8107-1 - Standards relating to dwellings.

8107-1.1 - Non-commercial antennas, ground-mounted.

These regulations only apply to non-commercial antennas that are an accessory structure to a dwelling. All other types of non-commercial antennas are regulated as a wireless communication facility (see Section 810745).

No non-commercial antenna or mast shall exceed seventy-five (75) feet in height measured from the grade to the highest point of the antenna or mast. The crank-up variety of ham radio antennas should be used. All units should be color-coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, both the antennas and support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to

main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application.

Non-commercial antennas shall not be constructed, placed, or installed on a structure, site or district designated by a federal, state, or County agency as an historical landmark or site of merit unless that facility is designed to meet the Secretary of the Interior (SOI) Standards. If the facility does not meet the SOI standards, then the Cultural Heritage Board must determine that the proposed facility will have no significant, adverse effect on the historical resource.

(Am. Ord. 3810—5/5/87; Ord. No. 4470, § 4, 3-24-2015)

8107-1.2 - Home occupations.

On property containing a residential use, no commercial activity shall be construed as a valid accessory use to the residential use unless the activity falls within the definition and regulations of a home occupation, or the activity is authorized by a discretionary permit allowing commercial operations. Home occupations are permitted in accordance with the following standards:

8107-1.2.1 - No merchandise, produce or other materials or equipment shall be displayed for advertising purposes.

8107-1.2.2 - No pedestrian, vehicular customer, or delivery traffic shall be generated by the home occupation that exceeds normal levels for uses allowed by Zoning Clearance in a residential neighborhood, and shall not disrupt traffic patterns in the vicinity of the dwelling.

(Am. Ord. 4092—6/27/95)

8107-1.2.3 - No signs naming or advertising the home occupation are permitted on or off the premises. Advertising for the home occupation in a telephone book, newspaper or other printed material or on equipment or vehicles associated with the occupation, shall not divulge the dwelling's location.

(Am. Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95)

8107-1.2.4 - The use of electrical or mechanical equipment that would create visible or audible interference in radio or television receivers is prohibited.

(Add Ord. 3730—5/7/85)

8107-1.2.5 - A home occupation shall be conducted only by members of the household occupying the dwelling, with no other persons employed at the residence.

(Am. Ord. 4092—6/27/95)

8107-1.2.6 - Home occupations shall not occupy space required for other purposes (off-street parking, interior setbacks, etc.).

8107-1.2.7 - For each dwelling unit, there shall be no more than one commercial vehicle (self propelled and/or a towable trailer with equipment) parked on the property or the public right-of-way related to the home occupation except as noted below. Said commercial vehicle or combination of vehicles shall not have a rated gross vehicle weight (GVW) capacity in excess of 10,000 Ibs. A vehicle with external lettering or other script

pertaining to the home occupation is considered to be a commercial vehicle. Such lettering or script shall not divulge the dwelling's location. (See Sec. 8108-3.4 for additional parking requirements).

(Am. Ord. 4092—6/27/95)

(Ord. No. 4407, § 5, 10-20-2009)

8107-1.2.8 - The existence of a home occupation shall not be evident beyond the boundaries of the property on which it is conducted. There shall be no internal or external alterations to the dwelling which are not customarily found in such structures.

(Add Ord. 3730—5/7/85)

8107-1.2.9 - Home occupations involving the on-site use or storage of highly toxic materials, as defined in the Uniform Fire Code, are not permitted. Highly toxic materials are those which on short exposure could cause death or serious temporary or residual injury. The on-site use or storage of flammable or other hazardous materials must comply with the requirements of the Ventura County Fire Protection District, pursuant to the Uniform Fire Code, the Health and Safety Code and the Vehicle Code.

(Add Ord. 3810—5/5/87; Am. Ord. 3810—5/5/87; Am. Ord. 4216—10/24/00)

8107-1.2.10 - Hours of operation for clients shall be limited to 9:00 am to 5:00 pm Monday through Friday. Business may continue beyond these hours if clients are not present.

