Article M — DENSITY BONUS PROGRAM

The purpose of this Article is to provide incentives for the production of housing for very low-income, low-income, moderate-income, and senior households in accordance with Government Code Sections 65915 through 65918. In enacting this Article, it is the intent of the city to facilitate the development of affordable housing and to implement the goals, objectives and policies of the housing element of the city's general plan.

(Ord. No. 344, § 11, 6-24-13)

5-2M-2: - DEFINITIONS.

Whenever the following terms are used in this Article, they shall have the meanings established by this section:

• A. Affordable Rent means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low-, low-, or moderate-income households, not exceeding the following calculations:

  1. Very Low-Income. Unless otherwise provided by law, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

  2. Low-Income. Unless otherwise provided by law, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

  3. Moderate-Income. Unless otherwise provided by law, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

• B. Affordable Sales Price means a sales price at which very low-, low-, or moderate-income households can qualify for the purchase of target units, calculated in accordance with Health and Safety Code Section 50052.5 and the regulations adopted by the California Department of Housing and Community Development pursuant to that section.

• C. Concession shall have the same meaning as the term "incentive" defined herein.

• D. Density Bonus means a density increase of up to those percentages specified in this Article above the otherwise allowable maximum residential density.

• E. Density Bonus Housing Agreement means a legally binding agreement between a developer of a housing development and the city, which ensures that the requirements of this Article and state density bonus law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability and production schedule.

• F. Density Bonus Units means those residential units granted pursuant to the provisions of this Article that exceed the maximum residential density for the development site.

• G. Housing Cost means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees and a reasonable allowance for utilities.

H.

Housing Development means a construction project consisting of five or more residential units or lots, including single-family and multi-family, and otherwise defined in accordance with Government Code Section 65915(i).

• I. Incentive means a regulatory incentive or concession as defined in Government Code Section 65915(k) that may include, but not be limited to, the reduction of site development standards or a modification of zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.

• J. Low-Income Household means a household whose income does not exceed the low-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

• K. Maximum Residential Density means the maximum number of residential units permitted by the city's general plan land use element and development code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the city, excluding the additional density bonus units permitted by this Article. If a range of density is permitted by either the land use element or the development code, "maximum residential density" shall mean the maximum allowable density within the range of density. It the land use element and the development code conflict, the density set forth in the land use element shall govern.

• L. Moderate-Income Household means a household whose income does not exceed the moderate-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

• M. Nonrestricted Units means all units within a housing development excluding the target units.

• N. Senior Citizen Housing or Senior Housing Development means a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

• O. Target Unit means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.

• P. Very Low-Income Household means a household whose income does not exceed the very lowincome limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

(Ord. No. 344, § 11, 6-24-13)

• A. The city shall grant a density bonus and incentives pursuant to subsections B. and C. of this section, to an applicant who agrees to provide the following target units:

  1. Low-Income Units. Designate at least ten percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to low-income households;

  2. Very Low-Income Units. Designate at least five percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to very low-income households;

  3. Moderate-Income Condominium Units. Designate at least ten percent of the total units of a condominium project, as defined in Civil Code Section 1351(f), or planned development, as defined in Civil Code Section 1351(k), or such other percentage provided by law, as target units affordable to moderate-income households; or

  4. Any senior housing development.

• B. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be computed as follows:

  1. Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 percent; provided, however, that for each one percent increase above ten percent in the percentage of units made affordable to low-income households, the density bonus shall be increased by one and one-half percent up to a maximum of 35 percent;

  2. Very Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 percent; provided, however, that for each one percent increase above five percent in the percentage of units made affordable to very low-income households, the density bonus shall be increased by two and one-half percent up to a maximum of 35 percent;

  3. Moderate-Income Condominium. The maximum allowable residential density for the site shall be increased by five percent; provided, however, that for each one percent increase above ten percent of the percentage of units made affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of 35 percent;

  4. Senior Housing Development. The maximum allowable residential density for the site shall be increased by 20 percent;

  5. Certain Donations of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city that satisfies the requirements of Government Code Section 65915(g), and complies with all procedural requirements of that subsection, including recordation of a deed restriction, then the maximum allowable residential density for the site shall be increased by 15 percent; provided,

ant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city that satisfies the requirements of Government Code Section 65915(g), and complies with all procedural requirements of that subsection, including recordation of a deed restriction, then the maximum allowable residential density for the site shall be increased by 15 percent; provided,

however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Section 65915(g), the density bonus shall be increased by one percent up to a maximum of 35 percent. This increase shall be in addition to any increase required by subsections B.1. through B.4. of this section, up to a maximum combined density increase of 35 percent, if an applicant seeks both the increase required by this subsection B.5. and by subsections B.1. through B.4. of this section.

