A. Purpose: The purpose of this section is to comply with Government Code sections 65852.2 and 65852.22 and recent amendments to these provisions, which allow the City to enact certain standards for the development of accessory dwelling units in residential zones within the City. It is also the purpose of this section to ensure the availability of affordable housing for family members, students, and the elderly, among others, in the City while mitigating impacts to traffic, utilities, public health and safety and preserving the character of residential neighborhoods.
B. Definitions:
1. The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
2. “High-quality transit corridor” has the same meaning as defined by Section 21155 of the Public Resources Code, which as of adoption means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
3. “Major transit stop” has the same meaning as defined in Section 21064.3 of the Public Resources Code, which as of adoption means a site containing any of the following: (1) an existing rail or bus rapid transit station; (2) a ferry terminal served by either a bus or rail transit service; or (3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
4. “Nearest transit stop” means the closest site containing an existing rail or bus station or stop.
5. “Efficiency Kitchen” has the same meaning as defined Municipal Code Section 23.01.01, which is a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit as defined by Government Code § 65852.22(a)(6).
C. Application Approval: Any application for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that meets the location and development standards contained in this Section shall be approved by the City following a ministerial review for compliance, and within 60 days after submission of a complete application.
D. Submittal Requirements And Application Processing:
1. An application for an accessory dwelling unit shall be submitted to the Planning Division and Building Division concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted, and the type of information to be provided by the applicant.
2. The Director of Community Development or his/her designee shall issue an accessory dwelling unit building permit if the application conforms to the specific standards set forth in this section.
3. An application that does not conform to the specific standards set forth in this Section, including the development standards set forth in Section 23.02.25(G) shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable.
E. Location and Zoning Requirements: An accessory dwelling unit may be located only on residentially zoned lots or upon a lot with an existing residential dwelling.
1. One ADU may be constructed on a lot zoned to allow residential use.
2. One JADU may be constructed on a lot zoned to allow residential use.
3. One JADU and one ADU may be constructed on a single-family residential lot where the JADU and ADU meet the requirements in Government Code Section 65852.2(e).
4. For fire safety purposes, new ADUs and JADUs may only be located on a residential lot that has: 1) at least a 10-foot wide fire lane within 150 feet of the subject property and 2) a minimum fire flow of 1,000 gallons per minute. This restriction shall not apply to ADUs and JADUs that are exempt from Planning Review, pursuant to Subsection(F)(1) of this Section as required by Government Code Section 65852.2.
5. Any ADU/JADU legally created shall be governed by the zoning regulations in effect at the time of approval.
6. Tree Removal and Pruning. Tree permits for the removal and/or pruning of established, heritage, or oak trees shall be required per Municipal Code Chapter 23, Article 19.
7. Applicants shall locate and design ADU/JADUs so that the retention of established, heritage, or oak trees is accommodated unless doing so prohibits the development of an ADU/JADU as required by the Government Code.
F. All ADUs and JADUs shall be subject to the following restrictions:
1. The development and use of the ADU/JADU shall only be valid and permitted based on the terms established in this Section.
2. A Deed Restriction shall be required for all ADUs/JADUs. Prior to final inspection and issuance of a certificate of occupancy, for an ADU/JADU, a deed restriction, approved by the Director of Community Development or his/her designee, on a form approved by the City Attorney, shall be recorded with the County Recorder’s Office and filed with the Planning Division which shall include the restrictions and limitations identified in this Subsection. Said deed restriction shall run with the land and shall be binding upon any successor in ownership of the property. The final recorded deed restriction shall state that:
a. The ADU/JADU shall not be sold separately from the primary residence. Except as otherwise required by GC section 65852.26.
b. If the ADU/JADU is rented, it shall not be rented for a period of less than 90 consecutive days.
c. Owner-occupancy is required for parcels with a JADU, consistent with Subsection H 1 of this Section.
d. The ADU/JADU shall be restricted to the livable area approved at the time of building permit issuance. Any owner wishing to incorporate the livable area of the ADU/JADU back into the primary dwelling unit must request termination of the ADU/JADU use under this Section, satisfying all zoning and development standards such as setbacks, floor area, and lot coverage.
e. A second unit may not have utility services separate from those of the primary dwelling unit on the same property.
f. ADU/JADUs shall not be given separate street addresses from the primary dwelling unit, unless the Director of Community Development determines that one is required for public safety purposes. If the Director of Community Development determines that a separate address is required for public safety purposes, then the City will issue an alphanumeric address for the ADU/JADU beginning with “A” and continuing through the alphabet for units on the property. For example, if the address for the primary dwelling unit is 123 Main Street, the address for the ADU/JADU would be 123 A Main Street.
g. The owner and all successors in interest in the subject property shall maintain the ADU/JADU in accordance with all applicable regulations established in this Section and any approval granted by the City. Violations and lack of compliance with any provisions of this Section may result in legal action against the property owner, including revocation of any right to maintain an ADU/JADU on the property as set forth in Subsection J of this Section and shall be subject to administrative fines and penalties as contained in Article 4 of Chapter 1 of the San Marino Municipal Code.
