HomeMy Public PortalAbout13) 8A Appeal of Planning Commissions Decision to convert an unpermitted structure into an accessory dwelling unit - 5813 Myda AveAGENDA
ITEM B.A.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: July 3, 2018
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via : Michael D. Forbes, Community Development Director
Scott Reimers, Planning Manager
By: Adam Gulick, Associate Planner
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S DECISION THAT
DENIED A REQUEST TO CONVERT AN UNPERMITTED STRUCTURE
INTO AN ACCESSORY DWELLING UNIT (ADU) LOCATED AT 5813
MYDAAVENUE
RECOMMENDATION:
The City Council is requested to:
1. Open the public hearing;
2. Accept public testimony from the applicant and members of the public; and
3. Adopt Resolution No. 18-5341 (Attachment "A") denying File No. PL 17-879.
BACKGROUND:
1. On January 1, 2017, the state law pertaining to ADU's took effect. If a
jurisdiction's zoning code did not address the new ADU regulations, the
jurisdiction was required to review projects based on the state's revised ADU
development standards.
2 . On June 20, 2017, the City Council conducted a public hearing introducing and
adopting Ordinance No. 17 -1 022 (Attachment "B"), amending the City's Zoning
Code pertaining to the regulation of ADUs .
3. On July 5, 2017, the City Council conducted a second reading of Ordinance No.
17-1022.
City Coun cil
July 3, 2018
Page 2 of6
4 . On July 24 , 2017 , the applicant submitted a Zoning Clearance app lication to
convert an accessory structure to an ADU at 5813 Myda Avenue . Because the
application was submitted prior to the effective date of Ordinance No. 17-1022 , the
applicant sought to utilize the state 's ADU development standa rds . The appli cant
was informed that the state's ADU standards cou ld only be applied if the
application were deemed complete prior to August 4, 2017 , the effective date of
Ordinance No. 17-1022 .
5 . On August 4 , 2017 , Ordinance No . 17-1022 went into effect. ADU appl icat ions
submitted and deemed complete prior to this date are subject only to the state's
ADU standards in effect at that time , while applications submitted or deemed
complete on or after this date are subject to the stan d ards set fort h in Ordinance
No . 17-1022 .
6. On August 9, 2017 , the applicant was notified by planning staff that the application
was incomplete because the accessory structure was not e li gible for convers ion to
an ADU as proposed . Staff sought additional information from the appli cant about
how he wished to proceed with the project.
7 . On November 27, 2017 , planning staff sent the appli c ant an inactive letter
informing him that the project application remained incom p lete. Mo re than 90 days
had passed since the August 9 letter with no information having been rece ived
from the applicant to address the comments from that letter. The November 27
letter stated that if revised plans were not submitted within 30 days of the letter ,
the project app lication would be considered withdrawn .
8 . On December 8, 2017, the applicant sent an email stating that he did not agree
with staff's determination that the application was incomplete and wanted to keep
the application active . The applicant did not submit re vised plans . A se ri es of
emails were exchanged between planning staff and the app li cant in January 2018 .
9 . On January 18, 2018 , staff sent a letter to the app licant denying the application , as
submitted , because the application was incomplete and could not be approved as
proposed , and the applicant was unwilling to rev ise the appli cation .
10. On February 2 , 2018 , the applicant filed an appeal of the Community Development
Director's determination as stated in the January 18, 2018, letter. The appeal was
filed under Temple City Municipal Code Section 9-1 D-5 , w hich allow s the Planning
Commission to review the Director's determination of any ambiguity related to the
City's zoning regulations (Attachment "C").
11 . On April 10 , 2018 , the Planning Commission held a pub l ic hearing to consider the
appeal. The Plann ing Commission unanimously voted 3-0 (with Commissioners
Lee and O'Leary absent) to uphold the Community Deve lopment Director's
City Council
July 3 , 2018
Page 3 of 6
determination and deny the application (see Attachment "D" and "E" for the
Planning Commission staff report and minutes).
12 . On April 20, 2018, the applicant filed an appeal of the Planning Commission 's
decision (Attachment "F"). Per Section 9-1 E-4(D) of the Temple City Municipal
Code, the applicant has the right to appeal the Planning Commission 's decision
to the City Council.
13 . On June 25 , 2018 , the applicant/appellant submitted additional materials
(Attachment "G").
ANALYSIS:
Appeal
The applicant has filed an appeal of the Planning Commission 's decision to uphold the
Community Development Director's determination that den ied a Zon ing Clearance
applicat ion to convert an accessory structure to an ADU at 5813 Myda Avenue.
Project Description
The property is 50 feet wide and 115 feet deep with a land area of 5 ,750 square feet.
The property is improved with a 1 ,046-square-foot , single-story house that was
constructed in 1939 and a detached, 440-square-foot, two-car garage . Attached to the
garage is a 360 -square-foot storage room that was constructed illegally without a
permit. Planning staff determined that the storage room was constructed without
permits after review of the City's building permit records and the Los Angeles County
Tax Assessor records. See Figure 1 for an Aerial Photo of the property .
Figure 1: Aerial Photo
City Council
July 3, 2018
Page 4 of6
The City Council is requested to consider the following questions relating to the
applicant's appeal:
1. Is the accessory structure eligible for conversion to an ADU as requested in the
application?
2. Is the Community Development Director's determination that the application is
incomplete , appropriate?
1. Is the accessory structure eligible for conversion to an ADU?
No. If constructed as a new ADU, the accessory structure would not comply with
setbacks and other development standards. The applicant sought to apply a section of
the state ADU law that was in effect at the time he submitted his appl icat ion that a ll ows
for an "existing garage" to be converted to an ADU regardless of the set back. To be
eligible for conversion to an ADU as requested by the applicant , the structure must
qualify as an existing structure , and must qualify as a garage .
• The structure is not "existing." The accessory structure is not cons idered
"existing ", because it was constructed illegally without perm its . Benefits conferred
upon "ex isting " structures in building and zoning codes presume that the structure
was legal and permitted when originally constructed. Illegal structures are not
considered "ex isting " for this purpose and must be demolished or modified as
necessary to meet current building and zoning stan d ards .
• The structure is not a "garage." The property has a detached , two-car garage
that was built in 1939. The storage room proposed to be converted into an ADU
was illegally added to the detached garage without permits . The state ADU law
that the applicant seeks to apply to his project specifically refers to garages , and
not any other type of accessory structure.
The applicant provides a defin ition of "ex isting structure" in his appeal letter claim ing
that any structure , constructed with or without a permit, is eligible for conversion to an
ADU, regardless of setbacks , so long as building code standards are met. However, the
definition that is cited by the applicant does not state that an unpermitted structure can
be considered "ex isting ." Further, the definition provided is from a sample ord inance
that was prepared by the California Department of Housing and Community
Development (HCD) to assist cities with developing their own ADU regu lations . The
sample ordinance was not adopted by the legislature , is not referred to by the ADU law,
and is not an authoritative interpretation of the ADU law 's prov isions .
2. Is the Community Development Director's determ ination that the application is
incomplete, appropriate?
Yes. The applicant submitted his application for an ADU prior to the adoption of
Ordinance No . 17-1022 . To be processed unde r state law, the application had to be
deemed complete prior to August 4 , 2017. The applicant was notified by plann ing staff
City Council
July 3, 2018
Page 5 of6
that the application could not be deemed complete because the accessory structure
was illegally constructed without a permit and was not a garage , and therefore did not
qualify for conversion to an ADU under the state ADU law. The proposed ADU could
not be approved , so staff provided the applicant options for moving the project forward,
depending upon his goals for the project. Staff sought information from the applicant on
how he wished to proceed .
After three attempts to request additional information from the applicant, plann ing staff
denied the application because the proposed ADU did not comply with the state's ADU
law or the City 's Zoning Code. The Zoning Code does not have a mechanism to appeal
a decision regarding a Zoning Clearance application, so the applicant is appealing the
in itial determination that the application was incomplete and the basis upon wh ich that
determination was made . The Planning Commission unan imously (3-0 vote with
Commissioners Lee and O'Leary absent) upheld the Community Development
Director's determination that the application was incomplete and that the project be
denied because it did not comply with the state 's ADU law o r the City's Zoning Code .
Conclusion
The applicant has not provided any new information that changes the City's position on
this application . The state ADU law is clear in that it specifies that existing garages can
be converted with existing setbacks so long as they comp ly with building regulations .
The state ADU law in effect at the time the application was submitted did not address
the conversion of unpermitted structures, did not address the conversion of structures
other than garages, and did otherwise provide that the appl icant's structure could be
legally converted to an ADU . Since the structure is unpermitted, it must comply with
current building and zoning standards in the same manner as new construct ion ,
consistent with any other unpermitted structure .
CITY STRATEGIC GOALS:
Upholding the Planning Commission 's decision and denying the application will promote
the City 's Strategic Goals of Public Health and Safety and Quality of Life .
FISCAL IMPACT:
Approval of this item will not have an impact on the City 's budget.
City Council
July 3, 2018
Page 6 of6
ATTACHMENTS:
A. Resolution No . 18-5341
B. Ordinance 17-1022 , Accessory Dwelling Unit
C . Appeal Form of the Community Development Director's Determination
D. Planning Commission Staff Report and Attachments, April 10, 2018
E. Planning Commission Meeting Minutes of April10, 2018
F. Appeal Form of the Planning Commission's Decision
G. ApplicanUAppellant's Additional Materials
ATTACHMENT A
RESOLUTION NO. 18-5341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S
DETERMINATION TO DENY A ZONING CLEARANCE APPLICATION
FOR AN ACCESSORY DWELLING UNIT (ADU) AT 5813 MYDA
AVENUE.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE:
SECTION 1. The City Council has considered all of the evidence submitted into the
administrative record , which includes , but is not limited to :
1. Reports and presentation of project related data and analysis prepared by the
Community Development Department.
2 . The City of Temple City Municipal Code, and all other applicable regulations and
codes .
3 . Public comments, written and oral, received and/or subm itted at or prior to the
public hearing, supporting and/or opposing the applicant's request.
4. Testimony and/or comments from the applicant and its rep resentatives submitted
to the City in both written and oral form at or prior to the pub lic heari ng .
5. All related documents received and/or submitted at or prior to the public hearing .
SECTION 2. Based on the following prefacing facts as more fully set forth in the
administrative record, the City Council finds that:
1. On January 1, 2017, the state law pertaining to ADU 's took effect. If a
jurisdiction's zoning code did not address the new ADU regulations , the
jurisdiction was required to review projects based on the state 's revised ADU
development standards .
2. On February 28, 2017 , the Planning Commission recommended that the City
Council adopt Ordinance No . 17-1022 , bringing Temple City 's zoning ordinance
in to compliance with State law.
3. On April 18, 2017, the City Council held a noticed public hearing to discuss the
proposed ordinance . The City Council considered several changes to the
ordinan ce and directed that it be sent back to the Planning Comm ission for
additional review .
City Council of the City of Temple City
Resolution No . 18-5341
July 3, 2018
Page 2
4 . On May 9, 2017, the Planning Commission reviewed the proposed changes to
Ordinance No . 17-1022 and provided a recommendation to the City Council for
each proposed change. The Planning Commission recommended that the City
Council adopt Ordinance No . 17-1022, with proposed changes.
5. On June 20, 2017, the City Council conducted a public hearing introducing and
adopting Ordinance No. 17-1022, amending the City 's Zoning Code pertaining to
the regulation of ADUs .
6 . On July 5, 2017 , the City Council conducted a second reading of Ordinance No.
17-1022.
7 . On July 24, 2017, the applicant at 5813 Myda Avenue submitted a Zoning
Clearance application for a new ADU . Because the application was submitted
prior to the effective date of Ordinance No. 17-1022, the applicant sought to
utilize the state's ADU development standards.
8 . On August 4, 2017, Ordinance No. 17-1022 went into effect. ADU applications
submitted and deemed complete prior to this date were subject only to the state 's
ADU standards, while applications submitted or deemed complete on or after this
date are subject to the standards set forth in Ordinance No . 17-1022.
9 . On August 9, 2017, the applicant was notified by plann ing staff that the
application was incomplete because the accessory structure was not eligible for
conversion to an ADU as proposed. Staff sought additiona l information from the
applicant about how he wished to proceed with the project.
1 0. On November 27 , 2017 , planning staff sent the applicant an inactive letter
informing him that the project app li cation remained incomplete . More than 90
days had passed since the August 9 letter with no information having been
received from the app li cant to address the comments from that letter. The
November 27 letter stated that if revised plans were not submitted within 30 days
of the letter, the project application wou ld be cons idered withdrawn .
11 . On December 8, 2017, the applicant sent an email stating that he did not agree
with the staff's determination that the application was incomplete and wanted to
keep the application active . The applicant did not submit revised plans . A series
of emails were exchanged between planning staff and the applicant in January
2018.
12. On January 18, 2018 , the Planning Manager, with the approval of the Community
Development Director, sent a letter to the applicant denying the application , as
submitted , because the appl ication was incomplete and cou ld not be approved as
proposed , and the applicant was unwill i ng to revise the application.
City Council of the City of Temple City
Resolution No. 18-5341
July 3, 2018
Page 3
13 . On February 2 , 2018 , the applicant filed an appeal of the Community
Development Director's determination made in the January 18, 20 18 lette r, under
Temple City Municipal Code Section 9-1 D-5 , which allows the Planning
Commission to rev iew the Director's determination of any ambiguity related to the
City's zoning regulations . Specifically, the applicant contests responses one
through three of the letter.
14. On April 10 , 2018, the Planning Commission held a public hearing to consider the
appeal. The Planning Commission unanimously voted 3-0 (Commissioners Lee
and O'Leary were absent) to uphold the Community Development Director's
determination and deny the application .
15. On April 20 , 2018 , the applicant filed an appeal of the Plann i ng Commission 's
decision on April 10, 2018 . Per Section 9-1 E-4(D) of the Temple City Municipal
Code , the applicant has the right to appeal the Planning Commiss ion 's decision
to the City Council.
16 . The project site is zoned R-1 , Single-Family Residential.
17 . The project site is designated Low Density Residential by the General Plan .
SECTION 3. Accordingly , the City Council denies File PL 17-879 , a request for a zoning
clearance to convert a storage room into an ADU. After review of the City 's bu ilding
permit records and the Los Angeles Ta x Assessor records , plann ing staff determined
that the storage room was constructed without building permits and was not el ig ible to
be converted into an ADU. The State ADU law specifically refers to e xistin g garages
that are converted into an ADU . This structure is not a garage and it was not
constructed with a building pe rmit , so it is not considered ex isting and is not elig ible for
conversion to an ADU under the State ADU law. Staff not ifi ed the applicant that th e ir
proj e ct was incomplete due to t he storage room be ing an unpermitted structure and not
a garage . Since the project could not be approved as submitted , planning staff sought
additional information from the appli cant about how he wished to move forward with the
project. After three attempts of requ esting additional information from the appli c ant,
planning staff denied the application because the proposed ADU did not comply with the
State's ADU law or the City's Zoning Code .
SECTION 4. The City Clerk shall certify to the adoption of this Resol ut ion .
City Council of the City of Temple City
Resolution No. 18-5341
July 3, 20 18
PASSED, APPROVED AND ADOPTED THIS JRD DAY OF JULY, 2018.
MAYOR
ATTEST:
CITY CLERK
Page 4
I hereby certify that the foregoing Resolution, Resolution No. 18-5341, was adopted by the
City Council of the City of Temple City at a regular meeting held on the 3 rd of July , 2018,
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
RECUSED : Council Members:
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ATTACHMENT B
ORDINANCE NO. 17-1022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9 , CHAPTER 1
OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO
THE REGULATION OF ACCESSORY DWELLING UNITS AND
AMENDING TITLES 5 AND 9 OF THE TEMPLE CITY
MUNICIPAL CODE TO MAKE ADMINISTRATIVE CHANGES
WHEREAS, The City of Temple City ("City") has adopted a General Plan to ensure a well-
planned and safe community; and
WHEREAS, Protection of public health , safety, and welfare is fully articulated in the
General Plan ; and
WHEREAS, State law requires that the City's zoning ordinance, found at Title 9, Chapter 1
of the Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and policies ;
and
WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it into
conformity with State law and to address public health, safety, and welfare concerns that have
arisen since the last update of the ordinance; and
WHEREAS, Assembly Bill 2299 and Senate Bill 1069 amended California Government
Code Sections 65852 .1 and 65852 .2 pertaining to accessory dwe ll ing units and authorizes local
agencies to adopt an ordinance that complies with the new standards; and
WHEREAS, the City currently regulates adult-oriented bus inesses and th is Ordinance
further makes administrative and non-substantive changes to certain adult-oriented business
provisions solely for the purpose of reorganizing the TCMC; and
WHEREAS, On April 18, 2017 and June 20 , 2017, the City Council held noticed public
hearings and on June 20, 2017 , introduced for first reading by title on ly Ordinance No . 17-1022,
amending Title 9, Chapter 1 of the Temple City Municipal Code Pertaining to the Regulation of
Accessory Dwelling Units ; waived further reading ; and scheduled a second reading and adoption
of the ordinance for July 5, 2017.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: The definition of "SECOND UNIT" in Section 9-1A-9 of the TCMC is hereby
amended to read as follows , and the definition is relocated with in the section to mainta in
alphabetical order.
SeGGNQ-.YNI-l-Accessory Dwelling Unit: AA--attaGJ::leG--eF-GetaGJ::leG-residential dwelling unit that
may be attached to the main dwelling, located within the living area of the main dwelling. or
detached from the main dwelling. which provides complete independent living facilities for one
or more persons . It sf\aU must include permanent provisions for living, sl eeping, eating , cooking
and sanitation, and be located on the same parcel as a single-fam ily dwelling .
Ordinance No . 17-1022
Page 2 of 5
SECTION 2: The definition of "GUESTHOUSE" in Section 9-1A-9 of the TCMC is hereby deleted I
in its entirety.
SECTION 3: Section 9-1 E-1.8 of the TCMC (Minor Site Plan Review) is hereby amended to read
as follows:
1. New two-story single-family residences or additions above the f irst story to a s ingle-family
residence that are not part of an accessory dwelling unit;
SECTION 4: Section 9-1E-7.C of the TCMC (Zoning Clearance) is hereby amended to read as
follows:
C . Applicability: Zoning clearances are not considered discretionary for purposes of the
California Environmental Quality Act (CEQA). A zoning clearance shall be required at the t ime
of department review of any building, grading or other constructi on permit, or other authorization
required by this zoning code for the proposed use . The following construction is subject to a
zoning clearance:
1. All single-story, new, single-family residences;
2 . Single-story additions to single-family residences;
3 . Single-story accessory structures;
4. Accessory dwelling units including second story units:
5 . 4.-All fences and walls;
§.,&..All pools, spas, and their related equipment;
L 9,--AII residential patio covers;
!L ~Any proposed demolition, where new construction is not proposed ; I
~. 8. All commercial, industrial , mixed use, and institutional tenant improvements , provided no
exterior changes are proposed ;
10.9 Any other construction that requires a building permit but does not require a major or minor
site plan review.
SECTION 5: Section 9-1F-10. of the TCMC (Conditional Use Permit) is hereby amended to
exempt accessory dwelling units from requiring a conditional use permit. The remaining items in
the list are not amended.
