HomeMy WebLinkAbout590ORDINANCE 590
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
SUBSECTION 10-1.702(N) (SECONDARY DWELLINGS) IN SECTION 10-
1.702 (ACCESSORY USES AND STRUCTURES PERMITTED (R -A)) OF
THE LOS ALTOS HILLS MUNICIPAL CODE, AND ADDING ARTICLE
14 (ACCESSORY DWELLING UNITS) TO CHAPTER 1 (ZONING) OF
TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS
HILLS MUNICIPAL CODE ESTABLISHING REGULATIONS FOR
ACCESSORY DWELLING UNITS
WHEREAS, Assembly Bill 881 (Bloom, Chapter 659, Statutes of 2019), Assembly Bill 68 (Ting,
Chapter 655, Statutes of 2019) and Senate Bill 13 (Wieckowski, Chapter 653, Statutes of 2019),
which were signed into law in October of 2019 and become effective January 1, 2020, amended
Government Code Sections 65852.2 and 65852.22, and imposed updated requirements and new
restrictions on local authority to regulate accessory dwelling units; and
WHEREAS, The Town desires to amend the Municipal Code to provide reasonable regulations
for the development of accessory dwelling units on lots developed or proposed to be developed
with single-family residential dwellings in a manner that fully complies with this state legislation
and Government Code Sections 65852.2 and 65852.22.
WHEREAS, this Ordinance is adopted based on the following facts:
(1) The Town's Housing Element has identified the development of accessory dwelling
units (also known as secondary dwelling units) as a primary method to achieve the affordable
housing units necessary to meet the Town's regional housing needs allocation (RHNA) for the
eight-year period of 2015-2022.
(2) The Town's Land Use Element includes goals to maintain the semi -rural character
of the community while providing for residential uses, open space, and the minimum public and
private facilities and services needed to serve residents on a continuing basis, and to ensure that
all development occurs in a manner that minimizes disturbance of natural terrain, vegetation and
wildlife, and maximizes the preservation of natural resources and open space, and provides policies
to support these goals as follows:
• Policy 1.1 - Uses of land shall be consistent with the semi -rural atmosphere of the
community, minimize disturbance to natural terrain, minimize removal of the natural
vegetation, and create the maximum compatibility of development with the natural
environment through site design and landscaping.
• Policy 2.2 - Residential densities shall be guided by considerations of topography,
vegetative cover and significant physical limitations inherent in the natural
environment.
• Policy 2.5 - Steep slopes, canyons and ravines generally in excess of 30% slope, as well
as natural swales and drainage channels, and geologic hazard areas within areas
Ordinance 590 Page 1
designated for residential development shall be left undisturbed and preserved in their
natural condition to the maximum extent feasible.
Policy 2.6 - Limits on the development of individual residential lots shall be determined
based on evaluation of such factors as natural vegetation, topographic characteristics,
soils and geology.
(3) The Town's Conservation Element includes goals to conserve creeks and riparian
areas as open space amenities and natural habitat areas, protect native and naturalized trees and
plants, and maintain and enhance the integrity of wildlife habitat, and provides policies and
programs to support these goals as follows:
• Program 1.1 - Continue to require that structures be set back at least 25 feet from the
top of creek banks. To ensure adequate protection of these valuable resources, review
the 25 -foot setback and consider expanding it to the driplines of mature oak trees within
the setback.
• Program 1.2 - Continue to require open space easements along creeks and riparian
corridors to ensure that these areas remain in their natural condition.
• Policy 2.1 - Minimize disturbance of the natural terrain and vegetation.
• Policy 2.2 - Preserve and protect native and naturalized plants, with special attention to
preservation of unique, rare or endangered species and plant communities such as oak
woodlands.
• Policy 2.3 - Preserve and protect Heritage Trees, including native oaks and other
significant trees, on public and private property.
• Policy 3.1 - Maintain and protect creeks and riparian corridors for wildlife that use this
resource for food, shelter, migration and breeding.
