City of Concord ADU Granny Flat Regulations

In an effort to combat rising housing costs California passed major legislation allowing any house zoned for single-family to build a second rentable unit, known as an accessory dwelling unit. This has opened up massive opportunities for California homeowners allowing them maximize their property values. If you’re interested in building an accessory dwelling unit, you’ve come to the right place!

Contact info@usmodularinc.com or 888-987-6638 for more information!

Concord-04-12-17ADU Rules Regs

ORDINANCE NO. 17-2

CE llFIED COpy

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE AS

2 FOLLOWS: A TEXT AMENDMENT TO THE DEVELOPMENT CODE

(pLI723-DC), REPEALING AND REPLACING SECTION 18.200.180

3 (SECONDARY LIVING UNITS) WITH SECTION 18.200.180 (ACCESSORY

DWELLING UNITS), AND AMENDING SECTIONS 18.200 (STANDARDS

4 FOR SPECIFIC USES), CHAPTER 18.20 (GENERAL TERMS), TABLE

18.30.020 (RESIDENTIAL DISTRICTS), TABLE 18.35.020 (NORTH TODOS

5 SANTOS DISTRICT), TABLE 18.40.020 (OFFICE AND COMMERCIAL DISTRICTS), TABLE 18.45.020 (DOWNTOWN DISTRICTS), TABLE 18.50.020

6 (BUSINESS PARK AND INDUSTRIAL DISTRICTS) TABLE 18.55.020

(pUBLIC IQUASI-PUBLIC DISTRICT), TABLE 18.60.020 (COMMUNITY

7 LAND DISTRICTS), CHAPTER 18.420 (ADMINISTRATIVE PERMITS),

CHAPTER 18.415 (DESIGN AND SITE REVIEW), CHAPTER 18.160

8 (pARKING LOADING AND ACCESS), CHAPTER 18.155.060 (DESIGN

CRITERIA FOR SMALL LOT SINGLE-FAMILY SUBDIVISIONS), AND A

9 TEXT AMENDMENT TO CONCORD MUNICIPAL CODE CHAPTER 13.05

(SEWER SYSTEM)

RECITALS

12 WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and

13 all adopted City of Concord (“City”) zoning laws, ordinances, rules and regulations; and

14 WHEREAS, on September 27,2016, in an effort to address the State’s ongoing housing

15 crisis, Governor Brown signed Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski) into

16 law, which amended Government Code Section 65852.2 governing Accessory Dwelling Units; and

17 WHEREAS, on September 28,2016 Assembly Bill 2406 (Thurmond) was approved by

18 Governor Brown, which authorizes a local agency to provide for the creation of Junior Accessory

19 Dwelling Units (JADU) by ordinance; and

20 WHEREAS, pursuant to state law, the City of Concord is required to amend existing Section

21 18.200.180 of the Development Code regulating Accessory Dwelling Units in order to bring the

22 regulations into alignment with SB 1069 and AB2299; and

23 WHEREAS, in an effort to comply with state requirements, an amendment regulating

24 Accessory Dwelling Units in alignment with the above noted state legislation is proposed and attached

25 hereto as Exhibit A of this resolution to replace Section 18.200.180 in its entirety; and

26 WHEREAS, in addition to Section 18.200.180, state requirements also require additional

27 amendments to the Development Code, as set forth in Exhibits B through N, and to the City’S

28 Municipal Code, as set forth in Exhibit O.

Ord. No. 17-2 1

1 WHEREAS, such text amendment is in the form of the proposed Development Code and

2 Municipal Code Text Amendments attached hereto as Exhibits A through 0 and incorporated by

3 reference, in order to ensure compliance, consistency, and address minor term and definition changes

4 (the amendments as indicated in Exhibits A through 0 are collectively referred to as “Amendment”);

5 and

6 WHEREAS, the City has complied with the requirements of the Local Planning Law

7 (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with

8 respect to approval of amendments to Title 18 of the Concord Municipal Code (“Development

9 Code”); and

10 WHEREAS, said amendment is statutorily exempt from the requirements of the California

11 Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and

12 implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations

13 (collectively “CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines

14 Section 15282(h) as the adoption of an ordinance regarding second units in a single-family or multi-

15 family residential zone by the City to implement the provisions of Government Code Sections

16 65852.1 and 65852.2 is.exempt by statute from CEQA review; and

17 WHEREAS, the City Council, after giving all public notices required by State Law and the

18 Concord Municipal Code, held a duly noticed public hearing on March 7, 2017, on the proposed

19 Amendment and declared their intent to approve and adopt the Amendment.

20 THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

21 Section 1. In accordance with CEQA Guidelines Section 15282(h) and Public Resources

22 Code Section 21080.17, City Council action on this item is statutorily exempt from CEQA review, as

23 the adoption of an ordinance regulating second units in a single-family or multi-family residential

24 zone by the City to implement the provisions of Government Code Sections 65852.1 and 65852.2 is

25 exempt by statute from CEQA review.

26 Section 2. Concord Development Code, Title 18, Chapter 18.200.180 (Secondary Living

27 Units) is hereby repealed and replaced with Chapter (Accessory Dwelling Units), and Concord

28 Development Code Sections 18.200 (Standards for Specific Uses), Chapter 18.20 (General Terms),

Ord. No. 17-2 2

1 Table 18.30.020 (Residential districts), Table 18.35.020 (North Todos Santos District), Table

2 18.40.020 (Office and Commercial Districts), Table 18.45.020 (Downtown Districts), Table 18.50.020

3 (Business Park and Industrial Districts), Table 18.55.020 (public/Quasi-Public District), Table

4 18.60.020 (Community Land Districts), Chapter 18.420 (Administrative Permits), Chapter 18.415

5 (Design and Site Review), Chapter 18.160 (parking Loading and Access), Chapter 18.155.060

6 (Design criteria for small lot single-family subdivisions), and Concord Municipal Code Chapter 13.05

7 (Sewer System) are hereby amended as set forth in Exhibits A through 0, attached hereto and made a

8 part hereof.

9 Section 3. This ordinance shall become effective thirty (30) days following passage and

10 adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a

11 certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least

12 five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of

13 the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be

14 published once at least five (5) days prior to the date of adoption of this Ordinance and once within

15 fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East

16 Bay Times, a newspaper of general circulation in the City of Concord.

20 ATTEST:

25 (Seal)

26 II

27 II

28 II

Laura M. Hoffmei

Mayor

.02-

Ord. No. 17-2 3

1 Ordinance No. 17-2 was duly and regularly introduced at a regular meeting of the City Council

2 of the City of Concord held on March 7, 2017, and was thereafter duly and regularly passed and

3 adopted at a regular meeting of the City Council of the City of Concord on March 28, 2017, by the

4 following vote:

5 AYES: Councilmembers – E. Birsan, R. Leone, T. McGallian, C. Obringer, L. Hoffmeister

6 NOES: Councilmembers – None

7 ABSTAIN: Councilmembers – None

8 ABSENT: Councilmembers – None

9 I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and

10 regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

15 Attachments –

Exhibits: A. Section 18.200.180 Accessory Dwelling Units

16 B. Section 18.200 Standards for Specific Uses

17 C. Chapter 18.20 General Terms

Table 18.30.020 Table Residential Districts

18 E. Table 18.35.020 Table North Todos Santos District

Table 18.40.020 Table Office and Commercial Districts

19 G. Table 18.45.020 Table Downtown Districts

Table 18.50.020 Table Business Park and Industrial Districts

20 1. Table 18.55.020 Table Public/Quasi-Public District

21 J. Table 18.60.020 Table Community Land Districts

Chapter 18.420 Administrative Permits

22 L. Chapter 18.415 Design and Site Review

Chapter 18.160 Parking Loading and Access

23 N. Chapter 18.155.060 Design Criteria for Small Lot Single-Family Subdivisions

24 O. Chapter 13.05 Sewer System

25 ‘-certify that Uti.,I.8 true, copy of a_documen.t on file ,In,thl.’ Office .