All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the percentage of target units. When calculating the required number of target units, any resulting fraction of units shall be deleted.

• C. Number of Incentives: The applicant shall receive the following number of incentives or concessions:

  1. One incentive shall be provided to a developer who agrees to construct at least ten percent of the total units for low-income households, five percent of the total units for very low-income households, or ten percent of units in a condominium for moderate-income households.

  2. Two incentives shall be provided to a developer who agrees to construct at least 20 percent of the total units for low-income households, ten percent of the total units for very low-income households, or 20 percent of units in a condominium for moderate-income households.

  3. Three incentives shall be provided to a developer who agrees to construct at least 30 percent of the total units for low-income households, 15 percent of the total units for very low-income households, or 30 percent of units in a condominium for moderate-income households. In cases where a density increase of more than the amount specified in subsection B. of this section is requested, the density increase, if granted, shall be considered an additional incentive.

  4. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to subsection A. of this Section, and that includes a childcare facility as defined in Government Code Section 65915(h)(4), the developer shall be entitled to either an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility, or an additional incentive described in CMC 18.125.040, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such childcare facility shall comply with the following:

titled to either an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility, or an additional incentive described in CMC 18.125.040, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such childcare facility shall comply with the following:

  - a. The childcare facility shall remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable. 

b.

Of the children who attend the childcare facility, the children of very low-income households, low-income households, or families of moderate-income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income, pursuant to this Article.

• c. Notwithstanding the foregoing, the city shall not be required to provide a density bonus or incentive for a childcare facility when it is found, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 344, § 11, 6-24-13)

• A. Incentives: If requested by the applicant, a qualifying project shall be entitled to the following incentives, the number of which shall be determined pursuant to Section 5-2M-3, unless the city makes the written findings required by Government Code Section 65915(d)(1):

  1. Types of Incentives: Incentives may include, but are not limited to, any of the following:

     • a. A reduction in site development standards or a modification of the requirements of this zoning code which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more of the following:

       • i. Reduced minimum lot sizes and/or dimensions;

       • ii. Reduced minimum setbacks;

       • iii. Increased maximum lot coverage;

       • iv. Increased maximum building height;

       • v. Reduced on-site parking standards; or

       • vi. Other site or construction conditions applicable to a residential development;

     • b. Mixed use zoning to allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and are consistent with the general plan;

     • c. Another regulatory incentive or concession proposed by the applicant and agreed to by the city that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include, but are not limited to, direct financial aid (e.g., community development block grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land or construction costs;

  2. Requirements:

     • a. Economic Feasibility: Any development incentive granted shall contribute to the economic feasibility of providing the target units.

     • b. Waivers or Modifications: In addition to any density bonus or incentives provided, an applicant may seek a waiver or modification of development standards that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this Article. The applicant may request a meeting with city staff to discuss the applicant's proposal for reduced development standards. The city may not apply any development standard that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this Article.

• (Ord. No. 344, § 11, 6-24-13)

• A. The entry into and execution of the density bonus housing agreement shall be a condition of a discretionary planning permit (e.g., tract maps, parcel maps, site plans, etc.) or a ministerial building permit for a housing development proposed pursuant to this Article. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.

• B. Target units shall remain restricted and be offered at affordable rents to the designated group for a period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

• C. In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

4 bedroom

6 persons

• D. An applicant shall agree that the initial occupants of the moderate-income units in the condominium project are persons and families of moderate income, as defined in Health and Safety Code Section 50093.

• E. Upon resale of a target unit built for moderate-income households pursuant to this Article, the seller and the city shall share in the equity as follows:

  1. The seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

  2. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership.

  3. For purposes of this subsection, the city's "proportionate share of appreciation" shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.

  4. For purposes of this subsection, the city's "initial subsidy" shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderateincome household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value.

• F. All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.

• G. The owner of a rental development shall submit, annually and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.

• H. The owner of a rental development shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.

  • I. The owner of a rental development shall provide to the city any additional information required by the city to ensure the long-term affordability of the target units by eligible households.