(Add Ord. 4216—10/24/00)

8107-1.2.11 - The maximum number of clients per day shall be six (6), with no overlap in clients. All clients must be by appointment to allow for control of client overlap.

(Add Ord. 4216—10/24/00)

8107-1.2.12 - Off-site client parking shall be limited to one vehicle at a time, parked as close as possible in front of the residence with the home occupation.

(Add Ord. 4216—10/24/00)

8107-1.2.13 - On-site parking for clients is allowed, providing that all of the following conditions are met:

a.

It is not in violation of any other ordinance; and

b.

It does not displace required on-site parking.

(Add Ord. 4216—10/24/00)

8107-1.2.14 - Business related deliveries are limited to a maximum of two per week. United States Mail and commercial parcel carriers' deliveries are exempted from this limitation.

(Add Ord. 4216—10/24/00)

8107-1.2.15 - The following exemptions from the above standards are allowed providing that the operator obtains a waiver signed by all of the owners or residents of the three closest occupied houses in both directions on the same side of the street, and the seven closest occupied houses on the opposite side of the street. The waiver requirement may be modified by the Planning Director if unique circumstances warrant the action.

ptions from the above standards are allowed providing that the operator obtains a waiver signed by all of the owners or residents of the three closest occupied houses in both directions on the same side of the street, and the seven closest occupied houses on the opposite side of the street. The waiver requirement may be modified by the Planning Director if unique circumstances warrant the action.

a.

The number of clients allowed per day may be increased to a maximum of ten (10).

b.

More than one client may be allowed on-site at one time.

c.

Clients may be allowed on the premises until 9:00 pm.

d.

Clients may be allowed on the premises on Saturdays.

(Add Ord. 4216—10/24/00)

8107-1.3 - Mobilehomes and manufactured housing. 8107-1.3.1 - Construction.

Mobilehomes and manufactured housing may be used as single-family dwellings if the unit was constructed on or after June 15, 1976, or certified by the California Department of Housing and Community Development (HCD) as meeting September 15, 1971, or later, California construction standards. Units used as accessory dwelling units are subject to this date limitation, but mobilehomes used as caretaker or farmworker dwellings are not.

(Am. Ord. 3730—5/7/85; Am. Ord. 4123—9/17/96; Am. Ord. 4281—5/6/03; Ord. No. 4519, § 3, 2-27-2018)

8107-1.3.2 - Foundation system.

Units which are used as single-family residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming units renewed continuing under a Continuation Conditional Use Permit shall be in compliance with the applicable provisions of Chapter 2, Article 7, of Title 25 of the California Code of Regulations.

(Am. Ord. 4123—9/17/96; Am. Ord. 4216—10/24/00)

8107-1.3.3 - Exterior siding.

Exterior siding of a single-family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farmworker dwellings, manufactured mobilehome skirting shall completely

enclose the mobilehome, including the tongue, with a color or material that will be compatible with the mobilehome. For any mobilehomes located more than one hundred and fifty (150) feet from all property lines, and more than two hundred (200) feet from a public road, no skirting is required.

(Am. Ord. 4216—10/24/00; Am. Ord. 4281—5/6/03)

8107-1.4 - Left blank intentionally.

(See Sec. 8107-14.2)

• (Am. Ord. 4092—6/27/95)

Model homes, or a temporary office, for the limited purpose of conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in another subdivision in the vicinity may be permitted, subject to the following provisions:

8107-1.5.1 - The model homes or lots sales are part of an approved tentative map. 8107-1.5.2 - Road Plans shall be submitted to the Public Works Department for approval. 8107-1.6 - Open storage.

8107-1.6.1 - There shall be no open storage in any front or street-side setback, or in an area three feet wide along one side lot line.

