Stanten  CITY OF STANTON  STANTON CITY HALL, 7800 KATELLA: AVENUE, STANTON, CA  PLANNING COMMISSION REGULAR MEETING WEDNESDAY, NOVEMBER 6, 2024 - 6:30 P.M.  AGENDA  Inc compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Community Development Department at (714) 890-4293. Notification 48 hours prior to the Commission meeting will enable the City to make reasonable arrangements to  assure accessibility to this meeting.  1. CALL TO ORDER STANTON PLANNING COMMISSION REGULAR MEETING  2. PLEDGE OF ALLEGIANCE 3. ROLL CALL  Chair Adams, Vice Chair Frazier, Commissioner Ash, Commissioner Tran  4. PUBLIC COMMENTS  This is the time for members of the public to address the Planning Commission on any non-agendized  matters within the subject matter jurisdiction of the Planning Commission. Each speaker will have a maximum of three (3) minutes, The Commission cannot discuss ort take action on these items.  All speakers must fill out a REQUEST TO SPEAK card and submit it to the Secretary of the The Chair will call speakers to the microphone. Please state your name, slowly and clearly, for When three (3) minutes has expired, please return to your seat as you will not be permitted to  Commission. the record.  have additional time for comments.  5.CONSENT CALENDAR None. 6. SPECIAL PRESENTATIONS Traffic Impact Analysis Overview    7. PUBLIC HEARING 7A.  A PUBLIC HEARING FOR CONSIDERATION OF AN ORDINANCE AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR/ ACCESSORYDWELLINGI UNITSTO COMPLYWITH RECENT CHANGES IN STATE LAW; AND FINDING THE ACTIONTO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE  PUBLIC RESOURCES CODE  RECOMMENDED ACTION That the Planning Commission: Conduct a public hearing;  Find that the proposed project is Categorically Exempt per California Environmental Quality Act (CEQA) under Section 15061 (b)(3) which applies to projects that will not Adopt Resolution No. 2570 (Attachment 1) recommending the City Council adopt Ordinance No. 1150 amending Section 20.400.330 (Accessory Dwelling Units) of the Stanton Municipal Code regarding Accessory Dwelling Units and Junior Accessory  have a significant impact on the environment; and,  Dwelling Units to Comply with Recent Changes in State Law.  8. NEW BUSINESS None. 9. OLD BUSINESS None.  10. PLANNING COMMISSION COMMENTS  At this time Commissioners may report on items not specifically described: in the agenda which are ofinterest to the Commission providedn no discussion or action may! be taken except to provide staff  direction to report back or to place the item on a future agenda.  11. DIRECTOR'S REPORT  None. 12. ADJOURNMENT  Ih hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted att the Post Office, Stanton Family Resource Center and City Hall, not less than  72 hours prior to the meeting. Dated this 31st day of October 2024.  Community & Economic Development Director  A  PC, Agenda - Regular Meeting - November 6, 2024- Page 2  Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection on the City's website at StantonCA.gov    Stantar  REPORT TO THE PLANNING COMMISSION  TO: DATE:  Chairperson and Members of the Planning Commission  November 6, 2024  SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTION  20.400.330 OF THE STANTON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC  RESOURCES CODE  RECOMMENDED ACTION That the Planning Commission:  1. Open and conduct a public hearing;  2. Find that the adoption of the proposed ordinance is statuorily exempt from review under the California Environmental Quality Act ("CEQA") under 3. Adopt Resolution No. 2570 (Attachment 1) recommending the City Council adopt Ordinance No. 1150 amending Section 20.400.330 (Accessory Dwelling Units) of the Stanton Municipal Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law.  Public Resources Code section 21080.17;  SUMMARY  Inr recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUS and JADUS. In 2024, the California Legislature approved, and the Governor signed into law, two new bills-A AB 2533 and SB 1211 -1 that further amend state. ADU law as summarized below. The proposed Ordinance will amend Section 20.400.330 of the Stanton Municipal Code to comply with recent changes to state law that impose new limits on local authority to    regulate Accessory Dwelling Units ("ADUS") and Junior Accessory Dwelling Units ("JADUS"). The legislation states that if a city does not update its Ordinance accordingly, then its existing ADU Ordinance becomes null and void. The Planning Commission's  action serves as a recommendation to the City Council.  AMAL/SBAUSTIFCATION  The City has continued to update its Accessory Dwelling Unit (ADU) Ordinance as new applicable legislation has been introduced to ensure the City's regulations are fully compliant with state regulations. The latest legislative updates were AB 2533 and SB 1211, which are summarized below and reflect the updates made to the  proposed ADU Ordinance.  AB 2533 - Unpermitted ADUS and JADUS  Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. AB 2533 changes this by: (1)expanding the above prohibition to also include JADUS; (2) moving the construction-cutor: date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard  Buildings). (See amended Gov. Code, S 66332(a)-().)  