HomeMy WebLinkAbout08 - CC-8 - Second Reading to an Ordinance Repealing - 2/16/20211
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 16, 2021 ITEM NUMBER: CC-8
SUBJECT: SECOND READING TO AN ORDINANCE REPEALING URGENCY
ORDINANCE 19-19 AND APPROVING CODE AMENDMENT CO-2020-04
AMENDING PORTIONS OF TITLE 13 OF THE COSTA MESA MUNICIPAL
CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW
REQUIREMENTS
DATE: FEBRUARY 9, 2021
FROM: DEVELOPMENT SERVICES DEPARTMENT/PLANNING DIVISION
PRESENTATION
BY:
JOHNWILLY AGLUPOS, ASSISTANT PLANNER
FOR FURTHER INFORMATION
CONTACT:
JOHNWILLY AGLUPOS (714) 754-5692
johnwilly.aglupos@costamesaca.gov
RECOMMENDATION:
Staff recommends that the City Council give second reading to and adopt Ordinance No.
2021-03 (Code Amendment CO-2020-04) to be read by title only, repealing Urgency
Ordinance 19-19 and amending Municipal Code, Title 13, Article 2 pertaining to Accessory
Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
BACKGROUND/ANALYSIS:
On February 2, 2021, the City Council gave first reading to and introduced Ordinance No.
2021-03 by a vote of 5-1 (Council Member Harper voting no, Mayor Foley abstaining). The
City Council made modifications to the proposed ordinance in Section D pertaining to:
Second-story ADUs
Front facing balconies
Parking
Short-term rentals
The City Council revised the ordinance to reduce the front setback for second-story ADUs to
be 25 feet from the front property line, except that a second-story balcony may be as close as
20 feet.
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The City Council also amended the ordinance to waive the parking requirement for all
accessory dwelling units since more than 90 percent of the residential properties in the City
were exempt under state law due to proximity to bus transit.
In addition, the City Council removed park impact fees associated with Junior Accessory Units
(JADUs) since these units are typically less than 500 square feet and are only allowed by
converting a portion of an existing single-family dwelling which were already required to pay
park impact fees. As revised, the ordinance allows the City Council to establish park impact
fees for JADUs by resolution, and the approved resolution established the park fee for JADUs
at zero. If a future City Council desires to adjust the park fee amount, it need not amend the
ordinance – the Council need only amend the resolution.
These modifications are reflected in underline/strikethrough format in Attachment 2 to this
report. Links to the staff report prepared for the February 2, 2021 City Council meeting, as
well as the video of the meeting, are provided below.
Staff report:
http://ftp.costamesaca.gov/costamesaca/council/agenda/2021/2021-02-02/PH-1.pdf
PUBLIC NOTICE:
Pursuant to Government Code 36933, a summary of the proposed ordinance was
published once in the newspaper no less than 5 days prior to the February 16, 2021 second
reading. A summary of adopted ordinance will be published within 15 days after the
adoption.
As of this report, no additional written public comments have been received. Any additional
written comments received will be forwarded under separate cover.
ENVIRONMENTAL DETERMINATION:
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”)
under Public Resources Code section 21080.17 [statutory exemption for second unit
ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit
ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to
land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this
ordinance will not have a significant effect on the environment, because ADUs will largely
constitute infill housing which is exempt from CEQA.
ALTERNATIVES:
The City Council may give second reading and adopt the Ordinance as proposed, modify
the Ordinance, or not adopt the Ordinance.
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FISCAL REVIEW:
Fiscal impact is unknown at this time.
LEGAL REVIEW:
The subject Code Amendment has been prepared by the City Attorney’s Office.
CITY COUNCIL GOALS & PRIORITIES:
This item is administrative in nature.
CONCLUSION:
The adoption of the proposed ADU Ordinance would allow for construction and conversion
of new ADUs and JADUs by right in a cohesive and integrated manner, while meeting the
intent and requirements of State law. If approved, the Ordinance would become effective
30 days after the second reading by the City Council.
Attachments: 1. Ordinance 2021-03
2. Ordinance 2021-03 in underline/strikethrough format
JOHNWILLY AGLUPOS MINOO ASHABI
Assistant Planner Principal Planner
JENNIFER LE
Director of Economic and Development
Services
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENT 1
ORDINANCE NO. 2021-03
AN ORDINANCE OF THE COSTA MESA CITY COUNCIL REPEALING
URGENCY ORDINANCE 19-19 AND APPROVING CODE AMENDMENT
CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT
WITH STATE LAW REQUIREMENTS AND TO AUTHORIZE RELATED
FEES
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Findings. The City Council finds as follows:
WHEREAS, effective January 1, 2020 multiple new housing laws relating to
accessory dwelling units (ADUs) and junior accessory dwelling units (Junior ADUs)
became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and
WHEREAS, Government Code section 65852.2(a)(4) provides in part, "if 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", and
WHEREAS, the City adopted urgency ordinance 19-19 on December 17, 2019 to
cause the city's ADU and Junior ADU laws to be revised effective January 1, 2020,
WHEREAS, by adopting its own ADU and Junior ADU laws, the city is able to
retain at least some authority to regulate ADUs and Junior ADUs that it might not
otherwise have;
WHEREAS, the City Council intends to apply the state standards at local level with
the goal of allowing more housing production for all income levels within standards that
will result in construction and conversion of new ADUs in a more cohesive and integrated
manner.
SECTION 2: Code Amendment. Section 13-6 (Definitions). The definition of
"Accessory Dwelling Unit (ADU)" within Title 13, Chapter I, Article 2, Section 13-6
(Definitions) is hereby amended as follows (new text underlined and removed text is
strikethrnunh):
Accessory Dwelling Unit (ADU). n seGand dwelling unit established in nnn unGtinn
with and subeFdonate to the single family dwelling unit existing en the PFGpeFty. The
aGGeSSOry dwelling unit may be as studio with ne bedmem OF Gentain - - . -
of fioC7\ �reems and be atta`hed 4 C No family dwelling Unit
n; a detu�ehed aGGess tQ n the came let it may also referred to as ai4
. See Section
13-35.
SECTION 3. Municipal Code Section 13-35. Title 13, Chapter V, Article 1, Section 13-
35 is revised to provide:
Section 13-35. Accessory Dwelling Units
A. Purpose, general plan consistency, definitions.
1. Purpose and Interpretation. The intent of this section is to ensure that accessory
dwelling units (ADUs) and Junior ADUs remain as an accessory use to a single-
family residence, that the structures on parcels are organized to accommodate an
ADU and/or Junior ADU, and that such dwelling units do not adversely impact
surrounding residents or the community. This Section 13-35 is intended to retain
the ability of the city to regulate ADUs in terms of design, aesthetics, massing and
integration with existing structures and to comply with the requirements of state
law.
2. General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units
may, in some instances, result in dwelling densities exceeding the maximum
densities prescribed by the general plan. The city finds that this occurrence is
consistent with the general plan, as allowed under state planning and zoning law
applicable to ADUs, and that the amendment furthers the goals, objectives, and
policies of the general plan housing element.
3. Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit', "passageway"
and "tandem parking" all have the same meaning as that stated in
Government Code section 65852.2 as that section may be amended time
to time.
b. "Junior ADU" shall have the same meaning as that stated in Government
Code section 65852.22(h)(1) as that section may be amended from time to
time.
c. A structure is considered "existing" if a building permit was issued and
finaled at least two years before an application is submitted under this
section.
d. The terms "single family dwelling" and "multifamily dwelling" exclude all
garages, carports, and similar structures, regardless of whether such
structures are attached or detached from the dwelling.
e. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU)
within a multifamily dwelling structure, including detached single-family
homes where there is more than one (1) primary dwelling unit on a lot.
f. A "multifamily dwelling structure" is a structure which contains at least two
lawful dwellings within the structure, excluding ADUs and Junior ADUs.
Storage rooms, boiler rooms, passageways, attics, basements, garages
and other non -habitable spaces are considered within a "multifamily
dwelling structure" if such non -habitable spaces are within the same
structure as at least two other multifamily dwellings.
B. Accessory Dwelling Units
1. Residential and Mixed Use Zones Only. ADUs are permitted in single-family,
multi -family zones, and mixed use zones (i.e., zones where single family and/or
multifamily dwellings are allowed), and only on a legal lot with proposed or
existing residential dwelling(s) which will remain on site. By way of illustration
only, the zones where accessory dwellings are allowed are shown on the
Citywide Land Use Matrix at Section 13-30. If there is any conflict between the
requirement that ADUs be approved in (and only in) zones where single family
and multifamily dwellings are allowed and the Land Use Matrix, the former shall
control.
2. Underlying zone. Except as otherwise provided in this section, ADUs shall
conform to the development standards of the underlying zone.
3. Ministerial. Any application for an ADU that meets the requirements of this
section shall be approved ministerially by the city by applying the standards
herein and without a public hearing.