  • J. The city shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

  • K. The city may establish fees associated with the setting up and monitoring of target units.

• (Ord. No. 344, § 11, 6-24-13)

Upon request of the developer of a housing development qualifying for a density bonus pursuant to this Article, the city shall permit vehicular parking ratios, inclusive of handicapped and guest parking, in accordance with the following standards: (i) Zero to one bedrooms: one on-site parking space; (ii) Two to three bedrooms: two on-site parking spaces; and (iii) Four or more bedrooms: two and one-half parking spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a housing development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

(Ord. No. 344, § 11, 6-24-13)

An application for a density bonus pursuant to this Article shall be processed as part of the application for a site plan or as part of a tract or parcel map (whichever may be required). An application for a housing development shall not be determined "complete" for purposes of Government Code Section 65920 et seq. unless and until the city council has given preliminary approval of the form and content of a density bonus housing agreement, which complies with the provisions of this Article. The process for obtaining preliminary approval of the density bonus shall be as follows:

• A. Filing: An applicant proposing a housing development pursuant to this Article shall submit an application for a density bonus as part of the submittal of any formal request for approval of a housing development. The application, whether a preapplication or a formal application, shall include:

  1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed;

  2. The zoning and general plan designations and assessor's parcel number(s) of the project site;

  3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways and parking layout; and

  4. The number and nature of the incentives requested pursuant to this Article.

• B. Review of Density Bonus Request:

  1. Within 90 days of receipt of the application for a density bonus and a housing development, the city shall provide to an applicant a letter which identifies project issues of concern and the procedures for compliance with this Article.

If additional incentives are requested, the city engineer shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified incentives shall be recommended for consideration in lieu of the requested incentives. If the city engineer recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

• C. Approval: The city shall approve a density bonus and requested incentives in conjunction with a discretionary planning permit or ministerial building permit for a housing development, if the application complies with the provisions of this Article. The execution and recordation of the density bonus housing agreement shall be a condition of approval of the discretionary planning permit or ministerial building permit.

(Ord. No. 344, § 11, 6-24-13)

• A. The terms of the draft density bonus housing agreement (the "agreement") shall be reviewed and revised as appropriate by the city engineer and the city attorney, who shall formulate a recommendation to the city council for final approval.

• B. Following execution of the agreement by the applicant and the city, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.

• C. At a minimum, the agreement shall include the following:

  1. The total number of units proposed within the housing development, including the number of target units;

  2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

  3. The location, unit sizes (square feet) and number of bedrooms of target units;

  4. Tenure of use restrictions for target units of at least 30 years;

  5. A schedule for completion and occupancy of target units;

  6. A description of any additional incentive being provided by the city;

A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and

8. Other provisions to ensure implementation and compliance with this Article.

• D. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

  1. Target units shall, upon initial sale, be sold to and occupied by eligible very low-, low-, or, in the case of a condominium, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).

  2. The initial purchaser of each target unit shall execute a lien, an instrument or agreement, approved by the city attorney, restricting the sale of the target unit in accordance with this Article during the applicable use restriction period. Such lien, instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the city may require to ensure continued compliance with this Article and state density bonus law.

• E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:

  1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;

2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Article; and

   3. Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

(Ord. No. 344, § 11, 6-24-13)

It is the intent of the city council that the provisions of this Article shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in state laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of the ordinance codified in this Article. Accordingly, it is the further intent of the city council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this Article, to the maximum extent permitted by law.

(Ord. No. 344, § 11, 6-24-13)

ARTICLE N. - CANNABIS

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 366, §§ 2, 3, adopted December 11, 2017, repealed and added provisions intended for use as Article K. For purposes of clarity, and at the editor's discretion, these provisions have been included as Article N.

For purposes of this chapter, the following definitions shall apply.

Cannabis means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis, and any product containing cannabis. "Cannabis" includes cannabis that is used for medical, non-medical, or other purposes.

Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5, as the same may be amended from time to time.

Cannabis accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not, limited to concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Commercial cannabis activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products, for medical, non-medical or any other purpose, and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code,

or any other provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include any activities exempt from licensure requirements pursuant to Division 10 of the Business and Professions Code, as amended from time to time.

Concentrated cannabis means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Delivery means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

Distribution means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

Fully enclosed and secure structure means a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

Indoors means within a fully enclosed and secure structure.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

Outdoors means any location that is not within a fully enclosed and secure structure.

