Placentia City Zoning Code
CHAPTER 23
73 ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS
§ 23.73.010 Purpose.
This chapter is intended to establish ministerial regulations consistent with Government Code Sections 65852.2 and 65852.22 in a manner which properly balances the city’s goals of: (1) expanding the mix of housing opportunities in the city by encouraging the establishment of accessory dwelling units within the city; and (2) maintaining the character of residential neighborhoods by regulating when and how accessory dwelling units may be built and operated. If there is any inconsistency between the terms of this chapter and mandatory requirements of state law, the mandatory requirements of state law shall control, but only to the extent legally required.
(Ord. 84-O-117 § 1, 1984; Ord. O-2019-01 § 2, 2019; Ord. O-2020-01 § 2, 2020)
§ 23.73.020 Definitions.
For purposes of this chapter the following definitions shall apply:
means a residential dwelling unit which is attached, detached, or located within a single-family residence, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the residential dwelling is situated. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code.
shall mean a unit that is no more than five hundred (500) square feet and contained entirely within a single-family residence.
(Ord. 84-O-117 § 1, 1984; Ord. 91-O-114 § 1, 1991; Ord. O-2019-01 § 2, 2019; Ord. O-2020-01 § 2, 2020)
§ 23.73.030 Ministerial review for junior and accessory dwelling units.
Applications for junior and accessory dwelling units shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if they meet the requirements of this chapter.
(1)
If the application is submitted in conjunction with an application for a new single-family dwelling, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially approved if it meets all requirements within sixty (60) days.
(2)
The city shall grant a delay if requested by the applicant.
(Ord. O-2020-01 § 2, 2020)
§ 23.73.040 Accessory dwelling units permitted use.
Notwithstanding any other provision of this title to the contrary, accessory dwelling units and junior accessory dwelling units are a ministerially permitted use in the following zones when developed in accordance with the provisions of this chapter:
(Ord. 84-O-117 § 1, 1984; Ord. 91-O-114 § 2, 1991; Ord. 94-O-103 § 3, 1994; Ord. O-2019-01 § 2, 2019; Ord. O-2020-01 § 2, 2020)
§ 23.73.050 Submittal requirements.
Each application for an accessory dwelling unit shall comply with the following requirements:
(1)
Fees. The applicant must pay all required fees which may be set by the city council by resolution, including, but not limited to, fees for staff to review the project, permit and inspection fees.
(2)
Application Contents. The application shall include the following documents, which shall be reviewed and approved by the director of development services or designee:
(A)
Plot Plan (Drawn to Scale). Three (3) sets of plans, including plot plans, elevations and landscape plans. The plans shall be drawn to scale and shall indicate clearly, and with full dimensioning, the following information:
(i)
Lots;
(ii)
Setbacks;
(iii)
Rights-of-way;
(iv)
Building envelopes of current and proposed buildings and structures;
(v)
Paved areas;
(vi)
Location, size, height, materials, colors, and proposed use of buildings and structures;
(vii)
Yards and space between buildings;
(viii)
Walls and fences; location, height, materials and color;
(ix)
Off-street parking delineated as to: location, number of spaces and dimensions of parking area;
(x)
Grading and drainage plans.
(B)
Floor Plans. Complete floor plans of both existing and proposed conditions. The dimensions of each room shall be provided, along with the resulting floor area calculation. The use of each room shall be labeled. The size and location of all doors, closets, walls and cooking facilities shall be clearly depicted.
(C)
Elevations. North, south, east, and west elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed accessory dwelling unit.
(Ord. 84-O-117 § 1, 1984; Ord. O-2019-01 § 2, 2019; Ord. O-2020-01 § 2, 2020)
§ 23.73.060 Development standards.
(a)
Underlying Zoning. Accessory dwelling units shall comply with all of the development standards for a new residential dwelling unit in the zone in which the accessory dwelling unit is to be located, including, but not limited to, setbacks, height, and lot coverage unless otherwise addressed by this chapter.
(b)
The following standards shall also apply:
(1)
Floorspace.
(A)
The total area of floorspace of an attached accessory dwelling unit shall not exceed fifty (50) percent of the proposed or existing primary dwelling living area or one thousand two hundred (1,200) square feet, whichever is less.
(B)
The total area of floorspace of a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.
(C)
The minimum floorspace requirements shall allow an efficiency unit, as defined in Health and Safety Code Section 17958.1.
(2)
Setbacks.
