Resources to Support OUR Community during Coronavirus

COUNTY OF VENTURA OFFICIAL WEBSITE 

includes helpful resources that can be accessed from home, including links to basic needs services, how to cope with anxiety, ways you can help, and educational and fun things to do while staying home through the coronavirus health emergency: 

 https://www.ventura.org/departments/hsa/community-events/coronavirus-remote-resources/remote-resources-during-coronavirus/ 

VC EMERGENCY - OFFICIAL VENTURA COUNTY INCIDENT INFORMATION SOURCE

 https://www.vcemergency.com/ 

 The Accessory Dwelling Unit (ADU) Grant Program will create more housing units in California by providing a grant of up to $25,000 to reimburse pre-development costs associated with the construction of the ADU.

To find out more about the CalHFA ADU Grant Program, please visit their website at: 

https://www.calhfa.ca.gov/homebuyer/programs/adu.htm#apply

A description of how your clients can benefit from CalHFA's Accessory Dwelling Unit (ADU) Grant Program Program. 

 adopted Accessory Dwelling Unit Ordinance Nos. 4519 and 4520 which amended the Non-Coastal and Coastal Zoning Ordinances, respectively, to comply with newly amended state law {AB2299, SB1069, AB494, and SB229). 

http://www.hcd.ca.gov/policy-research/docs/ordinances/ventura-county-updated-04-16-2018.pdf 

The following information summarizes the Accessory Dwelling Unit (ADU) regulations provided

in the Camarillo Municipal Code Chapter 19.56. Please contact the Community Development

Department for questions and additional information.

                                                                        DEFINITIONS

Accessory Dwelling Unit (ADU) means a 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, that may be either a single-family or multi- family dwelling. An ADU

must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the

same parcel that the single-family or multi-family dwelling is or will be situated on. ADUs are

classified into five types:

Attached ADU shares at least one common wall with the primary dwelling and is not fully

contained within the existing space of the primary dwelling (addition to existing home or garage

conversion).

Detached ADU does not share a common wall with the primary dwelling (free-standing or

attached to accessory structure).

Internal ADU is fully contained within the primary dwelling unit or an accessory structure and is

larger than 500 square feet (room conversion).

Junior ADU is fully contained within the primary dwelling unit and is less than 500 square feet

(room conversion). Homeowner must live in either the primary residence or Junior ADU.

Two Story Attached ADU is attached to the primary dwelling and is taller than 16 feet or is twostories

high (second story addition above existing home; two-story addition to existing home).

                                                                   REGULATIONS

Zoning: All five types of ADUs are permitted in all residential zones, including single-family,

multi-family, and mixed-use zones.

Permitting Process: Zone Clearance is required for all ADUs.

• A Plan Review is required for attached ADUs over 16 feet in height.

Number of ADUs per Lot: Single-family lots may have one ADU; however, two ADUs are

allowed with a junior ADU (room conversion less than 500 square feet) and a detached ADU

combination. Multi-family lots may have two detached ADUs. In addition, multi-family

dwellings may also have at least one internal ADU within portions that are not already used as

livable space. The number of internal ADUs is limited to 25% of the existing number of multifamily

units.

Design Standards: Design, colors, materials, and textures of ADUs must be compatible with the

primary dwelling units.

□ Maximum ADU Size: ADUs with one bedroom or less can be up to 850 square feet. ADUs with

two or more bedrooms can be up to 1,000 square feet on lots smaller than one acre. ADUs with

two or more bedrooms can be up to 1,200 square feet on lots one acre or larger. Junior ADUs are

limited to 500 square feet or less. Internal ADUs must be larger than 501 square feet. Detached

ADUs are limited to 800 square feet when combined with a junior ADU.

□ Maximum Height: Attached, internal, and junior ADUs have the same maximum height limit as

the primary dwelling unit. Detached ADUs are limited to 16 feet. Plan review is required for

attached ADU over 16 feet in height.

□ Minimum Setbacks: ADUs are subject to the same front yard setbacks as the primary residence.

