The purpose of this chapter is to adopt a permitting process
for accessory dwelling units that complies with Government Code Section
65852.2 to achieve timely and cost-effective construction of accessory
dwelling units.
(Ord. 3209-23 § 2)
have the meanings defined in Section 19.12.020 of this code.
means the single-family home or multifamily dwelling structure
on the same lot as the accessory dwelling unit.
(Ord. 3209-23 § 2)
(a)
The construction of an accessory dwelling unit shall not constitute
a Group R occupancy change under the local building code, as described
in Section 310 of the California Building Code (Title 24 of the California
Code of Regulations), unless the building official or enforcement
agency of the local agency makes a written finding based on substantial
evidence in the record that the construction of the accessory dwelling
unit could have a specific, adverse impact on public health and safety.
Nothing in this clause shall be interpreted to prevent a local agency
from changing the occupancy code of a space that was unhabitable space
or was only permitted for nonresidential use and was subsequently
converted for residential use pursuant to this section.
(b)
Accessory dwelling units shall not be required to provide fire sprinklers
unless required for the primary dwelling.
(c)
A junior accessory dwelling unit shall not be considered a separate
or new dwelling for purposes of fire safety or life safety.
(d)
Where an accessory dwelling unit is built in connection with the
construction of a new single-family home, occupancy of the accessory
dwelling unit shall not be allowed until the city approves occupancy
of the primary dwelling.
(Ord. 3209-23 § 2)
The construction of an accessory dwelling unit shall not trigger
a requirement for fire sprinklers to be installed in the existing
primary dwelling.
(Ord. 3209-23 § 2)
A demolition permit for a detached garage that is to be replaced
with an accessory dwelling unit shall be reviewed with the application
for the accessory dwelling unit and issued at the same time.
(Ord. 3209-23 § 2)
The building permit shall not be denied due to nonconforming
zoning conditions, building code violations, or unpermitted structures
that do not present a threat to public health and safety and are not
affected by the construction of the accessory dwelling unit.
(Ord. 3209-23 § 2)
(a)
Prior to January 1, 2030, the owner of an accessory dwelling unit
that was built before January 1, 2020, may submit an application to
the director requesting that correction of any violation of building
standards be delayed for five years. For purposes of this section,
"building standards" refers to those standards enforced by local agencies
under the authority of Section 17960 of the California Health and
Safety Code.
(b)
The director shall grant the application if the director determines
that enforcement of the building standard is not necessary to protect
health and safety. In making this determination, the director shall
consult with the city's chief building official and fire marshal.
(c)
No applications pursuant to this section shall be approved on or
after January 1, 2030. However, any delay that was approved by the
enforcement agency before January 1, 2030, shall be valid for the
full term of the delay that was approved at the time of the approval
of the application.
(d)
Until January 1, 2030, any notice to correct a violation of building
standard that is issued to the owner of an accessory dwelling unit
built before January 1, 2020, shall include a statement that the owner
has a right to request a delay in enforcement of the building standard
for an accessory dwelling unit pursuant to this section.
(e)
This section shall remain in effect until January 1, 2035, and as
of that date is repealed.
(Ord. 3209-23 § 2)
The building permit shall be approved or denied within sixty
days from the date the city receives a completed application. Incomplete
applications will be returned with an explanation of what additional
information is required, and the sixty-day period shall be tolled
until a complete application is submitted.
(Ord. 3209-23 § 2)
