HomeMy WebLinkAboutORD NO. 22-1456U (DWELLING UNITS)Page 1 of 3 22-1456U
CITY OF HERMOSA BEACH
URGENCY ORDINANCE NO. 22-1456U
“AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA AMENDING SECTION 17.04.040 AND
CHAPTER 17.21 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS
A.California state law authorizes cities to act by ordinance to provide
for the creation and regulation of accessory dwelling units (“ADUs”) and
junior accessory dwelling units (“JADUs”).
B.In recent years, the California Legislature has approved, and the
Governor has signed into law, a number of bills that, among other things,
amended Government Code sections 65852.2 and 65852.22 to impose
new limits on local authority to regulate ADUs and JADUs.
C.In 2022, the California Legislature approved, and the Governor
signed into law, a new bill (SB 897) that further amends Government Code
sections 65852.2 and 65852.22.
D.SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance
does not comply with the requirements imposed by SB 897 by that date,
the City’s entire existing ADU ordinance becomes null and void as a
matter of law.
E.The City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions
of Government Code sections 65852.2 and 65852.22.
F.There is a current and immediate threat to the public health, safety,
or welfare based on the passage of SB 897 because if the City’s
ordinance does not comply with the amended laws as of January 1, 2023,
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and the City’s ADU ordinance becomes null and void, the City would
thereafter be limited to applying the few default standards that are
provided in Government Code sections 65852.2 and 65852.22 for the
approval of ADUs and JADUs.
G.The approval of ADUs and JADUs based solely on the default
statutory standards, without local regulations governing height, setback,
landscape, and architectural review, among other things, would threaten
the character of existing neighborhoods, and negatively impact property
values, personal privacy, and fire safety. These threats to public safety,
health, and welfare justify adoption of this ordinance as an urgency
ordinance to be effective immediately upon adoption by a four-fifths
vote of the City Council.
H.To protect the public safety, health, and welfare, the City Council
may adopt this ordinance as an urgency measure in accordance with
Government Code section 36937, subdivision (b).
SECTION 2. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption
of an ordinance by a city or county implementing the provisions of section
65852.2 of the Government Code, which is California’s ADU law and which also
regulates JADUs, as defined by section 65852.22. Therefore, the proposed
ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the State’s ADU law.
SECTION 3. Section 17.04.040 and Chapter 17.21 of the Hermosa Beach
Municipal Code is hereby amended as provided in Exhibit A, attached hereto
and incorporated herein by reference.
SECTION 6. The City Clerk shall a submit a copy of this ordinance to the
Department of Housing and Community Development within 60 days after
adoption.
SECTION 6. If any provision of this ordinance or its application to any person or
circumstance is held to be invalid, such invalidity has no effect on the other
provisions or applications of the ordinance that can be given effect without the
invalid provision or application, and to this extent, the provisions of this resolution
are severable. The City Council declares that it would have adopted this
resolution irrespective of the invalidity of any portion thereof.
SECTION 7. Urgency Ordinance Effective Date. The City Council finds and declares
that the adoption and implementation of this ordinance is necessary for the
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immediate preservation and protection of the public peace, health and safety as
detailed above by the City, pursuant to Government Code section 36937. This
ordinance takes effect immediately upon its adoption by at least a 4/5 vote. The City
Clerk shall submit a copy of this ordinance to the Department of Housing and
Community Development within 60 days after adoption.
SECTION 8. Certification. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City’s book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 13th day of December 2022.
AYES: Councilmembers Saemann, Francois, Detoy, Mayor Pro Tem
Massey, and Mayor Jackson. NOES: None.
ABSTAIN: None. ABSENT: None.
