shroud, so the light bulb is not visible from adjoining properties; Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior accessory dwelling unit.
Parking. Parking shall comply with requirements of Chapter 17.64 (Parking and Access Standards) except as modified below:
One (1) parking space shall be required for each accessory dwelling unit.
When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway.
Notwithstanding subsection E.9.a above, no additional parking shall be required for:
A junior accessory dwelling unit;
An accessory dwelling unit internal to a proposed principal residence or converted from existing space of a principal residence or existing accessory structure; An accessory dwelling unit located within one-half-mile walking distance of public transit, as that term is defined in Section 17.88.030; An accessory dwelling unit located within an architecturally and historically significant historic district as defined by State law or within the City’s Architecture overlay, whichever is more permissive; When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; When there is a car-share vehicle located within one (1) block of the ADU; or Outside the coastal zone, when an accessory dwelling unit is constructed in conjunction with a new single-family or multi-family dwelling on the same lot.
Outside the coastal zone, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.
Impact and Utility Fees.
1. No impact fee or connection fee is required for an ADU that provides less than seven hundred fifty (750) square feet of interior livable space;
2. An impact fee and connection fee is required for an ADU that provides at least seven hundred fifty (750) square feet of interior livable space and shall be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling); and
3. If an ADU is constructed at the same time as a new single-family or multi-family dwelling, a separate utility connection directly between the ADU and the utility shall be required and payment of the proportional connection fee and capacity charge shall be required.
4. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family or multi-family dwelling(s).
5. Septic Systems. If the principal dwelling unit(s) is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the on-site wastewater treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.
Additional requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.
No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-family dwelling) or from the lot and all of the dwellings (in the case of a multi-unit family dwelling), except as allowed under California Government Code section 66341.
Short-Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less.
Owner-Occupancy for Junior Accessory Dwelling Units. As required by applicable law, JADUs that share sanitation facilities with a single-family dwelling are subject to an owner-occupancy requirement. If the JADU has its own bathroom, then the property owner is not required to reside on the property.
Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s Office and a copy filed with the Planning Division. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
Except as otherwise provided in California Government Code Section 65852.26, or any successor statute, the JADU may not be sold separately from the primary dwelling.
The JADU is restricted to the approved size and to other attributes allowed by this section.
The deed restriction runs with the land and may be enforced against future property owners.
The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning Division, providing evidence that the JADU has in fact been eliminated. The Planning Division may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Planning Division's determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with all applicable legal requirements, including those of the Zoning Code.
The deed restriction is enforceable by the Planning Division for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historically significant shall be approved ministerially, however, any accessory dwelling unit or junior accessory dwelling unit proposed on a property that is listed on the State or National Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. An ADU that is on a single-family residential property abutting a real property that is listed in the California Register of Historic Resources, or on a multi-family of three or more units that is within 300 feet of a real property listed in the California Register of Historic Resources, must be located outside the front yard setback area. Exceptions may be granted where there is no other space available on the property that could accommodate an ADU of at least 800 square feet of livable space. In these cases, the front yard setback may be waived, but only to the extent needed to accommodate this size of ADU.
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
The City shall 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 public health and safety and that is not affected by the construction of the ADU or JADU.
Unpermitted ADUs Constructed Before 2020.
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, 2020, if denial is based on either of the following grounds:
The ADU violates applicable building standards, or
The ADU does not comply with State ADU law or with the requirements of this section.
Exceptions.
Notwithstanding Subsection I.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, 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.
Subsection I.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.
ADUs and JADUs created pursuant to California Government Code Section 66323 must comply with the building code and health and safety requirements, but are not subject to development standards set forth in California Government Code Sections 66314-66322 or any standards of San Clemente Municipal Code Section 17.28.270 that conflict with California Government Code Section 66323.
Approval Process. The City will review and approve an application for an ADU or JADU in accordance with all applicable state law requirements, including, but not limited to, those specified in California Government Code sections 66317 and 66335 for eligible ADUs and JADUs.
Certificate of Occupancy Timing.
No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
Notwithstanding subsection K.1 above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
a. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025; b. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation; c. The ADU has been issued construction permits and has passed all required inspections; and d. The ADU is not attached to the primary dwelling.”
Exhibit BExhibit BSection 17.88.030 of the San Clemente Municipal Code is hereby amended to include the following definitions under a new subsection titled “Accessory Dwelling Units”:
Exhibit B
Exhibit B
“Accessory Dwelling Units. For purposes of Section 17.28.270, Accessory Dwelling Units, of this title, the following definitions shall apply:
1."Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit may also include the following:
a. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and b. A manufactured home, as defined by California Health and Safety Code Section 18007.
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
3."Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling exists or will be situated.
4. “Car share vehicle” means part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public.
5. "Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
6. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. Provides no more than five hundred (500) square of interior livable space; b. Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure; c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and e. Includes an efficiency kitchen, as defined in subdivision 5 above.
7. “Livable space” means a space within a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
8. "Living area" means the interior habitable area of a dwelling unit, including basements and attics that are adapted to be habitable, but does not include uninhabitable basements, attics, or garages.
9. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
10. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to the entrance of the ADU or JADU.
11. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
12. "Public transit" means a location, including, but not limited to, a bus stop, trolley stop, SC Rides pickup location, 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. “Public transit” is inclusive of the definition for “public transit” set forth in Government Code section 66313, subdivision (m).
13. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.”