G. Process, Review, And Fees For ADUs And JADUs:
1. Projects Exempt From Obtaining a Planning ADU Application: As provided under Government Code Section 65852.2(e)(1), an owner shall not be required to submit a Planning ADU Application for an ADU under subsection(f)(2) below, and may instead seek building permit approval for the following types of units that are located within residential zones or upon a lot with an existing residential dwelling:
a. JADUs meeting the requirements of Government Code Sections 65852.2(e)(1)(A) and 65852.22.
b. Converted ADUs meeting the requirements of Government Code Section 65852.2(e)(1)(A).
c. New construction of detached ADUs meeting the requirements of Government Code Section 65852.2(e)(1)(B).
d. Projects that are exempt from submitting a Planning ADU Application under this provision are still subject to tree removal permits, grading permits, and other applicable building permit requirements.
2. Projects Subject To Planning ADU Application Review And Timelines: The Director of Community Development or his/her designee shall ministerially review and approve a Planning ADU Application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Section. Where a Planning ADU Application is submitted with an application for a single-family dwelling that is subject to design review under Chapter 23 of this code, the Planning ADU Application will be considered separately without discretionary review or a public hearing, following action on the portion of the project that is subject to Chapter 23.
a. Planning ADU Applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2.
b. In addition to obtaining a Planning ADU Application, the applicant shall be required to obtain a building permit, tree removal permit, if applicable, and other applicable building permit requirements prior to the construction of the ADU.
3. Fees and Services:
a. The owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees except as specifically provided in California Government Code Sections 65852.2 and 65852.22.
b. No letters of service availability for water or sewer shall be required to be provided by the applicant.
H. ADU Development Standards: Excepting those ADUs approved under subsection F.1., an ADU shall comply with the following development standards:
1. ADUs are limited to a maximum of two bedrooms. Studio and one-bedroom ADUs shall not exceed 850 square feet of livable area. Two-bedroom ADUs shall not exceed 1,000 square feet of livable area.
2. If there is an existing primary dwelling unit, an attached ADU shall not exceed 50 percent of the livable area of the existing primary dwelling unit on the subject lot, but in no case shall the ADU be less than 150 square feet, nor more than 1,000 square feet in livable area. The attached ADU also shall not exceed 25 feet in height, as measured from the datum point or the height limit in the underlying zone or the height of the existing primary dwelling unit, whichever is lower, unless it is a JADU that is located entirely within an existing structure. Notwithstanding the foregoing, an attached ADU may not exceed two stories.
3. A detached ADU shall not exceed 1,000 square feet of livable area and shall not exceed one story and/or 16 feet in height, as measured from the datum point.
a. A detached ADU may be up to 18 feet in height, as measured from the datum point, if located within one-half mile of a “major transit stop” as defined in Section 21064.3 of the Public Resources Code or “high-quality transit corridor” as defined by Section 21155 of the Public Resources Code, or if the property has an existing multifamily, multi-story residential dwelling.
b. A detached ADU may be up to 20 feet in height, as measured from the datum point, if it is eligible to be up to 18 feet in height, to accommodate a roof pitch aligned with the primary dwelling unit but shall not exceed one story.
4. A detached ADU shall be located six feet or more from each dwelling, building, and other structure on the property.
5. No setback shall be required for a converted ADU that is within an existing structure or within the footprint of a structure constructed in the same location, height, and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet, as measured from the point of the ADU or any mechanical equipment or similar devices that serve the ADU and are maintained and operated on the exterior of the ADU and that is closest to the side and rear lot lines.
6. An ADU shall conform to all lot coverage, livable area, and front yard setback regulations applicable to the zoning district in which the property is located, except in the following cases:
a. ADUs that are not required to obtain a Planning ADU Application as provided under subsection F.1. of this section.
b. Attached and detached ADU on corner lots are required to abide by the front and street-facing side yard setback requirements of the underlying zoning district in which the ADU is located. Deviation from this section shall require approval of the Community Development Director and a demonstration by the applicant that these setbacks create a safety hazard.
c. Where the application of lot coverage, livable area, or setback regulations would not permit construction of an 800 square-foot ADU that is 16 feet in height or greater due to proximity to a major transit stop or high-quality transit corridor or other increase permitted by state law with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived to permit such an ADU.
8. An ADU shall include a full bath, as defined by Municipal Code Section 23.01.01.
9. ADUs shall exactly match the building materials, colors, style, and form of the primary residence. Architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim, shall match the primary residence on the property, provided that no ADU shall include any second-story balcony or similar open space on the second story.
10. ADUs shall comply with the City’s Pre-Approved Roof Materials, Colors, and Application List and the City’s Window and Door Replacement Procedure and Pre-Approved Window and Door Materials List.
11. Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or any adjacent property.
12. Windows shall be located to avoid direct line of sight to windows of adjacent properties. Obscured glass and other techniques may be used to avoid direct line of sight.