8107-1.6.2 - On lots of 20,000 square feet or smaller, open storage shall not exceed an aggregate area of 200 square feet. On lots greater in area than 20,000 square feet, the aggregate area shall not exceed one percent of the total lot area, up to a maximum of 1,000 square feet. Lots of 40 acres or more in the O-S and A-E zones are permitted a maximum of 2,000 square feet of open storage, provided that all open storage exceeding 1,000 square feet is screened from view from all public rights-of-way within 300 feet of such additional storage area. 8107-1.6.3 - With the exception of boats, and unstacked automotive vehicles, the materials shall be limited to a height of six feet.

8107-1.6.4 - Open storage must be accessory to the principal use of the property, and not related to any offsite commercial business or activity. Open storage of motor vehicles, boats and trailers is permitted only if they are owned by the resident(s) of the property on which they are stored.

8107-1.6.5 - The following are not considered open storage, and are therefore exempt from the above open storage regulations:

a.

Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which a Zoning Clearance and necessary building permits are obtained and in force, provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within 180 days of their placement on the lot; however, the Planning Director may grant a time extension for good cause, based on a written request from the applicant.

b.

Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash or recycling cans or barrels, equipment for maintenance of the property and the uses thereon, outdoor cooking equipment, and recreational equipment, accessory to the principal use.

c.

Operative vehicles and the items placed on them, provided that such vehicles are accessory to the principal use and are owned by the resident(s) of the property on which they are parked.

d.

One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one location on the lot. Two cords of wood may be kept on properties within the National Forest boundaries.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)

8107-1.7 - Accessory dwelling units and junior accessory dwelling units.[[1]] Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 4615, § 3, adopted Feb. 7, 2023, repealed the former Sec. 8107-1.7 and enacted a new Sec. 8107-1.7 as set out herein. The former Sec. 8107-1.7 pertained to accessory dwelling units and derived from Am. Ord. 3810, adopted May 5, 1987; Am. Ord. 3920, adopted Dec. 19, 1989; Am. Ord. 4092, adopted June 27, 1995; Am. Ord. 4123, adopted Sept. 17, 1996; Am. Ord. 4281, adopted May 6, 2003; Am. Ord. 4282, adopted May 20, 2003; Am. Ord. 4377, adopted Jan. 29, 2008; Ord. No. 4407, § 5, adopted Oct. 20, 2009; Ord. No. 4436, § 6, adopted June 28, 2011; Ord. No. 4507, § 3, adopted Mar. 14, 2017; Ord. No. 4509, § 2, adopted April 18, 2017; and Ord. No. 4519, § 3, adopted Feb. 27, 2018.

The purpose of this Section 8107-1.7 is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code section 66310 et seq., as may be amended. Pursuant to Government Code section 66314(c), an ADU permitted through this Section 8107-1.7 does not exceed the allowable density for the lot upon which the ADU is located; and an ADU is a residential use that shall be deemed consistent with the existing general plan and zoning designation for the lot. If any provision of this Section 8107-1.7 or the underlying zoning district standards conflicts with state law, the latter shall govern.

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)

8107-1.7.2 - Definitions.

As used in this Section 8107-1.7, the following definitions shall apply:

Accessory Structure—A structure that is accessory and incidental to a dwelling located on the same lot as defined in Government Code section 66313(b), as may be amended.

Existing—Space, units, or structures that are legally permitted or legal non-conforming.

Nonconforming Zoning Condition—A physical improvement on a property that does not conform to current zoning standards as defined in Government Code section 66313(9), as may be amended.

Passageway—A pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit as defined in Government Code section 66313(i), as may be amended.

Proposed Dwelling—A dwelling that is the subject of a permit application and that meets the requirements for permitting as defined in Government Code section 66313(k), as may be amended.

Public Transit—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 as defined in Government Code section 66313(1), as may be amended.

Tandem Parking—A parking configuration where two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another as defined in Government Code section 66313(m), as may be amended.