4. Maximum Number of Dwelling Units. The following is the maximum number of
ADUs and or Junior ADUs allowed on any lot. Only one category may be used
per lot.
a. Single -Family. Only one ADU and only one Junior ADU may be
permitted on a lot with a proposed or existing single family dwelling
subject to the following:
Conversion within a single family dwelling.
1. An ADU or Junior ADU may be within the existing footprint
of a lawful single family dwelling. Alternatively, an ADU
may be within a lawful existing accessory structure; in this
case up to 150 square feet may be added beyond the
physical dimensions of the existing accessory structure
solely to accommodate ingress and egress to the ADU;
and
2. Each such ADU and Junior ADU must have independent
exterior access from the single family dwelling, and have
side and rear setbacks sufficient for fire safety; or
ii. New Construction. One new construction ADU may be permitted
on a lot with proposed or existing single family dwelling. One new
construction Junior ADU may be allowed on the lot if the Junior
ADU is to be in a single family dwelling that meets all applicable
legal standards.
b. Multi -Family. Junior ADUs are not allowed on a lot with more than
one residence. ADUs are not allowed within new construction
residences where, after construction, there will be at least two
residence on the lot (e.g. detached residential structures, duplexes,
apartments); up to two ADUs are allowed with such structures
pursuant to subsection ii, below. For lots with an existing legal
multifamily dwelling (e.g., a legal non -conforming multifamily
dwelling), the applicant may have ADU(s) pursuant to one of the
following:
Maximum ADUs within Existing Multifamily Dwelling Structure.
No more than twenty-five percent (25%, with any partial unit
rounded down) of the number of existing multifamily dwelling
units on the lot, but at least one (1) unit, shall be permitted as
ADU(s) constructed within the non -livable space (e.g., storage
rooms, boiler rooms, hallways, attics, basements, or garages) of
the existing multifamily dwelling structures; or
ii. Maximum Detached External ADUs. No more than two detached
ADUs are permitted. Both units shall be detached from every
residence on site (but need not be detached from each other).
Such ADUs shall not exceed 800 square feet of gross floor area,
shall be no taller than sixteen (16) feet in height, and shall have
at least four (4) feet of side and rear yard setbacks; or
iii. Maximum Mixed (Detached / Within) ADUs. No more than one
ADU is permitted within the existing and enclosed non -livable
space (e.g., storage rooms, boiler rooms, hallways, attics,
basements, or garages) of the existing multifamily dwelling
structure; and no more than one ADU that is detached from each
multifamily dwelling structure on site, provided that such ADU
does not exceed 800 square feet of gross floor area, is no taller
than sixteen (16) feet in height, and has at least four (4) feet of
side and rear yard setbacks.
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5. Maximum Size.
a. Single Family
Detached. For lots with a proposed or existing single-family
dwelling, a detached ADU shall not have more than 1,200 square
feet.
Attached. An ADU attached to a single family dwelling shall be
no more than the greater of 50% of the square footage of the
existing single family dwelling or 1,000 square feet.
b. Multifamily, Exterior Construction. For lots with an existing legal
multifamily dwelling structure, an ADU shall not exceed 800 square
feet.
C. Interior Conversions. Notwithstanding subsections a and b
immediately above, ADUs which are converted from space entirely
within lawful existing structures, and ADUs entirely within proposed
lawful single family dwellings, are not subject to a limit on maximum
square footage.
6. Conversions of dwelling units.
a. Total Conversion of Single Family Unit. An entire existing single
family or multifamily dwelling may be converted to an ADU if the ADU
complies with all applicable requirements of this ordinance and a new
single-family residence with a total gross floor area exceeding that of
the ADU is constructed in full compliance with code requirements.
b. Partial Conversion/Addition. A portion of the existing single family or
multifamily dwelling may be converted to an ADU with new additional
square footage, which additional square footage shall comply with all
standards applicable to attached ADUs, and all converted square
footage shall comply with standards applicable to conversions. The
maximum square footage of the attached ADU shall be based upon
the size of the existing primary dwelling before construction of the
ADU addition.
C. Junior ADUs.
1. Rule. Junior ADUs shall comply with the requirements of this subsection C, in
addition to the requirements of subsection D of this section 13-35.
2. Maximum Size. A Junior ADU shall not exceed 500 square feet in gross floor
area.
3. Owner Occupancy Requirement. The owner of a parcel proposed for a Junior
ADU shall occupy as a primary residence either the primary dwelling unit or the
Junior ADU. Owner -occupancy is not required if the owner is a governmental
agency, land trust, or "housing organization" as that term is defined in
Government Code Section 65589.5(k)(2), as that section may be amended
from time to time.
4. Short -Term Rentals Prohibited. A Junior ADU shall not be rented for periods of
less than 31 days unless otherwise authorized by the municipal code.
5. Location of Junior ADU. A Junior ADU shall be entirely within a single-family
residence.
6. Kitchen Requirements. A Junior ADU shall include an efficiency kitchen,
including a sink, a single or multiple cooktop, outlet for a small refrigerator, food
preparation counter and storage cabinets that are of reasonable size in relation
to the size of the Junior ADU.
7. Parking. No additional parking is required beyond that already required for the
primary dwelling.
8. Fire Protection; Utility Service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water,
sewer, or power, a Junior ADU shall not be considered a separate or new unit,
unless the Junior ADU was constructed in conjunction with a new single-family
dwelling. No separate connection between the Junior ADU and the utility shall
be required for units created within a single-family dwelling, unless the Junior
ADU is being constructed in connection with a new single-family dwelling.
9. Exterior and Interior Access. The Junior ADU shall include an exterior entrance
separate from the main entrance to the single-family dwelling.
D. Development Standards. All ADUs and Junior ADUs must comply with the following
requirements:
Ministerial Project. Any application for an ADU or Junior ADU that meets the
requirements of this section shall be approved without a public hearing.
2. Application by Owner. An application for a building permit for an ADU or Junior
ADU building permit shall be made by the owner of the parcel on which the
primary unit sits and shall be filed with the city on a city -approved application
form and subject to the established fee set by city council resolution as it may
be amended from time to time.
II
3. Separate Sale Prohibited. Except as otherwise provided by law (e.g.,
Government Code section 65852.26), ADUs and Junior ADUs may not be sold
or otherwise conveyed separate from the primary residence.
4. Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their
equivalent), including water, electric, and sewer services.
b. Except as provided in subsection c immediately below, the City may require
the installation of a new or separate utility connection between the ADU and
the utility. For Junior ADUs, see subsection D.8, above.
c. No separate connection between the ADU and the utility shall be required
for units created within a single-family dwelling, unless the ADU is being
constructed in connection with a new single-family dwelling.
d. Each ADU and Junior ADU shall have a separate mailing address.
5. Recorded Covenants. Before obtaining a building permit, the owner shall file
with the county recorder, in a form approved by the city attorney, a covenant
which does all of the following:
a. prohibit the sale of the ADU and Junior ADU separate from the
single-family residence; and,
b. unless subsequently prohibited by an amendment to state law, for
ADUs approved on or after January 1, 2025, the ADU shall be
considered legal only as long as either the primary residence or the
ADU is occupied by the owner of record or state law is amended to
prohibit such requirements. Junior ADUs require owner occupancy
of either the single family dwelling or the Junior ADU; and,
C. restrict the accessory second unit to the maximum size allowed by
Municipal Code section 13-35, as it may be amended from time to
time; and,
d. unless authorized by the municipal code, prohibit renting the ADU for
periods less than 31 days; and,
e. confirm that the restrictions shall be binding upon any successor in
ownership of the property, and lack of compliance shall result in legal
action against the property owner for noncompliance.
6. Passageway. No passageway shall be required in conjunction with the
construction of an ADU.
7. Building Permits Required. Applications for ADUs and Junior ADUs shall
conform to the requirements for, and shall obtain, a building permit consistent
with the requirements of Title 5 (Buildings and Structures). By way of reference
only, current requirements generally require all dwellings to have no less than
220 square feet. Fire sprinklers shall not be required if they are not required for
the primary residence; if, however, the ADU is attached to the primary dwelling,
io
and if an addition to the house would require sprinklers for an addition to the
primary dwelling in the same location, then sprinklers shall be required.
8. Setbacks.
a. None. No setbacks are required for: either (i) those portions of ADUs that
are created by converting existing living area or existing accessory
structures to a new ADU; or (ii) constructing new ADUs in the same location
and to the same dimensions as an existing structure. Notwithstanding the
foregoing, ADUs and Junior ADUs shall, at minimum, comply with setbacks
that are sufficient for fire and life safety.
b. Other Setbacks. For all other ADUs, there shall be a minimum of setbacks
of four feet from side and rear property lines and full compliance with all
applicable front yard setbacks. An ADU on a corner lot shall maintain a
minimum setback of ten feet from the public right-of-way on the street side
or be consistent with the existing setback distance of the main residential
structure, whichever is less.
c. Distance Between Structures. The minimum required distance between a
detached ADU and the primary dwelling unit, and all other structures on the
property, including garages, shall be six feet.