SB 1211 - Replacement Parking Requirements; Multifamily ADUS  Replacement Parking  Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, $6 66314(d)(11).)  conjunction with the construction of, or conversion to, an ADU.  Page 2    Multifamily ADUS  SB 1211 further defines livable space in connection with converted ADUS inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for 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.... "Thei term "livable space" is not defined by existing state SB 1211 changes this by adding a new definition: "Livable space' means a space in a dwelling intended for human habitation, including living, sleeping, eating, SB 1211 also increases the number of detached ADUS that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or Under SB 1211, a parcel with an existing multifamily dwelling can have up to eight detached ADUS, or as many detached ADUS as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, S 66323(a)4XAX0D,.) SB 1211 does not alter the number of ADUS that a lot with a proposed multifamily dwelling can have - the limit remains at two. (See amended Gov. Code,  ADU law.  cooking, or sanitation." (See amended Gov. Code, S 66313(e).)  proposed multifamily dwelling to have up to two detached ADUS.  $66323(a)(4).) Recommendation  Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City's ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City's ADU ordinance will be valid under AB 2533 and SB 1211. For these reasons, staff is recommending that the Planning Commission adopt the attached resolution (Attachment 1), torecommend that the City Council adopt the proposed ordinance.  ENVIRONMENTAL ANALYSIS  Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California's ADU law and which also regulates JADUS, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt  from CEQA in that it implements state ADU law.  Page 3    PUBLIC NOTIFICATION  Public notice was posted in three locations and published on October 4, 2024, in the Orange County Register, and made public through the regular agenda process in accordance with Government Code sections 65854 and 65090. This item was originally scheduled for October 16, 2024, due to a lack of quorum, the meeting was cancelled and all cancelation notices clearly stated that the item would be scheduled for the meeting of  November 6, 2024. Prepared by,  Cpystal  Community and Economict - ATTACHMENTS  Director  Development  1. Resolution No. 2570  A. Draft Ordinance No. 1150  Page 4    RESOLUTION NO. 2570  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STANTON, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIORACCESSORY DWELLING UNITS IN THE CITY, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC  RESOURCES CODE S 21080.17  WHEREAS, the City of Stanton, California ("City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUS") and junior  accessory dwelling units ("JADUS"); and  WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections oft the Government Code to impose new limits on local authority to regulate ADUS  and JADUS; and  WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further  amend state ADU law;  WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of  AB 2533 and SB 1211; and  WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUS and JADUS to reflect AB 2533's and SB 1211's changes to state  law; and  WHEREAS, on October 3, 2024, the City gave public notice that the Planning Commission would conduct a public hearing to consider Zoning Code Amendment ZCA 24-04 by posting the public notice at three public places including Stanton City Hall, the Post Office, and the Stanton Community Services Center, and publishing the notice in the Orange County Register on October 4, 2024, and the Planning Commission agenda was  made available through the agenda posting process; and  WHEREAS, the item was originally scheduled for the Planning Commission meeting of October 16, 2024, but the meeting was cancelled due to a lack of quorum, sO  the item was rescheduled to the meeting of November 6, 2024; and  -1-  ATTACHMENT 1    WHEREAS, on November 6, 2024, the Planning Commission held a duly-noticed WHEREAS, all legal prerequisites to the adoption of this Resolution have NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF STANTON DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission. SECTION: 2. CEQA. The Planning Commission recommends that the City Council find that, under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions ofA Article 20 ofChapter 130 of Division 1 ofTitle7 7 of the California Government Code, which is California's ADU law and which also regulates JADUS, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA ini that it implements state ADU law.  public hearing to consider the attached Ordinance; and  occurred.  