Total Floor Area—Shall have the same definition as "building area" as set forth in Title 24, Part 2, Chapter 2 of the California Building Code, as may be amended, which states: "The area included within surrounding exterior walls, or exterior walls and fire walls, exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above." However, the computation of total floor area for ADUs shall not include: a garage that is attached to, or below the ADU when there is no internal access from the garage to the ADU; or an unenclosed area or feature such as any eave or architectural feature, attached covered patio or deck, an open deck constructed at or below the level of the first floor, a balcony or the space below a cantilevered balcony, the space below an open and unenclosed stairway, a covered car port, a bay window that does not extend to the floor or protrude more than eighteen (18) inches from the adjoining exterior wall, or similar, as illustrated in Figure 1.

Figure 1

==> picture [361 x 260] intentionally omitted <==

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)

8107-1.7.3 - Types of accessory dwelling units.

An ADU may be created in the following forms:

a.

Detached: The ADU is separated from the primary residential structure.

b.

Attached: The ADU is attached to the primary residential structure. An attached ADU may include the conversion of existing partially enclosed spaces (such as a covered patio) to an ADU that is attached to the primary residential structure.

c.

Space within Primary Residential Structure: The ADU is created within the space (e.g., primary bedroom, attached garage, storage area, or similar use) of an existing or proposed primary residential structure.

d.

Space within an Existing Accessory Structure: The ADU is created within the space of an existing accessory structure that is located on the lot of the primary residence.

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)

A complete application for a building permit shall be ministerially approved to allow ADU(s) and/or a JADU that meets applicable Building Code and Fire Code requirements and the standards set forth in Sections 81071.7.4(a), (b), (c) or (d).

a.

Within Space of Single-Family Dwellings and Accessory Structures: One (1) ADU within the space of a singlefamily dwelling or accessory structure pursuant to this Section 8107-1.7.4(a) is allowed per lot if all the following standards are met:

(1)

The subject lot is zoned R1, R2, RES, RPO, R/MU, RA, RE, RO, or CPD/CBD.

(2)

Location of ADU and/or JADU:

(a)

The ADU or JADU is created within a portion of the existing or proposed space of a single-family dwelling and has exterior access from the proposed or existing single-family dwelling; or

(b)

The ADU is created within the existing space of an accessory structure, such as the conversion of garages and other accessory structures, either attached or detached from the primary dwelling. An existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond its same physical dimensions, but such expansion shall be limited to accommodating ingress and egress to the ADU.

(3)

The side and rear setbacks comply with applicable Building and Fire Code requirements, even if the existing side and rear setbacks are legal non-conforming.

(4)

The ADU pursuant to this Section 8107-1.7.4(a) may be combined with:

(a)

One (1) ADU that meets the standards of either Section 8107-1.7.4(b) or Section 8107-1.7.5; and

(b)

One (1) JADU complying with the requirements of Government Code section 66333 et seq. and Section 81071.7.6.

b.

New Detached ADU with an Existing or Proposed Single-Family Dwelling: One (1) detached new construction ADU pursuant to this Section 8107-1.7.4(b) is allowed on a lot with a proposed or existing single-family dwelling if all the following standards are met:

(1)

The subject/of is zoned R1, R2, RES, RPD, R/MU, RA, RE, RO, or CPD/CBD.

(2)

The ADU's side and rear yard setbacks are at least four (4) feet.

(3)

The ADU does not exceed eight hundred fifty (850) square feet.

(4)

The ADU's maximum building height above grade complies with the height limitations identified in Section 8107-1.7.5(d)(1).

(5)

The ADU pursuant to this Section 8107-1.7.4(b) may be combined with:

(a)

One (1) ADU that meets the standards of either Section 8107-1.7.4(a) or the standards for an attached ADU pursuant to Section 8107-1.7.5; and

(b)

One (1) JADU complying with the requirements of Government Code section 66333 et seq. and Section 81071.7.6.

c.