Side and rear yard setbacks are four feet.

□ Lot Coverage: ADUs must conform to the lot coverage standards for the underlying zone.

However, lot coverage standards may not prohibit an ADU in the side or rear yards that does not

exceed 800 square feet, a height of 16 feet, and meets the 4-foot side and rear yard setbacks.

□ Kitchen and Bathroom Facilities: ADUs must include permanent cooking, sink, and bathroom

facilities. Junior ADUs must include an efficiency kitchen which must include, at a minimum, a

sink, refrigerator, counter, and cabinets. Junior ADUs may, but are not required to, include

separate bathroom facilities from the primary dwelling unit.

□ Driveway Access: ADUs must be served by the same driveway as the primary dwelling unit,

unless the ADU has access from a public alley or is located on a corner lot for which secondary

access is permitted.

□ Parking: One on-site parking space is required per attached ADU, detached ADU, and existing

non-habitable structure that is converted into an ADU. Garage conversion does not require

replacement of enclosed parking for the residence. Required parking may be uncovered and may

be tandem in a driveway. No parking is required for internal and junior ADUs. Parking is not

required for ADUs located within 1/2 mile of Metrolink station.

□ Entrances: Attached and internal ADUs must have a separate exterior entrance, which must be

located on the side or rear of the primary dwelling unit whenever possible.

□ Conversion of Existing Structures: A permitted structure may be converted to an ADU regardless

of whether it conforms to the current zoning requirements. If converting garage, garage door

must be removed and framed upon conversion.

□ Replacement of Existing Structures: A permitted structure may be demolished and replaced

with an ADU in the same location and to the same dimensions as the demolished structure.

□ Occupancy: Property owner must live in either the primary dwelling unit or the junior ADU.

Owner-occupancy is not required for the primary unit or attached, internal, and detached ADUs,

if the ADU is approved between 1/1/2020 and 12/31/2024. Rental period must be longer than 32

consecutive days if an ADU is rented. Short-term rentals are prohibited.

□ Ownership: ADUs cannot be sold separately from the primary dwelling units.

□ Addressing: A new ½ address will be assigned to the ADUs through the building permit process.

□ School Fees: School fees apply to ADUs larger than 750 square feet. Applicant must contact

Public Works and Building and Safety departments for information on any other applicable