26 . ~

Clti ‘C’rei’lc-

27 City Df ConCord, California

Ord_ No_ 17-2 4

Exhibit A

Replacement language for Section 18.200.180 page 1-7

Language to be removed for Section 18.200.180 page 8-13

Remove strike through and add underlined language

18.200.180 Accessory dwelling units.

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), accessory dwelling units shall comply with the requirements of this section.

Purpose. The purpose of this section is to comply with California Government Code Section

65852.2. which provides for local jurisdictions to set standards for development of accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they rema~n compatible with the existing neighborhood.

Definitilons.

“Accessory Dwelling Unit means an attached or detached residential dwelling unit which shall provide complete independent living facilities, including permanent provisions for living, sleepinq, eating, cooking, and sanitation, on the same parcel as the principal dwelling. An accessory dwelting unit also includes an Efficiencv Unit and Junior Accessory Dwelling Unit, defined below.

“Architecturallv and Significant Historic District” means one of the officially recognized historic landmarks or council designated historic districts in the City.

“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit.

“Efficiency Kitchen” incl’udes a sink with a maximum waste line diameter of 1.5 inches, a food preparation counter with storage cabinets, and a cooking facility for appliances that do not require electrical service greater than 120 volts or natural or propane gas.

“Efficiencv Unit’ is a small attached or detached accessory dwelling unit. with a maximum floor area of 150 square feet and which includes an efficiency kitchen and bathroom facilities, as specified by this ordinance per the California Health and Safety Code

Section 17958.1.

“Existing” means any legally built building that passed a final building inspection by or before January 1. 2017.

“Junior Accessory Dwelling Unit” is a type of accessory dwelling unit, which has a maximum floor area of 500 sguare feet in size and is contained entirely within an existing single-family residence and may include separate sanitation facilities or share sanitation facilities with the existing residence. Junior Accessory Dwelling units must be constructed within existing walls of the prinCipal dwelling and must include an existing bedroom and an efficiency kitchen.

“Large Accessory Dwelling Unit” means an accessory dwelling unit that is over 640 sguare feet and no larger than 1,200 sguare feet.

“Living Area” means the interior habitable area of a principal dwelling, which passed a final building inspection by or on January 1, 2017, including basements and attics but not garages and or any habitable accessory building.

“Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for city taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property.

“Principal Dwelling” means the legal single-family residential dwelling that is established

or will be established as the primary use and building on a residential parcel, to which the

Accessory Dwelling Unit may be established through and subordinate to.

“Public Transif’ means an existing Bay Area Rapid Transit (BART) station within

Concord.

“Small Accessory Dwelling Unit” means an accessory dwelling unit that is not smaller than 150 square feet and no larger than 640 square feet.

Accessory Dwelling Unit Types. An accessory dwelling unit may be established through:

Conversion of existing living area or attached garage in an existing principal dwelling;

An addition to an existing prinCipal dwelling;

Conversion of an existing detached legal accessory building on a lot with an existing principal dwelling, provided it is set back at a distance sufficient for fire safety; or

Construction of a new detached building.

Permit Requirements. Accessory dwelling units shall be subject to the following approval in accordance with Division VII of this title (Permits and Permit Procedures).

Ministerial Review Required. The Planning Division shall ministerially review a complete accessory dwelling unit application within 120 days of submittal of a completed application. Review is limited to ensure that the accessory dwelling unit complies with the requirements in this section.

Building Division Permit Required. In addition to the accessory dwelling unit application, the applicant shall be required to obtain all appropriate permits from the building division prior to the construction or conversion of the accessory dwelling unit.

Concurrent Review. For existing accessory buildings and living area conversions, accessory dwelling unit applications can be reviewed concurrently with the submittal of any building division permit application, provided the application forms, applicable fees, and supporting documents are submitted concurrently. The concurrent review of building division permit and accessory dwelling unit applications is not available for projects involving new construction.

Accessory Dwelling Unit Regulations.

Allowed Use. Accessory dwelling units are allowed in all single-family residential (RR, RS) districts, low density residential districts (RL), and other districts where a legal detached single-family dwelling exists.

Page 2 of 13

Limitation. No more than one accessory dwelling unit or junior accessory dwelling unit shall be allowed per legal principal dwelling.

Size. On lots less than 12,000 square feet in net area. only Small Accessory Dwelling Units are allowed. On lots at or over 12.000 square feet in net area. both Small and Large Accessory Dwelling Units are allowed.

Zoning Development Standards. The principal dwelling and the accessory dwelling unit shall meet all provisions of the zoning district in which they are located. including

setbacks. height, and parking requirements and other applicable provisions of the development code, except as allowed by this section.

Setbacks.

Setback Requirements by Type of Accessory Dwelling Unit.

Type of	Conversion of existing	Existing	accessory	New addition to an	New detached
accessory dwelling unit	living area within a principal dwelling	building	conversion	existing principal dwelling	building

Required	No additional setback.	but distance must be	Five foot side and rear setback.
setback	sufficient for fire safety.

Setbacks for Second-Story Accessory Dwellinq Units. A minimum setback of five feet from the side and rear lot lines shall be required for a second-story

accessory dwellinq unit proposed above a garage or principal dwelling as a

second-story. For accessory dwelling units proposed above a garage or principal dwelling. the accessory dwellinq unit shall not project beyond the front building line of the principal dwellinq for which the unit is constructed upon.

Front and Corner-Side Setbacks. Accessory dwellinq units shall comply with the minimum required front and corner-side setbacks required for the principal dwellinq. except as modified by this section.

Lot Coverage. The accessory dwelling unit shall meet the lot coverage requirement of the district in which they are located. except as allowed by this section. An efficiency unit as defined above is allowed as an attached or detached dwelling regardless of the

existing lot coverage.

Size.

Small Accessory Dwellinq Units. The total floor area of a small accessory

dwelling unit shall be no less than 150 square feet or more than 640 square feet, exclusive of the carport or garage. The small accessory dwelling unit shall have no more than one bedroom.

Large Accessory Dwelling Units. The total floor area of the large accessory dwelling unit must be over 640 square feet and no larger than 1.200 square feet. exclusive of the carport or garage. The Large Accessory Dwelling unit shall have no more than two bedrooms.

The following requirements also apply:

Page 3 of 13

If an attached garage or carport is proposed for the accessory dwelling unit as an accessory structure provided for in CDC 18.200.030, the maximum floor area for both structures combined shall be subordinate to the primary single-family dwelling and shall not exceed 75 percent of the living area of the principal dwelling.

If a garage or carport is proposed to be attached to the accessory dwelling unit as an accessory structure provided for in CDC 18.200.030, the maximum size of the accessory structure shall be 460 square feet. The attached garage or carport shall not count toward the maximum area allowed for the accessory dwelling unit.

iii. No other accessory structure, as provided for in CDC 18.200.030 shall be allowed to be attached to the accessory dwelling unit.

The increased floor area of an attached accessory dwelling unit shall not exceed

50 percent of the existing living area of the principal dwelling, with the maximum increase in floor area based upon the lot size as listed above as a small or large accessory dwelling unit.

Height.

Attached accessory dwelling units shall be shorter than or equal to the principal dwelling in height, except when proposed as a second-story addition above a garage or principal dwelling.

Detached accessory dwelling units shall be no taller than one-story structures, up to 12 feet in height. The height may be increased pursuant to Section

18.200.030 by one foot for every two feet of additional setback provided, up to a maximum height of 16 feet.