9. Height. Except as authorized in subsection b, below, in no event may any
portion of a new construction ADU exceed two stories or exceed the height of
any other dwelling that will be on the property. Furthermore, except as
authorized in subsection a and b, below, an ADU shall be entirely only on the
first floor.
a. Second Floor or Two -Stories. An ADU on a lot which has an existing
lawfully constructed single family dwelling or will have a new single family
dwelling, may be in whole or in part on a second floor, or be a two-story
ADU, if all five of the following occur:
i. all portions of the ADU on a second floor are at least 25 feet from
the front property line (except that front facing balconies may be
constructed as close as 20 feet from the front property line if the
balcony is open on three sides and the wall of the main structure
is at least 25 feet from the front property line);
ii. each stairwell for the ADU is interior or complies with subsection
10, below; and
iii. the second floor of any portion of the ADU, if built above a
detached garage, does not exceed the footprint of the garage;
and
iv. no windows are installed on the second floor on side elevations if
such windows are within 25 feet of a neighboring dwelling and
face the neighboring property unless such windows have a
minimum sill height of at least five feet; and
v. the second floor (or the entire two-story ADU as applicable)
meets the setbacks applicable to additions and accessory
structures for the underlying zone.
b. Within Structure. The ADU is built entirely within either:
i. a proposed or existing lawfully constructed single-family dwelling,
except that an external stairwell to the ADU which meets all
requirements of this code, including the requirements of
subsection 10, below, may be constructed to allow access to the
ADU; or
ii. the non -habitable space of an existing multifamily structure.
10. Exterior Stairways and Balconies. An exterior stairway to a second -floor ADU
shall be facing the interior of the lot and shall not be readily visible from the
public right-of-way. Second floor landings using an exterior stairway shall be
kept to the minimum size required to comply with applicable codes. Stairways
and landings, which exceed standard sizes, and balconies are prohibited.
Stairways, landings, and balconies shall not be counted toward residential open
space requirements.
11. Architectural Standards.
a. Attached ADUs. Each ADU which is attached to the primary dwelling
shall appear to be part of the primary dwelling. It shall have the same
design, materials, finishes, and colors as the primary dwelling and
shall be in accordance with code design standards and guidelines
applicable to the zone.
b. Detached ADUs. Any detached ADU shall be compatible in exterior
appearance with the primary unit or units in terms of design,
materials, finishes, and colors within the same property on which it is
proposed to be constructed, in accordance with code design
standards and guidelines applicable to the zone.
C. Junior ADUs. Junior ADUs shall be compatible in exterior
appearance with the primary unit in terms of design, materials,
finishes, and colors within the same property on which it is proposed
to be constructed, in accordance with code design standards and
guidelines applicable to the zone.
12. Garage Conversions.
a. No Blank Fagade. When a garage is converted to an ADU, if the
fagade of the converted garage is visible from a public right-of-way,
the fagade must have substantial articulation in terms of design and
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architectural features, or substantial landscaping, or some
combination thereof to improve aesthetics. For example, obscuring
the fagade with landscaping that covers at least 50 percent of the
wall would meet this requirement, as would construction of an
attached code -compliant pergola or awning which was constructed
in front of the fagade of the converted garage.
b. Driveway. The driveway may only be removed if it is replaced with
landscaping or open space, and the curb cut and driveway apron are
removed and replaced with a curb and gutter which meet city
standards.
13. Entry and Walkways. The entrance to an ADU or Junior ADU should be located
in a manner that it is subordinate to the main entrance of the primary
residence(s) such as areas along the side or within the interior of the property.
The walkway leading to the ADU shall be hardscaped and connect to the
driveway or the public sidewalk.
14. Parking.
a. The owner may provide parking that is at least eight and a half (8.5) feet
wide and eighteen (18) feet long and may be provided as:
Tandem parking on an existing driveway in a manner that does
not encroach onto a public sidewalk; or
Within a setback area or in locations determined feasible by the
city. Locations will be determined infeasible based upon specific
site or regional topographical or fire and life safety conditions,
or that such parking is not permitted anywhere else in the city.
b. When an existing garage, carport, or covered parking structure is converted
or demolished in conjunction with the construction of an ADU or converted
to an ADU, the off-street parking spaces do not have to be replaced,
notwithstanding any other provision of this code to the contrary (e.g., the
definition of "driveway" in section 13-6, Table 20-8(c) a driveway does not
lose its status as a lawful "driveway" if it leads to a structure that was either
converted from a garage into either an ADU or Junior ADU or demolished
in conjunction with the construction of an ADU or Junior ADU. In no event
shall the demolition of a garage be considered "in conjunction with" the
construction of an ADU if the ADU will not be constructed within any portion
of the footprint of the demolished garage
15. Non -Conforming. The city shall not require, as a condition of a permit for an
ADU or Junior ADU the correction of nonconforming development standards.
13
16. Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for
a term of less 31 days, unless allowed by the Costa Mesa Municipal Code,
unless otherwise authorized by the Municipal Code.
17.Open Space. ADUs which exceed 800 square feet in gross floor area shall
meet the open space requirements of Section 13-32.
SECTION 4. Municipal Code: Land Use Matrix.
Existing row 15.1 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), is
hereby revised as follows (new text underlined and removed text is stFikethr,,ugN:
ZONES
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15.1 Incidental
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combination with a
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This applies to an
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or contained within
he main structure
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incidental use. Land
Use Restriction
re uired
Additionally, existing rows 22.2 and 22.3 of Title 13, Chapter IV, Section 13-30 (Citywide
Land Use Matrix), revised as follows, such that existing row 22.3 is renumbered to 22.4,
and a new row 22.3 is added.
ZONES
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22.2 Accessory dwelling unit
(subject to the requirements of
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chapter V, section 13-35,
—
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22.3 Junior Accessory Dwelling
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dwelling units
22.34 Temporary real estate
and construction offices (subject
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o the requirements of chapter
IX, article 10, temporary trailers)
SECTION 5 Municipal Code Section 13-85 (Parking). Title 13, Chapter VI, Section
13-85 (Parking Requirements for Residential Development) of the Costa Mesa Municipal
Code is hereby amended as follows (new text underlined and removed text is
stFiketh Fott ):
(d) Parking for accessory dwelling units and junior accessory dwelling units shall be
provided per the requirements of Section 13-35.. One (1) parking space shall be
provided for aR aGGesser-y dwelling unit unless the aGeessOFy dwelling unit has no
as tandem ParkiRg on an existing dFiveway leading to a gaFage OF Garport but must
be On addition to any parking requ d red fer the single family residenGe. Tandem
paFking means that two (2) OF meFe automobiles are paFked on a driveway or
any other leGation on a let, lined up behind one another.
Parking fer the aGGessory dwelling unit is not required On eaGh of the following situations:
1-5-
dwelling unit. Te pFev--- eaF shaFing applioations that allew individuals tO Fent
persenal vehiGleS to qualify, "Gar 6haFe VehiGle" means th-a"he vehiGle iSS part Gf
an established pFegFam intended te stay On a fixed leGation fE)F at least ten (10)
yeaFs and available to the publiG.
single family FesidenGe shall meet the GUFFent paFking FequiFements speGified On
Ghapter VI Off StFeet PaFking StandaFd6, and shall Ret be attributed to the
aGGessery dwelling unit,
SECTION 6 Municipal Code Sections 13-261.2 through 13-261.8 (Park Fees)
A new Article 4, entitled, "Park and Recreation Impact Fees" is added to Chapter XII of
Title 13 of the Costa Mesa Municipal Code. Existing Municipal Code sections 13-261.2
through 13-261.8 are hereby moved to Article 4, and shall be amended to provide as
follows.
13-276.1. Purpose.
The purpose of this article is to establish the procedures for the payment of parks and
recreation impact fees in conjunction with the establishment of new residential units.
13-276.2. Requirement.
(a) Any party that creates a multi -family residential development (e.g., apartment, duplex,
triplex, multiplex) for renter households (collectively, "apartments") and any party who
creates any accessory dwelling unit (ADU) orjunior accessory dwelling unit (JADU), shall
remit park fees as established in this Article to provide park and recreational facilities to
serve the future residents of such units.
(b) The requirements of this Article are in addition to any other applicable requirements
of the municipal code, including Municipal Code 13-250 et seq., which sections relate to
park/dedication fee requirements applicable to subdivisions.
13-276.3. Relation of land required to population density.
Consistent with the general plan, it is hereby found and determined that the public interest,
convenience, health, welfare and safety require that 4.26 acres of property for each one
thousand (1,000) persons residing within the city be devoted to public park and
recreational purposes.
