Accessory Dwelling Units Zoning Ordinance Planning Commission Oksana Buck, Associate Planner May 5, 2020
Background • AB 881, AB 68, SB 13 revised ADU regulations (Effective January 1, 2020). • The City must update its ADU regulations to comply with the new state regulations. • Comprehensive revision of CMC Chapter 19.56 is necessary to address the extent of the new State regulations.
Chapter 19.56 Accessory Dwelling Units • Section 19.56.010 Intent • Section 16.56.020 Definitions • Section 19.56.030 Permitting Process • Section 19.56.040 Permitted Zones and Lots • Section 19.56.050 Permitted Number of ADUs on a Legal Lot • Section 19.56.060 ADU Development Standards • Section 16.56.070 ADU Design Standards • Section 19.56.080 ADU Parking Standards • Section 19.56.090 ADU Ownership and Occupancy • Section 19.56.100 JADU Development Standards • Section 19.56.110 Deed Restrictions • Section 19.56.120 Conflicting Provisions
Section 19.56.010 Intent • It is the intent of this chapter to permit ADUs, in conformance with state law, in designated zones subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods in a manner consistent with the city’s general plan, including the community design element.
Section 19.56.020 Definitions Accessory Dwelling Unit (ADU) means a 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 that may be either a single-family or multifamily dwelling. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an “efficiency unit” (150 sq. ft.) and manufactured homes.
Section 19.56.020 Definitions (continued) Attached ADU shares at least one common wall with the primary dwelling and is not fully contained within the existing space of the primary dwelling (i.e., an addition). Detached ADU does not share a common wall with the primary dwelling unit and is not an internal ADU. Internal ADU fully contained within the primary dwelling unit or an accessory structure (i.e., room conversion). Junior ADU (JADU) fully contained within the primary dwelling unit and is less than 500 square feet (i.e., room conversion). Two-Story Attached ADU is attached to the primary dwelling unit and is taller than 16 feet or is two-stories.
Section 19.56.020 Definitions (continued) Accessory Structure is a structure that is accessory and incidental to a dwelling located on the same lot. Public Transit includes the Camarillo Metrolink station, or a fixed bus route with regular service covering a significant portion of the city that’s not a subscription service.
Section 19.56.030 Permitting Process • Zone Clearance approval • Attached ADU if under 16 feet in height • Detached ADU • Internal ADU • Junior ADU • Plan Review • Attached ADU if over 16 feet in height • Two-Story Attached ADU • All ADUs must be reviewed and acted upon within 60 days via administrative review. No discretionary review or public hearings.
Section 19.56.040 Permitted Zones and Lots • ADUs are allowed on legal lots with an existing or proposed single- family residence in the residential zones: • Agricultural Exclusive (A-E) • Rural Exclusive (R-E) • Single Family (R-1) • Residential Planned Development (RPD) • Mobile Home Park Development (MHPD) • ADUs are allowed on legal lots with existing or proposed multifamily residences in the following zones: • Camarillo Commons Mixed-Use (CCM) • Village Commercial Mixed-Use (CMU) • Commercial Old Town (COT) • Service Commercial (SC)
19.56.050 Permitted Number of ADUs • Single-Family Parcel • One (1) ADU (Attached, Detached, Internal, Junior, Two-Story Attached). • Two (2) ADUs are only allowed for proposals that include a Detached ADU and a Junior ADU. No other combinations are allowed. • Multifamily Parcel • At least one (1) internal ADU, with up to a maximum of 25 percent of existing number of multifamily units within an existing multifamily dwelling structure (example: eight-unit multifamily building may add up to two (2) internal ADUs within portions of existing structure not used as livable space), and • No more than two (2) detached ADUs.
19.56.060 ADU Development Standards ADU SIZE AND HEIGHT REQUIREMENTS Attached, Type of ADU Internal, and Detached Junior Two-Story Attached 850 sq. ft. Maximum Size 850 sq. ft. 500 sq. ft. 1-BR *800 sq. ft. if combined with JADU 1000 sq. ft. (< 1 acre) 1000 sq. ft. (< 1 acre) 500 sq. ft. Maximum Size 1200 sq. ft. (> 1 acre) 1200 sq. ft. (> 1 acre) 2-BR *800 sq. ft. if combined with JADU Minimum Size 150 sq. ft. 150 sq. ft. 150 sq. ft. 16 feet, unless approved N/A – contained entirely Maximum Height 16 feet by Plan Review process within existing residence
Section 19.56.060 ADU Development Standards (continued) • ADUs must conform to the development standards for the underlying zone, including front yard setbacks, lot coverage and open space. • Despite any development standards for the underlying zone, there are exceptions to those standards, including: • Minimum side and rear yard setbacks are 4 feet for new construction of ADUs. • Lot coverage and open space requirements must be waived if the proposed ADU meets the 4-foot side and rear yard setbacks, is 800 square feet or less, and is no more than 16 feet in height. • No additional setback is required for existing structure that is converted to an ADU.
Section 19.56.060 ADU Development Standards (continued) • Driveway Access – ADU must be served by the same driveway as the primary dwelling unit, unless the ADU has access from a public alley or is located on a corner lot for which secondary access is permitted. • Entrances – ADUs must have a separate entrance, but may also be served by a common entrance with the primary dwelling unit. • Replacing or Converting Existing Structures: • Existing structure can be converted to ADU regardless of whether it conforms to the current zoning requirements, including setbacks. • Existing structures can be demolished and replaced with an ADU in the same location and to the same dimensions as the demolished structure.
Section 19.56.070 ADU Design Standards • Design, colors, materials and textures of ADU must be similar to or compatible with the primary dwelling unit.
Section 19.56.080 ADU Parking Standards • 1 open (driveway) or enclosed space per Attached or Detached ADU. • None for Internal or Junior ADUs. • None for conversion of existing parking structures (garage) into ADU. • No parking is required in any of the following instances: • ADU is located within ½ mile walking distance of public transit (Metrolink). • ADU is located with an architecturally and historically significant district. • When there is a car share vehicle located within one block of the ADU. • When on-street parking permits are required but not offered to the occupant of the ADU.
Section 19.56.090 ADU Ownership & Occupancy • No owner-occupancy is required for the ADU or the primary dwelling unit if the ADU is approved between 1/1/2020 and 12/31/2024. • After January 1, 2025, applicants must occupy either the primary dwelling unit or the ADU. • If the ADU or primary dwelling unit is not occupied by the owner and is rented, the rental period must be longer than 30 consecutive days.
19.56.100 JADU Development Standards • Maximum size 500 square feet. • Must include an efficiency kitchen with a cooking facility and appliances (sink, refrigerator), food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the JADU. • May, but is not required to, include separate sanitation facilities from the primary dwelling unit. • JADU or the primary dwelling unit must be owner-occupied. A deed restriction must be recorded before occupancy and will be binding on all future owners of the property.
Section 19.56.110 Deed Restrictions • Homeowner must record a deed restriction that states: • ADU many not be used for short-term vacation rentals of 30 days or less. • ADU may not be sold separately from the primary dwelling unit.
Section 19.56.120 Conflicting Provisions • If any provisions of the Camarillo Municipal Code conflict with any provisions of this chapter, the provisions of this chapter will control. • If any provisions of this chapter conflict with any requirements of the state law, the state law will control to the extent legally required.
Suggested Action Adopt a resolution recommending approval to the City council of • the proposed ordinance amending and restating Chapter 19.56 of the Camarillo Municipal Code.
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