13. An ADU shall have a separate exterior access from the primary dwelling unit. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, the privacy of the primary residence and any adjoining residences and, shall not be visible from the street.
14. Any common wall separating the accessory dwelling unit from the main building shall be soundproofed. Details of the proposed means of soundproofing shall be submitted with plans for construction. No interior entry to the primary dwelling unit shall be provided.
15. A permanent foundation shall be required for all ADUs.
16. In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit. For purposes of this chapter, “public transit” has the same meaning as in Government Code Section 65852.2(j)(11).
b. The ADU is entirely within a proposed or existing primary dwelling unit or other existing structure.
c. The ADU is located within a historic district.
d. On-street parking permits are required but not offered to the occupant of the ADU.
e. There is a City-approved and dedicated parking space for a car-share vehicle located within one block of the ADU.
17. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single-family dwelling unit shall be required to comply with parking standards established in Section 23.02.03 of this Chapter, as well as all other development standards applicable to the zoning district. The location of the required parking space(s) shall not obstruct the parking of the primary residence and shall be a minimum of 20 feet in length and 10 feet in width.
a. When an ADU is created by converting or demolishing a garage, carport, or covered parking structure with an existing door, if the door is visible from the public right-of-way it must maintain its architectural style to continue to appear as an entrance for vehicles.
18. The required parking spaces for the ADU may be uncovered.
19. The installation of fire sprinklers and fire alarms shall be required if they exist for the primary dwelling unit or if the primary dwelling unit requires fire sprinklers/fire alarms before the issuance of a certificate of occupancy for the ADU.
20. An ADU proposed on a property designated as a historical resource listed on the National Register, the California Register of Historic Places or designated as a local historic landmark or located within an area of the City that has been designated as a historic district by the City Council shall be subject to the following standards:
a. No ADU shall be approved that will require a change to the street-facing façade(s).
b. Any changes to the exterior of a historic resource shall exactly match the architectural details, including, but not limited to, windows, roof pitch and lines, eaves, fascia boards, and trim.
c. Properties with a valid Mills Act Contract shall be subject to the standards and conditions of that Contract.
21. The applicant shall submit a map to the Community Development Department demonstrating the distance to the nearest transit stop and major transit stop.
I. JADU Development Standards: Junior Accessory Dwelling Units (JADU) shall comply with the following:
1. The owner of a parcel proposed for a JADU shall occupy as a principal residence either the single family dwelling unit, the JADU, or an ADU if one exists on the property. The JADU shall be considered to be in compliance with this code only so long as the owner occupies either the single family dwelling Unit or the JADU.
2. Notwithstanding subsection 1, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
3. The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of livable area. The floor area of a shared sanitation facility shall not be included in the livable area of the JADU.
4. One JADU may be constructed on a lot zoned for single-family residential use, where there is a single family dwelling unit existing or proposed to be built on the lot. The JADU must be contained entirely within the walls of the existing or proposed single family dwelling unit.
5. The JADU shall include an efficiency kitchen meeting the requirements of California Government Code Section 65852.22 and Municipal Code Section 23.01.01.
6. A separate exterior entry from the main entrance to the single family dwelling shall be provided to serve a JADU.
7. An interior entry to the main living area shall be provided to serve a JADU. Such interior entry may include a second interior doorway for sound attenuation.
8. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
9. Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.
10. No additional parking is required for a JADU.
J. Termination of Permit and Use for ADUs and JADUs:
1. In his or her sole discretion, the Community Development Director may grant an owner’s request to terminate an ADU/JADU permit and deed restriction. The Community Development Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City’s affordable housing supply.
2. As a condition of termination, the Community Development Director shall require the owner to make modifications to the property to comply with: 1) current building code requirements, and 2) current development standards in effect at the time the request is made to terminate the use of the ADU or JADU, including but not limited to, setbacks, heights, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the City’s building and fire codes.
3. In no case shall the ADU or JADU permit be terminated, if the proposed termination would require a variance to exceed the allowable floor area of the single family dwelling unit.
4. Where a request is to terminate an ADU that was created from the conversion or demolition of a garage, carport or covered parking structure, the garage, carport, or covered parking structure must be converted back to off-street parking.
K. Violations and Enforcement for ADUs and JADUs:
1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required City approvals, or does not comply with the standards and deed restrictions established in this section. Violations are subject to the enforcement penalties and procedures of Article 4 of Chapter 1 of this Code.
2. In addition to the enforcement penalties and procedures included in Article 4 of Chapter 1 of this Code, the City may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this section, or an ADU or JADU not maintained in conformance with this section, including:
a. Revocation of the ADU/JADU permit;
b. Where an ADU/JADU has been improperly terminated and is being used as habitable space for the single family dwelling unit, removal of the floor area serving as habitable space; and
c. In any civil enforcement action, the City is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter.
(Ord. 0-17-1331, 11-8-2017; amd. Ord. 0-19-1359-U, 12-11-2019; Ord. 0-20-1360-U, 1-8-2020; Ord. O-20-1368, 11-18-2020)