ADUs in Existing Multifamily Dwelling Structures: ADUs within portions of existing multifamily dwelling structures are allowed pursuant to this Section 8107-1.7.4(c), and may be combined with detached ADUs pursuant to Section 8107-1.7.4(d), if all the following standards are met, even if the multifamily dwelling is legal nonconforming:

(1)

The subject lot is zoned R1, R2, RES, RPD, R/MU, RHD, RA, RE, RO, or CPD/CBD.

(2)

Location of ADU:

(a)

The ADUs are created within portions of the existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. If there is no existing non-livable space within a multifamily dwelling structure, an ADU cannot be created pursuant to this Section 8107-1.7.4(c).

(b)

The non-livable space used to create an ADU pursuant to this Section 8107-1.7.4(c) on a lot with mixed-uses shall be limited to the residential areas, and shall not include the areas used for commercial or other nonresidential activities. Parking and storage areas for non-residential uses shall also be excluded from potential ADU development pursuant to this Section 8107-1.7.4(c).

(3)

The maximum number of ADUs that may be created pursuant to this Section 8107-1.7.4(c) shall be at least one (1) or the number of ADUs equal to up to twenty-five (25) percent of the existing multifamily dwelling units, whichever is greater.

d.

Detached ADUs with Existing or Proposed Multifamily Dwelling: Up to two (2) detached ADUs are allowed on lots with an existing or proposed multifamily dwelling pursuant to this Section 8107-1.7.4(d), and may be combined with ADUs created within multifamily dwellings pursuant to Section 8107-1.7.4(c), if all the following standards are met, even if the multifamily dwelling is legal nonconforming:

(1)

The subject lot is zoned R1, R2, RES, RPO, R/MU, RHO, RA, RE, RO, or CPD/CBD.

(2)

The ADUs maximum height above grade complies with the height limitations identified in Section 8107-1.7.5(d) (1).

(3)

New construction ADUs shall not exceed one thousand two hundred (1,200) square feet.

(4)

The ADU's side- and rear-yard setbacks are at least four (4) feet.

(5)

Detached ADUs may be attached to each other, but must be detached from the existing or proposed multifamily dwelling.

e.

No Zoning Clearance Required: No Zoning Clearance or other land use entitlement is required pursuant to this Chapter for an ADU or JADU authorized under this Section 8107-1.7.4.

f.

Not Subject to Development Standards in Section 8107-1.7.5: ADUs that meet the requirements of Section 8107-1.7.4(a), (b), (c), or (d) and are entitled to a building permit are not subject to the development standards of Section 8107-1.7.5, including size, setback, parking and lot coverage requirements.

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4618, § 4, 7-25-2023; Ord. No. 4633, § 1, 6-4-2024)

ADUs that do not meet the standards under Section 8107-1.7.4 for approval by building permit shall be approved with a ministerial Zoning Clearance if the ADU meets Building Code and Fire Code requirements, the standards in this Section 8107-1.7.5 and other applicable zoning standards.

a.

Property Requirements:

(1)

The subject lot is zoned R1, R2, RES, RPO, R/MU, RHO, RA, RE, RO, CPD/CBD, OS, AE, or TP.

(2)

The lot has a proposed or existing single-family or multifamily dwelling.

b.

Maximum Number of ADUs and JADUs per Lot:

(1)

Each lot may have one (1) ADU pursuant to this Section 8107-1.7.5, which may be combined with:

(a)

One (1) ADU that meets the standards of either Section 8107-1.7.4(a) or Section 8107-1.7.4(b); and

(b)

One (1) JADU that meets the standards of Section 8107-1.7.6.

(2)

Lots zoned OS, AE, or TP are only allowed a maximum of one (1) ADU pursuant to this Section 8107-1.7.5.

c.

Parking Standards:

(1)

No Parking Requirements: No parking standards apply for an ADU in any of the following instances:

(a)

Where the ADU is located within one-half (½) mile walking distance of public transit.