A. Any detached accessory building . except for an accessory dwelling unit. over five hundred
(500) square feet in size. GF-WAene.veF-tflere is mere-tAa!Hive-l=umeretl-{aQQ}-s~lolaFe-feet-ef
ascessery blolileing space en a lot, wAetAer-ifH}ne buileing or multiple bu ileings.
SECTION 6: Section 9-1J-2 of the TCMC (Parking Spaces Required) applicable to "Second Unit"
and "Guesthouse" uses are hereby amended to read in part as follows . The remaining rows of the
table are not amended.
9-1J-2: PARKING SPACES REQUIRED:
The off street parking spaces required for each use permitted by this chapter, shall be not less
than the following, provided that in no case shall there be less than three (3) spaces per
commercial or manufacturing unit and further provided that any fractional parking space shall be
computed as a whole : I
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Ordinance No. 17-1022
Page 3 of 5
Use
Accessor~ Dwelling Unit
SeseAtHffi+t
Gt~est.Ret~se
I Number of Off Street Parking Spaces Required
2 parkiAg-sf}aces,eaGI:H;)f which shaU-be-4A a garag~ia
f}arkiflg-may-be-iA-taAEiem-:-See Section 9-1 T -1 0 .
~arkiAg-spaces,eaci:l-Gf-wAicR-shaU-be-4A a garag&.-Saia
f*ifkjng-may-be-iA-taAGeJ.lh-
SECTION 7: Section 9-1M-10.B (Zone R-1 Permitted Uses) of the TCMC is hereby amended to
add the following as an accessory use:
Accessory Dwelling Units subject to the requirements of Section 9-1T-10.
SECTION 8: Section 9-1M-11 .B (Zone R-1 Limitations of Uses) of the TCMC is hereby amended
to read as follows:
Accessory Structures: Accessory structures must be limited to one per lot, including accessory
dwelling units, poo l houses , workshops, shed, and the like, but not inclu ding required garages . On
lots improved with a main dwelling that is greater than or equal to 1,280 square feet, the maximum
area for accessory structures on a lot-excluding required parking -m ust not exceed 1,800 square
feet or 50 percent of the living area of the main dwelling, whichever is smaller. On lots improved
with a main dwelling that is less than 1.280 square feet, the maximum area for all accessory
structures on a lot -excluding required parking-must not exceed 640 square feet.
SECTION 9: Section 9-1M-20 .A (Zone R-2 Permitted Uses) of the TCMC is hereby replaced to
read as follows .
3. Accessory dwelling units are permitted as set forth in Section 9-1T-10 .
SECTION 10 : Section 9-1M-30.A.2.c (Zone R-3 Permitted Uses) of the TCMC is amended as
follows :
c . Accessory dwelling units are permitted as set forth in Section 9-1T-10 of this article .
SECTION 11 : A new Section 10, entitled Accessory Dwelling Units, is hereby added to Title 9,
Chapter 1, Article T of the TCMC, as set forth in Exhibit "A" to this ordinance, which is incorporated
herein by reference .
SECTION 12: Section 9-1T-3 of the TCMC is hereby re-numbered to read as follows :
• Subsections· A through R under Section 9-1 T -3 shall be made subsections of a new section
9-1T-3 .A (Findings) and shall be relabeled as subsections 1 through 18.
• Existing section 9-1T-3.1 sha ll become 9-1T-3.B
• Existing section 9-1T-3.2 sha ll become 9-1T-3.C
• Existing section 9-1T-3.3 sha ll become 9-1T-3.D
• Existing section 9-1T-3.4 shall become 9-1T-3.E
• Existing section 9-1T-3.5 sha ll become 9-1T-3.F
Ordinance No . 17-1022
Page 4 of 5
All subsections under 9-1 T -3 shall be relabeled appropriate ly -existing letters A through Z
shall become 1 through 26; 1 through 26 shall become a through z.
SECTION 13: Sections 9-1T-3.6 through 9-1 T-3.29 inclusive are hereby rel ocated to Title 5,
Chapter 2 . A new Article F is hereby added to Title 5, Chapter 2. All subsections under 5-2F shall
be relabeled appropriately -existing letters A through Z shall become 1 through 26; 1 through 25
shall become a through z; a through z shall become i through x.
SECTION 14: Projects that have been submitted , but not deemed complete , prior to the effective
of this Ordinance shall comply with the provisions of this Ord in ance. Th is Ordinance does not
apply to projects deemed complete prior to the effective date of this Ord in ance.
SECTION 15: The City Council hereby declares that , should any provision, section, subsection,
paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or
declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or
by reason of any preemptive legislation, such decision or action shall not affect the validity of the
remaining section or portions of the Ordinance or part thereof. The City Council hereby declares
that it would have independently adopted the remaining provisions, sections, subsections,
paragraphs , sentences, clauses , phrases, or words of this Ordinance irrespective of the fact that
any one or more provisions , sections, subsections, paragraphs, sentences, clauses , phrases, or
words· may be declared invalid or unconstitutional.
SECTION 16: The City Council finds that this Ordinance is not subject to enviro nmental review
under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section
15305 pertaining to minor alterations to land use limitations and Section 15061 (b)(3) because it
can be seen with certainty that the Ordinance has no possibi lity of a significant effect on the
environment.
SECTION 17: The City Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be publ ished acco rding to law.
PASSED, APPROVED, AND ADOPTED this 5th day of July, 2017 .
ATIEST: APPROVED AS T
p.enn,y ~
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Ord inance No . 17-1022
Page 5 of 5
I, Peggy Kuo , City Clerk of the City of Temple City , hereby certify that the foregoing Ordinance No .
17-1022 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 20 th day of June, 2017 , and was duly passed , approved and adopted by said Coun cil at the
regular meet ing held on 5th day of July, 2017 by the following vote :
AYES :
NOES:
ABSENT:
ABSTAIN :
Councilmember-Chavez, Fish, Yu, Man, Sternqu ist
Councilmember -None
Councilmember-None
Councilmember-None
PY~n= JLvvo
Peggy Kuo , City Clerk
EXHIBIT A
A new Section 10 is hereby added to Article T of Chapte r 1 of Title 9 of the Temple City
Municipal Code, to read as follows :
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ARTICLE T. SPECIAL USES
SECTION 10. ACCESSORY DWELLING UNITS
A. Applicability: Accessory dwelling units will be permitted in all residential zones subject to the
requirements of this Section .
B. Development Standards :
1. Any accessory dwelling unit , whether attached, detached, or located w ith in an existing
dwelling is calculated toward the maximum permitted floor area ratio and lot coverage.
Construction must be in full compliance with all applicable zoning criteria found in Article
M (Residential Districts), except as modified by this Section.
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2 . The lot on which the accessory dwelling unit is located must be improved with one I
single-family dwelling . An accessory dwelling unit is not allowed on lots with more than
one single family dwelling , multifamily dwellings , an existing accessory dwelling unit, or
other nonconforming uses .
3. The single-family dwelling will be owner occupied .
4. The accessory dwelling unit may not be sold separately from the single-family dwelling,
but may be rented for periods of not less than 30 days .
5 . An accessory dwelling unit may be detached, attached , or located within the living area
of the main dwelling or another accessory structure.
a . If the accessory dwelling unit is detached, it must comply with the size l imitations for
accessory structures in Section 9-1 M-11 and must not exceed 1,200 square feet and
must be single-story. The maximum height of the structure must not exceed 18 feet ,
measured from the natural grade to the highest roof ridge or parapet. The height of
the top plate must not exceed nine feet.
b. If the acce ssory dwelling unit is attached or located within the ma in dwelling, it must
not exceed a size equal to 50 perce nt of the main dwelling , with a maxi mum floor
area of 1,200 square feet.
6 . All accessory dwelling units must be located on the rear 50 percent of the lot. I
I
I
I
Ordinance No . 17-1022
Exhibit A
Page 2 of 3
7. The minimum side yard setback for a newly constructed detached accessory dwelling
unit is five feet.
8 . The minimum rear yard setback for a newly constructed detached accessory dwelling
unit is 1 0 feet.
9. The existing side and rear yard setback may be maintained for an ex isting garage or
other permitted existing accessory structure that is converted to an accessory dwelling
unit.
10 . An addition to a legally non-conforming accessory structure for the purpose of creating
an accessory dwelling unit shall comply with the provisions found in Section 9-1 H-8
(Additions to Nonconforming Structures).
11 . The accessory dwelling unit may share utility connections and meters w ith the ma i n
dwelling, or may be separately connected and metered . Ut ilities must be upgraded as
deemed necessary by the Building Official to comply with the appl icable codes , including
but not limited to sewer laterals, electrical service panels, and water service .
12 . Accessory dwelling units are subject to park construction fees per Section 9-5-2 .
C . Parking Requirements:
1. Detached accessory dwelling units will provide one parking space per bedroom. The
following standards will apply :
a. Parking may be in tandem in a structure or on a driveway .
b. It may be located in the side and rear setback areas when a f ive -foot landscaped
buffer is provided between the nearest property line and the parking area.
c. The required parking for a detached accessory dwelling unit must be independent
from required parking for the existing main dwelling and must not block access to the
required parking for the main dwelling.
2 . Accessory dwelling units attached to, or located within the main dwelling , or an
accessory structure legally constructed prior to the adoption of this code do not require
parking .
3. When a garage or carport is converted or demolished in conjunction with the
construction of an accessory dwelling unit, the replacement spaces may be located in
any configuration on the same lot, including, but not limited to, as covered spaces ,
uncovered spaces, or tandem spaces, or by the use of mechan ical automobile parking
lifts .
4. No parking is required for a detached or attached accessory dwelling un it in any of the
following circumstances :
Ordinance No . 17 -1022
Exhibit A
Page 3 of 3
a. The accessory dwelling unit is located within one-half mile of a park and ride fa cil ity or I
·a bus stop, which operates regularly with headways of fifteen minutes or less.
b. The accessory dwelling unit is located within a designated historic district .
c. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
d. When there is a car share vehicle hub or pick-up location located within one block of
the accessory dwelling unit.
D. Design Standards: The following design standards will apply to all accessory dwelling units:
1. The doors to all accessory dwelling units must not be visib le from the pub lic right-of-way .
If the accessory dwelling unit is located on the second floor of the main dwelling, the
stairs leading to the unit must be located on the interior of the structure.
2 . All attached and detached accessory dwelling units must have 15-gallon hedges planted
5 feet on center along the side and rear property lines nearest the str ucture. Th is is not
required for the conversion of an existing structure to an ADU if the setbacks are less
than five feet.
3. An attached and detached accessory dwelling units must have a v iew obscuring si x-foot
high wall or fence in good repair along the side and rear property lines nearest the I
accessory dwelling units.
4 . There must be a minimum of 400 square feet of open space for the accessory dwelling
unit with dimensions of no less than 10 feet. The open space w ill be access ible to the
accessory dwelling unit. Features such as landscape and hardscape materials , swales ,
mounds , and garden walls will be used to create open space that is distin ct from other
areas and uses on the lot .
5 . There must be a minimum building separation of ten feet (measured eave to eave) from
any other buildings on the lot and a five-foot distance from pools , spas, or the like .
6 . All accessory dwelling units must be consistent with the architectural style of the ma in
dwelling including but not limited to the roof pitch, articu lation , window size, proportion of
window units to wall size, direction of opening, muntin pattern, exterior building
materials, lighting fixtures , garage door design , and paint colors.
I
ATTACHMENT C
City of Temple City
APPEAL FORM
APPEAL OF A PLANNING COMM I SSION OR COMMUN I TY DEVE L OPMENT
DIRECTOR DECIS ION
APPELLANT INFORMATION:
Name: R 1Ck kuo
Address: :;: 8' I 3 /Z'?'vc/a d ve
·7--e~zde C!-lf/ C:/f ?/?'G-t?
Phone : 6 "2--6 -2/.5""-6? //8-E-mail:
APPEAL TYPE:
0 Appeal of Planning Commission decision
~/ Appea l of Community Development Director decision
PROJECT INFORMATION:
Project Type: Z#.v!N~ 0~ Proje~t No.:. /?L //.-£17 f
ProjectAddress : S'&ll.2 Hya4 rtt/C:: U/11&?(0 C/Y¥;· CA ?/?If?"?
t .
REASON FOR APPEAL:
State the reason or reasons why you are appealing the decision. Please be specific. Attach s_ep~rate pages, if
necessary. , , ·;: •·
~~~-~~~ --f'2~ Ccan.:~~ ,
APPELANT SIGNATURE:
FOR OFFICIAL USE ONLY
Staff Name: ---4-Jct....u.o<ii~..<-+-----Receipt No.: ~4B'fjlf Date: t /'hjt ?z
ATTACHMENT D
City of Temple City
Planning Commission
Staff Report
April 10, 2018
Fl LE: PL 17 -879
ADDRESS: 5813 Myda Avenue
DESCRIPTION: An appea l of the Community Development Director's determination that
a Zon ing Clearance application to convert an accessory structure into an
accessory dwelling unit (ADU) is incomplete because the project as
proposed does not comply with state ADU law or the Temple Ci t y
Municipal Code.
APPLICANT: Rick Kuo, Applicant
PROJECT PLANNER: Adam Gulick, Associate Planner
ENVIRONMENTAL REVIEW: This project i s exempt from the California Envi ronmental Quali t y Act
(CEQA) pursuant to Sect ions 1536 9 (Ministerial Project) and 15303 (new
construction or convers ion of small structures such as ADUs ) of t he
California CEQA Guidelines.
RECOMMENDATION: Adopt the attached Reso lution upholding the Commun ity Development
Director's determination regarding the applicability of development
sta ndards to a proposed ADU.
SUMMARY:
The applicant has appealed the Community Development Director's determination that a Zoning
Clearance application to convert an accessory structure into an ADU is incomplete because the structure
is not eligible for co nversion to an ADU as proposed in the application. In reviewing the application, staff
identified and analyzed the following iss ues:
• Applicability of development sta ndards, based o n the timing of the submittal
• Eligibility of the accessory structure to be converted to an ADU
April 10, 2018 Pl anni ng Commission Meeting
581 3 Myda Avenu e
File: PL 17-879
EXISTING CONDITIONS:
Cross Streets Hermosa Drive
General Plan Designation Low Density Residential
Zoning R-1 , Si ng le-Family Residential
Property Dimensions and Size 50 f ee t w id e by 11 5 feet deep
5,750 sq uare feet
Current Use & Square Footage Sing le-family residence with a detached two-car garage with an
ill egally const ru cted room
Existing Entitlements None
Existing Easements N ot App li cable
Street Classification and Width Local street w ith 30 feet of roadway
Surrounding North R-1, Single-Fami ly Residentia l
Neighborhood
South R-1, Sing le-Fam il y Residential
East R-1, Sing le-Famil y Residential
West R-3, Multi-Family Res id ential
BACKGROUND:
1. On Jan uary 1, 2017, th e state law pertaining to ADU's took effect. If a j urisd iction's zon i ng code did
not ad dress the new ADU regulations, th e jurisdiction was required to rev iew projects based on the
state's revised ADU development standards .
2. On February 28, 2017, the Planning Commission recommended t hat the Cit y Cou ncil adopt Ordinance
No. 17-1022, bringing Temple City's zoni ng o rdin ance in to comp li ance w it h State law.
3. On Apri l 18, 2017, the City Co u ncil held a noticed public hearing to dis cuss the proposed o r d inance.
Th e Ci t y Co u nci l cons idered seve ral changes to the ordina nce and di rected t hat it be sent back to t he
Plann ing Comm iss ion for additio nal review.
Page 2
April 10, 2018 Planning Commission Meet ing
5813 Myda Ave nue
Fi le: PL 17-879
4. On May 9, 20 17, t he Pl anning Co mmiss ion reviewed the pro p osed changes t o Ord inance No. 17-1022
an d provi d ed a reco mmen d ati o n t o t he Ci t y Co uncil for each proposed change . The Plan ning
Com m iss io n reco mmen d ed t hat t he City Cou nci l adopt O rd inance No. 17-1022, w ith p roposed
cha nges .
5. O n Jun e 20, 201 7, the City Co un ci l co nd ucte d a publi c he aring introducing and adopting Ord i nance
No. 17-1022, amen ding th e City's Zo nin g Code p ertaini ng to th e reg ul ation o f ADUs.
6. On Ju ly 5, 20 17, t he City Co un ci l co nduct ed a seco nd read in g of Ordinance No. 17-1022.
7. On Ju ly 24, 20 17, th e applica nt at 58 13 Myda Avenue subm itted a Zoning Cl earance app li cation for a
new ADU. Beca use the ap pl ication was subm itted p ri o r to the effective date of Ordinance No. 17 -
1022, t he ap pli can t soug ht t o ut il ize t he st ate's ADU develop me nt stan dards.
8. On Augus t 4, 20 17, Ord in ance No. 17-1022 we nt into eff ect. A DU appl icat ions su bmitted and deemed
co m plete p ri o r t o thi s dat e were subject o nly t o th e sta te's AD U standards, wh i le ap pl ica t ions
sub mitted o r dee m ed co mpl et e o n o r after t hi s d at e are su bj ect to t he st anda rds set fo rth in
Ord inan ce No. 17 -10 22 (Attachm ent 3).
9. O n Aug ust 9, 201 7, th e ap pli ca nt was notifi ed by p lanning st aff th at the appl ica t io n was inco m p lete
because the accesso ry stru cture was no t el ig ib le for co nve rsi on to an ADU as p roposed (Attachme nt
4). Staff so ugh t ad diti ona l in for ma tion from the app licant about how he wis hed to proceed with the
p roj ect.
10. On November 27, 2017, plan ni ng sta ff sen t t he app li ca nt an inact ive letter informing him t hat t he
p roject ap plica t io n remai ned incomplet e (Attac hme nt 5). M o re t han 90 days had passed si nce t he
Aug ust 9 le tter with no inf o rmat ion havi ng bee n rece ived fro m the applica nt to address t he comme nts
from t hat l etter. Th e Novem be r 27 le tter st ated t hat if revise d pl ans were not su bm itted within 30
days of th e letter, th e p roj ect ap plicatio n wo ul d be co nsidered withd raw n.
11 . On Dece mber 8, 20 17, th e app lica nt se nt an e mail sta t ing t hat he did no t ag ree with t he sta f f's
d et ermin ati o n th at th e appli ca ti o n was in co m pl et e and w anted t o kee p t he appl ica t ion ac ti ve. Th e
app lica nt d id not subm it rev ise d plans. A se ri es of em ail s w ere exc hanged be t ween plan ning staff
and t he appli ca nt in Janua ry 20 18.
12. On Ja nu ary 18, 20 18, t he Plan nin g Manager, with t he approva l o f the Community Developme nt
Director, sent a l etter t o th e applica nt denying t he appl ication, as submitted, because the app lication
was i ncomp lete an d could not be approved as proposed, and t he applican t was unwill i ng to revise
the app lica ti o n.
13. On Fe bru ary 2, 201 8, the appl i ca nt f iled an ap p ea l of the Com m uni ty Development Di rector's
de t erm i na ti o n made in th e Janu ary 18, 2018 letter, u nder Te mple City M u nicipal Code Sect ion 9 -1 D-
Page 3
April10, 2018 Plan n ing Co mmission Meeting
5813 Myda Avenue
File: PL 17-879
5, which all ows the Planning Commission to review the Director's determination of any ambiguity
related to the Ci t y's zoning regu latio ns (Attachment 6). Specifically, the applicant contests responses
1 throug h 3 of the letter.