                                                                  REGULATIONS

ORDINANCE NO. 1678—NS AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS AMENDING SECTIONS 9- 4.202, 9-4. 1802( c), 9- 4. 1803, 9-4.2104, 9- 4. 2501( a)( 3), 9- 4.2402( a)( 7), 9-4.2509( a), 9- 4.2509.5, AND 9-4. 2521; AND DELETING IN ITS ENTIRETY SECTION 9-4. 2521. 1 OF CHAPTER 4 OF TITLE 9 OF THE THOUSAND OAKS MUNICIPAL CODE REGARDING REGULATIONS FOR ACCESSORY DWELLING UNITS ( MCA 2019-70990) The City Council of the City of Thousand Oaks, California, DOES ORDAIN AS FOLLOWS: PART 1 Uncodified) The purpose of this ordinance is to amend the Thousand Oaks Municipal Code with regard to regulations for accessory dwelling units consistent with California Government Code Sections 65852. 2 and 65852.22. PART 2 Uncodified) Based on the information contained in the staff report and testimony provided at the public hearing, the City Council makes the following findings: 1. California Planning and Zoning 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). 2. In 2019, the California Legislature approved, and the Governor signed into law, several bills that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. The legislation took effect on January 1, 2020. 3. Since the City's ordinance regulating ADUs and JADUs does not comply with amended Government Code Sections 65852.2 and 65852.22 as of January 1, 2020, the City's ordinance is null and void as a matter of law, thereby limiting the City to the application of the default standards provided in Government Code Sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019- 70990) Page 1 Ord. No. 1678- NS 4. The approval of ADUs and JADUs based solely on the default statutory standards, without benefit of local zoning regulations, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. 5. The City therefore 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 while preserving community character and quality of life through local zoning regulations. 6. The ordinance complies with California Government Code Sections 65852.2 and 65852.22. 7. The ordinance is consistent with the Thousand Oaks General Plan. 8. The ordinance is exempt from the California Environmental Quality Act CEQA) pursuant to California Public Resources Code Section 21080. 17, and CEQA Guidelines Section 15282( h). PART 3 Section 9-4.202 of the Thousand Oaks Municipal Code is hereby amended in part to delete the definition of "Secondary dwelling unit" in its entirety and to change the definitions of "Accessory dwelling unit," " Efficiency unit," " Efficiency kitchen," "Junior accessory dwelling unit," and "Living area" to read as follows: Sec. 9- 4.202. Definitions. Accessory dwelling unit" shall mean 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 dwelling. It shall include 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. An accessory dwelling unit may be an efficiency unit or a manufactured home as defined in Section 18007 of the Health and Safety Code. Efficiency unit" shall mean a dwelling unit with a separate bedroom, closet, and kitchen, per California Building Code Section 1208.4. Efficiency kitchen" shall mean a kitchen that contains a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the dwelling unit. An efficiency kitchen may or may not contain a sink. CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 2 Ord. No. 1678-NS Junior accessory dwelling unit" shall mean an accessory dwelling unit that is contained entirely within the living area of an existing or proposed single-family dwelling and has an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 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, except accessory dwelling units. PART 4 Section 9-4. 1802( c) of the Thousand Oaks Municipal Code is hereby amended to read as follows: c) First floor room addition to the footprint of the principal structure to an existing single-family detached dwelling unit where the added floor area is more than 1, 000 square feet; PART 5 Section 9- 4. 1803 of the Thousand Oaks Municipal Code is hereby amended to read as follows: 7) First floor room addition-to an existing single family detached dwelling unit of less than the applicable threshold defined by Section 9- 4. 1802( c) of this article; PART 6 Section 9- 4. 2104 of the Thousand Oaks Municipal Code is hereby amended to state that the land use category "Accessory dwelling units, per Sec. 9- 4. 2521 and 9-4. 2521. 1" is a permitted use " P" in all residential zoning classifications; and to delete the land use category "Secondary dwelling units, per Sec. 9- 4. 2521" from the list of land use categories. PART 7 Section 9- 4. 