ORDINANCE NO. O-24-1416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO AMENDING MUNICIPAL CODE SECTIONS 23.01.01
(DEFINITIONS) AND 23.02.25 (ACCESSORY DWELLING UNITS) TO
IMPLEMENT STATE LAW REGARDING ACCESSORY DWELLING
UNITS
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, Chapter XXIII (Zoning and Development, Advertising and Signs, Fences and Walls) of the City of San Marino’s Municipal Code (“Planning and Zoning Code”) provides for the organized, predictable, and efficient development of land within the City; and WHEREAS, the Planning and Zoning Code establishes land use districts throughout the City and regulates the development of land in each district, including construction 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, a number of bills that have amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs; and WHEREAS, the City last updated its Municipal Code sections governing ADUs and JADUs in 2020; and
WHEREAS, since 2020 the California Legislature has approved, and the Governor has signed into law, a number of bills that have amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs ((2021: AB 345 (permitting separate conveyance of ADUs from primary dwellings in limited circumstances), AB 3182 and AB 68 (streamlining ADU approvals)); (2022: SB 897 and AB 2221 (increasing height limits of ADUs)); and (2023: AB 976 (owner-occupancy requirements), and AB 1332 (pre-approved ADU plan sets)); and
WHEREAS, the City Council of the City of San Marino seeks to update its Municipal Code to bring it into conformance with state law on ADUs and JADUs; and WHEREAS, this Ordinance revises the Municipal Code to increase the allowable height limits for ADUs when the ADU is located near a public transit hub as required by the Government Code and to make other changes to bring the Municipal Code into conformance with state law and clarify existing ambiguities in the City’s regulation of ADUs and JADUs; and WHEREAS, on November 21, 2023, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral and unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-23-18, recommending that the City Council adopt Ordinance No. O-23-1411 updating the City’s ADU Ordinance; and WHEREAS, on February 23, 2024, the City Council held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral and unanimously voted (5-0) to waive full reading and introduce by title only the Ordinance. On March 14, 2024, the City Council adopted Ordinance No. O-23-1411 updating the City’s ADU Ordinance; and WHEREAS, on August 26, 2024, the Department of Housing and Community Development (HCD) provided the City a letter containing their findings of their review of the City’s ADU Ordinance and found that the Ordinance did not comply with State ADU and JADU Laws; and WHEREAS, on October 23, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed Ordinance and recommended to the City Council that it adopt the proposed Ordinance; and
WHEREAS, notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law; and
WHEREAS, on November 13, 2024, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on October 23, 2024, and to the City Council at its November 13, 2024 public hearing, including, without limitation, the staff report submitted by the Director of Community Development.
SECTION 2. GENERAL PLAN. Pursuant to Government Code § 65860, the City Council hereby determines that this Ordinance is compatible with, consistent with and integrated with all other elements of the City’s General Plan.
1. The City Council determines that this Ordinance is compatible with Objective L.1 of the General Plan (Estate Residential), which “provide[s] an estate area with large lot sizes in the hilly terrain of the northwestern area of the City for single-family residential use[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”
2. The City Council determines that this Ordinance is compatible with Objective L.2 of the General Plan (Very Low Density Residential), which “provide[s] residential area districts with large lots in traditional neighborhood patterns for single-family residential use[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”
3. The City Council determines that this Ordinance is compatible with Objective L.3 of the General Plan (Low Density Residential), which “provide[s] residential area districts that reflect the predominant pattern of residential development in the City – single-family development on standard size residential lots[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.” SECTION 3. AMENDMENT. Section 23.01.01 (Definitions) of the San Marino Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance (changes shown in redline format for ease of reference).
SECTION 4. AMENDMENT. Section 23.02.25 (Accessory Dwelling Units) of the San Marino Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance (changes shown in redline format for ease of reference).
SECTION 5. ENVIRONMENTAL. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) the ordinance is exempt pursuant to Public Resources Code section 21080.17, which exempts the local adoption of ordinances regarding second units in single or multifamily residential zones; (2) the ordinance is exempt under CEQA Guidelines (14 Cal. Code Regs. § 15301), which exempts projects involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); (4) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (5) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal.
Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, if for any reason is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 8. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the SMMC or other city ordinance by this Ordinance will be rendered void and cause such previous SMMC provision or other city ordinance to remain in full force and effect for all purposes.
SECTION 9. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.
PASSED, APPROVED, AND ADOPTED this 20th day of November 2024. ________________________
STEVEN W. HUANG, DDS
ATTEST:
_________________________
CITY CLERK
Exhibit A
23.01.01: DEFINITIONS:
ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (also “ADU”, “second unit,” or “granny unit”) shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen as defined in this Chapter, a full bath, and permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family residence or multi-family residence is situated. An accessory dwelling unit also includes an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007.