13-276.4. Population density.
For the purposes of this article, population density shall be established by resolution of
the city council, utilizing the following classifications:
E,
(a) Apartments. Any building (or portion thereof) or collection of buildings which provide
two or more self-contained dwelling units not designated for separate ownership (i.e., the
units not legally subdivided for homeownership). Notwithstanding the foregoing, for
purposes of this article, ADUs and JADUs are not considered "apartments."
(b) Determination of the number of dwelling units. The total number of dwelling units
shall be determined by the number of units proposed for construction. When the actual
number of units is unknown, the number of the units shall be based on the maximum
number of units which are permitted by the general plan for the property at the time the
tentative or parcel map is filed with the city.
13-276.5. Park fee formula for apartments.
The amount of park fee for apartments required pursuant to this section shall be based
on the following formula:
FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000
Definition of terms -
FEE —The maximum cost to be appraised for fee payment
4.26—Number of acres per one thousand (1,000) persons.
A.D.F.—Apartment density factor obtained from section 13-261.5 population density as
applicable to the proposed development.
D.U.—Number of dwelling units.
P.C.—Proportionate cost is the sum of the weighted cost of park land acquisition per acre
of land and cost of construction per acre of land.
13-261.6. Amount of park fee for "apartments" and accessory dwelling units and
junior accessory dwelling units.
(a) (1) Fee Resolutions. The fees authorized via this article shall be periodically
established and/or adjusted via a resolution of the City Council. Such fees shall comply
with Government Code section 66000 et seq., and shall not exceed the amounts
authorized by Government Code section 66000 et seq.
(2) ADU and JADU fees. The fees for ADUs and JADUs shall take into
consideration the fees charged for apartments, and shall not violate Government Code
65852.2, as it may be amended from time to time.
(b) Nothing in this section shall prohibit the dedication and acceptance of land for park
and recreation purposes where the developer proposes the dedication voluntarily and the
land is accepted by the city council at its discretion. When land dedication is provided, it
shall be accomplished consistent with applicable local ordinances, including any
applicable requirements of the Subdivision Map Act.
(c) If the developer objects to the amount of the fee pursuant to this article, an appeal
may be made to the city council by filing an application of appeal with the city clerk and
payment of an appeal processing fee as determined by the city council. A notice of appeal
shall be filed with the city clerk within seven (7) days of payment of the fee. The developer
shall have the burden of proof in contesting the amount of the fee. Within thirty (30) days
of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city
council, and the decision shall be final and conclusive in determining the amount of the
fee.
(d) The fee shall be paid to the development services department and shall be deposited
and held in appropriate trust accounts and may be expended therefrom only for the
purpose of developing new or rehabilitating existing neighborhood or community park or
recreation facilities to serve the development on which the fee is charged. Upon receipt
of the fee, the development services department shall issue a receipt, and the receipt
shall be presented as proof of payment of the fee prior to the issuance of any permit for
buildings and structures pursuant to this Zoning Code.
(e) In order that the fees levied pursuant to subsection (a) keep pace with the cost of
land, the fee schedule described in subsection (a) shall be periodically adjusted on a
biennial basis, or as specified by city council by resolution. The fee schedule shall be
adjusted consistent with applicable law.
(f) Upon application to the development services department, the payment of the fee
may be deferred where the department makes the following findings:
(1) The developer has entered into a fee agreement with written evidence of
adequate security to assure payment of the fee at a date prior to the issuance of a
certificate of occupancy, and in a form approved by the city attorney; and
(2) The deferral of the fee shall not adversely impact the development of new or
the rehabilitation of existing neighborhood or community park or recreational facilities to
serve the development.
13-276.7. Procedure, credit.
(a) Procedure. When fees are required, the same shall be deposited with the
Development Services Department prior to issuance of building permits.
(b) Credit. Credit shall be granted for dwelling units demolished as a part of the
development. This credit shall be limited to the number of units existing at the time of the
approval of the project and shall not be transferred to other developments.
SECTION 7. Repeal. All portions of prior ordinances, including those within Urgency
Ordinance 19-19, to the extent that they are inconsistent with the terms of this ordinance
are replaced by the terms of this ordinance.
SECTION 8. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code
section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines
sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new
construction or small structures] and 15305 [minor alterations to land]. This ordinance is
also exempt under CEQA Guidelines section 15061, because this ordinance will not have
a significant effect on the environment, because ADUs will largely constitute infill housing
which is exempt from CEQA.
SECTION 9. Inconsistencies with State Law. Any provision of this ordinance which is
inconsistent with state law shall be interpreted in a manner which is the most limiting on
the ability to create ADUs or Junior ADUs, but which is consistent with state law. Any
provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 10. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 11. Effective Date. This Ordinance shall take effect on the 31 st day after
adoption.
SECTION 12. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
SECTION 13. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this ordinance to the Department of Housing and Community Development within 60
days of the adoption of this ordinance.
SECTION 14. Processing Existing Applications. For complete applications which
involve ADUs and/or JADUs which were in plan -check, or which were included in a
complete application as of the effective date of this ordinance (i.e., city staff issued a
building permit number), the portions of the applications that apply to ADUs and JADUs
shall continue to be processed (and approved or denied) pursuant to Urgency Ordinance
19-19. All other applications which involve ADUs and/or JADUs shall be processed
pursuant to the requirements of this ordinance. Applicants who opt to rescind any pending
application for an ADU or JADU may resubmit the application pursuant to this ordinance;
however, any such applicant's processing fees (distinguished from development impact
fees) for the original application shall not offset the processing fees for the new
application.
PASSED AND ADOPTED this day of , 2021
Katrina Foley, Mayor
ATTEST: APPROVED AS TO FORM
Brenda Green, City Clerk
Kimberly Hall Barlow, City Attorney
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I, Brenda Green, City Clerk of the City of Costa Mesa, do hereby certify that the
above and foregoing is a true and correct copy of Ordinance No.2021-03 introduced at
a regular meeting of the City Council of the City of Costa Mesa held on the2nd day of
February, 2021, and was thereafter adopted at a regular meeting held on the day
of , 2021, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Said ordinance has been published or posted pursuant to law.
Witness my hand and the official seal of the City of Costa Mesa this day of
, 2021.
Brenda Green, City Clerk
21
ATTACH M ENT 2
ORDINANCE NO. 2021-03XX
AN ORDINANCE OF THE COSTA MESA CITY COUNCIL REPEALING
URGENCY ORDINANCE 19-19 AND APPROVING CODE AMENDMENT
CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT
WITH STATE LAW REQUIREMENTS AND TO AUTHORIZE RELATED
FEES
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Findings. The City Council finds as follows:
WHEREAS, effective January 1, 2020 multiple new housing laws relating to
accessory dwelling units (ADUs) and junior accessory dwelling units (Junior ADUs)
became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and
WHEREAS, Government Code section 65852.2(a)(4) provides in part, "if 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"; and
WHEREAS, the City adopted urgency ordinance 19-19 on December 17, 2019 to
cause the city's ADU and Junior ADU laws to be revised effective January 1, 2020;
WHEREAS, by adopting its own ADU and Junior ADU laws, the city is able to
retain at least some authority to regulate ADUs and Junior ADUs that it might not
otherwise have;
WHEREAS, the City Council intends to apply the state standards at local level with
the goal of allowing more housing production for all income levels within standards that
will result in construction and conversion of new ADUs in a more cohesive and integrated
manner.
SECTION 2: Code Amendment. Section 13-6 (Definitions). The definition of
"Accessory Dwelling Unit (ADU)" within Title 13, Chapter I, Article 2, Section 13-6
(Definitions) is hereby amended as follows (new text underlined and removed text is
stFikethrni inh):
Accessory Dwelling Unit (ADU). A connnd d w ellinn unit establisher! in GGRjURGti
with and suberdiRate to the single family dwelliRg unit existiRg on the pFoperty. The
of two (2) bedmems and be attaGhed to the SiRgle family dwelling unit OF 1E)Gated
2 2
. See Section
13-35.
SECTION 3. Municipal Code Section 13-35. Title 13, Chapter V, Article 1, Section 13-
35 is revised to provide:
Section 13-35. Accessory Dwelling Units
A. Purpose, general plan consistency, definitions.
Purpose and Interpretation. The intent of this section is to ensure that accessory
dwelling units (ADUs) and Junior ADUs remain as an accessory use to a single-
family residence, that the structures on parcels are organized to accommodate an
ADU and/or Junior ADU, and that such dwelling units do not adversely impact
surrounding residents or the community. This Section 13-35 is intended to retain
the ability of the city to regulate ADUs in terms of design, aesthetics, massing and
integration with existing structures and to comply with the requirements of state
law.