PROPOSED PROJECT INFORMATION:
Project De scr iptio n
The property is 50 feet wide and 115 feet deep with a land area of 5,750 squa re feet. The property is
improved w ith a 1,046-s quare-foot, si ngle-story house that was constructed in 1939 and a detached, 440-
square-foot, t wo-ca r ga rage. Atta ched to the garage is a 360-square-foot storage room that was
constructed ill ega ll y w ithout a permit. See Fig u re 1 for an Aerial Photo of the property.
Figure 1: Aerial Photo
ANALYSIS:
In re v iewin g this application and deciding whether to approve the project, t he Plan ning Commission
must weigh th e f o ll owing questions.
1. Is the accessory structure eligibl e for conversion to an ADU as requested in the application?
2. Is the Communi ty Development Director's determ in atio n that the appl icatio n is incomplete,
appropriate?
Th e following is staff's analysis of eac h of the above questions.
1. Is the accessory structure eligible for conversion to an ADU?
No. The accessory structure wou ld not comply with setbac ks and other requirements if built as a new
ADU. The applicant is seeki ng to apply a section of the Sta t e ADU law that was in effect at the time he
submitted the application that al lows for an "existing garage" to be converted t o an ADU regardless of
Page 4
April 10, 20 18 Plann ing Commission Meeting
5813 Myda Avenue
Fi le: PL 17-879
the se tba ck. Th erefore, to be eligible for convers ion to an ADU, the structure must qualify as an existing
st ructure, and mu st qualify as a garage. Staff's analysi s of these two p oint s is as follows.
• The structure is not "existing." The ac cessory structure was construct ed ill ega ll y without a
permit and therefore is not cons idered "exist in g." Benefits co nferred upon "existing " structu res
in building and zoning codes presume that the structure was lega l and pe rmitted when originally
built. Illegal structures are not considered "existing" for this purpose and must be demo lished or
modified as necessary to meet curren t building and zoning co de standards.
• The structure is not a "garage." A two-car d etached ga rag e is located on the property. The
accessory structure proposed for co nversion to an ADU is a sto rage room t ha t was l ater illegally
added on to the garage. The State ADU law that the applicant see ks to apply to hi s proj ec t
specifically refers to garages, and not to any other type of accessory structure.
The applicant provides a definition of "existing structure" in his appeal letter claiming that any structure,
co nstru ct ed w ith a permit or not, is elig ible to retain the existi ng setbacks. However, the definition cited
by the applicant refers only to zoning code compliance and does not state that a structu re can be
co nsidered "exi sting" even if it was co nstructed without a buildi ng permit. Further, th e appl ica nt's
definition is from a sa mple ordinance that was prepared by the California Department of Housing and
Community Development (HCD) to help cities draft their own regulat io ns. The sa mple o rd inance was not
adopted by th e legisl ature, is not referred to by the ADU law, and HCD was not instructed to deve lop it
by the l egis lature to assist in the interpretation of the law 's provi sions. And finally, the applicant does not
acknowledge that the State la w only refers to garages and not storage rooms or other accessory
structures .
2. Is the Community Deve lopment Director's determination that th e app licati o n is incomp le te,
approp riate ?
The applicant submitted his application for an ADU prior to the adoption of Ordinance No. 17 -1022. To
be proce ssed under State Law, the appl icat io n wou ld need to be deemed complete p rior to August 4,
2017. The applicant was notified by planning staff that the application could not be deemed complet e
because the accessory structure was illegally constructed w ith o ut a perm it and was not a garage, and
therefore did not qualify for conversion to an ADU under the State ADU law. Th e proj ect as subm itted
could not be approved. Staff provided the applicant options for movin g the project f orwa rd, depending
upon his goals for the project. The app li cation could not be proces sed as su bmitted, and staff so ught
information from t he applicant on how he w ished to proceed.
After three attempts o f requ es ting additional inf ormation from the applicant, p lan ning staff den ied the
application because th e proposed ADU did not comp ly with the State 's ADU law or the Cit y's Zoning
Code. The Zon ing Code does not have a mechanism to appeal a decision rega rding a Zon ing Clearance
applicati on, so th e applicant is appea li ng the initial determination that the application was incom plete
and the basis upon which that determination was made .
Pag e 5
April 10, 2018 Planning Commission Meeting
5813 Myda Ave n ue
File: PL 17-879
Su m mary
The applicant continues to focus on his argu ment that the application should have been deemed
co m plete prior t o the effective date of Ordi nance No. 17 -1022 and therefore should be subject to the
St ate's A DU law. Howeve r, t he p ro p osed proj ect does not co m p ly with the St ate's ADU law and therefore
co uld not be processe d as su bmitted and was deeme d incompl ete . Staff repea t ed ly soug ht add itional
info rmati o n fro m the appli ca nt regardin g o ther o ptio ns f o r moving t he project for ward, but add itional
inform at ion was never p rovided. Since th e applican t was unwill ing to prov ide add itional information o r
revise t he appl i ca ti on, it was ultimately den ied.
FINDINGS:
Sec tion 9-1 D-5 o f th e Tem pl e City M un icipal Code req uires t he Plann ing Commission to adopt a
reso luti o n w hen a Det erm in ati o n or Interpretati o n is appea led. Attac hm ent 1 inclu d es the proposed
Reso lutio n.
ENVIRONMENTAL REVIEW:
This project is exempt f o r t he Californi a Env ironmental Qua lit y Act (CEQA) purs uant to Sections 15369
(M ini st e ria l Decisio ns) and 15303 (decis io ns co ncerning new o r conversio n of small struct ures, includi ng
access ory d we lling uni ts) o f t he Ca lifo rni a CEQA Gu ide li nes.
RECOMMENDATION:
Adopt the attached Reso lut ion fo r Fi le 17-879 finding tha t the project is exempt from CEQA and
uphold i ng th e Com mun ity Developme nt Di rec t o r's determi natio n.
ATTACHMENTS:
1. Plannin g Com mi ss io n Reso lu t ion
2. Appea l Form and Attac hme nts
3. Ordinance No. 17 -1 022
4. Plan ni ng Comment Letter dated August 9, 2017
5. Incomplete Letter da ted Novembe r 27, 2017
6. Den ial Letter da t ed Janu ary 18, 20 18
Page 6
ATTACHMENT 1 g
PLANNING COMMISSION RESOLUTION.
ATTACHMENT D-1
City of Temple City
Resolution 18 -25 PC
Fi le PL 17-879
Add ress: 5813 M yda Ave nu e
RESOLU T ION OF THE TEMPLE CIT Y PL A NNING COM M ISS ION U PH O LDING TH E
COMMUNITY DEVELOPMENT DIR EC TO R'S DETERMIN A TIO N THA T THE ZO NI N G
CLE A RANCE APPLICATION FO R AN AC CESSORY DWE LLING U NIT WAS N OT
CO MPLETE A ND DID N O T CO MPLY WITH THE STA TE LAW A ND CIT Y'S
DE V ELO PMENT STANDA RD S PERTA INING TO AC CES SOR Y DWEL LIN G U N ITS.
SECTION 1. Th e Pl a nning Co m m i ss i o n has co n si d ered all of t h e evidence su b mitt ed i nt o
th e ad m ini strative reco rd w hic h includ es b ut is n o t limited to:
1. Reports and prese ntati ons o f p roj ec t r elat e d data a nd a n alysis prepa red by t h e
Co mmunity Development D e p artme nt; a nd
2. Th e Temple City Municipa l Co d e, Ge n e ral Plan , Subdivis i o n Ma p Act, and al l o t he r
applicable regul ation s a nd codes; and
3. Publi c comme nts, both w ritte n and o ral, rece ive d o r su bmitted at o r p r i or t o t h e
public h ea ring; a nd
4. Tes tim o ny a nd co mme nts subm itted by t h e ap p lica nt and represen t atives i n both
written and o ral fo rm at or p ri o r t o th e public h ea ri ng; and
5. A ll o the r re l ated d ocum e nts received o r su b mitte d at o r p ri or t o t he p ublic heari n g.
SECTION 2 . Thi s res olutio n i s m ade w ith refere n ce t o the f o ll owing pref ac in g fact s as
m o re fully set fo rth in the ad ministrative reco rd:
1. On Janu ary 1, 2017, t he st ate law pertai ni ng to AD U's took effec t. If a jurisd ict io n's zo ni ng
code d id not ad d ress th e new AD U regu lati ons, th e j urisd ictio n was req uired to review project s
base d on t he sta t e's rev ised ADU deve lopment st andards.
2. On Feb ru ary 28, 20 17, t he Plan ning Commission recommended t hat the City Council adopt
Ordi nance No. 17-10 22, b ri nging Temp le City's zoni ng ordinance i n to compliance with State
law.
3. On Ap ril 18, 201 7, t he City Co u nci l held a not iced pu bli c hearing to d iscuss the propose d
ordi nance. The City Coun ci l co nsidered severa l changes t o t he ordi nance an d d irected t hat it
be se nt b ack t o t he Plannin g Co mmi ss io n f o r add iti o nal rev iew.
Resolutio n No. 18-25_ PC
PL 17-879
58 13 Myd a Avenue
Page 2 o f 4
4. On M ay 9, 2017, t he Planning Commiss ion rev iewed the proposed changes to Ordinance No.
17-10 22 and provided a rec o mm e nd ati o n to the City Counci l f o r eac h proposed change. The
Planning Commission re co mm end ed that the City Council adopt Ordinance No. 17-1022, with
proposed changes.
5. On Jun e 20, 2017 , the City Co un ci l co ndu cted a publi c hea rin g i ntroducing and ad opt ing
Ordinance No. 17-1022, amend in g the Ci t y's Zoning Code pertaining to t he regu latio n of
AD Us.
6. On July 5, 2017, the City Counci l co ndu cted a secon d readin g of Ordinance No. 17-1022.
7. On Jul y 24, 2017, the ap pli cant at 5813 Myda Avenue submitted a Zo ning Clearance
applica t ion f or a ne w ADU . Because the app lication was submitted p rior to the effective date
of Ordin ance N o. 17-1022, the applica nt sought to utili ze the state's ADU development
st and ar ds .
8. On August 4, 2017, Ordinance No. 17 -10 22 went into effect. ADU ap pl ica t ions submi tted and
d ee m ed co mplete prior to this date were subj ect on ly t o th e sta t e's ADU st and ards, wh il e
appli ca ti o ns submitted o r deemed co mplete on or after this date are subject to the st andards
set forth in Ordinance No. 17 -10 22 (Attachment 3).
9. On August 9, 20 17, the appl icant was notified by p lan ni ng staff that the application was
incomp lete because t he accessory str uct ure was not el igible for conversion to an ADU as
proposed (Attach ment 4). Sta f f sought addi t ional information from t he applicant about how
he wished to proceed w it h t he project.
10. On Nove m be r 27, 20 17, p lanning staff se nt t he app li ca nt an inactive letter informing him that
t he project application rema ined incomplete (Attac hm en t 5). More t han 90 days had passed
si nce th e Aug ust 9 letter with no info rm atio n hav ing been received from t he app li cant to
address the co mm ents fro m that letter. Th e November 27 l etter stated th at if revised p lans
were no t submitted within 30 days of th e letter, the project ap pli cat io n woul d be cons idered
w ithdrawn.
11 . On December 8, 20 17, the appli cant sent an ema il statin g that he did not agree with the st aff's
de t ermination that th e appl ica ti on was incomplete and wanted to keep the application active.
The applica nt did not submit revised p lans. A series of emails were exchanged between
pla nning staff and the applicant in January 20 18.
12. On Jan uary 18, 2018, the Plannin g Manager, with t he approva l of the Community
Development Dire ct or, se nt a lette r to the applicant denying t he appl icat ion, as submitted,
because the application was incomp let e and cou ld no t be approved as proposed , and t he
app li ca nt was unwilling to revise the app li ca ti on .
Resolutio n No. 18 -25 _ PC
PL 17-879
58 13 Myda Ave nu e
Pa ge 3 of 4
13. On Feb ruary 2, 2018, th e applicant filed an appeal of the Community Deve lopment Director's
determination made in the January 18, 20 18 letter, under Temp le City Municipal Code Section
9-1 D-5, wh ich allows the Planning Commission t o re vi ew the Di rector's determination of any
ambiguity related to the City's zo ning regulation s (Attachment 6). Spec ifica ll y, the applicant
contests responses 1 through 3 of the letter.
SECTION 3. Thi s project is Categorically Exempt from environmental review pursuant to
Section 15369 (Ministerial Project) and 15303 (New Construction or Convers ion of Small
Structures) of the California Environmental Quality Act Guidel ines.
SECTION 4 . State ADU law that was in effect at the time the applicant submitted the
application allows for an "ex isting garage" t o be co nverted to an ADU regard le ss of th e
se tback. To be eligible for conversion to an ADU, the structure mu st qualify as an ex isting
structure, and must qualify as a garage. The accesso ry structure is neither existing nor a
garage. Therefore, the structure is not eligible to be converted to an ADU.
SECTION 5. The applican t submitted hi s proj ec t prior to the effective date of Ordinance
No. 17-1022. To be proc esse d under State Law, the application wo uld need t o be deemed
complete pri or to August 4, 2017, the effective date of Ordinance No. 17 -10 22 . The
applicant was notified on August 9, by planning staff that the app li ca tion could not be
deemed complete because th e accessory stru ct ure was illegally constructed without a
permit and was not a garage, and therefore did not qualify for conversion to an ADU
under the State ADU law . Staff provided th e applicant options for m oving the project
forward, depending upon hi s goals for the project. The application cou ld not be
proc essed as submitted, and sta ff sought information from the applicant on how he
wished to proceed. After three attempts of requesting additional information fr o m the
applicant, planning staff denied th e application.
SECTION 6. Base d upon the information above, the Plannin g Comm ission upholds th e
Community Development Director's determination fo r Fil e No. 17-879, t hat the
application is incomplete be ca use the proje ct as proposed does not comply w ith sta te
ADU law or the Temple City Municipal Code.
Re sol ution N o . 18-25_ PC
Pl 17-879
5813 Myda Av enue
Page 4 of 4
SECTION 7 . The Secretary sha ll certify to the adoption of this Resolution.
Planning Commission Chair
City Attorney
I hereby certify that the foregoing Resolution was adopted by the Planning
Commi ss ion of the City of Temple City at a meeting held on the 1ot h of April, 2018, by the
following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Commissioner-
Commissioner-
Commissioner-
Commission er -
Secretary
ATTACHMENT 2 m
APPEAL FORM AND ATTACHMENTS ~~~
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A T T A C H M E N T D - 2
C i t y o f T e m p l e C i t y
A P P E A L F O R M
I l l A P P E A L O F A P L A ~ J N l l ' l G C O M l v l i S S I O I \ 1 O R C O M M U N I T ' ( D ~ V c L O P M E N T
D I R E C T O R D E C I S I O N
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R E A S O N F O R A P P E A L :
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A P P E L A N T S I G N A T U R E :
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My name is Rick Kuo and I am the applicant of an ADU application for a property located at 5813 Myda
Avenue in Temple City. I am responding to the four questions and answers that Mr. Scott Reimers' posed in
his January 18, 2018 letter that denied my ADU application.
Response 1
Mr. Reimers stated that my application was submitted on July 24, 2017 prior to the effective date of the City's
ADU Ordinance of August 5, 2017. He stated that after the effective date of the City's ADU Ordinance,
Associate Planner Adam Gulick sent out a correction letter on August 9th, 2017 indicating that my accessory
structure was not built with a building permit. Because of this, Mr. Reimers said my application was deemed
incomplete and had to comply with the City's ADU Ordinance. I disagree with this determination. The
unpermitted status of my structure was not a legitimate reason to deem my application incomplete.
The State Housing and Community Development Department has an ADU memorandum (attached) that
explains the State ADU law. On page 28, it defines what an existing structure is. It states the following:
"Existing Structure" for the purposes of defining an allowable space that can be converted to an ADU means
within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely
habitable under local building codes at the determination of the building official regardless of any non-
compliance with zoning standards.
This definition of an existing structure states very clearly that a non-compliant structure such as mine could be
converted into an ADU. Because of this, Mr. Gulick could not use the unpermitted status of my accessory
structure as a reason to send out a comment letter and subsequently to deem my application incomplete.
Page 8 of the same memorandum asks the question, "Are Existing Ordinances Null and Void?" And it answers,
"Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU
law will be null and void. Until an ordinance is adopted , local governments must apply "s tate standards". In
the absence of a local ordinance complying with ADU law, local review must be limited to "state standards"
and cannot include additional requirements such as those in an existing ordinance."
At the time of my application submittal on July 24, 2017, the City did not have an adopted ordinance that was
in compliant with the State ADU law, at least not until August 5, 2017. Because of this, it was not justified for
Mr. Reimers to require that my accessory structure meet the 10 foot rear yard setback requirement from the
City's ADU Ordinance that was not yet adopted. Just because my application was not deemed until after the
effective date of the City's ADU Ordinance does not change the fact that it was still submitted prior to the
effective date of the City's ADU Ordinance. My application should have been reviewed under state standards.
State standards do not have any provision for a 10 foot rear yard setback.
Mr. Reimers stated that while the City's ADU Ordinance did not define what deem complete was, it still was
permitted to evaluate when an application was missing items necessary for further review. Because the City
did not have criteria on how an application was deemed, I inquired with Management Analyst Andrew Coyne.
Mr. Coyne provided clarification in his November 20th, 2017 email (attached) to me. Mr. Coyne stated the
following:
"In answer to your question, "deemed complete" means that you have submitted all of the required materials
(application, architectural plans, forms, etc.) and the information provided on the plans is complete. There
may still be issues to resolve or corrections that need to be made, but all of the required information is
available so that the planner can properly review the project for conformance with the zoning code."
With this, I stated to Mr. Reimers that during my application submittal that all required materials including an
application, plans, and forms were submitted and all the information on the plans was complete. Mr. Gulick
who took my application in did not indicate that anything was missing. Given this and the fact that the City did
not have criteria for deeming an application, it would be logical to say that my application was technically
complete the day it was accepted by the City. Even after the effective date of the City's ADU Ordinance, I was
not told by Mr. Reimers or Mr. Gulick that my application was missing required materials or plan information.
Response 2
Mr. Reimers stated that my accessory structure did not meet local building code requirements found in
section 65852.2 of the State's ADU law. Without inspecting my accessory structure, Mr. Reimers could not say
with ce.rtainty whether it met building code requirements or not. The fact that Mr. Reimers was not working
for the City's Building and Safety Department meant that he did not have the authority to make calls on
building code requirements. Again, the State ADU Memorandum states that an existing structure can be
converted into an ADU if it "can be made safely habitable under local building codes at the determination of
the building official regardless of any non-compliance with zoning standards".
Mr. Reimers also stated that an ADU application that required a ministerial review was "either in compliance
or not at the time of application". Compliance with building code is not a planning determination and is not
an "either in compliance or not" answer. In practice, a structure that is not in compliance with building code
can still be brought up to code at the Building and Safety stage. This is validated by the State ADU
Memorandum that states that an existing structure can be converted into an ADU if it "can be made safely
habitable under local building codes ... "
Response 3
Mr. Reimers asked the question, "Does the project comply with the City's Zoning Code?" His answer was "no".