____________________________________________________________
Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
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State of California ) County of Los Angeles ) ss
City of Hermosa Beach )
December 29, 2022 Certification of Council Action ORDINANCE NO. 22-1456U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17.04.040 AND CHAPTER 17.21
OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 22-1456U was duly
approved and adopted by the City Council of said City at its regular meeting
thereof held via hybrid on the 13th day of December 2022 and passed by the
following vote:
AYES: Mayor Jackson, Mayor Pro Tem Massey, Councilmembers Saemann, Francois, and Detoy. NOES: None
ABSTAIN: None
ABSENT: None
________________________________
Myra Maravilla, MPA, CMC
City Clerk
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Exhibit A
Amended ADU/JADU Regulations
(follows this page)
Supplemental
InformationVIII.a2
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Section 1. The following provisions of Section 17.04.040 of the Hermosa Beach
Municipal Code is amended to read as follows:
Dwelling unit, accessory or accessory dwelling unit has the same
definition as defined in Chapter 17.21. This definition is applicable only as it
pertains to development and regulation of accessory dwelling units
and/or junior accessory dwelling units.
Dwelling unit, junior accessory or junior accessory dwelling unit has the
same definition as defined in Chapter 17.21. This definition is applicable
only as it pertains to development and regulation of accessory dwelling
units and/or junior accessory dwelling units.
Accessory structure has the same definition as defined in Chapter 17.21.
This definition is applicable only as it pertains to development and
regulation of accessory dwelling units and/or junior accessory dwelling
units.
Complete independent living facilities has the same definition as defined
in Chapter 17.21. This definition is applicable only as it pertains to
development and regulation of accessory dwelling units and/or junior
accessory dwelling units.
Living area has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation
of accessory dwelling units and/or junior accessory dwelling units.
Nonconforming zoning condition has the same definition as defined in
Chapter 17.21. This definition is applicable only as it pertains to
development and regulation of accessory dwelling units and/or junior
accessory dwelling units.
Passageway has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation
of accessory dwelling units and/or junior accessory dwelling units.
Proposed dwelling has the same definition as defined in Chapter 17.21.
This definition is applicable only as it pertains to development and
regulation of accessory dwelling units and/or junior accessory dwelling
units.
Public transit has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation of accessory dwelling units and/or junior accessory dwelling units.
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Section 2. Chapter 17.21 of the Hermosa Beach Municipal Code is amended to
read as follows:
17.21.010 Purpose.
The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22.
17.21.020 Effect of Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the city’s general plan and zoning
designation for the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or
JADU is located.
C. Considered in the application of any local ordinance, policy, or program
to limit residential growth.
D. Required to correct a nonconforming zoning condition. This does not
prevent the city from enforcing compliance with applicable building
standards in accordance with Health and Safety Code section 17980.12.
17.21.025 Definitions
As used in this Chapter, terms are defined as follows:
A. “Accessory dwelling unit” or “ADU” means an attached or a detached
residential dwelling unit that provides complete independent living
facilities for one or more persons and is located on a lot with a proposed
or existing primary residence. An accessory dwelling unit also includes the
following:
1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the
California Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental
to a dwelling located on the same lot.
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C. “Complete independent living facilities” means permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
D. “Efficiency kitchen” means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
E. “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained
within the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing
or proposed single-family structure in addition to an exterior
entrance that is separate from the main entrance to the primary
dwelling.
5. It includes an efficiency kitchen, as defined above.
F. “Living area” means the interior habitable area of a dwelling unit,
including basements and attics, but does not include a garage or any
accessory structure.
G. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
H. “Passageway” means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the ADU or JADU.
I. “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
J. “Public transit” means 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.
K. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
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17.21.030 Approval of ADUs and JADUs
The following approvals apply to ADUs and JADUs under this Chapter:
A. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in section 17.21.040 below, it is allowed with only a building
permit in the following scenarios:
1. Converted on Single-family Lot: One ADU as described in this
subsection (A)(1) and one JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-family
dwelling; or (in the case of an ADU only) within the existing
space of an accessory structure, plus up to 150 additional
square feet if the expansion is limited to accommodating
ingress and egress; and b. Has exterior access that is independent of that for the
single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety,
as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of
Government Code Section 65852.22.
2. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be
established on the lot under subsection (A)(1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet.
b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the
applicable height limit in 17.21.040 (B) below.
3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable
space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted
ADU complies with state building standards for dwellings. Under this
subsection, at least one converted ADU is allowed within an existing
multifamily dwelling, up to a quantity equal to 25 percent of the
existing multifamily dwelling units.
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4. Limited Detached on Multifamily Lot: No more than two detached
ADUs on a lot that has an existing or proposed multifamily dwelling if
each detached ADU satisfies both of the following limitations:
a. The side- and rear-yard setbacks are at least four feet.
If the existing multifamily dwelling has a rear or side yard
setback of less than four feet, the city will not require any
modification to the multifamily dwelling as a condition of
approving the ADU.
b. The peak height above grade does not exceed the
applicable height limit provided in 17.21.040 (B) below.
B. ADU Permit.
1. Except as allowed under section 17.21.030 (A), no ADU may be
created without a building permit and an ADU permit in
compliance with the standards set forth in sections 17.21.040 and
17.21.050.
2. The city may charge a fee to reimburse it for costs incurred in
processing ADU permits, including the costs of adopting or
amending the city’s ADU ordinance. The ADU-permit processing fee
is determined by the community development director and
approved by the city council by resolution.
C. Process and Timing
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or
JADU within 60 days from the date that the city receives a
completed application. If the city has not approved or denied the
completed application within 60 days, the application is deemed
approved unless either:
a. The applicant requests a delay, in which case the 60-
day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is
submitted with a permit application to create a new single-
family or multifamily dwelling on the lot, the city may delay
acting on the permit application for the ADU or JADU until the
city acts on the permit application to create the new single-
family or multifamily dwelling, but the application to create
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the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city
must provide the applicant with comments that include, among
other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the
applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60-day time period
established by subsection (C)(2) above.
4. A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and issued
at the same time. 17.21.040 General ADU and JADU Requirements and Development Standards
The following requirements apply to all ADUs and JADUs that are approved
under section 17.21.030(A) & (B)above.
A. Zoning
1. An ADU or JADU subject to a building permit under section
17.21.030(A) may be created on a lot in a residential or mixed-use
zone.
2. An ADU or JADU subject to an ADU permit under section
17.21.030(B) may be created on a lot that is zoned to allow single-
family dwelling residential use or multifamily dwelling residential use.
B. Height
1. Except as otherwise provided by subsections (B)(2) and (B)(3)
below, a detached ADU created on a lot with an existing or
proposed single family or multifamily dwelling unit may not exceed
16 feet in height.
2. A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or a high quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code, and the
ADU may be up to two additional feet in height (for a maximum of
20 feet) if necessary to accommodate a roof pitch on the ADU that
is aligned with the roof pitch of the primary dwelling unit.
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3. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25
feet in height or the height limitation imposed by the underlying
zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection may
not exceed two stories.
5. For purposes of this subsection, height is measured above existing
legal grade to the peak of the structure.
C. Fire Sprinklers
1. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
2. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than
30 days. This prohibition applies regardless of when the ADU or JADU was
created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Section 65852.26, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single-family lot) or from the lot and all
of the dwellings (in the case of a multifamily lot).
F. Roof Deck. Roof decks shall not be permitted on an ADU or JADU.
G. Owner Occupancy
1. An ADU that is permitted after January 1, 2020, but before January
1, 2025, is not subject to any owner-occupancy requirement.
2. Unless applicable law requires otherwise, all ADUs that are
permitted on or after January 1, 2025 are subject to an owner-
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property as the person’s
legal domicile and permanent residence.
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3. As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property, in either the
primary dwelling or JADU, as the person’s legal domicile and
permanent residence. However, the owner-occupancy
requirement in this subsection does not apply if the property is
entirely owned by another governmental agency, land trust, or
housing organization.