Design.

Subordinate Design. The accessory dwelling unit and any attached covered parking shall be clearly subordinate to the principal dwelling by size, height. location, and exterior appearance as defined below.

Colors & Materials. The exterior appearance of the accessory dwelling unit shall match the principal dwelling in roof and siding materials and colors.

Access. Access to an accessory dwelling unit by stairs or ADA-compliant ramp may be permitted to encroach or project into setbacks as allowed by Table

18.150.140.

Entrance. All accessory dwelling units including junior accessory dwelling units shall not have a separate entrance located on the same side as the entrance for the principal dwelling.

Privacy. When a second-story accessory dwelling unit is proposed within the required setbacks for the principal dwelling, no second-story windows should be placed on the elevation within the setback unless they are designed with a minimum window sill height of 5 feet, use obscure glass, and/or use other techniques to avoid direct line of sight into adjacent properties.

Page 4 of 13

Garage Doors. Garages that are converted to an accessory dwelling unit shall include the removal of garage doors and enclosure of the opening with walls. pedestrian doors. and windows that match those utilized on the remainder of the building if attached or that match the principal dwelling if detached.

9· Permanent Foundation. A permanent foundation system in accordance with the

Uniform Building Code (UBC) shall be required for all accessory dwelling units.

Entrance.

AH accessory dwelling units must include an exterior entrance.

Junior accessory dwelling units must include a separate exterior entrance from the principal dwelling and an interior entry to the main living area within the principal dwelling.

Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parkiing for the principal dwelling. No additional parking is required for junior Accessory Units.

Parking for Accessory Dwelling Unit. One off-street parking space is required per bedroom for an accessory dwelling unit. The off-street parkinq space shall be provided as follows:

i,. The parking space may be an uncovered space or tandem space and may be located in the front yard setback if contained within the space of an existing paved driveway. Unless findings can be made that parking in setback areas or tandem parking is not feasible based upon fire and life safety conditions.

If the subject site only has a Single-car garage serviced by an existing sinqle-car driveway. the driveway pavement may be widened up to an addi,tional nine feet to provide one parking space for the accessory unit. Widening the existing driveway is allowed, provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.

iii. Parking for the accessory dwelling unit maynot result in or include additionally proposed curb cuts.

Parking, for Principal Dwelling. When a garage, carport. or covered parking structure for the principal dwelling is demolished in conjunction with the construction of an accessory dwelling unit. the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including. but not limited to, as covered spaces. uncovered spaces or tandem spaces contained within the space of an existing paved driveway within the front yard setback. or by the use of mechanical automobile parking lifts.

Parking Exemption. Required parking for an accessory dwelling unit is not required in any of the following instances:

The accessory dwelling unit is located within one-half mile radius of public transit.

Page 5 of 13

The accessory dwelling unit is located within an architecturally and significant historic district.

iii. The accessory dwelling unit is proposed through a conversion and is within the existing walls of the principal dwelling or an existing legal accessory building.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

When there is a car share vehicle site located within one block of the accessory dwelling unit.

Trees. When the construction of an accessory dwelling unit involves the removal of a protected tree as defined in Chapter 18.310, the owner must submit a tree permit application to the Public Works Department. which shall be reviewed and approved prior to the submission of an accessory dwelling unit application.

Owner Occupancy.

For Junior Accessory Dwelling Units both units shall be occupied as separate single-family residential dwellings only if the legal owner occupies one of the units; otherwise, the two units shall be occupied as if they were one single-family residential dwelling.

Nothing in this section prohibits one or both of the dwelling units from remaining vacant.

The accessory dwelling unit may not be rented for less than 30 days.

Owner occupancy reguirement shall be waived for government agencies, land trusts, or housing organizations.

Deed Restriction. A recorded deed restriction is required for junior accessory dwelling units. The deed restriction shall run with the land, prohibit the sale of the junior accessory dwelling unit separately from the principal dwelling, and require the legal owner to reside within either the principal dwelling or the junior accessory dwelling unit. For accessory dwelling units that were established with a deed restriction, the deed restriction may be removed upon proof provided by the owner that the permitted accessory dwelling unit has been removed.

Subdivision. No subdivision of land or air rights shall be allowed.

Sale Prohibited. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the prinCipal dwelling.

Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.

Exemptions.

Hillside Development. The living area of an accessory dwelling units proposed on any hillside parcel are exempt from the hillside development use permit requirements described in Chapter 18.300. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to: detached or

Page 60f 13

attached garages’, sheds or playhouses are not exempt from the hillside development use permit process when applicable.

Design Review. Accessory dwelling units shall be exempt from the Design and Site Review requirement as described in Chapter 1’8.415. However. accessory dwelling units proposed above a garage or principal dwelling as a second-story must comply with the additional window treatments as described in the Design section above. Other attached

or detached areas. buildings or structures proposed as part of an accessory dwelling unit including but not limited to: detached or attached garages. sheds or playhouses are not exempt from the design review requirement process when applicable.

Environmental Review. As a ministerial project, an application for an accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).

Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 shall comply with the development standards in 18.305.040 but are exempt from the design and site review application requirement.

Appeals. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final. No appeals are permitted.

Page 7 of 13

Where allowed by Division” of this title (Zoning Districts Uses and Standards), secondary living units shall comply with the requirements of this section.

Applicability. Secondary living units are allo’Ned in all single family residential (RR. RS) districts, low density residential districts (RL), and in other districts where single family uses-are aIlO’.\’ed.

Limitation. ~Jomore than one principal single family dwelling and one secondary living unit shall be allowed on any parcel in a single family residential (RR. RS) district.

Compliance with City Ordinances. The principal single family d'””elling and the secondary living unit shall meet all provisions of the district in ‘””hich they are located, including setbacks, height, lot coverage, and parking requirements and other applicable provisions of the development code, except as allowed by this section.

Location.

The secondary living unit shall be located ‘Nithin the area of the lot allowed for the principal dwelling and shall not be located within any required setback area.

The secondary living unit may be established through:

Conversion of existing floor space in an existing single family d’Nelling;

An addition to an existing single family dwelling;

Conversion of an existing accessory structure; provided, that it is located within the area allo’Ned for principal single family d’tVelling;

Construction of a new detached structure; provided, that it is located behind and within the area allOINedfor principal single family d’llelling;

Page 8 of 13

On a vacant lot when a new single family d’,t,’elling and the secondary living unit are approved and constructed at the same time, subject to:

A deed restriction, pursuant to subsection (C) of this section, recorded prior to issuance of any building permit; and

Occupancy approval for the principal single family dwelling is granted prior to occupancy approval for the secondary living unit.

Ovmer Occupancy.

Both units shall be occupied as separate single family dwellings only if the legal owner occupies one of the units; otherNise, the hO/o units shall be occupied as if they Y/ere one single family d’.\’elling. Nothing in this section prohibits one or both of the d’Neliing units from remaining vacant.

The city shall require recordation of a deed restriction setting forth this occupancy requirement. The deed restricti’on shall require that the legal O’lvnerof the property must occupy either the principal single family dv,relling or the secondary living unit.

d-:–TwoYear Pilot Program. For new units of 640 square feet or less only, during the time period from May 12, 2016, to May 12, 2018, the 1′.’,10 year pilot program requirements are as follows:

Except as otherwise expressly provided herein, all requirements of this section shall apply.