1. “ATTACHED ADU” shall mean a new ADU is constructed as a physical expansion (i.e. addition) to the primary dwelling and is attached to the single family dwelling unit by one (1) or more common walls. An Attached ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence and any adjoining residences and, to the greatest extent feasible, shall not be visible from the street.
2. “CONVERTED ADU” shall mean an ADU created within the interior of an existing structure that occupies part of the floor area of the existing structure, as defined in this chapter. A converted ADU does not include an ADU that would: (a) increase the height of an existing structure; (b) require removal of more than fifty (SO) cubic yards as part of the excavation of an existing structure; or (c) increase the floor livable area of the existing structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress; provided, however, that such restrictions cannot preclude an ADU described in Government Code section 66323 (a)(1) or (a)(3) from development.
3. “DETACHED ADU” shall mean a new ADU that is located on the property such that the unit does not share any walls with the single family dwelling unit or multiple family dwelling unit, and the distance between nearest point of any portion of the unit and the single family dwelling unit or multiple family dwelling unit is six feet (6’) or more. A Detached ADU shall be located six feet (6’) or more from each dwelling, building, and other structure on the property.
23.02.25: ACCESSORY DWELLING UNITS:
A. Purpose: The purpose of this section is to comply with Government Code sections 65852.2 and 65852.2266310 et seq. and recent amendments to these provisions, which allow the City to enact certain standards for the development of accessory dwelling units in residential zones within the City. It is also the purpose of this section to ensure the availability of affordable housing for family members, students, and the elderly, among others, in the City while mitigating impacts to traffic, utilities, public health and safety and preserving the character of residential neighborhoods.
B. Definitions:
1. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
2. “High-quality transit corridor” has the same meaning as defined by Section 21155 of the Public Resources Code, which as of adoption means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
3. “Major transit stop” has the same meaning as defined in Section 21064.3 of the Public Resources Code, which as of adoption means a site containing any of the following: (1) an existing rail or bus rapid transit station; (2) a ferry terminal served by either a bus or rail transit service; or (3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
4. “Nearest transit stop” means the closest site containing an existing rail or bus station or stop.
5. “Efficiency Kitchen” has the same meaning as defined Municipal Code Section
23.01.01, which is a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit as defined by Government Code § 6633365852.22(fa)(6).
C. Application Approval: Any application for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that meets the location and development standards contained in this Section shall be approved by the City following a ministerial review for compliance, and within 60 days after submission of a complete application. An application which is denied for failing to comply with the City’s development standards will be returned to the applicant with a written list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
D. Submittal Requirements And Application Processing:
1. An application for an accessory dwelling unit shall be submitted to the Planning Division and Building Division concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted, and the type of information to be provided by the applicant.
2. The Director of Community Development or his/her designee shall issue an accessory dwelling unit building permit if the application conforms to the specific standards set forth in this section.
3. An application that does not conform to the specific standards set forth in this Section, including the development standards set forth in Section 23.02.25(G) shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.
E. Location and Zoning Requirements: An accessory dwelling unit may be located on all areas zoned to allow the construction of single-family or multi-family residential dwellings and the site includes a proposed or existing single-family or multi-family dwellingonly on residentially zoned lots or upon a lot with an existing residential dwelling.
1. One ADU may be constructed on a lot zoned to allow residential use.
2. One JADU may be constructed on a lot zoned to allow residential use.
13. One converted ADU, one JADU, and the construction of one detached ADU may be constructed on a single-family residential lot where the converted ADU, JADU and detached ADU meet the requirements in Government Code Section 66323.65852.2(e). The limit on ADUs and JADUs for multi-family lots shall be as set forth in 66232.
24. For fire safety purposes, new ADUs and JADUs may only be located on a residential lot that has: 1) at least a 10-foot wide fire lane within 150 feet of the subject property and 2) a minimum fire flow of 1,000 gallons per minute if the Building Official makes a written finding that doing so is required to avoid a specific, adverse impact on public health and safety. This restriction shall not apply to ADUs and JADUs that are exempt from Planning Review, pursuant to Subsection(GF)(1) of this Section as required by Government Code Section 6632365852.2.
35. Any ADU/JADU legally created shall be governed by the zoning regulations in effect at the time of approval.
46. Tree Removal and Pruning. Tree permits for the removal and/or pruning of established, heritage, or oak trees shall be required per Municipal Code Chapter 23, Article 19.