2501( a)( 3) of the Thousand Oaks Municipal Code is hereby amended to read as follows: 3) Accessory buildings shall be limited to a maximum building height of fifteen 15') feet, except accessory dwelling units as provided in Section 9- 4.2521. PART 8 Section 9- 4.2402( a)( 7) of the Thousand Oaks Municipal Code is hereby amended to read as follows: CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 3 Ord. No. 1678-NS Use Parking Spaces Required 7) Dwelling, accessory As provided in Section 9- 4.2521 PART 9 Section 9- 4. 2509(a) of the Thousand Oaks Municipal Code is hereby amended in part to read as follows: a) Accessory buildings in rear yards, exclusive of detached accessory dwelling units pursuant to Section 9-4.2521. PART 10 Section 9-4.2509.5 of the Thousand Oaks Municipal Code is hereby amended to read as follows: a) Accessory buildings, excluding any secondary residential accessory dwelling units authorized by Section 9-4.2521, in all R Zones shall not have a floor area in excess of six hundred (600) square feet nor shall any accessory building in any R Zone have a floor area in excess of fifty ( 50%) percent of the footprint of the principal or main building unless otherwise authorized as part of a residential planned development permit in the RPD and HPD zones or subject to the approval of an Administrative Approval in the R-A, R- E, R-O, R- 1 and R-2 Zones in accordance with Section 94.2815. b) Cumulative floor area of accessory buildings in any R Zone exclusive of accessory dwelling units pursuant to Section 9-4.2521 shall not exceed one hundred (100%) percent of the footprint of the principal or main building on a single lot or parcel of land. c) Estate lots in the R-A, R-E, R-O and R- 1 Zones which are five (5) acres in size or greater shall be considered exempt from area requirements for accessory buildings except for area requirements applicable to accessory dwelling units pursuant to Section 9- 4.2521. CDD:660- 21/ Ordinance-CC/ pz( FILE ID MCA 2019- 70990) Page 4 Ord. No. 1678-NS PART 11 Section 9-4.2521 of the Thousand Oaks Municipal Code is hereby amended in its entirety to read as follows: Sec. 9- 4.2521. Accessory Dwelling Units. a) Intent and purpose. The intent and purpose of this Section is to provide a means by which the City' s existing housing resources and infrastructure may be more effectively utilized to produce less costly rental housing through the creation of new accessory dwelling units( ADUs) on residentially zoned lots that already contain one legally established unit. By the adoption of this ordinance, the City finds that ADUs are consistent with the allowable density for the lot upon which the ADU is located, and that ADUs are a residential use that is consistent with the existing General Plan and zoning designation for the lot. b) Authority. California Government Code Sections 65852.2 and 65852.22 allow local agencies to provide for the creation of ADUs and Junior ADUs, respectively, in areas zoned for single-family and multifamily residential use. The City may designate areas for ADUs based on the adequacy of water and sewer services and the impact on traffic flow and public safety. c) Location and Number of ADUs. 1) Single-Family Zones. i) ADUs may be constructed on any lot in the R-A, R-E, R-O, R1, or HPD zone that is improved with one legal existing or proposed primary dwelling unit, subject to the requirements of this Section. ii) Lots in the R-A, R- E, R-O, R- 1, or HPD zone may have a maximum of one Junior ADU and one additional ADU that is attached to the primary dwelling or detached, for a maximum total of two ADUs. 2) Multiple Family Zones. i) ADUs may be constructed on any lot in the R- 2, R- 3, or RPD zone that is improved with one or more legal existing or proposed dwelling units, subject to the requirements of this Section. CDD:660- 21/ Ordinance-CC/ pz( FILE ID MCA 2019-70990) Page 5 Ord. No. 1678-NS ii) Lots in the R-2, R-3, or RPD zone may have a maximum of two detached ADUs. In addition, portions of existing dwelling structures that are not used as livable space, including but limited to storage rooms, boiler rooms, passageways, attics, basements, and garages, may be converted into attached ADUs. The number of attached ADUs on a lot may not exceed 25 percent of the number of existing multifamily dwelling units. d) Development Standards. ADUs are subject to all development standards applicable to the zone in which they are located except as provided in this Section. The standards provided in this Section supersede any conflicting standards otherwise applicable to the zone. 1) Development