Person means any individual, firm, partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Private residence means a house, an apartment unit, a condominium unit, a mobile home, or other similar dwelling, that is lawfully used as a residence.

(Ord. No. 366, § 5, 12-11-17)

5-2N-2: - PROHIBITIONS.

• A. Commercial cannabis activity, whether or not for profit, is not a permitted use anywhere in the city. The city shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time.

• B. It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the city.

• C. All outdoor cannabis cultivation is prohibited in the city. Indoor cannabis cultivation is prohibited except as specified in section 5-2N-3(A)(4).

(Ord. No. 366, § 5, 12-11-17)

• A. To the extent that the following activities are permitted by State law, nothing in this chapter shall prohibit a person 21 years of age or older from:

  1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis; 
  
  2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis; 
  
  3. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or 
  
  4. Engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, as the same may be amended from time to time. 
  

  • B. This chapter shall also not prohibit any commercial cannabis activity that the city is required by law to permit within its jurisdiction pursuant to state law.

• (Ord. No. 366, § 5, 12-11-17)

5-2N-4: - VIOLATION.

Violations of this chapter are subject to the penalty provisions set forth in Chapter 5 (General Penalty) of Title 1 of the Municipal Code. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 5 of Title 1 of the Municipal Code, this section does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 5 (General Penalty) of Title 1 of the Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 366, § 5, 12-11-17)

ARTICLE O. - OBJECTIVE STANDARDS FOR QUALIFIED SENATE BILL 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS

The purpose of this Article is to provide objective zoning and design standards and procedures for projects developed pursuant to the regulations included in Senate Bill No. 9 (2021) (SB 9), including urban lot splits and development of two residential units within single-family residential zones lots pursuant to Government Code Sections 66411.7 and 65852.21. For the purposes of this Article, the following zones are considered single-family residential zones: RA-S, RA-S-2, R-1. Lot subdivision and development pursuant to this Article does not require discretionary review or a hearing and is considered ministerially.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

Whenever the following terms are used in this Article, they shall have the meanings established by this Section:

Accessory dwelling unit (also "ADU") has the same meaning as set forth in California Government Code Section 65852.2, as amended from time to time.

Junior accessory dwelling unit (also "JADU") has the same meaning as set forth in California Government Code Section 65852.22, as amended from time to time.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

• A. General Standards. All development pursuant to this Article is subject to the following standards:

1. Eligibility requirements of Government Code Section 65852.21(a) shall be satisfied.

2. Except where superseded by this Article, development shall comply with the development standards of the zone in which the lot is located and objective standards of the Hidden Hills Community Association Architectural Standards, as may be amended, incorporated by reference.

3. Development shall comply with all applicable Building and Fire Code standards, including but not limiting to providing water supply capable of supplying required fire flow protection.

4. All streets, driveways, and other accessways providing access to the development shall meet all applicable health and safety standards, including, but not limited to minimum width and maximum grade requirements and other applicable provisions of the Fire Code.

5. No residential unit shall be placed such that it is necessary to pass through a flood control easement or storm drain easement to access the unit.

6. No residential unit shall be located within a restricted use area or restricted development area identified on a subdivision map or assessor's map or within any area encumbered by a recorded easement, including but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements, equestrian trail easements, and open space easements.

7. Grading of slopes greater than 25 percent is prohibited.

8. Ridgeline development is prohibited.

   • a. No new structure or addition to an existing structure in any zone shall be placed or constructed on a ridgeline or within 50 vertical feet or 50 horizontal feet from a ridgeline, as defined in Section 5-2K-2, as measured from the closest point of the structure or addition to the ridgeline, nor shall such structure be placed so that it appears silhouetted against the sky when viewed from existing streets or highways or streets proposed as part of a subdivision or development.

   • b. No grading permit may be issued in any zone for the grading of a ridgeline, as defined in Section 5-2K-2, or for grading within 50 vertical feet or 50 horizontal feet from a ridgeline, as defined in 5-2K-2, as measured from the closest point of any grading work.

9. No tree with a diameter at breast height of four inches or greater shall be removed or have its root zone encroached upon. Grading or other disturbance within the dripline of trees with a diameter at breast height of four inches or greater is prohibited.

10. No more than 25 percent of the exterior structural walls of an existing dwelling shall be demolished if the dwelling has been occupied by a tenant in the last three years prior to the zoning clearance application.