Small secondary living units (up to 640 square feet in size) shall be entitled to a 50 percent reduction to existing park land and OSIP (traffic) as reflected

in the city’s master fees and charges schedule. This fee reduction shall not apply to larger secondary living units (641 square feet to 1,000 square feet), and shall not be applied on a retroactive basis to any secondary living unit.

c, Incorporation of an amnesty program to increase the number of legal second units allowing that property owners of small secondary living units (up to 640 square feet in size) which were established without necessary city

Page 9 of 13

permits may seek to secure such permits upon submission of an applicatioR, payment of applicable fees and appropriate building inspection. Current building code, fire code, and other health and safety requirements would

A recorded deed restriction as set forth in subsection (E)(2) of this section will not be required during the pilot program period for nellt’ small secondary wing units. However, during that time, the property owner shall be required to enter into a city approved property maintenance agreement to ensure the property and improvements are ma.intained continuously in compliance ‘Hi-tR

the conditions of approval imposed by the review authority, in accordance with

Chapter 18.520 CDC (Performance Guarantees and Property Maintenance). Such agreement shall be recorded against the property-:-

The two year pilot program shall automatically expire at 5:00 p.m. on May

12, 2018, without further action of the planning commission or city council. The planning commission shall evaluate the efficacy of the pilot program and provide a report to the city council every six months until the pilot program expires prior to May 12, 2018.

General Requirements.

Size.

On a lot less than 12,000 square feet in net area, the total floor area of the secondary living unit shall be no less than 275 square feet or more than 640 square feet, exclusive of the carport or garage. The secondary living unit shall have no more than one bedroom.

On a lot 12,000 square feet or greater in net area, the total floor area of the secondary living unit may increase to a maximum of 1,000 square feet, exclusive of the carport or garage. The secondary living unit shall have no more than two bedrooms in addition to the following requirements:

If an attached garage or carport is proposed for the secondary living unit as an accessory structure provided for in CDC 18.200.030, the

Page lOof 13

maximum floor area for both structures combined shall be subordinate to the primary single family dYlelling and shall not exceed 75 percent of the area of the primary dwelling.

If a garage or carport is proposed to be attached to the secondary

living unit as an accessory structure provided for in CDC 18.200.030, the maximum size of the accessory structure shall be 460 square feet.

iii. No other accessory structure, as provided for in CDC 18.200.030, shall be allowed to be attached to the secondary living unit.

No more than 25 percent of the existing floor area of a principal residence may be converted into a secondary living unit. This 25 percent limitation applies only to conversions, which take place within existing principal dwelling

tfRfh

Design.

The secondary living unit and any attached covered parking shall be clearly subordinate to the principal single family d’Nelling by size, location, and appearance.

The exterior appearance and character of the secondary living unit shall replicate the principal single family dwelling in architectural style, roof and siding materials, and colors.

Outside staiPNays leading to a second story secondary living unit shall not be in front of the principal single family d’t.’elling or in an exterior side yard if visible from a public or private street. Access to a single story unit by stairs or an ADA accessible ramp may be permitted at the front of the principal

dwelling.

A secondary living unit attached to the principal single family dwelling shall not have a separate entrance located on the same side as the entrance for the principal dwelling.

Page 11 of 13

Detached secondary living units shall be located behind the principal dwelling and shall be substantially screened from view to neighbors and adjoining streets by landscaping.

Parking. The parking required for a secondary living unit is in addition to the required off street parking for the principal dwelling unit.

One Bedroom Secondary Units. One off street parking space on site, as follollls:

The parking space may be an uncovered space or a tandem space.

The parking space may be located in the front yard setback if contained ‘Ilithin the space of an existing paved driveway.

iii. If the subject site only has a single caF garage serviced by a single car driveway (12 foot width), the drivelNay pavement may be widened up to an additional nine feet to provide one parking space for the secondary living unit.

Two Bedroom Secondary Units. l\vo parking spaces on site, as follows:-

At least one space shall be covered in a carport or garage.

The covered space may be located in a three caF garage that provides parking for both the principal single family dwelling and secondary living YRih

iii. The uncovered parking may be a tandem space to the covered space for the secondary living unit if not located within the front yard setback.

Subdivision. No subdivision of land or air rights shall be allowed.

Permit Requirements. Secondary living units shall be subject to the following permits in accordance ‘…i.th Division VII of this title (Permits and Permit Procedures). Secondary living units constructed ‘Nithout the benefit of a permit shall obtain approval pursuant to the requirements of this section.

Page 12 of 13

Administrative Permit. An administrative permit shall be required for any secondary living unit that meets all of the requirements of this section and does not exceed 640 square feet or more than one bedroom.

Minor Use Permit. A minor use permit shall be required for any secondary living unit that does not meet all of the provisions of this section and for any secondary living unit that is over 640 square feet up to 1,000 square feet and has a maximum

of two bedrooms.

Appeals.

Administrative permits that meet all of the requirements of this section shall not be subject to an appeal. If an appeal if filed due to noncompliance ‘/lith this section, the planning division shall review the appeal. If the planning division determines

that the application complies with all of the requirements of this section, the appeal shall be denied, and that decision shall be final and no further appeals shall be ffia:Ge:.

Minor use permit approvals shall be appealed in accordance with the provisions in Chapter 18.510 CDC (Appeals and Calls for Review). [Ord. 16 2 § 1 (Exh. A); Ord. 135; Ord. 124. DC 2012 § 122631].

Page 13 of 13

Exhibit B

Changes and Deletions to Chapter 18.200

Remove strike through and add underlined language

Chapter 18.200

STANDARDS FOR SPECIFIC USES

Sections:	18.200.010	Purpose.
	18.200.020	Applicability.
	18.200.030	Accessory structures.
	18.200.040	Alcoholic beverage sales.
	18.200.050	Child day care facilities.
	18.200.060	Drive-through facilities.
	18.200.070	Emergency and homeless shelters.
	18.200.080	Entertainment uses.
	18.200.090	Gas stations and car washes.
	18.200.100	Home-based businesses.
	18.200.110	Live/work or workllive units.
	18.200.120	Manufactured homes.
	18.200.130	Mechanical and electronic games.
	18.200.140	Mixed-use projects.
	18.200.150	Mobile home parks.
	18.200.160	Outdoor sales and displays.
	18.200.170	Recycling facilities.
	18.200.180	Accessory Dwelling Units Secondary Living Units
	18.200.190	Sidewalk cafes and outdoor eating areas.
	18.200.200	Temporary uses and structures.
	18.200.210	Food vendor group sites.

Page 1 of 1

ExhibitC

Changes and Deletions to Chapter 18.20

Remove strike through and add underlined language

Chapter 18.20

GENERAL TERMS

IISecondary living unit” means an attached or detached unit ‘,..,ith kitchen, sleeping, and bathroom facilities located OR a lot with one single family dwetling, where one of the units is O’Nner occupied.

“Accessory Dwelling Unit” means an attached or detached residential dwelling unit which shall provide complete independent living facilities. including permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the principal dwellinQl. An accessory dwelling unit also includes an Efficiency Unit and Junior Accessory Dwelling Unit, defined below.

“Efficiency Kitchen” includes a sink with a maximum waste line diameter of 1′.5 inches, a food preparation counter with storage cabinets, and a cooking facility for appliances that do not require electrical service greater than 120 volts or natural or propane gas.

“Efficiency Unit” is a small attached or detached accessory dwelling unit, with a maximum floor area of

150 square feet and which includes an efficiency kitchen and bathroom facilities, as specified by this ordinance per the California Health and Safety Code Section 17958.1.

“Junior Accessory Dwelling Unit” is a type of accessory dwelling unit, which has a maximum floor area of

500 square feet in size and is contained entirely within an existing single-family residence and may include separate sanitation facilities or share sanitation facilities with the existing residence. Junior Accessory Dwelling units must be constructed within existing walls of the principal dwelling and must include an existing bedroom and an efficiency kitchen.

