HomeMy WebLinkAboutF-1 Staff Report - 2nd Reading Ordinance No. 2023-02 ADUSECOND READING ORDINANCE
F-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: JOSE JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY
DEVELOPMENT DEPARTMENT
DATE: MARCH 20, 2023
SUBJECT: SECOND READING OF AN ORDINANCE OF THE CITY OF AZUSA CITY
COUNCIL AMENDING SECTION 88.42.190 OF THE AZUSA MUNICIPAL
CODE RELATED TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUs) AND REPEALING SECTION
(88.51.034) OF THE AZUSA MUNICIPAL CODE RELATING TO
DISCRETIONARY ACCESSORY DWELLING UNIT (ADU) PERMITS IN ITS
ENTIRETY, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION:
Staff recommends that the City Council:
1.Conduct the second reading and adopt Ordinance No. 2023-02, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 88.42.190
AND REPEALING SECTION 88.51.034 OF THE AZUSA MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS, AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA.
BACKGROUND AND ANALYSIS:
On February 8, 2023, the Planning Commission voted 4-0 to recommend that the City Council
adopt the proposed amendments as presented.
On March 6, 2023, the City Council conducted the first reading of the proposed ordinance without
no changes noted.
Approved
City Council
March 20, 2023
Ordinance No. 2023-05 – Accessory Dwelling Units and Junior Accessory Dwelling Units
Page 2 of 2
ENVIRONMENTAL REVIEW:
Under California Public Resources Code section 21080.17, the California Environmental Quality
Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing
the provisions of section 65852.2 of the Government Code, which is California’s ADU law and
which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance
is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
FISCAL IMPACT:
The proposed Ordinance will have no fiscal impact.
Prepared by: Reviewed by:
Knarik Vizcarra Jose Jimenez
Interim Planning Manager Director of Economic and
Community Development
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
ATTACHMENTS:
1. Planning Commission Resolution
2.Draft Ordinance No. 2023-02
RESOLUTION NO. 2023-PC03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
AZUSA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING CODE AMENDMENT NO. 251 AMENDING
SECTION 88.42.190 OF THE CITY OF AZUSA MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS, REPEALING SECTION 88.51.034
(DISCRETIONARY PERMITS FOR ADUS) IN ITS ENTIRETY AND
FINDING THE PROJECT TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA
GUIDELINES SECTION 15303
WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide
for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory
dwelling units (“JADUs”); and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into
law a number of bills (“New ADU Laws”) that, amended Government Code section 65852.2 and
65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of
ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2
and 65852.22; and
WHEREAS, on February 7, 2023, the City Council of the City of Azusa adopted Urgency
Ordinance No. ___ which amended Section 88.42.190 of the Azusa Municipal Code, relating to
ADUs and JADUs, consistent with Government Code sections 65852.2 and 6582.22; and
WHEREAS, the City seeks to further amend Section 88.42.190 of the Azusa Municipal
Code to clarify the standards and procedures set forth in Urgency Ordinance No. ___., and repeal
section 88.51.034 that allowed for Discretionary Reviews for ADUs that did not conform to
standards set forth in 88.42.190;
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Recitals. The recitals above are true and correct and are hereby adopted as
findings, as if fully set forth herein.
SECTION 2: Under California Public Resources Code section 21080.17, the California
Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or
county implementing the provisions of section 65852.2 of the Government Code, which is
Attachment 1
Resolution No. 2023-PC03 for Code Amendment No. 251 (Amend Section 88.42.190 of AMC,
Repeal 88.51.034 of AMC)
February 8, 2023
Page 2 of 5
California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the State’s ADU law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically
exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section
15303. The Class 3 exemption categorically exempts from CEQA, among other things, the
construction and location of new, small structures and the conversion of existing small structures
from one use to another. Section 15303 specifically lists the construction of appurtenant accessory
structures and garages as examples of activity that expressly falls within this exemption. Here, the
ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs, which are,
by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City
Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State
CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the
ordinance will:
1. Not result in the construction of ADUs or JADUs within a particularly sensitive
environment because these accessory structures will necessarily be built on a lot already
developed with a primary dwelling;
2. Not result in a potentially significant cumulative impact;
3. Not result in a reasonable possibility that the activity will have a significant effect on the
environment due to unusual circumstances;
4. Not result in damage to scenic resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources, within a highway officially designated
as a state scenic highway. No residential properties are located adjacent to a state scenic
highway;
5. Not be located on a hazardous waste site included on any list compiled pursuant to §
65962.5 of the Government Code. No property zoned residential is located on a hazardous