Standards Table. All ADUs must comply with the applicable standards in the table. Development Junior ADU ADU Within or Standard Attached to Primary ADU Detached from Dwelling Primary Dwelling Front setback Same as required for primary dwelling Same as required for primary dwelling, and no closer to the front property line than the proposed or existing primary dwelling structure Rear setback Same as required for primary dwelling 4 feet Side setback Same as required for primary dwelling 4 feet Street side setback Same as required for primary dwelling Maximum height Same as required for primary dwelling 16 feet Minimum size Same as efficiency dwelling unit Maximum size 500 square feet 50% of primary 850 square feet for dwelling area or studio or 1- bedroom 800 square feet, unit whichever is greater 1, 000 square feet for unit with 2 or more bedrooms CDD:660-21/ Ordinance-CC/ pz( FILE ID MCA 2019-70990) Page 6 Ord. No. 1678- NS Development Junior ADU ADU Within or Standard Attached to Primary ADU Detached from Dwelling Primary Dwelling Minimum number of None required None required for efficiency and studio units parking spaces 1 space per unit for units with 1 or more bedrooms, except as provided in Subsection( e) Required cooking Efficiency kitchen Full kitchen facilities Required sanitation May be separate from, Must be separate from primary dwelling facilities or shared with, primary dwelling 2) Maximum Size. The maximum size of an ADU may be limited to less than that shown in the above table through the application of other development standards such as lot coverage, floor area ratio, or open space. However, in no case may the maximum allowed size of an ADU, other than a Junior ADU, be limited to less than 800 square feet, notwithstanding any other development standards. 3) Conversion of Existing Structures. i) A portion of an existing legally established single-family dwelling, or all or a portion of an existing legally established accessory structure, may be converted to an ADU, even if such structure does not comply with the otherwise applicable height and setback requirements. ii) An accessory structure may be demolished and reconstructed in the same location and to the same dimensions and may be fully or partially converted to a detached ADU, even if such structure does not comply with the otherwise applicable height and setback requirements. iii) An accessory structure, including a demolished and reconstructed structure, that is being fully or partially converted to a detached ADU, may be expanded by up to 150 square feet to accommodate ingress and egress, so long as such expansion does not increase the nonconformity of the structure. CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 7 Ord. No. 1678- NS 4) Objective Design Standards. i) The materials and colors of exterior walls, roof, eaves, windows, and doors of an ADU must match those of the primary dwelling. ii) The roof slope of an ADU must match the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. iii) The ADU must have an independent exterior entrance separate from the primary dwelling. e) Parking. 1) ADU parking spaces may be covered or uncovered, may be located in any setback area, and may be tandem in a driveway. 2) ADU parking spaces are in addition to those required for the primary dwelling on the lot. Provided however that when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, those parking spaces are not required to be replaced. 3) No on- site parking is required for an ADU in any of the following instances: i) The ADU is located within one- half mile walking distance of public transit. ii) The ADU is located within an architecturally and historically significant historic district. iii) The ADU is part of the proposed or existing primary dwelling or an accessory structure and/ or is created from the conversion or reconstruction of an existing structure pursuant to Subsection ( d)( 3). iv) On- street parking permits are required but not offered to the occupant of the ADU. CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 8 Ord. No. 1678-NS v) There is a car share vehicle located within one block of the ADU. f) Fire Sprinklers and Utilities. 1) The City may not require fire sprinklers for ADUs if they are not required for the primary dwelling. 2) New or separate utility connections from the primary dwelling may be required for ADUs, except in the following instances, when new or separate connections are not required and connection fees and capacity charges may not be imposed: i) Junior ADUs ii) Attached or detached ADUs created from the conversion or reconstruction of an existing structure pursuant to Subsection d)( 3), unless constructed with a new single-family dwelling. g) Applications and Approvals. 