Page 1 of 1

Exhibit D

Changes and Deletions to Table 18.30.020

Remove strike through and add underlined language

18.30.020 Table 18.30.020 – Residential districts – Allowed uses and permit requirements.

Table 18.30.020 ZC = Permitted Use, Zoning

Residential Districts Clearance

Allowed Uses and Permit Requirements AP = Administrative Permit

Required

MP = Minor Use Permit

Required

UP = Use Permit Required ADU = Accessoey Dwelling Unit AQglication

– = Use Not Allowed

Permit Required by District

Land Use Classifications Additional Requirements

RR RS RL RM RH Residential Uses

Bed and Breakfast Inn UP UP UP UP UP Dwelling, Dwelling Units, Housing Units

Single-Family, Detached ZC ZC ZC – –

Single-Family, Detached – Small Lot – UP UP UP –

Subdivision

Single-Family, Attached – UP ZC ZC ZC

Accessoey Dwelling Unit. Junior ADU ADU ADU ADU(1} ADU(1} CDC 18.200.180, Accessoey Accessoey Dwelling Unit, Efficiency AP AP AP AP AP Dwelling Units Secendary Unit SecendaFY bilJin!3blnit lil.<in!3!,jnils

Duplex – – AP ZC –

Page 1 of 2

Exhibit D

Changes and Deletions to Table 18.30.020

Remove strike through and add underlined language

18.30.020 Table 18.30.020 – Residential districts – Allowed uses and permit requirements.

Multifamily

Family Day Care Home, Small

–

CDC 18.200.050, Child day

care facilities

Family Day Care Home, Large

CDC 18.200.050, Child day

care facilities

Group Housing

–

Home-Based Business

CDC 18.200.100, Home-

based businesses

LivelWork Unit

–

CDC 18.200.110, Live/work

or work/live units

Mixed-Use Project

–

Mobile Home Park

–

Residential Care Facility, Small

Residential Care Facility, Large

Residential Facility for Seniors, Assisted Living

–

(1) Permitted where a legal detached single-family dwelling exists.

[Ord. 14-6 § 1; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-78].

Page 2 of 2

Exhibit E

Changes and Deletions to Table 18.35.020

Remove strike through and add underlined language

18.35.020 Table 18.35.020 – North Todos Santos district – Allowed uses and permit requirements.

Table 18.35.020 ZC = Permitted Use, Zoning Clearance Required

North Todos Santos District AP = Administrative Permit Required

Allowed Uses and Permit Requirements MP = Minor Use Permit Required

UP = Use Permit Required

ADU = Accesso!:y Dwelling Unit Al2l2lication

– = Use Not Allowed

Permit

Land Use Classifications Required by Additional Requirements

District

Residential Uses

Bed and Breakfast Inn UP Dwelling, Dwelling Unit, Housinq Unit

Single-Family, Detached ZC Single-Family, Detached – Small Lot Subdivision UP Single-Family, Attached ZC

Accesso!:y Dwelling Unit, Junior Accesso!:y Dwelling ADU(1)AP CDC 18.200.180, Accesso!:y Dwelling

Unit, Efficiency Unit ~e6eAElaFJb’ i>JiR§lJRit Units ~e6gRElaFJl’iviR§ tlRits

Duplex ZC,MP Multifamily MP, UP

Family Day Care Home, Small ZC CDC 18.200.050, Child day care facilities

Family Day Care Home, Large MP CDC 18.200.050, Child day care facilities

Page 1 of 2

Exhibit E

Changes and Deletions to Table 18.35.020

Remove strike through and add underlined language

18.35.020 Table 18.35.020 – North Todos Santos district – Allowed uses and permit requirements.

Group Housing

Home-Based Business

CDC 18.200.100, Home-based

businesses

Live/Work Unit

CDC 18.200.110, Live/work or work/live units

Mixed-Use Projects

Mobile Home Park

–

Residential Care Facility, Small

Residential Care Facility, Large

Residential Facility for Seniors, Assisted Living

Work/Live Unit

CDC 18.200.110, Live/work or work/live

units

(1) Permitted where a legal detached single-family dwelling exists.

[Ord. 14-6 § 2; Ord. 12-4. DC2012 § 122-103].

Page 2 of 2

Exhibit F

Changes and Deletions to Table 18.40.020

Remove strike through and add underlined language

18.40.020 Table 18.40.020 – Office and commercial districts – Allowed uses and permit requirements.

Table 18.40.020 ZC – Permitted Use, Zoning

Office and Commercial Districts Clearance

Allowed Uses and Permit Requirements AP – Administrative Permit

Required

MP – Minor Use Permit

Required

UP – Use Permit Required ADU – Accesso!y Dwelling Unit A(;1(;1lication

– Use Not Allowed

Permit Required by District

Land Use Classifications Additional Requirements

CO CMX NC SC RC

Residential Uses

Bed and Breakfast Inn – UP – – –

Dwelling, Dwelling Unit, Housing Unit

Single-Family, Detached Single-Family, Detached – Small	ZC UP	– UP	– –	– –	– –
Lot Subdivision
Single-Family, Attached	ZC	ZC	–	–	–
Accesso[Y Dwelling Unit, Junior	ADU(7}	ADU(7}	ADU(7}	ADU(7}	ADU(7}	CDC 18.200.180,
Accessory Dwelling Unit,	AP-	AP-	–	–	–	Accesso[Y Dwelling Units
Efficiency Unit Secondary Living						gecondary living units

tJ.fH.t

Duplex ZC ZC – – –

Page 1 of 3

Exhibit F

Changes and Deletions to Table 18.40.020

Remove strike through and add underlined language

18.40.020 Table 18.40.020 – Office and commercial districts – Allowed uses and permit requirements.

Table 18.40.020 lC – Permitted Use, loning

Office and Commercial Districts Clearance

Allowed Uses and Permit Requirements AP – Administrative Permit

Required

MP – Minor Use Permit

Required

UP – Use Permit Required ADU – Accessory Dwellina Unit Aoolication

– Use Not Allowed

Permit Required by District

Land Use Classifications Additional Requirements

CO CMX NC SC RC Multifamily UP UP UP(1) – –

Family Day Care Home, Small lC(S) lCCS) – – – CDC 18.200.050, Child

day care facilities

Family Day Care Home, Large MP(S) MP – – – CDC 18.200.050, Child day care facilities

Group Housing UP UP – – –

Home-Based Business – lCCS) lC(2) – – CDC 18.200.100, Home- based businesses

(1) Not allowed on ground floor.

(2) Allowed to occupy up to 20 percent gross area of shopping center or multi-tenant building or 20 percent street frontage of one building.

(3) No outdoor facilities, storage, or activities are allowed.

Page 20f3

Exhibit F

Changes and Deletions to Table 18.40.020

Remove strike through and add underlined language

18.40.020 Table 18.40.020 – Office and commercial districts – Allowed uses and permit requirements.

(4) Requires a minimum lot size of 10,000 square feet. (5) Allowed with residential use only.

(6) A facility which exceeds 3,000 square feet.

(7) Permitted where a legal detached single-family dwelling exists.

[Ord. 15-8 § 3 (Exh. 8); Ord. 14-6 §§ 3, 4; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-131].

