2024-13_PC_Resolution_ADU_Ordinance_241015_F_E65277.00010\40812719.2
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ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING CHAPTER 17.28 OF THE
ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by
ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”)
and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“2019 ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and
364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of
the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and
WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which
further amended the City’s ADU and JADU regulations to comply with state law, including
Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor
signed into law, Senate Bill 897 (“SB 897”), which imposed further restrictions on local
authority to regulate ADUs and JADUs, including with respect to height limits, setbacks,
application review and denial procedures, unpermitted structures, and JADU
configurations; and
WHEREAS, in December 2022 and January 2023, the City Council adopted
Ordinance Nos. 381U and 381, respectively, which updated the City’s ADU and JADU
regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply
with SB 897; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed
into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law with
respect to an unpermitted ADU and JADU, replacement parking, and multifamily ADU
requirements.
WHEREAS, this ordinance (“Ordinance”) amends the City’s ADU and JADU
regulations to comply with AB 2533 and SB 1211; and
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WHEREAS, on October 15, 2024, the Planning Commission conducted a duly
noticed public hearing to consider the Ordinance, wherein it considered the staff report,
supporting documents, public testimony, and all appropriate information submitted with
the Ordinance.
WHEREAS, on __________, 20__, the City Council conducted a duly noticed
public hearing to Consider the Ordinance, wherein it considered the staff report and
supporting documents, Planning Commission’s recommendation, public testimony, and
all appropriate information submitted with the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as
follows:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated
by reference and adopted as findings by the City Council.
SECTION 2. CEQA. 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 Ordinance is statutorily exempt from CEQA
in that the proposed ordinance implements the State’s ADU law.
SECTION 3. General Plan. This Ordinance is, as a matter of law, consistent with
the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
SECTION 4. Code Amendments. Chapter 17.28 of the Rolling Hills Municipal Code
is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached
hereto and incorporated herein by reference.
SECTION 5. Submittal to HCD. The City Clerk shall submit a copy of this
Ordinance to the Department of Housing and Community Development within 60 days
after adoption.
SECTION 6. Severability. 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 Ordinance are severable.
The City Council declares that it would have adopted this Ordinance irrespective of the
invalidity of any portion thereof.
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SECTION 7. Effective Date. This Ordinance takes effect 30 days following its
adoption.
SECTION 8. Certification. The City Clerk is hereby directed to certify to the
passage and adoption of this Ordinance; cause the same, or a summary thereof, to be
published or posted in the manner required by law.
PASSED, APPROVED and ADOPTED this ___ day of _________, 20__.
____________________________
Leah Mirsch, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk
APPROVED AS TO FORM:
________________________________
Patrick Donegan, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the
foregoing Ordinance No. 385 was adopted at a regular meeting of the City Council of the City of
Rolling Hills held on the ___ day of ___________, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Christian Horvath
City Clerk
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EXHIBIT A
Amended ADU Regulations
(Follows this page)
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ADU REGULATIONS THAT COMPLY WITH SB 1211 & AB 2553 (2024)
Chapter 17.28 – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
17.28.010 – Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs)
and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1
of Title 7 of the California Government Code.
17.28.020 – 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, as defined in
subsection H below. This does not prevent the City from enforcing
compliance with applicable building standards in accordance with Health
and Safety Code section 17980.12.
17.28.030 – Definitions.
As used in this section, 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.
EXHIBIT A
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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 in subsection D above.
F. “Livable space” means a space in a dwelling intended for human
habitation, including living, sleeping, eating, cooking, or sanitation.
G. “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.
H. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
I. “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
J. “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
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K. “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.
L. “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.
17.28.040 – Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Building-Permit Only. If an ADU or JADU complies with each of the
general requirements in subsection 0 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
subsectionA.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 sections 66333 through 66339.
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 subsection Bbelow.
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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 A.3, 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.
4. Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot with a proposed multifamily dwelling, or up
to eight detached ADUs on a lot with an existing multifamily
dwelling, if each detached ADU satisfies all of the following:
(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 subsection B below.
(c) If the lot has an existing multifamily dwelling, the quantity of
detached ADUs does not exceed the number of primary
dwelling units on the lot.
B. ADU Permit.
1. Except as allowed under subsection A above, no ADU may be
created without a building permit and an ADU permit in compliance
with the standards set forth in subsections 0 and 0 below.
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 Director Of Community Development 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
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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 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.