2. General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units
may, in some instances, result in dwelling densities exceeding the maximum
densities prescribed by the general plan. The city finds that this occurrence is
consistent with the general plan, as allowed under state planning and zoning law
applicable to ADUs, and that the amendment furthers the goals, objectives, and
policies of the general plan housing element.
3. Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit", "passageway"
and "tandem parking" all have the same meaning as that stated in
Government Code section 65852.2 as that section may be amended time
to time.
b. "Junior ADU" shall have the same meaning as that stated in Government
Code section 65852.22(h)(1) as that section may be amended from time to
time.
c. A structure is considered "existing" if a building permit was issued and
finaled at least two years before an application is submitted under this
section.
d. The terms "single family dwelling" and "multifamily dwelling" exclude all
garages, carports, and similar structures, regardless of whether such
structures are attached or detached from the dwelling.
e. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU)
within a multifamily dwelling structure, including detached single-family
homes where there is more than one (1) primary dwelling unit on a lot.
23
f. A "multifamily dwelling structure" is a structure which contains at least two
lawful dwellings within the structure, excluding ADUs and Junior ADUs.
Storage rooms, boiler rooms, passageways, attics, basements, garages
and other non -habitable spaces are considered within a "multifamily
dwelling structure" if such non -habitable spaces are within the same
structure as at least two other multifamily dwellings.
B. Accessory Dwelling Units
1. Residential and Mixed Use Zones Only. ADUs are permitted in single-family,
multi -family zones, and mixed use zones (i.e., zones where single family and/or
multifamily dwellings are allowed), and only on a legal lot with proposed or
existing residential dwelling(s) which will remain on site. By way of illustration
only, the zones where accessory dwellings are allowed are shown on the
Citywide Land Use Matrix at Section 13-30. If there is any conflict between the
requirement that ADUs be approved in (and only in) zones where single family
and multifamily dwellings are allowed and the Land Use Matrix, the former shall
control.
2. Underlying zone. Except as otherwise provided in this section, ADUs shall
conform to the development standards of the underlying zone.
3. Ministerial. Any application for an ADU that meets the requirements of this
section shall be approved ministerially by the city by applying the standards
herein and without a public hearing.
4. Maximum Number of Dwelling Units. The following is the maximum number of
ADUs and or Junior ADUs allowed on any lot. Only one category may be used
per lot.
a. Single -Family. Only one ADU and only one Junior ADU may be
permitted on a lot with a proposed or existing single family dwelling
subject to the following:
Conversion within a single family dwelling.
1. An ADU or Junior ADU may be within the existing footprint
of a lawful single family dwelling. Alternatively, an ADU
may be within a lawful existing accessory structure; in this
case up to 150 square feet may be added beyond the
physical dimensions of the existing accessory structure
solely to accommodate ingress and egress to the ADU;
and
2. Each such ADU and Junior ADU must have independent
exterior access from the single family dwelling, and have
side and rear setbacks sufficient for fire safety; or
24
ii. New Construction. One new construction ADU may be permitted
on a lot with proposed or existing single family dwelling. One new
construction Junior ADU may be allowed on the lot if the Junior
ADU is to be in a single family dwelling that meets all applicable
legal standards.
b. Multi -Family. Junior ADUs are not allowed on a lot with more than
one residence. ADUs are not allowed within new construction
residences where, after construction, there will be at least two
residence on the lot (e.g. detached residential structures, duplexes,
apartments); up to two ADUs are allowed with such structures
pursuant to subsection ii, below. For lots with an existing legal
multifamily dwelling (e.g., a legal non -conforming multifamily
dwelling), the applicant may have ADU(s) pursuant to one of the
following:
Maximum ADUs within Existing Multifamily Dwelling Structure.
No more than twenty-five percent (25%, with any partial unit
rounded down) of the number of existing multifamily dwelling
units on the lot, but at least one (1) unit, shall be permitted as
ADU(s) constructed within the non -livable space (e.g., storage
rooms, boiler rooms, hallways, attics, basements, or garages) of
the existing multifamily dwelling structures; or
ii. Maximum Detached External ADUs. No more than two detached
ADUs are permitted. Both units shall be detached from every
residence on site (but need not be detached from each other).
Such ADUs shall not exceed 800 square feet of gross floor area,
shall be no taller than sixteen (16) feet in height, and shall have
at least four (4) feet of side and rear yard setbacks; or
iii. Maximum Mixed (Detached / Within) ADUs. No more than one
ADU is permitted within the existing and enclosed non -livable
space (e.g., storage rooms, boiler rooms, hallways, attics,
basements, or garages) of the existing multifamily dwelling
structure; and no more than one ADU that is detached from each
multifamily dwelling structure on site, provided that such ADU
does not exceed 800 square feet of gross floor area, is no taller
than sixteen (16) feet in height, and has at least four (4) feet of
side and rear yard setbacks.
z�
5. Maximum Size.
a. Single Family
Detached. For lots with a proposed or existing single-family
dwelling, a detached ADU shall not have more than 1,200 square
feet.
Attached. An ADU attached to a single family dwelling shall be
no more than the greater of 50% of the square footage of the
existing single family dwelling or 1,000 square feet.
b. Multifamily Exterior Construction. For lots with an existing legal
multifamily dwelling structure, an ADU shall not exceed 800 square
feet.
C. Interior Conversions. Notwithstanding subsections a and b
immediately above, ADUs which are converted from space entirely
within lawful existing structures, and ADUs entirely within proposed
lawful single family dwellings, are not subject to a limit on maximum
square footage.
6. Conversions of dwelling units.
a. Total Conversion of Single Family Unit. An entire existing single
family or multifamily dwelling may be converted to an ADU if the ADU
complies with all applicable requirements of this ordinance and a new
single-family residence with a total gross floor area exceeding that of
the ADU is constructed in full compliance with code requirements.
b. Partial Conversion/Addition. A portion of the existing single family or
multifamily dwelling may be converted to an ADU with new additional
square footage, which additional square footage shall comply with all
standards applicable to attached ADUs, and all converted square
footage shall comply with standards applicable to conversions. The
maximum square footage of the attached ADU shall be based upon
the size of the existing primary dwelling before construction of the
ADU addition.
C. Junior ADUs.
1. Rule. Junior ADUs shall comply with the requirements of this subsection C, in
addition to the requirements of subsection D of this section 13-35.
2. Maximum Size. A Junior ADU shall not exceed 500 square feet in gross floor
area.
2-b
3. Owner Occupancy Requirement. The owner of a parcel proposed for a Junior
ADU shall occupy as a primary residence either the primary dwelling unit or the
Junior ADU. Owner -occupancy is not required if the owner is a governmental
agency, land trust, or "housing organization" as that term is defined in
Government Code Section 65589.5(k)(2), as that section may be amended
from time to time.
4. Short -Term Rentals Prohibited. A Junior ADU shall not be rented for periods of
less than 31 days unless otherwise authorized by the municipal code.
5. Location of Junior ADU. A Junior ADU shall be entirely within a single-family
residence.
6. Kitchen Requirements. A Junior ADU shall include an efficiency kitchen,
including a sink, a single or multiple cooktop, outlet for a small refrigerator, food
preparation counter and storage cabinets that are of reasonable size in relation
to the size of the Junior ADU.
7. Parkin- . No additional parking is required beyond that already required for the
primary dwelling.
8. Fire Protection; Utility Service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water,
sewer, or power, a Junior ADU shall not be considered a separate or new unit,
unless the Junior ADU was constructed in conjunction with a new single-family
dwelling. No separate connection between the Junior ADU and the utility shall
be required for units created within a single-family dwelling, unless the Junior
ADU is being constructed in connection with a new single-family dwelling.
9. Exterior and Interior Access. The Junior ADU shall include an exterior entrance
separate from the main entrance to the single-family dwelling.
D. Development Standards. All ADUs and Junior ADUs must comply with the following
requirements:
Ministerial Project. Any application for an ADU or Junior ADU that meets the
requirements of this section shall be approved without a public hearing.
2. Application by Owner. An application for a building permit for an ADU or Junior
ADU building permit shall be made by the owner of the parcel on which the
primary unit sits and shall be filed with the city on a city -approved application
form and subject to the established fee set by city council resolution as it may
be amended from time to time.
2
3. Separate Sale Prohibited. Except as otherwise provided by law (e.g.,
Government Code section 65852.26), ADUs and Junior ADUs may not be sold
or otherwise conveyed separate from the primary residence.
4. Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their
equivalent), including water, electric, and sewer services.
b. Except as provided in subsection c immediately below, the City may require
the installation of a new or separate utility connection between the ADU and
the utility. For Junior ADUs, see subsection D.8, above.
c. No separate connection between the ADU and the utility shall be required
for units created within a single-family dwelling, unless the ADU is being
constructed in connection with a new single-family dwelling.
d. Each ADU and Junior ADU shall have a separate mailing address.