He stated that my accessory structure was not constructed with a building permit, and therefore was
considered "new" and needed to have a ten-foot rear yard setback . Whether my accessory structure was new
or not was irrelevant in determining if it had to comply with the City's ADU Ordinance. What was relevant was
the date my application was submitted and whether the date was before or after the effective date of the
City's ADU Ordinance. Rather than saying that my accessory structure was not permitted and therefore
needed to comply with the City's ADU Ordinance, the appropriate question to ask is whether my accessory
structure could comply with development standards existing at the time of application submittal.
Development standards existing at the time of my application submittal for an ADU were the State standards.
Furthermore, there are no provisions in the City's Zoning Code that say unpermitted structures to be legalized
are held to a different set of development standards than new or permitted structures . The City 's Zoning Code
does not state that an application to legalize an unpermitted structure that is submitted before the effective
date of a new ordinance will have to comply with development standards of the new ordinance that will
become effective at a future date . Regardless, the City's Zoning Code was null and void because it did not
have an ordinance that complied with the State ADU law at the time of my application submitta l.
Response 4
Mr. Reimers asked the question, "Does the City have to approve the application based on the Permit
Streamlining Act or Government Code Section 65852.2?" His answer was that the Permit Streamlining Act did
not apply to ministerial projects. I concur with this. I did not bring up the Permit Streamlining Act as the basis
for the permitted time the City had to act on my application. I only questioned that the City took substantially
longer than the 120 days for review as permitted by the State ADU law.
Print Wind ow https://mail.yahoo .com/d/search/keyword=coy ne/messages/A. ..
I
1 of 2
Subject: RE: ADU
Fro m: acoyne@templecity.u s
To: rku o 8 @yah o o .com
Date: tylonda y, November 20, 201 7~2:0 3 :0_? _P M _PST _
Hi Rick,
In answer to your question, "deemed complete" means that you have submitted all of the required
materials (application , architect ural plans, forms , etc.) and the information provided on the p lans is
complete . There may still be issues to resolve or corrections that need to be made, but all of the
required information is available so that the planner can properly rev iew the project for conformance
with the zoning code .
I hope that clarifies things.
Best,
•
Andrew J. Coyne
Manag e ment Ana lyst
Co m muni ty Devel opment Dep~r t men t
City of Tem p le City
9701las Tunas Drive
Te mple City, CA 9 1780
626.285.2171 Ext. 4 344
From: Ri c k Kuo [mailto:rkuo8@yaho o.com]
Sent: Friday, November 17, 2017 1:00 PM
To: Andrew Coyne <acoyne@templec ity.us >
Subject: ADU
Hi Andrew,
3/19/2018, 11 :20 PM
Print Window https://mail .y ahoo.com/d/search/keyword =coyne/messages/A. ..
2 of2
I would like to ask if the City has a definition for "deemed complete" and if it is in the Code
somewhere?
1 How does the City deem an application complete? Is there a checklist or some kind of formal
review process?
' SECTION 14: Projects that have been submitted, but not deemed complete, prior to the
effective of this Ordinance shall comply with the provisions of this Ordinance. This Ordinance
1 does not apply to projects deemed complete prior to the effective date of this Ordinance.
Thank you ,
Rick Kuo
• Virus-free. www.avast.com
3/19/2018, 11:20 PM
Table of Contents
Understanding AD Us and Their Importance ...................................................................................... 1
Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 3
Frequently Asked Questions: Accessory Dwelling Units ................................................................. 7
Should an Ordinance Encourage the Development of AD Us? .......................................................... 7
Are Existing Ordinances Null and Void? ........................................................................................... 7
Are Local Governments Required to Adopt an Ordinance? .............................................................. 8
Can a Local Government Preclude AD Us? ...................................................................................... 8
Can a Local Government Apply Development Standards and Designate Areas? ............................. 8
Can a Local Government Adopt Less Restrictive Requirements? .................................................... 9
Can Local Governments Establish Minimum and Maximum Unit Sizes? .......................................... 9
Can AD Us Exceed General Plan and Zoning Densities? ............................................................... 1 0
How Are Fees Charged to ADUs? .................................................................................................. 11
What Utility Fee Requirements Apply to AD Us .................................................................... 11
What Utility Fee Requirements Apply to Non-City and County Service Districts? ........................... 11
Do Utility Fee Requirements Apply to AD Us within Existing Space? .............................................. 11
Does "Public Transit" Include within One-half Mile of a Bus Stop and Train Station? ..................... 11
Can Parking Be Required Where a Car Share is Available? .......................................................... 12
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 12
Is Covered Parking Required? ....................................................................................................... 12
Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an
ADU? ............................................................................................................................................. 12
Are Setbacks Required When an Existing Garage is Converted to an ADU? ................................. 12
Are AD Us Permitted in Existing Residence and Accessory Space? ............................................... 13
Are Owner Occupants Required? .................................................................................................. 13
Are Fire Sprinklers Required for ADUs? ......................................................................................... 13
Is Manufactured Housing Permitted as an ADU? ........................................................................... 14
Can an Efficiency Unit Be Smaller than 220 Square Feet? ............................................................. 14
Does ADU Law Apply to Charter Cities and Counties? .................................................................. 14
Do ADUs Count toward the Region a l Housing Need A ll ocation .............................................. 14
Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15
Frequently Asked Questions: Junior Accessory Dwelling Units ................................................... 16
Is There a Difference between ADU and JADU? ............................................................................ 16
Why Adopt a JADU Ordinance? ........................................................................................... 17
Can JADUs Count towards The RHNA? ........................................................................................ 17
Can the JADU Be Sold Independent of the Primary Dwelling? ....................................................... 17
Are JADUs Subject to Connection and Capacity Fees? ................................................................. 17
Are There Requirements for Fire Separation and Fire Sprinklers? ................................................. 18
Resources .......................................................................................................................................... 19
Attachment 1: Statutory Changes (StrikeouUUnderline) ................................................................. 19
Attachment 2: Sample ADU Ordinance .......................................................................................... 26
Attachment 3: Sample JADU Ordinance ........................................................................................ 29
Attachment 4: State Standards Checklist ....................................................................................... 32
Attachment 5: Bibliography ............................................................................................................ 33
Understanding Accessory Dwelling Units
and Their Importance
California's housing production is not keeping pace w ith
demand. In the last decade less than half of the needed
housing was built. This lack of housing is impacting
affordability with average housing costs in California
exceeding the rest of the nation . As affordability
becomes more problematic, people drive longer distances
between a home that is affordable and where they work,
or double up to share space, both of which reduces
quality of life and produces negative environmental
impacts.
Beyond traditional market-rate construction and
government subsidized production and preservation there
Courtesy of Karen C happle, uc Berkeley are alternative housing models and emerging trends that can
contribute to addressing home supply and affordability in California.
One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in-
law units, or granny flats).
What is an ADU
An ADU is a secondary dwelling unit with complete independent living facilit ies for one or more persons
and generally takes three forms:
• Detached: The unit is separated from the primary structure
• Attached: The unit is attached to the primary structure
• Repurposed Existing Space : Space (e.g., master bedroom) within the primary residence is
converted in to an independent living unit
• Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures
ADUs offer benefits that address common development barriers such as affordabi lity and environmenta l quality.
ADUs are an affordable type of home to construct in California because they do not req uire paying for land, major
new infrastructure, structured parking , or elevators. AD Us are built with cost-effective one -or two-story wood frame
construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as
much living space as the new apartments and con dominiums being built in new infill bu ild ings and serve very well
for couples, small families , friends, young people, and seniors.
ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals
and students desire to live in areas close to jobs, amenities, and schools. The problem with high-opportunity areas
is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach
for many people. To address the needs of individuals or small families seeking livi ng quarters in high opportunity
areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home li ke a garage
1
into a junior ADU . This flexibility benefits not just people renting the space, but the homeowner as well, who c an
receive an extra monthly rent income.
ADUs give homeowners the flexibility to share independent living areas w ith fami ly members and others , allowing
seniors to age in place as they require more care and helping extended fami li es to be near one another while
maintaining privacy.
Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing opt ion . A UC Berkeley
study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU
can range anywhere up to $200,000 on the expensive end in high housing cost areas .
ADUs are a critical form of infill-development that can be affordable and offer important housing choices within
existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve
different populations ranging from students and young professionals to young families , people with disabilities and
senior citizens. By design, AD Us are more affordable and can provide addit ional income to homeowners. Local
governments can encourage the development of ADUs and improve access to jobs, education and services for
many Californians .
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Summary of Recent Changes to ADU Laws
Courtesy of Karen C happle, U C Berkeley
The California legislature found and dec lared that,
among other th ings, allowing accessory dwelling un its
(ADUs) in single family and multifam ily zones
provides additional rental housing and are an
essential component in addressing housing needs in
California. Over the years, ADU law has been revised
to improve its effectiveness such as recent changes
in 2003 to requ ire min isterial approval. In 2017,
changes to ADU laws will further reduce barriers,
better streamline approval and expand capacity to
accommodate the development of ADUs.
ADUs are a unique opportunity to address a variety of
housing needs and provide affordable housing
options for family members, friends , students, the
elderly, in-home health care providers, the d isabled,
and others. Further, ADUs offer an opportunity to maxim ize and
integrate housing choices within existing neighborhoods.
Within this context, the Department has prepared this guidance to assist local governments in encouraging the
development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief
summary of the changes for each bill.
SB 1069 (Wieckowski)
S. B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of AD Us
and expanded capacity for their development. The following is a brief summary of provisions that go into effect
January 1, 2017.
Parking
SB 1069 reduces parking requirements to one space per bedroom or unit. The legis lation authorizes off street
parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made.
SB 1069 also prohibits parking requirements if the ADU meets any of the following:
o Is within a half mile from public transit.
o Is within an arch itecturally and historically significant hi storic district.
o Is part of an existing primary residence or an existing accessory structure.
o Is in an area where on-street parking permits are required, but not offered to t he occupant of the ADU .
o Is located within one block of a car share area.
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Fees
SB 1 069 provides that AD Us shall not be considered new residential uses for the purpose of calculating utility
connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from
requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or
capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and
detached AD Us, this fee or charge must be proportionate to the burden of the unit on the water or sewer system
and may not exceed the reasonable cost of providing the service.
Fire Requirements
SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the
primary residence .
ADUs within Existing Space
Local governments must ministerially approve an application to create within a sing le family residential zone one
ADU per single family lot if the unit is:
• contained within an existing res idence or accessory structure .
• has independent exterior access from the existing residence.
• has side and rear setbacks that are sufficient for fire safety.
These provisions apply within all single family residential zones and ADUs within existing space must be allowed in
all of these zones . No additional parking or other development standards can be applied exc ept for building code
requirements.
No Total Prohibition
SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs.
AB 2299 (B loom)
Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to
ministerially approve AD Us if the unit complies with certain parking requirements , the maxi mum allowable size of
an attached ADU, and setback requirements, as follows :
• The unit is not intended for sale separate from the primary residence and may be rented.
• The lot is zoned for single-family or multifamily use and contains an existing, s ingle-fam ily dwelling.
• The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or
detached and on the same lot.
• The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum
increase in floor area of 1,200 square feet.
• The total area of floorspace for a detached accessory dwelling un it does not exceed 1,200 square feet.
• No passageway can be required .
• No setback can be required from an existing garage that is converted to an ADU .
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" C o m p l i a n c e w i t h l o c a l b u i l d i n g c o d e r e q u i r e m e n t s .
" A p p r o v a l b y t h e l o c a l h e a l t h o f f i c e r w h e r e p r i v a t e s e w a g e d i s p o s a l s y s t e m i s b e i n g u s e d .
I m p a c t o n E x i s t i n g A c c e s s o r y D w e l l i n g U n i t O r d i n a n c e s
A B 2 2 9 9 p r o v i d e s t h a t a n y e x i s t i n g A D U o r d i n a n c e t h a t d o e s n o t m e e t t h e b i l l ' s r e q u i r e m e n t s i s n u l l a n d v o i d u p o n
t h e d a t e t h e b i l l b e c o m e s e f f e c t i v e . I n s u c h c a s e s , a j u r i s d i c t i o n m u s t a p p r o v e a c c e s s o r y d w e l l i n g u n i t s b a s e d o n
G o v e r n m e n t C o d e S e c t i o n 6 5 8 5 2 . 2 u n t i l t h e j u r i s d i c t i o n a d o p t s a c o m p l i a n t o r d i n a n c e .
A B 2 4 0 6 ( T h u r m o n d )
A B 2 4 0 6 ( C h a p t e r 7 5 5 , S t a t u t e s o f 2 0 1 6 ) c r e a t e s m o r e f l e x i b i l i t y f o r h o u s i n g o p t i o n s b y a u t h o r i z i n g l o c a l
g o v e r n m e n t s t o p e r m i t j u n i o r a c c e s s o r y d w e l l i n g u n i t s ( J A D U ) t h r o u g h a n o r d i n a n c e . T h e b i l l d e f i n e s J A D U s t o b e
a u n i t t h a t c a n n o t e x c e e d 5 0 0 s q u a r e f e e t a n d m u s t b e c o m p l e t e l y c o n t a i n e d w i t h i n t h e s p a c e o f a n e x i s t i n g
r e s i d e n t i a l s t r u c t u r e . I n a d d i t i o n , t h e b i l l r e q u i r e s s p e c i f i e d c o m p o n e n t s f o r a l o c a l J A D U o r d i n a n c e . A d o p t i o n o f a
J A D U o r d i n a n c e i s o p t i o n a l .
R e q u i r e d C o m p o n e n t s
T h e o r d i n a n c e a u t h o r i z e d b y A B 2 4 0 6 m u s t i n c l u d e t h e f o l l o w i n g r e q u i r e m e n t s :
" L i m i t t o o n e J A D U p e r r e s i d e n t i a l l o t z o n e d f o r s i n g l e - f a m i l y r e s i d e n c e s w i t h a s i n g l e - f a m i l y r e s i d e n c e a l r e a d y
b u i l t o n t h e l o t .
" T h e s i n g l e - f a m i l y r e s i d e n c e i n w h i c h t h e J A D U i s c r e a t e d o r J A D U m u s t b e o c c u p i e d b y t h e o w n e r o f t h e
r e s i d e n c e .
" T h e o w n e r m u s t r e c o r d a d e e d r e s t r i c t i o n s t a t i n g t h a t t h e J A D U c a n n o t b e s o l d s e p a r a t e l y f r o m t h e s i n g l e -
f a m i l y r e s i d e n c e a n d r e s t r i c t i n g t h e J A D U t o t h e s i z e l i m i t a t i o n s a n d o t h e r r e q u i r e m e n t s o f t h e J A D U
o r d i n a n c e .
" T h e J A D U m u s t b e l o c a t e d e n t i r e l y w i t h i n t h e e x i s t i n g s t r u c t u r e o f t h e s i n g l e - f a m i l y r e s i d e n c e a n d J A D U h a v e
i t s o w n s e p a r a t e e n t r a n c e .
" T h e J A D U m u s t i n c l u d e a n e f f i c i e n c y k i t c h e n w h i c h i n c l u d e s a s i n k , c o o k i n g a p p l i a n c e , c o u n t e r s u r f a c e , a n d
s t o r a g e c a b i n e t s t h a t m e e t m i n i m u m b u i l d i n g c o d e s t a n d a r d s . N o g a s o r 2 2 0 V c i r c u i t s a r e a l l o w e d .
" T h e J A D U m a y s h a r e a b a t h w i t h t h e p r i m a r y r e s i d e n c e o r h a v e i t s o w n b a t h .
P r o h i b i t e d C o m p o n e n t s
T h i s b i l l p r o h i b i t s a l o c a l J A D U o r d i n a n c e f r o m r e q u i r i n g :
" A d d i t i o n a l p a r k i n g a s a c o n d i t i o n t o g r a n t a p e r m i t .
" A p p l y i n g a d d i t i o n a l w a t e r , s e w e r a n d p o w e r c o n n e c t i o n f e e s . N o c o n n e c t i o n s a r e n e e d e d a s t h e s e u t i l i t i e s
h a v e a l r e a d y b e e n a c c o u n t e d f o r i n t h e o r i g i n a l p e r m i t f o r t h e h o m e .
5
Fire Safety Requirements
AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and
life protections ordinances and regulations, such as sprinklers and smoke a larms. The bill also requ ires life and
protection ordinances that affect single-family re sidences to be applied uniformly to all single-family residences,
regardless of the presence of a JADU .
JADUs and the RHNA
As part of the housing element portion of their general plan , local governments are required to identify sites with
appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the
RHNA, HCD and the Department of Finan ce (DOF) utilize the census definition of a housing unit which is fairly
flexible . Local government count units as part of reporting to DOF . JADUs meet these definitions and this bill
would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to
create less costly accessory units . See additional discussion under JADU frequently asked questions.
6
Frequently Asked Questions:
Accessory Dwelling Units
S hou ld a n O rdin ance E nco urage th e Deve lo pme nt of A DUs?
Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity
for ADUs recognizing their unique importance in addressing California's housing needs. The preparation, adoption,
amendment and implementation of local ADU ordinances must be carried out consistent with Government Code
Section 65852.150:
(a) The Legislature finds and declares all of the following :
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care
providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of
security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental
housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for
the state 's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and
the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within
existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California's housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has
the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating
to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or
burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in
zones in which they are authorized by local ordinance.
7
Are Existin g Ord in ances Nu ll and Void?
Yes, any local ordinance adopted prior to January 1, 2017
that is not in compliance with the changes to ADU law will be
null and void . Until an ordinance is adopted, local
governments must apply "state standards" (See Attachment
4 for State Standards checklist). In the absence of a local
ordinance complying with ADU la w , local review must be
limited to "state standards" and cannot include additional
requirements such as those in an existing ordinance.
Are Loca l Governments Requ ired to Adopt
an Ordinance?
No, a local government is not required to adopt an ordinance. ADUs built within a jurisdict ion that lacks a local
ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through
different forms such as a new ordinance , amendment to an existing ordinance , separate section or special
regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be
established legislatively through a public process and meeting and not throug h internal administrative actions such
as memos or zoning interpretations.
Ca n a Local Gove rnm ent Pre cl ude AD Us?
No local government cannot preclude AD Us .
Can a Loca l Gove rnm e nt App ly De ve lop ment Sta nd ards and Des ignate Areas?
Yes, local governments may apply development standards and may designate where ADUs are permitted (GC
Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family
residential zones.
For ADUs that require an addition or a new accessory structure, development standards such as parking, heigh t,
lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs ca n be avoided or
allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high
fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that
burdens the development of ADUs and should maximize the potential for ADU development. Designating areas
where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic
flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes,
burdensome lot coverage and setbacks and particularly concentration or distance requirements (e .g., no less than
500 feet between AD Us) may unreasonably restrict the ability of the homeown ers to create AD Us , contrary to the
intent of the Legislature.
8
Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their
potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout
most of the community. Minimum lot sizes cannot be applied to AD Us within e xistin g structures and c ould
be considered relative to health and safety concerns such as areas on septic systems. While larger lot
sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g .,
maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements)
that allows ADUs to fit well within the built environment.
Can a Loca l Government Adopt Less Restrict ive Requ irements?
Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs .· Local
governments can take a variety of actions beyond the statute that promote ADUs su ch as reductions in fees , less
restrictive parking or unit sizes or amending general plan policies.
