Agenda packet, special meeting, first session — Santa Fe Springs City Council, January 11, 2024 (part 1 of 2)

Agenda
2024.1.11 - AGENDA - SPECIAL CITY COUNCIL MEETING.PDF
Meeting Materials
2024.1.11 - AGENDA PACKET - SPECIAL CITY COUNCIL MEETING.PDF

1. Documents:

2. Documents:

CITY OF SANTA FE SPRINGS

SPECIAL MEETINGS OF THE HOUSING SUCCESSOR,

SUCCESSOR AGENCY, AND CITY COUNCIL
AGENDA
THURSDAY, JANUARY 11, 2024
AT 6:00 P.M.

CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670

CITY COUNCIL
Jay Sarno, Mayor
William K. Rounds, Mayor Pro Tem
Juanita Martin, Councilmember
Annette Rodriguez, Councilmember
Joe Angel Zamora, Councilmember

CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Ivy M. Tsai

CITY STAFF
Assistant City Manager Nicholas Razo
Fire Chief Chad Van Meeteren
Police Chief Aviv Bar
Director of Community Services Maricela Balderas
Director of Finance Lana Dich
Director of Planning Wayne Morrell
Director of Police Services Dino Torres
Director of Public Works James Enriquez
City Clerk Janet Martinez
January 11, 2024: Special City Council Meeting Page 2 of 7

NOTICES
This City Council Meeting (“Council”) will be held in person and will meet at City Hall – City Council Chambers, 11710 E. Telegraph Road, Santa Fe Springs, California. The meeting will be live streamed on the City’s YouTube Channel and can be accessed on the City’s website via the following link:
https://santafesprings.org/city_council/city_council_meetings/index.php Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

SB 1439: Effective January 1, 2023, City Council Members are subject to SB 1439 and cannot participate in certain decisions for a year after accepting campaign contributions of more than $250 from an interested person. The Council Member would need to disclose the donation and abstain from voting.

Public Comments: The public is encouraged to address City Council on any matter listed on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council on the day of the meeting, please fill out a speaker card provided at the door and submit it to City Clerk staff. You may also submit comments in writing by sending them to the City Clerk's Office at [email protected]. All written comments received by 12:00 p.m. the day of the City Council Meeting will be distributed to the City Council and made a part of the official record of the meeting. Written comments will not be read at the meeting, only the name of the person submitting the comment will be announced. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

Please Note: Staff reports and supplemental attachments are available for inspection at the office of the City Clerk in City Hall, during regular business hours 7:30 a.m. – 5:30 p.m., Monday – Thursday. Telephone: (562) 868-0511.

January 11, 2024: Special City Council Meeting Page 3 of 7

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTATIONS

1. 2023 HOLIDAY HOME DECORATING CONTEST WINNERS (COMMUNITY

SERVICES)

2. TREE LIGHTING & SANTA FLOAT PROGRAMS RECAP (COMMUNITY

SERVICES)

3. HOLIDAY BASKET PROGRAMS RECAP (COMMUNITY SERVICES)

4. 2023 COMMUNITY SERVICES DEPARTMENT END OF YEAR RECAP OF

EVENTS (COMMUNITY SERVICES)

CHANGES TO AGENDA

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS
At this time, the general public may address the City Council on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda.

Please show courtesy to others and direct all of your comments to the Mayor.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
HOUSING SUCCESSOR AGENDA – NONE

CITY COUNCIL AGENDA

PUBLIC HEARING

5. PUBLIC HEARING TO CONSIDER THE PROPOSED ZONE TEXT AMENDMENTS TO ENSURE THAT THE CITY’S ZONING ORDINANCE IS ALIGNED WITH THE STATE’S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY

DWELLING UNIT (JADU) STATUTES AND FIND THAT THE AMENDMENTS ARE

EXEMPT FROM CEQA (PLANNING)
RECOMMENDATION: It is recommended that the City Council:

January 11, 2024: Special City Council Meeting Page 4 of 7 1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed zone text amendments related to ADU and JADU regulations; and
2) Find and determine that the proposed zone text amendments are consistent with the goals, policies, and program of the City’s General Plan; and 3) Find and determine that the proposed zone text amendments are consistent with the State’s ADU and JADU regulations; and
4) Find and determine that this Project is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.17 which provides an exemption for the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (the state ADU law); and
5) Waive further reading and introduce Ordinance No. 1134 by title, adopting Zone Text Amendments to ensure that the City’s Zoning Ordinance is aligned with the State’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) statutes; and
6) Take such additional, related action that may be desirable.

6. A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE ZONE DETERMINATION CASE NO. 2023-01: A REQUEST TO DETERMINE THAT A BATTERY ENERGY STORAGE

SYSTEM USE WITH DIRECT CONNECTION TO A PUBLIC UTILITY GRID IS A

SIMILAR AND COMPATIBLE USE WITH OTHER SIMILARLY PRINCIPALLY PERMITTED USES LISTED IN THE M-2, HEAVY MANUFACTURING, ZONE; AND ADOPT A NOTICE OF EXEMPTION UNDER CEQA SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) (PLANNING)
RECOMMENDATION: It is recommended that the City Council:
1) Open the public hearing, receive public testimony from anyone in the audience or on Zoom wishing to speak; and
2) Consider the information presented in the written and oral staff reports, in combination with the November 13, 2023 Planning Commission staff report and summary, which collectively provides the necessary background and context; and 3) Deny the appeal by Bridgeland Resources LLC; and
4) Find and determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) (Common Sense Exemption) and;
January 11, 2024: Special City Council Meeting Page 5 of 7 5) Adopt City Council Resolution No. 9892, which incorporates the City Council’s findings and actions regarding the matter, which include to ratify the Planning Commission’s decision and to approve Zone Determination Case No. 2023-01 determining that a battery energy storage system use with direct connection to a public utility grid is similar to and compatible with other similarly principally permitted uses listed in the M-2, Heavy Manufacturing, Zone and will not be inconsistent with the purpose of the M-2 Zone; and
6) Take such additional, related action that may be desirable.

OLD BUSINESS

7. APPOINTMENTS TO CITY COMMISSIONS/COMMITTEES AND EXTERNAL

ORGANIZATIONS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:
1) Review and make appointments to City commissions and committees as desired; and
2) Review and make appointments to City Council liaisons to advisory committees as desired; and
3) Review and make appointments to City Council subcommittees as desired; and 4) Review and make appointments to external organizations as desired; and 5) Take such additional, related action that might be desirable.

REGULAR BUSINESS

8. AMENDMENT NO. 2 TO THE COOPERATIVE AND FUNDING AGREEMENT WITH

METRO FOR THE ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the Mayor to sign Amendment No. 2 to the Cooperative and Funding Agreement for the Rosecrans/Marquardt Grade Separation Project between the Los Angeles County Metropolitan Transportation Authority and the City of Santa Fe Springs; and
2) Approve a Professional Services Agreement with RailPros, Inc. to provide rail road flagging services for the Rosecrans Marquardt Grade Separation Project; and 3) Take such additional, related action that may be desirable.

January 11, 2024: Special City Council Meeting Page 6 of 7

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

SUCCESSOR AGENCY

9. ADOPT RESOLUTION SA-2024-001 APPROVING THE SUCCESSOR AGENCY’S RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 24-25) AND ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025 (FINANCE)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Adopt Resolution SA-2024-001 Approving the Successor Agency’s Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Period July 1, 2024 through June 30, 2025.

CITY COUNCIL

10. LISTING AGREEMENT TO APPOINT COLLIER INTERNATIONAL GREATER LOS ANGELES, INC., THE EXCLUSIVE RIGHT TO NEGOTIATE THE RENEWAL OF A GROUND LEASE WITH THE UNITED STATES POSTAL SERVICE AT 11760

TELEGRAPH ROAD (PLANNING)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Listing Agreement appointing Colliers International Greater Los Angeles, Inc. (“Colliers”) as the City’s sole agent and granting to Colliers the exclusive right to negotiate the renewal of a ground lease with the United States Postal Services (USPS) for the real property located at 11760 Telegraph Road; and
2) Authorize the Mayor to execute the Listing Agreement; and 3) Take such additional, related action that may be desirable.

11. TRAFFIC ENFORCEMENT AGREEMENT WITH THE CALIFORNIA HIGHWAY

PATROL SANTA FE SPRINGS AREA (CHP) (POLICE SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the Director of Police Services to enter into an agreement with the California Highway Patrol Santa Fe Springs Area (CHP) for traffic enforcement in an amount not to exceed $50,000 on a recurring fiscal year basis.

January 11, 2024: Special City Council Meeting Page 7 of 7

12. REVISION TO PERSONNEL POLICIES AND PROCEDURES MANUAL, SECTION 6-3.7 HOURLY NON-BENEFITTED SICK LEAVE TO COMPLY WITH THE HEALTHY WORKPLACE/HEALTHY FAMILIES ACT OF 2014 (PAID SICK LEAVE) (HUMAN RESOURCES)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the revision to Personnel Policies and Procedures Manual (PPPM), Section 6-3.7 Hourly Non-Benefitted Sick Leave to comply with the Healthy Workplace/Healthy Families Act of 2014 (Paid Sick Leave).

13. CLARKE ESTATE PARKING LOT PAVING IMPROVEMENTS – AWARD OF

CONTRACT (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Accept the bids; and
2) Award a contract to Prestige Paving Company, Inc. of La Mirada, California in the amount of $129,197.81; and
3) Take such additional, related action that may be desirable.

14. CALRECYCLE GRANT AND PAYMENT PROGRAMS (CITY MANAGER) RECOMMENDATION: It is recommended that the City Council:
1) Adopt a resolution authorizing the submittal of application(s) for all CalRecycle Grant and Payment Programs for which the City is eligible.

COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Council member announcements; requests for future agenda items; conference/meetings reports. Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

ADJOURNMENT
I, Fernando N. Muñoz, Deputy City Clerk for the City of Santa Fe Springs hereby certify that a copy of this agenda has been posted no less than 24 hours at the following locations; City’s website at www.santafesprings.org; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road.
_____________________________________________
Fernando N. Muñoz, CMC, Deputy City Clerk

CITY OF SANTA FE SPRINGS

SPECIAL MEETINGS OF THE HOUSING SUCCESSOR,

SUCCESSOR AGENCY, AND CITY COUNCIL
AGENDA
THURSDAY, JANUARY 11, 2024
AT 6:00 P.M.

CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670

CITY COUNCIL
Jay Sarno, Mayor
William K. Rounds, Mayor Pro Tem
Juanita Martin, Councilmember
Annette Rodriguez, Councilmember
Joe Angel Zamora, Councilmember

CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Ivy M. Tsai

January 11, 2024: Special City Council Meeting Page 3 of 7

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTATIONS

1. 2023 HOLIDAY HOME DECORATING CONTEST WINNERS (COMMUNITY

SERVICES)

2. TREE LIGHTING & SANTA FLOAT PROGRAMS RECAP (COMMUNITY

SERVICES)

3. HOLIDAY BASKET PROGRAMS RECAP (COMMUNITY SERVICES)

4. 2023 COMMUNITY SERVICES DEPARTMENT END OF YEAR RECAP OF

EVENTS (COMMUNITY SERVICES)

CHANGES TO AGENDA

Please show courtesy to others and direct all of your comments to the Mayor.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
HOUSING SUCCESSOR AGENDA – NONE

CITY COUNCIL AGENDA

PUBLIC HEARING

5. PUBLIC HEARING TO CONSIDER THE PROPOSED ZONE TEXT AMENDMENTS TO ENSURE THAT THE CITY’S ZONING ORDINANCE IS ALIGNED WITH THE STATE’S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY

DWELLING UNIT (JADU) STATUTES AND FIND THAT THE AMENDMENTS ARE

EXEMPT FROM CEQA (PLANNING)
RECOMMENDATION: It is recommended that the City Council:

6. A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE ZONE DETERMINATION CASE NO. 2023-01: A REQUEST TO DETERMINE THAT A BATTERY ENERGY STORAGE

SYSTEM USE WITH DIRECT CONNECTION TO A PUBLIC UTILITY GRID IS A

OLD BUSINESS

7. APPOINTMENTS TO CITY COMMISSIONS/COMMITTEES AND EXTERNAL

REGULAR BUSINESS

8. AMENDMENT NO. 2 TO THE COOPERATIVE AND FUNDING AGREEMENT WITH

January 11, 2024: Special City Council Meeting Page 6 of 7

SUCCESSOR AGENCY

CITY COUNCIL

10. LISTING AGREEMENT TO APPOINT COLLIER INTERNATIONAL GREATER LOS ANGELES, INC., THE EXCLUSIVE RIGHT TO NEGOTIATE THE RENEWAL OF A GROUND LEASE WITH THE UNITED STATES POSTAL SERVICE AT 11760

11. TRAFFIC ENFORCEMENT AGREEMENT WITH THE CALIFORNIA HIGHWAY

January 11, 2024: Special City Council Meeting Page 7 of 7

13. CLARKE ESTATE PARKING LOT PAVING IMPROVEMENTS – AWARD OF

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Wayne Morrell, Director of Planning and Development SUBJECT: PUBLIC HEARING TO CONSIDER THE PROPOSED ZONE TEXT AMENDMENTS TO ENSURE THAT THE CITY’S ZONING ORDINANCE
IS ALIGNED WITH THE STATE’S ACCESSORY DWELLING UNIT (ADU)

AND JUNIOR ACCESSORY DWELLING UNIT (JADU) STATUTES AND

FIND THAT THE AMENDMENTS ARE EXEMPT FROM CEQA
DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed zone text amendments related to ADU and JADU regulations; and
2) Find and determine that the proposed zone text amendments are consistent with the goals, policies, and program of the City’s General Plan; and 3) Find and determine that the proposed zone text amendments are consistent with the State’s ADU and JADU regulations; and
4) Find and determine that this Project is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.17 which provides an exemption for the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (the state ADU law); and
5) Waive further reading and introduce Ordinance No. 1134 by title, adopting Zone Text Amendments to ensure that the City’s Zoning Ordinance is aligned with the State’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) statutes; and
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024

Page 2 of 4 ends

6) Take such additional, related action that may be desirable.

FISCAL IMPACT
Adoption of the proposed Ordinance No. 1134, which implement zoning text amendments to the City’s Zoning Ordinance is not expected to have any immediate fiscal impact.

PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION
On November 13, 2023, the Planning Commission conducted a duly noticed public hearing to review and consider the proposed Zone Text Amendment (ZTA). The purpose of the amendment was to align the City’s Zoning Ordinance with the State’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) statutes. Following a thorough evaluation of written and oral reports, input from the Southern California Association of Government (SCAG) ADU consultant, and public discussions during the Planning Commission meeting on November 13, 2023, the Commissioners voted 4-1, with Commissioner Flores voting ‘nay’, to approve and adopt Resolution No. 252-2023.

This resolution recommends that the City Council approve and adopt Ordinance No. 1134 to effectuate the proposed amendments to the text of the City’s Zoning Ordinance; and determined that the proposed ZTA is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.17. (See Attachment E)

BACKGROUND
On March 9, 2017, in response to changes in the State's ADU and JADU regulations, the City Council adopted Ordinance No. 1084, which updated the City's Zoning Ordinance to comply with the State's regulations at that time.

Since the adoption of Ordinance No. 1084 in March of 2017, a new set of State ADU laws (SB-897, AB-2221, and AB-916) took effect on January 1, 2023, as well as AB 1033 which took effect on January 1, 2024, which invalidated certain provisions of the City's Zoning Ordinance related to ADUs and JADUs.

In 2021, the City of Santa Fe Springs the City was selected to participate in Southern California Association of Government (SCAG) Regional Early Action Program (REAP) for Advanced ADU Implementation. City staff collaborated closely with SCAG consultant, Woodsong Associates, and the City Attorney’s Office to develop a proposed ZTA that aligns the City's Zoning Ordinance regulations for ADUs and JADUs with recent State Laws. This update will amend the City's Zoning Ordinance regulations for both ADUs and JADUs.

ANALYSIS
According to California Government Code Section 65852.2, local ordinances failing to meet the requirements of State ADU/JADU Laws may be deemed null and void in their CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024

Page 3 of 4 ends

entirety. Subsequently, the local jurisdiction will be limited to applying only State Law standards without local refinements to all local ADU and JADU development projects.

The proposed ZTA will establish updated City procedures and development standards for ADUs and JADUs that align with recent State Laws. This serves to protect the City from legal challenges to the validity of its ADU ordinance while maintaining local control in regulating these projects. For a detailed analysis, please refer to the November 13, 2023, Planning Commission staff report’s analysis section (see Attachment B).

ENVIRONMENTAL
Pursuant to California Public Resources Code (PRC) Section 21080.17, adoption of the Zone Text Amendment and Ordinance is exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an Ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU law). The ZTA implements California Government Code Sections 65852.2 and 65852.22 within the City of Santa Fe Springs in a manner that is consistent with the requirements of State ADU/JADU Laws. As such, the proposed ZTA and Ordinance is exempt from CEQA.

DISCUSSION
As mentioned previously, the City was selected to participate in SCAG REAP for Advanced ADU Implementation. City staff collaborated closely with SCAG consultant, Woodsong Associates, and the City Attorney’s Office to develop a proposed Zone Text Amendment aligning the City's Zoning Ordinance regulations for ADUs and JADUs with recent State Laws. This update will enhance the City's Zoning Ordinance regulations for both ADUs and JADUs.

In addition to the essential updates mandated by State Laws, Woodsong Associates proposed further amendments to the City’s Zoning Ordinance to promote the production of ADUs and JADUs. After careful review, City staff determined that certain amendments proposed by Woodsong Associates did not align with the goals and policies of the residential land-use designations in Santa Fe Springs. Consequently, these changes were not included in the final draft Zone Text Amendment recommended by staff and the Planning Commission. Detailed descriptions of the proposed ZTA can be found in the November 13, 2023, Planning Commission staff report (see Attachment D).

LEGAL NOTICE OF PUBLIC HEARING
Legal notice was posted at Santa Fe Springs City Hall, the City’s Town Center Kiosk, the City’s Library, and also published in a newspaper of general circulation (Whittier Daily News) on December 21, 2023, as required by the State Zoning and Development Laws.

As of the date of this report, staff has not received any further inquiry regarding the proposed project.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024

Page 4 of 4 ends

SUMMARY
Staff and the Planning Commission are therefore recommending that the City Council approve and adopt Ordinance No. 1134 to effectuate the proposed amendments to the text of the City’s Zoning Ordinance and determined that the proposed ZTA is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.17.

ATTACHMENT(S):

A. Public Hearing Notice
B. November 13, 2023 Planning Commission Staff Report
C. Planning Commission Resolution No. 252-2023
D. Ordinance No. 1134
a. Exhibit A – Definitions Text Amendment
b. Exhibit B – Accessory Dwelling Unit Text Amendment
Attachment A: Public Hearing Notice
PUB HEARING - INTRODUCE ORD NO. 1134 - Page 1 of 1
181 W. Huntington Drive Suite#209
Monrovia, California 91016
(626) 544-0885
[email protected]
City of Santa Fe Springs
Attn: Linda Guerrero
Santa Fe Springs, California 90670
Account Number: 5007848
Ad Order Number: 0011638176
Customer's Reference/PO Number:

Publication: Whittier Daily News
Publication Dates: 12/21/2023
Total Amount: $612.96
Payment Amount: $0.00
Amount Due: $612.96
Notice ID: dRbpaGU3AWQr0A5kj6YO
Invoice Text: CITY OF SANTA FE SPRINGS NOTICE OF PUBLIC HEARING ZONE TEXT AMENDMENT TO ENSURE THAT THE CITY’S ZONING ORDINANCE IS ALIGNED WITH THE STATE’S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR

ACCESSORY DWELLING UNIT (JADU) REGULATIONS NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Fe Springs will hold a Public Hearing to consider the following: PROJECT: The City of Santa Fe Springs is proposing a Zone Text Amendment (ZTA) related to Section 155.003 (Definitions), Section 155.644 (Accessory Dwelling Unit), and Section 155.644.1 (Junior Accessory Dwelling Unit) of the City's Zoning Ordinance to align it with the State's ADU and JADU Regulations. CEQA STATUS: Pursuant to California Public Resources Code (PRC) Section 21080.17, adoption of the subject ZTA and Ordinance is exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU law). The ZTA implements California Government Code Sections 65852.2 and 65852.22 within the City of Santa Fe Springs in a manner that is consistent with the requirements of State ADU/JADU Laws. As such, the proposed ZTA and Ordinance is exempt from CEQA. PLANNING COMMISSION RECOMENDATION: After receiving the written and oral reports, input from the Southern California Association of Government (SCAG) ADU consultant, and public discussions during the Planning Commission meeting on November 13, 2023, the Commissioners voted 4-1, with Commissioner Flores voting ‘nay’, to approve and adopt Resolution No. 252-2023.

PUB HEARING - INTRODUCE ORD NO. 1134 - Page 1 of 1
Whittier Daily News
181 W. Huntington Drive Suite#209
Monrovia, California 91016
(626) 544-0885
FILE NO. 0011638176

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles County
I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years,
and not party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
WHITTIER DAILY NEWS, a newspaper of general
circulation for the City of Whittier, by the Superior Court of the County of Los Angeles County, State of California, on the date of October 10, 1960, Case Number 369393.

The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of
said newspaper and not in any supplement thereof on
the following dates, to wit:
12/21/2023
I declare under the penalty of perjury that the foregoing is true and correct.

Executed at Monrovia, California
On this 21st day of December, 2023.
______________________________
Signature

CITY OF SANTA FE SPRINGS

NOTICE OF PUBLIC HEARING
ZONE TEXT AMENDMENT TO ENSURE THAT THE CITY’S ZONING ORDINANCE IS ALIGNED WITH THE STATE’S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR

ACCESSORY DWELLING UNIT (JADU) REGULATIONS
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Fe Springs will hold a Public Hearing to consider the following:

PROJECT: The City of Santa Fe Springs is proposing a Zone Text Amendment (ZTA) related to Section 155.003 (Definitions), Section 155.644 (Accessory Dwelling Unit), and Section 155.644.1 (Junior Accessory Dwelling Unit) of the City's Zoning Ordinance to align it with the State's ADU and JADU Regulations.

CEQA STATUS: Pursuant to California Public Resources Code (PRC) Section 21080.17, adoption of the subject ZTA and Ordinance is exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU law). The ZTA implements California Government Code Sections 65852.2 and 65852.22 within the City of Santa Fe Springs in a manner that is consistent with the requirements of State ADU/JADU Laws. As such, the proposed ZTA and Ordinance is exempt from CEQA.

PLANNING COMMISSION RECOMENDATION: After receiving the written and oral reports, input from the Southern California Association of Government (SCAG) ADU consultant, and public discussions during the Planning Commission meeting on November 13, 2023, the Commissioners voted 4-1, with Commissioner Flores voting ‘nay’, to approve and adopt Resolution No. 252-2023. This resolution recommends that the City Council approve and adopt Ordinance No. 1134 to effectuate the proposed amendments to the text of the City’s Zoning Ordinance; and determined that the proposed ZTA is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.17.

PROJECT LOCATION: All parcels zoned residential or mixed-use within the City of Santa Fe Springs’ city boundaries.

THE HEARING will be held before the City Council of the City of Santa Fe Springs in the Council Chambers of the City Hall, 11710 Telegraph Road, Santa Fe Springs, on Thursday, January 11, 2024 at 6:00 p.m.

ALL INTERESTED PERSONS are invited to participate in the Public Hearing and express their opinion on the item listed above. Please note that if you challenge the aforementioned item in court, you may be limited to raising only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Clerk’s office, or prior to the Public Hearing.

PUBLIC COMMENTS may be submitted in writing to the City Clerk at [email protected]. Please submit your written comments by 12:00 p.m. on the day of the City Council meeting. You may also contact the City Clerk at: (562) 868- 0511.

FURTHER INFORMATION on this item may be obtained from Jimmy Wong, Associate Planner, via e-mail at: [email protected] or otherwise by phone at: (562) 868-0511 ext. 7451.