Page 30f3

Exhibit G

Changes and Deletions to Table 18.45.020

Remove strike through and add underlined language

18.45.020 Table 18.45.020 – Downtown districts

Table 18.45.020 ZC = Permitted Use, Zoning

Downtown Districts Clearance

Allowed Uses and Permit Requirements AP = Administrative Permit

Required

MP = Minor Use Permit Required

UP = Use Permit Required

ADU = Accesso!:y Dwelling Unit

Application

– = Use Not Allowed

Permit Required by

Land Use Classifications District Additional Requirements

DP DMX WMX Residential Uses

Bed and Breakfast Inn AP AP –

Dwelling, Dwelling Unit, Housing Unit

Single-Family, Detached

Single-Family, Detached – Small Lot

–

Subdivision

Single-Family, Attached

–

Accesso!:y Dwelling Unit, Junior Accesso!:y

Dwelling Unit, Efficienc~ Unit Ses9R8aFy biviR§

ADU{8}

–

ADU(8}

–

ADU{8}

–

Accesso!:y Dwelling Units CDC

18.200.180, Sec9R8ary liviR§ uRits

Yfl.it

Duplex

–

Multifamily

–

Page 1 of 3

Exhibit G

Changes and Deletions to Table 18.45.020

Remove strike through and add underlined language

18.45.020 Table 18.45.020 – Downtown districts

Family Day Care Home, Small ZC(6) ZC – CDC 18.200.050, Child day care facilities

Family Day Care Home, Large MP(6) MP – CDC 18.200.050, Child day care

Group Housing – UP –

facilities

Home-Based Business ZC(6) ZC – CDC 18.200.100, Home-based businesses

LivelWork Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units

Mixed-Use Projects UP UP –

Mobile Home Park – – – Residential Care Facility, Small ZC ZC – Residential Care Facility, Large – UP –

Residential Facility for Seniors, Assisted Living UP(6) UP –

UP(1)	UP	– CDC 18.200.110,	Live/work	or
		workllive units

Work/Live Unit

(1) Not allowed on ground floor.

(2) Allowed on upper floors subject to use permit approval.

(3) Allowed to occupy up to 20 percent gross area of shopping center or multi-tenant building, or 20 percent street frontage of one building.

(4) Allowed on ground floor subject to a minor use permit approval.

Page 2of3

Exhibit G

Changes and Deletions to Table 18.45.020

Remove strike through and add underlined language

18.45.020 Table 18.45.020 – Downtown districts

(5) Allowed on upper floors subject to an administrative permit approval. (6) Allowed with residential use only.

(7) A facility which exceeds 3,000 square feet.

(8) Permitted where a legal detached single-family dwelling exists.

[Ord. 14-6 §§ 5, 6; Ord. 14-3 § 2; Ord. 12-5; Ord. 12-4. DC 2012 § 122-154].

Page 3 of 3

Exhibit H

Changes and Deletions to Table 18.50.020

Remove strike through and add underlined language

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements

Table 18.50.020 – Business Park and Industrial Distrlcts'” ZC = Permitted Use, Zoning

Allowed Uses and Permit Requirements Clearance Required

AP = Administrative Permit

Required

MP = Minor Use Permit

Required

UP = Use Permit Required ADU = Accessorv Dwellina Unit A~~lication

– = Use Not Allowed

Permit Required by District

Land Use Classifications Additional Requirements aBP IBP IMXC1I HI

Residential Uses

Bed and Breakfast Inn – – – –

Dwelling, Dwelling Unit, Housing Unit

Single-Family, Detached – – – –

Single-Family, Detached – Small Lot – – – –

Subdivision

Single-Family, Attached – – – –

AccessorY Dwelling Unit, Junior ADU(8}- ADU(8}- ADU(8}- ADU(8}- CDC 18.200.180. AccessorY AccessorY Dwelling Unit. Efficiency Dwelling Units Secondary Unit ~ndaFY biving 6Jnit living ~nits

Duplex – – – –

Multifamily – – – –

Page 1 of 3

Exhibit H

Changes and Deletions to Table 18.50.020

Remove strike through and add underlined language

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements

Table 18.50.020 – Business Park and Industrial Districts'” ZC = Permitted Use, Zoning

Allowed Uses and Permit Requirements Clearance Required

AP = Administrative Permit

Required

MP = Minor Use Permit

Required

UP = Use Permit Required

ADU = Accesso[Y Dwelling

Unit AQQlication

– ;:: Use Not Allowed

Permit Required by District

Land Use Classifications Additional Requirements aBP IBP I MX(7) HI

Family Day Care Home, Small – – Z05) – CDC 18.200.050, Child day care facilities

Family Day Care Home, Large – – MP(5) – CDC 18.200.050, Child day

Group Housing – ZC ZC –

care facilities

(1) Allowed to occupy up to 20 percent of: gross area of shopping center, multi-tenant building, or 20 percent street frontage of one building.

(2) Outdoor sales, activities, or storage allowed in side or rear yards when enclosed by an eight-foot-tall masonry wall and materials do not exceed wall height.

(3) No outdoor facilities, storage, or activities are allowed.

(4) Allowed if occupying less than 80,000 square feet of gross floor area. (5) Allowed with residential use only.

Page2of3

Exhibit H

Changes and Deletions to Table 18.50.020

Remove strike through and add underlined language

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements

(6) A facility which exceeds 3,000 square feet.

(7) Notwithstanding anything in this table to the contrary (including lC, AP, or MP notations), outdoor facilities, storage, or activities may only be allowed in the IMX district if a use permit (UP) is reviewed and approved pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits).

(8) Permitted where a legal detached single-family dwelling exists.

[Ord. 15-5 § 1; amended during 2014 recodification; Ord. 14-6 § 7; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-

177].

Page 3 of 3

Exhibit I

Changes and Deletions to Table 18.55.020

Remove strike through and add underlined language

18.55.020 Table 18.55.020 – Public/quasi-public district – Allowed uses and permit requirements

Table 18.55.020 ZC = Permitted Use, Zoning Clearance Required

Public/Quasi-Public District AP = Administrative Permit Required

Allowed Uses and Permit Requirements MP = Minor Use Permit Required

UP = Use Permit Required

ADU = Accesso!:y Dwelling Unit A~~lication

– = Use Not Allowed

Permit

Required

Land Use Classifications Additional Requirements

District

Residential Uses

Bed and Breakfast Inn

–

Dwelling, Dwelling Unit, Housing Unit

Single-Family, Detached

–

Single-Family, Detached – Small Lot Subdivision

–

Single-Family, Attached

–

Accesso!:y Dwelling Unit. Junior Accesso!:y Dwelling

Unit, Efficienc~ Unit ~eGgAgaFYbi..i.A§j6JAit

ADU(1)-

CDC 18.200.180. Accesso!:y Dwelling

Units ~eGgAgaFYli>.<iA~§ljAits

Duplex

–

Multifamily

–

Family Day Care Home, Small

–

CDC 18.200.050, Child day care facilities

Family Day Care Home, Large

CDC 18.200.050, Child day care facilities

Group Housing

Page lof2

Exhibit I

Changes and Deletions to Table 18.55.020

Remove strike through and add underlined language

18.55.020 Table 18.55.020 – Public/quasi-public district – Allowed uses and permit requirements

Home-Based Business – CDC 18.200.100, Home-based businesses

Live/Work Unit – CDC 18.200.110, Live/work or work/live units

Mixed-Use Projects –

Mobile Home Park –

Residential Care Facility, Small AP Residential Care Facility, Large AP Residential Facility for Seniors, Assisted AP

Work/Live Unit – CDC 18.200.110, Live/work or work/live

units

(1) Permitted where a legal detached single-family dwelling exists. lOrd. 14-6 § 8; Ord. 12-4. DC 2012 § 122-200].