(A)
Front yard setbacks shall comply with the requirement of the zone in which the accessory dwelling unit is to be located;
(B)
Side and rear yard setback requirements shall be four (4) feet;
(C)
If an existing garage or other accessory structure is converted to an accessory dwelling unit, or an accessory dwelling unit is built in the same location and to the same dimensions, then no setback is required beyond that which exists for the existing garage or accessory structure.
(3)
Distance Between Buildings. The minimum required distance between a detached secondary dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet.
(4)
Height. Detached accessory dwelling units shall not exceed twenty (20) feet in height. Attached accessory dwelling units shall comply with all height requirements applicable to the primary structure.
(5)
Notwithstanding the requirements above, an applicant shall be entitled to build an eight hundred (800) square foot accessory dwelling unit behind the front yard setback provided that it is no more than twenty (20) feet in height with at least four (4) foot side and rear yard setbacks.
(6)
Architecture. The accessory dwelling unit shall be of the same architectural style as the primary dwelling. The building materials, colors and exterior finishes shall be substantially the same as the primary dwelling. The entrance to the accessory dwelling unit shall not be clearly visible from the street adjacent to the property or on the same side as the entrance to the primary dwelling unit.
(7)
Parking. In general, one (1) off-street parking space shall be provided for the accessory dwelling unit in addition to the existing parking for the primary residence. This required parking space may be covered or uncovered and shall meet all parking space location, dimension, and surfacing requirements as outlined in Chapter 23.78, except as modified herein. The space may be provided as tandem parking on an existing driveway, provided the parking space blocks no more than one (1) other required parking space and may be provided in other setback areas. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, no replacement parking for the primary structure shall be required. A parking space for an accessory dwelling unit shall not be required in any of the following instances:
(A)
The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit. For these purposes, “public transit” means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(B)
The accessory dwelling unit is located within an architecturally and historically significant historic district.
(C)
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(D)
When on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.
(E)
When there is a car share vehicle located within one (1) block of the accessory dwelling unit. For these purposes, “car share vehicle” means a motor vehicle that is to park in parking spaces designated for the exclusive use of car share vehicles, operated as part of a regional fleet by a public or private car sharing company or organization, and provides hourly or daily service.
(8)
Entrances. No more than one (1) exterior entrance on any one (1) side of the accessory dwelling unit is allowed.
(9)
Stairways. No exterior stairways to the accessory dwelling unit may be clearly visible from any street immediately adjacent to the property.
(10)
Primary Unit Development Standards. The primary unit shall continue to comply with the minimum standards applicable to the primary dwelling unit in the zone, except as may be modified by this chapter.
(11)
Utilities.
(A)
All utility installations shall be placed underground.
(B)
Water and sewer service to the site and the accessory dwelling unit shall be adequate.
(C)
For an accessory dwelling unit contained within an existing single-family home or an existing accessory structure meeting the requirements of Section 23.73.080(a)(1) below, the city shall not require the installation of a new or separate utility connection between the accessory dwelling unit and the utility or impose a connection fee or capacity charge. Such requirements may be imposed when the accessory dwelling unit is being proposed within a new single-family home.
(D)
For all other accessory dwelling units other than those described in subsection (C) above, the city shall require a new or separate utility connection between the accessory dwelling unit and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures.
(12)
Legal Lot. The accessory dwelling unit will be on a lot that has been legally subdivided.
(13)
One (1) Accessory Dwelling Unit. Except as otherwise allowed in this chapter, only one accessory dwelling unit shall be allowed per residential lot
(14)
Accessory dwelling units shall comply with all applicable building standards code requirements. However, fire sprinklers shall not be required in any accessory dwelling unit if they were not required in the primary unit.
(15)
Exception for an ADU Within an Existing Structure. If the following requirements of this subsection are met, then an accessory dwelling unit need not comply with lot coverage requirements, maximum height requirements, the requirement to provide a parking space, and the setback requirement shall be only the minimum required to comply with applicable fire safety standards. All other code requirements continue to apply:
(16)
ADU Does Not Exceed Density. When determining whether a lot exceeds the maximum permissible number of dwelling units on the lot, an accessory dwelling unit that conforms to the standards of this chapter shall not be considered a dwelling unit for purposes of that calculation. Additionally, the accessory dwelling unit shall be considered to be consistent with the existing general plan and zoning for the lot.
(Ord. 84-O-117 § 1, 1984; Ord. 91-O-114 § 4, 1991; Ord. O-2002-10 § 4, 2002; Ord. O-2019-01 § 2, 2019; Ord. O-2020-01 § 2, 2020)
§ 23.73.070 Additional requirements.