(b)

Where the ADU is located within an architecturally and historically significant historic district.

(c)

Where the ADU is part of the proposed or existing primary residence or an accessory structure.

(d)

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

(e)

When there is a car share vehicle, as defined by section 22507.1(d) of the Vehicle Code, located within one (1) block of the ADU.

(f)

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any of the criteria listed above in this Section 8107-1.7.5(c)(1).

(2)

Required Off-street Parking: Except as provided in Section 8107-1.7.5(c)(1), the following off-street parking standards shall apply:

(a)

Number of Spaces. One (1) covered or uncovered off-street parking space is required per ADU or per bedroom, whichever is less.

(b)

Location of Spaces. Off-street parking may be provided as tandem parking on a driveway. Additionally, the parking space for an ADU may encroach into a required front and/or interior side setback, provided that:

i.

The long dimension of the space is parallel to the centerline of the nearest driveway on the lot; and

ii.

On interior lots, a minimum distance of three (3) feet from the side lot line remains unobstructed by vehicles.

(3)

No Off-Street Replacement Parking Required for Primary Residential Structure: When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces do not need to be replaced for the primary dwelling. Additionally, no parking is required for a newly created ADU pursuant to Section 8107-1.7.5(c)(1)(c) above.

d.

Height:

(1)

The maximum allowed height for detached ADUs is as follows:

(a)

Maximum of sixteen (16) feet above grade on a lot with an existing or proposed single-family or multifamily dwelling; or

(b)

Maximum of eighteen (18) feet above grade on a lot with an existing or proposed multifamily dwelling with multiple stories; or

(c)

Maximum of eighteen (18) feet above grade if the lot has an existing or proposed single-family or multifamily dwelling, and is within one half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in section 21155 of the Public Resources Code. An additional two (2) feet in overall height is allowed to accommodate a roof pitch that is aligned with the roof pitch of the primary dwelling unit.

(d)

Detached ADUs may exceed the allowable height limits set forth in subsections (a) through (c) above if the ADU is set back at least twenty (20) feet from all property lines, but the ADU shall not exceed the maximum allowed building height of the primary dwelling unit on the lot, pursuant to Article 6 of this Chapter.

(e)

Detached ADUs are limited to no more than two (2) stories.

(2)

The maximum allowed height for an attached ADU is twenty-five (25) feet above grade or the maximum allowed building height of the primary dwelling pursuant to Article 6 of this Chapter, whichever is lower.

e.

Setbacks:

(1)

No additional setbacks are required if any of the following are converted to an ADU or portion of an ADU: (a) an existing living area; (b) an existing accessory structure; or (c) a new structure constructed in the same building footprint and to the same dimensions as an existing structure. The provisions of Article 13 of this Chapter shall not apply in these situations. For purposes of this Section, living area, as defined by Government Code section 66313(e), means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(2)

All other new attached and detached ADUs shall have four-foot setbacks from the rear and side lot lines.

f.

Minimum Lot Size: There is no minimum lot size requirement for an ADU or JADU.

g.

ADU Size for Attached and Detached ADUs:

(1)

For lots that are nine thousand (9,000) square feet or less, the maximum total floor area of an attached or detached ADU shall be eight hundred fifty (850) square feet if there is one (1) bedroom or an efficiency unit; or one thousand (1,000) square feet if there is more than one (1) bedroom; or

(2)

For lots that are larger than nine thousand (9,000) square feet, but less than ten (10) acres, the maximum total floor area of an attached or detached ADU shall be one thousand two hundred (1,200) square feet; or

(3)

For lots that are ten (10) acres in size or larger, the maximum total floor area of an attached or detached ADU shall be one thousand eight hundred (1,800) square feet.

(4)

Covered patios, decks, and garages below the ADU are not included in the total floor area computation but are counted toward the maximum allowable square footage allowed for "accessory structures to dwellings" in Section 8105-4.

h.