SECTION 3. Based on all the evidence in the record, the Planning Commission has determined that amending Section 20.400.330 of the SMC, is necessary and finds that the proposed Zoning Code Amendments are appropriate for the following reasons: 1. Consistency with City's General Plan: The proposed Ordinance is consistent with the City's General Plan, particularly Goal H-1.1, "Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs."A Accessory Dwelling Unit and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City's Ordinance remains updated with recent legislative changes 2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks. The proposed Ordinance will ensure the City's regulations are reflective of legislative changes and are appropriate to ensure compliance with state 3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City's Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance  sO it can continue to offer this variety of housing types.  requirements.  Resolution No. 2570 November 6, 2024  Pg. 2    will bring the City's regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible SECTION 4. Recommendation, Given the foregoing, and based on the entire record before the Planning Commission, the Planning Commission hereby recommends that the City Council adopts Ordinance No. 1150, attached hereto as Exhibit "A" and  with other provisions of the Zoning Code.  incorporated by reference.  SECTION 5. Effective Date. This Resolution takes effect immediately upon Section 6. Certification; Records. The Planning Secretary shall attest as to the adoption of this Resolution and cause the same to be maintained in the permanent  adoption.  records of the City.  PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning  Commission on the 6th day of November 2024, by the following vote:  AYES: NOES:  COMMISSIONERS: COMMISSIONERS:  ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS:  Thomas Adams, Chairperson Stanton Planning Commission  Crystal Landavazo Planning Commission Secretary  Resolution No. 2570 November 6, 2024  Pg. 3    Exhibit "A"  Proposed Ordinance No. 1150  [Attached]  Resolution No. 2570 November 6, 2024  Pg. .4    ORDINANCE NO. 1150  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE CITY OF STANTON MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE S 21080.17  WHEREAS, the City of Stanton, California ("City") is a municipal corporation, duly WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUS") and junior accessory  organized under the constitution and laws of the State of California; and  dwelling units ("JADUS"); and  WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections ofthe Government Code toi impose new limits on local authority to regulate ADUS  and JADUS; and  WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533( ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further  amend state ADU law; and  WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of  AB 2533 and SB 1211; and  WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUS and JADUS to reflect AB 2533's and SB 1211's changes to state  law; and  WHEREAS, on November 6, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation  inf favor of its adoption; and  WHEREAS, on November 26, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1)t the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning  Commission; and  WHEREAS, all legal prerequisites toi the adoption of the Ordinance have occurred.  ORDINANCE NO. 1150  -1-    NOW, THEREFORE, the City Council of the City of Stanton does ordain asi follows: SECTION 1. The recitals above are each incorporated by reference and adopted SECTION: 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUS, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law. SECTION 3. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). Based on all evidence in the record for the Ordinance and all other applicable information presented, the City Council finds that the proposed Ordinance is appropriate 1. Consistency with City's General Plan: The proposed Ordinance is consistent with the City's General Plan, particularly Goal H-1.1, "Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs." Accessory Dwelling Unit and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City's Ordinance remains updated with recent legislative changes 2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks. The proposed Ordinance will ensure the City's regulations are reflective of legislative changes and are appropriate to ensure compliance with state 3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City's Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance will bring the City's regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible  as findings by the City Council.  for the following reasons:  sO it can continue to offer this variety of housing types.  requirements.  with other provisions of the Zoning Code.  ORDINANCE NO. 1150  -2-    SECTION 4. Section 20.400.330 of the Stanton Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit' "A-1,"attached hereto  and incorporated herein by reference.  SECTION! 5. This Ordinance takes effect 30 days after its adoption.  SECTION 6. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing  and Community Development within 60 days after adoption. and post or publish this Ordinance as required by law.  SECTION7. The City Clerk is directed to certify to the adoption of this Ordinance SECTION 8. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 7800 Katella Avenue,  Stanton, CA 90680.  SECTION9. Severability. If any provision oft this Ordinance ori its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.  PASSED, APPROVED, AND ADOPTED this  day of  2024.  DAVID J. SHAWVER, MAYOR  ATTEST:  PATRICIA A. VAZQUEZ, CITY CLERK APPROVED AS TO FORM:  BEST BEST & KRIEGER, CITY ATTORNEY  ORDINANCE NO. 1150  -3-    STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF STANTON  I,F Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that thei foregoing Ordinance No. 1150 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of November, 2024, and was duly adopted at a regular meeting of the City Council held on the 10th day of December, 2024,  by the following roll-call vote, to wit:  AYES: NOES:  COUNCILMEMBERS: COUNCILMEMBERS:  ABSENT: COUNCIL-MEMBERS: ABSTAIN: COUNCILMEMBERS:  PATRICIA A. VAZQUEZ, CITY CLERK  ORDINANCE NO. 1150  -4-    EXHIBIT A-1  Amended ADU Regulations SMC 20.400.330 (follows this page)  ORDINANCE NO. 1150  -5-    EXHIBIT A-1  Section 20.400.330 Accessory Dwelling Units  A. Purpose. Thej purpose ofthis section is to allow and regulate accessory dwelling units (ADUS) and junior accessory dwelling units (JADUS) in compliance with Chapter 13 ofI Division 1 of B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will  Title 7 ofthe California Government Code Seetiens-65852.2and65852.22.  not be:  1. Deemed to be inconsistent with the city's general plan and zoning designation for the 2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is 3. Considered in the application of any local ordinance, policy, or program to limit 4. Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.  lot on which the ADU or JADU: is located.  located.  residential growth.  C.D Definitions. As used in this section, terms are defined as follows:  1. "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 a. An efficiency unit, as defined by section 17958.1 oft the California Health and b. Amanufactured home, as defined bys section 18007 ofthe California Health and 2. "Accessory structure" means a structure that is accessory and incidental to a dwelling 3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or  accessory dwelling unit also includes the following:  Safety Code; and Safety Code.  located on the same lot. Refer to Section 20.700.70.  multifamily dwelling is or will be situated.  4. "Efficiency kitchen" means al kitchen that includes all oft the following:  a. Ac cooking facility with appliances. relation to the size oft the. JADU.  b. Af food preparation counter and storage cabinets that are ofa a reasonable size in    5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all  ofthe following:  a. Itis no more than 500 square feet in size.  b. 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 aj part of and contained within the single-family structure. C. Iti includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. 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 in addition to an exterior entrance thati is separate from thei main e. Itincludes an efficiency kitchen, as defined in subsection C.4 above. 6. "Livable space" means a space in a dwelling intended for human habitation, including 7. "Living area" means the interior habitable area ofa dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 8. "Nonconforming zoning condition" means a physical improvement on a property that 9. Passageway" means aj pathway that is unobstructed clear to the sky and extends from 10. "Proposed dwelling" means a dwelling that is the subject of a permit application and 11. "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. 12. "Tandem parking" means that two or more automobiles are parked on a driveway orin  entrance to the primary dwelling.  living, sleeping, eating, cooking, or sanitation.  does not conform with current zoning standards. as street to one entrance oft the ADU or JADU. that meets the requirements for permitting.  any other location on a lot, lined up behind one another.  D. Approvals. The following approvals apply to. ADUS and JADUS under this section:  1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the  following scenarios:  ORDINANCE NO. 1150  -7-    a. Converted on Single-family Lot: One ADU as described in this subsection D.l.aand one. JADU on a lot with aj proposed or existing single-family dwelling i. Iseither: within the space ofaj 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 ii. Has exterior access that is independent of that for the single-family ii. Has side and rear setbacks sufficient for fire and safety, as dictated by iv. TheJADU complies with thei qurememtsofovemment Code seetion b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to anyJADU that might otherwise be established ont thel lot under subsection D.1.a above), ifthe detached ADU satisfies each of the following limitations: i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller.  oni it, where the ADU or. JADU:  accommodating ingress and egress; and  dwelling; and  applicable building and fire codes. 