(4) The Town's Safety Element includes goals to protect the public from risk of
personal injury and property damage due to natural safety hazards, to minimize the risk of personal
injury and property damage due to seismic and other geologic hazards, and to strive to prevent and
reduce potential damage related to fire hazards, and provides policies and programs to support
these goals as follows:
Policy 1.1 - Open space easements, zoning and other land use regulations shall be used
to limit and, in some cases, prohibit development in areas of unstable terrain, active
fault traces, water channels, flood plains, excessively steep slopes and other areas
determined to be hazardous to public welfare and safety.
Policy 1.2 - Unstable terrain, active fault traces, water channels, flood plains,
excessively steep slopes and other areas determined hazardous to public welfare and
safety shall not be developed unless unobtrusive corrective measures can assure public
safety.
Policy 2.2 - Locate development so as to avoid geologic hazards, including slope
instability, to the maximum extent feasible.
Ordinance 590 Page 2
• Policy 2.3 - In areas with laiown geologic hazards, limit development to minor
structures and improvements where damage would not threaten human life or cause
significant financial loss.
• Program 2.5 - Continue to require applicants to submit a geotechnical report prepared
by a licensed geotechnical engineer for proposed new residences and major additions
on sites that have a potential geologic hazard. In cases where a geologic hazard is
confirmed, the engineering recommendations in the geotechnical report shall be
implemented to avoid or mitigate the probable effects of the hazard.
• Policy 4.1 - Development shall not be permitted unless an acceptable level of fire
protection and adequate water supplies can be provided.
(5) The Town adopted local amendments to the Fire Code and the State Residential
Building Standards Code to require compliance with Section R337 (Materials and Construction
Methods for Exterior Wildfire Exposure) on December 19, 2019 based on identification of the
following unique local climatic, topographic and geologic conditions:
• The Town of Los Altos Hills experiences low humidity, high winds and warm
temperatures during the summer months creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structure fires.
• The remoteness and steepness of hillside areas in the Town significantly impacts the
ability of emergency responders to extinguish or control wildland or structure fires.
These factors cumulatively mandate special provisions for Fire Department access, fire
protection water supplies, automatic fire sprinklers, fire retardant roof coverings and
ignition -resistant exterior materials.
• The Town of Los Altos Hills is geographically situated adjacent to active earthquake
faults capable of producing substantial seismic events. Since the Town is divided by a
freeway and other major traffic corridors, the occurrence of a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should one or
more bridges collapse or be substantially damaged.
• Fire suppression capabilities will be severely limited should the water system be
extensively damaged during the seismic event.
• Roofs and exterior materials that are not ignition -resistant contribute to the spread of
fires, and therefore pose a risk to the safety of the Town's citizens and their property.
(6) The Town of Los Altos Hills is uniquely situated in a semi -rural, hillside
environment with physical limitations to vehicular access, steep slopes with soils and geological
constraints, riparian creels corridors and native oak woodlands. Given the unique landscape,
geological characteristics, topography and terrain in the Town, higher urban densities with
minimal setbacks and buffers between structures is not conducive to minimizing risks related to
wildland fires, earthquakes and other natural hazards, and minimizing impacts to unique and
sensitive environmental settings.
(7) The Town's standards for residential lots is a one -acre minimum size with a
minimum average width of 160 feet, a front yard setback of at least 40 feet and side and rear yard
setbacks of at least 30 feet, and a maximum floor area limit of approximately 6,000 square feet per
prdinance 590 Page 3
acre depending on the slope of the lot, and as such, an average residential lot will have a building
envelope area of approximately 20,000 square feet to place a single-family dwelling of up to 6,000
square feet and an accessory dwelling unit of at least 800 square feet.