ADUs Within Space of Single-Family Dwellings in the OS, AE or TP Zones: One (1) ADU per lot is allowed within a proposed or existing single-family dwelling in the OS, AE or TP zones if the applicable standards of this Section 8107-1.7.5 and the following standards are met:

(1)

The ADU is created within a portion of the existing or proposed space of a single-family dwelling and has independent exterior access;

(2)

The ADU does not have internal access to the primary dwelling;

(3)

The ADU does not exceed the size maximums for attached or detached ADUs set forth in Section 81071.7.5(g), as applicable; and

(4)

The side and rear setbacks comply with applicable Building and Fire Code requirements.

i.

Accessory Structures:

(1)

No accessory structure shall be attached to a detached ADU unless the combined total floor area of the accessory structure and ADU does not exceed the allowable size of the ADU per Section 8107-1.7.5(g). This provision does not apply to ADUs built attached to, or above a garage.

(2)

An ADU attached to an accessory structure shall not have internal access to the accessory structure.

j.

Limited Exception to Development Standards: Notwithstanding any other minimum or maximum size for an ADU, size that may be limited based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setback, and minimum lot size, for either attached or

detached ADUs, an ADU that is up to eight hundred fifty (850) square feet with four-foot side and rear setbacks may be constructed in compliance with all other applicable development standards.

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)

8107-1.7.6 - JADU requirements.

A JADU must comply with the following requirements:

a.

Number and Location:

(1)

The subject lot is within one (1) of the following single-family residential zones: R1; R2; RES; RA; RE; or RO.

(2)

One (1) JADU is allowed per lot, including on lots with multiple detached single-family dwellings.

(3)

The JADU must be created within the walls of a proposed or existing single-family dwelling, including attached garages, which are considered within the walls of the existing single-family dwelling.

(4)

A JADU is not allowed in a multifamily dwelling.

(5)

A JADU is not allowed in an accessory structure.

b.

Size: The JADU shall not be larger than five hundred (500) square feet in total floor area.

c.

Kitchen: The JADU must contain an efficiency kitchen that includes:

(1)

Cooking facility with appliances, and

(2)

A food preparation counter and storage cabinets.

d.

Entrance: The JADU shall have a separate entrance from the main entrance to the proposed or existing singlefamily dwelling. An interior entry into the single-family dwelling is not required unless the JADU shares

sanitation facilities with the single-family dwelling.

e.

Parking:

(1)

When a JADU is created by the conversion of an attached garage, replacement parking for the primary residential structure is not required to be provided.

(2)

No parking is required for a JADU.

f.

Sanitation: A JADU must either include separate sanitation facilities or share sanitation facilities with the singlefamily dwelling.

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)

8107-1.7.7 - ADU and JADU application processing and general requirements.

a.

Ministerial Permit Approval:

(1)

Permit applications for an ADU or JADU that meet the requirements of this Section 8107-1.7 shall be considered and approved ministerially without discretionary review or a hearing.

(2)

Except for deviations processed and granted in accordance with Section 8107-37.3 (Deviations for Cultural Heritage Sites) and Section 8111-9 (Reasonable Housing Accommodations), or as required by state law, no variance to the standards or requirements of this Chapter is available for an ADU or JADU.

b.

Type of Permit:

(1)

Applications pursuant to Sections 8107-1.7.4 and 8107-1.7.6 shall be reviewed and approved with a building permit, if the applicable standards are met.

(2)

Applications pursuant to Section 8107-1.7.5 shall be reviewed and approved with a Zoning Clearance, if the applicable standards are met.

c.

When Demolition Permit Required: A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.

d.

Nonconforming Zoning Violations: Correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of an ADU shall not be a condition to ministerial approval of an ADU or JADU application.

e.

Rentals, Owner Occupancy and Transfers:

(1)

Rentals: An ADU and JADU may each be rented separately from the primary residence.