65852.22 sections 66333 through 66339.  iii. The peak height above grade does not exceed the applicable height limit Converted on Multifamily Lot: 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 D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal d. Limited Detached on Multifamily Lot: No more than two detached ADUS on alot hat-has-an-ewistingorpmepesa-m.ltl-family-dweling 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 i. 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  in subsection E.21 below.  to 25 percent oft the existing multifamily dwelling units.  limitations:  ORDINANCE NO. 1150  -8-    feet, the city will not require any modification to the multifamily ii. Thej peak height above grade does not exceed the applicablel height limit iii. Ifthe lot has an existing multifamily dwelling, the quantity of detached ADUS does not exceed the number of primary dwelling units on the lot.  dwelling as a condition of approving the ADU. provided in subsection E.2 below.  2. ADU Permit.  a. Except as allowed under subsection D.1 above, no ADU1 may be created without ab building permit and an ADU permit in compliance withi the standards set forth b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs ofadopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.  in subsections E and F below.  3. Process and Timing.  a. An ADU permit is considered and approved ministerially, without discretionary b. 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 completed application. Ifthe city has not approved or denied the completed application within 60 days, the i. The applicant requests a delay, in which case the 60-day time period is ii. When an application to create an ADU or JADU is submitted with a permit application to create ai 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  review or a hearing.  application is deemed approved unless either:  tolled for the period oft the requested delay, or  discretionary review or a hearing.  Ifti 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 ofhow the application may ber remedied by the applicant. Notice ofthe denial and corresponding comments must be provided to the applicant within the 60-day time period established by  subsection D.3.b above.  ORDINANCE NO. 1150  -9-    d. A demolition permit for a detached garage that ist tol be replaced with an ADU isr reviewed with the application for the ADU andi issued at the same time.  E. General ADU and JADU Requirements. The following requirements apply to all ADUS and  JADUS that are approved under subsections D.1 or D.2 above:  1. Leeation-Zoning.  a. An ADU subject only to al building permit under subsection D.1 above may be b. AnA ADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or Ina accordance with Government Code section 66333(a), a JADU may only be  created on al loti in ai residential or mixed-use zone.  multifamily dwelling residential use.  created on a lot zoned for single-family residences.  2. Height.  a. Except as otherwise provided by subsections E.2.b and E.2.cl below, a detached ADU created on al lot with an existing or proposed single family or multifamily b. A detached ADU may be up to 18 feet in height ifiti 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 (fora maximum of201 feet) ifnecessary to accommodate: ai roof pitch on the ADU that Ad 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 d. 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 E.2.d may not exceed two stories. For purposes of this subsection E.2, height is measured abevefrom existing legal the finished grade to the peak oft the structure in compliance with Section  dwelling unit may not exceed 161 feet inl height.  isa aligned with the roofpitch ofthe primary dwelling unit.  height.  20.305.050.  ORDINANCE NO. 1150  - 10-    3. Fire Sprinklers.  a. Fire sprinklers are: required in an ADU ifs sprinklers are: required in the primary b. The construction of an ADU does not trigger a requirement for fire sprinklers  residence.  to bei installed ini the existing primary dwelling.  4. Rental Term. No ADU or. JADU may bei rented for a term that is shorter than 30 days. This prohibition applies regardless ofwhen the. ADU or. JADU was created. 5. No Separate Conveyance. An ADU or. JADU may be rented, but, except as otherwise provided in Government Code section 65852.26 66341, no ADU or. JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of asi single-family lot) or from thel lot and all ofthe dwellings (int the caseofamultifamily 6. Septic System Prohibited. The ADU or JADU must connect to the sewer system,  lot).  septic systems are prohibited for every ADU and JADU.  7. Owner Occupancy.  