57. Applicants shall locate and design ADU/JADUs so that the retention of established, heritage, or oak trees is accommodated unless doing so prohibits the development of an ADU/JADU as required by the Government Code.
F. All ADUs and JADUs shall be subject to the following restrictions:
1. The development and use of the ADU/JADU shall only be valid and permitted based on the terms established in this Section.
2. A Deed Restriction shall be required for all ADUs/JADUs. Prior to final inspection and issuance of a certificate of occupancy, for an ADU/JADU, a deed restriction, approved by the Director of Community Development or his/her designee, on a form approved by the City Attorney, shall be recorded with the County Recorder’s Office and filed with the Planning Division which shall include the restrictions and limitations identified in this Subsection. Said deed restriction shall run with the land and shall be binding upon any successor in ownership of the property. The final recorded deed restriction shall state that:
a. The ADU/JADU shall not be sold separately from the primary residence.
Except as otherwise required by Government Code section 65852.26. b. If the ADU/JADU is rented, it shall not be rented for a period of less than 390 consecutive days.
c. Owner-occupancy is required for parcels with a JADU, consistent with the requirements and limitations of Government Code Section 66333(b)Subsection H( 1) of this Section.
3d. The ADU/JADU shall be restricted to the floor area livable area approved at the time of building permit issuance. Any owner wishing to incorporate the floorlivable area of the ADU/JADU back into the primary dwelling unit must request termination of the ADU/JADU use under this Section, satisfying all zoning and development standards such as setbacks, floor area, and lot coverage. The City will ministerially review ADUs within existing portions of existing multi-family dwelling structures that are not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings in accordance with Government Code Section 66323. The City will ministerially review applications for ADUs and JADUs for multi-family dwellings that meet the requirements of Government Code Section 66323 as long as they comply with this chapter. 4e. A second unit may not have utility services separate from those of the primary dwelling unit on the same property unless required by State law. 5f. ADU/JADUs shall not be given separate street addresses from the primary dwelling unit, unless the Director of Community Development determines that one is required for public safety purposes. If the Director of Community Development determines that a separate address is required for public safety purposes, then the City will issue an alphanumeric address for the ADU/JADU beginning with “A” and continuing through the alphabet for units on the property. For example, if the address for the primary dwelling unit is 123 Main Street, the address for the ADU/JADU would be 123 A Main Street.
6g. The owner and all successors in interest in the subject property shall maintain the ADU/JADU in accordance with all applicable regulations established in this Section and any approval granted by the City. Violations and lack of compliance with any provisions of this Section may result in legal action against the property owner, including revocation of any right to maintain an ADU/JADU on the property as set forth in Subsection J of this Section and shall be subject to administrative fines and penalties as contained in Article 4 of Chapter 1 of the San Marino Municipal Code. The owner and all successors in interest in the subject property may request a delay in the fenforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code, pursuant to Government Code section 66331.
G. Process, Review, And Fees For ADUs And JADUs:
1. Projects Exempt From Obtaining a Planning ADU Application: As provided under Government Code Section 65852.2(e)(1),66323 an owner shall not be required to submit a Planning ADU Application for an ADU under subsection(f)(2) below, and may instead seek building permit approval for the following types of units that are located within residential zones or upon a lot with an existing residential dwelling:
a. JADUs meeting the requirements of Government Code Sections 6632365852.2(e)(1)(A) and 65852.2266333-66339.
b. Converted ADUs meeting the requirements of Government Code Section 65852.2(e)(1)(A)66323 and 66314.
c. New construction of detached ADUs meeting the requirements of Government Code Section 6632365852.2(e)(1)(B).
d. Projects that are exempt from submitting a Planning ADU Application under this provision are still subject to tree removal permits, grading permits, and other applicable building permit requirements.
2. Projects Subject To Planning ADU Application Review And Timelines: The Director of Community Development or his/her designee shall ministerially review and approve a Planning ADU Application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Section. Where a Planning ADU Application is submitted with an application for a single-family or multi-family dwelling that is subject to design review under Chapter 23 of this code, the Planning ADU Application will be considered separately without discretionary review or a public hearing, following action on the portion of the project that is subject to Chapter 23.
a. Planning ADU Applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 6631765852.2.
b. In addition to obtaining a Planning ADU Application, the applicant shall be required to obtain a building permit, tree removal permit, if applicable, and other applicable building permit requirements prior to the construction of the ADU.
3. Fees and Services:
a. The owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees except as specifically provided in California Government Code Sections 65852.2 and 65852.2266324 and 66338.
b. No letters of service availability for water or sewer shall be required to be provided by the applicant.