H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU,
a deed restriction must be recorded against the title of the property in the
County Recorder’s office and a copy filed with the community
development director. The deed restriction must run with the land and
bind all future owners. The form of the deed restriction will be provided by
the city and must provide that:
1. Except otherwise provided in Government Code Section 65852.26,
the ADU or JADU may not be sold separately from the primary
dwelling.
2. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced
against future property owners.
4. The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restriction, an owner may make a
written request of the Director, providing evidence that the ADU or
JADU has in fact been eliminated. The Director may then determine
whether the evidence supports the claim that the ADU or JADU has
been eliminated. Appeal may be taken from the Director’s
determination consistent with other provisions of this Code. If the
ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU
or JADU removed, the remaining structure and improvements must
otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the director or his or her
designee for the benefit of the city. Failure of the property owner to
comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy
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available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in
violation of the recorded restrictions or abatement of the illegal unit.
I. Building & Safety
1. Must comply with building code. Subject to subsection (I)(2), all
ADUs and JADUs must comply with all local building code
requirements.
2. No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code,
unless the building official or Code Enforcement Division officer
makes a written finding based on substantial evidence in the record
that the construction of the ADU could have a specific, adverse
impact on public health and safety. Nothing in this subsection
prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential
use in accordance with this section.
17.21.050 Specific Requirements for ADU Permit
In addition to the requirements in Section 17.21.040, the following requirement
apply to ADUs that require an ADU permit under section 17.21.030(B).
A. Maximum Size
1. The maximum size of a detached or attached ADU subject to this
section is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the
existing primary dwelling.
3. Application of other development standards in this section or any
other section, might further limit the size of the ADU, but no
application of the percent-based size limit in this section or other
section may require the ADU to be less than 800 square feet.
B. Setbacks
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1. An ADU that is subject to this section must conform to a 25-foot
front-yard setback, subject to subsection (A) above.
2. An ADU that is subject to this section must conform to 4-foot side-
and rear-yard setbacks.
3. 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. No ADU subject to this section may cause the total lot
coverage to exceed whatever applicable standard exists based on the
zone in which it is was located subject to subsection (A) above.
D. Open Space. Unless restricted pursuant to other state or local law, the
property in which the ADU is located upon shall comply with the open
space requirements of the base zone subject to subsection (A) above.
E. Passageway. No passageway 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.
2. Exceptions. No parking under this subsection (F) is required in the
following situations:
a. The ADU is located within one-half mile walking
distance of public transit.
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
17.21.030(A)(1).
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 this subsection (2).
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3. No Replacement. When a garage, carport, or covered parking
structure 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 Requirements
1. The materials and colors of the exterior walls, roof, and windows
and doors must match the appearance and architectural design of
those of the primary dwelling.
2. 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.
3. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
5. 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.
6. Windows and doors of the ADU may 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.
7. All windows and doors in an ADU are less than 30 feet from a
property line that is not a public right-of-way line must either be (for
windows) clerestory with the bottom of the glass at least six feet
above the finished floor, or (for windows and for doors) utilize frosted
or obscure glass.
H. 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.
17.21.060 Fees
The following requirements apply to all ADUs that are approved under section 17.21.030(A) & (B).
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A. Impact Fees
1. No impact fee is required for an ADU that is less than 750 square
feet in size. For purposes of this subsection, “impact fee” means a
“fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a
fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here
does not include any connection fee or capacity charge for water
or sewer service.
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.)
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), converted ADUs on a
single-family lot that are created under section 17.21.030(A), 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) require a new, separate utility
connection directly between the ADU and the utility.
i. 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.
ii. The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this
service.
17.21.070 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
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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 constructed before 2018
1. Permit to Legalize. As required by state law, the city may not deny a
permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of
the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this Chapter.
2. Exceptions:
i. Notwithstanding subsection (B)(1) above, the city may deny
a permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, 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.
ii. 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.
17.21.080 Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards
set forth in 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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