Where more than 25 percent of the exterior structural walls of an existing dwelling is demolished, the entire structure shall be brought into conformance with the standards of this Section.

12. New onsite wastewater treatment systems and expansions of onsite wastewater treatment systems are prohibited.

13. For residential units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

14. All new residential units shall meet the following standards.

• a. No residential unit shall exceed 800 square feet in gross floor area.

• b. No residential unit shall exceed one story.

• c. No residential unit shall exceed a height of 16 feet.

• d. Each residential unit shall have a minimum setback of four feet from side and rear property lines except as allowed by Government Code Section 65852.21.

15. If there is an existing residential unit on the parcel that exceeds 800 square feet in gross floor area or a height of 16 feet, then the floor area or height of the existing residential unit shall not be increased, and any new residential unit shall meet the standards of this Section.

16. Additional Standards for Detached Residential Units. If the residential units are detached, then the following additional standards apply:

• a. The units shall be located one in front of the other in relation to the street.

• b. The front unit shall be at least as wide and as tall as the rear unit.

• c. The front unit shall be positioned such that the rear unit is not visible from the street when viewed from directly in front of the property.

17. Additional Standards for Attached Residential Units. If the residential units are attached, then the following additional standards apply:

• a. One residential unit shall have a door facing the street and one residential unit shall have a door facing the side or rear property line.

• b. The design of the units shall not be symmetrical such that one unit is a mirror image of the other.

18. Additional Standards for Urban Lot Split Projects. On lots created by an urban lot split pursuant to Section 5-2O-4, the following additional standards apply:

• a. Each lot created by the parcel map shall be used solely for residential uses.

• b. No lot created by the parcel map shall have more than two residential units inclusive of any ADU or JADU.

Off-street parking and driveways shall be provided in accordance with the following standards:

     - a. A minimum of one off-street parking space shall be provided for each new residential unit, except that no off-street parking is required if either of the following apply: 

        - i. The lot is located within one-half mile walking distance of either: (i) a high-quality transit corridor as defined in Public Resources Code Section 21155(b); or (ii) a major transit stop as defined in Public Resources Code Section 21064.3. 

        - ii. There is a car share vehicle located within one block of the lot. 

     - b. Where two residential units are located on a single lot, the driveways for each residential unit shall share a single driveway approach. 

     - c. Any new driveway or driveway extension constructed to serve development pursuant to this Article shall not exceed 12 feet in width, or the minimum necessary to meet Fire Code standards, whichever is greater.

20. New accessory structures and expansion of existing accessory structures are prohibited.

    21. Exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

• B. Exceptions. The Planning Director may approve an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area.

• (Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

5-2O-4: - SB 9 URBAN LOT SPLITS.

• A. Subdivision standards. An urban lot split pursuant to this Section is subject to the following standards:

  1. Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied.

  2. The urban lot split must comply with all applicable objective requirements of the Subdivision Map Act.

  3. Each lot created by the parcel map shall have a minimum area of 1,200 square feet.

  4. The newly created lots shall not be smaller than 40 percent of the area of the original lot.

  5. Each lot created by the parcel map shall have a minimum street frontage of 20 feet or 40 percent of the street frontage of the original lot, whichever is greater.

  6. Each lot created by the parcel map must adjoin the public right-of-way or otherwise have or provide access to the public right-of-way.

The boundary between the lots created by the parcel map shall be perpendicular to the front lot line.

  8. The original lot shall not be subdivided in a manner that creates a flag lot, stacked lot, or other such arrangement with one lot in front of the other in relation to the street. 

  9. The subdivision shall not create the need for any access, utility, or other easements. 

  10. All newly created lots shall be connected to public sewer, unless such connection requires an offsite improvement, in which case the newly created lots shall provide a private wastewater system that is fully contained within the new parcel boundaries. 

  11. No lot line shall pass through an existing structure. 

  12. More than 25 percent of the exterior structural walls of an existing dwelling shall not be demolished if the dwelling has been occupied by a tenant in the last three years. 

  13. Separate utility meters shall be provided for each lot prior to recordation. 

  14. The subdivision is subject to all impact or development fees related to the creation of a new lot. 

  15. Residential units developed on lots created pursuant to this Section are subject to the objective standards set forth in Section 5-2O-3, as applicable. 