Attachment B: November 13, 2023 Planning Commission Staff Report ITEM #____

CITY OF SANTA FE SPRINGS

PLANNING COMMISSION AGENDA STAFF REPORT
TO: Members of the Planning Commission
FROM: Wayne M. Morrell, Director of Planning
BY: Jimmy Wong, Associate Planner
SUBJECT: PUBLIC HEARING TO CONSIDER THE PROPOSED ZONE TEXT AMENDMENTS TO ENSURE THAT THE CITY’S ZONING ORDINANCE
IS ALIGNED WITH THE STATE’S ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY DWELLING UNIT (JADU) STATUTES.

DATE: November 13, 2023
RECOMMENDATION(S):

It is recommended that the Planning Commission:
1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed zone text amendments related to ADU and JADU regulations; and
2) Find and determine that the proposed zone text amendments are consistent with the goals, policies, and program of the City’s General Plan; and 3) Find and determine that the proposed zone text amendments are consistent with the State’s ADU and JADU regulations; and
4) Find and determine that this Project is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.17 which provides an exemption for the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (the state ADU law); and
5) Adopt Resolution No. 252-2023, which incorporates the Planning Commission’s findings and actions regarding this matter; and
6) Recommend that the City Council approve and adopt Ordinance No. 1134 to effectuate the proposed amendments to the text of the City’s Zoning Ordinance; 3 PLANNING COMMISSION AGENDA REPORT– MEETING OF November 13, 2023

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and
7) Take such additional, related action that may be desirable.

FISCAL IMPACT
Adoption of the proposed Ordinance No. 1134 ,which implement zoning text amendments to the City’s Zoning Ordinance is not expected to have any immediate fiscal impact.

BACKGROUND/DISCUSSION
Background
On March 9, 2017, in response to changes in the State's ADU and JADU regulations, the City Council adopted Ordinance No. 1084, which updated the City's Zoning Ordinance to comply with the State's regulations at that time.

In 2021, the City of Santa Fe Springs applied for and was selected by the Southern California Association of Government (SCAG) and the State of California Department of Housing and Community Development (CA HCD) to participate in the SCAG 2020/2021 Sustainable Communities Program (SCP) as part of the Regional Early Action Program (REAP). The SCP is a multi-year program designed to support and implement the policies and initiatives of Connect SoCal, the 2020 Regional Transportation Plan, and the Sustainable Communities Strategy (RTP/SCS) and continues the themes of the previous round of funded projects.

The project type that the City had applied for was Advance Accessory Dwelling Unit Implementation. Its goal is to provide planning assistance to develop effective ADU implementation policies and programs, accelerating housing production and serving as best practices for other cities in the region. One of the project's primary deliverables is the update of the City's ADU and JADU ordinance to align with State laws and promote ADU and JADU productivity within the City.

Since the adoption of Ordinance No. 1084 in March of 2017, a new set of State ADU laws (SB-897, AB-2221, and AB-916) took effect on January 1, 2023, which invalidated certain provisions of the City's Zoning Ordinance related to ADUs and JADUs. (Attachment B) According to California Government Code Section 65852.2, local ordinances failing to meet the requirements of State ADU/JADU Laws may be deemed null and void in their entirety. Subsequently, the local jurisdiction will be limited to applying only State Law standards without local refinements to all local ADU and JADU development projects. The proposed Zoning Text Amendment (ZTA) will establish updated City procedures and development standards for ADUs and JADUs that align with recent State Laws.

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ANALYSIS
As previously mentioned, the City was selected to participate in SCAG REAP for Advanced ADU Implementation. City staff collaborated closely with SCAG consultant, Woodsong Associates, and the City Attorney’s Office to develop a proposed Zone Text Amendment that aligns the City's Zoning Ordinance regulations for ADUs and JADUs with recent State Laws. This update will update the City's Zoning Ordinance regulations for both ADUs and JADUs.

In addition to the essential updates mandated by State Laws, Woodsong Associates proposed further amendments to the City’s Zoning Ordinance, aimed at promoting the production of ADUs and JADUs. After careful review, City staff decided that certain amendments proposed by Woodsong Associates did not align with the goals and policies of the residential land-use designations in Santa Fe Springs. Consequently, these changes were not included in the final draft Zone Text Amendment (Attachment D) recommended by staff.

ZTA A (Attachment C) is proposed by the Woodsong Associates, and ZTA B (Attachment D) is proposed by staff. It should be noted that both proposed ZTAs align with State Law and have been reviewed by the City's attorney.

The table below provides a summary of both versions.

Category ZTA A (Woodsong Associates) ZTA B (Staff)
Section
155.003
(Definition)
Updated term related to Accessory
Dwelling Unit (ADU) under Section
155.003 (Definition).

Here's the list of updated terms:

Accessory Dwelling Unit (ADU)
Accessory Dwelling Unit, Junior (JADU)
Living Area
Staff recommends accepting all the
updates suggested by the consultant.

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Category ZTA A (Woodsong Associates) ZTA B (Staff)
Section
155.003
(Definition)
Added several new terms associated
with ADUs to Section 155.003
(Definition). These terms will enhance
our understanding and communication
regarding ADU-related topics.

Here's the list of new terms:

Carriage House
Efficiency Kitchen
Impact Fee
Nonconforming Zoning Condition
Objective Standards
Permit Fees
Permitting Agency
Proposed Dwelling
Public Transit
Tandem Parking, Residential
Staff recommends accepting all of the new
terms.

Staff recommends editing the terms
'Permit Fee' and 'Impact Fee' to apply to
both homeowners and developers, rather
than exclusively to ADU projects.

Section
155.644.

Accessory
Dwelling Units
Updated the "Intent" subsection under
Section 155.644 to align more closely
with State ADUs and JADUs Law.

Staff recommends accepting all the
consultant's revisions. Additionally, the
'Applications' subsection has been updated
to align more closely with State Law.

Section
155.644 (D).

Accessory
Dwelling Unit
Standards
Updated the "Allowable zones"
subsection under Section 155.644 to
include single family residential,
multifamily residential and mixed use
zone
Staff recommends accepting all updates
suggested by the consultant
Updated the "Number of ADUs"
subsection under Section 155.644 to be
consistent with the State Law.

Furthermore, the consultant is
recommending allowing two ADUs per
parcel zoned for single-family residential
use instead of the State minimum of one
ADU per parcel.

Staff recommends accepting all other
revision suggested by the consultant
beside the number of ADU per parcel.

Staff recommends allowing only one ADU
and one JADU per parcel. This decision is
in response to the ongoing parking issues
raised by residents. Allowing an additional
ADU could exacerbate the existing parking
problem in the City. Furthermore, with the
passage of SB9, residents will have the
ability to construct one additional unit on
top of the allowable ADU and JADU.

Updated the "Allowable forms"
subsection under Section 155.644 to be
consistent with the State Law.

Staff recommends accepting all the
updates suggested by the consultant.

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Category ZTA A (Woodsong Associates) ZTA B (Staff)
Section
155.644 (D).

Accessory
Dwelling Unit
Standards
Updated the "Floor area standards"
subsection under Section 155.644 by
increasing the allowable square footage
of an accessory dwelling unit with more
than one bedroom from 1,000 sf to 1,200
sf. Additionally, consultant suggest
eliminated the floor area restriction on
attached accessory dwelling units.

Staff recommends accepting all the
updates suggested by the consultant.

Section
155.644.1
Junior
Accessory
Dwelling Unit
Updated the "Setback standards"
subsection under Section 155.644 by:

1. Allowing accessory dwelling unit under
16' in height to have zero side and rear
setback.

2. Allow for carriage houses in the front
setback area

3. Accessory dwelling units can be
constructed within the front setback,
provided they are set back at least four
feet from the sidewalk line.

Staff recommends rejecting all proposed
updates from the consultant. Instead, we
recommend updating the setback
standards to meet the minimum
requirements of State Law:

1. Retain the applicable front setback
standard for the specific zone unless it
would prohibit the construction of at least
an 850 square foot accessory dwelling
unit.

2. Maintain the 4-foot setback from the
side and rear property lines.

3. Keep the existing setback requirement
for the conversion of an existing accessory
structure into an accessory dwelling
unit.Staff believes that encroaching into
the front yard should only be considered
as a last resort for constructing an
accessory dwelling unit. Additionally,
having no setback requirements for the
rear and sides could pose building health
and safety concerns to the neighboring
property.

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Category ZTA A (Woodsong Associates) ZTA B (Staff)
Section
155.644.1
Junior
Accessory
Dwelling Unit
Updated the 'Height standards'
subsection under Section 155.644 as
follows:

1. Detached accessory dwelling units
can have a maximum height of 25 feet.

2. Attached accessory dwelling units
must not exceed the maximum allowable
height of the base zone.

Staff recommend rejecting all proposed
updates from the consultant. Instead, we
recommend updating the setback
standards to meet the minimum
requirements of State Law:

1. Retain the maximum 16 feet height for
detach accessory dwelling unit.

2. As required by State law, staff
recommends allowing detached accessory
dwelling units on a lot within one-half mile
walking distance of a major transit stop or
high-quality transit corridor, as defined in
Public Resources Code Section 21155,
are allowed a maximum height of 18 feet.

An additional two feet in height is permitted
to align with the roof pitch of the primary
dwelling unit.

3. As required by State law, staff
recommends allowing for an accessory
dwelling unit that is attached to a primary
dwelling to not exceed 25 feet in height or
the height of the primary dwelling,
whichever is lower.

Staff is concerned that allowing two-story
ADUs may result in privacy issues for
neighboring properties, particularly in light
of the minimum setback requirement of 4
feet from both side and rear property lines.

Consequently, staff recommends updating
the height standard to align with the State
law's minimum requirement.

Remove the 'Location' subsection under
Section 155.644.

Staff recommends retaining the 'Location'
subsection to clearly identify the preferred
location of the proposed ADU.

Updated the 'Manufacturing ADU'
subsection under Section 155.644 to
include factory-built ADUS, and modular
ADUs, as required by State laws.

Staff recommends accepted all updates
suggested by the consultant
Remove the 'Parking' subsection under
Section 155.644.

Staff recommends retaining the 'Parking'
subsection. This decision is in response to
the ongoing parking issues raised by
residents. By removing this section, no
parking will be required for any type of
ADU or JADU development.

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Category ZTA A (Woodsong Associates) ZTA B (Staff)
Section
155.644.1
Junior
Accessory
Dwelling Unit
Combine and update the 'Replacement
parking' subsection with 'Parking'
subsection under Section 155.644 as
follows:

1. Remove the parking requirement for
ADUs and JADUs.

2. Eliminate the need for replacement
parking, irrespective of the parcel's
distance from a transit stop.

Staff recommends keeping the
'Replacement parking' subsection in
response to the parking issues raised by
residents. Without this section, no parking
would be required for any ADU or JADU
development, even when existing parking
is removed.

Updated the 'Owner occupancy'
subsection under Section 155.644 to not
require owner occupancy for any of the
unit in the parcel.

Staff recommends accepting all the
updates suggested by the consultant.

Updated the 'Rentals and separate sale
of ADUs' subsection under Section
155.644 to align with State Laws. This
update permits the sale of ADUs under
specific provisions and requirements.

Furthermore, the consultant
recommends allowing ADUs to be sold
or conveyed separately from the primary
home as condominiums, subject to the
following requirements listed Section
155.644 (D)(12)(b), irrespective of
income level.

Staff recommends accepting only the
updates mandated by State Laws and
rejecting updates that allow ADUs to be
sold separately, irrespective of income
level.

With the passage of SB9, residents
already have the ability to sell a second
dwelling through an urban lot split
irrespective of income level. Additionally,
the new condominium provision in state
law applies only if a city adopts an
ordinance allowing for it. Therefore, the
City is not required to adopt this provision.

Staff recommends updating the language
in the 'Utility connection or capacity
charges' subsection in accordance with the
City's attorney recommendations to be
consistent with State Laws.

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Category ZTA A (Woodsong Associates) ZTA B (Staff)
Updated the 'Impact fee' subsection
under Section 155.644 to be consistent
with State law.

