9283.1 - Accessory dwelling units and junior accessory dwelling units: Approvals.

An application for a new ADU or JADU that satisfies each of the applicable standards below shall be approved by the city following a ministerial review for compliance.

1.

Building permit only. An ADU or JADU that complies with each of the general requirements in section 9283.3 and 9283.4 is allowed with only a building permit in the following scenarios:

a.

Conversions on single-family lots: One ADU and one JADU on a lot with a proposed or existing singlefamily dwelling on it, where the ADU or JADU:

i.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or in the case of an ADU only, within the existing space of an existing accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress;

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

b.

A newly constructed detached adu on single-family lots: One (1) detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 1.a. above), if the detached ADU satisfies the following limitations:

i.

The side- and rear-yard setbacks are at least four (4) feet;

ii.

The gross floor area is eight hundred (800) square feet or smaller; and

[iii.]

The roof peak height above grade is sixteen (16) feet or less.

c.

Conversions on lots with existing multifamily dwellings: Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. The applicant may build at least one ADU within an existing multifamily dwelling, and up to the number of ADUs that equals twenty-five (25) percent of the existing number of multifamily dwelling units in the structure.

d.

Detached ADUs on lots with existing multifamily dwellings: No more than two (2) detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:

i.

The side- and rear-yard setbacks are at least four (4) feet;

ii.

The gross floor area is eight hundred (800) square feet or smaller; and

iii.

The roof peak height above grade is sixteen (16) feet or less.

2.

ADU permit/building permit projects. Except as allowed under subsection 1. above, no ADU may be created without an ADU permit and a building permit. The ADUs developed under this section shall comply with the development standards set forth in section 9283.5. An application for an ADU permit for an ADU that satisfies the requirements of this section shall be ministerially approved by the community development director (or the director's designee) within sixty (60) days after receipt of a complete application consistent with Government Code Section 65852.2.

3.

When an application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

(Ord. No. 21-456, § 12, 8-25-2021)

Editor's note— Ordinance No. 21-456, § 12, adopted August 25, 2021, repealed the former section 9283.1, and enacted a new section 9283.1 as set out herein. The former section 9283.1 pertained to "accessory dwelling unit standards" and derived from Ord. No. 03-320, § 15, 5-28-2003; Ord. No. 11-388, § 8, 12-14-2011; Ord. No. 14-406, § 9, 5-14-2014; Ord. No. 434, § 15, 1-10-2018.

9283.2 - Accessory dwelling units: Very high fire hazard severity zone.

Where a lot or any portion thereof is located within a very high fire hazard severity zone, only one (1) ADU or JADU shall be permitted on the lot unless the lot has two (2) distinct means of vehicular access (a street) such that the two (2) distinct means of vehicular access, as measured from the lot to the point of intersection with a street, shall not overlap with each other.

a.

An applicant wishing to build an ADU on a property which does not satisfy the requirements of subsection 1. above may submit their application to construct an ADU for a fire safety review. As part of a fire safety review, the director shall review the application to determine whether the application contains sufficient alternative fire safety measures to allow the construction of an ADU despite the lack of two (2) distinct means of vehicular access. The director may consider any of the following when determining whether an application contains sufficient fire safety measures to satisfy the fire safety review:

i.

Additional parking beyond those required by this section;

ii.

Additional side, rear, or front setbacks beyond those required by this section;

iii.

Additional fire safety features such as sprinklers, fire retardant construction materials, etc.;

iv.

Location of fire hydrant and fire flow;

v.

Distance of ADU from street;

vi.

Any other aspect of the application or property which allows for the safe construction of an accessory dwelling unit.

2.

Detached ADUs built within a very high fire hazard severity zone must maintain a ten (10)-foot separation between the accessory dwelling unit and any other structure.

3.

Detached ADUs located within a very high fire hazard severity zone shall provide a minimum setback of five (5) feet from the side and rear lot lines.

For a garage, carport, or covered parking structure located within a very high fire hazard severity zone that is converted to an ADU, onsite replacement parking spaces shall be required that comply with the minimum number of spaces stated in section 9654.6. However, the replacement parking spaces need not be enclosed.

(Ord. No. 21-456, § 12, 8-25-2021)

9283.3 - Accessory dwelling units and junior accessory dwelling units: Site requirements.

1.

Permitted ADU and JADU locations. ADUs and JADUs are permitted in the RV (residential-very low density), RL (residential-low density), RS (residential-single-family), RM (residential-medium density), RH (residential-high density), CS-MU (commercial shopping center-mixed use), and OS-R (open spacerestricted) zones or in any zone designation where residential development is allowed.

An ADU shall be located on the same lot as a detached or multifamily residential building.

2.

ADU or JADU covenant.

a.

For each new ADU approved through the building permit only process, the property owner shall record a covenant in accordance with subsection b. below except the property owner shall not be required to reside in either the ADU or primary dwelling unit.

b.

For each new ADU or JADU approved through the building permit only process, the property owner shall record a city attorney-approved declaration of restrictions that specifies the size and attributes of the ADU or JADU, and that places the following restrictions on the property, the property owner, and all successors in interest:

i.

The ADU or JADU shall be rented only for terms longer than thirty (30) consecutive days,

ii.

The ADU or JADU shall not be sold or conveyed separately from the primary residence,

iii.

The property owner (other than a governmental entity, land trust or housing organization) shall reside in either the JADU or in the remaining portion of the single-family residence,

iv.

The ADU or JADU and the property shall be maintained in accordance with all applicable laws, and

v.

Any violation will be subject to penalties as provided in the Municipal Code.

(Ord. No. 21-456, § 12, 8-25-2021)

9283.4 - Junior accessory dwelling units.