waste site; or
6. Not result in a substantial adverse change in the significance of a historical resource.
Historical resources are subject to separate permitting process with the Planning Division.
SECTION 3: Based on the entire record before the Planning Commission, all written and
oral evidence presented to the Planning Commission, and the findings made in the staff report and
this Resolution, the Planning Commission hereby recommends that the City Council adopt an
ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA APPROVING CODE AMENDMENT NO. 251 AMENDING CHAPTER
88.42.190 OF THE CITY OF AZUSA MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, REPEALING
SECION 88.51.034 RELATING TO DISCRETIONARY PERMITS FOR ADUS, AND
FINDING THE PROJECT TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES
Resolution No. 2023-PC03 for Code Amendment No. 251 (Amend Section 88.42.190 of AMC,
Repeal 88.51.034 of AMC)
February 8, 2023
Page 3 of 5
SECTION 15303”, which is attached hereto as Attachment “A” and incorporated by reference
herein.
SECTION 4: That in accordance with Section 88.51.060 of the Azusa Municipal Code,
the Planning Commission hereby recommends that the City Council approve said Code
Amendment No. 250 based on the following findings:
1. That the proposed amendment is consistent with the goals, policies, and objectives of
the general plan, any applicable specific plan, development agreement, owner
participation agreement or disposition and development agreement; and
The proposed amendment is not a part of any applicable specific plan, development
agreement, owner participation agreement or disposition and development agreement. It is,
however, consistent with the goals, policies, and objectives of the General Plan below:
Chapter 3, Land Use Goal 12:
Ensure that the City’s General Plan and Development Code are updated and maintained to
increase effectiveness.
The proposed Code Amendment will ensure that the City’s ADU Ordinance up-to-date with
current guidelines which will increase effectiveness by creating a more streamlined process
for ADUs and JADUs.
Land Use Policy 12.1:
Review the General Plan and the related Development Code, annually, to ensure internal
consistency with federal, state, and local regulations and policies.
The proposed Code Amendment will ensure that the ADU Ordinance is consistent with the
most recent state mandates.
Housing Element - Program H3-4: Accessory Dwelling Units:
As revisions to State law occur, update the City’s ADU Ordinance to comply.
In updating the City’s ADU and JADU Ordinance this provides consistency with state law
and will address its share of regional housing needs by providing a process to allow the
development of more ADUs and JADUs. Repealing the Discretionary Permit section
removes unnecessary steps and subjects all applications to the same standards, thereby
streamlining process.
2. That a proposed zone change will not adversely affect surrounding properties.
Resolution No. 2023-PC03 for Code Amendment No. 251 (Amend Section 88.42.190 of AMC,
Repeal 88.51.034 of AMC)
February 8, 2023
Page 4 of 5
A zone change is not proposed as a component of this Development Code amendment.
Therefore, the proposed Development Code amendment would not adversely affect
surrounding properties.
SECTION 5: Based on the aforementioned findings, the Planning Commission does
hereby recommend that the City Council approve Code Amendment No. 251.
SECTION 6: The Secretary shall certify to the adoption of this Resolution.
SECTION 7: The custodian of record of proceedings for this action shall be Secretary of
the Planning Commission located at Economic & Community Development Department 213 E.
Foothill Blvd. Azusa CA, 91702.
ADOPTED AND APPROVED the 8th day of February, 2023.