H. ADU Development Standards: Excepting those ADUs approved under subsection F( 1), an ADU shall comply with the following development standards:
1. ADUs are limited to a maximum of two bedrooms for lots smaller than 12,000 square feet. ADUs are limited to a maximum of three bedrooms for lots 12,000 square feet and larger. Studio and one-bedroom ADUs shall not exceed 850 square feet of floor livable area. Two-bedroom ADUs shall not exceed 1,000 square feet of floor livable area. Three-bedroom ADUs shall not exceed 1,200 square feet of floor area.
2. If there is an existing primary dwelling unit, an attached ADU shall not exceed 50 percent of the floor livable area of the existing primary dwelling unit on the subject lot, but in no case shall the ADU be less than 150 square feet, nor more than 1,0001,200 square feet in floor livable area. The attached ADU also shall not exceed 25 feet in height, as measured from the datum point or the height limit in the underlying zone or the height of the existing primary dwelling unit, whichever is lower, unless it is a ADU or JADU that is located entirely within an existing structureattached to the primary dwelling. Notwithstanding the foregoing, an attached ADU may not exceed two stories.
3. A detached ADU shall not exceed 1,000 1,200 square feet of floor livable area and shall not exceed one story and/or 16 feet in height, as measured from the datum point on a lot with an existing or proposed single-family or multi-family dwelling unit.
a. A detached ADU may be up to 18 feet in height, as measured from the datum point, if located within one-half mile of a “major transit stop” as defined in Section 21064.3 of the Public Resources Code or “high-quality transit corridor” as defined by Section 21155 of the Public Resources Code, or if the property has an existing or proposed multi-family, multi-story residential dwelling.
b. A detached ADU may be up to 20 feet in height, as measured from the datum point, if it is eligible to be up to 18 feet in height, to accommodate a roof pitch aligned with the primary dwelling unit but shall not exceed one story.
4. A detached ADU shall be located six feet or more from each dwelling, building, and other structure on the property.
5. No setback shall be required for a converted ADU that is within an existing structure or within the footprint of a structure constructed in the same location, height, and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet, as measured from the point of the ADU or any mechanical equipment or similar devices that serve the ADU and are maintained and operated on the exterior of the ADU and that is closest to the side and rear lot lines.
6. An ADU shall conform to all lot coverage, floor livable area, and front yard setback regulations applicable to the zoning district in which the property is located, except in the following cases:
a. ADUs that are not required to obtain a Planning ADU Application as provided under subsection F( 1) of this section.
b. Attached and detached ADU on corner lots are required to abide by the front and street-facing side yard setback requirements of the underlying zoning district in which the ADU is located; provided however that no more than four feet shall be required from a side lot line shall be required for an ADU meeting the requirements of section 66314(d)(7). Deviation from this section shall require approval of the Community Development Director and a demonstration by the applicant that these setbacks create a safety hazard. c. Where the application of lot coverage, floor livable area, or setback regulations would not permit construction of an 800 square-foot ADU that is 16 feet in height or greater due to proximity to a major transit stop or high-quality transit corridor or other increase permitted by state law with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived to permit such an ADU.
7. An ADU shall include a kitchen, as defined by Municipal Code Section 23.01.01, for cooking and eating and other permanent provisions for living and sleeping, including a closet or other reasonable storage area. An efficiency kitchen as defined by Municipal Code Section 23.01.01 does not qualify.
8. An ADU shall include a full bath, as defined by Municipal Code Section 23.01.01.
9. ADUs shall exactly match the building materials, colors, style, and form of the primary residence. Architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim, shall match the primary residence on the property, provided that no ADU shall include any second-story balcony or similar open space on the second story.
10. ADUs shall comply with the City’s Pre-Approved Roof Materials, Colors, and Application List and the City’s Window and Door Replacement Procedure and PreApproved Window and Door Materials List.
11. Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or any adjacent property.
12. Windows shall be located to avoid direct line of sight, meaning a straight line between a person standing in the ADU, to the windows of adjacent properties.
Obscured glass and other techniques may be used to avoid direct line of sight.
13. An ADU shall have a separate exterior access from the primary dwelling unit. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, the privacy of the primary residence and any adjoining residences and, shall not be visible from the street.
14. Any common wall separating the accessory dwelling unit from the main building shall be soundproofed, unless such requirement would preclude development of the ADU. Details of the proposed means of soundproofing shall be submitted with plans for construction. No interior entry to the primary dwelling unit shall be provided.