Santa Cruz has confronted a shortage of housing for many years, cons idering its growth in population from
incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development
of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to
promote ADUs. The manual showcases prototypes of AD Us and outlines city zon ing laws and
requirements to make it more convenient for homeowners to get information . The City found that
homeowners will take time to develop an ADU only if information is easy to find , the process is simple, and
there is sufficient guidance on what options they have in regards to design and planning.
The city set the minimum lot size requirement at 4,500 sq. ft . to develop an ADU in order to encourage
more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop
an ADU. For more information, see http://www.cityofsantacruz.com/departments/plann ing-and-community-
developmenUprograms/accessory-dwell in g-un it-development-program .
Can Local Governments Establ is h Minimum and Maximum Unit Sizes?
Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). Howeve r, like
all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of
ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that
unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum un it
sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit
as defined in Health and Safety Code Section 17958.1.
ADU law requires local government approval if meeting various requirements (GC Section
65852.2(a)(1)(D)), including unit size requirements. Specifically, attached A DUs shall not exceed 50
percent of the existing living area or 1,200 square feet and detached AD Us shall not exceed 1,200
square feet. A local government may choose a maximum unit size less than 1,200 square feet as long
as the requirement is not burdensome on the creation of ADUs.
9
Can AD Us Exceed Gene ra l Plan and Zo ni ng De ns it ies?
An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning .
For example, if a zoning district allows one unit per 7 ,500 square feet, then an ADU would not be counted as an
additional unit. Minimum lot sizes must not be doubled (e.g ., 15,000 square feet) to accou nt for an ADU. Further,
local governments could elect to allow more than one ADU on a lot.
New developments can increase the total number of affordable units in thei r project plans by
integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs
also promotes housing choices within a development. One such exa mp le is the Can nery project
in Davis, CA. The Cannery project includes ·547 residential units with up to 60 integrated AD Us.
ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility w ith
neighborhoods and enhancing community character. ADUs are constru cted at the same time as
the primary single-family unit to ensure the affordable rental unit is available in the housing
supply concurrent with the availability of market rate housing.
10
How Are Fees Charged to AD Us?
All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation
Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single fami ly home).
Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of
plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping
should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new
landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a
lesser impact such as lower sewer or traffic impacts.
What Utility Fee Requirements Apply to ADUs?
Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity
charges.
Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot
require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity
charge.
For other ADUs , a local agency may require separate utility connections between the primary dwelling and the
ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its
size or the number of plumbing fixtures.
What Utility Fee Requ irements Apply to Non-City a nd County Service Districts?
All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with
Government Code Section 66000), including in particular Section 66013, which requires the connection fees and
capacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and county
service districts must account for the lesser impact related to an ADU and shou ld base fees on unit size or number
of plumbing fixtures. Providers should consider a proportionate or sliding scale fee str uctures that address the
smaller size and lesser impact of ADUs (e.g ., fees per square foot or fees per f ixtu re). Fee waivers or deferra ls
could be considered to better promote the development of ADUs.
Do Uti lity Fee Requirements App ly to ADUs with in Existing Space?
No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility
connections and fees (connection and capacity) must not be required.
Does "P ublic Transit" Include within One-half Mile of a Bus Stop and Train
Station ?
Yes, "public transit" may include a bus stop, train station and paratransit if appropriate for the applicant. "Public
transit" includes areas where transit is available and can be considered regardless of tighter headways (e.g ., 15
minute intervals). Local governments could consider a broader definition of "public transit" such as distance to a
bus route .
11
Can Parking Be Required Wh ere a Car S hare Is Available?
No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU . A
car share location includes a designated pick up and drop off location . Loca l governments can measure a block
from a pick up and drop off location and can decide to adopt broader distance requ irements such as two to three
blocks.
Is Off Street Park ing Perm itted in Setback Areas or through Tande m Parking?
Yes, ADU law deliberately reduces parking requirements. Local governments may make specif ic findings that
tandem parking and parking in setbacks are infeasible based on specific site , reg ional topographical or fire and life
safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the ju risdiction.
However, these determinations should be applied in a manner that does not unnecessaril y restrict the creation of
ADUs.
Local governments must provide reasonable accommodation to persons with disabilities to promote equal
access housing and comply with fair housing laws and housing element law. The reasonable
accommodation procedure must provide exception to zoning and land use regulations wh ich includes an
ADU ordinance. Potential exceptions are not limited and may include development standards such as
setbacks and parking requirements and permitted uses that further the housing opportunities of individuals
with disabilities.
Is Covered Park ing Requ ired?
No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings
are made.
Is Replacement Park i ng Required When t he Parking Area for the Pr imary
Struct ure Is Used for an ADU?
Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements
such as tandem , including existing driveways and uncovered parking are allowed. Local governments have an
opportunity to be flexible and promote AD Us that are being created on existing pa rki ng space and can cons ider not
requiring replacement parking .
Are Setbacks Requi red When an Ex isting Garage Is Co nverted to an ADU?
No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office)
above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space
is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage,
not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending
beyond the garage walls.
12
Also, when a garage, carport or covered parking structure is demolished or where the park ing area ceases to exist
so an ADU can be created , the replacement parking must be allowed in any "configuration" on the lot, " ... including,
but not limited to, covered spaces, uncovered spaces, or tandem spaces, or .... " Configuration can be applied in a
flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing
driveways in setback areas or not requiring excessive distances from the street wou ld be appropriate .
Are ADUs Perm itted in Existing Res idence or Accesso ry Space?
Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory
structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including
locational requirements (Section 65852 .2(a)(1)(A)), subject to usual non-appealable ministerial building permit
requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be
limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review ,
landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any
single family residential zone, so can an ADU . The purpose is to streamline and expand potential for AD Us where
impact is minimal and the existing footprint is not being increased.
Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conform ing
lots or structures. The phrase, "within the existing space" includes areas within a primary home or within an
attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard stud io
and similar enclosed structures.
Are Owner Occupants Requ ired?
No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the
primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals
(terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the
same property. Local agencies which impose this requirement should requ ire recordation of a deed restriction
regarding owner occupancy to comply with GC Section 27281 .5
Are Fir e Sprin k lers Req uired for AD Us?
Depends, AD Us shall not be required to provide fire sprinklers if they are not or were not required of the primary
residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the
primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU .
Alternative methods for fire protection could be provided.
If the ADU is detached from the main structure or new space above a detached garage, applicants can be
encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique
opportunity to address a variety of housing needs and provide affordable housing options for family members,
students, the elderly, in-home health care providers , the disabled, and others, the fire departments want to ensure
the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can
help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost
effectively. For example, insurance rates are typically 5 to 10 percent lower where the un it is sprin k lered . Finally,
other methods exist to provide additional fire protection . Some options may include add it ional exits , emergency
escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property
lines or other structures.
13
Is Ma nu factu red Ho using Pe rm itted as an AD U?
Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living,
sleeping , eating , cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section
17958.1) and a manufactured home (Health and Safety Code Section 18007).
Health and Safety Code Section 18007(a) "Manufactured home," for the purposes of this part, means a
structure that was constructed on or after June 15, 1976, is transportable in one or more sections , is eight
body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on
site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-
family dwelling with or without a foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home"
includes any structure that meets all the requirements of this paragraph except the size requirements and
with respect to which the manufacturer voluntarily files a certification and complies with the standards
established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U .S .C.,
Sec. 5401, and following).
Can an Effic iency Un it Be Smal ler t han 220 Square Feet?
Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section
17958.1 ), can have a minimum floor area of 150 square feet and can also have partia l kitchen or bathroom
facilities, as specified by ordinance or can have the same mean in g specified in the Un iform Building Code,
referenced in the Title 24 of the California Code of Regulations.
The 2015 International Res idential Code adopted by reference into the 2016 California Residential Code
(CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit
(EDU). Prior to this code change an EDU was required to have a m inimum floor area not less than 220 sq .
ft unless modified by local ordinance in accordance with the California Health and Safety Code which could
allow an EDU to be built no less than 150 sq. ft. For more information, see HCD's Information Bulletin at
http://www. hcd .ca.gov/codes/man ufactu red-housing/docs/ib20 16-06. pdf .
Does ADU Law Apply to Charter Cit ies and Counties?
Yes. ADU law explicitly applies to "local agencies" which are defined as a city, county, or city and county whether
general law or chartered (Section 65852.2(i)(2)).
14
Do ADUs Cou nt toward the Regiona l Housing Need A ll ocation?
Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to
Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked
questions for JADUs for additional discussion.
Must ADU Ord in ances Be Subm itted to th e Department of Hous in g and
Community Deve lopment?
Yes , ADU ordinances must be submitted to the State Department of Hous ing and Community Deve lopment within
60 days after adoption , including amendments to existing ordinances. However, upon submittal, the ordinance is
not subject to a Department review and findings process similar to housing element law (GC Section 65585)
15
Frequently Asked Questions:
Junior Accessory Dwelling Units
Is There a D ifference between ADU and JADU?
Courtesy of Lilypad Homes and Photo Cred it to Jocelyn Knight
Yes, AB 2406 added Government Code Section 65852.22,
providing a unique option for Junior ADUs. The bill allows
lo cal governments to adopt ordinances for JADUs , which are
no more than 500 square feet and are typically bedrooms in a
single-family home that have an entrance into the unit from
the main home and an entrance to the outside from the
JADU. The JADU must have cooking fa cilities, including a
sink, but is not required to have a private bathroom. Current
law does not prohibit local governments from adopting an
ordinance for a JADU, and this bill explicitly allows, not
requires, a local agency to do so. If the ordinance requires a
permit , the local agency shall not require additional parking or
charge a fee for a water or sewer connection as a condition
of granting a permit for a JADU . For more information , see
below.
ADUs and JADUs
REQUIREMENTS ADU JADU
Maximum Unit Size Yes, generally up to 1,200 Square Feet or Yes, 500 Square Foot Maximum
50% of living area
Kitchen Yes Yes
Bathroom Yes No, Common Sanitation is Allowed
Separate ~ntrance Depends Yes
Park ing Depends, Parking May Be Eliminated and No, Parking Cannot Be Required
Cannot Be Required Under Specified
Conditions
Owner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is Required
Required
Ministerial Approval Process Yes Yes
Prohibition on Sale of ADU Yes Yes
16
Why Adopt a JADU O rd ina nce?
JADUs offer th e s imp lest and most affordable housing option. They b ridge t he gap betwee n a ro ommate and a
ten a nt by offering an interior connection between the unit and main living area. The doors between the two spaces
ca n be secured from both sides , allowing them to be eas il y privatized or in co rpo rated back into the main living
a rea . These units share central systems, req uire no fire separation, and have a basic kit c hen, ut il izin g small plug
in appliances, reducing development costs. Thi s provides flexibil ity and an ins urance po licy in ho mes in case
additional income or housing is needed . They present no additional stress on utility services or infrastruc ture
because th ey simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional
address is required on the property because an interi or co nnection remains. By adopting a JADU ordinance, loca l
governments ca n offer homeowners additional options to take advantage of underutilized space and better
address its hou sing needs.
Ca n JADUs Co u nt towa rds t he RHNA?
Yes, as part of the housing element portion of their general plan , local governments are required to identify sites
with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a
JADU, including with shared sanitation facilities, that meets the census defin ition and is rep orted to the Department
of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the
RHNA based on the appropriate income level. Local governments can track act ual or anticipated affordability to
assure the JADU is counted to the appropriate income category. For example, some local governments request
and track information such as anticipated affordability as part of the building perm it appl ication .
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that
is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate livi ng quarters
are those in which the occupants live separately from any other persons in the building and which have
direct access from the outside of the building or through a common hal l.
Can the JADU Be So ld In dependent of the P rim a ry Dwe llin g?
No, the JADU cannot be sold separate from the primary dwelling.
Are JADUs Subj ect to Co nnection and Capac ity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should
not be c harg ed a fee for providing water, sewer or power, includ ing a connection fee. These requireme nts apply to
all providers of water, sewer and power, including non -municipal providers.
Loc al governments may adopt requ irements for fees re lated to parking, other service or connecti on for water,
sewer or power, however, these req uirements must be uniform for all single family re si dences and JADUs are not
considered a new or separate unit.
17
Are There Requirements for Fire Separation a nd F ire Sprin klers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU
shall not be considered a new or separate unit. In other words, if the primary unit is not subjec t to fire or life
protection requirements , then the JADU must be treated the same.
18
Resources
Courtesy of Ka ren C happle, UC Be rkeley
19
Attachment 1: Statutory Changes (Strikeout/Underli ne)
Government Code Section 65852.2
(a) (1) Awf ~ local agency may, by ordinance, provide for the creation of second accessory dwelling units in
single-family and multifamily residential zones. The ordinance may shall do aRY a// of the following :
(A) Designate areas within the jurisdiction of the local agency where second accessory dwelling un its may be
permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the
adequacy of water and sewer services and the impact of second accessory dwelling units on traffic flew,. flow and
public safety.
(B) (i) Impose standards on second accessory dwelling units that include, but are not limited to, park ing, height,
setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that second accessory dwelling units do not exceed the allowable density for the lot upon which
the second accessory dwelling unit is located, and that second accessory dwelling units a re a re sidentia l use that
is consistent with the existing general plan and zon ing designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale separate from the primary residence and may be rented.
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the l ivin g area of th e
existing dwelling or detached from the existing dwelling and located on the same l ot as the existing dwelling.
(iv) The inc rea sed floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area. with a maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1, 200 s quare feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, a nd a
setback of no more than five feet from the side and r ear l ot lines shall be required for an accessory dwelling unit
that is constructed above a garage .
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirem ents for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. Th ese spaces may be provided as tandem parking on an existing driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
ta ndem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted
anywhere else in the jurisdiction.
(Ill) This clause s h all not apply to a unit that is d escribe d in s ubdivision (d).
20
(xi) When a garage. camort. or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit. and the local agency requires that those offstreet parking spaces be replaced. the
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit. including.
but not limited to. as covered spaces. uncovered spaces. or tandem spaces. or by the use of mechanical
automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ord inance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or specia l
use permits. ~Jothing in this paragraph may be construes to reEjuire a local government to aeopt or amene an
oreinance for the creation of ADUs. permits. within 120 days after receiving the application . A local agency may
charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the
2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that
provides for the creation of ArnJ&.. an accessory dwelling unit.
~ ffi 8-1 An WAeR existing ordinance governing the creation of an accessory dwelling unit by a local
agency which has not aeoptee an oreinance governing ADUs in accoroance with subei\•ision (a) or (c) receives its
first application on or after July 1, 1983 , for a permit pursuant to this subeivision , the local agency shall accept the
application ana approve or Elisapprove the application ministerially without discretionary review pursuant to this
subei·1ision unless it or an accessory dwelling ordinance adopted by a local agency subsequent to the effective
date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for
the approval of accessory dwelling units and shall not include any discretionary processes. provisions. or
requirements for those units. except as otherwise provided in this subdivision. In the event that a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision. that ordinance
shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter
apply the standards established in this subdivision for the approval of accessory dwelling units. unless and until the
agency adopts an ordinance in accoreance with subeivision (a) or (c) within 120 Elays after receiving the
application. Notwithstaneing Section 65901 or 65906, every local agency shall grant a variance or special use
permit for the creation of a ADU if the ADU complies •.vith all of the following: that complies with this section.
(A) The unit is not inten9e9 for sale ana may be rentee .
(B) The lot is zoned for single family or multifamily use.
(C) The lot contains an existing single family swelling.
(D) The ADU is either attaches to the existing swelling ana locates within the living area of the existing swelling or
Eletachee from the existing swelling ana locates on the same lot as the existing swelling.
(E) The increases floor area of an attaches ADU shall not exceoe JO percent of the existing li\•ing area .
(F) The total area of floorspace for a Eletachee ADU shall not exceee 1,200 sEjuare feet.
(G) ReEjuirements relating to height, setback, lot coverage, architectural review, site plan review, fees , charges,
and other zoning reEjuirements generally applicable to resieential construction in the zone in which the property is
locates.
(1=4) Local buileing coee reEjuirements which apply to detaches El•.vellings, as appropriate.
(I) J\pproval by the local health officer where a private sewage Elisposal system is being usee, if reEjuireEI.
21
~@No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision .
~ @1. This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed
ADUs on lots a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an
existing single-family dwelling. No additional standards , other than those provided in thissubdi\•ision or subdi¥ision
~subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit
issued pursuant to this subdivision to be an owner occupant. owner-occupant or that the property be used for
rentals of terms longer than 30 days.
~ill No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required
to implement this subdivision. Any ~ local agency may amend its zoning ordi nance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these
provisions are consistent with the limitations of this subdivision .
~ l.§l A ADU which conforms to the requirements of An accessory dwelling unit that conforms to this subdivision
shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the
allowable density for the lot upon which it is located, and shall be deemed to be a residential usewi:HGR that is
consistent with the existing general plan and zoning designations for the lot. The AGYs-accessory dwelling unit
shall not be considered in the application of any local ordinance, policy, or program to lim it residential growth.
fGj {Q) Ne When a local agency shall adopt an ordinance 'Nhich totally precludes ADUs within single family or
multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit
housing opportunities of the region and further contains findings that specific adverse impacts on the public healtR;--
safety, and welfare that '.\'ould result from allowing ADUs within single family and multifamily zoned areas justify
adopting the ordinance. that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first application on or after July 1. 1983. for a permit to create an accessory dwelling
unit pursuant to this subdivision. the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the
application.
~ {Ql A local agency may establish minimum and maximum unit size requirements for both·attached and
detached second accessory dwelling units. No minimum or maximum size for a second an accessory dwelling unit,
or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or
detached dwellings wJ::HGR that does not permit at least an efficiency unit to be constructed in compliance with local
development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
(d) Notwithstanding any other law. a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a). shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
( 1 J The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Additional parking
may be required pro\•ided that a finding is made that the additional parking requirements are directly related to the
22
use of the ADU and are consistent with existing neighborhood standards applicable to existing dwellings. Off street
parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking ,
unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon
specific site or regional topographical or fire and lifo safety conditions, or that it is not permitted anywhere else in
tho jurisdictiOA. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit to create w ithin a single-family residential zone one accessory dwelling unit per
s ingle-fam ily lot if the unit is contained within the existing space of a single-family residence or accessory structure.
has independent exterior access from the existing residence, and th e side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
(f) f1l Fees charged for the construction of second accessory dwelling un its shall be determined in accordance
with Chapter 5 (commencing with Section66000). 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessorv dwelling units shall not be considered n ew residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities. including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a loca l agency shall not require the applicant to
install a new or separa te utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charoe.
(8) For an accessory dwelling unit that is not described in subdivision (e). a local agency may require a new or
separa te utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures,
upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requ irements for the creation
of AQ.Us.. an accessory dwelling unit.
(h) Loca l agencies shall submit a copy of the ordinances ordinance adopted pursuant to subdivision (a) ~to
the Department of Housing and Community Development within 60 days after adoption.
(i) As used in this section, the following t erms mean:
(1) "Living area; area " means the interior habitable area of a dwelling unit including basements and attics but does
not include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5.
(4) "Second "A ccessory dwelling unit" means an attached or a detached residential dwelling unit which provides
complete independent living facilities for one o r more persons. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second An
accessory dwelling unit also includes the following :
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway th at is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
23
0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except
that the lo cal government shall not be required to hold public hearings for coastal development permit applications
for second accessory dwelling units .
