The purpose of this chapter is to facilitate the increased production
of accessory dwelling units, as well as junior accessory dwelling
units, and to provide reasonable regulations for their development
on lots developed or proposed to be developed with a residential dwelling(s).
Formerly referred to as "accessory second units" in the municipal
code, such accessory dwelling units (ADUs) can contribute needed housing
to the community's housing stock and promote housing opportunities
for persons from a range of socioeconomic backgrounds who wish to
reside in the City of Claremont. In addition, the regulations in this
ordinance are intended to promote the goals and policies of the City's
General Plan and comply with requirements codified in the State Planning
and Zoning Law related to accessory dwelling units in residential
areas, including
Government Code Sections 65852.2 and 65852.22.
(19-07; 20-02)
"Architecturally and historically significant district,"
is defined, for the purposes of this chapter, as the areas having a zoning designation of Historic Claremont (HC) as established in Chapter
16.004 or Arbol Verde Single-Family Residential (AV1 & AV2) as established in Chapter
16.019, and shall also include individual properties listed on the California Register of Historic Resources and/or the National Register of Historic Places.
"Car share vehicle area"
is defined as a designated pick-up and drop-off area for
two or more motor vehicles that are operated as part of a regional
fleet by a public or private car sharing company or organization that
provides hourly or daily car-sharing services.
"Height"
shall be, for the purposes of this chapter, the vertical
distance to the highest point of the structure from the average elevation
of the ground under the building.
"Plate height"
is defined as the vertical distance between the finished
floor level and where the wall intersects with the roof or the floor
joists of the story above.
(19-07; 20-02)
An accessory dwelling unit and junior accessory dwelling unit
that conforms to this chapter shall:
A. Be
deemed an accessory use or an accessory building and not be considered
to exceed the allowable density for the lot upon which it is located;
B. Be
deemed a residential use that is consistent with the General Plan
and the zoning designations for the lot;
C. Not
be considered in the application of any ordinance, policy, or program
to limit residential growth; and
D. Not
be considered a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water
and sewer service.
(19-07; 20-02)
Subject to
Government Code Section 65852.2(e), one accessory
dwelling unit or one junior accessory dwelling unit that meets the
requirements of this chapter may be located on a lot in any area zoned
to allow single-family or multifamily dwelling residential use that
contains a proposed or existing dwelling unit.
(19-07; 20-02)
Prior to issuance of a building permit for an accessory dwelling
unit or a junior accessory dwelling unit, a deed restriction shall
be recorded against the title of the property in the Los Angeles County
Recorder's Office and a copy shall be filed with the City Clerk. Said
deed restriction shall run with the land, and shall bind all future
owners, heirs, successors, or assigns. The form of the deed restriction
shall be provided by the City and shall provide that:
A. Neither
the accessory dwelling unit/junior accessory dwelling unit nor the
primary dwelling unit shall be sold separately.
B. Neither
the accessory dwelling unit/junior accessory dwelling unit, nor the
primary dwelling unit shall be rented for a period of less than 30
days.
C. If the accessory dwelling unit or the primary dwelling unit is rented, that the owner of the property for which an accessory dwelling unit permit shall obtaining and maintain a valid business permit pursuant to CMC Chapter
5.20, Business Permits.
D. The
unit is restricted to the approved size and attributes of this chapter.
E. The
deed restrictions run with the land and may be enforced against future
owners of the property.
F. The
deed restrictions may be removed if the owner eliminates the accessory
dwelling unit as evidenced by the removal of the kitchen facilities,
bathroom facilities, or both.
G. The
deed restrictions shall be enforced by the Director of Community Development
or his or her designee for the benefit of the City of Claremont. Failure
of the property owner to comply with the deed restrictions may result
in legal action against the property owner and the City shall be authorized
to obtain any remedy available to it at law or equity, including but
not limited to obtaining an injunction enjoining use of the accessory
dwelling unit in violation of the recorded restrictions or abatement
of the illegal unit.
(19-07; 20-02)