Page 2 of 2

ExhibitJ

Changes and Deletions to Table 18.60.020

Remove strike through and add underlined language

Chapter 18.60

COMMUNITY LAND DISTRICTS (OS, PR, RLC AND WRC)

Table 18.60.020 ZC = Permitted Use, Zoning Clearance

Community Land Districts Required

Allowed Uses and Permit Requirements AP = Administrative Permit Required

MP = Minor Use Permit Required

UP = Use Permit Required

ADU = Accessor! Dwelling Unit

Application

– = Use Not Allowed

Permit Required by District

Land Use Classifications Additional Requirements

OS PR RLC WRC Residential Uses

Bed and Breakfast Inn – – – –

Dwelling, Dwelling Units, Housing Units

Single-Family, Detached – – ZC – Single-Family, Detached – Small Lot – – – – Subdivision

Single-Family, Attached – – – –

Accessor! Dwelling Unit Junior ADU(1}- ADU(1}- ADU(1} ADU(1}- CDC 18.200.180, Accessor! Accessor! Dwelling Unit, Efficiency AP Dwelling Units Secondary Unit SecendaF]’ bivi~ lilJin§ l:lnits

Duplex – – – –

Multifamily – – – –

Family Day Care Home, Small – – ZC – CDC 18.200.050, Child day

Page lof2

ExhibitJ

Changes and Deletions to Table 18.60.020

Remove strike through and add underlined language

Chapter 18.60

COMMUNITY LAND DISTRICTS (OS, PR, RLC AND WRC)

care facilities

Family Day Care Home, Large – – MP – CDC 18.200.050, Child day

Group Housing – – – –

care facilities

Home-Based Business – – AP – CDC 18.200.100, Home- based businesses

LivelWork Unit – – – – CDC 18.200.110, Live/work or work/live units

Mixed-Use Projects – – – –

Mobile Home Park – – – – Residential Care Facility, Small – – ZC – Residential Care Facility, Large – – MP –

Residential Facility for Seniors, – – – –

Assisted Living

Work/Live Unit – – – – CDC 18.200.110, Live/work or work/live units

(1) Permitted where a legal detached single-family dwelling exists. [Ord. 14·6 § 9; Ord. 12-4. DC 2012 § 122·223].

Page 2 of 2

Exhibit K

Changes and Deletions to Chapter 18.420

Remove strike through and add underlined language

Chapter 18.420

ADMINISTRATIVE PERMITS

Sections:
	18.420.010	Purpose.
	18.420.020	Applicability.
	18.420.030	Review authority.
	18.420.040	Application.
	18.420.050	Review and decision.
	18.420.060	Post-decision procedures.

This chapter establishes procedures for administrative permits to ensure that each new or expanded use or structure complies with the applicable requirements of the development code. [Ord. 12-4. DC 2012 § 122-923].

1 ~~.4.?’Q~Q?’~Qp’p’l.i.c::.~~.i.l.i!y~ .

Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code require an administrative permit as a prerequisite to establishing a new land use, the administrative permit shall be required prior to planning division review of any building, grading, or other permit, or other authorization required for the proposed use.

If a design and site review (Chapter 18.415 CDC) is required, the application shall be submitted as a part of the application for an administrative permit.

An administrative permit is required for, but not limited to, the following uses:

Home-based businesses or change to an approved home-based business. CDC

18.200.100 (Home-based businesses);

Secondary living units. CDC 18.200.180 (Secondary living units);

Page 1 of 2

Exhibit K

Changes and Deletions to Chapter 18.420

Remove strike through and add underlined language

Chapter 18.420

ADMINISTRATIVE PERMITS

Sidewalk cafe and outdoor eating areas. Chapter 12.45 CMC (Sidewalk Cafes)

and CDC 18.200.190 (Sidewalk cafes and outdoor eating areas); I

Temporary uses. CDC 18.200.200 (Temporary uses and structures);

Vendor permits. Chapter 12.50 CMC;

Previously approved projects that required a subsequent administrative permit as a condition of approval, with the exception of previously approved preliminary development plans and the subsequent use permit where the development code allows the use subject to a zoning clearance; and

Any other use or development as determined by the planning division to require further review and/or documentation in the form of an approval letter, beyond a zoning clearance, in order to determine compliance with the development code.

Administrative permits are not required for:

The continuation of a previously approved or permitted use and structure.

Individual tenants within a multi-tenant office building or commercial center if the use is consistent with a previously approved use permit or other entitlement. [Ord.

12-4. DC 2012 § 122-924].

Page 2 of 2

Exhibit L

Changes and Deletions to Chapter 18.415

Remove strike through and add underlined language

Chapter 18.415

DESIGN AND SITE REVIEW

Sections:
	18.415.010	Purpose.
	18.415.020	Applicability.
	18.415.030	Exemptions.
	18.415.040	Review authority.
	18.415.050	Application.
	18.415.060	Design review board.
	18.415.070	Scope.
	18.415.080	Design criteria.
	18.415.090	Review.
	18.415.100	Decision and findings.
	18.415.110	Post-decision procedures .

.t~.~.4..~.~.:.Q19.1:;)~.r.p~.~~~….. .

This chapter establishes standards and procedures for design and site review. The purpose of design and site review is to recognize the interrelationship between the appearance of open spaces, buildings, and structures in order to ensure the orderly development of the city, the stability of land values, and the construction of structures, additions, or alterations with proper attention to the harmony, compatibility, and aesthetic quality of site design, architecture, landscape architecture, signs, and engineering. [Ord. 12-4. DC 2012 § 122-901).

.1. .~.:.4..~1. .:.Q?’9..A. p’p’.!.i.f::.~!>.i.l..!~.:………….. . .

Design and site review shall be required for all of the following, with the exception of individual single-family homes and related improvements, except as identified in subsection (A)(8) of this section:

Prior to construction, use or alteration of any building, structure, or sign;

Page 1 of 3

Exhibit L

Changes and Deletions to Chapter 18.415

Remove strike through and add underlined language

Chapter 18.415

DESIGN AND SITE REVIEW

Prior to substantial alteration of any landscaping or site topography;

Prior to any new tenant improvement subject to the provisions of Chapter 18.535

CDC (Nonconforming Physicallmprovements/Property Upgrades);

Prior to construction or alteration of any new parking lot improvements or alteration to existing parking lots including circulation, layout, or dimensions;

Prior to the approval of a sign plan or master sign programs pursuant to Chapter

18.180 CDC (Signs);

Prior to any improvement on property adjacent to or including a creek as defined in CDC 18.305.020;

Prior to the use of a lot for any storage or staging purposes;

Single-Family Dwellings.

New single-family dwellings within a proposed minor or major subdivision;

b..Any addition resulting in a single-family dwelling with an FAR greater than

30 percent;

Second-story additions where the area of the second floor portion is 40 percent or more than the area of the original structure located on the second floor, or second stories that are set back less than 10 feet from a side property line; and

New single-family dwellings and additions to existing single-family dwellings on sloped lots, subject to the requirements in Chapter 18.300 CDC (Hillside Protection).

Page 2 of 3

Exhibit L

Changes and Deletions to Chapter 18.415

Remove strike through and add underlined language

Chapter 18.415

DESIGN AND SITE REVIEW

Prior to the installation of pavement on any portion of a lot; and

Prior to any other site improvement that requires further review in order to determine compliance with the development code or other city ordinances, except for one single-family dwelling or accessory dwelling unit secondary living unit on a single lot or parcel.

Design and site review approval of plans, pursuant to this chapter, shall be required prior to the issuance of any construction permit, including building, encroachment, grading, demolition, or other permit.

Design and site review approval is required in addition to all other planning permits or approvals required by the development code.

All departments of the city vested with the authority to issue permits or licenses shall conform to the provisions of this chapter, and no permit or license for uses, buildings, or purposes shall be issued in conflict with the provisions of this chapter. Any such permit or license issued in

conflict with the provisions of this chapter shall be invalid. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-

902].