Government Code Section 65852.22.
(a) Notwithstanding Section 65852.2. a local agency mav. by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. Th e ordinance may require a permit to be obtained for
the cre ation of a junior accessory dwelling unit. and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential/of zoned for single-family residences
with a single-family residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental aqencv. land
trust. or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
aqencv. and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence. in cluding a statement that the deed restriction may be enforced against future purchasers.
(8) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure,
and require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the
structure. with an interior entry to the main living area. A permitted junior accessory dwelling may include a second
interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen. which shall include all of
the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(8) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or
propane gas.
(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection. including the imposition of
a fee for that inspection to determine whether the junior accessory dwelling unit is in compliance with applicable
building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits. be considered ministerially, without
discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a
24
permit pursuant to this section. A local aqencv mav charge a fee to reimburse the local aqencv for costs incurred in
connection with the issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessorv dwelling unit shall not
be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city
and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power. including a connection fee. a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
m This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation. related
to parking or a service or a connection fee for water, sewer, or power. that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) For purposes of this section, the following terms have the following meanings:
(1) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained
entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation
facilities. or may share sanitation facilities with the existing structure.
(2) "Local agency" means a city, county, or city and county, whether genera/law or chartered.
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Attachment 2 : Samp le ADU Ordinance
Section XXX1XXX: Purpose
This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with si ng le-
family dwellings. Such accessory dwellings contribute needed housing to the community's housing stock . Thus ,
accessory dwelling units are a residential use which is consistent with the General Pla n objectives and zoning
regulations and which enhances housing opportunities, including near transit on single family lots.
Section XXX2XXX: Applicability
The provis ions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned
residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory
dwelling unit is located , and are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
Section XXX3XXX: Development Standards
Accessory Structures within Existing Space
An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or
other accessory structure shall be permitted ministeria.lly with a building permit rega rdless of all other standards
within the Chapter if complying with:
1. Building and safety codes
2. Ind ependen t exterior access from the existing residence
3. Sufficient side and rear setbacks for fire safety.
Accessory Structures (Attached and Detached)
General:
1. Th e unit is no t intended for sa le separate from the primary residence and may be rented .
2. Th e lo t is zoned for resid ential and conta in s an exist ing, sin g le-fam ily dwelling.
3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling
and located on the same lot as the existing dwelling.
4 . The in c reased floor area of an attached accessory dwelling unit shal l not exceed 50 percent of the exist ing
li ving area, with a maximum increase in floor area of 1,200 square feet.
5. The tota l area of floor space for a detached accesso ry dwelling unit shall not exceed 1 ,200 square feet.
6. Local building code requirem ents that app ly to detached dwellings, as approp riate.
7. No passageway shall be required in conjunction with th e co nstru ction of an accessory dwelling unit.
8. No setback s hall be required fo r an existing garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling
unit that is constructed above a garage.
9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence and may employ alternative methods for fire protection.
Parking :
1. Parking requirements for accesso ry dwelling units shall not exceed one pa rki ng space per unit or per
bedroom . These spaces may be provided as tandem parking, including on an existing driveway or in setback
areas, excluding the non-d ri veway front yard setback.
2. Parking is not required in the following instances :
• The accessory dwelling unit is located wi thin one-half mile of public transit, including transit
stations and bus statio ns.
26
" T h e a c c e s s o r y d w e l l i n g u n i t i s l o c a t e d i n t h e W W W W D o w n t o w n , X X X A r e a , Y Y Y C o r r i d o r a n d
Z Z Z O p p o r t u n i t y A r e a .
" T h e a c c e s s o r y d w e l l i n g u n i t i s l o c a t e d w i t h i n a n a r c h i t e c t u r a l l y a n d h i s t o r i c a l l y s i g n i f i c a n t h i s t o r i c
d i s t r i c t .
" W h e n o n - s t r e e t p a r k i n g p e r m i t s a r e r e q u i r e d b u t n o t o f f e r e d t o t h e o c c u p a n t o f t h e a c c e s s o r y
d w e l l i n g u n i t .
" W h e n t h e r e i s a c a r s h a r e v e h i c l e l o c a t e d w i t h i n o n e b l o c k o f t h e a c c e s s o r y d w e l l i n g u n i t .
3 . R e p l a c e m e n t P a r k i n g : W h e n a g a r a g e , c a r p o r t , o r c o v e r e d p a r k i n g s t r u c t u r e i s d e m o l i s h e d o r c o n v e r t e d i n
c o n j u n c t i o n w i t h t h e c o n s t r u c t i o n o f a n a c c e s s o r y d w e l l i n g u n i t , r e p l a c e m e n t p a r k i n g s h a l l n o t b e r e q u i r e d
a n d m a y b e l o c a t e d i n a n y c o n f i g u r a t i o n o n t h e s a m e l o t a s t h e a c c e s s o r y d w e l l i n g u n i t .
S e c t i o n X X X 4 X X X : P e r m i t R e q u i r e m e n t s
A D U s s h a l l b e p e r m i t t e d m i n i s t e r i a l l y , i n c o m p l i a n c e w i t h t h i s C h a p t e r w i t h i n 1 2 0 d a y s o f a p p l i c a t i o n . T h e
C o m m u n i t y D e v e l o p m e n t D i r e c t o r s h a l l i s s u e a b u i l d i n g p e r m i t o r z o n i n g c e r t i f i c a t e t o e s t a b l i s h a n a c c e s s o r y
d w e l l i n g u n i t i n c o m p l i a n c e w i t h t h i s C h a p t e r i f a l l a p p l i c a b l e r e q u i r e m e n t s a r e m e t i n S e c t i o n X X X 3 X X X X X , a s
a p p r o p r i a t e . T h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r m a y a p p r o v e a n a c c e s s o r y d w e l l i n g u n i t t h a t i s n o t i n
c o m p l i a n c e w i t h S e c t i o n X X X 3 X X X X a s s e t f o r t h i n S e c t i o n X X X 5 X X X X . T h e X X X X H e a l t h O f f i c e r s h a l l a p p r o v e
a n a p p l i c a t i o n i n c o n f o r m a n c e w i t h X X X X X X w h e r e a p r i v a t e s e w a g e d i s p o s a l s y s t e m i s b e i n g u s e d .
S e c t i o n X X X 5 X X X : R e v i e w P r o c e s s f o r A c c e s s o r y S t r u c t u r e N o t C o m p l y i n g w i t h
D e v e l o p m e n t S t a n d a r d s
A n a c c e s s o r y d w e l l i n g u n i t t h a t d o e s n o t c o m p l y w i t h s t a n d a r d s i n S e c t i o n X X X 3 X X m a y p e r m i t t e d w i t h a z o n i n g
c e r t i f i c a t e o r a n a d m i n i s t r a t i v e u s e p e r m i t a t t h e d i s c r e t i o n o f t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r s u b j e c t t o
f i n d i n g s i n S e c t i o n X X X 6 X X
S e c t i o n X X X G X X X : F i n d i n g s
A . I n o r d e r t o d e n y a n a d m i n i s t r a t i v e u s e p e r m i t u n d e r S e c t i o n X X X 5 X X X , t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r
s h a l l f i n d t h a t t h e A c c e s s o r y D w e l l i n g U n i t w o u l d b e d e t r i m e n t a l t o t h e p u b l i c h e a l t h a n d s a f e t y o r w o u l d i n t r o d u c e
u n r e a s o n a b l e p r i v a c y i m p a c t s t o t h e i m m e d i a t e n e i g h b o r s .
B . I n o r d e r t o a p p r o v e a n a d m i n i s t r a t i v e u s e p e r m i t u n d e r S e c t i o n X X X 5 X X X t o w a i v e r e q u i r e d a c c e s s o r y d w e l l i n g
u n i t p a r k i n g , t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r s h a l l f i n d t h a t a d d i t i o n a l o r n e w o n - s i t e p a r k i n g w o u l d b e
d e t r i m e n t a l , a n d t h a t g r a n t i n g t h e w a i v e r w i l l m e e t t h e p u r p o s e s o f t h i s C h a p t e r .
S e c t i o n X X X 7 X X X : D e f i n i t i o n s
( 1 ) " L i v i n g a r e a m e a n s t h e i n t e r i o r h a b i t a b l e a r e a o f a d w e l l i n g u n i t i n c l u d i n g b a s e m e n t s a n d a t t i c s b u t d o e s n o t
i n c l u d e a g a r a g e o r a n y a c c e s s o r y s t r u c t u r e .
( 2 ) " A c c e s s o r y d w e l l i n g u n i t " m e a n s a n a t t a c h e d o r a d e t a c h e d r e s i d e n t i a l d w e l l i n g u n i t w h i c h p r o v i d e s c o m p l e t e
i n d e p e n d e n t l i v i n g f a c i l i t i e s f o r o n e o r m o r e p e r s o n s . I t s h a l l i n c l u d e p e r m a n e n t p r o v i s i o n s f o r l i v i n g , s l e e p i n g ,
e a t i n g , c o o k i n g , a n d s a n i t a t i o n o n t h e s a m e p a r c e l a s t h e s i n g l e - f a m i l y d w e l l i n g i s s i t u a t e d . A n a c c e s s o r y
d w e l l i n g u n i t a l s o i n c l u d e s t h e f o l l o w i n g :
( A ) A n e f f i c i e n c y u n i t , a s d e f i n e d i n S e c t i o n 1 7 9 5 8 . 1 o f H e a l t h a n d S a f e t y C o d e .
( B ) A m a n u f a c t u r e d h o m e , a s d e f i n e d i n S e c t i o n 1 8 0 0 7 o f t h e H e a l t h a n d S a f e t y C o d e .
( 3 ) " P a s s a g e w a y " m e a n s a p a t h w a y t h a t i s u n o b s t r u c t e d c l e a r t o t h e s k y a n d e x t e n d s f r o m a s t r e e t t o o n e e n t r a n c e
o f t h e a c c e s s o r y d w e l l i n g u n i t .
2 7
(4) (1) "Existing Structure " for the purposes of defining an allowable space that can be converted to an ADU means
within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely
habitable under local building codes at the determination of the building official regardless of any non-compliance
with zoning standards.
28
Att achm ent 3 : S ample JADU Ordin a nce
(LIIypad Homes at http://lilypadhomes.orgl)
Draft Junior Accessory Dwelling Units (JADU) -Flexible Housing
Findings:
1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and
low supp ly of affordable homes for rent or purchase, and the difficulty, given t he current social and economic
environment, in building more affordable housing
2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling
units that allows spare bedrooms in homes to serve as a flexible form of infill housing
3. Endangerment: Provisions cur rently required under agency ordinances are so arbitrary, excessive, or
burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging
homeowners to bypass safety standards and procedures that make the creation of these un its a benefit to the
whole of the community
4. Co-Benef its: Homeowners (pa rti cu larly retired seniors and young fam il ies, groups th at t end to have the lowest
incomes)-generating extra revenue, allowin g people facing unexpected f inancial obstac les to remain in their
homes, housing parents, ch ildren or careg ivers; Hom ebuyers -providing rental in come w hi c h aids in mortgage
qualification under new government guidelines; Renters-creating more low-cost housing options in the
community where they work, go to school or have family, also reducing comm ute time and expenses;
Municipalities -helping to meet RHNA goals, in creas ing property and sales tax revenue, insuring safety
s tanda rd code compliance, providing an abundant source of affordable housing with no additional
infrastructure needed; Community-housing vital workers, decreasing t raffic, creating economic growth both in
the remodeling sector and new c ustomers for local businesses; Planet -reducing carbon emiss ions, using
resources more efficiently;
5. Benefits of Junior ADUs: offer a mo re affordable housing opt ion to both homeowners a nd rente rs , creating
economically healthy, diverse, multi-generational commu nities;
Therefore, the following ordinance is hereby enacted:
This Section provides standards for the establishment of junior accessory dwelling un its, an alternative to the
standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of
2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the
fact that junior accessory dwelling units do not qualify as "complete independent living facilities" given that the
interior connection from the junior accessory dwelling unit to the main living area remains , therefore not redefining
the single-fam ily hom e status of the dwelling unit.
A) Development Standards. Junior accessory dwelling units sha ll comp ly wit h th e following standards, including
the sta nda rds in T able below:
1) Number of Units Allowed. On ly one accessory dwelling unit or, junior accessory dwelling unit, may be
located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or
restricted by an adopted Master Plan o r Precise Development Plan. A j un ior accessory dwelling unit may
only be located on a lot which a lready conta in s one legal single-family dwelling .
2) Owner Occupancy : The owner of a parcel proposed for a junior accessory dwell ing un it shall occ upy as a
principal res idence either the primary dwelling o r the accessory dwelling , except whe n the home is held by
an age ncy such as a land trust or housing organizatio n in an effort to create affordab le housing.
3) Sale Prohibited: A junior accessory dwe llin g unit shall not be sold independently of t he p rima ry dwelling on
the parcel.
29
4) Deed Restriction: A deed restriction shall be completed and reco rded, in compliance with Section 8 below.
5) Location of Junior Accessof}' Dwelling Unit: A junior accessory dwelling unit must be created within the
existing walls of an existing primary dwelling, and must include conversion of an existing bedroom .
6) Separate Entf}' Required: A separate exterior entry shall be provided to serve a junior accessory dwelling
unit.
7) Interior Entf}' Remains: The interior connection to the main living area must be maintained, but a seco nd
door may be added for sound attenuation.
8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and
limited to the following components:
a) A sink with a maximum waste line diameter of one-and-a-half (1 .5) inches,
b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and-
twenty (120) volts or natural or propane gas, and
c) A food preparation counter and storage cabinets that are reasonable to size of the unit.
9) Parking : No additional parking is required beyond that required when the existing primary dwelling was
constructed.
Development Standards for Junior Accessory Dwelling Units
SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS
Maximum unit size 500 square feet
Setbacks As required for the primary dwelling unit
Parking No additional parking required
B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction,
approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the
pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed
restriction shall run with the land , and shall be binding upon any future owners, heirs, or assigns. A copy of the
recorded deed restriction shall be filed with the Department stating that:
1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;
2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development
standards;
3) The junior accessory dwelling unit shall be considered legal only so lo ng as either the primary residence,
or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is
owned by an agency such as a land trust or housing organization in an effort to create affordable housing;
4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance
with this provision may result in legal action against the property owner, inclu d ing revocation of any right to
maintain a junior accessory dwelling unit on the property.
C) No Water Connection Fees: No agency should require a water connection fee fo r the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
may be assessed .
30
D) No Sewer Connection Fees: No agency shou ld requ ire a sewer connection fee for the development of a junior
accessory dwelling unit. An inspection f ee t o co nfirm th at the d well ing un it complies wi th development sta ndard
may be assessed.
E) No Fire Sp rinklers and Fire Attenuation: No agency s ho uld require fire sprinkler or fire attenuation
specifications for the development of a junior accessory dwelling unit. An ins pect ion fee to confirm that the
dwelling unit complies with development standard may be assessed.
Definitions of Specialized Terms and Phrases.
"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living , sleeping,
eating, cooking, and sanitation on the same parcel as the single -family dwelling is situated. An accessory dwelling_
unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely
within an existing single-family structure. A junior a ccessory dwelling unit may include separate sanitation fa cil ities,
or may share sanitation facilities with the existing stru cture.
31
Attachment 4 : State Standards Check li st (As of January 1, 2017)
GOVERNMENT
YES/NO STATE STANDARD* CODE SECTION
Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(i)
rented.
Lot is zoned for single-family or multifamily use and contains an exist ing , single-65852.2(a)(1 )(D))ii)
family dwelling .
Accessory dwelling un it is either attached to the e x isting dwelling o r located 65 852 .2{a)(1 )(D)(iii
within the living area of the existing dwelling or detached from the existing )
dwelling and located on the same lot as the existing dwelling.
Increased floor area of an attached accessory dwelli ng unit does not exceed 50 65852.2 (a)(1 )(D)(i v
percent of the existing living area, with a maximum increase in floor area of )
1,200 square feet.
Total area of floor space for a detached accessory dwelling unit dies not exceed 65852.2(a)(1 )(D)(v
1,200 square feet. )
Passageways are not required in conjunct ion with the construction of an 65852 .2(a)(1 )(D)(vi
accessory dwelling unit. )
Setbacks are not required for an existing garage that is converted to an 65852.2(a)(1 )(D)(vi
accessory dwelling unit, and a setback of no more than five feet from the side i)
and rear lot lines are not required for an accessory dwelling unit that is
constructed above a garage.
(Local building code requirements that apply to detached dwell ings are met, as 65852.2(a)(1 )(D)(vi
appropriate. ii)
Local health officer approval where a private sewage disposal system is being 65852.2(a)(1 )(D)(i x
used, if required . )
Parking requirements do not exceed one parking space per unit or per bedroom . 65852.2 (a)(1 )(D)(x
These spaces may be provided as tandem parking on an existing d ri veway. )
*Other requirements may apply. See Government Code Section 65852.2
32
Attachment 5: Biblio graphy
Reports
ACCESSORY DWELLI NG UNITS: CASE STUDY (26 pp .)
By United States Department of Housing and Urban Development, Office of Po licy Development a nd Research.
(2008)
Introduction : Accessory dwelling units (ADUs)-also referred to as accessory apartments, ADUs, o r granny flats
-are add itional living quarters on single-family lots that are independent of the primary dwelling unit. The
separate livi ng spaces are equipped with kitchen and bathroom fa cili ties, and can be either attached or detached
from the main residence. This case study explores how the adoption of ord inances , with reduced regu latory
restrictions to encourage AD Us, can be advantageous for communities. Following an explanation of the various
types of ADUs and their benefits, this case study provides examples of municipal ities with successful ADU
legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwellin g Units; Benefits of
Accessory Dwelling Units; and Examples of ADU Ordinances and Programs .
T HE MACRO VIEW ON M ICRO UNITS (46 pp.)
By Bill Whitlow, et al.-Urban Land Institute (2014)
Library Call#: H43 4.2 1 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013
to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
RESPONDING TO CHANG IN G HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory
Dwelling U nits (76 pp.)
By Vicki Been, Benjamin Gross , and John lnfranca (2014)
New York University: Furman Center for Real Estate & Urban Policy
Library Call# 055 3 147 2014
This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of
the regulatory and other challenges to developing both ADUs and micro-units , focusing on five cities: New York;
Washington, DC; Austin ; Denver; and Seattle . That analysis will be helpfu l not only to the specific jurisdictions we
study , but also can serve as a model for those who what to catalogue regu lations that might get in the way 9f the
development of compact units in their own jurisdictions . Seco nd , as more loca l governments permit or encourage
compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.
SCALING UP SECONDARY U NIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications
(2 5 pp.)
By Jake Webmann, Alison Nemirow, and Karen Chapple (2012)
UC Berkeley: Institute of Urban and Reg iona l Development (IURD)
Library Call # H44 1.1 S33 2012
This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages,
might be built in the East Bay, focusing on the Flatlands portions of Berkeley, El Cerrito, and Oakland. We then
investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth,
alternative transportation, the economy, and city budgets. A f inal section details policy recommendations, focusing
on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as
promoting carsharing programs, educating residents, and providing access to finance.
33
SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call# D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in
particular, with an eye towards understanding the similarities and differences between infill as it is more
traditionally understood-i.e., the development or redevelopment of entire parce ls of land in an already urbanized
area -and the incremental type of infill that secondary unit development consti tutes .