5. Recorded Covenants. Before obtaining a building permit, the owner shall file
with the county recorder, in a form approved by the city attorney, a covenant
which does all of the following:
a. prohibit the sale of the ADU and Junior ADU separate from the
single-family residence; and,
b. unless subsequently prohibited by an amendment to state law, for
ADUs approved on or after January 1, 2025, the ADU shall be
considered legal only as long as either the primary residence or the
ADU is occupied by the owner of record or state law is amended to
prohibit such requirements. Junior ADUs require owner occupancy
of either the single family dwelling or the Junior ADU; and,
C. restrict the accessory second unit to the maximum size allowed by
Municipal Code section 13-35, as it may be amended from time to
time; and,
d. unless authorized by the municipal code, prohibit renting the ADU for
periods less than 31 days; and,
e. confirm that the restrictions shall be binding upon any successor in
ownership of the property, and lack of compliance shall result in legal
action against the property owner for noncompliance.
6. Passageway. No passageway shall be required in conjunction with the
construction of an ADU.
7. Building Permits Required. Applications for ADUs and Junior ADUs shall
conform to the requirements for, and shall obtain, a building permit consistent
with the requirements of Title 5 (Buildings and Structures). By way of reference
only, current requirements generally require all dwellings to have no less than
220 square feet. Fire sprinklers shall not be required if they are not required for
the primary residence; if, however, the ADU is attached to the primary dwelling,
and if an addition to the house would require sprinklers for an addition to the
primary dwelling in the same location, then sprinklers shall be required.
8. Setbacks.
a. None. No setbacks are required for: either (i) those portions of ADUs that
are created by converting existing living area or existing accessory
structures to a new ADU; or (ii) constructing new ADUs in the same location
and to the same dimensions as an existing structure. Notwithstanding the
foregoing, ADUs and Junior ADUs shall, at minimum, comply with setbacks
that are sufficient for fire and life safety.
b. Other Setbacks. For all other ADUs, there shall be a minimum of setbacks
of four feet from side and rear property lines and full compliance with all
applicable front yard setbacks. An ADU on a corner lot shall maintain a
minimum setback of ten feet from the public right-of-way on the street side
or be consistent with the existing setback distance of the main residential
structure, whichever is less.
c. Distance Between Structures. The minimum required distance between a
detached ADU and the primary dwelling unit, and all other structures on the
property, including garages, shall be six feet.
9. Height. Except as authorized in subsection b, below, in no event may any
portion of a new construction ADU exceed two stories or exceed the height of
any other dwelling that will be on the property. Furthermore, except as
authorized in subsection a and b, below, an ADU shall be entirely only on the
first floor.
a. Second Floor or Two -Stories. An ADU on a lot which has an existing
lawfully constructed single family dwelling or will have a new single family
dwelling, may be in whole or in part on a second floor, or be a two-story
ADU, if all five of the following occur:
i. all portions of the ADU on a second floor are at least 40-25 feet
from the front property line (except that front facing balconies may
be constructed as close as 20 feet from the front property line if
the balcony is open on three sides and the wall of the main
structure is at least 25 feet from the front property line);
ii. a€ach stairwell for the ADU is interior or complies with subsection
10, below; and
iii. the second floor of any portion of the ADU, if built above a
detached garage, does not exceed the footprint of the garage;
and
iv. no windows are installed on the second floor on side elevations if
such windows are within 25 feet of a neighboring dwelling and
79
face the neighboring property unless such windows have a
minimum sill height of at least five feet; and
v_the second floor (or the entire two-story ADU as applicable)
meets the setbacks applicable to additions and accessory
structures for the underlying zone.
b. Within Structure. The ADU is built entirely within either:
i. a proposed or existing lawfully constructed single-family dwelling,
except that an external stairwell to the ADU which meets all
requirements of this code, including the requirements of
subsection 10, below, may be constructed to allow access to the
ADU; or
ii. the non -habitable space of an existing multifamily structure.
10. Exterior Stairways and Balconies. An exterior stairway to a second -floor ADU
shall be facing the interior of the lot and shall not be readily visible from the
public right-of-way. Second floor landings using an exterior stairway shall be
kept to the minimum size required to comply with applicable codes. Stairways
and landings, which exceed standard sizes, and balconies are prohibited_
Stairways, landings, and balconies shall not be counted toward residential open
space requirements.
11.Architectural Standards.
a. Attached ADUs. Each ADU which is attached to the primary dwelling
shall appear to be part of the primary dwelling. It shall have the same
design, materials, finishes, and colors as the primary dwelling and
shall be in accordance with code design standards and guidelines
applicable to the zone.
b. Detached ADUs. Any detached ADU shall be compatible in exterior
appearance with the primary unit or units in terms of design,
materials, finishes, and colors within the same property on which it is
proposed to be constructed, in accordance with code design
standards and guidelines applicable to the zone.
C. Junior ADUs. Junior ADUs shall be compatible in exterior
appearance with the primary unit in terms of design, materials,
finishes, and colors within the same property on which it is proposed
to be constructed, in accordance with code design standards and
guidelines applicable to the zone.
12. Garage Conversions.
a. No Blank Fagade. When a garage is converted to an ADU, if the
fagade of the converted garage is visible from a public right-of-way,
the fagade must have substantial articulation in terms of design and
30
architectural features, or substantial landscaping, or some
combination thereof to improve aesthetics. For example, obscuring
the fagade with landscaping that covers at least 50 percent of the
wall would meet this requirement, as would construction of an
attached code -compliant pergola or awning which was constructed
in front of the fagade of the converted garage.
b. Driveway. The driveway may only be removed if it is replaced with
landscaping or open space, and the curb cut and driveway apron are
removed and replaced with a curb and gutter which meet city
standards.
13. Entry and Walkways. The entrance to an ADU or Junior ADU should be located
in a manner that it is subordinate to the main entrance of the primary
residence(s) such as areas along the side or within the interior of the property.
The walkway leading to the ADU shall be hardscaped and connect to the
driveway or the public sidewalk.
14. Parking.
a. The owner shall previdemay provide one parking spaGe for the ADU unle
is .-, sired The requir.1doarking that is parking paGe shallbeleast eight
and a half (8.5) feet wide and eighteen (18) feet long and may be provided
as:
Tandem parking on an existing driveway in a manner that does
not encroach onto a public sidewalk; or
Within a setback area or in locations determined feasible by the
city. Locations will be determined infeasible based upon specific
site or regional topographical or fire and life safety conditions,
or that such parking is not permitted anywhere else in the city.
31
s-b. When an existing garage, carport, or covered parking structure is
converted or demolished in conjunction with the construction of an ADU or
converted to an ADU, the off-street parking spaces do not have to be
replaced, notwithstanding any other provision of this code to the contrary
(e.g., the definition of "driveway" in section 13-6, Table 20-8(c) a driveway
does not lose its status as a lawful "driveway" if it leads to a structure that
was either converted from a garage into either an ADU or Junior ADU or
demolished in conjunction with the construction of an ADU or Junior ADU.
In no event shall the demolition of a garage be considered "in conjunction
with" the construction of an ADU if the ADU will not be constructed within
any portion of the footprint of the demolished garage
15. Non -Conforming. The city shall not require, as a condition of a permit for an
ADU or Junior ADU the correction of nonconforming development standards.
16. Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for
a term of less 31 days unless allowed by the Costa Mesa Municipal Code,
unless otherwise authorized by the Municipal Code.-
17.Open Space. ADUs which exceed 800 square feet in gross floor area shall
meet the open space requirements of Section 13-32.
SECTION 4. Municipal Code: Land Use Matrix.
Existing row 15.1 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), is
hereby revised as follows (new text underlined and removed text is trikethFeug ):
ZONES
P
I
P
P
P
R
2
2
R
CCCCT
MMD
D
D
R-
P
P
&&RP
LAND USES a
1
M
H
3
P
L
1
2
1
C'
G
P
R-
R-
R-
N
D
D
R
R
M
D
D
S'
L
M
H
C
C'
I'
,
S'
L
D'
D'
D'
M'
15.1 Incidental
residential use that
includes a toilet in
combination with a
MS
G
M-Ga
MG3
'
bathtub or shower.
P
P
P
P
•
•
P
P
P
P
P
P
This applies to an
accessory use
contained in a
detached structure,
32
ZONES
P
I
P
P
P
R
2
2
R
CCCCT
MMD
D
D
R-
P
D
&&RP
LAND USES a
1
M
H
3
PL
1
2
1
R-
R-
R-
N
D
RRM
D
D
S�C'GPL
M
H
C'
11
S'
L
D'
D'
D'
M i
1
or contained within
he main structure
with no interior
connection between
he main and
incidental use. Land
Use Restriction
re wired
Additionally, existing rows 22.2 and 22.3 of Title 13, Chapter IV, Section 13-30 (Citywide
Land Use Matrix), revised as follows, such that existing row 22.3 is renumbered to 22.4,
and a new row 22.3 is added.