Page 3 of 3

Exhibit M

Changes and Deletions to Table 18.160

Remove strike through and add underlined language

Chapter 18.160

PARKING, LOADING, AND ACCESS

Table 18.160.040

Parking Requirements by Land Use

Land Use Type Parking Spaces Required

Residential Uses

Single-Family Existing homes:

2 spaces, at least 1 covered, none within required front yard setback, except as provided in CDC 18.160.050(F)

Additions to existing homes:

5 – 6 bedrooms – 1 additional space (2 covered), 3 total

> 6 bedrooms – 2 additional spaces (3 covered), 4 total

New homes:

4 bedrooms or less, at least 2 enclosed garage spaces (may be tandem)

5 – 6 bedrooms, 3 spaces, at least 2 enclosed garage spaces

> 6 bedrooms, 4 spaces, at least 3 enclosed garage spaces

Accesso!:y Dwelling Unit 1 space/bedroom in addition to parking for primary dwelling

~eG9AElaFYbiviA§ ldAit

Duplex 1.5 spaces/studio or 1 bedroom .unit

2 spaces/2 – 4 bedroom unit; additional 0.5 space/bedroom for 4 – 5 or more bedrooms

Every unit shall have 1 dedicated covered space

Page 1 of 3

Exhibit M

Changes and Deletions to Table 18.160

Remove strike through and add underlined language

Chapter 18.160

PARKING, LOADING, AND ACCESS

Multifamily 1 space/studio unit

1.5 spaces/1 bedroom unit

2 spaces/2 – 3 bedroom unit; additional 0.5 space/bedroom for 4 or more bedrooms

1 guest space/each 3 units

Every unit shall have at least 1 dedicated covered space

Emergency or Homeless Shelter 1 space/employee at maximum shift unless an alternate means of transportation is approved.

Family Day Care Home

Small Only as required for the dwelling

Large 1 space/nonresident employee in addition to parking dwelling; and

1 loading space.

Group Housing 1 space/bed, bedroom, or dwelling unit, whichever is greater and

1 guest space/3 beds, bedrooms, or dwelling units

Mobile Home Park 2 spaces/unit

1 space/unit covered

Residential Care Facility

Small None, other than parking required for the dwelling

Large 1 space/nonresident employee and

1 loading space in addition to parking required for dwelling –

Residential Facility for the Elderly As determined through the use permit

Page 2 of 3

Exhibit M

Changes and Deletions to Table 18.160

Remove strike through and add underlined language

Chapter 18.160

PARKING, LOADING, AND ACCESS

Live/Work Unit 2 spaces/unit and

1 space/3 units

Page 3 of 3

Exhibit N

Changes and Deletions to Chapter 18.155.060

Remove strike through and add underlined language

18.155.060 Design criteria for small lot single-family subdivisions

Applicability. The standards in this section apply to small lot single-family subdivisions. They are not applicable to town home developments and other development where the predominant unit type is attached housing.

Unit Types. Units in small lot subdivisions may include single-family detached homes and “duets” which share a common wall on one side. Accessory Dwelling Units Secondary units are permitted in small lot subdivisions, consistent with the provisions of CDC 18.200.180 (Accessory Dwelling Units Secondary dwelling units).

Lot Patterns. Lot patterns shall be varied to avoid monotonous streetscapes and should include:

A variety of lot widths, depths, shapes, and sizes, such that there is a perceptible difference between lot sizes on a block. Lots should be designed to accommodate a variety of home styles, setbacks, and garage placements.

Larger lots on corners.

Smaller lots surrounding common open space areas.

Blocks no longer than 600 linear feet.

Floor Plans and Front Elevations. The excessive repetition of identical floor plans and elevations should be avoided. In subdivisions with fewer than 20 lots, at least three unique front elevations and floor plans shall be provided. In subdivisions with 20 lots or greater, at least four unique front elevations and floor plans shall be provided. Location of identical models on adjacent lots, including “back to back” lots, shall be avoided.

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Exhibit N

Changes and Deletions to Chapter 18.155.060

Remove strike through and add underlined language

18.155.060 Design criteria for small lot single-family subdivisions

Four-Sided Design. Facades facing the side and rear yard should include details which are compatible with those on the front facade, with similar types and treatments of roofs, windows, shutters, planter boxes, and other architectural elements.

Front Setbacks. Front yard setbacks should be varied (see Figure 18.155.060(A)). Generally, at least 50 percent of the homes should have front yard setbacks which are greater than the minimum required (excluding porches and nonhabitable space). This component may be implemented by recording “build to” lines on the final subdivision map.

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Exhibit 0

Changes and Deletions to Chapter 13.05

Remove strike through and add underlined language

Chapter 13.05 SEWER SYSTEM

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(a) Connection to sewer system required.

(1) No owner or occupant of any premises within the city on which sewage is produced and on which premises the nearest building outlet of the plumbing system is located within a 200-foot radius of an existing sewer main to which a connection can be made shall use any means of sewage disposal other than through the sewer system. The owner of any premises so located and upon or in which any sewage is produced shall be required to connect said premises to the sewer system within 60 days from the date when a main sewer located within the distance specified above is completed and available for connection to said premises. There shall be a separate connection to the sewer system for each building or structure served, except that pursuant to written permission from the Director of Public Works any t’l.’O or more buildings or structures on the same–tot may be served by one sewer connection. There shall be a separate connection to

the sewer system for each building or structure served. except for accessory dwelling units established through the: conversion of existing living area or garage of a single-family dwelling, conversion of an existing legal’ accessory building into an accessory dwelling unit (that is connected to the existing single-family unit), and newly constructed accessory dwel,ling units attached to a detached single-family dwelling, which may be connected to the main sewer line or the single-family dwelling. (Information regarding what constitutes an accessory dwelling unit, conversion, and existing legal accessory building is included in Section 18.200.180

Accessory Dwelling Units).

The Council hereby declares that further maintenance or use of cesspools, septic systems, or other local means of sewage disposal on any premises so located shall constitute a public nuisance and may invoke any legal means to abate the same. Connection requirements for any premises located in the county but which

can potentially be served by the city’s sewer system fall under the jurisdiction of the county Environmental Health Department as outlined in the county ordinance, title 4, division 420.

(2) Notwithstanding the foregoing, no owner or occupant shall be required to connect premises to the sewer system as long as the premises are currently being served by a functioning septic system which, in the opinion of the Director of Public Works, adequately serves the premises. In such cases, the Director of Public

Works may approve the deferral of the connection until such time as it is

determined that the septic system no longer adequately serves the premises or cannot serve the premises without major repairs. In all cases, for premises in the city the annual sewer service charges will be applicable. Remodeling of existing premises served by a septic system may be allowed if no septic system improvements are required to serve such modifications.

(b) Permit for discharge of industrial waste.

(1) No owner or occupant of any premises within the city on which industrial waste is produced shall discharge industrial waste into the sewer system without first obtaining a special discharge permit from the Director of Public Works or the District for such connection. No such owner or occupant of any such premises

shall use any means of industrial waste disposal other than through the sewer system.

(2) The issuance of permits pursuant to this subsection shall be conditioned upon the installation by the applicant of such protective devices as shall be determined by the Director of Public Works or the District as provided in section 13.05.120.

(Code 1965, § 5208; Code 2002, § 110-39. Ord. No. 523; Ord. No. 818; Ord. No. 17; Ord. No. 85-41)

EXHIBIT A – ANNUAL SEWER SERVICE CHARGES BY OCCUPANCY

Charge Classification

FY 2015-16

Residential Owners

Charge

FY 2016-17 I

FY 2017-18

I FY 2018-19

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EXHIBIT A – ANNUAL SEWER SERVICE CHARGES BY OCCUPANCY

Charge Classification

Charge

FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19

Minimum rate for any premises $452.00 $502.00 $547.00 $592.00

Each single-family dwelling unit $452.00 $502.00 $547.00 $592.00

Each dwelling unit in a multiple $502.00 per $547.00 per $592.00 per dwelling structure $452.00 per unit unit unit unit

$502.00 per $547.00 per $592.00 per

Mobile home park $452.00 per space space space space

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