  16. No lot created by the parcel map shall have more than two residential units inclusive of any ADU or JADU. 

  17. Only residential uses are allowed on a lot created pursuant to this Section.

• B. Exceptions. Pursuant to Government Code Section 66411.7(c)(2), the Planning Director may approve an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area.

• (Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

A property owner seeking to complete an urban lot split, or develop units on a single-family residential property pursuant to the regulations set forth SB 9 and the standards in this Article, shall be subject to the following requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be in a form approved by the City, shall be recorded with the Los Angeles County Registrar-Recorder, and shall contain the following, as applicable:

• A. That the short term rental, defined as rental for a term less than 31 days, of any units on the site shall be prohibited.

• B. That non-residential uses on the site shall be prohibited.

  • C. That any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited. Furthermore, a note on the parcel map shall be applied to all newly created parcels indicating that the parcel was split using the provision of this Article and that no further subdivision of the parcels is permitted.

  • D. Except as provided for in state law, including but not limited to Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, that the owner of the property intends to occupy one of the housing units for three years. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; or, if there is no urban lot split three years from the issuance of the Certificate of Occupancy or Building Final and closing of all construction permits pertaining to any new units created pursuant to this Article.

  • E. That any new residential unit developed pursuant to this Article shall be income restricted to low and very low-income households. If the residential unit is a rental unit, the covenant shall guarantee the affordability of the rental units for a period of not less than 30 years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit that is rented or leased and has resulted from an SB 9 project. If the residential unit is a for sale or owner occupied unit, future sale prices shall be restricted to levels affordable to lower-income households and include procedures for verifying and maintaining compliance with income eligibility requirements. All purchasers of these units shall supply proof of income eligibility to the City Engineer or designee for verification prior to sale and resale. This requirement shall be included in the recorded covenant.

• (Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

• A. All applications for lot splits and SB 9 development using this article shall be processed ministerially through a zoning clearance application without public hearings or discretionary review.

• B. Denial. The Planning Director may deny an urban lot split or zoning clearance upon making the following findings in writing based upon a preponderance of evidence:

  1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

  2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

• C. Finality of Decisions. Decisions of the Planning Director administering this Article shall be final and shall not be subject to appeal.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

ARTICLE P. - ACCESSORY DWELLING UNITS

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 407, § 4(Exh. A), adopted January 12, 2026, amended article P in its entirety to read as herein set out. Former article P, §§ 5-2P-1—5-2P-7, pertained to similar subject matter, and derived from Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23; Ord. No. 391, § 4(Exh. A), 11-12-24; Ord. No. 392, § 4(Exh. A), 12-9-24; Ord. No. 394, § 4(Exh. A), 2-10-25; Ord. No. 395, § 4(Exh. A), 3-10-25.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

(Ord. No. 407, § 4(Exh. A), 1-12-26)

An ADU or JADU that conforms to the standards in this section will not be:

• A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

• B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

• C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

• D. Required to correct a nonconforming zoning condition, as defined in subsection 5-2P-3:H below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

• (Ord. No. 407, § 4(Exh. A), 1-12-26)

As used in this section, terms are defined as follows:

• A. "Accessory dwelling unit" or "ADU" 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. An accessory dwelling unit also includes

the following:

1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

• B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

• C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

• D. "Efficiency kitchen" means a kitchen that includes all of the following:

  1. A cooking facility with appliances.

  2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

• E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

  1. It is no more than 500 square feet of interior livable space in size.

  2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

  3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

  4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure.

  5. The unit shall have an exterior entrance that is separate from the main entrance to the primary dwelling.

  6. It includes an efficiency kitchen, as defined in subsection 5-2P-3:D above.

• F. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

• G. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

• H. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

• I. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

  • J. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

  • K "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.

• L. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

• (Ord. No. 407, § 4(Exh. A), 1-12-26)

The following approvals apply to ADUs and JADUs created under this section:

• A. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection 5-2P-4:C below.

• B. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADUpermit processing fee is determined by the director of community development and approved by the city council by resolution.

• C. Process and Timing.

  1. Completeness.

     • a. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

     • b. Incomplete items. If the city's determination under subsection 5-2P-4:C.1(a) above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

     • c. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

     • d. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

e.

Deemed complete. If the city does not make a timely determination as required by this subsection 1., the application or resubmitted application is deemed complete for the purposes of subsection 5-2P-4:C.3 below.

• f. Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

2. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

3. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

   • (a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

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

4. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 5-2P-4:C.3 above.

5. Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

6. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(Ord. No. 407, § 4(Exh. A), 1-12-26)

5-2P-5: - CLASSES.

• A. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection 5- 2P-6: below, it is allowed in each of the scenarios provided in this subsection 5-2P-5:A. An ADU and JADU approved under subsection 5-2P-5:A.1 may be combined with an ADU approved under subsection 5-2P-5:A.2, and ADUs approved under subsection 5-2P-5:A.3 may be combined with ADUs approved under subsection 5-2P-5:A.4.

  1. Converted on Lot with Single-Family: One ADU as described in this subsection 5-2P-5:A.1 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

     • (a) 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 accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress;

     • (b) Has exterior access that is independent of that for the single-family dwelling;

     • (c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

     • (d) The JADU complies with the requirements of Government Code sections 66333 through 66339.

  2. Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

     • (a) The side- and rear-yard setbacks are at least four feet.

• (b) The total floor area is 800 square feet of livable space or smaller.

  - (c) The peak height above grade does not exceed the applicable height limit in subsection 5- 2P-6:B below. 
  

  3. Converted on Lot with Multifamily: One or more 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. Under this subsection 5-2P-5:A.3, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

  4. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

     • (a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

     • (b) The peak height above grade does not exceed the applicable height limit provided in subsection 5-2P-6:B below.

     • (c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

  • B. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314— 66322. Except for Class 1 ADUs approved under subsection 5-2P-5:A above, all ADUs are subject to the standards set forth in subsections 5-2P-6 and 5-2P-7 below.

• (Ord. No. 407, § 4(Exh. A), 1-12-26)

The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

• A. Zoning.

  1. A Class 1 ADU approved under subsection 5-2P-5:B may be created on a lot in a residential or mixed-use zone.

  2. A Class 2 ADU approved under subsection 5-2P-5:8 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

  3. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

• B. Height.

  1. Except as otherwise provided by subsections 5-2P-6:B.2 and 5-2P-6:B.3 below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

  2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

  3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 5-2P-6:B.4 may not exceed two stories.

5. For purposes of this subsection 5-2P-6:B, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

• C. Fire Sprinklers.

  1. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

  2. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

• D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

• E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

• F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must included with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

• G. Owner Occupancy.

  1. ADUs. ADUs are not subject to an owner-occupancy requirement.

  2. JADUs.

• (a) Generally. As required by state law, JADUs are generally subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

  - (b) Exceptions. The owner-occupancy requirement in this subsection 5-2P-6:G.2 does not apply in either of the following situations: 
  
     - (1) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). 
  
     - (2) The property is entirely owned by another governmental agency, land trust, or housing organization. 
  

• H. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners.

The form of the deed restriction will be provided by the city and must provide that:

1. The JADU may not be sold separately from the primary dwelling.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The JADU may not be rented for a term of 30 or fewer days.

4. The deed restriction runs with the land and may be enforced against future property owners.

5. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

6. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

• I. Building and Safety.

  1. Must comply with building code. Subject to subsection 5-2P-6:L.2 below, all ADUs and JADUs must comply with all local building code requirements.

2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 5-2P-6:L.2 prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

• J. Certificate of Occupancy Timing.

  1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

Limited Exception for State-declared Emergencies. Notwithstanding subsection 5-2P-6:J.1 above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

• (a) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

• (b) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

• (c) The ADU has been issued construction permits and has passed all required inspections.

• (d) The ADU is not attached to the primary dwelling.

• (Ord. No. 407, § 4(Exh. A), 1-12-26)

The following requirements apply only to Class 2 ADUs approved under subsection 5-2P-5:B above. This subsection 5-2P-7 does not apply to Class 1 ADUs or JADUs approved under subsection 5-2P-5:A above.

• A. Maximum Size.

  1. Except as set forth in section 5-2P-7:A.4 below, the maximum size of a detached or attached ADU subject to this subsection 5-2P-7 is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

  2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

  3. Application of other development standards in this subsection 5-2P-7, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 5-2P-7:A.2 above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space.

  4. Optional Larger Size. Notwithstanding any other provision of this subsection 5-2P-7:A, an attached or detached ADU under this subsection 5-2P-7 may be up to 18 feet in height and 1,500 square feet in size in the RA.S.2 zone, and up to 1,200 square feet in all other zones if the ADU complies with all of the objective standards of the underlying zone.