YES , BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp .)
By Alison Nemirow and Karen Chapple (2012)
UC Berkeley: IURD
Library Call# H44.51 .1 Y47 2012
This paper begins with a discussion of how to determine the development potential for secondary un its, and then
provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under
current regulations. The next two sections examine key regulatory barriers in detail fo r the five cities in the study
(Albany, Berkeley, El Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements , and
procedural barriers . A sensitivity analysis then determines how many units could be built were the regulations to be
relaxed.
YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.)
By Karen Chapple, J . Weigmann, A. Nemirow, and C. Dentei -Post (2011)
UC Berkeley: Center for Community Innovation .
Library Call# B92 1.1 Y 47 2011
This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can
city regulations best enable their construction? And second, what is the market for secondary units? Because
parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative
transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the
San Francisco Bay Area (Figure 1) --Oakland, Berkeley, Albany, El Cerrito, and Richmond--focusing on the
areas within % mile of five Bay Area Rap id Transit (BART) stations.
Journal Articles and Working Papers:
BACKYARD HOMES LA (17 pp.)
By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010)
Regents of the University of California, Los Angeles.
City Lab Project Book.
DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)
By William P. Macht. Urbanland online. (June 26, 2015)
Library Location: Urbanland 74 (3/4) March/April2015, pp. 154-161.
34
GRANNY FLATS GAINING GROU ND (2 pp.)
By Brian Barth. Planning Magazine: pp . 16-17. (April2016)
Library Location: Serials
"H IDDEN" DENSITY: T HE POTENTIAL OF SMAL L-SCALE INF ILL DEV ELOPMENT (2 pp .)
By Karen Chapple (2011)
UC Berkeley: IURD Policy Brief.
Library Call # 044 1.2 H53 2011
California's implementation of SB 375 , the Sustainable Communities and Climate Protection Act of 2008, is putting
new pressure on communities to support infill development. As metropolitan planning organizations struggle to
communicate the need for density, they should take note of strategies that make increasing density an attractive
choice for neighborhoods and regions .
H IDDEN DENS ITY IN SINGLE-FAMILY NE IG HBORHOODS: Backyard cottages as an equitable smart
growth strategy (22 pp.)
By Jake Wegmann and Karen Chapple . Journal of Urbanism 7(3): pp. 307-329. (2014)
Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family
residential properties, constitute a frequently overlooked strategy for urban infill in h igh-cost metropolitan areas in
the United States. This study, which is situated within California's San Francisco Bay Area , draws upon data
collected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled-up strategy
emphasizing one type of secondary unit-the backyard cottage-could yield substantial infill growth with minimal
public subsidy. In addition , it is found that this strategy compares favorab ly in terms of affordability with infi ll of the
sort traditionally favored in the 'smart growth ' literature, i.e. the construction of dense multifamily housing
developments.
RETHINKING PR IVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
ADUS AND LOS ANGELES ' BROKEN PLANN ING SYSTEM (4 pp.)
By CARLYLE W . Hall. The Planning Report. (April26, 2016).
Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units.
News:
HOW ONE COLORADO C ITY INSTANTLY CREATED AFFORDABLE HOUSING
By Anthony Flint. The Atlantic-CityLab. (May 17, 2016).
In Durango, Colorado, zoning rules were changed to allow, for instance, non-fam ily members as residents in
already-existing accessory dwelling units.
NEW HAMPSH I RE W INS PROTECTIONS FOR ACCESSORY DWELLING UN ITS (1 p.)
NLIHC (March 28, 2016)
Affordable housing advocates in New Hampshire celebrated a significant v ictory th is month when Governor
Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory
35
dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their
municipalities . The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.
NEW I N-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO . (3 pp.)
By Rob Poole. Shareable . (June 10 , 2014).
The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support
accessory dwelling units (ADUs), also known as "i n-law" or secondary units , in the city ...
USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)
By Michael Ryan . Smart Growth America. (December 12, 2014).
36
ATTACHMENT 3 m
ORDINANCE NO . 17-1022-
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ATTACHMENT D-3
ORDINANCE NO. 17-1022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1
OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO
THE REGULATION OF ACCESSORY DWELLING UNITS AND
AMENDING TITLES 5 AND 9 OF THE TEMPLE CITY
MUNICIPAL CODE TO MAKE ADMINISTRATIVE CHANGES
WHEREAS, The City of Temple City ("City") has adopted a General Plan to ensure a well-
planned and safe community; and
WHEREAS , Protection of public health, safety, and welfare is fully articulated in the
General Plan; and
WHEREAS, State law requires that the City's zoning ordinance, found at Title 9, Chapter 1
of the Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and policies;
and
WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it into
conformity with State law and to address public health, safety, and welfare concerns that have
arisen since the last update of the ordinance; and
WHEREAS, Assembly Bill 2299 and Senate Bill 1069 amended California Government
Code Sections 65852.1 and 65852 .2 pertaining to accessory dwelling units and authorizes local
agencies to adopt an ordinance that complies with the new standards; and
WHEREAS, the City currently regulates adult-oriented businesses and this Ordinance
further makes administrative and non-substantive changes to certain adult-oriented business
provisions solely for the purpose of reorganizing the TCMC; and
WHEREAS, On April 18, 2017 and June 20, 2017, the City Council held noticed public
hearings and on June 20, 2017, introduced for first reading by title only Ordinance No . 17-1022,
amending Title 9, Chapter 1 of the Temple City Municipal Code Pertaining to the Regulation of
Accessory Dwelling Units; waived further reading; and scheduled a second reading and adoption
of the ordinance for July 5, 2017 .
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: The definition of "SECOND UNIT" in Section 9-1A-9 of the TCMC is hereby
amended to read as follows, and the definition is relocated within the section to maintain
alphabetical order.
SeGGND UNIT Accessory Dwelling Unit: AA-attaGtled-GH;IetaGAeG--residential dwelling unit that
may be attached to the main dwelling. located within the living area of the main dwelling, or
detached from the main dwelling. which provides complete independent living facilities for one
or more persons. It &AaU must include permanent provisions for living, sleeping, eating , cooking
and sanitation, and be located on the same parcel as a single -family dwelling.
Ordinance No. 17-1022
Page 2 of 5
SECTION 2: The definition of "GUESTHOUSE" in Section 9-1A-9 of the TCMC is hereby deleted I
in its entirety .
SECTION 3: Section 9-1 E-1 .8 of the TCMC (Minor S ite Plan Review) is hereby amended to read
as follows :
1. New two-story single-family residences or additions above the first story to a single -family
residence that are not part of an accessory dwelling unit;
SECTION 4: Section 9-1E-7.C of the TCMC (Zoning Clearance) is hereby amended to read as
follows:
C . Applicability: Zoning clearances are not considered discretionary for purposes of the
California Environmental Quality Act (CEQA). A zoning clearance shall be required at the time
of department review of any building , grading or other construction permit, or other authorization
required by this zoning code for the proposed use . The following construction is subject to a
zoning clearance:
1. All single -story, new, single-family residences;
2. Single-story additio ns to single -family residences;
3. Single-story accessory structures ;
4. Accessory dwelling units including second story units ;
5. 4.-All fences and walls;
6 . &:. All pools, spas , and their re lated equipment;
7 . 9-:-AII residential patio covers;
8 . +-:Any proposed demolition, where new construct ion is not proposed ; I
~. R All commercial , industrial, mi xed use, and institutional tenant improvements, provided no
exterior changes are proposed ;
10.9 Any other construction that requires a build ing permit but does not require a major or minor
site plan review.
SECTION 5: Section 9 -1F-10. of the TCMC (Conditional Use Permit) is hereby amended to
exempt accessory dwelling units from requiring a conditional use permit. The remaining items in
the list are not amended .
A. Any detached accessory building, except for an accessory dwelling unit. ove r five hundred
(500) square feet in size. eF-WReAever there-is-mere than f-ive-RI:!AGreG-faGGt-s<:tlla Fe feet ef
accessory--lwHGffig space on a lot, whether in one--9Widing or multiple buildings.
SECTION 6: Section 9-1J-2 of the TCMC (Parking Spaces Required) applicable to "Second Unit"
and "Guesthouse" uses are hereby amended to read in part as follows. The rema ining rows of the
table are not amended.
9-1J-2: PARKING SPACES REQUIRED :
The off street parking spaces required for each use permitted by this chapter, shall be not less
than the following, provided that in no case shall there be less than three (3) spaces pe r
commercial or manufacturing unit and further provided that any fractional parking space shall be
computed as a whole: I
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Ordinance No . 17-1022
Page 3 of 5
Use
Accessor~ Dwelling Un it
Sewne ~:~nit
G~:~estfle~:~se
I Number of Off Street Parking Spaces Required
2 parkin~ces , each of wAich shall be in a gaFag&.-Saia
f*lFking may-be-in--taneem-:-See Section 9-1 T -10.
I ~-Ge&;-<>aGIH>HWliG~ s~all ~e iR a gaFa!je,-Sai~
~g-may-Ge-in--taneenr.-
SECTION 7: Section 9-1M-10.B (Zone R-1 Permitted Uses) of the TCMC is hereby amended to
add the following as an accessory use:
Accessory Dwelling Units subject to the requirements of Section 9-1T-1 0.
SECTION 8: Section 9-1M-11 .B (Zone R-1 Limitations of Uses) of the TCMC is hereby amended
to read as follows :
Accessory Structures: Accessory structures must be lim it ed to one per lot, including accessory
dwelling units, pool houses, workshops, shed, and the like, but not including required garages. On
lots improved with a main dwelling that is greater than or equal to 1.280 square feet , the maximum
area for accessory structures on a lot -excluding required parking -must not exceed 1 ,800 square
feet or 50 percent of the living area of the main dwelling, whichever is smaller. On lots improved
with a main dwelling that is less than 1.280 square feet. the maximum area for a ll accessory
structures on a lot -excluding required parking -must not exceed 640 square feet.
SECTION 9: Section 9-1 M-20 .A (Zone R-2 Permitted Uses) of the TCMC is hereby rep laced to
read as follows.
3 . Accessory dwelling units are permitted as set forth in Section 9-1 T -10.
SECTION 10: Section 9-1M-30.A.2 .c (Zone R-3 Permitted Uses) of the TCMC is amended as
follows :
c. Accessory dwelling units are perm itted as set forth in Section 9-1T-10 of this article .
SECTION 11: A new Section 10, entitled Accessory Dwelling Units, is hereby added to Title 9,
Chapter 1, Article T of the TCMC, as set forth in Exhibit "A" to th is ordinance, which is incorporated
herein by reference.
SECTION 12: Section 9-1T-3 of the TCMC is hereby re-numbered to read as follows :
• Subsections A through R under Section 9-1T-3 shall be made subsections of a new section
9-1T-3.A (Findings) and shall be relabe led as subsections 1 through 18.
• Existing section 9-1T-3.1 shall become 9-1T-3.B
• Existing section 9-1T-3.2 shall become 9-1T-3.C
• Existing section 9-1T-3.3 shall become 9-1T-3.D
• Existing section 9-1T-3.4 shall become 9-1T-3.E
• Existing sect ion 9-1T-3.5 shall become 9-1T-3.F
Ordinance No. 17-1022
Page 4 of 5
All subsections under 9-1 T -3 shall be relabeled appropriately -exist ing letters A through Z
shall become 1 through 26 ; 1 through 26 shall become a through z .
SECTION 13: Sect ions 9-1T-3.6 through 9-1T-3 .29 inclus ive are hereby relocated to T itle 5,
Chapter 2 . A new Article F is hereby added to Title 5 , Chapter 2. All subsections under 5-2F shall
be relabeled appropriately -existing letters A through Z shall become 1 through 26; 1 through 25
shall become a through z ; a through z shall become i through x.
SECTION 14: Projects that have been subm itted, but not deemed com pl ete , prior to t he effective
of this Ordinance shall comply with the provisions of this Ordinance. This Ordinance does not
apply to projects deemed complete prior to the effective date of this O rdina nc e.
SECTION 15: The City Council hereby declares that, should any provision, section, subsection ,
paragraph, sentence, clause, phrase , or word of this Ordinance or any p art the reof, be rendered or
declared invalid or unconstitutional by any final court action in a court of competent jurisd iction or
by reaso n of any preemptive legislation, such decision or action sha ll not affect the va li dity of the
remaining section or portions of the Ordinance or part thereof. The City Council hereby declares
that it would have independently adopted the rema ining prov isions, sections, subsect ions ,
paragraphs, sentences, clauses, phrases, or words of this Ordinan ce irrespective of t he fa ct that
any one or more provisions, sections, subsections , paragraphs, sentences, clauses, phrases , or
words may be declared invalid or unconstitutional.
SECTION 16: The City Counc il finds that this Ordinance is not subje ct to environmental review
under the California Environmental Qual ity Act ("CEQA") pursuant to CEQA Gu ide lines Secti on
15305 pertaining to minor alterations to land use limitations and Section 15061(b)(3) because it
can be seen with certainty that the Ordinance has no possib ility of a s ignificant effect on the
environment.
SECTION 17: The City Clerk shall cert ify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be publ ished according to law.
PASSED , APPROVED, AND ADOPTED this 5th day of July, 20 17 .
ATTEST:
Pe~tmty~
--~----------------~----------------------~~--------------------
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Ordinance No . 17-1022
Page 5 of 5
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
17-1022 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 201h day of June, 2017 , and was duly passed, approved and adopted by said Council at the
regular meeting held on 5th day of July, 2017 by the following vote :
AYES:
NOES:
ABSENT:
ABSTAIN :
Councilmember-Chavez, Fish, Yu , Man, Sternquist
Councilmember-None
Councilmember-None
Council member-None
PYf4 1 ~
Peggy Kuo, City Clerk
,----~-----------~
EXHIBIT A
A new Section 10 is hereby added to Article T of Chapter 1 of Title 9 of the Temple City
Municipal Code, to read as follows:
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ARTICLE T. SPECIAL USES
SECTION 10. ACCESSORY DWELLING UNITS
A. Applicability: Accessory dwelling units will be permitted in all res idential zones subject to the
requirements of this Section .
B. Development Standards:
1. Any accessory dwell ing unit, whether attached , detached, or located w ith in an exi sting
dwelling is calculated toward the maximum permitted floor area ratio and lot coverage.
Construction must be in full compliance with all applicable zoning criteria found in Article
M (Residential Districts), except as modified by this Section.
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2. The lot ·on which the accessory dwelling unit is located must be improved w ith one I
single -family dwelling. An accessory dwelling unit is not allowed on lots w ith more than
one single family dwelling, multifamily dwellings , an existing accessory dwelling unit, or
other nonconforming uses .
3 . The single -family dwelling will be owner occupied .
4 . The accessory dwelling unit may not be sold separately from the single-fam ily dwelling ,
but may be rented for periods of not less than 30 days .
5. An accessory dwelling unit may be detached, attached , or located within the living area
of the main dwelling or another accessory structure.
a . If the accessory dwelling unit is detached , it must comply w ith the size limitations for
accessory structures in Section 9-1 M-11 and must not exceed 1,200 square feet and
must be single-story. The maximum height of the structure must not exceed 18 feet,
measured from the natural grade to the highest roof ridge or parapet. The height of
the top plate must not exceed nine feet.
b. If the accessory dwelling unit is attached or located with in the main dwelling , it must
not exceed a size equal to 50 percent of the main dwelling, with a maximum floor
area of 1,200 square feet.
6. All accessory dwelling units must be located on the rear 50 percent of the lot. I
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Ordinance No. 17-1022
Exhibit A
Page 2 of 3
7. The minimum side yard setback for a newly constructed detached accessory dwelling
unit is five feet.
8 . The minimum rear yard setback for a newly constructed detached accessory dwelling
unit is 10 feet.
9 . The existing side and rear yard setback may be maintained for an existing garage or
other permitted existing accessory structure that is converted to an accessory dwelling
unit .
10 . An addition to a legally non-conforming accessory structure for the purpose of creating
an accessory dwelling unit shall comply with the provisions found in Section 9-1 H-8
(Additions to Nonconforming Structures).
11 . The accessory dwelling unit may share utility connections and meters with the main
dwelling , or may be separately connected and metered . Utilities must be upgraded as
deemed necessary by the Building Official to comply with the applicable codes, including
but not limited to sewer laterals, electrical service panels, and water service .
12 . Accessory dwelling units are subject to park construction fees per Section 9-5-2 .
C. Parking Requirements:
1. Detached accessory dwelling units will provide one parking space per bedroom. The
following standards will apply :
a. Parking may be in tandem in a structure or on a driveway.
b. It may be located in the side and rear setback areas when a five-foot landscaped
buffer is provided between the nearest property line and the parking area.
c. The required parking for a detached accessory dwell ing unit must be independent
from required parking for the existing main dwelling and must not block access to the
required park ing for the main dwelling .
2. Accessory dwelling units attached to, or located within the main dwelling , or an
accessory structure legally constructed prior to the adoption of this code do not require
parking .
3. When a garage or carport is converted or demolished in conjunction with the
construction of an accessory dwelling unit, the replacement spaces may be located in
any configuration on the same lot , including , but not limited to , as covered spaces,
uncovered spaces , or tandem spaces , or by the use of mechanical automobile parking
lifts .
4. No parking is required for a detached or attach ed accessory dwelling unit in any of the
following circumstances:
Ordinance No . 17-1022
Exhibit A
Page 3 of 3
a. The accessory dwelling unit is located within one-half mi le of a park and ride facility or I
a bus stop, which operates regularly with headways of fifteen minutes or less.
b. The accessory dwelling unit is located within a designated historic district.
c. When on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
d . When there is a car share vehicle hub or pick-up location located within one block of
the accessory dwelling unit.
D. Design Standards: The following design standards will apply to all accessory dwelling units :
1. The doors to all accessory dwelling units must not be visib le from the pub li c right-of-way.
If the accessory dwelling unit is located on the second floor of the main dwelling , the
stairs leading to the unit must be located on the interior of the structure.
2 . All attached and detached accessory dwelling units must have 15-gallon hedges planted
5 feet on center along the side and rear property lines nearest the structure . This is not
required for the conversion of an existing structure to an ADU if the setbacks are less
than five feet.
3 . An attached and detached accessory dwelling units must have a view obscuring six-foot
high wall or fence in good repair along the side and rear property lines nearest the I
accessory dwelling units .
4 . There must be a minimum of 400 square feet of open space fo r the accessory dwelling
unit with dimensions of no less than 10 feet. The open space w ill be accessible to the
accessory dwelling unit. Features such as landscape and hardscape materia ls , swales ,
mounds, and garden walls will be used to create open space that is distinct from other
areas and uses on the lot.
5. There must be a minimum building separation of ten feet (measured eave to eave) from
any other buildings on the lot and a five-foot distance from pools, spas, or the like.
6. All accessory dwelling units must be consistent with the architectural style of the main
dwelling including but not limited to the roof pitch, articulation , window size , proportion of
window units to wall size, direction of opening, muntin pattern, exterior building
materials, lighting fixtures, garage door design, and paint colors .
