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Accessory Dwelling UnitsZoning Ordinance

City Council Study SessionFebruary 12, 2020

Introduction• State Legislature passed 20 housing-related bills in 2019, including 6 bills

pertaining to ADUs:• AB 587

• AB 670

• AB 671

• AB 881

• AB 68

• SB 13

• The City must amend the Camarillo Municipal Code Chapter 19.56 –Accessory Dwelling Units to comply with the new state ADU regulations.

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ADU Type/Zones

Existing CMC Chapter 19.56

• SFR Lots only

• One ADU per lot

New CMC Chapter 19.56

• SFR & Multi-Family

• SFR

• One ADU + One JADU*

• Multi-Family

• At least 1 and up to 25% of theexisting number of units, withinthe portions of an existing Multi-family dwelling structure not usedas livable space

• Not more than 2 detached ADUs

Size

Existing CMC Chapter 19.56

• Max size of ADU

• 700 sq.ft – less than 1 acre

• ≤30% of primary dwelling or1200 sq.ft. – more than 1acre

New CMC Chapter 19.56• Max size of ADU*

• If all development standards canbe met including lot coverage• 850 sq.ft. for studio & 1 bdrm• 1,000 sq.ft. for more than 1

bdrm / 1,200 sq.ft. if morethan 1 acre

• Detached ADU combined withJADU 800 sq. ft.

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Development Standards

Existing CMC Chapter 19.56

• Setbacks• Underlying Zone

• *No additional setback requiredfor converted garage, and nomore than 5’ from side and rearfor an attached ADU that isconstructed above a garage

• Height• Detached ADU

• One story, max 15’ high

New CMC Chapter 19.56• Setbacks

• Underlying Zone• 4’ from side and rear*

• Height• Detached ADU

• One story, max 16’ high

Parking

Existing CMC Chapter 19.56

• Parking• One open or enclosed parking

space per unit*

• Exemptions (no parking required)• ½ mile of public transit

• Within architecturally and historicallysignificant historic district

• Integrated ADU (Internal ADU)

• Within one block of a car share vehicle

New CMC Chapter 19.56• Parking

• One open or enclosed parking space per unit*• Exemptions (no parking required)

• ½ mile of public transit• Within architecturally and historically

significant historic district• Integrated ADU (internal ADU) or JADU• Within one block of a car share vehicle• When on-street parking permits are

required but not offered to the occupantsof the ADU

• When a garage, carport, covered parkingstructure is demolished in conjunction withconstruction of an ADU or converted to anADU, replacement parking is not required

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Owner Occupancy

Existing CMC Chapter 19.56

• ADU• Owner occupancy required

New CMC Chapter 19.56• ADU

• No owner occupancy requiredJanuary 1, 2020 – January 1, 2025

• Must record deed restriction statingADU may not be used for short-termrental, may not be sold separately*,will be binding on successors, & thatrestriction may be terminated uponremoval of ADU

• JADU• Owner occupancy required

Processing Timelines

Existing CMC Provisions

• Ministerial approval if all coderequirements are met.

• If any Variance is necessary,Planning Commission review isrequired

• State law required processingwithin 120 days

State Law and New CMC 19.56• Applications subject to ministerial

approval must be processed in 60days

• ADUs proposed at second storylevel subject to Plan Review

• Any variance necessary, PlanningCommission review required

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Section 19.56.010 - Intent.

• The city recognizes the importance of affordable housing and anattractive, suitable living environment for all residents. The statelegislature has declared that accessory dwelling units (ADUs) are avaluable form of housing in California. It is the intent of this chapter topermit ADUs, in conformance with state law, in designated zones subjectto standards that will ensure the units contribute to a suitable livingenvironment for people of all ages and economic levels, while preservingthe integrity and character of residential neighborhoods in a mannerconsistent with the city’s general plan, including the community designelement.

Section 19.56.020 - Definitions.The following terms when used in this chapter will have the meanings provided inthis section:

• “Accessory dwelling unit” or “ADU” means a residential dwelling unit thatprovides complete independent living facilities for one or more persons and islocated on a lot with a proposed or existing primary residence that may be eithera single-family or multifamily dwelling. An ADU must include permanentprovisions for living, sleeping, eating, cooking, and sanitation on the same parcelthat the single-family or multifamily dwelling is or will be situated. An accessorydwelling unit also includes: (a) an “efficiency unit” as defined in Health andSafety Code section 17958.1; and (b) a “manufactured home” as defined inHealth and Safety Code section 18007.

• “Accessory structure” means a structure that is accessory and incidental to adwelling located on the same lot.

• “Attached ADU” means an ADU that:

1. shares at least one common wall with the primary dwelling unit; and

2. is not fully contained within the existing space of the primary dwelling unit.

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Section 19.56.020 - Definitions (continued).