Staff recommends accepting all the
updates suggested by the consultant.

Removed the 'Deed restriction'
subsection and requirement under
Section 155.644.

Staff recommends accepting all the
updates suggested by the consultant.

Updated the 'Design standard'
subsection under Section 155.644 to
align with State law on objective design
standards.

Staff recommends accepting all the
updates suggested by the consultant.

Updated the 'Mandatory application
approvals' subsection under Section
155.644 to 'ADU application approvals'.

Updated the language to align the
language with State law regarding
application approval.

Staff recommends accepting most of the
updates proposed by the consultant.

However, we advise against adopting
subsection (2) at this time because the
City is still in the process of creating the
pre-approved ADU plans, and this
subsection is not required to be adopted
until 2025
Updated the 'Existing unit' subsection
under Section 155.644 to align with State
law on existing ADUs constructed prior to
2018.

Staff recommends accepting all the
updates suggested by the consultant.

Staff recommends updating the language
under the 'Intent' and 'Administrative
review' subsections, as recommended by
the City's attorney.

Section
155.644.1 (C)
Junior
Accessory
Dwelling Unit
Standards
Updated the 'Number allowed'
subsection to allow for two ADUs and
one JADU per residential parcel.

Staff recommends allowing only one ADU
and one JADU per parcel. As mentioned
previously, this decision is in response to
the ongoing parking issues raised by
residents. Allowing an additional ADU
could exacerbate the existing parking
problem in the City. Furthermore, with the
passage of SB9, residents will have the
ability to construct one additional unit on
top of the allowable ADU and JADU.

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Category ZTA A (Woodsong Associates) ZTA B (Staff)
Section
155.644.1 (C)
Junior
Accessory
Dwelling Unit
Standards
Staff recommends updating the language
in the 'Allowable location' subsections to
clarify that residents can convert their
attached garage into a JADU.

Updated the 'Kitchen required'
subsection to provide a clearer definition
of what constitutes a kitchen within a
JADU.

Staff recommends accepting all the
updates suggested by the consultant.

Staff recommends updating the language
under the 'Enforcement' subsections, as
recommended by the City's attorney.

DISCUSSION
Authority of the Planning Commission
The Planning Commission hearing to consider the proposed Zone Text Amendment related to Section 155.003 (Definitions), Section 155.644 (Accessory Dwelling Unit), and Section 155.644.1 (Junior Accessory Dwelling Unit), are required by State Statute and provides an opportunity for the community and interested parties to provide their comments regarding the Project. Furthermore, because the Project is an amendment to the City’s Municipal Code, the Planning Commission’s recommendation regarding the proposed updates will be forwarded to the City Council for their consideration at a subsequent public hearing, tentatively scheduled for December 5, 2023.

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SUMMARY
Reports Received
On August 31, 2023, the Planning Department staff submitted a draft Zone Text Amendment (ZTA) and the proposed ZTA by Woodsong Associates (Attachment C) to the City Attorney’s Office for review and comments. Staff has incorporated the City's Attorney's recommendations into the final proposed ZTA, as outlined in Attachment D.

Public Notification
This matter was set for Public Hearing in accordance with the requirements of Sections 65090 and 65091 of the State Planning, Zoning, and Development Laws and the requirements of Sections 155.860 through 155.864 of the City’s Municipal Code.

The legal notice was posted at Santa Fe Springs City Hall, the City’s Town Center Kiosk, the City’s Library, and also published in a newspaper of general circulation (Whittier Daily News) on November 2, 2023, as required by the State Zoning and Development Laws.

As of the date of this report, staff has not received any further inquiry regarding the proposed project.

ATTACHMENT(S):

A. Attachment A – Public Hearing Notice
B. Attachment B – New ADU State Laws
C. Attachment C – ZTA A by Woodsong Associate
D. Attachment D – ZTA B by Staff
E. Attachment E – Resolution No. 252-2023
F. Attachment F – Draft Ordinance No. 1134

Please contact the Planning Department at (562) 868-0511, ext. 7550 or [email protected] for more information.

How tall of an ADU can be built under new State laws?
Attached ADUs that are affixed to the primary dwelling are allowed to be up to two stories with a height of up to 25 feet, or the height limit in the underlying zoning, whichever is lower. If there is an existing or proposed garage attached to the primary dwelling, this would allow for an ADU to be built above the attached garage.

Detached ADUs within ½ mile walking distance of transit are allowed up to 18 feet in height, plus an additional two feet in height allowance to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.

Transit is defined as either a major transit stop or a HighQuality Transit Corridor (HQTC); however, currently, Santa Fe Springs is not served by any such qualifying transit service.

On a property with an existing or proposed multifamily, multi-story dwelling, an ADU height allowance is provided of 18 feet. This applies to all lots that allow multifamily residential uses, regardless of relative proximity to transit.

The existing height allowance of 16 feet is maintained for all ADUs not covered by one of the previous three exemption categories above. This height is generally considered
insufficient to allow for two-story ADUs.

What is the new ADU approval process, under State law? The new 2022 ADU bills clarify that within 60 days of receiving a completed application for an ADU, the local agency must approve or deny the permit application.

If the local agency denies the application, then it must, within the 60-day period, provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant to be approved upon submittal. The 60-day clock is paused if the application is returned to the applicant with this set of comments. Once the applicant has submitted a corrected application, then the 60-day clock resumes.

If the local agency has not approved or denied the completed application within 60 days, then the application shall be deemed approved. This applies to all “Permitting Agencies” defined as “any entity that is involved in the review of a permit for an ADU”. Examples include, but are not limited to, the Planning Division, Building and Safety Division, Public Works Department, Los Angeles County Fire Department,
utilities, and special districts.

FAQS about new ADU Laws for 2023
On September 28, 2022, Governor Newsom signed new laws into effect impacting ADUs:

SB 897, AB 2221, and AB 916. Taking effect as of January 2023, these laws made changes to the statewide regulatory standards that apply to ADUs, including providing a height allowance for two-story ADUs statewide, and further clarified the expected processes for issuance of a building permit within 60 days of the submittal of an application to build an ADU.

How to construct an ADU
on YOUR property
ADUs are a rather unique homeownerinitiated housing type. You can expect that the ADU process will follow these general
steps:

SECURE FINANCING: Common sources of
financing for ADUs include home equity
loans, savings, second mortgages, and/or
funds from family members.

HIRE A DESIGNER: A full set of
professionally drawn site and floor plans by
an architect or design team are needed for
approval of ADUs.

APPLY FOR PERMITS: Site plans and floor
plans are preliminarily reviewed by the
Planning Division. A site visit is
conducted to evaluate the accuracy of
the submitted plans. Planning approval,
full-scale construction drawings, and an
administrative action form are submitted
to the Building and Safety Division for
plan check review. The application is
approved and a building permit is issued
or the applicant is given another list of
corrections to address before approval.

CONSTRUCTION: Once the building
permit is approved and issued, a licensed
contractor can execute the approved
ADU plans. Inspections will be
conducted and a Permit Final will be
issued.

The final step is to ENJOY YOUR ADU!
Can an attached ADU be built on the second story of
a home? Yes. Two-story attached ADUs are allowed
as part of the new height exemptions. Existing State
law already allowed livable space on the second floor
of a residence to be converted to an ADU or JADU.

With changes to the height allowance regulations,
can a detached garage be converted to a two-story
ADU? In most cases, yes, the conversion of an
existing accessory structure to a two-story ADU is
allowed. ADUs built within the footprint of existing
accessory structures are not required to comply
with several ADU regulations including maximum
size restrictions, setbacks, or lot coverage
requirements. However, the conversion of an
existing garage to an ADU is not always the most
quick, simple or cost-effective method to construct
an ADU on a property. Converting a single-story
garage to a two-story ADU will most likely require
deeper footings to reinforce the existing foundation.

Building a two-story ADU also may require approval
from Southern California Edison, as there may be
easements of up to 10 feet to accommodate power
lines. Even with an approved building permit,
homeowners are encouraged to delay construction
until final approval from Edison is granted.

Can an ADU be built within the front setback
between a house and the public street? In certain
situations, yes. The new legislation stressed that
every lot that allows residential uses has a right to
construct at least an 800 sf ADU. If such an ADU
does not fit within the rear or side yard, then the
ADU is allowed within the front setback.

If a property has a nonconforming building, should
the applicant be worried about applying to build an
ADU? This should no longer be a barrier to
constructing an ADU. AB-2221 and SB-897 clarify
that local agencies shall not deny a permit to create
an ADU due to the presence of nonconforming
zoning conditions, building code violations, or
unpermitted structures, as long as they do not
present a threat to public health or safety, and are
not affected by the construction of the ADU.

However, these conditions would need to be
corrected in the future, and most owners choose to
address them with the ADU project.

If the applicant wants to replace a detached garage
with an ADU, do any special processes need to be
followed? The 2023 updates to State law state that
local agencies must review and issue demolition
permits for detached garages to be replaced with an
ADU at the same time as the application to create the
ADU. Further, any requirement for the ADU applicant
to provide written notice or post a placard for the
demolition of a detached garage is prohibited, unless
the property is located within an architecturally and
historically significant historic district.

If a property has an unpermitted ADU built prior to
2018, can it be legalized? Yes. The updated State
ADU regulations state that local jurisdictions must
provide a pathway to legalization of unpermitted
ADUs constructed prior to 2018. Additionally, a local
agency must approve any permit to legalize an
unpermitted ADU built prior to 2018, even if it is in
violation of building standards, State ADU code, or
local ADU ordinances, unless the structure is deemed
substandard, or if the local agency finds that
correcting the violation is necessary to protect the
health and safety of the public or of occupants of the
structure. When a record of the issuance of a building
permit for the construction of an existing ADU does
not exist, the building official shall determine when
the residential unit was constructed, apply the
building standards in effect on that date, and issue a
retroactive building permit for that construction.

However, any new alteration, remodeling, and/ or
addition to the existing unpermitted work is required
to comply with the current California building codes,
and other regulations.

If the current home does not have fire sprinklers,
but fire sprinklers would now be required in a new
structure due to updates to the fire code, is there a
requirement to install sprinklers in a new ADU? No.

The updated State ADU regulations strengthened
language around this issue. Fire sprinklers are not
required in an ADU unless already installed in the
existing home. Also, the installation of fire
sprinklers cannot be required for the primary
dwelling as a condition of approval for an ADU.

Key:

ACCESSORY DWELLING UNIT (ADU). Either a detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. An ACCESSORY DWELLING UNIT ADU may also be located within an existing or proposed primary dwelling unit. An ACCESSORY DWELLING UNIT ADU also includes the following:
(1) An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1. (2) A manufactured home, as defined in California Health and Safety Code § 18007. A factory-built ADU, such as manufactured homes as defined in California Health and Safety Code § 18007, or in the Code of Federal Regulations governing manufactured homes: Code of Federal Regulations Title 24, Housing and Urban Development, Part 3280, Manufactured Home Construction and Safety Standards, Subsection 3280.2, “Definitions."
(3) A factory-built modular ADU that complies with the standards of Chapter 155.644 (D).

ACCESSORY DWELLING UNIT, JUNIOR (JADU). A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within a singlefamily residence (1) Is no more than 500 square feet in size;
(2) Is contained entirely within an existing or proposed single-family structure; (3) Has or shares sanitation facilities within the existing or proposed single-familty structure;
(4) Includes an efficiency kitchen.
*****
CARRIAGE HOUSE. An ADU that is located above a detached garage. *****
EFFICIENCY KITCHEN. A kitchen that includes each of the following:
(1) An area used for cooking, with kitchen appliances;
(2) A food preparation counter that is adequate for the size of the unit; and (3) Food storage cabinets that are adequate for the size of the unit. *****
IMPACT FEE. A monetary exaction that is charged by the City to a homeowner in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities, public improvements, public services, and community amenities; this does not include fees for processing applications for governmental regulatory actions or approvals or any connection fee or capacity charge charged by a local agency, special district, or water corporation. *****
LIVING AREA. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure. *****
NONCONFORMING ZONING CONDITION. A physical improvement on a property that does not conform with current zoning standards.
*****
OBJECTIVE STANDARDS. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
*****
PERMIT FEES. A monetary exaction charged to a homeowner in connection with an application for a permit for the reimbursement of expenses incurred during the processing and review of the application, but not fees otherwise classified as impact fees.