WHEREAS, this ordinance is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code
because it is, an accessory dwelling unit ordinal -ice that is implementing the provisions of
Government Code Section 65852.2; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed amendments to the Zoning Code on March 5, 2020, at which time all interested persons
had the opportunity to be heard; and
WHEREAS, after close of the public hearing, the Planning Commission recommended that the
City Council adopt of the proposed amendments to the Zoning Code; and
WHEREAS, the City Council held a duly noticed public hearing to consider the proposed
amendments to the Zoning Code on April 16, 2020, at which time it considered comments received
both before and during the public hearing, the presentation by Town staff, the staff report, and all
other pertinent documents regarding the proposed zoning code amendment, and all interested
persons had the opportunity to be heard; and
WHEREAS, after the close of the public hearing, the City Council considered all public comments
received both before and during the public hearing, the presentation by Town staff, the staff report,
and all other pertinent documents regarding the proposed zoning code amendment, and all
interested persons had the opportunity to be heard; and
WHEREAS, The Town recognizes its responsibility to adopt rules and regulations that are aligned
with state law and believes that this ordinance complies with the intent and application of the
adopted legislation as written and Government Code Section 65852.2 which seek to facilitate and
allow for the development of all accessory dwelling unit and junior accessory dwelling unit on any
lot with an existing or proposed single-family dwelling, while also ensuring that the resulting
development activity does not harm the public health, safety, or welfare, maintains an acceptable
level of fire protection and does not significantly impact the environment or sensitive habitats; and
WHEREAS, the City Council finds that the proposed amendments to the Zoning Code are
consistent with and support the Los Altos Hills General Plan by facilitating and supporting the
ability to develop all accessory dwelling unit and a junior accessory dwelling unit on any lot with
an existing or proposed single-family dwelling unit, which is frilly consistent with the intent of the
applicable State legislation while maintaining side and rear yard setbacks that are appropriate to
protecting and promoting the Town's public safety and community welfare, and establishing
appropriate site standards for a semi -rural hillside community.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as
follows:
SECTION I. FINDINGS.
Ordinance 590 Page 4
Based on the entirety of the record as described above, the City Council for the Town of
Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, corrected, incorporated herein and made
a part hereof to support the adoption of an ordinance to implement accessory dwelling unit
development standards that are consistent with State legislation to allow any property with an
existing or proposed single-family dwelling to have an accessory dwelling unit and a junior
accessory dwelling unit while also establishing setback requirements that are appropriate for the
physical and environmental context of the community to minimize fore and life safety risks; and
2. This project is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code
because it is an accessory dwelling unit ordinance that is implementing the provisions of
Government Code Section 65852.2.
SECTION H. AMENDMENTS TO THE MUNICIPAL CODE.
1. Subsection 10-1.702(n) in Section 10-1.702 (Accessory uses and structures
permitted (R -A)) in Article 7 of Chapter 1 of Title 10, is hereby amended as follows, with additions
in underline and deletions in stfikethfoug . Sections, subsections, and clauses not amended by this
ordinance are not listed below, and remain in full force and effect.
(n) Accessory dwelling units. Accessory dwelling units shall be permitted on any lot
with a primary single-family dwelling unit as set forth in Article 14 of this chapter, and be
subject exclusively to the requirements of Article 14 notwithstanding any other provisions
of this chapter.
--
- :.
:.
...
s.
--
-
:
-
-
-W.W.:
- -
Ordinance 590 Page 5
- - - ; ■
- - - - ..:
y:.
2. Section 10-1.601 (Residential Uses) in Article 6 of Chapter 1 of Title 10, is hereby
amended as follows, with additions in underline and deletions in str4k thfoug . Sections,
subsections, and clauses not amended by this ordinance are not listed below, and remain in full
force and effect.
10-1.601 Residential uses.
Each primary dwelling shall provide surfaced off-street parking facilities for a minimum
of four (4) cars, including a minimum of two (2) covered parking spaces for each new
primary dwelling. Eaeh seeond dwelling shall provide s ,,,f ee off street parking f edit es
f ,. a fflinimum of one , „,anion to the -fear (4) ed or- the pr-imafy dwelling. Eeeh
parking spaee shall be at least ten (10) feet wi& and at least tweRty (20) feet !on -g-.
Unobstfueted vehieulaf aeeess shall be available at all times fat! fauf (4) par -king spaees.
All parking spaces shall comply with setback standards per Article 5 of this chapter.
Notwithstanding the foreiaoina, 1)arkinR reauirements for accessory dwellinv units shall be
subject to the requirements of Article 14, Chapter 1 of Title 10.
3. Article 14 entitled "Accessory Dwelling Units" is hereby is added to Chapter 1
(Zoning) of Title 10 of the Los Altos Hills Municipal Code to read as set forth in Exhibit A to this
Ordinance, which is hereby incorporated as though set forth in full herein.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this ordinance are severable. The City
Council of the Town of Los Altos Hills hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or'phrases be
held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall become effective ninety (90) days from the date of its final passage. Within
fifteen days after the passage of this ordinance, the City Clerk shall cause this ordinance or a
summary thereof to be published once, with the names of those City Councilmembers voting for
Ordinance 590 Page 6
or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by
law.