1) ADU applications must be approved through a ministerial process and are not subject to architectural design review or precise plan of design. The requirements set forth in Article 18 of this Chapter are not applicable to ADUs. 2) The City may not require the correction of any existing nonconforming zoning conditions prior to approving an ADU application. 3) ADU applications must be acted upon within 60 days from the date a complete application is submitted unless the applicant requests a delay, in which case the time period is tolled for the period of the delay, and except as provided in Subsection (4). 4) If an application for an ADU is submitted in conjunction with an application to construct a new single-family or multifamily dwelling, the ADU application may not be approved until the application is approved for the new dwelling. The application for the ADU must be processed ministerially regardless of the approvals required for the dwelling. The 60-day time period is tolled until the application to construct the new dwelling is approved. CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 9 Ord. No. 1678- NS 5) A certificate of occupancy for an ADU may not be issued before issuance of a certificate of occupancy for the primary dwelling. h) Occupancy and Conveyance. 1) An ADU may be rented separately from the primary dwelling but may not be sold or otherwise conveyed separately from the primary dwelling. 2) An ADU may not be rented for a period of less than 30 consecutive days. 3) On a lot with a Junior ADU, the property owner must occupy either the primary dwelling or the Junior ADU. The City may require a covenant to be recorded on the property to provide notice and disclosure to future owners of the owner occupancy requirement. 4) On a lot with an ADU permitted prior to January 1, 2020, or on or after January 1, 2025, the property owner must occupy the primary dwelling or the ADU. The City may require a covenant to be recorded on the property to provide notice and disclosure to future owners of the owner occupancy requirement. There is no owner occupancy requirement for ADUs permitted on or after January 1, 2020 and before January 1, 2025. i) Fees. 1) An ADU may not be considered a new residential use for the purpose of calculating utility connection fees or capacity charges unless the ADU is constructed with a new single-family dwelling. 2) Impact fees may not be assessed on an ADU smaller than 750 square feet. Impact fees may be assessed on an ADU of 750 square feet or greater in an amount proportionate to the square footage of the primary dwelling unit. PART 12 Section 9-4.2521. 1 of the Thousand Oaks Municipal Code is hereby deleted in its entirety. CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 10 Ord. No. 1678-NS PART 13 Uncodified) Severability If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that this Ordinance, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. PART 10 Uncodified) Effective Date This Ordinance shall take effect immediately upon adoption by a four-fifths 4/ 5) vote of the City Council. PASSED AND ADOPTED THIS 28th day of January, 2020. jdd/vp, Al Adam, Mayor City of Thousand Oaks, California ATTEST: 29,444k VIC° Cyn is M. Rodriguez, City C rk APPROVED AS TO FORM: 40 ILL() Tracy . No' nan, City Attor y APPROVED AS TO ADMINISTRATION: Andr P. Powers, ' ty anager CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 11 Ord. No. 1678- NS THIS PAGE INTENTIONALLY LEFT BLANK TO ALLOW FOR INSERTION OF CERTIFICATION BY CITY CLERK CDD:660- 21/ Ordinance- CC/pz( FILE ID MCA 2019-70990) Page 12 Ord. No. 1678-NS CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF THOUSAND OAKS ) I, CYNTHIA M. RODRIGUEZ, City Clerk of the City of Thousand Oaks, DO HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Ordinance No. 1678- NS that was passed and adopted as an Urgency Ordinance by the City Council of the City of Thousand Oaks at a regular meeting held January 28, 2020, by the following vote: AYES: Councilmembers Bill-de la Pena, Engler, Jones, Adam and Mayor McCoy NOES: None ABSENT: None I further certify that said Ordinance No. 1678-NS was published as required by law in the VENTURA COUNTY STAR, a newspaper of general circulation printed and published in said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Thousand Oaks, California. VtaGat Cy thia M. Rodriguez, City C Date AtdfMte ted City of Thousand Oaks, Cali is CDD:660-21/ Ordinance-CC/pz( FILE ID MCA 2019-70990) Page 13 Ord. No. 1678- NS