• “Detached ADU” means an ADU that does not share a common wall with the primarydwelling unit and is not an internal ADU.

• “Internal ADU” means an ADU that is fully contained within the existing space of theprimary dwelling unit or an accessory structure.

• “Junior ADU” or “JADU” means an ADU that is no more than 500 square feet in size andcontained entirely within a single-family residence.

• “Public transit” means the Camarillo Metrolink station, or a fixed bus route with regularservice covering a significant portion of the city that is not a subscription service.

• “Two-story attached ADU” means an attached ADU that is configured as either:

1. two stories of living space attached to the primary single-family residence; or

2. located on the second story above the ground floor of the primary single-family residence.

19.56.030 - Permitting process.A. When Consistent With Standards.

1. An ADU that complies with all standards in in this chapter will be approvedministerially with an administrative zoning clearance. No discretionary review orpublic hearing is required.

2. If a single-family or multifamily dwelling exists on the parcel upon which an ADU isproposed, the city will act on an application to create an ADU within 60 days fromthe date the city receives a completed application. If the applicant requests adelay in writing, the 60-day time period will be tolled for the period of the delay.(a) The city has acted on the application if it:

(1) approves or denies the administrative permit for the ADU;

(2) informs the applicant in writing that changes to the proposed project are necessary tocomply with this chapter; or

(3) determines that the ADU does not qualify for ministerial approval.

3. If the ADU application is submitted with a permit application to create a newsingle-family dwelling on the parcel, the city may delay acting on the ADUapplication until the city acts on the permit application for the new single-familydwelling.

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19.56.030 - Permitting process (continued).B. Two-Story ADUs. A two-story ADU requires approval of a plan review in accordance with code

chapter 19.67.

C. When Dependent on Separate Construction.

When a proposed ADU is dependent on the construction of a new building or new portion of abuilding which is not a part of the ADU (“separate construction”), the city will either:1. Accept and begin processing the ADU application only after acting on an application for the proposed

separate construction; or

2. Upon written request from the applicant, review and act on the ADU together with the separateconstruction as part of a single application. In this case, the ADU is subject to the same reviewprocedures and requirements as the separate construction, and may not be occupied until acertificate of occupancy is issued for the separate construction.

D. Variance from Standards. No variance from any requirement of this chapter may be approved, nor willany application for such a variance be accepted for processing through administrative review of an ADU bythe community development department. Should a variance from any requirement of this chapter berequested, review of the application by the planning commission will be required pursuant to Chapter19.66 of this code.

19.56.040 - Permitted zones and lots.

A. ADUs are permitted on legal lots with an existing single-family residenceor in conjunction with a proposed single-family residence in the city’sresidential zones: A-E (Agricultural Exclusive), R-E (Rural Exclusive, R-1(Single Family), RPD (Residential Planned Development, and MHPD(Mobile Home Park Development).

B. ADUs are also permitted on legal lots with an existing multi-familyresidence or in conjunction with a proposed multi-family residence in thefollowing zones: CCM (Camarillo Commons Mixed-Use), CMU (VillageCommercial Mixed-Use), COT (Commercial Old Town), and the SC (ServiceCommercial).

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19.56.050 - Permitted numbers of ADUs on a legal lot.A. Single-Family Parcel.

1. One internal or attached ADU, or one JADU, is permitted per parcel with a proposedor existing single-family dwelling.

2. One detached, new construction or conversion of an existing structure, ADU ispermitted for a parcel with a proposed or existing single-family dwelling. Thedetached ADU may be combined with a JADU as described in subsection (A)(1)above.

B. Multifamily Parcel.1. At least one internal ADU is permitted within an existing multifamily dwelling

structure up to a maximum of 25 percent of the existing number of multifamily unitswithin the portions of an existing multifamily dwelling structure that are not used aslivable space; and

2. Not more than two detached ADUs may be located on a parcel that has an existingmultifamily dwelling.

19.56.060 - ADU development standards.The following development standards apply to ADUs:

A. Maximum size.1. The maximum size of an internal or attached ADU with one bedroom or less may

not exceed 850 square feet.

2. The maximum size of an internal or attached ADU with more than one bedroommay not exceed 1000 square feet, or 1200 square feet if the lot is one or moreacres in size.

3. The maximum size of a detached ADU is as follows:a) 850 square feet if one bedroom or less;

b) 1,000 square feet if more than one bedroom, or 1200 square feet if the lot is one or moreacres in size; or

c) 800 square feet if combined on a lot with a JADU.

B. Minimum Size. The minimum size of an internal, attached, or detachedADU must be no less than the minimum size necessary for the creation ofan efficiency unit.

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19.56.060 - ADU development standards (continued).

C. Maximum Height. No detached ADU may be more than one story and 16feet in height as measured from finished grade. A two-story attached ADUwill require approval of a plan review.