_______________________________________
AZUSA PLANNING COMMISSION CHAIRPERSON
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Azusa at a regular meeting thereof held on the 8th day of February 2023,
by the following vote of the Planning Commission:
AYES: DONNELSON, CASTRO, MARTINEZ, ALLEN
NOES:
ABSENT: RAMIREZ
ABSTAIN:
__________________________________________
AZUSA PLANNING COMMISSION SECRETARY
Resolution No. 2023-PC03 for Code Amendment No. 251 (Amend Section 88.42.190 of AMC,
Repeal 88.51.034 of AMC)
February 8, 2023
Page 5 of 5
ATTACHMENT “A”
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA APPROVING CODE AMENDMENT NO. 251 AMENDING
CHAPTER 88.42.190 OF THE CITY OF AZUSA MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND FINDING THE PROJECT TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER STATE CEQA GUIDELINES SECTION 15303
[ATTACHED BEHIND THIS PAGE]
ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA APPROVING CODE
AMENDMENT NO. 251 AMENDING CHAPTER 88.42.190
OF THE CITY OF AZUSA MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS, REPEALING SECTION
88.51.034 RELATING TO DISCRETIONARY PERMITS FOR
ACCESSORY DWELLING UNITS, AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide
for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory
dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into
law a number of bills (“New ADU Laws”) that, among other things, amended Government Code
section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and
JADUs; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of
ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2
and 65852.22; and
WHEREAS, on February 7, 2023, the City Council of the City of Azusa adopted Urgency
Ordinance No. 2019-04 which amended Section 88.42.190 of the Azusa Municipal Code, relating
to ADUs and JADUs, and repealed Section 88.51.034, relating to Discretionary Permits for ADUs
consistent with Government Code sections 65852.2 and 6582.22; and
WHEREAS, the City seeks to further amend Section 88.42.190 of the Azusa Municipal
Code to clarify the standards and procedures set forth in Urgency Ordinance No. 2023-01.
WHEREAS, on February 8, 2023, the Planning Commission of the City of Azusa
recommended that the City Council approve a Draft Ordinance for Code Amendment No. 251.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
Attachment 2
SECTION 2. Under California Public Resources Code section 21080.17, the California
Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or
county implementing the provisions of section 65852.2 of the Government Code, which is
California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the State’s ADU law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines
section 15303. The Class 3 exemption categorically exempts from CEQA, among other things,
the construction and location of new, small structures and the conversion of existing small
structures from one use to another. Section 15303 specifically lists the construction of appurtenant
accessory structures and garages as examples of activity that expressly falls within this exemption.
Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance
regulates the conversion of existing structures into, and the new construction of, ADUs and
JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption,
set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council
finds that the ordinance will:
1.Not result in the construction of ADUs or JADUs within a particularly sensitive
environment because these accessory structures will necessarily be built on a lot already
developed with a primary dwelling;
2.Not result in a potentially significant cumulative impact;
3.Not result in a reasonable possibility that the activity will have a significant effect on the
environment due to unusual circumstances;
4.Not result in damage to scenic resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources, within a highway officially designated
as a state scenic highway. No residential properties are located adjacent to a state scenic
highway;
5.Not be located on a hazardous waste site included on any list compiled pursuant to §
65962.5 of the Government Code. No property zoned residential is located on a hazardous
waste site; or
6.Not result in a substantial adverse change in the significance of a historical resource.
Historical resources are subject to separate permitting process with the Planning Division.
The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of
the County of Los Angeles in accordance with CEQA Guidelines.
SECTION 3. Section 88.42.190 of the Azusa Municipal Code is hereby amended and
restated to read in its entirety, and Section 88.51.034 of the Azusa Municipal Code is hereby
repealed in its entirety as provided in Exhibit A, attached hereto and incorporated herein by
reference.
SECTION 4.: That in accordance with Section 88.51.060 of the Azusa Municipal Code,
the City Council approves said Code Amendment No. 251 based on the following findings:
1.That the proposed amendment is consistent with the goals, policies, and objectives of
the general plan, any applicable specific plan, development agreement, owner
participation agreement or disposition and development agreement; and
The proposed amendment is not a part of any applicable specific plan, development
agreement, owner participation agreement or disposition and development agreement. It is,
however, consistent with the goals, policies, and objectives of the General Plan below:
Chapter 3, Land Use Goal 12:
Ensure that the City’s General Plan and Development Code are updated and maintained to
increase effectiveness.