INTRODUCED: April 1.6, 2020
PASSED: May 21, 2020
AYES: Mayor Wu, Vice Mayor Tankha, Councilmember Corrigan,
Councilmember Spreen, Councilmember Tyson
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
Michelle Wu, Mayor
WAIPI
or
1l
City Clerk
APPROVED AS TO FORM:
's. oz—,
City Attorney
Ordinance 590 Page 7
EXHIBIT A
Title 10. Zoning and Site Development
Chapter 1. Zoning
Article 14. Accessory Dwelling Units
10-1.1401 Purpose and intent.
The purpose of this article is to establish regulations governing the development of
accessory dwelling units on residential zoned properties with a single-family dwelling within the
Town of Los Altos Hills. The establishment of these regulations will encourage the construction
of accessory dwelling units and contribute to the community's housing stock while ensuring that
the new units are consistent with the semi -rural hillside character of the town and do not create
any significant impacts with regards to traffic flow or public safety. The regulations further
promote and achieve the goals and policies in the town's housing element within the general plan
and comply with state laws related to accessory dwelling units, including California Government
Code section 65852.2.
10-1.1402 Definitions.
For purposes of this article, the following definitions apply:
(a) "Accessory dwelling unit" means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons and is located on
a lot with a proposed or existing primary residence. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi -family
dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a
manufactured home, as defined in Health and Safety Code section 18007.
(b) "Floor area" is the interior habitable area of an accessory dwelling unit, including
basements and attics, but not including a garage or other non -habitable areas adjacent to the unit.
(c) "Junior accessory dwelling unit" or efficiency unit, means a dwelling unit that is up
to 500 square feet in size and contained entirely within an existing primary dwelling unit that
provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
(d) "Lot coverage" is defined the same as, and is equivalent to, development area.
(e) "Primary dwelling unit" means the single-family residence on the property and is
the larger of the two if there is an existing accessory dwelling unit on the property.
(f) "Public transit" means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of transportation that
charge set fares, run on fixed routes, and are available to the public.
(g) "Secondary dwelling" means the same as an accessory dwelling unit.
10-1.1403 General standards and requirements.
Accessory dwelling units are permitted on all residential properties and subject to the
following general standards and requirements:
(a) Type and unit size.
Ordinance 590 Page 8
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit
are allowed on any lot with an existing or proposed single-family dwelling unit provided
that the lot has adequate access to water and sewer or septic services, or as otherwise
allowed by State law 65852.2(e)(1)(A) and (B).
(2) The maximum size of a detached accessory dwelling unit that is a studio or
with one (1) bedroom is eight hundred and fifty (850) square feet and the maximum size
of an accessory dwelling unit with more than one (1) bedroom is one thousand (1,000)
square feet.
(3) The maximum size of an attached accessory dwelling unit is one thousand
(1,000) square feet or fifty (50) percent of the primary dwelling's living area, whichever is
less, provided that at least 800 square feet is allowed.
(4) The maximum size of a junior accessory dwelling unit is five hundred (500)
square feet.
(b) Placement on the lot.
Applications for an accessory dwelling unit shall be ministerially reviewed and
approved by the planning and building departments as provided in section 10-1.1406 of
this article. However, an application for an accessory dwelling unit in any of the following
locations shall be required to obtain a site development permit pursuant to section 10-
2.301;
(1) Areas encumbered by a recorded easement, including but not limited to,
access easements, conservation easements, general public easements, open space
easements, pedestrian pathway easements and public utility easements;
(2) Areas with slopes that meet or exceed thirty (30) percent;
(3) Areas within twenty-five (25) feet of the top of a creek bank;
(4) Areas within a geotechnical or seismic hazard zone. Review and approval
of a geotechnical and/or geologic report prepared by a licensed geotechnical engineer or
registered civil engineer is required in order to locate a structure within a geotechnical or
seismic hazard zone;
(5) Areas within the critical root zone of a heritage oak pursuant to section 12-
2.300. Review and approval of an arborist report prepared by a licensed or consulting
arborist is required if a structure is proposed within the critical root zone of a heritage oak
tree;
(c) Occupancy.