1.

The maximum gross floor area of any new JADU shall not exceed five hundred (500) square feet.

2.

JADUs shall have exterior access that is independent from the primary dwelling.

3.

A junior accessory dwelling unit is required to include an efficiency kitchen which shall include all of the following: A) A cooking facility with appliances and B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(Ord. No. 21-456, § 12, 8-25-2021)

9283.5 - Accessory dwelling units: Development standards for ADU permit projects.

An ADU requiring an ADU permit is subject to the following requirements:

1.

Lot size. All new ADUs are exempt from compliance with the minimum lot size requirements.

2.

Lot coverage. All new ADUs shall conform to the lot coverage requirements for the zoning district in which the ADU is located, except that the lot coverage requirement shall not prevent the approval of an eight hundred (800) square foot ADU that meets the four (4)-foot side and rear yard setbacks and sixteen (16)foot height limit.

3.

Size. The maximum gross floor area of any new ADU shall not exceed the following:

a.

New detached ADU: Eight hundred fifty (850) square feet for a studio or one (1)-bedroom unit; or one thousand (1,000) square feet for an ADU with more than one (1) bedroom.

b.

New attached ADU: Eight hundred fifty (850) square feet for a studio or one (1)-bedroom unit; or one thousand (1,000) square feet for an ADU with more than one (1) bedroom; or fifty (50) percent of the primary residence's living area, whichever is less.

c.

New detached ADU in an existing legally established accessory structure: Eight hundred fifty (850) square feet for a studio or one (1)-bedroom unit; or one thousand (1,000) square feet for an ADU with more than one (1) bedroom.

4.

Height. The maximum height of any new ADU shall not exceed the following:

a.

New detached ADU: A new detached ADU shall not exceed a roof peak height of sixteen (16) feet above grade.

b.

New attached ADU: A new attached ADU shall not exceed the height limit applicable to the primary residence or the actual height of the existing primary residence, whichever is less. An ADU not to exceed a roof peak height of sixteen (16) feet above grade shall be allowed if the actual height of the primary residence is less than sixteen (16) feet.

5.

Setbacks. An ADU shall comply with all front yard setback requirements applicable to the lot's primary residence. Unless otherwise provided in this section, any new attached or detached ADUs shall have a minimum setback of four (4) feet from the rear property line and four (4) feet from the side property line.

a.

Notwithstanding these provisions, in the Old Agoura Design Overlay District, a detached ADU may be erected in the required minimum front yard provided it does not exceed more than twenty-five (25) percent of the minimum required front yard.

b.

Notwithstanding the above, no setback shall be required for an ADU that is within an existing structure or constructed in the same location and within the same dimensions as an existing legally established structure.

c.

A detached ADU must maintain a ten (10)-foot separation from any primary dwelling unit on the lot.

6.

Design and other improvements.

a.

The ADU's exterior building materials and colors should match those of the single-family residence.

b.

If an automatic sprinkler system is required for the primary residence, the ADU or JADU shall also have an automatic sprinkler system.

c.

Attached ADUs shall have exterior access that is independent from the primary dwelling. No internal access between the attached ADU and the primary residence is allowed.

d.

ADUs shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code or California Residential Code.

7.

Parking requirements. One (1) off-street parking space shall be provided for an ADU, in addition to the parking required for the primary residence. No parking shall be required for a JADU. The required parking space for the ADU may be provided as tandem parking on an existing driveway.

a.

Parking exemption. Notwithstanding subsection 7 above, no additional parking space is required for an ADU that satisfies any of the following:

i.

The ADU is located within one-half (½) mile walking distance of "public transit" within the meaning of Government Code Section 65852.2;

ii.

The ADU is located within an architecturally and historically significant district;

iii.

The ADU is part of the existing or proposed primary residence or built in an existing accessory structure;

iv.

The ADU is located in an area where on-street parking permits are required, but not offered to an ADU occupant;

v.

The ADU is located within one (1) block of a city-approved and dedicated parking space for a car share vehicle.

b.

Replacement parking. When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction an ADU or is converted into an ADU, replacement parking for the primary dwelling unit shall not be required.

8.

Horse-keeping area. To endeavor to minimize impacts of ADUs on horse keeping uses located in the Equestrian Overlay Zone, notwithstanding section 9592(a), the community development director shall have the discretion to make the minimum horse keeping area optional if the size of the lot is under ten thousand eight hundred ninety (10,890) square feet or if the lot has an average slope over twenty-five (25) percent.

9.

Notwithstanding the standards pertaining to allowable lot coverage, allowable site coverage, minimum side and rear yard setback distances, and minimum horse-keeping area, one (1) ADU shall be allowed when that unit occupies eight hundred (800) square feet or less in gross floor area, the unit does not exceed sixteen (16) feet in height, and the unit would be located on a lot such that the rear and side yard setback distances are not less than four (4) feet consistent with section 9283.1(1) regarding building permit only ADUs.

(Ord. No. 21-456, § 12, 8-25-2021)

9283.6 - Accessory dwelling units: Fees and utility connections.

1.

ADUs constructed with a single-family dwelling shall be subject to standard utility-connection requirements and fees.

2.

Converted ADUs and JADUs or ADUs in an existing accessory structure on a single-family lot, created under 9283.1(1) are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.

3.

All ADUs and JADUs not covered by 9283.1(1) require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the gross floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

If the ADU will use a private sewage disposal system, the property owner shall obtain approval by the local environmental health officer prior to submitting an application with the city.

5.

The city shall not impose any development impact fees upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any development impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the accessory dwelling unit.

(Ord. No. 21-456, § 12, 8-25-2021)