• B. Second-Floor Ratios. Second-floor floor area may not exceed 50 percent of the first-floor floor area.

• C. Setbacks.

ADUs that are subject to this subsection 5-2P-7 must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection 5-2P-7 must conform to 50-foot front setbacks, subject to subsection 5-2P7:A.3 above.

2. No setback is required for an ADU that is subject to this subsection 5-2P-7 if the ADU is constructed in the same location and to the same dimensions as an existing structure.

• D. Lot Coverage. No ADU subject to this subsection 5-2P-7 may cause the total lot coverage of the lot to exceed 25 percent, subject to subsection 5-2P-7:A.3 above.

• E. Passageway. No passageway, as defined by subsection 5-2P-3:I above, is required for an ADU.

• F. Parking.

  1. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 5-2P-3:L above.

  2. Exceptions. No parking under subsection 5-2P-7:F.1 is required in the following situations:

     • (a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection 5-2P-3:K above.

     • (b) The ADU is located within an architecturally and historically significant historic district.

     • (c) 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 an established car share vehicle stop located within one block of the ADU.

• (f) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 5-2P-7:F.2(a) through (e) above.

  3. No Replacement. Except as described in subsection 5-2P-7:A.4 above (optional larger size), when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

• G. Architectural Requirements.

  1. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

  2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

  3. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

  4. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

• H. Outdoor Lighting.

  1. Outdoor lighting fixtures installed on an ADU are prohibited except in accordance with the following standards:

     • (a) A building-mounted fixture may not extend above the ridgeline of the roof of the building on which it is mounted.

     • (b) A light mounted at no more than one foot above finished grade must not exceed an illumination level of one foot-candle, measured at a distance of one and one-half feet, perpendicular to the light source.

     • (c) A light mounted higher than one foot above finished grade must not exceed an illumination level of two foot-candles, measured at a distance of three feet, perpendicular to the light source.

     • (d) Every outdoor lighting fixture must be hooded or directed to confine the lighting within the limits of the property on which the fixture is located. Outdoor lighting fixtures on an ADU must not result in illumination levels above one foot-candle above the ambient level, measured at any point along any property line.

     • (e) Lighting fixtures must not be grouped together to focus their illumination to cause an illumination level in excess of four foot-candles, measured in the brightest area of combined illumination.

     • (f) Exemptions to the above standards are permitted only for holiday and temporaryemergency situations, such as a medical or veterinary emergency; alarm-light response to intrusion; or for seasonal holiday lighting.

  2. No outdoor lighting is allowed with an ADU if it is not installed on the ADU itself. Outdoor lighting that is not installed on an ADU may not be approved with an ADU and is subject to the general outdoor-lighting provisions of the City's code.

• I. Allowed Stories. No ADU subject to this subsection 5-2P-7 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 5-2P-6:B.4 of this section.

(Ord. No. 407, § 4(Exh. A), 1-12-26)

5-2P-8: - Fees.

The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections 5-2P-5:A or 5-2P-5:B above.

• A. Impact Fees.

  1. No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection 5-2P-8:A, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

  2. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1) (C), and is therefore not subject to school fees under Education Code section 17620.

  3. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

• B. Utility Fees.

  1. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

  2. Except as described in subsection 5-2P-8:B.1, JADUs and converted ADUs on a singlefamily lot that are created under subsection 5-2P-5:A.1 above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

  3. Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h) (2)(B) are subject to the connection and fee requirements of the utility provider. If the utility provider requires a direct connection:

     • (a) The connection is only subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

     • (b) The portion of the fee or charge that is charged may not exceed the reasonable cost of providing this service.

(Ord. No. 407, § 4(Exh. A), 1-12-26)

5-2P-9: - NONCONFORMING ZONING CODE CONDITIONS, BUILDING CODE VIOLATIONS, AND UNPERMITTED STRUCTURES.

• A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

• B. Unpermitted ADUs and JADUs constructed before 2020.

1. Permit to Legalize. As required by state law, the city may not deny an ADU permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

     - (a) The ADU or JADU violates applicable building standards, or 
   
     - (b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Article P). 
   

   2. Exceptions:

      • (a) Notwithstanding subsection 5-2P-9:B.1 above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.

      • (b) Subsection 5-2P-9:B.1 above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

• (Ord. No. 407, § 4(Exh. A), 1-12-26)