(A) Any person owning an existing accessory dwelling unit that has not previously been permitted by the city, or any person constructing, or causing the construction of, a residence that has an accessory dwelling unit, or any person remodeling, or causing the remodeling of, a residence for an accessory dwelling unit, shall obtain a land use permit for the accessory dwelling unit from the city. This shall be in addition to any required building permit for the work to be performed.
(B) In order to meet the requirements of the land use permit, the applicant shall:
(1) Submit a completed application form including a site plan that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings or additions to property lines, the location of parking stalls, and utility meters;
(2) Include detailed floor plans with labels on rooms indicating uses or proposed uses;
(3) Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges;
(4) Make all corrections identified as necessary to comply with building code requirements, as identified by the Chief Building Official, or his or her designee, and provide photos of the life safety items required by building code, including carbon monoxide detectors, smoke detectors, and earthquake strapping on water heaters;
(5) Demonstrate and affirm that their property is otherwise in compliance with all other provisions of the zoning ordinance;
(6) The city has no obligation or responsibility to research and enforce an applicant’s property’s existing private covenants, conditions, or restrictions prohibiting an ADU;
(7) It is the exclusive responsibility of a property owner to research and have full knowledge and understanding of those private covenants, conditions, or restrictions that run with, and are attached to, their property; and
(8) By submitting an application to the city for an ADU, the applicant is certifying that they have full knowledge and understanding of those private covenants, conditions, or restrictions that run with their property and have a full understanding of whether those items prohibit an ADU.
(Prior Code, § 33.38) (Ord. 11-2020, passed 5-6-2020)