a. AnADUS created under this section on or after January 1, 2020,-but-before enwaV-1-2025-arei is not subject to an owner-occupancy requirement. UnlesseppheahlelelavryuirshemiseADUA-areeesiedonoralter amay-1,2025,aresabeeHPAROMAeresewpansyigpireguirement-A-malural perse-wiegaloreg-aelNeelNepepetymisdesideentheprepety b. As required by state law, all JADUS are subject to an owner-occupancy 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. However, the owner-occupancy requirement in this paragraph subsection E.7.b does not applyifthe propertyis entirely owned by another governmental agency, land trust, or housing  s-thepersemslega-degaldemile-amdpemnermanentresidenee:  organization.  8. Deed Restriction. Prior toi issuance ofa al building permit for an ADU or. 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 ofthe deed restriction will bej provided byt the city a. Except as otherwise provided in Government Code section 65852.26 66341, the ADU or. JADU may not be sold separately from the primary dwelling.  and must provide that:  ORDINANCE NO. 1150  -11-    b. The ADU or JADU is restricted to the approved size and to other attributes C. The deed restriction runs with the land and may be enforced against future d. The deed restriction may be removed if the owner eliminates the ADU or 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 ADU or JADU has in fact been eliminated. Thel Director may then determine whether the evidence supports the claim that the ADU or. JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU: is not entirely physically: removed, buti iso only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable The deed restriction is enforceable by the director or his orl 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 ADU or JADU in violation oft the recorded restrictions or abatement oft the illegal unit.  allowed by this section. property owners.  provisions ofthis Code.  9. Rent Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the a. With the building-permit application. the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU b. Within 90 days after each. January 1 following issuance of thel building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. Ift the city does not receive the report within the 90-day period. the owner is in violation oft this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. Ifthe owner fails to submit the report within the 30-day period, the city may enforce this  following requirements must bes satisfied:  OrJADU.  provision in accordance with applicable law.  10. Building & Safety.  a. Must comply with building code. Subject to subsection E.10.b below, all ADUS and JADUS must comply with all local building code: requirements.  ORDINANCE NO. 1150  -12-    b. No change of occupancy. Construction ofan ADU does not constitute a Group Roccupancy 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 E.10.b 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.  F. Specific ADU Requirements. The following requirements apply only to ADUS that require  an ADU permit under subsection D.2 above.  1. Maximum Size.  a. The maximum size ofa detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet fora b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent oft the floor area oft the existing primary dwelling. Application of other development standards in this subsection F, such as FAR orl lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-spacei requirement may require the ADU to  unit with two or more bedrooms.  be less than 800 square feet.  2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed the ranges set in the table below, subject to subsection F.1.c  above:  FAR/Target Range Residential Uses  General GLMX 25-45 du/ac  North Gateway NGMX South Gateway SGMX  Target Density Range Density range for residential uses expressed as dwelling units per NET acre.  25-45 du/ac 1.0-2.0  30-6 60 du/ac 1.5-3.0  Target Intensity Range Floor area ratio (FAR) for nonresidential uses  Nonresidential Uses (1) 1.0-2.0  3. Setbacks.  e-Femt-ami-Setbaek,  Subyerte-subsetePNepatteFany-ADADU-sabyere-aS swbsectien-may-beleatew#An2s-eetelelrentpreperty-me.  ORDINANCE NO. 1150  13-    i. Fthe-rent-yardsetbaekistheenly-eeationenthelelotwhere-am-ADU maybe-lawAlyeensiwete,tnentLmayeneereaeh-nte-the reguired-rent-yardsetbackasmeesayeemabletheconstruetionof  SWA-sguareiPotut:  AR-ADU-thatissHbyeHe-tnssubsecten-mee-four-feetside- NesebackisreguiamADLNaystelssabseetienPiFhe ADUis-construetet-B-the-same-loeation-andte-thesamedimensiens-as-an a. ADUS that are subject to this subsection Fmust conform to 4-foot side and rear setbacks. ADUS that are subject to this subsection F must conform to 25-foot b. No setback is required for an ADU that is subject to this subsection F ifthe ADU is constructed in the same location and to the same dimensions as an  mérer-yartsetbaeks.  kisting-stueure:  front setbacks, subject to subsection F.1.c above.  existing structure.  4. Lot Coverage. No ADU subject to this subsection F: may cause the total lot coverage oft the lot to exceed the maximums allowed in the below, subject to subsection F.1.c  above. Lot Coverage Interior Lot Corner Lot  RE 30% 35%  RL 40% 45%  RM 50% 50%  RH 65% 65%  5. Impervious Surface Coverage. Maximum percentage ofthe total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, 6. Passageway. No passageway, as defined by subsection C.9 above, is required for an  subject to subsection (F)(1)(c) above.  