(A) Findings. The City Council hereby finds and declares as follows:
(1) Although Cal. Government Code §§ 65852.2 and 65852.22 authorizes the construction and use of accessory dwelling units and junior accessory dwelling units within areas zoned for residential use (including single-family, multifamily, and mixed use), the Government Code explicitly provides that local agencies may exclude areas based upon the adequacy of water and sewer services, as well as the impact of accessory dwelling units on traffic flow and public safety;
(2) The City Council makes all findings set forth in Ordinance 1464 pertaining to the impact of accessory dwelling units on substandard streets will have upon traffic flow and public safety. Allowing accessory dwelling units on properties adjacent to substandard streets (as that term is defined in § 153.120.350(C)) would potentially have a detrimental impact upon traffic flow for residents upon those streets as a result of the lack of sufficient street parking and the increased demand therefor, as well as upon public safety resulting from the impact upon the ability of emergency service personnel/first responders to navigate upon substandard streets with the increased congestion;
(3) California Government Code provides that local agencies my impose standards upon accessory dwelling units and junior accessory dwelling units that include, but are not limited to, parking, height, setback, landscaping, architectural review, maximum size of a unit, and standards that prevent adverse impacts upon any real property that is listed in the California Register of Historic Resources;
(4) The approval of accessory dwelling units and junior accessory dwelling units based solely on the statutory standards set forth in the California Government Code, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
(B) Purpose and intent. These regulations are provided pursuant to Cal. Government Code §§ 65852.2 and 65852.22 to regulate the establishment, use, and occupancy of accessory dwelling units and junior accessory dwelling units, and to establish standards to regulate the placement and design of accessory dwelling units and junior accessory dwelling units in compliance with the Government Code. In addition to compliance with all other applicable statutes, ordinances and regulations, the regulations of § 153.120.360 (“Accessory Dwelling Units - Use Regulations and Development Standards”) shall apply to all accessory dwelling units and the regulations of § 153.120.370 (“Junior Accessory Dwelling Units – Use Regulations and Development Standards”) shall apply to all Junior Accessory Dwelling Units.
(C) Definitions. Terms and phrases used in this Part shall have the same meaning as set forth in § 153.220 of this chapter, unless otherwise defined herein. Where there is a conflict between any term or phrase defined in § 153.220 of this chapter and § 153.120.350(C), the definition set forth in § 153.120.350(C) shall control.
ACCESSORY DWELLING UNIT. The same meaning as that stated in Cal. Government Code § 65852.2(j)(1), as that section may be amended from time to time. An ACCESSORY DWELLING UNIT shall also include any second dwelling unit lawfully established and approved by the city in any R-1 Zone.
ACCESSORY DWELLING UNIT – JUNIOR and JUNIOR ACCESSORY DWELLING UNIT. The same meaning as that stated in Cal. Government Code § 65852.22(h)(1), as that section may be amended from time to time.
ACCESSORY STRUCTURE. An existing detached structure with a roof that is subordinate and incidental to a primary dwelling unit that is located or proposed to be located on the same lot (such as a garage, pool house, or carriage house).
MULTIFAMILY DWELLING. Two or more residential dwellings that are attached to one another. MULTIFAMILY DWELLING shall not include multiple dwellings on a single lot that are not attached to one another.
NEWLY CONSTRUCTED. The construction of new walls and roofs, either attached or detached to an existing primary dwelling unit or to an existing accessory structure on the lot or parcel.
OWNER.
(a) The property owner as set forth on the latest equalized county assessment roll, and shall include the following natural persons:
1. Sole proprietor.
2. Partner of a partnership.
3. Member of a limited liability company.
3. Executive officer of a corporation.
5. Trustor, trustee, or beneficiary of a trust.
(b) For purposes of § 153.120.360(F)(1) (“Accessory Dwelling Unit: Owner-Occupancy”) and § 153.120.370(F)(1) (“Junior Accessory Dwelling Unit: Owner-Occupancy”), the owner-occupant must have authority to bind the owner in all matters related to the property upon which an accessory dwelling unit exists, and shall not pay rent or other compensation to reside at the property.
PRIMARY DWELLING UNIT. Any existing or proposed single-unit dwelling that has been or will be legally established and is located on the same lot as an existing or proposed accessory dwelling unit or junior accessory dwelling unit.
PUBLIC TRANSIT. The same meaning as that stated in Cal. Government Code § 65852.2(j)(10) as that section may be amended from time to time.
TANDEM PARKING. The same meaning as that stated in Cal. Government Code § 65852.2(j)(11) as that section may be amended from time to time.
(Ord. 1464, passed 11-17-21)