17.28.050 – General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under
subsections A or B above:
A. Zoning.
1. An ADU subject only to a building permit under subsection A above
may be created on a lot in a residential or mixed-use zone.
2. An ADU subject to an ADU permit under subsection B above may
be created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
3. In accordance with Government Code section 66333(a), a JADU
may only be created on a lot zoned for single-family residences.
B. Height.
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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 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.
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 B.4
may not exceed two stories.
5. For purposes of this subsection B, height is measured from existing
legal grade or the level of the lowest floor, whichever is lower, 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 66341, 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. Septic System. If the ADU or JADU will connect to an onsite wastewater-
treatment system, the owner must include with the application a
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percolation test completed within the last five years or, if the percolation
test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. ADUs created under this section on or after January 1, 2020 are
not subject to an owner-occupancy requirement.
2. 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 G.2 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 certificate of occupancy 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 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 as otherwise provided in Government Code section 66341,
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.
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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
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. Rent Reporting. In order to facilitate the City’s obligation to identify
adequate sites for housing in accordance with Government Code sections
65583.1 and 66330, the following requirements must be satisfied:
1. With the building-permit application, the applicant must provide the
City with an estimate of the projected annualized rent that will be
charged for the ADU or JADU.
2. Within 90 days after each January 1 following issuance of the
building permit, the owner must report the actual rent charged for
the ADU or JADU during the prior year. If the City does not receive
the report within the 90-day period, the owner is in violation of this
Code, and the City may send the owner a notice of violation and
allow the owner another 30 days to submit the report. If the owner
fails to submit the report within the 30-day period, the City may
enforce this provision in accordance with applicable law.
J. Building & Safety.
1. Must comply with building code. Subject to subsection J.2
below, 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 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 J.2 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.
17.28.060 – Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under
subsection B above.
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A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this
Section 0 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 0, such
as FAR or lot coverage, might further limit the size of the ADU, but
no application of the percent-based size limit in subsection A.2
above or of an FAR, front setback, lot coverage limit, or open-space
requirement may require the ADU to be less than 800 square feet.
B. Floor Area Ratio (FAR). No ADU subject to this Section 0 may cause the
total FAR of the lot to exceed 45 percent, subject to subsection A.3 above.
C. Setbacks.
1. ADUs that are subject to this Section 0 must conform to 4-foot side
and rear setbacks.
2. ADUs that are subject to this subsection 0 must conform to 30-foot
front setbacks, subject to subsection A.3 above.
3. No setback is required for an ADU that is subject to this Section 0 if
the ADU is constructed in the same location and to the same
dimensions as an existing structure.
D. Lot Coverage. No ADU subject to this Section 0 may cause the total lot
coverage of the lot to exceed 50 percent, subject to subsection A.3 above.
E. Minimum Open Space. No ADU subject to this Section 0 may cause the
total percentage of open space of the lot to fall below 50 percent, subject
to subsection A.3 above.
F. Passageway. No passageway, as defined by Section I above, is required
for an ADU.
G. 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 L above.
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2. Exceptions. No parking under Section G.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 K above.
(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 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 G.2(a)
through (e) above.
3. No Replacement. When a garage, carport, covered parking
structure, or uncovered parking 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.
H. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows
and doors must be the same as 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.
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6. No window or door of the ADU may have a direct line of sight to an
adjoining residential property. Each window and door must either
be located where there is no direct line of sight or screened using
fencing, landscaping, or privacy glass to prevent a direct line of
sight.
7. All windows and doors in an ADU 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.
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 0 may have more than
one story, except that an ADU that is attached to the primary dwelling may
have the stories allowed under Section B.4.
17.28.070 – Fees.
The following requirements apply to all ADUs that are approved under Sections A or B
above.
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 Section A, “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.
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2. Except as described in Section B.1, converted ADUs on a single-
family lot that are created under subsection A.1 above 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 Section 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 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.
17.28.080 – 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 2020.
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, 2020, 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 state ADU or JADU
law or this ADU ordinance (Chapter 17.28).
2. Exceptions:
(a) Notwithstanding Section B.1 above, the City may deny a
permit to legalize an existing but unpermitted ADU or JADU
that was constructed before January 1, 2020, if the City
makes a finding that correcting a violation is necessary to
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comply with the standards specified in California Health and
Safety Code section 17920.3.
(b) Section 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.
17.28.090 – Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that would otherwise be allowed under this section but that
does not conform to the objective design or development standards set forth in Section
17.28.010 through 17.28.080 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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