Placentia City Zoning Code

If the city determines the application is incomplete, it shall provide the applicant with a list of incomplete items and a description of how the application may be made complete within the fifteen (15) business-day time period.

If a determination is not made within the fifteen (15) business days, the application or any resubmitted application shall be deemed to be complete.

The city shall grant a delay if requested by the applicant.

If the application is submitted in conjunction with an application for a new single-family or multi-family residential dwelling, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family or multi-family residential dwelling is approved, but thereafter shall be ministerially approved within sixty (60) days if it meets all requirements of this chapter.

If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty (60) days of a complete application.

If a detached garage is to be replaced with an accessory dwelling unit, the demolition permit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.

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:

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.

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.

Floorspace.

Setbacks.

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, unless it would prohibit the construction of an up to eight hundred (800) square foot accessory dwelling unit. The distance separation does not apply to existing structures converted to an accessory dwelling unit.

Height. An accessory dwelling unit shall comply with the following height requirements:

Architecture. The accessory dwelling unit shall be compatible with and complement the architectural style of 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, unless it would prohibit the construction of an eight hundred (800) square foot accessory dwelling unit.

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, covered parking structure or uncovered parking space 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:

Entrances. No more than one (1) exterior entrance on any one (1) side of the accessory dwelling unit is allowed.

Stairways. No exterior stairways to the accessory dwelling unit may be clearly visible from any street immediately adjacent to the property.

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.

Utilities.

Legal Lot. The accessory dwelling unit will be on a lot that has been legally created.

Except as otherwise allowed in this chapter, only one (1) attached accessory dwelling unit and one (1) junior accessory dwelling shall be allowed per single-family residential unit.

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. Creation of an accessory dwelling unit shall not trigger fire sprinklers to be installed in existing multi-family dwelling units.

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:

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.

No impact fee shall be imposed on any accessory dwelling unit less than seven hundred fifty (750) square feet in size.

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.

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.

For purposes of this section, "impact fee" shall have the same meaning as set forth in Government Code Section 66324(c)(2).

The accessory dwelling unit shall not be sold separately from the primary residence unless constructed pursuant to Government Code Sections 66340 and 66341.

Rentals of the accessory dwelling unit and the primary unit shall have a contract length of at least thirty-one (31) days.

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.

No application or permit shall be denied for an accessory dwelling unit or junior accessory dwelling unit that was constructed prior to January 1, 2020, based on either of the following:

The provisions of subsection A shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code Section 17920.3.

Before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.

Upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted junior or accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.

No impact fees or connection or capacity charges shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling unit built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).

A junior and/or accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure.

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 comply with the height limitation as set forth in Section 23.73.060(2)(D) above. A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit and shall comply with all requirements of Section 23.73.090 below.

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.

On a lot with an existing or proposed multifamily dwelling structure, detached accessory dwelling units as set forth in subsections (1)(D)(i) and (ii) below, provided that complies with the height limitations in Section 23.73.060(2)(D) above and has at least four (4) foot side and rear yard setbacks. If the existing multi-family dwelling has a rear or side setback of less than four (4) feet, the city shall not require any modification of the existing multi-family dwelling as a condition of approval.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence.

A restriction that prohibits the junior accessory dwelling unit from being enlarged beyond five hundred (500) interior livable square feet.

A restriction from renting the junior accessory dwelling unit or the primary residence for less than thirty (31) consecutive, calendar days.

A restriction that the owner resides in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing:

A statement that the deed restrictions may be enforced against future purchasers. A copy of the recorded deed restriction shall be filed with the community development department.