ZONES
P
I
R
R
C
D
D
D
R
P
P
I
&
R
LAND USES4
R
2
2
R
C
C
C
1
C
M
M
R
R
R
N
D
D
&
R
M
P
1
M
H
3
P
L
1
S
1
G
P
L
M
H
C
111
R
S
L
D
D
1
D
D
D
M
1
1
1
1
1
1
2.2 Accessory dwelling unit
(subject to the requirements of
P2
P2
P2
P2
•
•
•
•
P2
P2
P2
P2
P2
P2
P2
.
-
p2
—
•
chapter V, section 13-35,
—
—
—
—
—
—
—
—
—
-
accessory dwelling units)
2.3 Junior Accessory Dwelling
P2
P2
P2
P2
0
P2
P2
P2
P2
P2
P2
'
'
P2o
Unit subject to the
requirements of chapterV
section 13-35 accessory
dwellin units
2.34 Temporary real estate
and construction offices (subject
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
P2
o the requirements of chapter
IX, article 10, temporary trailers)
SECTION 5. Municipal Code Section 13-85 (Parking). Title 13, Chapter VI, Section
13-85 (Parking Requirements for Residential Development) of the Costa Mesa Municipal
Code is hereby amended as follows (new text underlined and removed text is
strikethFe- inh).
33
(d) Parking for accessory dwelling units and junior accessory dwelling units shall be
provided per the requirements of Section 13-35. . One (1) parking spaGe shall be
be on addition to any paFking requiFed feF the single family FesidenGe. Tandem
paFking means that two (2) er more automobiles are parked en a driveway or
When the aGeessery dwelling unit is leeated within one half (0.5) Fnile
�2) When the aGGesseFy dwelling unit is IoGated within an aFGhiteGtk
esadenno er an aGGe soP & ri Gt iro.
Upa
,4) When on street paFking-peFmits are required but not offered to the eer
dwelling unit. Te prevent ear shaFing appliGatiens that allew individuals
aGaF share n
Fneans that the vehiGle is
an established prograrn intended to stay in a fixed IGGation for at le
yeaFs and available to the publiG.
single family residenGe shall meet the euFrent --,L,' Liffirements sw
rn000nni dwelling unit,
SECTION 6. Municipal Code Sections 13-261.2 through 13-261.8 (Park Fees
A new Article 4, entitled, "Park and Recreation Impact Fees" is added to Chapter XII of
Title 13 of the Costa Mesa Municipal Code. Existing Municipal Code sections 13-261.2
through 13-261.8 are hereby moved to Article 4, and shall be amended to provide as
follows.
13-276.1. Purpose.
The purpose of this article is to establish the procedures for the payment of parks and
recreation impact fees in conjunction with the establishment of new residential units.
13-276.2. Requirement.
(a) Any party that creates a multi -family residential development (e.g., apartment, duplex,
triplex, multiplex) for renter households (collectively, "apartments") and any party who
3 `�
creates any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU), shall
remit park fees as established in this Article to provide park and recreational facilities to
serve the future residents of such units.
(b) The requirements of this Article are in addition to any other applicable requirements
of the municipal code, including Municipal Code 13-250 et seq., which sections relate to
park/dedication fee requirements applicable to subdivisions.
13-276.3. Relation of land required to population density.
Consistent with the general plan, it is hereby found and determined that the public interest,
convenience, health, welfare and safety require that 4.26 acres of property for each one
thousand (1,000) persons residing within the city be devoted to public park and
recreational purposes.
13-276.4. Population density.
For the purposes of this article, population density shall be established by resolution of
the city council, utilizing the following classifications:
(a) Apartments. Any building (or portion thereof) or collection of buildings which provide
two or more self-contained dwelling units not designated for separate ownership (i.e., the
units not legally subdivided for homeownership). Notwithstanding the foregoing, for
purposes of this article, ADUs and JADUs are not considered "apartments.", and junior
(b) Determination of the number of dwelling units. The total number of dwelling units
shall be determined by the number of units proposed for construction. When the actual
number of units is unknown, the number of the units shall be based on the maximum
number of units which are permitted by the general plan for the property at the time the
tentative or parcel map is filed with the city.
13-276.5. Park fee formula for apartments.
The amount of park fee for apartments required pursuant to this section shall be based
on the following formula:
FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000
Definition of terms:
FEE —The maximum cost to be appraised for fee payment
4.26—Number of acres per one thousand (1,000) persons
A.D.F.—Apartment density factor obtained from section 13-261.5 population density as
applicable to the proposed development.
D.U.—Number of dwelling units
P.C.—Proportionate cost is the sum of the weighted cost of park land acquisition per acre
of land and cost of construction per acre of land.
13-261.6. Amount of park fee for "apartments" and accessory dwelling units and
junior accessory dwelling units.
(a) (1) Fee Resolutions. The fees authorized via this article shall be periodically
established and/or adjusted via a resolution of the City Council. Such fees shall comply
with Government Code section 66000 et seq., and shall not exceed the amounts
authorized by Government Code section 66000 et seq.
(2) ADU and JADU fees. The fees for ADUs and JADUs shall take into
consideration the fees charged for apartments, and shall not violate be-Ea!Gulated
Gon intent with the ts of Government Code 65852.2, as it may be amended
from time to time.
(b) _Nothing in this section shall prohibit the dedication and acceptance of land for park
and recreation purposes where the developer proposes the dedication voluntarily and the
land is accepted by the city council at its discretion. When land dedication is provided, it
shall be accomplished consistent with applicable local ordinances, including any
applicable requirements of the Subdivision Map Act.
(c) If the developer objects to the amount of the fee pursuant to this article, an appeal
may be made to the city council by filing an application of appeal with the city clerk and
payment of an appeal processing fee as determined by the city council. A notice of appeal
shall be filed with the city clerk within seven (7) days of payment of the fee. The developer
shall have the burden of proof in contesting the amount of the fee. Within thirty (30) days
of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city
council, and the decision shall be final and conclusive in determining the amount of the
fee.
(d) The fee shall be paid to the development services department and shall be deposited
and held in appropriate trust accounts and may be expended therefrom only for the
purpose of developing new or rehabilitating existing neighborhood or community park or
recreation facilities to serve the development on which the fee is charged. Upon receipt
of the fee, the development services department shall issue a receipt, and the receipt
shall be presented as proof of payment of the fee prior to the issuance of any permit for
buildings and structures pursuant to this Zoning Code.
(e) In order that the fees levied pursuant to subsection (a) keep pace with the cost of
land, the fee schedule described in subsection (a) shall be periodically adjusted on a
biennial basis, or as specified by city council by resolution. The fee schedule shall be
adjusted consistent with applicable law.
(f) Upon application to the development services department, the payment of the fee
may be deferred where the department makes the following findings:
(1) The developer has entered into a fee agreement with written evidence of
adequate security to assure payment of the fee at a date prior to the issuance of a
certificate of occupancy, and in a form approved by the city attorney; and
(2) The deferral of the fee shall not adversely impact the development of new or
the rehabilitation of existing neighborhood or community park or recreational facilities to
serve the development.
13-276.7. Procedure, credit.
(a) Procedure. When fees are required, the same shall be deposited with the
Development Services Department prior to issuance of building permits.
(b) Credit. Credit shall be granted for dwelling units demolished as a part of the
development. This credit shall be limited to the number of units existing at the time of the
approval of the project and shall not be transferred to other developments.
SECTION 7. Repeal. All portions of prior ordinances, including those within Urgency
Ordinance 19-19, to the extent that they are inconsistent with the terms of this ordinance
are replaced by the terms of this ordinance.
SECTION 8. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code
section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines
sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new
construction or small structures] and 15305 [minor alterations to land]. This ordinance is
also exempt under CEQA Guidelines section 15061, because this ordinance will not have
a significant effect on the environment, because ADUs will largely constitute infill housing
which is exempt from CEQA.
SECTION 9. Inconsistencies with State Law. Any provision of this ordinance which is
inconsistent with state law shall be interpreted in a manner which is the most limiting on
the ability to create ADUs or Junior ADUs, but which is consistent with state law. Any
provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 10. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
3�
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 11. Effective Date. This Ordinance shall take effect on the 31 st day after
adoption.
SECTION 12. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
SECTION 13. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this ordinance to the Department of Housing and Community Development within 60
days of the adoption of this ordinance.
SECTION 14 Processing Existing Applications. For complete applications which
involve ADUs and/or JADUs which were in plan -check or which were included in a
complete application- as of the effective date of this ordinance (i.e., city staff issued a
building permit number) the portions of the applications that apply to ADUs and JADUs
shall continue to be processed (and approved or denied) pursuant to Urgency Ordinance
19-19 All other applications which involve ADUs and/oOr JADUs shall be processed
pursuant to the requirements of this ordinance. Applicants w#+E#who opt to rescind any
pending application for an ADU or JADU may resubmit the application pursuant to this
ordinance: however, any such applicant's processing fees (distinguished from
development impact fees) for the original application shall not offset the processing fees
for the new application.