Accessory dwelling units shall also be subject to the following requirements:
(1)
Property Owner On-Site. If different families reside in a single-family residential unit and the accessory dwelling unit, one (1) of the families must include the property owner. This requirement shall not apply to any accessory dwelling unit approved between January 1, 2020 and January 1, 2025.
(2)
Additions. Any additions to an accessory dwelling unit shall meet the requirements of this chapter.
(3)
Impact Fees. Notwithstanding any fee resolution to the contrary:
(A)
No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size.
(B)
For accessory dwelling units seven hundred fifty (750) square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(C)
All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code Sections 66000 et seq. and 66012 et seq.
(D)
For purposes of this section, “impact fee” shall have the same meaning as set forth in Government Code Section 65852.2(f).
(4)
Deed Restriction. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows:
(A)
The accessory dwelling unit shall not be sold separately from the primary residence.
(B)
Rentals of the accessory dwelling unit and the primary unit shall have a contract length of at least thirty-one (31) days.
(C)
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 compliance with the requirements for an accessory dwelling unit.
(D)
If subsection (1) of this section applies, the covenant shall also state that if different families reside in the primary unit and the accessory dwelling unit, one (1) of the families must include the property owner.
(5)
Enforcement. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows:
You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the city development services department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five (5) years from the date of the original notice.
(Ord. 84-O-117 § 1, 1984; Ord. 91-O-114 § 4, 1991; Ord. O-2002-10 § 4, 2002; Ord. O-2019-01 § 2, 2019; Ord. O-2020-01 § 2, 2020)
§ 23.73.080 Mandatory approvals.
(a)
Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone:
(1)
A junior or accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure.
(A)
An expansion of up to one hundred fifty (150) square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.
(B)
The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling.
(C)
The side and rear setbacks shall be sufficient for fire and safety.
(2)
One detached accessory dwelling unit that does not exceed four (4) foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling, provided that the unit shall not be more than eight hundred (800) square feet and shall not exceed sixteen (16) feet in height.
(3)
On a lot with a multifamily dwelling structure, up to twenty-five (25) percent of the total multifamily dwelling units, but no less than one (1) unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(4)
On a lot with a multifamily dwelling structure, up to two detached units, provided that neither unit is greater than sixteen (16) feet in height and has at least four (4) foot side and rear yard setbacks.
For those accessory dwelling units which require mandatory approval, the city shall not require the correction of legal, nonconforming zoning conditions.
(Ord. O-2020-01 § 2, 2020)
§ 23.73.090 Junior accessory dwelling units.
(a)
One junior accessory dwelling unit shall be allowed in the single-family residential zone in conjunction with an existing or proposed single-family dwelling. A junior accessory dwelling unit may be allowed on the same lot as a detached accessory dwelling unit where the detached accessory dwelling unit is no larger than eight hundred (800) square feet and no taller than sixteen (16) feet.
(b)
The junior accessory dwelling unit shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
(c)
The junior accessory dwelling unit shall be required to have a separate entrance from the primary residence.
(d)
The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence form the interior of the junior accessory dwelling unit.
(e)
No additional parking shall be required for a junior accessory dwelling unit.
(f)
A junior accessory dwelling unit shall be required to comply with applicable building standards.
(g)
The owner of property on which a junior accessory dwelling unit is constructed shall be required to record a deed restriction which shall run with the land and shall provide for the following:
(1)
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence;
(2)
A restriction that prohibits the junior accessory dwelling unit from being enlarged beyond five hundred (500) square feet;
(3)
A restriction from renting the junior accessory dwelling unit or the primary residence for less than thirty (31) consecutive, calendar days;
(4)
A restriction that the owner resides in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing:
(A)
The owner may rent both the primary residence and junior accessory dwelling unit to one party with a restriction in the lease that that such party may not further sublease any unit or portion thereof; and
(B)
This restriction shall not apply if the owner of the single-family residence is a governmental agency, land trust, or housing organization; and
(5)
A statement that the deed restrictions may be enforced against future purchasers. A copy of the deed restriction shall be filed with the community development department.
(h)
For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(i)
For those accessory dwelling units which require mandatory approval, the City shall not require the correction of legal, nonconforming zoning conditions.
(j)
Fees. The applicant must pay all required fees which may be set by the city council by resolution, including, but not limited to, fees for staff to review the project, permit and inspection fees.
(Ord. O-2020-01 § 2, 2020)