(1) An accessory dwelling unit or junior accessory dwelling unit may be rented
separately from the primary dwelling unit.
(2) An accessory dwelling unit or junior accessory dwelling unit shall be rented
for a period of no less than thirty-one (3 1) days and cannot be occupied as a short-term
rental unit, as defined under section 10-1.1202.
(3) Accessory dwelling units and junior accessory dwelling units shall not be
sold or otherwise conveyed separately from the primary dwelling on the property.
Ordinance 590 Page 9
(d) Development area and floor area.
(1) An accessory dwelling unit is allowed up to eight hundred (800) square feet
of development area beyond the maximum development area permitted pursuant to section
10-1.502.
(2) An accessory dwelling unit is allowed up to eight hundred (800) square feet
of floor area beyond the maximum floor area permitted pursuant to section 10-1.503.
(3) All accessory dwelling unit development area and floor area beyond the
limits set by subsections (1) and (2) of this section shall conform to the limits specified in
sections 10-1.502 and 10-1.503.
(e) Setbacks.
An accessory dwelling unit shall comply with the following setback requirements:
(1) Setbacks for an attached accessory dwelling unit or junior accessory
dwelling unit shall meet the required setbacks for a primary dwelling unit pursuant to
section 10-1.505.
(2) Setbacks for a detached accessory dwelling unit are as follows:
i. The front yard setback, which is measured from the edge of the
primary public or private street right-of-way or access easement, shall be forty (40) feet.
ii. If the property is adjacent to an additional public or private street
right-of-way or vehicle access easement, the setback shall be thirty (30) feet from the edge
of the easement or right-of-way;
iii. The setback from a side property line shall be thirty (30) feet;
iv. The setback from a rear property line shall be thirty (30) feet.
(3) To ensure that every eligible lot can accommodate a detached accessory
dwelling unit pursuant to Government Code section 65852.2, the side and rear yard
setbacks may be reduced to the extent necessary to accommodate an eight hundred (800)
square -foot detached accessory dwelling unit. However, the side and rear yard setbacks
shall not be reduced to a distance of less than four (4) feet from a property line.
i. If a detached accessory dwelling unit is located within thirty (30)
feet of a property line, a basement area underneath the building footprint shall not
be permitted.
(4) To demonstrate that reduced side and rear setbacks are necessary to
accommodate a detached accessory dwelling unit, a site plan shall be prepared that shows
the footprints of the existing primary dwelling unit, all covered porches and patios, and any
other accessory structures over six (6) feet in height, and that there is less than eight
hundred (800) square feet of available space left within the building envelope for the
placement of a detached accessory dwelling unit.
(5) All portions of an accessory dwelling unit, include eave overhangs and other
projections, shall meet the required setbacks.
Ordinance 590 Page 10
(f) Height.
(1) The maximum height of an attached accessory dwelling unit shall meet the
required height for a primary dwelling unit pursuant to section 10-1.504;
(2) The maximum height of a detached accessory dwelling unit shall be one-
story and sixteen (16) feet.
(g) Parking and access.
An accessory dwelling unit shall comply with the following parking and site access
requirements:
(1) Vehicular access to an accessory dwelling unit from the nearest public or
private street shall be provided by a common driveway with the primary dwelling;
(2) One (1) on-site parking space is required for accessory dwelling unit as
follows:
i. The parking space may be covered or uncovered and shall be at least
ten (10) feet wide by twenty (20) feet deep;
ii. The space may be provided as tandem .parking on a driveway or
located in a setback area, unless specific findings are made by the planning director
that parking in a setback area or as tandem is not feasible based upon specific site
or regional topographical or fire and life safety conditions;
iii. The parking space shall not encroach into a required fire truck
turnaround or obstruct the driveway access to the primary dwelling;
(3) No additional on-site parking shall be required for an accessory dwelling
unit for any of the following:
i. The unit is a junior accessory dwelling unit;
ii. When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of, or conversion to, an accessory dwelling
unit;
iii. The unit is located within one-half mile walking distance of public
transit;
iv. The unit is located within an architecturally and historically
significant historic district;
V. The unit is converted from existing floor area the primary dwelling
or an existing accessory structure;
vi. When on -street parking permits are required but not offered to the
occupant of the unit;
vii. When the unit is within one block of a car share vehicle.