(2)

Rental Term: All ADUs and JADUs, and any portion thereof, that are rented shall be rented for terms that are longer than thirty (30) consecutive days.

(3)

Owner Occupancy:

(a)

Lot with ADU: For a lot with an ADU, the owner of the lot does not have to occupy the primary residence or ADU. However, if a single-family dwelling has an ADU and a JADU, then the owner must occupy either the JADU or the remaining portion of the single-family dwelling in accordance with Section 8107-1.7.7(e)(3)(b).

(b)

Lot with JADU: At the time of application for a JADU, the owner of the lot must reside in the single-family dwelling. Upon completion of construction of the JADU, the owner must occupy either the remaining portion of the single-family dwelling or the JADU. For purposes of this Section 8107-1.7. 7(e)(3)(b), owner includes a beneficial owner when the property is owned by a trust or legal entity. Owner-occupancy, however, is not required if the owner is a governmental agency, land trust, or housing organization.

(4)

Sales and Transfers: Except as provided in Government Code section 66340 et seq., an ADU shall not be sold or otherwise conveyed separately from the primary residence. JADUs shall not be sold or transferred separately from the single-family dwelling.

f.

Deed Restriction:

(1)

For ADUs: Upon approval of an ADU, a deed restriction running with the land in a form provided by the County must be recorded with the County Recorder at the property owner's expense. The deed restriction must include the following:

(a)

Rentals of the ADU must be for a term that is longer than thirty (30) consecutive days; and

(b)

Except as provided in Government Code section 66340 et seq., the ADU shall not be sold or otherwise conveyed separately from the primary residence.

(2)

For JADUs: Upon approval of a JADU, a deed restriction running with the land in a form provided by the County must be recorded with the County Recorder at the property owner's expense. The deed restriction must include the following:

(a)

Rentals of the JADU must be for a term that is longer than thirty (30) consecutive days;

(b)

A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers;

(c)

A restriction on the size and attributes of the JADU that conforms with Section 8107-1.7.6 and Government Code section 66333 et seq.; and

(d)

Owner occupancy requirements for the JADU in accordance with Section 8107-1.7.7(e)(3)(b).

(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)

8107-1.8 - Use of buildings and structures for human habitation.

Buildings or structures may not be used for human habitation unless specifically permitted as a dwelling or as allowed by an approved discretionary entitlement.

(Add Ord. 3730—5/7/95; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96—grammar; Ord. No. 4639, § 6, 1217-2024)

Accessory bathrooms are allowed pursuant to Section 8105-4 of this Chapter if the following standards are met:

(a)

An accessory bathroom may be a freestanding structure, attached to, or within a building or structure.

(b)

Full bathrooms may be allowed within a maximum 200-square-foot freestanding building. This building may include two (2) full or half bathrooms. Each individual bathroom may be combined with a changing room, not to exceed a combined total of one hundred (100) square feet.

(c)

Full bathrooms shall not be attached to, or located within, an enclosed accessory structure or building, except when the bathroom:

(1)

has internal access to a dwelling unit.

(2)

is permitted by a discretionary entitlement pursuant to Sections 8105-4 and 8105-5.

(d)

Full bathrooms may be attached to, or located within, an unenclosed accessory structure or building only if accessible by way of a door leading directly outside of the accessory structure or building.

(e)

Detached accessory structures or buildings may contain a half bathroom provided that the bathroom does not exceed sixty-four (64) square feet in area and is not plumbed to allow for future bathing facilities (i.e., shower or tub).

(Add Ord. 4123—9/17/96; Am. Ord. 4216—10/24/00; Am. Ord. 4282—5/20/03; Ord. No. 4639, § 6, 12-17-2024)

8107-2 - Animal keeping standards.

(Rep./Reen. Ord. 4092—6/27/95; Ord. No. 4639, § 6, 12-17-2024)