The proposed Code Amendment will ensure that the City’s ADU Ordinance up-to-date with
current guidelines which will increase effectiveness by creating a more streamlined process
for ADUs and JADUs.
Land Use Policy 12.1:
Review the General Plan and the related Development Code, annually, to ensure internal
consistency with federal, state, and local regulations and policies.
The proposed Code Amendment will ensure that the ADU Ordinance is consistent with the
most recent state mandates.
Housing Element - Program H3-4: Accessory Dwelling Units:
As revisions to State law occur, update the City’s ADU Ordinance to comply.
In updating the City’s ADU and JADU Ordinance this provides consistency with state law
and will address its share of regional housing needs by providing a process to allow the
development of more ADUs and JADUs. Repealing the Discretionary Permit section
removes unnecessary steps and subjects all applications to the same standards, thereby
streamlining process.
2. That a proposed zone change will not adversely affect surrounding properties.
A zone change is not proposed as a component of this Development Code amendment.
Therefore, the proposed Development Code amendment would not adversely affect
surrounding properties.
SECTION 5. Custodian of Records. The documents and materials that constitute the
record of proceedings on which this Ordinance is based are located at the City Clerk’s office
located at 213 E. Foothill Blvd., Azusa, CA 917025. The custodian of these records is the City
Clerk.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance
or the application thereof to any entity, person or circumstance is held for any reason to be invalid
or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The City Council of
the City of Azusa hereby declares that it would have adopted this Ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a
summary thereof, along with the names of the City Council members voting for and against the
Ordinance, shall be published in a newspaper of general circulation in the City of Azusa.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2023.
___________________________
Robert Gonzales
Mayor
Attest:
____________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Jeffrey Lawrence Cornejo, Jr., City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No. 2023-02, was duly introduced and placed upon its first reading at a regular meeting
of the City Council of the City of Azusa held on the 6th day of March 2023, and that thereafter,
said ordinance was duly adopted and passed at a regular meeting on the 20th day of March, 2023,
by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
Approved as to Form:
___________________________
Marco A. Martinez
Best Best & Krieger LLP
City Attorney
EXHIBIT A
Amended ADU Regulations
(follows this page)
Page 1 of 10
8.42.190. Accessory Dwelling Units.
A.PURPOSE. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and
65852.22.
B.EFFECT OF CONFORMING. An ADU or JADU that conforms to the standards in this section will not be:
1.Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the
ADU or JADU is located.
2.Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3.Considered in the application of any local ordinance, policy, or program to limit residential growth.
4.Required to correct a nonconforming zoning condition, as defined in subsection C.7 below. This does
not prevent the City from enforcing compliance with applicable building standards in accordance with
Health and Safety Code section 17980.12.
C.DEFINITIONS. As used in this section, terms are defined as follows:
1."Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that
provides complete independent living facilities for one or more persons and is located on a lot with a
proposed or existing primary residence. An accessory dwelling unit also includes the following:
a.An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b.A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
2."Accessory structure" means a structure that is accessory and incidental to a dwelling located on the
same lot.
3."Complete independent living facilities" means permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be
situated.
4."Efficiency kitchen" means a kitchen that includes each of the following:
a.A cooking facility with appliances.
b.A food preparation counter or counters that total at least 15 square feet in area.
c.Food storage cabinets that total at least 30 square feet of shelf space.
5."Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a.It is no more than 500 square feet in size,.
b.It is contained entirely within an existing or proposed single-family structure,. An enclosed use
within the residence, such as an attached garage, is considered to be a part of and contained within
the single-family structure.
c.It includes its own separate sanitation facilities or shares sanitation facilities with the existing or
proposed single-family structure, and.
d.If the unit does not include its own separate bathroom, then it contains an interior entrance to the
main living area of the existing or proposed single-family structure in addition to an exterior
entrance that is separate from the main entrance to the primary dwelling.
e.d. It includes an efficiency kitchen, as defined in subsection C.4 above.