15. A permanent foundation shall be required for all ADUs.
16. In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit.
For purposes of this chapter, “public transit” has the same meaning as in Government Code Section 6631365852.2(j)(11).
b. The ADU is part of entirely within a proposed or existing primary dwelling unit or other existing structure.
c. The ADU is located within a historic district.
d. On-street parking permits are required but not offered to the occupant of the ADU.
e. There is a City-approved and dedicated parking space for a car-share vehicle located within one block of the ADU.
f. A permit application for an ADU is submitted with a permit application to create a new single-family dwelling or new multi-family dwelling on the same lot.
17. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single-family or multi-family dwelling unit shall be required to comply with parking standards established in Section 23.02.03 of this Chapter, as well as all other development standards applicable to the zoning district. The location of the required parking space(s) shall not obstruct the parking of the primary residence and shall be a minimum of 20 feet in length and 10 feet in width.
a. When an ADU is created by converting or demolishing a garage, carport, or covered parking structure with an existing door, if the door is visible from the public right-of-way it must maintain its architectural style to continue to appear as an entrance for vehicles.
18. The required parking spaces for the ADU may be uncovered.
19. The installation of fire sprinklers and fire alarms shall be required if they exist for the primary dwelling unit or if the primary dwelling unit requires fire sprinklers/fire alarms before the issuance of a certificate of occupancy for the ADU.
20. An ADU proposed on a property designated as a historical resource listed on the National Register, the California Register of Historic Places or designated as a local historic landmark or located within an area of the City that has been designated as a historic district by the City Council shall be subject to the following standards:
a. No ADU shall be approved that will require a change to the street-facing façade(s).
b. Any changes to the exterior of a historic resource shall exactly match the architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim.
c. Properties with a valid Mills Act Contract shall be subject to the standards and conditions of that Contract.
21. The applicant shall submit a map to the Community Development Department demonstrating the distance to the nearest transit stop and major transit stop.
I. JADU Development Standards: Junior Accessory Dwelling Units (JADU) shall comply with the following:
1. The owner of the single-family a parcel proposeddwelling proposed for a JADU shall occupy as a principal residence either the single family dwelling unit, the JADU, or an ADU if one exists on the property. The JADU shall be considered to be in compliance with this code only so long as the owner occupies either the singlefamily dwelling Unit or the JADU.
2. Notwithstanding subsection 1, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
3. The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of floor livable area. The floor area of a shared sanitation facility shall not be included in the floor livable area of the JADU.
4. One JADU may be constructed on a lot zoned for single-family residential use, where there is a single- family dwelling unit existing or proposed to be built on the lot. The JADU must be contained entirely within the walls of the existing or proposed single family dwelling unit, which includes attached garages.
5. The JADU shall include an efficiency kitchen meeting the requirements of California Government Code Section 6633365852.22 and Municipal Code Section
23.01.01. 6. A separate exterior entry from the main entrance to the single family dwelling shall be provided to serve a JADU.
7. An interior entry to the main living area shall be provided to serve a JADU if the JADU lacks a separate bathroom. Such interior entry may include a second interior doorway for sound attenuation.
8. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
9. Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.
10. No additional parking is required for a JADU.
J. Termination of Permit and Use for ADUs and JADUs:
1. In his or her sole discretion, the Community Development Director may grant an owner’s request to terminate an ADU/JADU permit and deed restriction. The Community Development Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City’s affordable housing supply.
2. As a condition of termination, the Community Development Director shall require the owner to make modifications to the property to comply with: 1) current building code requirements, and 2) current development standards in effect at the time the request is made to terminate the use of the ADU or JADU, including but not limited to, setbacks, heights, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the City’s building and fire codes.
3. In no case shall the ADU or JADU permit be terminated, if the proposed termination would require a variance to exceed the allowable floor area of the single family dwelling unit.
4. Where a request is to terminate an ADU that was created from the conversion or demolition of a garage, carport or covered parking structure, the garage, carport, or covered parking structure must be converted back to off-street parking.
K. Violations and Enforcement for ADUs and JADUs:
1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required City approvals, or does not comply with the standards and deed restrictions established in this section. Violations are subject to the enforcement penalties and procedures of Article 4 of Chapter 1 of this Code.
2. In addition to the enforcement penalties and procedures included in Article 4 of Chapter 1 of this Code, the City may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this section, or an ADU or JADU not maintained in conformance with this section, including:
a. Revocation of the ADU/JADU permit;
b. Where an ADU/JADU has been improperly terminated and is being used as habitable space for the single family dwelling unit, removal of the floor area serving as habitable space; and
c. In any civil enforcement action, the City is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter.
(Ord. 0-17-1331, 11-8-2017; amd. Ord. 0-19-1359-U, 12-11-2019; Ord. 0-20-1360-U, 1-8-2020; Ord. O-20-1368, 11-18-2020)