PERMITTING AGENCY. Any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, fire departments, utilities, and special districts. *****
PROPOSED DWELLING. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
*****
PUBLIC TRANSIT. 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, RESIDENTIAL. Two or more automobiles parked on a permitted parking are lined up behind one another.

Key:

Accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others, additional housing at below market prices within existing neighborhoods. Homeowners who create accessory dwelling units can benefit from added income, and an increased sense of security.

Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code § 65852.2. (B) Interpretation. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required.
(C)Applications.
(1) Administrative Review. All accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development and a permit issued within 60 days upon presentation of a complete application to build an accessory dwelling unit if the plans conform to the standards and criteria provided in subsection (D) and (E) of this section. If the accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the permit application until the City acts on the permit application for the new single-family dwelling. The City shall grant a delay if requested by the applicant.
(2) Fees. Applications for an accessory dwelling unit shall be accompanied by an application fee and shall be subject to applicable inspection and permit fees. (D) Accessory dwelling unit standards. The following standards and criteria shall apply to the creation of an accessory dwelling unit:
(1) Allowable zones. The accessory dwelling unit shall be allowed only on a lot or parcel that is zoned for single family residential, multifamily residential or mixed use with an existing or proposed residential dwelling.
(2) Number of ADUs. There shall not be more than one accessory dwelling unit per lot or parcel, except as provided for in § 155.644(F)(1)(a). (a) There shall not be more than two ADUs, and one JADU within the walls of the existing or proposed residence, per lot or parcel that is zoned for single family residential use.
(b) On a lot with existing multifamily dwelling structures, at least one unit and up to 25% of the total multifamily dwelling units are allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(c) On a lot with an existing or proposed multifamily dwelling, not more than two detached units, subject to the height limitation set forth in subsection (D)(7), and at least a four-foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5). The city shall not require any modifications to an existing multifamily dwelling that has a rear or side yard setback of less than four feet if the proposed accessory dwelling unit satisfies the provisions of this subsection. (3) Conformance with zoning and General Plan. An accessory dwelling unit that conforms to the development standards of this section is deemed to be an accessory use and/or structure and will not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to conform to the zoning and General Plan. (4) Allowable forms. The accessory dwelling unit may be attached to or detached from the primary residential dwelling or located within an existing or proposed singlefamily residence, including a garage, or within an accessory structure. (5) Floor area standards.
(a)The detached or attached accessory dwelling unit with one or less bedroom shall not exceed a total floor area of 850 square feet. (b)The detached or attached accessory dwelling unit with more than one bedroom shall not exceed a total floor area of 1,000 1,200 square feet. (c)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling. (dc) The minimum floor area for an accessory dwelling unit shall be 150 square feet.
(6) Setback standards.
(a) The accessory dwelling unit shall comply with the front setback standard applicable to the specific zone in which it is located, unless otherwise modified by this section.
(b) Any portion of tThe accessory dwelling unit that is above 16 feet in height shall be set back no less than four feet from the side and rear property line. (c) Notwithstanding any other provision of this section, no setback shall be required for an existing permitted living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (d) Carriage houses are allowed in the front setback.
(e) An ADU may be constructed within the front setback, provided it is set back at least four feet from the sidewalk line.
(7) The accessory dwelling unit shall not be greater than 16 feet in height.Allowable ADU Height. Detached accessory dwelling units shall not be greater than 25 feet in height; attached ADUs shall not exceed the maximum allowable height of the base zone. (8) The attached or detached accessory dwelling unit shall be located within, to the rear, or to the side of the existing or proposed primary residence unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as a previously existing approved accessory structure, including an attached or detached garage.
(98) Regulating code. The accessory dwelling unit shall comply with all building, safety, fire and health codes, and all other applicable laws and regulations. Accessory dwelling units are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.
(109) Manufactured ADUs. Manufactured housing, factory-built accessory dwelling units, and modular accessory dwelling units is are allowed in compliance with the provisions herein and Health and Safety Code § 18007; however, mobile homes, trailers and recreational vehicles shall not be used as accessory dwelling units. (1110) Parking. In addition to all other required off-street parking, parking requirements for accessory dwelling units shall not exceed one space per unit. Parking may also be located in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city. Mechanical parking lifts may also be used for replacement parking.
(12) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of or conversion to an accessory dwelling unit, no replacement parking shall be required. Additionally, no parking shall be required for an accessory dwelling unit in any of the following instances:
(a) Off-street parking is not required for an ADU or JADU. The accessory dwelling unit is located within one-half mile walking distance of public transit. (b) When a garage, carport or covered parking structure is demolished in conjunction with the construction of or conversion to an ADU, no replacement parking shall be required. The accessory dwelling unit is located within an architecturally and historically significant historic district.
(c) If an applicant chooses to add parking when adding an ADU, parking may be located in setback areas, or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions. Mechanical parking lifts may also be used. The accessory dwelling unit is part of the existing primary residence or an existing permitted accessory structure.
(d) When on-street parking permits are required but has not offered to the occupant of the accessory dwelling unit.
(e) When there is a car share vehicle located within one block of the accessory dwelling unit.
(1311) The owner of the property on which the accessory dwelling unit is located shall reside in either of the dwelling units on the property as his/her/their principal residence. This is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded prior to occupancy of the accessory dwelling unit. This provision shall not apply to an accessory dwelling unit approved between January 1, 2020, and January 1, 2025. Owner occupancy. Owner- occupancy is not required of the primary residence with an attached or detached ADU, or the ADU on the same lot as the primary residence.
(1412)Rentals and separate sale of ADUs. The accessory dwelling unit and the primary residential dwelling may be rented concurrently, provided that the term of the rental is at least 31 days or more. , but the accessory dwelling unit shall not be sold or owned separately from the primary dwelling, An accessory dwelling unit may be sold or conveyed separately from the primary residence, only if:
(a) The accessory dwelling unit is sold to a qualified buyer, including persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code, and all of the following apply:
(I) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, one that is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (II) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(III)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence. (D)Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owneroccupied housing units and will be sold or resold to a qualified buyer. (E) The tenancy in common agreement shall include all of the following:
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. (ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(iii) Procedures for dispute resolution among the parties before resorting to legal action.
(IV) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located.

A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (V) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) An ADU may be sold or conveyed separately from the primary home as a condominium, subject to the following requirements:
(I) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(II) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (III)Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted, as evidenced either through a certificate of occupancy from the local agency, or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (IV)The following requirements must be met prior to recordation of the condominium plan with the county recorder:
(A) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(i) A lienholder may refuse to give consent.
(ii) A lienholder may consent, provided that any terms and conditions required by the lienholder are satisfied.
(B) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder, along with a signed statement from each lienholder that states as follows:
(i) (Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion, and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” (C)The lienholder’s consent shall be included on the condominium plan, or on a separate form attached to the condominium plan, that includes the following information:
(i) The lienholder’s signature.
(ii) The name of the record owner or ground lessee.
(iii) The legal description of the real property.
(iv) The identities of all parties with an interest in the real property, as reflected in the real property records.
(D)The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located. (c) An ADU on a property that is zoned for single family residential may be conveyed separately from the primary unit using a lot split, subject to the provisions of Senate Bill 9.
(1513) Utility connection or capacity charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (a) For attached units or units located within the living area of proposed or the existing single-family dwelling and meeting the definition of § 155.644(F)(1)(a) below, the city shall not require the applicant to install a new or separate utility connection between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. Such requirements and charges may be imposed when the accessory dwelling unit is being constructed in connection with a proposed singlefamily residential dwelling. (b) For all other accessory dwelling units other than those described in § 155.644(D)(1614)(a) below, the city may require a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU upon the water or sewer system based upon either its size or the number of its plumbing fixtures, and may not exceed the reasonable cost of providing the water or sewer service.
(1614) Impact fees.
(a) No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size, except for impact fees used to fund schools, which shall not be imposed on any ADU of or less than 500 square feet in size. (b) For accessory dwelling units 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. (c) All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Cal. Government Code §§ 66000 et seq. and 66012 et seq.
(d) For purposes of this section, "impact fee" shall have the same meaning as set forth in Cal. Government Code § 65852.2(f).
(1715) Prior approvals. The provisions of this section shall not apply to any accessory dwelling units for which the city issued conditional use permits prior to the effective date of this section.
(18) Prior to obtaining a building permit for the accessory dwelling unit, a deed restriction, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section. (E) Design standards.
(1) The accessory dwelling unit shall be designed to be architecturally compatible with the primary dwelling. A site plan, elevations and floor plan depicting said architectural compatibility shall be submitted to the Director of Planning and Development for ministerial review and approval prior to the issuance of any building permits. A site plan, elevations and floor plan depicting the location of the accessory dwelling unit in relation to the primary dwelling shall be submitted to the Director of Planning and Development for ministerial review and approval prior to the issuance of any building permits. (2) When feasible, windows facing an adjoining residential property shall be designed to protect the privacy of neighbors. If window placement does not protect privacy, then fencing or landscaping might be used to provide screening. Windows and doors of an ADU shall not have a direct line of sight to an adjoining residential property.

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Windows and glass doors that face an adjoining property and are within fifteen (15) feet of a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (3) An accessory dwelling unit shall have a separate exterior entrance from the primary dwelling unit.
(4) To the maximum extent feasible, the accessory dwelling unit shall not alter the appearance of the primary single-family dwelling unit.
(5) When feasible, no more than one exterior entrance on the front or on any streetfacing side of the primary dwelling unit and accessory dwelling unit combined. (64) No exterior stairway shall be located on the front or on any street-facing side of the accessory dwelling unit.
(F) Mandatory ADU Application Approvals.
(1) Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone:
(a) A junior or accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure subject to the following requirements:

1. An expansion of up to 150 square feet shall be allowed in an accessory structure that is converted to an ADU solely for the purposes of accommodating ingress and egress.

2. The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling.

3. The side and rear setbacks shall be sufficient for fire and building and safety.

4. If the unit is a junior accessory dwelling unit, it shall comply with the requirements of § 155.644.1 below.
(b) One detached or attached accessory dwelling unit subject to the following requirements:

1. The accessory dwelling unit shall be set back no less than four feet from the side and rear property line.

2. The accessory dwelling unit shall be on a lot or parcel with an existing or proposed single-family dwelling.

3. The accessory dwelling unit shall not exceed 800 square feet in size.

4. The accessory dwelling unit shall not exceed 16 feet in height.

5. A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit, it shall comply with all requirements of § 155.644.1 below.
(c) On a lot with a multifamily dwelling structure, up to 25% of the total multifamily dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but no limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(d) On a lot with a multifamily dwelling structure, up to two detached units, provided that neither unit is greater than 16 feet in height, is provided with at least a four foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5).
(2) For those accessory dwelling units which require mandatory approval, the city shall not require the correction of legal, nonconforming zoning conditions. (1) A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City and any associated permitting agencies including, but not limited to, applicable planning departments, building departments, consultants or contractors working as agents of the City, utilities, and special districts, shall approve and issue a building permit or deny the application to create or serve an ADU or a JADU within 60 calendar days after receiving a completed application if there is an existing primary dwelling on the lot and if it meets the minimum ADU and/or JADU standards of this chapter.
(a) If the City and any associated permitting agencies has not approved or denied the completed application within 60 days, the application shall be deemed approved and a building permit issued for its construction.
(b) If the City or any associated permitting agencies denies an application for an ADU or JADU pursuant to paragraph (a), the City and any associated permitting agencies shall, within the 60 day time period, transmit to the applicant a list of items that are defective or deficient and a description of how the application can be remedied. (c) If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City and any associated permitting agencies may delay approving or denying the permit application for the ADU or JADU until the City approves or denies the permit application to create the new dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.
(d) If the applicant requests a delay, the 60-day time period shall be paused for the period of the delay. If the permit application is returned to the applicant with a list of corrections requested to comply with applicable codes and regulations, any accounting of the 60-day time period shall be paused for the period of time until the applicant resubmits a corrected application. (e) A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU, and a building permit for the ADU shall be issued at the same time as the demolition permit; the applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU.
(2) The City and any associated permitting agencies including, but not limited to, applicable planning departments, building departments, consultants or contractors working as agents of the City, utilities, and special districts, shall approve and issue a building permit or deny the application to create or serve an accessory dwelling unit plan within 30 calendar days after receiving a completed application, if:
(a) The plan been pre-approved by the City within the current triennial California Building Standards Code rulemaking cycle, or (b) The plan is identical to a plan used in an application for a detached accessory dwelling unit approved by the City within the current triennial California Building Standards Code rulemaking cycle.
(3) The City shall not require the correction of existing legal, nonconforming zoning conditions prior to issuing a permit for an ADU.
(G)Enforcement. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that substantially provides as follows: Existing Units. (1) You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Planning Department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice. Existing ADUs that have not been approved by the City are required to obtain approval in order to be considered a lawful use. An application for an unpermitted ADU that was constructed before January 1, 2018 shall not be denied due to violations of building standards, or if the unpermitted ADU does not comply with Chapter 155 of the Santa Fe Springs Municipal Code, unless it is found that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure pursuant to Section 17920.3 of the Health and Safety Code. An application for an unpermitted ADU for which a building permit does not exist shall be approved based the version of the applicable Building Standards Code in effect when the residential unit was determined to be constructed for the purposes of issuing a building permit; the appropriate enforcement official may make a determination of the date of construction, and issue a retroactive building permit for that construction. (2) This provision shall only apply if the accessory dwelling unit was built before January 1, 2020 and after July 25, 2020. The City shall delay enforcement of building standards that are not a matter of public health and safety for existing ADUs upon request of the ADU owner, as follows:
(a) ADUs built prior to January 1, 2020 are eligible, or ADUs built on or after January 1, 2020 at a time that the City had a noncompliant ADU ordinance. (b) Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an ADU that substantially provides as follows:
(i) You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Planning Department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
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Key:

Normal Text = Existing unmodified Code language
Strikethrough Text = Proposed language to be removed from existing Code Underline Text = Proposed language to be added to Code
***** = Existing unmodified Code language not included in exhibit for sake of brevity Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.644.1 JUNIOR ACCESSORY DWELLING UNITS is hereby amended as follows:
§ 155.644.1 JUNIOR ACCESSORY DWELLING UNITS.
(A) Intent. In enacting this section, it is the intent of the city to encourage the provision of junior accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Junior accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create junior accessory dwelling units can benefit from added income, and an increased sense of security.

Allowing junior accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of junior accessory dwelling units consistent with Cal. Government Code § 65852.22. (B) Administrative review. All junior accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development and a permit issued within 60 days upon presentation of a complete application to provide a junior accessory dwelling unit if the plans conform to the standards and criteria provided in § 155.644.1(C) and (D). If the junior accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the permit application until the city acts on the permit application for the new single-family dwelling. The city shall grant a delay if requested by the applicant.
(C)Junior Accessory Dwelling Unit Standards. The following standards and criteria shall apply to the creation of a junior accessory dwelling unit:
(1) Number allowed. A maximum of one junior accessory dwelling unit shall be permitted No more than two ADUs, and one JADU within the wall of the existing or proposed residence, are allowed per residential lot containing an existing or proposed single-family dwelling. Junior accessory dwelling units do not count towards the density requirements of the general plan or zoning ordinance.
(2) Owner occupancy. The property owner shall occupy either the main singlefamily dwelling or the junior accessory dwelling unit. (3) Tenure. The junior accessory dwelling unit or the main single-family dwelling may be rented, provided the rental term is at least 31 days or more, but the junior accessory dwelling unit shall not be sold or owned separately from the single-family dwelling
(4) Allowable location. The junior accessory dwelling unit must be created within the existing walls of an existing single-family dwelling. (5) Size. The junior accessory dwelling unit shall not exceed 500 square feet in size.
(6) Entrance. The junior accessory dwelling unit shall include a separate exterior entrance from the main entrance to the single-family home. An interior entry to the main living area shall be required if the junior accessory dwelling unit shares sanitary facilities with the single-family home. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
(7) Kitchen required. The junior accessory dwelling unit shall include a food preparation area, requiring and limited to the following components:
(a) A cooking facility with appliancesAn area used for cooking, with kitchen appliance; and
(b) A food preparation counter and storage cabinets, which may not be required to exceed six feet in length.
(8) Parking. No additional off-street parking is required beyond that required for the main single-family dwelling.
(9) Utility service. A separate water connection or meter, and a separate sewer service connection are not required for a junior accessory dwelling unit. Water and sewer service for the junior accessory dwelling unit is shared with the main single-family dwelling unit.
(10) Applicable codes. The junior accessory dwelling unit shall comply with all applicable building standards and shall be subject to permit and inspection fees to ensure such compliance. Fire sprinklers shall only be required if they are required in the existing or proposed single-family residence.
(11) Regulations and connection fees. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(12) Deed restriction. Prior to obtaining a building permit for the junior accessory dwelling unit, a deed restriction, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.
(D)Enforcement. The city shall not require the correction of a legal, nonconforming zoning conditions for approval of a junior accessory dwelling unit.

Key:

ACCESSORY DWELLING UNIT, JUNIOR (JADU). A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within a singlefamily residence (1) Is no more than 500 square feet in size;
(2) Is contained entirely within an existing or proposed single-family structure; (3) Has or shares sanitation facilities within the existing or proposed single-familty structure;
(4) Includes an efficiency kitchen.
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CARRIAGE HOUSE. An ADU that is located above a detached garage. *****
EFFICIENCY KITCHEN. A kitchen that includes each of the following:
(1) An area used for cooking, with kitchen appliances;
(2) A food preparation counter that is adequate for the size of the unit; and (3) Food storage cabinets that are adequate for the size of the unit. *****
IMPACT FEES. A monetary exaction that is charged by the City to a property owner and/or project applicant in connection with approval of a project for the purpose of defraying all or a portion of the cost of public facilities, public improvements, public services, and community amenities; this does not include fees for processing applications for governmental regulatory actions or approvals or any connection fee or capacity charge charged by a local agency, special district, or water corporation. *****
LIVING AREA. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure. *****
OBJECTIVE STANDARDS. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
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PERMIT FEES. A monetary exaction charged to a property owner and/or project applicant in connection with an application for a permit for the reimbursement of expenses incurred during the processing and review of the application, but not fees otherwise classified as impact fees.

PERMITTING AGENCY. Any entity that is involved in the review of a permit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, fire departments, utilities, and special districts. *****
PROPOSED DWELLING. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
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PUBLIC TRANSIT. 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, RESIDENTIAL. Two or more automobiles parked on a permitted parking are lined up behind one another.

Key:

Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code § 65852.2. (B) Interpretation. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required.
(C) Applications.
(1) Administrative Review. All accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon presentation receipt of a completed application to build an accessory dwelling unit if the plans conform to the complying with the standards and criteria provided set forth in § 155.644(D) and (E) this section. If an application for accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the accessory dwelling unit permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, Tthe city shall grant a delay if requested by the applicant andand the the city’s 60-day period for consideration will be tolled during thatfor the period of the requested delay.
(2) Fees. Applications for an accessory dwelling unit shall be accompanied by an application fee and shall be subject to applicable inspection and permit fees. (D) Accessory dwelling unit standards. The following standards and criteria shall apply to the creation of an accessory dwelling unit:
(1) Allowable zones. The accessory dwelling unit shall be allowed only on a lot or parcel that is zoned for single family residential, multifamily residential or mixed use with an existing or proposed residential dwelling.
(2) Number of ADUs. There shall not be more than one accessory dwelling unit per lot or parcel, except as provided for in § 155.644(F)(1)(a). (a) There shall not be more than one ADU, and one JADU within the walls of the existing or proposed residence, per lot or parcel that is zoned for single family residential use.
(b) On a lot with existing multifamily dwelling structures, at least one unit and up to 25% of the total multifamily dwelling units are allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(c) On a lot with an existing or proposed multifamily dwelling, not more than two detached units, subject to the height limitation set forth in subsection (D)(7), and at least a four-foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5). The city shall not require any modifications to an existing multifamily dwelling that has a rear or side yard setback of less than four feet if the proposed accessory dwelling unit satisfies the provisions of this subsection. (3) Conformance with zoning and General Plan. An accessory dwelling unit that conforms to the development standards of this section is deemed to be an accessory use and/or structure and will not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to conform to the zoning and General Plan. (4) Allowable forms. The accessory dwelling unit may be attached to or detached from the primary residential dwelling or located within an existing or proposed singlefamily residence, including a garage, or within an accessory structure. (5) Floor area standards.
(a) The detached or attached accessory dwelling unit with one or less bedroom shall not exceed a total floor area of 850 square feet. (b) The detached or attached accessory dwelling unit with more than one bedroom shall not exceed a total floor area of 1,000 1,200 square feet. (c) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling. (dc) The minimum floor area for an accessory dwelling unit shall be 150 square feet.
(6) Setback standards.
(a) The accessory dwelling unit shall comply with the front setback standard applicable to the specific zone in which it is located, unless doing so would prohibit the construction of at least an 850 square foot accessory dwelling unit. The first priority placement shall be in the rear of a property, developed in compliance with the required setbacks. If proposed at the front of a property, the front setback shall be maximized to the extent allowed within these requirements. Notwithstanding any other provision in this section, an accessory dwelling unit that encroaches into the front yard setback shall be limited to a total of eight hundred square feet otherwise modified by this section. (b) The accessory dwelling unit shall be set back no less than four feet from the side and rear property lines.
(c) Notwithstanding any other provision of this section, no setback shall be required for an existing permitted living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (7) The accessory dwelling unit shall not be greater than 16 feet in height The height of an accessory dwelling unit shall be as follows:
(a) A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit shall not be greater than 16 feet in height. (b) A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21155, shall not be greater than 18 feet in height. Two additional feet in height is allowed to accommodate roof pitch of the accessory dwelling unit to align with the roof pitch of the primary dwelling unit.
(c) A detached accessory dwelling unit on a lot with an existing or proposed multifamily multistory dwelling shall not be greater than 18 feet in height. (d) For an accessory dwelling unit that is attached to a primary dwelling, an accessory dwelling unit shall not be higher than 25 feet or the height of the primary dwelling, whichever is lower.
(e) An accessory dwelling unit shall not exceed two stories. (8) Location. The attached or detached accessory dwelling unit shall be located within, or if outside of the existing walls of the existing or proposed primary residence, preferably to the rear, or to the side of the existing or proposed primary residence unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as an previously existing approved accessory structure, including an attached or detached garage.
(9) Regulating code. The accessory dwelling unit shall comply with all building, safety, fire and health codes, and all other applicable laws and regulations. Accessory dwelling units are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.
(10) Manufacturing ADUs. Manufactured housing, factory-built ADUS, and modular ADUs is are allowed in compliance with the provisions herein and Cal. Health and Safety Code § 18007; however, mobile homes, trailers and recreational vehicles shall not be used as accessory dwelling units.
(11) Parking. In addition to all other required off-street parking, parking requirements for accessory dwelling units shall not exceed one space per unit. Parking may also be located in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city. Mechanical parking lifts may also be used for replacement parking.
(12) Replacement parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of or conversion to an accessory dwelling unit, no replacement parking shall be required. Additionally, no parking shall be required for an accessory dwelling unit in any of the following instances:
(a) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(b) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(c) The accessory dwelling unit is part of the proposed or existing primary residence or an existing permitted accessory structure. (d) When on-street parking permits are required but has not offered to the occupant of the accessory dwelling unit.
(e) When there is a car share vehicle located within one block of the accessory dwelling unit.
(f) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
(13) Rentals and separate sale of ADUs. The accessory dwelling unit and the primary residential dwelling may be rented concurrently, provided that the term of the rental is at least 31 days or more. , but the accessory dwelling unit shall not be sold or owned separately from the primary dwelling, An accessory dwelling unit may be sold or conveyed separately from the primary residence, only if:
(a) The accessory dwelling unit is sold to a qualified buyer, including persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code, and all of the following apply:
(I) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, one that is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (II) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(III)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence. (D) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owneroccupied housing units and will be sold or resold to a qualified buyer. (E) The tenancy in common agreement shall include all of the following:
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. (ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(iii) Procedures for dispute resolution among the parties before resorting to legal action.
(IV) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located.

