§ 17.32

Condominiums and community apartments shall meet the requirements of this chapter and the obtaining of a conditional use permit in accordance with procedures set forth in Chapter 17.68.

(Ord. 595 § 6.01(B), 1982)

Copies of conditions, covenants and restrictions (CC&Rs) that will apply to the proposed development shall be submitted as part of the conditional use permit application and shall include the following provisions:

A.

Insure payment of any invoice by the city for water or sewer service charges, garbage, trash or rubbish charges in such manner that either the board of governors, the condominium owners or the managementagent guarantees payment to the city;

B.

Guarantee access and entry to the development, all buildings and structures for any authorized fire inspector, building official or any other official charged with carrying out the laws of the city, state or federal government;

C.

Insure that each residential unit in the development shall be used as a residence for a single family and for no other purpose;

D.

Insure that no sign of any kind may be displayed advertising any service, business or other commercial project or venture, in any residential condominium or community apartment;

E.

That the names of the officers and members of the board of governors shall be filed annually with the city clerk during the month of July;

F.

A request that traffic regulations be enforced by the city on the private streets (if any) located therein.

(Ord. 595 § 6.01(C), 1982)

The off-street parking requirements for residential condominiums and community apartments shall be the same as required for any residential project in accordance with the zone in which it is located. (See Chapter 17.16.)

(Ord. 595 § 6.01(D), 1982)

A tentative tract map shall be filed as required by state law and the Blythe Subdivision Ordinance, as amended. In addition, a site and building floor plan drawn to scale shall be submitted showing: location of buildings; floor plan of each unit within the buildings; square footage of each unit; location of recreation

space, pools and rooms; trash areas; any other amenities within the project; driveways and parking stalls; open space including patios and balconies; and any other pertinent information deemed necessary by the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.01(E), 1982)

Interior private streets may be permitted within any condominium or community apartment development, but shall have a minimum width of pavement between standard concrete curbs as follows:

A.

Forty feet where parking is permitted on both sides;

B.

Twenty-eight feet where parking is permitted on one side only;

C.

Twenty feet where parking is prohibited on both sides;

D.

Where a private drive serves only garages, and the driveway is posted to prohibit all other parking, the drive may be constructed to the standard twenty-foot alley specification. All private streets shall be irrevocably offered for dedication and may be refused or withheld by the city;

E.

As required by Title 16 of this code for commercial or industrial condominiums when greater than specified in subsections A through D of this section.

(Ord. 595 § 6.01(F), 1982)

Chapter 17.33 - ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS[[6]]

Footnotes:

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Editor's note— Ord. No. 939-U, § 2, adopted May 13, 2025, repealed the former Ch. 17.33, §§ 17.33.010 —17.33.070, and enacted a new Ch. 17.33 as set out herein. The former Ch. 17.33 pertained to similar subject matter and derived from Ord. No. 911, § 3, adopted December 14, 2021.

17.33.010 - Purpose and scope.

A.

This chapter's purpose is to encourage and allow the provision of affordable housing, while preserving the character and integrity of Blythe's residential uses and neighborhoods. This chapter establishes standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with the State law provisions set forth in California Government Code Sections 66310 through 66342 ("State ADU law").

B.

For purposes of this chapter, "primary dwelling" shall mean as follows:

1.

In the case of a single-family residential zone, the existing single-family dwelling or the larger of two proposed units.

2.

In the case of any other residential or mixed-use zone in which a single-family dwelling is allowed on the property, the existing single-family dwelling or the larger of two proposed units.

3.

In the case of a multi-family or mixed-use zone which allows a residential use, the existing or proposed multi-family units.

C.

As used in this chapter, single-family residential zones refers to the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-172) zones.

D.

In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.

E.

For the purposes of this chapter, words and phrases defined in the State ADU law shall have the same meaning when used in this chapter.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.020 - Requirements.

A.

Zoning Clearance. ADUs and JADUs consistent with the requirements of this chapter are allowed by-right with a building permit.

B.

Applications. Applications for ADUs and JADUs shall be ministerially approved or denied within sixty days of receipt of a complete application. An application shall be approved if it meets the requirements of this chapter.

1.

If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application.

2.

If the city does not approve or deny the completed application within sixty days, the application shall be deemed approved.

3.

If the application is submitted in conjunction with an application for a new single-family or multi-family dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-family or multi-family dwelling is acted upon.

4.

The city shall grant a delay if requested by the applicant.

5.

All applications for ADUs and JADUs shall be accompanied by an application fee.

6.

If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time.

7.

Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application.

8.

An application for an ADU or a JADU shall not be denied due to the need to correct 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 the unit.

Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.

C.

Inspection and Permit Fees. ADUs and JADUs shall be subject to applicable inspection and permit fees.

D.

No certificate of occupancy for an ADU shall be issued before the city issues a certificate of occupancy for the primary dwelling.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.030 - Unpermitted structures constructed prior to January 1, 2020.

A.

No application or permit shall be denied for an ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:

1.

The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or

2.

The ADU or JADU does not comply with state law or the provisions of the Blythe Zoning Code regulating ADUs.

B.

The provisions of subsection A, above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3.

C.

The city shall inform a homeowner that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.

D.

Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not

penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.

E.

Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows:

You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Development Services Director. If the Development Services Director or designee determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.

F.

A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e).

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.040 - Permitted locations/numbers.

A.

An ADU is permitted on any lot where single- or multiple-family dwellings are a permitted use as specified in this chapter. An ADU is also allowed on a lot where single- or multiple-family dwellings are a conditionally permitted use, provided that the lot will contain either a single- or multiple-family dwelling.

B.

A JADU is permitted in a single-family residential zone.

C.

Except as provided in Section 17.33.080, below, only one ADU or JADU shall be allowed on a lot.

D.

ADUs are allowed within, attached to, or detached from the primary unit in accordance with the provisions of this chapter.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)