10-1.1404 Design requirements.
An accessory dwelling unit shall be reviewed and approved without discretionary review
or a hearing. As part of the planning department's ministerial approval, the following objective
design requirements shall be confirmed:
Ordinance 590 Page 11
(a) The design of the accessory dwelling unit shall be as follows:
(1) Fora detached unit, it shall relate to the design of the primary dwelling by
use of similar exterior wall materials, identified color tones, window types, door and
window trims, roofing materials and roof pitch.
(2) For attached units, it shall be constructed so that the entire structure appears
to be one dwelling including building form, colors, window styles, and window and door
trims;
(b) For detached units that are within thirty (30) feet of a side or rear property line, the
exterior entrance shall not face a side or rear property line;
(c) Exterior wall colors and materials shall have a light reflectivity value (LRV) of fifty
(50) or less and roof materials shall have a light reflectivity value (LRV) of forty (40) or less;
(d) Exterior building light fixtures shall be shielded and downward facing, and limited
to one (1) exterior light fixture per exterior doorway, or the minimum necessary to comply with
the California Building Standards Code.
10-1.1405 Building and construction
An accessory dwelling unit shall be designed and constructed in compliance with all
applicable requirements of the California Building Standards Code and local code amendments.
In addition, the following requirements shall be confirmed:
(a) An accessory dwelling unit shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation.
(b) An accessory dwelling unit is only required to have fire sprinklers if they are
required for the primary dwelling.
(c) An accessory dwelling unit constructed with a new single-family dwelling on the
same lot must be connected to the public sanitary sewer system or be connected to a private sewage
disposal system that is deemed to be adequate by the Santa Clara County Department of
Environmental Health.
(d) All electrical and utility services to a new detached accessory dwelling unit shall
be undergrounded.
(e) If the existing primary dwelling on the property has overhead electrical and utility
services, and no upgrades to the overhead service are required to serve the new accessory dwelling
unit, then the utility service from the power pole to the primary dwelling is not required to be
undergrounded.
10-1.1406 Permit review process.
Applications for an accessory dwelling unit must be submitted to the building department
on a form and with information and materials as required by the Building Official and the
Planning Director, and shall be approved or disapproved within sixty (60) days after receiving
the complete application. The applicant may request that the sixty (60) day review period be
waived.
Ordinance 590 Page 12
10-1.1407 Incentives.
(a) If a detached accessory dwelling unit provides a side and rear yard setback of at
least thirty (30) feet and provides at least one (1) additional on-site parking space, it shall be
eligible for the following incentives:
(1) The maximum size of the unit shall be increased to one thousand two
hundred (1,200) square feet, provided that the additional development area and floor area
conform to the limits specified in sections 10-1.502 and 10-1.503.
(2) The maximum building height shall be increased to one-story and nineteen
(19) feet.
(b) If an attached accessory dwelling unit provides at least one (1) additional on-site
parking space, it shall be eligible for the following incentive:
(1) The maximum size of the unit shall be increased to one thousand two
hundred (1,200) square feet, provided that the additional development area and floor area
conform to the limits specified in sections 10-1.502 and 10-1.503.
(c) If a junior accessory dwelling unit provides one (1) additional on-site parking space,
it shall be eligible for the following incentive:
(1) The maximum size of the unit shall be increased to six hundred and fifty
(650) square feet.
10-1.1408 Fees.
The city council may establish and set by resolution all fees and charges, consistent with
Government Code sections 65852.2 and 65852.22, and related provisions, as may be necessary to
effectuate the purpose of this article.
10-1.1409 Accessory dwelling unit amnesty.
Owners of existing non -permitted accessory dwelling units which were constructed or
otherwise in existence prior to December 31, 2019, may apply for a building permit to legalize the
unit subject to conformance with the regulations in this article, the current California building
standards code in effect at the time of the application, and such rules and regulations as may be
adopted by resolution of the city council.
Ordinance 590 Page 13