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Windows and glass doors that face an adjoining property and are within fifteen (15) feet of a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (3) An accessory dwelling unit shall have a separate exterior entrance from the primary dwelling unit.
(4) To the maximum extent feasible, the accessory dwelling unit shall not alter the appearance of the primary single-family dwelling unit.
(5) When feasible, no more than one exterior entrance on the front or on any streetfacing side of the primary dwelling unit and accessory dwelling unit combined. (64) No exterior stairway shall be located on the front or on any street-facing side of the accessory dwelling unit.
(F) Mandatory ADU application approvals.
(1) Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone:
(a) A junior or accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure subject to the following requirements:

1. An expansion of up to 150 square feet shall be allowed in an accessory structure that is converted to an ADU solely for the purposes of accommodating ingress and egress.

2. The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling.

3. The side and rear setbacks shall be sufficient for fire and building and safety.

1. The accessory dwelling unit shall be set back no less than four feet from the side and rear property line.

2. The accessory dwelling unit shall be on a lot or parcel with an existing or proposed single-family dwelling.

3. The accessory dwelling unit shall not exceed 800 square feet in size.

4. The accessory dwelling unit shall not exceed 16 feet in height.

5. A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit, it shall comply with all requirements of § 155.644.1 below.
(c) On a lot with a multifamily dwelling structure, up to 25% of the total multifamily dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but no limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(d) On a lot with a multifamily dwelling structure, up to two detached units, provided that neither unit is greater than 16 feet in height, is provided with at least a four foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5).
(2) For those accessory dwelling units which require mandatory approval, the city shall not require the correction of legal, nonconforming zoning conditions. (1) A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City and any associated permitting agencies including, but not limited to, applicable planning departments, building departments, consultants or contractors working as agents of the City, utilities, and special districts, shall approve and issue a building permit or deny the application to create or serve an ADU or a JADU within 60 calendar days after receiving a completed application if there is an existing primary dwelling on the lot and if it meets the minimum ADU and/or JADU standards of this chapter.
(a) If the City and any associated permitting agencies has not approved or denied the completed application within 60 days, the application shall be deemed approved and a building permit issued for its construction.
(b) If the City or any associated permitting agencies denies an application for an ADU or JADU pursuant to paragraph (a), the City and any associated permitting agencies shall, within the 60 day time period, transmit to the applicant a list of items that are defective or deficient and a description of how the application can be remedied. (c) If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City and any associated permitting agencies may delay approving or denying the permit application for the ADU or JADU until the City approves or denies the permit application to create the new dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.
(d) If the applicant requests a delay, the 60-day time period shall be paused for the period of the delay. If the permit application is returned to the applicant with a list of corrections requested to comply with applicable codes and regulations, any accounting of the 60-day time period shall be paused for the period of time until the applicant resubmits a corrected application. (e) A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU, and a building permit for the ADU shall be issued at the same time as the demolition permit; the applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU.
(2) The City shall not require the correction of existing legal, nonconforming zoning conditions prior to issuing a permit for an ADU.
(G) Enforcement. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that substantially provides as follows: Existing Units. (1) You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Planning Department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice. Existing ADUs that have not been approved by the City are required to obtain approval in order to be considered a lawful use. An application for an unpermitted ADU that was constructed before January 1, 2018 shall not be denied due to violations of building standards, or if the unpermitted ADU does not comply with Chapter 155 of the Santa Fe Springs Municipal Code, unless it is found that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure pursuant to Section 17920.3 of the Health and Safety Code. An application for an unpermitted ADU for which a building permit does not exist shall be approved based the version of the applicable Building Standards Code in effect when the residential unit was determined to be constructed for the purposes of issuing a building permit; the appropriate enforcement official may make a determination of the date of construction, and issue a retroactive building permit for that construction. (2) This provision shall only apply if the accessory dwelling unit was built before January 1, 2020 and after July 25, 2020. The City shall delay enforcement of building standards that are not a matter of public health and safety for existing ADUs upon request of the ADU owner, as follows:
(a) ADUs built prior to January 1, 2020 are eligible, or ADUs built on or after January 1, 2020 at a time that the City had a noncompliant ADU ordinance. (b) Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an ADU that substantially provides as follows:
(i) You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Planning Department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
*****
Key:

Normal Text = Existing unmodified Code language
Strikethrough Text = Proposed language to be removed from existing Code Underline Text = Proposed language to be added to Code
***** = Existing unmodified Code language not included in exhibit for sake of brevity Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.644.1 JUNIOR ACCESSORY DWELLING UNITS is hereby amended as follows:
§ 155.644.1 JUNIOR ACCESSORY DWELLING UNITS.
(A) Intent. In enacting this section, it is the intent of the city to encourage the provision of junior accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Junior accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others at below market prices within existing neighborhoods. Homeowners who create junior accessory dwelling units can benefit from added income, and an increased sense of security.

Allowing junior accessory dwelling units in single-family residential zones provides needed additional rental housing. This section provides the requirements for the establishment of junior accessory dwelling units consistent with Cal. Government Code § 65852.22.
(B) Administrative review. All junior accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon presentation receipt of a completed application to provide a junior accessory dwelling unit if the plans conform to complying with the standards and criteria provided in § 155.644.1(C) and (D)this section. If an application for a junior accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the junior accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, The the city shall grant a delay if requested by the applicant and the city’s60-day period will be tolled for the period of the requested delay for consideration will be tolled during that requested delay.
(C) Junior accessory dwelling unit standards. The following standards and criteria shall apply to the creation of a junior accessory dwelling unit:
(1) Number Allowed. A maximum of one junior accessory dwelling unit shall be permitted per residential lot containing an existing or proposed single-family dwelling.

Junior accessory dwelling units do not count towards the density requirements of the general plan or zoning ordinance.
(2) Owner occupancy. The property owner shall occupy either the main singlefamily dwelling or the junior accessory dwelling unit. (3) Tenure. The junior accessory dwelling unit or the main single-family dwelling may be rented, provided the rental term is at least 31 days or more, but the junior accessory dwelling unit shall not be sold or owned separately from the single-family dwelling
(4) Allowable location. The junior accessory dwelling unit must be created within the existing walls of an existing single-family dwelling, which includes an attached garage. (5) Size. The junior accessory dwelling unit shall not exceed 500 square feet in size.
(6) Entrance. The junior accessory dwelling unit shall include a separate exterior entrance from the main entrance to the single-family home. An interior entry to the main living area shall be required if the junior accessory dwelling unit shares sanitary facilities with the single-family home. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
(7) Kitchen required. The junior accessory dwelling unit shall include a food preparation area, requiring and limited to the following components:
(a) A cooking facility with appliancesAn area used for cooking, with kitchen appliance; and
(b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwellingwhich do not exceed six feet in length.
(8) Parking. No additional off-street parking is required beyond that required for the main single-family dwelling.
(9) Utility service. A separate water connection or meter, and a separate sewer service connection are not required for a junior accessory dwelling unit. Water and sewer service for the junior accessory dwelling unit is shared with the main single-family dwelling unit.
(10) Applicable codes. The junior accessory dwelling unit shall comply with all applicable building standards and shall be subject to permit and inspection fees to ensure such compliance. Fire sprinklers shall be required if they are required in the existing or proposed single-family residence.
(11) Regulations and connection fees. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(12) Deed restriction. Prior to obtaining a building permit for the junior accessory dwelling unit, a deed restriction, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.
(D) Enforcement. The city shall not require the correction of a legal, nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affect by the construction of the junior accessory dwelling unit in the for approval of a junior accessory dwelling unit.

Attachment C: Planning Commission Resolution 252-2023

CITY OF SANTA FE SPRINGS
RESOLUTION NO. 252-2023

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA FE SPRINGS RECOMMENDING THAT THE CITY COUNCIL

APPROVE AND ADOPT ZONE TEXT AMENDMENT TO ENSURE THAT
THE CITY’S ZONING ORDINANCE IS ALIGNED WITH THE STATE’S

ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY

DWELLING UNIT (JADU) STATUTES
WHEREAS, on March 9, 2017, the City Council adopted Ordinance No. 1084, which updated the City's Zoning Ordinance to comply with the State's statutes in connection with Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU); and
WHEREAS, in 2021, the City of Santa Fe Springs applied for and was selected by the Southern California Association of Government (SCAG) and the State of California Department of Housing and Community Development (CA HCD) to participate in the SCAG 2020/2021 Sustainable Communities Program (SCP) as part of the Regional Early Action Program (REAP) for Advance Accessory Dwelling Unit Implementation; and WHEREAS, one of the project's primary deliverables is the update of the City's ADU and JADU ordinance to align with State Laws and promote ADU and JADU productivity within the City; and
WHEREAS, new State ADU Laws (SB-897 and AB-2221) amending Government Code Sections 65852.2 and 65852.22 became effective on January 1, 2023, amending the existing requirement for the development of ADUs and JADUs; and WHEREAS, an additional new law (AB 1033) amending Government Code Section 65852.2, which will go into effect on January 1, 2024, eliminates the owner occupancy requirements for ADUs; and
WHEREAS, pursuant to Government Code Section 65852.2, if a local ordinance conflicts with state law, state law supersedes the conflicting local ordinance; and WHEREAS, SCAG consultant Woodsong Associates assisted the City with developing a Zone Text Amendment to align with the State ADUs and JADUs statutes; and
WHEREAS, the City has prepared a Zone Text Amendment to the City's Zoning Ordinance, as codified in Title 15 of the Santa Fe Springs Municipal Code, which updates Section 155.003 (Definitions), Section 155.644 (Accessory Dwelling Unit), and Section 155.644.1 (Junior Accessory Dwelling Unit); and
WHEREAS, pursuant to California Public Resources Code (PRC) Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU Law); and
WHEREAS, on November 2, 2023, the City of Santa Fe Springs Department of Planning and Development published a legal notice in the Whitter Daily News, a local paper of general circulation, indicating the date and time of the public hearing; and WHEREAS, on November 4, 2023, a public hearing notice was also posted in the Santa Fe Springs City Hall window, the City’s Town Center kiosk, and the City’s Library; and
WHEREAS, the City of Santa Fe Springs Planning Commission has reviewed and considered the written and oral staff report, the testimony, written comments, and other materials presented at the public hearing on November 13, 2023; and WHEREAS, on November 13, 2023, the City of Santa Fe Springs Planning Commission conducted a duly noticed public hearing and considered public testimony concerning amendments to the text of the City’s Zoning Regulations.

NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF

THE CITY OF SANTA FE SPRINGS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION I: The Planning Commission recommends that the following findings be made by the City Council regarding the Zone Text Amendment:

1. The above recitals are true and correct and are a substantial part of this Resolution.

2. The Exhibits attached to this Resolution are each incorporated by reference and made a part of this Resolution.

3. The proposed Zone Text Amendment meets or exceeds the minimum provisions outlined in Section 65852.2 of the Government Code (State ADU Law).

4. The proposed Zone Text Amendment is consistent with the Santa Fe Springs General Plan.

5. That pursuant to California Public Resources Code (PRC) Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU Law).

6. That the Planning Commission recommends that the City Council approve and adopt Ordinance No. 1134, amending the text of the City’s Zoning Ordinance.