18.23.210 Second dwelling units.

A.    Purpose. The purpose of this section is to:

1.    Allow second dwelling units as an accessory use to single-unit dwellings, consistent with California Government Code Section 65852.2; and

2.    Maintain the single-family character of neighborhoods in the City.

B.    Standards.

1.    Location. Second units may be established on any lot in any district where a primary single-unit dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit and there is no other second dwelling unit within four hundred feet measured from nearest edge of the lot line of each respective or proposed second dwelling unit. The Director may grant a waiver to the four-hundred-foot separation requirement if he finds that there are no substantial parking, privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit. The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least ten days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.

2.    Number of Units. Only one second unit is permitted per primary single-family dwelling on the same lot.

3.    Type of Unit. The second unit shall provide separate, independent living quarters for one household. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two dwelling units.

4.    Maximum Floor Area. The gross floor area of a detached second unit shall not exceed six hundred forty square feet. The gross floor area of an attached second unit shall not exceed thirty percent of total living area, or the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code, whichever is greater, with a maximum allowable floor area of one thousand two hundred square feet.

5.    Development Standards. Second units shall conform to the height, setbacks, lot coverage and other zoning requirements of the zoning district in which the site is located, the following development standards, other requirements of the Zoning Ordinance, and other applicable City codes.

a.    Height. The maximum height of a second dwelling unit is fifteen feet; twenty-eight feet if located over a detached garage.

b.    Setbacks. In addition to all other requirements of the zoning district, any detached second dwelling units shall be located a minimum of five feet from all side and rear lot lines.

i.    The Director may grant a waiver to this setback requirement for second units constructed prior to January 1, 2003, if the length of the building does not exceed twenty-five feet or one-third of the unobstructed distance along a lot line or the structure has been determined to be legally nonconforming and if he finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit.

ii.    In no event shall any detached second dwelling unit be located closer than three feet from any property line.

iii.    The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least twenty days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.

c.    Openings. Openings, including but not limited to windows and doors, for detached second dwelling units that are located ten feet or less from an interior side or rear lot line are prohibited on walls facing such lot lines.

i.    The Director may grant a waiver, pursuant to the provision of Chapter 18.33, Waivers, to allow openings for detached second dwelling units that are located ten feet or less from a side or rear lot line on walls facing lot lines if he/she finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit.

ii.    The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least twenty days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.

6.    Architectural Compatibility. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of the second dwelling unit shall be substantially the same as and visually compatible with the primary dwelling.

7.    Parking. One independently usable on-site parking space shall be provided for the second dwelling unit, which shall be provided in addition to the required parking for the primary single-unit dwelling. This space shall comply with all development standards set forth in Chapter 18.20, Parking and Loading.

a.    A tandem parking space may also be used to meet the parking requirement for the second dwelling unit, providing such space will not encumber access to a required parking space for the primary single-unit dwelling.

b.    Required parking for the primary single-family dwelling may not be removed for the creation of a second dwelling unit (e.g., garage conversions), or allocated to meet the parking requirement for the second dwelling unit, unless replacement parking is provided in accord with this title.

c.    The Zoning Administrator may grant a waiver to the parking requirement if it is found that there are no significant parking impacts associated with adding to the on-street parking situation in the neighborhood. The Zoning Administrator shall hold a public hearing with notice to neighbors at least ten days prior to the hearing, as provided for in Chapter 18.27, Common Procedures, prior to granting a waiver.

8.    Code Compliance. The second unit shall comply with all provisions of the municipal code in effect at the time of approval of the building permit for the second unit.

9.    Emergency Access. A second dwelling unit may be permitted only on a lot with access from a roadway that meets the fire apparatus access road requirements of the California Fire Code Section 902.2.2.1.

10.    Owner Occupancy. Either the primary dwelling unit or the second dwelling unit shall be owner-occupied. The property owner shall enter into a restrictive covenant with the City, which shall be recorded against the property. The restrictive covenant shall confirm that either the primary dwelling unit or the second dwelling unit shall be owner-occupied and prohibit rental of both units at the same time. It shall further provide that the second dwelling unit shall not be sold, or title thereto transferred separate and apart from the rest of the property.

C.    Amnesty (Preexisting Units). Record owners of second dwelling units constructed prior to January 1, 2003, who wish to legalize such units without penalty, may obtain a certificate of legalization from the Building Official by complying with the following requirements. For purposes of this section, the time of construction for amnesty units shall mean the date the structure was initially used as a second dwelling unit. A structure not used as a second dwelling unit prior to January 1, 2003, and converted to a second dwelling unit on or after that date shall be considered a new second dwelling unit and shall be required to meet current requirements of the Building Code and all standards of subsection C of this section.

1.    Provide evidence to the satisfaction of the Building Official that the second dwelling unit was constructed prior to January 1, 2003.

2.    Provide plans and documentation demonstrating compliance with subsection B of this section, Standards.

3.    Provide the Building Official a property inspection report for the second dwelling unit from a licensed contractor, or property inspector, which report shall be subject to Building Division verification and correction of any code violations noted. The Building Official may authorize a City inspector to provide the inspection report at his/her discretion.

4.    Correct any health and safety defects in construction and comply with any codes in effect at the time of original construction of the second dwelling unit to the satisfaction of the Building Official.

5.    Pay all required fees. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

 https://www.codepublishing.com/CA/SanCarlos/html/SanCarlos18/SanCarlos1823.html#18.23.210 

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