I
ATTACHMENT 4 m
PLANNING COMMENT LETTER DATED Iii
AUGUST 8 , 2017
ATTACHMENT D-4
City of Temple City
PLAN REVIEW COMMENTS
FOR SITE PLAN REV I EWS AND ZO NING CLEARANCES
PROJECT INFORMATION
File No(s): PL 17-879, 5813 Myda Avenue
Appl icant: Rick Kuo
(626) 215-0118 rkuo8@yahoo.com
Descripti on: Convert ex isting detached st ructu re into an Accessory Dwelling Uni t
Revision No.: First submittal
Date: August 9, 2017
Project Planner: Adam Gulick, Associate Planner
(626) 656-7316, ext. 4313
agulick@templecity.us
Planning Division Comments: Please return marked up plans with revised set.
1. Based up on City building permit and Los Angeles Co unty Tax Assessor Records (see attached),
there is no record of a building permit being issued, inspected, or fina l ed for t he build ing area
attached to the detached garage. Si nce the building was not legally constructed, it is not eligible to
co nvert to an Accessory Dwe lli ng Unit. There are two options for th is area:
a. It can rema in as non-living area (s torage, workshop, etc.) w ith planning and building
approvals and necessary permits. Please note the area needs t o comply w ith all of the cu rrent
p lannin g and building regulations. You w ill need to provide drawings of the proposed non-
li v i ng area. N o plumbin g or gas hookups are all owed in detached accessory structures, un less
approved by the Planning Comm iss io n. You would need to apply for a Conditional Use
Perm it, wh ich require s additi o nal copies of the plans, ma i ling labe ls, and paying the
appl ication fee. You also need t o demonstrate why t he plumbing or gas hookups are needed
(e.g., bath room for pool house, etc.)
b. The area needs t o be demolished, which requires a miscellane ous perm it. The misce ll aneous
permit provides a record that the unpermitted area was removed and verified by the building
inspector.
9701 LAS TUNAS DR I VE, TEMPLE CITY, CA 9 1 780
T: 626.285 .217 1 F : 626.285.8192
WWW .TE MP LEC ITY.US
ATTACHMENT 5 m
PLANNING INCOMPLETE LETTER DATED •
NOVEMBER 27, 2017
ATTACHMENT D-5
City of Temple City
APPLICATION REVIEW
IN AC T IVE LE T TER
November 27, 2017
Rick Ku o
5813 Myda Avenue
Temple City, California 91780
SUBJECT: INACTIVE LETTER FOR FILE NO. PL 17-879, A ZONING CLEARANCE FOR AN
ACCESSORY DWELLING UNIT AT 5813 MYDA AVENUE
Dear Mr. Kuo,
On July 24, 2017, an appli cation was submitted for a zoning clearan ce for a new access o ry dwelling
unit at 5813 Myda Aven ue. On August 9, 2017, I provided comments/co rrections to you by email and
indicated th at your project was incomplete (see attached comment letter).
The project remains incomplete sin ce it is over 90 days since my comment/correction letter was
emailed to you and revised plans have not been submitted for this p roject. To keep this application
active, rev ised plans must be submitted w ithin 30 days of this letter. Failure to submit plans by
Wednesday, December 27, 20 17, t his project w ill be withdrawn by the Cit y and t he case will be closed.
Sho uld you have any questions concerning the process ing or sta t us of your applicat i on, plea se contact
me at (626) 656 -73 16, extension 4313.
Si n cerely,
Adam Gu li ck
Associate Planner
En closure(s):
Correction/comment Let t er, August 9, 2017
97 01 LA S T U NAS DR IVE, TE M P LE C IT Y , CA 9 1 780
T : 626.285.2171 F : 626.285.8 1 92
WWW.TE MP LEC I TY .U S
ATTACHMENT 6 m
PLANNING DENIAL LETTER DATED •
JANUARY 18, 2018
ATTACHMENT D-6
City of Temple City
APPLICATION REVIEW
January 18, 2018
Rick Kuo
5813 Myda Avenue
Temple City, California 91780
SUBJECT: DENIAL LETTER FOR FILE NO. PL 17-879, A ZONING CLEARANCE FOR AN
ACCESSORY DWELLING UNIT AT 5813 MYDA AVENUE
Dear Mr. Kuo,
On July 24, 2017, an application was submitted for a zoning clearance for a new acc essory dwelling unit at 5813
Myda Avenue. On August 9, 20 17, Associate Planner Gulick provided to you the attached "Plan Review Comments."
On November 27, 2017, Mr. Gulick sent you a letter stating that rev ised plans had not been submitted and that the
application would be withdrawn if revised plans were not resubmitted by December 27. On December 8, you
responded to me that you did not agree with this and you wished to kee p the application ac tive. This spurred an
exchange of emails that continued into January of 2018 .
The following relevant questions need to be addressed prior to action being taken on this case.
1. Does the project need to comply with the State's Accessory Dwelling Unit (ADU) law or the City's
Zoning Code?
It must comply with the City's Zoning Code. Thls application was not deemed complete prior to the effect ive
date of the City's Ordinance. Government Code Section 65852.2 went into effect on January 1, 2017. The
Ci ty Council ofTemple City adopted Ordinance 17-1022 on July 5, 2017 wh ic h provided the City's standards
for ADUs. Sect ion 14 of that Ordinance states the following, "Projects that have been submitted, but not
deemed complete prior to the effective date of this Ordinance sha ll comply with the provisions of this
Ordinance. This Ordinance does not apply to projects deemed complete prior to the effective date of this
Ordinance." This application was submitted on July 24, 2017, after t he City's Ordinance had b ee n approved,
but before it became effective. The Ord inance became effective on August 5, 2017. On August 9, Mr. Gulick
subm itted the attached Plan Review Comments, w hich stated that additional items were ne cessary to move
forward with the application. Furthermore, Mr. Gulick stated in the Inactive Letter dated November 27, 20 17
that the application was in complete. Since the application was not comp lete prior August 5, 2017, the City's
Ordinance applies to this application.
While the term "complete" under Ordinance 17-1022 is not defined, the City is permitted to evaluate when
an applica tion is missing items neces sa ry for further review, and how the application is not yet complete, as
the City did so here. ·
9701 LA S T UNA S DRIVE , TEMPLE C I TY , CA 91780
T: 6 26.285.2 1 7 1 F: 626.285.8 1 92
WWW.TEMPLECITY.US
2. Does the project comply with the State's ADU law found in 65852 .27
No. Government Code Section 65852.2(b) states that a local jurisdictio n is to apply the State's Code
"mini sterial ly, wit hout discretionary review" if it receives an application before adoption of a loca l ADU
ord inance. As suc h, the accessory structure is either in compliance or not at the tim e of th e application.
Th e resul t of this is th at one of the ministerial standards found in 65852.2 -that being "local building code
requ irements that apply to detached dwellings" -cannot be met. Because this standa rd cou ld not be met,
the August 9, 2017, correspo nd ence indicated how the application is not curren tly comp le te, especially
because it requests additional plans and drawings before the proposed structure co uld be processed.
3. Does the project comply with the City's Zoning Code?
No. Section 9 -1T-10 states that a new ADU must have a t en-foot rear yard setback. The proposed rear
yard se tback in this case is six feet, 2 inch es. The existi ng stru cture was not co nstruct ed with a bu ilding
permit and therefore is cons idered "new."
4. Does the City have to approve the application based on the Permit Streamlining Act or Government
Code Section 65852.2?
No . The Permit Stream lining Act does not app ly to ministerial projects (Government Code 65298). Th ese
are projects which do not involve the exe rcise of governmental discretion. The State's ADU law clear ly states
th at ADU applications are ministerial in nature. In relation to Government Code Section 65852.2 , the Ci ty
"sha ll approve or disapprove t he application ministerially without d iscretionary review pursuant t o
subd ivision (a) within 120 days after rece ivin g the app lication." Within the 120-day period th e Ci ty co ntac t ed
you, th e applicant, tw ice . The first time to co nvey a set of comments and seek add iti ona l submittals. The
second time to warn you that the application wou ld be wi t hdrawn if a revised submittal was not made. In
yo ur ema il dated December 8, 2017, you protested thi s. Consequently, the City has refr ained from denying
the application pending further conversati ons . This letter is to inform yo u that the City has co nsidered t he
app li cation, your arg um ents, the app li cab le lo cal and State laws, and is denying the app li catio n.
I acknowledge t hat you have asked me to provide res ponses to your questions rai sed on December 8. These
questions are not relevant to whether this app li cation shou ld be app rov ed or d enied, and were answered in an emai l
I sent you on December 14 .
Since this app lication is not in con formanc e with the Sta t e ADU law or the loca l Zon in g Code, this app li ca t ion is
denied. This decision can be appea led to the Planning Comm iss ion . Appeals must be filed with the City Clerk by
noon on th e fifteenth day fo ll ow in g th e date of this letter. The appea l fee is $1,078. Alt ernat ivel y, you may re submit
an appl ication t ha t comp li es with the Ci ty's Zoni ng Code.
Shou ld you have any additiona l questions or comments please do not hes itate to contact me at
sreimers@templecity.us or (626) 656 -73 16.
Sin ce rely,
~~
Scott Reimers
Pl anning Manager
cc: Michael D. Forbes, Co mmunity Deve lopment Director
PA GE 2 O F 3
Adam Gulick, Associate Planner
File PL 17-879
Enclosures: Correction/Comment Letter, August 9, 201 7
Inactive Letter, November 27, 2017
Ordinance 17-1022
PAGE 3 0F3
ATTACHMENT E
CITY OF TEMPLE CITY
PLANNING COM MISSION MIN UTES
REGULAR MEETING
Tuesday, April 10, 2018, 7:30 P.M.
City Counc i l Chambers, 5938 Kauffman Avenue, Templ e City
www .tem pi e c ity.us
OPENING MATTERS:
• Call to Order
• . Roll Call:
• PRESENT: Haddad, Vice -Ch air Cordes, Chair Marston
• ABSENT : O'Leary, Lee
• ALSO PRESENT: Commu.nity Development Director Forbes, Planning Manager Reimers,
City Attorney Thuyen, Associate Planner Gulick, and Planning Secretary Venters
Commissioner Haddad moved to excuse Commissioner Lee and Commissioner O'Leary for due cause.
Seconded by Vice-Chair Cordes and unanimously carried.
• Pledge of Allegiance
ORAL COMMUNICATIONS/ PUBLIC COMMENT: NONE
CONSENT CALENDAR:
1. Planning Commission Meeting of March 27, 2018.
Vice -Chair Cordes made a motion to continue the Consent Calendar. Seconded by Commissioner
Haddad and was approved unanimously by the following votes:
AYES :
ABSTAIN :
NOES:
ABSENT :
PAGElOF S
Commissioner-Haddad, Cordes, Marston
Commissioner -None
Commissioner-None
Commissioner-Lee, O'Leary
PLANNING COMMISSION MINUTES
APRIL 10, 2018
PUBLIC HEARING ITEMS:
2. PL 17-879. An appeal of the Community Development Director's determination that a Zoning
Clearance application to convert an accessory structure into an accessory dwelling unit (ADU)
is incomplete because the project as proposed does not comply with state ADU law or the
Temple City Municipal Code .
Address: 5813 Myda Avenue
Recommendation : Adopt the attached Resolution upholding the Community Development
Director's determination regarding the applicability of development
standards to a proposed ADU.
Project Planner: Adam Gulick
agulick@templecity.us
City Attorney Thuyen provided some initial guidelines and recommendations for the fair and orderly
process of the appeal hearing. The applicant have at least an equal amount of time compared to .the
staff presentation for the applicant to present his case. If the Planning Commission wishes to ask
clarification questions of the applicant and staff, then Planning Commission should direct all' of its
questions to the appropriate party for responses, and may allow each party an equal period of time
to provide any rebuttal comments. Planning Commission proceeded by providing 15 minutes for
each presentation and 3 minutes for each party to provide final comments.
Associate Planner Gulick gave a brief summary of the staff report.
Chair Marston opened the public hearing and directed their questions to the applicant.
Rick Kuo, applicant, stated that he purchased the property in 2011 with the knowledge that the
storage area attached to the garage was not permitted. He stated July that 24, 2017 he submitted an
application to convert the unpermitted storage area to an ADU. He stated that the City adopted its
ADU ordinance August 4, 2017. He stated that his application was complete at the time of submittal
however he did not receive notification that his application required additional information until
August 9, 2017. He stated that the basis for denial is that the unpermitted storage area was not
considered an existing structure, that the setback requirements would not be met, and that the
storage area was not eligible to be converted to an ADU per City ordinance. He felt that the
application should have been considered based upon the structure meeting the standards and design
guidelines as opposed to the status of the structure. He pointed that the sample ordinance provided
by the California Department of Housing and Community Development (HCD) stated that
unpermitted structures are eligible to be converted to an ADU if current building standards are met.
He concluded that he felt that the application was complete at the time of submittal, that the
unpermitted structure should be considered existing, setback requirements do not apply to his
application, and that the City should uphold the states standards for an ADU.
PAGE20FS
PLANNING COMMISSION MINUTES
APRIL 10, 2 018
Chair Marston closed the pub lic hearing.
Vice -C hair Cordes asked the applicant if the intent is to increase the size of the structure or bri ng it
up to code and how he intends to move forward.
Rick Kuo, app li ca nt , stated that he is not interested in increasing the square f ootage of the structure;
he would like to legalize the structure by converting it into an ADU.
Chair Marston asked the appli cant if he inquired about legalizing the structure at the t i m e of purchase,
and if he could provide dated correspondence in regards to his request to the City.
Rick Kuo, applicant, stated that the City advised t hat t he structure could not be legalized at the time
of purchase so he opted to wait until the state allowed ADU's. He added that he could provide all
records of correspondence at a later time if necessary.
Commissioner Haddad asked the applicant if he provided the add ress when he initially spoke to staff
regarding the illega l st ructure, why setbacks wou l d not be enforceab le, and if there could have been
a fai l ure of response from himself when his appli cat ion was deemed incomplete.
Rick Kuo, applicant, stated that he did not in itially provide h is address at first contact with the City, he
was proactive in pursu i ng the status of his case, and that the setbacks are not enforceable b eca use
the application was complete before the City adopted its ADU ordinance.
The Planning Commiss ion concluded their questions to the applicant and directed the below
questions to staff.
Commissioner Cordes asked Associate Planner Gulick how the status of a structure is determined on
a property.
Associate Pl anner Gulick stated that the Planning Division referenc es the Los Ange les County Ta x
Assessor and Build i ng Permit records.
Commissioner Haddad asked Plann ing Manager Re imers what benefit the applica nt wou ld have by
converting the unpermitted structure into an ADU and if there is a difference in interpreting the
definition of the word "existing".
Planning Manager Reimers stated that if the application were to be approved the applicant may
benefit from the improvements required t o convert the illeg al structure to an ADU . He stated that
the ap pli ca nt and staff are providing d iffe rent definitions of "existi ng ". He sta ted that HCD provided
a defin it ion of existing but the State d id not implement the defi nition in its state ord i nance. He further
stated that HCD does not have th e authority to provide definition of state law. He stated t hat it is th e
Citys standard zoning practi ce to provi de beneficial provis ions to existi ng permitted structures.
PAGE30FS
PLANNING COMMISSION MINUTES
APRIL 10, 2018
Rick Kuo. applicant, stated that the City does not have a definition of the word incomplete and that
he does not agree with staffs definition of "exis t ing". He explained that in his opinion the application
was complete at the time of submittal and that the setback requirement is not enforceable because
the City's ADU ordinance was not yet in effect.
Planning Manager Reimers stated that the applicants request did not comply with the states ADU
ordinance as the structure in question was not permitted, nor was it a garage. He reminded the
Planning Commission that HCD prepared a Memorandum providing suggested language in ADU
ordinance however, the content was not adopted by the state. He stated that an application for an
ADU was submitted on July 24 to which the City has 30 days to respond. He stated that staff replied
to the applicant on August 9 requesting further information as there was no building permit for the
structure in question. He stated that the applicants interpretation of the word "existing" is not
consistent with this city as well as many other cities. He concluded that the structure in question is
not a garage, is not considered existing because it does not exist on record, and does not comply
with the state standards.
Commissioner Cordes made a motion to uphold staffs recommendation regard ing the Community
Development Directors determination that the application is incomplete and therefore should be
denied and adopt the resolution. Seconded by Commissioner Haddad and carried by the following
roll call vote:
AYES:
ABSTAIN:
Commissioner-Haddad, Cordes, Marston
Commissioner-None
NOES: Commissioner-None
ABSENT: Commissioner -Lee, O'Leary
DISCUSSION ITEMS: NONE
FUTURE AGENDA ITEMS AND REPORTS:
3. Planning Manager's Report
Planning Manager Reimers updated the Planning Co mmission that the commercial and
industrial zoning code update will be discussed April 24, and that the residential zo ning code
will be discussed in May.
4. Comments from Commissioners
Commissioner Haddad -Wished Commissioner O'Leary and Planning Secretary Venters a
happy birthday.
Commissioner Lee -Absent
Commissioner O'Leary-Absent
PAGE40FS
PLANNING COMMISSION MINUTES
APRIL 10, 2018
Vice-Chair Cordes-None
Chair Marston ...: Wished Commissioner O'Leary and Planning Secretary Venters a happy
birthday.
ADJOURNMENT:
5. Adjourn to the Planning Commission Meeting of April 24, 2018 at 7:30 p.m., City Council
Chambers, Civic Center, 5938 Kauffman Avenue, Temple City.
The Planning Commission Regular Meeting was adjourned at 9:05 p.m.
Chair
PAGE 5 OF 5
City of Temple City
ATTACHMENT F
DATE RECEIVED
APR 2 0 20f8
APPEAL FORM TEMPLE CITY
CITY CLERK
APP EAL OF A PL ANNIN G COMM I SS I O N OR COMMUN I TY DEVELOPME N T
D IR ECT OR DEC I S I O N
APPELLANT INFORMATION:
Name: /f;d=kuo
Address: S"8/3 #r{4f dt;~
Phone: d'"2-b -2 I ~ .-0 //'it
APPEAL TYPE:
~Appeal of Planning Commission decision
D Appeal of Community Development Director decision
PROJECT INFORMATION:
Project Typ e: "'?6111 /j~ t/~~ Project No.: ?L / 7-g--19
Proj ec t Addre ss: 5"" P/3 Myd/11/Yf!l
Dat e of Decision : ~)/ q/7-tJ/f?
REASON FOR APPEAL :
State th e reason or reaso ns why you are appealing the decision . Please be specific. Atta ch separate pages, if
APPELANT SIGNATURE:
Signature:
FOR OFFICIAL USE ONLY
Staff Name:
=>rint Window
I of2
Subject: RE: ADU
From : acoyne@templecity.us
To: rk uo8@yahoo.com
Date: Monday, November 20, 2017, 5:03:08 PM PST
Hi Rick,
ATTACHMENT G
In answer to your question, "deemed complete" means that you have submitted all of the required
materials (application, architectural plans , forms, etc.) and the information provided on the plans is
complete . There may still be issues to resolve or corrections that need to be made , but all of the
required information is available so that the planner can properly review the project for conformance
with the zoning code .
I hope that clarifies things .
Best,
•
Andrew J. Coyne
Management Analyst
Community Development Department
City of Temp le City
9701 Las Tunas Drive
Temple City, CA 91780
626.285.2171 Ext. 4344
From: Rick Kuo [mailto:rkuo8@yahoo .com]
Sent: Friday, November 17, 2017 1:00PM
To : Andrew Coyne <acoyne@templecity.us>
Subject: ADU
Hi Andrew,
3/19/2018. 11:20 PM