CITY OF SANTA FE SPRINGS
ORDINANCE NO. 1134

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS ADOPTING ZONE TEXT AMENDMENT TO ENSURE THAT
THE CITY’S ZONING ORDINANCE IS ALIGNED WITH THE STATE’S

ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY

DWELLING UNIT (JADU) STATUTES
WHEREAS, on March 9, 2017, the City Council adopted Ordinance No. 1084, which updated the City's Zoning Ordinance to comply with the State's statutes in connection with Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU); and
WHEREAS, in 2021, the City of Santa Fe Springs applied for and was selected by the Southern California Association of Government (SCAG) and the State of California Department of Housing and Community Development (CA HCD) to participate in the SCAG 2020/2021 Sustainable Communities Program (SCP) as part of the Regional Early Action Program (REAP) for Advance Accessory Dwelling Unit Implementation; and WHEREAS, one of the project's primary deliverables is the update of the City's ADU and JADU ordinance to align with State Laws and promote ADU and JADU productivity within the City; and
WHEREAS, new State ADU Laws (SB-897 and AB-2221) amending Government Code Sections 65852.2 and 65852.22 became effective on January 1, 2023, amending the existing requirements for the development of ADUs and JADUs; and WHEREAS, an additional new law (AB 1033) amending Government Code Section 65852.2, which will go into effect on January 1, 2024, eliminates the owner occupancy requirements for ADUs; and
WHEREAS, according to Government Code Section 65852.2, if a local ordinances conflicts with state law, state law supersedes the conflicting local ordinance; and WHEREAS, SCAG consultant Woodsong Associates assisted the City with developing a Zone Text Amendment to align with the State ADUs and JADUs statutes; and
WHEREAS, the City has prepared a Zone Text Amendment to the City's Zoning Ordinance, as codified in Title 15 of the Santa Fe Springs Municipal Code, which updates Section 155.003 (Definitions), Section 155.644 (Accessory Dwelling Unit), and Section 155.644.1 (Junior Accessory Dwelling Unit); and
WHEREAS, pursuant to California Public Resources Code (PRC) Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU Law); and
WHEREAS, on November 2, 2023, the City of Santa Fe Springs Department of Planning and Development published a legal notice in the Whitter Daily News, a local paper of general circulation, indicating the date and time of the public hearing; and WHEREAS, on November 4, 2023, a public hearing notice was also posted in the Santa Fe Springs City Hall window, the City’s Town Center kiosk, and the City’s Library; and
WHEREAS, on November 13, 2023, the Planning Commission of the City of Santa Fe Springs adopted Resolution 252-2023 recommending that the City Council adopt an Ordinance amending the Zoning Code in relation to ADUs and JADUs; and WHEREAS, on December 4, 2023, the City Council of the City of Santa Fe Springs considered the Zone Text Amendment, the staff report, and all testimony, written and spoken, at a duly noticed public hearing.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF

SANTA FE SPRINGS DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:

SECTION I. Findings:

1. The above recitals are true and correct and are a substantial part of this Ordinance.

2. The Exhibits attached to this Ordinance are each incorporated by reference and made a part of this Ordinance.

3. The proposed Zone Text Amendment meets or exceeds the minimum provisions outlined in Section 65852.2 of the Government Code (State ADU Law).

4. The proposed Zone Text Amendment is consistent with the Santa Fe Springs General Plan.

5. The Zone Text Amendment meets the requirements as contained in Planning and Zoning Law (Government Code sections 65800-65912).

6. The Zone Text Amendment has been prepared and will be adopted in accordance with the requirements of Planning and Zoning Law (Government Code sections 65853-65860).

SECTION II. The City Council hereby finds with respect to CEQA:

Pursuant to California Public Resources Code (PRC) Section 21080.17, California Environmental Quality Act (CEQA) does not apply to the adoption of an Ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU Law). The ZTA implements California Government Code Sections 65852.2 and 65852.22, as amended, within the City of Santa Fe Springs in a manner that is consistent with the requirements of State ADU/JADU Laws. As such, the proposed ZTA and Ordinance is exempt from CEQA.

SECTION III. Amendments:

1. Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.003 DEFINITIONS is hereby amended as provided in Exhibit “A” attached hereto and incorporated herein by reference.

2. Code of Ordinances of the City of Santa Fe Springs Chapter 155, Sections 155.644 (Accessory Dwelling Unit) and 155.644.1 (Junior Accessory Dwelling Unit) is hereby amended as provided in Exhibit “B” attached hereto and incorporated herein by referenc.

Section IV. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or of Chapter 155, or any part thereof. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

Section V. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in at least three (3) public places in the City, such posting to be completed not later than fifteen (15) days after passage thereof.

PASSED and ADOPTED this ____ day of ________________________, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:
________________________________
Jay Sarno, Mayor
ATTEST:
___________________________
Janet Martinez, CMC, City Clerk
Exhibit A – Definitions Text Amendments
Exhibit B – Accessory Dwelling Unit and Junior Accessory Dwelling Unit Text Amendments
Key:

ACCESSORY DWELLING UNIT (ADU). Either a detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. An ACCESSORY DWELLING UNIT ADU may also be located within an existing or proposed primary dwelling unit. An ACCESSORY DWELLING UNIT ADU also includes the following:
(1) An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1. (2) A manufactured home, as defined in California Health and Safety Code § 18007.A factory-built ADU, such as manufactured homes as defined in California Health and Safety Code § 18007, or in the Code of Federal Regulations governing manufactured homes: Code of Federal Regulations Title 24, Housing and Urban Development, Part 3280, Manufactured Home Construction and Safety Standards, Subsection 3280.2, “Definitions."
(3) A factory-built modular ADU that complies with the standards of Chapter 155.644 (D).

ACCESSORY DWELLING UNIT, JUNIOR (JADU). A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within a singlefamily residence (1) Is no more than 500 square feet in size;
(2) Is contained entirely within an existing or proposed single-family structure; (3) Has or shares sanitation facilities within the existing or proposed single-familty structure;
(4) Includes an efficiency kitchen.
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CARRIAGE HOUSE. An ADU that is located above a detached garage. *****
EFFICIENCY KITCHEN. A kitchen that includes each of the following:
(1) An area used for cooking, with kitchen appliances;
(2) A food preparation counter that is adequate for the size of the unit; and (3) Food storage cabinets that are adequate for the size of the unit. *****
IMPACT FEES. A monetary exaction that is charged by the City to a property owner and/or project applicant in connection with approval of a project for the purpose of defraying all or a portion of the cost of public facilities, public improvements, public services, and community amenities; this does not include fees for processing applications for governmental regulatory actions or approvals or any connection fee or capacity charge charged by a local agency, special district, or water corporation. *****
LIVING AREA. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure. *****
NONCONFORMING ZONING CONDITION. A physical improvement on a property that does not conform with current zoning standards.
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OBJECTIVE STANDARDS. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
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PERMIT FEES. A monetary exaction charged to a property owner and/or project applicant in connection with an application for a permit for the reimbursement of expenses incurred during the processing and review of the application, but not fees otherwise classified as impact fees.

Key:

Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code § 65852.2. (B) Interpretation. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required.
(C)Applications.
(1) Administrative Review. All accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon presentation receipt of a completed application to build an accessory dwelling unit if the plans conform to the complying with the standards and criteria provided set forth in § 155.644(D) and (E) this section. If an application for accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the accessory dwelling unit permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, Tthe city shall grant a delay if requested by the applicant andand the the city’s 60-day period for consideration will be tolled during thatfor the period of the requested delay.
(2) Fees. Applications for an accessory dwelling unit shall be accompanied by an application fee and shall be subject to applicable inspection and permit fees. (D)Accessory dwelling unit standards. The following standards and criteria shall apply to the creation of an accessory dwelling unit:
(1) Allowable zones. The accessory dwelling unit shall be allowed only on a lot or parcel that is zoned for single family residential, multifamily residential or mixed use with an existing or proposed residential dwelling.
(2) Number of ADUs. There shall not be more than one accessory dwelling unit per lot or parcel, except as provided for in § 155.644(F)(1)(a). (a) There shall not be more than one ADU, and one JADU within the walls of the existing or proposed residence, per lot or parcel that is zoned for single family residential use.
(b) On a lot with existing multifamily dwelling structures, at least one unit and up to 25% of the total multifamily dwelling units are allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(c) On a lot with an existing or proposed multifamily dwelling, not more than two detached units, subject to the height limitation set forth in subsection (D)(7), and at least a four-foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5). The city shall not require any modifications to an existing multifamily dwelling that has a rear or side yard setback of less than four feet if the proposed accessory dwelling unit satisfies the provisions of this subsection. (3) Conformance with zoning and General Plan. An accessory dwelling unit that conforms to the development standards of this section is deemed to be an accessory use and/or structure and will not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to conform to the zoning and General Plan. (4) Allowable forms. The accessory dwelling unit may be attached to or detached from the primary residential dwelling or located within an existing or proposed singlefamily residence, including a garage, or within an accessory structure. (5) Floor area standards.
(a) The detached or attached accessory dwelling unit with one or less bedroom shall not exceed a total floor area of 850 square feet. (b) The detached or attached accessory dwelling unit with more than one bedroom shall not exceed a total floor area of 1,000 1,200 square feet. (c) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling. (dc) The minimum floor area for an accessory dwelling unit shall be 150 square feet.
(6) Setback standards.
(a) The accessory dwelling unit shall comply with the front setback standard applicable to the specific zone in which it is located, unless doing so would prohibit the construction of at least an 850 square foot accessory dwelling unit. The first priority placement shall be in the rear of a property, developed in compliance with the required setbacks. If proposed at the front of a property, the front setback shall be maximized to the extent allowed within these requirements. Notwithstanding any other provision in this section, an accessory dwelling unit that encroaches into the front yard setback shall be limited to a total of eight hundred square feet otherwise modified by this section. (b) The accessory dwelling unit shall be set back no less than four feet from the side and rear property lines.
(c) Notwithstanding any other provision of this section, no setback shall be required for an existing permitted living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (7) The accessory dwelling unit shall not be greater than 16 feet in height The height of an accessory dwelling unit shall be as follows:
(a) A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit shall not be greater than 16 feet in height. (b) A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21155, shall not be greater than 18 feet in height. Two additional feet in height is allowed to accommodate roof pitch of the accessory dwelling unit to align with the roof pitch of the primary dwelling unit.
(c) A detached accessory dwelling unit on a lot with an existing or proposed multifamily multistory dwelling shall not be greater than 18 feet in height. (d) For an accessory dwelling unit that is attached to a primary dwelling, an accessory dwelling unit shall not be higher than 25 feet or the height of the primary dwelling, whichever is lower.
(e) An accessory dwelling unit shall not exceed two stories. (8) Location. The attached or detached accessory dwelling unit shall be located within, or if outside of the existing walls of the existing or proposed primary residence, preferably to the rear, or to the side of the existing or proposed primaryresidence unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as an previously existing approved accessory structure, including an attached or detached garage.
(9) Regulating code. The accessory dwelling unit shall comply with all building, safety, fire and health codes, and all other applicable laws and regulations. Accessory dwelling units are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.
(10) Manufacturing ADUs. Manufactured housing, factory-built ADUS, and modular ADUs is are allowed in compliance with the provisions herein and Cal. Health and Safety Code § 18007; however, mobile homes, trailers and recreational vehicles shall not be used as accessory dwelling units.
(11) Parking. In addition to all other required off-street parking, parking requirements for accessory dwelling units shall not exceed one space per unit. Parking may also be located in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city. Mechanical parking lifts may also be used for replacement parking.
(12) Replacement parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of or conversion to an accessory dwelling unit, no replacement parking shall be required. Additionally, no parking shall be required for an accessory dwelling unit in any of the following instances:
(a) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(b) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(c) The accessory dwelling unit is part of the proposed or existing primary residence or an existing permitted accessory structure. (d) When on-street parking permits are required but has not offered to the occupant of the accessory dwelling unit.
(e) When there is a car share vehicle located within one block of the accessory dwelling unit.
(f) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
(13) Rentals and separate sale of ADUs. The accessory dwelling unit and the primary residential dwelling may be rented concurrently, provided that the term of the rental is at least 31 days or more. , but the accessory dwelling unit shall not be sold or owned separately from the primary dwelling, An accessory dwelling unit may be sold or conveyed separately from the primary residence, only if:
(a) The accessory dwelling unit is sold to a qualified buyer, including persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code, and all of the following apply:
(I) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, one that is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (II) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(III)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C)A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence. (D)Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owneroccupied housing units and will be sold or resold to a qualified buyer. (E) The tenancy in common agreement shall include all of the following:
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. (ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(iii) Procedures for dispute resolution among the parties before resorting to legal action.
(IV) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located.