ADU. 7. Parking.  a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by b. Exceptions. No parking under subsection F.7.a is required in the following  subsection C.12 above. situations:  ORDINANCE NO. 1150  -14-    The ADU is located within one-half mile walking distance of public ii. The ADUis located within an architecturally and historically significant ii. The. ADU is part oft the proposed or existing primary residence (single- family converted ADUS, not multi-family converted) or an accessory iv. When on-street parking permits are required but not offered to the V. When there is an established car share vehicle stop located within one vi. 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 F.7.b.i through (F)(7)(b)v above. No Replacement. 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  transit, as defined in subsection C.11 above.  historic district.  structure under subsection D.1.a above.  occupant oft the ADU. block ofthe ADU.  required tol be replaced.  8. Architectural Requirements.  a. The materials and colors of the exterior walls, roof, and windows and doors must ahle-premmseandenhistmakdeignel bet thes same architectural b. 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 exterior lighting must bel limited to down-lights or as otherwise required by d. The ADU must have an independent exterior entrance, apart from that of the Thei interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with ai minimum interior wall height ofs seven feet.  design and appearance as those of the primary dwelling.  the roof.  thel building or fire code. primary dwelling.  9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be  visible from any public right-of-way.  ORDINANCE NO. 1150  -15-    10. Allowed Stories. No ADU subject to this subsection Fi may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories  allowed under subparagraph E.2.d ofthis section.  G. Fees. The: following requirements apply to all ADUS that are approved under subsections D.1  or D.2 above. 1. Impact Fees.  a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G.1, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code S 66000(b)) and a fee under the Quimby Act (Gov. Code S 66477). Impact fee" here does noti include any connection fee or b. Any impact fee that is required for an ADU that is 750 square feet or larger in size 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 oft the primary dwelling, times the typical fee amount charged for a new  capacity charge for water or sewer service.  dwelling.)  2. Utility Fees.  a. Ifan ADU OFJADU is constructed with a new single-family home, a separate utility connection directly between the ADU OFJADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling b. Except as described in subsection G.2.a, converted ADUS on a single-family lot; that are created under subsection D.1.a above; are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required unless-the-ADU-S Except as described in subsection G.2.a, all ADUS that are not covered by subsection G.2.b above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.All utilities that are not provided by the city are subject to the connection and fee i. The connection is subject to a connection fee or capacity charge that is proportionate tot thel burden created by the ADUL 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. ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.  are required.  cemsrvseedwihamewsingle-amily-hems  requirements oft the utility provider.  ORDINANCE NO. 1150  - 16-    H. Noncontorming Zoning Code Conditions, Building Code Violations, and Unpermitted  Structures.  1. 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 ofthe ADU or. JADU.  2. Unpermitted ADUS and JADUS constructed before 2018 2020.  a. Permit to Legalize. As required by state law, the city may not deny aj permit to legalize an existing but unpermitted. ADU or. JADU that was constructed before January 1, 2018-2020, if denial is based on either oft the following grounds: i. The. ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law Goverment-Cede-setie-68522) or this ADU ordinance (section  20.400.330).  b. Exceptions:  1. Notwithstanding subsection H.2.a above, the city may deny aj permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2018 2020, ift the city makes a finding that correcting av violation is necessary to PoieseHlehealkamdsalyoflhepabier FwpaseFeamere comply with the standards specified in ii. Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code  California Health and Safety Code section 17920.3.  section 17920.3.  I. Restricted Areas. ADUS or. JADUS shall not be allowed where roadways, public utilities and services are: inadequate withi reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless: (1) onec on- site parking spacei is provided for each bedroom included in the. ADU; and (2)replacement on- site parking spaces are provided for any parking spaces that are lost or converted to  accommodate the ADU.  ORDINANCE NO. 1150  -17-