D. Setbacks and Lot Coverage.1. An ADU must conform to the development standards for the underlying zone, including, but

not limited to, standards for front, rear and side setbacks of at least four feet, and lotcoverage. Notwithstanding the prior sentence, no applicable lot coverage, floor area ratio, orprivate open space standards will prohibit an ADU that does not exceed 800 square feet offloor area, a height of at least 16 feet, and has four-foot side and rear yard setbacks, providedthe ADU complies with all other applicable standards of this chapter.

2. No additional setback is required for an existing living area that is converted into an ADU or aportion of an ADU.

3. No setback will be required for an existing garage that is converted to an ADU.

E. Bedrooms. An ADU may contain no more than two bedrooms.

19.56.060 - ADU development standards (continued).F. Building and Other Related Codes. An ADU must comply with all applicable building,

health and fire codes, except that an ADU is not required to provide fire sprinklers ifsprinklers are not required for the primary dwelling unit.

G. Driveway Access. An ADU must be served by the same driveway access to the street asthe existing primary dwelling unit, unless the ADU has access from a public alleycontiguous to the lot, or is located on a corner lot for which secondary access ispermitted for parking outside the street side setback. No vehicular access via a bridletrail is permitted

H. Entrances. An attached or internal ADU may be served either by a common entrancewith the primary dwelling unit or a separate entrance to the ADU, which must be locatedon the side or at the rear of the primary dwelling unit. No ADU will be required toprovide a new passageway from the ADU to the street.

I. Expansion of Existing Structure. An internal ADU may include an expansion of not morethan 150 square feet beyond the same physical dimensions as the existing primarydwelling or accessory structure; provided, however, any expansion beyond the physicaldimensions of the existing primary dwelling or accessory structure will be limited toaccommodating ingress and egress.

J. Exterior Stairs. Exterior stairs may not be visible from any public right-of-way, excludingalleys.

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19.56.060 - ADU development standards (continued).

K. Manufactured Homes and Prefabricated Homes.1. A manufactured home is allowed as an ADU provided that it meets the following

requirements:(a) provides a minimum of 320 square feet of floor area;

(b) is built on a permanent chassis;

(c) is designed for use as a single-family dwelling with or without a foundation whenconnected to the required utilities; and

(d) includes plumbing, heating, air conditioning, and electrical systems within the home.

2. A prefabricated or modular home is allowed as an ADU.

19.56.060 - ADU development standards (continued).

L. Other Buildings and Structures. Any other building or structure constructedon the lot concurrent with or subsequent to the construction of an ADUunder this chapter must comply with all applicable development standardsof this title.

M. Privacy Impacts. To minimize privacy impacts on adjacent properties, thefollowing requirements apply to ADU walls with windows within eight feetof an interior side or rear property line abutting a residential use.1. For a single-story ADU wall or the first story of a two-story ADU wall, privacy

impacts must be minimized by either:

(a) A six-foot solid fence on the property line where allowed; or

(b) Clerestory or opaque windows for all windows facing the adjacent property.

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19.56.060 - ADU development standards (continued).

N. Replacing or Converting Existing Structures.1. An internal ADU may be constructed within the existing structure regardless of

whether such structure conforms to the current zoning requirement for buildingseparation or setbacks.

2. If an existing structure is demolished and replaced with an ADU, an ADU may beconstructed in the same location and to the same dimensions as the demolishedstructure.

3. If any portion of an existing structure crosses a property line, the structure may notbe converted to or replaced with an ADU. For an existing structure within four feetof a property line, the applicant must submit a survey demonstrating that thestructure does not cross the property line.

19.56.060 - ADU development standards (continued).

O. Utility Services. An ADU must be placed on a lot connected to a sanitarysewer, and the ADU must also be so connected to the sanitary sewer. Allother utility connections are subject to state law and the requirements ofthe serving utility provider.

P. Additions to Historic Structures. A building addition to a designated historicresource or potential historic resource, as defined in Chapter 16.42(Historic Preservation), for an attached ADU must be inset or separated bya connector that is offset at least 18 inches from the parallel side or rearbuilding wall to distinguish it from the historic structure.

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19.56.070 - ADU design standards.Design of an attached or detached ADU will be administratively reviewed bythe community development department under the following standards:

A. The design, color, material, and texture of the roof must be substantiallythe same as the primary dwelling unit.

B. The color, material, and texture of all building walls must be similar to,and compatible with, the primary dwelling unit.

C. The architectural style of the ADU must be the same or similar to theprimary dwelling unit, or, if no architectural style can be identified, thedesign of the ADU must be architecturally compatible with the primarydwelling unit, and must maintain the scale and appearance of a single-family dwelling.

D. The ADU must be designed such that its appearance is visuallysubordinate to that of the primary dwelling unit.

19.56.080 - ADU parking standards. A. Number. The parking requirement for an attached or detached ADU is one open or

enclosed parking space per unit. No additional parking, or reconfiguration of existingparking on the lot, is required for an internal ADU.