PASSED AND ADOPTED this day of , 2021
Katrina Foley, Mayor
ATTEST: APPROVED AS TO FORM
Brenda Green, City Clerk
Kimberly Hall Barlow, City Attorney
38
I, Brenda Green, City Clerk of the City of Costa Mesa, do hereby certify that the
above and foregoing is a true and correct copy of Ordinance No.2021-03x-4
introduced at a regular meeting of the City Council of the City of Costa Mesa held on the
2nd day of February , 2021, and was thereafter adopted at a regular meeting
held on the day of , 2021, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Said ordinance has been published or posted pursuant to law.
Witness my hand and the official seal of the City of Costa Mesa this day of
2021.
Brenda Green, City Clerk
39
CO-2020-04
ADU CODE
AMENDMENT
February 16, 2021
City Council
v v
2
PROPOSED CODE AMENDMENT
1. City Council (First Reading) – February 02, 2021
2. City Council (First Reading Con’t) – February 16, 2021
3. City Council (Second Reading)
4. Effective 30 days after second reading
v v
3
FIRST READING ON FEBRUARY 2, 2021
• City Council made modifications to the proposed ordinance including:
• Second-story ADUs
• Front facing balconies
• Parking
• Short-term rentals (LUR)
v v
4
2ND FLOOR / TWO-STORY ADU SETBACKS & HEIGHT
25’
20’
Property
lineall portions of the ADU on a second floor
are at least 40 25 feet from the front
property line (except that front facing
balconies may be constructed as close as
20 feet from the front property line if the
balcony is open on three sides and the
wall of the main structure is at least 25
feet from the front property line);
v v
5
PARKING
The owner shall provide may provide one parking
space for the ADU unless the ADU has no bedrooms
(e.g., a studio), in which case no parking space is
required. The required parking that is parking space
shall be at least eight and a half (8.5) feet wide and
eighteen (18) feet long and may be provided as:
v v
6
SHORT TERM RENTAL
16. Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for a term of less 31
days, unless allowed by the Costa Mesa Municipal Code.
v v
7
MINOR REVISION
• Section D.9:
Except as authorized in subsection b, below, in no event may any portion of a
new construction ADU exceed two stories or exceed the height of any other
dwelling that will be on the property except that in all cases, a height of at least
16 feet shall be allowed for such ADUs. Furthermore, except as authorized in
subsection a and b, below, an ADU shall be entirely only on the first floor.
• Section D.16:
Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for a
term of less 31 days, unless allowed by the Costa Mesa Municipal Code.,
unless otherwise authorized by the Municipal Code.
v v
8
RECOMMENDATION
• Find the Ordinance exempt from CEQA; and
• Give first reading to Ordinance No. 2021-03 (Code Amendment CO-
2020-04)
CO-2020-04
ADU CODE
AMENDMENT
February 16, 2021
City Council
v v
10
NEXT STEPS
• If approved, the Ordinance will become effective 30 days after the
second reading
•Update the City’s website, materials and internal practices
From: Aaron Klemm <aaron_klemm@hotmail.com>
Sent: Thursday, February 11, 2021 8:59 PM
To: CITY CLERK; REYNOLDS, ARLIS
Subject: 2/16/2021 meeting Item Number CC-8 - ADU ordinance
Public comment on 2/16/2021 meeting Item Number CC-8
The 10' setback on exterior side lot lines is over -broad and unduly restricts housing/ADU development contrary
to state law. The rationale put forward by city staff in the first reading stated that visual impacts, promoting
neighborhood compatibility and privacy impacts justify this restriction because state law remains silent on these
sub -topics of setbacks. These concepts represented by these words do not consist of objective criteria and
amount to an invitation for legal action from YIMBY/CARLA, HCD's enforcement division and/or state legislative
action to correct the silence/oversight/loophole that city staff described.
Secondarily, a city council member mentioned that a significant concern for the 10' exterior side lot line setback
requirement was traffic safety. In the event traffic safety was a factor in the inclusion of this undue restriction,
traffic visibility triangles are an objective criteria to address this concern. If the traffic visibility triangle is
achievable and maintained, then the 4' setback on the remainder of the side lot line set forth in state law should
govern. Additionally, visibility triangles encourage motorist speeding by extending sight lines and driver over-
confidence. Structural traffic calming measures are far superior, such as curb popouts and choke
downs. Structural traffic calming measures should also be included in the ordinance as another set of objective
criteria to address traffic safety concerns. Both of these objective criteria would permit the 4' setback required
in state law reducing the city's potential liability associated with the undue restrictions based on discretionary
interpretations in the as -drafted municipal ordinance.
In closing, Costa Mesa has been better than most OC cities on housing. However, both the climate crisis and the housing
crisis require the city to do more to ensure quality of life for everyone. I encourage City Council to adopt an ordinance
that fully aligns with the spirit and letter of state law on housing by eliminating the 10' exterior side lot line setback.
Aaron Klemm
Westside Costa Mesa voter
From: Celina Stuart <celinastuart@yahoo.com>
Sent: Monday, February 15, 2021 4:17 PM
To: CITY CLERK
Subject: Comment on ADU Ordinance - 2/16/21 Mtg Agenda Item #8
Attachments: CM Draft ADU Ord_2-2021-height limitation edits.pdf
Hello,
I would like to provide the following comment for Agenda Item #8 of the 2/16/21 City Council Meeting - 2nd reading of the
ADU ordinance.
Dear Costa Mesa Councilmembers,
I have a suggestion for a change to the new ADU ordinance which is scheduled to have its 2nd reading in the council
meeting on 2/16/21.
We are currently designing an ADU for our property on the 900 block of Joann Street and have identified a limitation in the
ordinance that I believe impacts many of our our west side properties. The issue is the height restriction for single story
ADUs. See table from the staff report (pg 6) below - it says single story ADUs cannot exceed the height of any other
dwelling on the property.
The freedom/sunshine homes and other similar home designs prevalent on the west side of the city are only 12' tall. With
a 12' height we only have 8' ceilings and a very small crawl space above. As you've likely noticed, many people do
remodels and raise the height of their added rooms, often up to 16' (which I presume is the allowable limit). Having a
higher ceiling makes the space feel much larger, more open, and pleasant. And from what I understand almost no new
single family construction is only 12' because of this.
For an ADU this same sentiment holds true, allowing a higher ceiling can make a small space feel so much bigger and
more comfortable. Having higher ceilings will allow people to more comfortably live in a smaller space (more sustainable
and cheaper to build too). However for our part of the city, most homeowners looking to build an ADU will be limited to
only 12'.
To remedy this, I suggest that the ordinance be modified allow single story ADUs to "Not exceed the height of any other
dwelling that will be on the property by more than 2 feet, with a maximum height of 16 feet."
With a 13 or 14 foot height, an ADU could include a small loft (with a low ceiling) for storage or a sleeping area. Most tiny
homes include this type of design feature, with a total height of 14', and are a great way to make the most of small space.
As many of you likely know if you've visited one, the freedom homes are only about 1000 sq ft and feel very small.
Remodeling them to increase the ceiling height of the main dwelling unit is very expensive. Adding wall/ceiling height
requires new footings and adds significant cost. Having an opportunity to create an ADU with higher ceilings is a great
alternative to increasing the height of the main house.
I support the sentiment of keeping the look and feel of the neighborhood and not wanting giant ADUs overshadowing
single story homes. However, I think there is definitely a middle ground to explore here. Allowing property owners an
additional few feet will allow our west side CM property owners more flexibility to build what they want and need within a
smaller footprint, without damaging the character of our neighborhoods. I expect this would be good for property values
as well.
Attached is the draft ADU ordinance for your reference with my suggested edit (page 8) to allow an additional 2' of height
on single story ADUs. I believe the current limit disproportionally impacts the west side homeowners and is in conflict with
sustainable design and cost-effective improvements.
Thanks so much for considering this change. I'm happy to discuss further or assist in anyway I can.
Celina Stratton
Table from staff report - pg 6.
Table 3 -Pro used General Height
Maximum Height
Requirement
Single -story
16 feet
• Not to exceed the height of any other dwelling that
ADU
will be on the property
Second floor
Pitched roof - 27 feet
. Second floor or two-story ADUs are permissible
/ two-story
Flat roof - 22 feet
provided that the ADU is at least 40 feet from the
ADU
front property line; a conversion within a two-story
dwelling structure may he 20 feet from the front
property line.
• Two story structures shall not exceed 27 feet
consistent with the height requirements of the
underlying zone