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1. An-ADUs that is-are subject to this section must conform to a minimum 4-foot side yard and rear yard setbacks. ADUs that are subject to this section must also conform-to a minimum 25-foot front-yard setback, subject to subsection (A)(3) above.
2. and tThe setback on the street side of a corner lot must be a minimum of 15 feet, subject to subsection (A)(3) above.
1,3. -All corner lots shall provide and maintain a clear vision triangle at the intersection of streets' right-of-way for the purpose of traffic safety.
2. An ADU that is subject to this section must conform to the four foot side and rear yard setbacks. 3:4. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.
C. Lot Coverage.
1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.
2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).
3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).
4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).
5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).
D. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM-20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements, subject to subsection (A)(3):
1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of eight feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.
2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side. a. Portions of setbacks (excluding the front yard setback) that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space. Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space or open space on site for public use that results in the same total open space square footage as otherwise required.
E. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.
2. Exceptions. No parking under subsection (F)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above.
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b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.37.040(A)(1) above.
d. When on-street parking permits are required but not offered to the occupant of the ADU. e. When there is an established car share vehicle stop located within one block of the ADU. f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(2)(a)though (e) above.
3. No Replacement. When a garage, carport, sc-covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off- street parking spaces are not required to be replaced.
G. Architectural and Design Requirements.
1. Roof.
a. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.
2. Design.
a. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling. b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing or walls with a minimum height of five feet, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
3. Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
4. Parking Space Dimensions.
a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep. b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.
5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.
6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
H. Landscape Requirements.
1. Plant specimens must be at least five feet tall when installed. As an alternative, a solid fence of at least five feet in height may be installed.
2. All new landscaping must be drought-tolerant.
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3. All landscaping must be from the City's approved plant list.
I. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right- of-way.
J. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section 17.37.050(B)(4). § 17.37.070. Fees.
The following requirements apply to all ADUs that are approved under Section 17.37.040(A) (Building Permit Only) and 17.37.040(B) (ADU Permit) above.
A. Impact Fees.
1. No impact fee is required for an ADU that is less than 750 square feet in size.
2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
3. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
2. Except as described in subsection (B)(1) of this section, converted ADUs on a single-family lot that are created under Section 17.37.040(A)(1)are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility and for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture- units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 17.37.080. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs and JADUs constructed Before 20182020. Page 126 of 127 9/10
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with the State ADU or JADU law (Government Code Section 65852.266332) or this ADU ordinance (Chapter 17.37).
2. Exceptions.
a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.comply with the standards specified in California Health and Safety Code Section 17920.3.
b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. § 17.37.090. Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections
17.37.010 to 17.37.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.
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