B. Location. Required parking spaces may be provided as tandem parking on a driveway.Off-street parking is permitted in setback areas in locations determined by the city orthrough tandem parking, unless specific findings are made that parking in setback areasor tandem parking is not feasible based upon specific site or regional topographical or fireand life safety conditions.

C. Exemptions. No parking is required for an ADU in any of the following instances:1. The ADU is located within one-half mile walking distance of public transit.2. The ADU is located within an architecturally and historically significant historic district.3. The ADU is an internal ADU.4. When there is a car share vehicle located within one block of the ADU.5. When on-street parking permits are required but not offered to the occupant of the ADU.

D. Conversion of Existing Parking Structures. When a garage, carport, or covered parkingstructure is demolished in conjunction with the construction of an ADU or converted toan ADU, replacement parking stalls are not required for the demolished or convertedparking structure.

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19.56.090 - ADU ownership and occupancy.A. Beginning January 1, 2025, the applicant for an ADU must be an

owner-occupant. Upon approval of an ADU application after January 1,2025, a declaration that provides that either the primary dwelling unitor the ADU will be occupied by the property owner (subject to certaintemporary exceptions such as a medical or business necessity) must berecorded before occupancy and will binding on all future owners of theparcel. Beginning one year after the approval date of the ADU, andannually thereafter, the property owner must file an annual reportlisting the occupants of the primary dwelling unit and ADU(s) in orderto ensure compliance with this condition.

B. An ADU that is not occupied by the owner of the property inconformance with this section may be rented if the rental terms arelonger than 30 consecutive days.

19.56.100 - JADU development standards.

A. Number. One JADU is permitted per residential lot zoned for single-familydwelling units with an existing or proposed single-family dwelling.

B. Size. A JADU may have a maximum size of 500 square feet and must becontained entirely within an existing or proposed single-family dwelling.

C. Entrance. A JADU must include a separate entrance from the mainentrance to the structure, which entrance must be on the side or rear ofthe primary residence.

D. Expansion of Primary Dwelling. A JADU may include an expansion of notmore than 150 square feet beyond the same physical dimensions as theexisting primary dwelling; provided, however, any expansion beyond thephysical dimensions of the existing primary dwelling will be limited toaccommodating ingress and egress.

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19.56.100 - JADU development standards (continued).E. Kitchen. A JADU must include an efficiency kitchen that includes the following: (1) a cooking

facility with appliances (which must include, at minimum, a sink, cooktop, and refrigerator);and (2) a food preparation counter and storage cabinets that are of reasonable size inrelation to the size of the JADU.

F. Owner Occupancy. Upon approval of a JADU application, a deed restriction that providesthat either the primary dwelling unit or the JADU will be occupied by the property owner(subject to certain temporary exceptions such as a medical or business necessity) must berecorded before occupancy and will binding on all future owners of the parcel. Beginningone year after the approval date of the JADU, and annually thereafter, the owner must filean annual report listing the occupants of the primary dwelling unit and JADU in order toensure compliance with this condition. This owner-occupancy requirement does not apply ifthe owner is a governmental agency, land trust, or housing organization.

G. Parking. No additional parking is required for a JADU.

H. Sanitation. A JADU may, but is not required to, include separate sanitation facilities. Ifseparate sanitation facilities are not provided, the JADU must share sanitation facilities withthe single-family dwelling unit and must have direct access to the residence from theinterior of the JADU.

I. State Law. A JADU must comply with the requirements of Government Code section65852.22.

19.56.110 - Deed restrictions.

A. Before obtaining a building permit for an ADU, the property owner must filewith the county recorder, and provide a copy of the recorded document tothe city, a declaration of restrictions containing a reference to the deedunder which the property was acquired by the current owner. The deedrestriction must state that:1. The ADU may not be used for short-term vacation rentals.2. Except for units developed in accordance with Government Code section 65852.26,

the ADU may not be sold separately from the primary dwelling.

B. The declaration will be binding upon any successor in ownership of theproperty. Lack of compliance will be cause for code enforcement and alsogrounds for revocation of the city’s approval of the ADU.

C. The deed restriction may be terminated by the property owner uponremoval of the ADU from the property.

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19.56.120 - Conflicting provisions.

Except as expressly provided in this chapter, to the extent that any provisions ofthis code conflict with any provisions of this chapter, the provisions of thischapter will control. To the extent any provisions of this chapter conflict withstate law, the mandatory requirements of state law will control, but only to theextent legally required.

Next Steps

• Draft ordinance to Department of Housing and CommunityDevelopment for initial feedback.

• Proposed Ordinance to Planning Commission (March).

• Urgency & Regular Ordinance to City Council (April).

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