6."Living area" means the interior habitable area of a dwelling unit, including basements and attics, but
does not include a garage or any accessory structure.
Page 2 of 10
7."Nonconforming zoning condition" means a physical improvement on a property that does not conform
with current zoning standards.
8."Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the ADU or JADU.
9."Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
10."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.
11."Tandem parking" means that two or more automobiles are parked on a driveway or in any other
location on a lot, lined up behind one another.
D.APPROVALS. The following approvals apply to ADUs and JADUs under this section:
1.Building-permit Only. If an ADU or JADU complies with each of the general requirements in
subsection E below, it is allowed with only a building permit in the following scenarios:
a.Converted on a Lot with Proposed or Existing Single-Family Dwelling: Only one ADU or
JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i.Is either: within the space of a proposed single-family dwelling; within the existing space of
an existing single-family dwelling; or (in the case of an ADU only) within the existing space
of an accessory structure, plus up to 150 additional square feet if the expansion is limited to
accommodating ingress and egress.
ii.Has exterior access that is independent of that for the single-family dwelling.
iii.Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building
and fire codes.
iv.The JADU complies with the requirements of Government Code Section 65852.22.
b.Limited Detached on a Lot with Proposed or Existing Single-Family Dwelling: One detached,
new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to
any JADU that might otherwise be established on the lot under subsection D.1.a above), if the
detached ADU satisfies the following limitations:
i.The side- and rear-yard setbacks are at least four feet.
ii.The total floor area is 800 square feet or smaller.
iii.The peak height above grade is 16 feet or less does not exceed the applicable height limit in
subsection (e)(2) below.
c.Converted on a Lot with Existing Multi-Family Dwelling: Multiple ADUs within portions of
existing multifamily dwelling structures that are not used as livable space, including but not
limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each
converted ADU complies with state building standards for dwellings. At least one converted ADU
is allowed within an existing multifamily dwelling structure, up to a quantity equal to 25 percent
of the existing multifamily dwelling units, under this paragraph.
d.Limited Detached on a Lot with Existing Multi-Family Dwelling: No more than two detached
ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU
satisfies the following limitations:
i.The side- and rear-yard setbacks are at least four-feet. four feet. If the existing multifamily
dwelling has a rear or side yard setback of less than four feet, the city will not require any
modification to the multifamily dwelling as a condition of approving the ADU.
ii.The peak height above grade is 16 feet or less does not exceed the applicable height limit
provided in subsection (e)(2) below.
Page 3 of 10
2. ADU Over-the-Counter Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit
and an ADU Over-the-Counter (OTC) permit in compliance with the standards set forth in
subsections E and F below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU OTC permits,
including the costs of adopting or amending the City's ADU ordinance. The ADU OTC-permit
processing fee is approved by the City Council by resolution.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a
hearing.
b. The City must act on approve or deny an application to create an ADU or JADU within 60 days
from the date that the City receives a completed application. If the City does not act upon City has
not approved or denied the completed application within 60 days, the application is deemed
approved, unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period
of the requested delay, or
ii. In the case of a JADU and the application to create a junior accessory dwelling unit is
submitted with a permit application to create a new single-family or multifamily dwelling on
the lot, the City may delay acting on the permit application for the JADU until the City acts
on the permit application to create the new single-family dwelling or multifamily, but the
application to create the JADU will still be considered ministerially without discretionary
review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant
with comments that include, among other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the applicant. Notice of the denial and
corresponding comments must be provided to the applicant within the 60-day time period
established by subsection (d)(3)(B) above.
d. A demolition permit for a detached garage that is to replaced with an ADU is reviewed with the
application for the ADU and issued at the same time.
E. GENERAL ADU AND JADU REQUIREMENTS. The following requirements apply to all ADUs and
JADUs that are approved under subsections D.1 or D.2 above:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 above may be created
on a lot in a residential zone.
b. An ADU or JADU subject to an ADU permit under subsection D.2 above may be created on a lot
that is zoned to allow single-family dwelling residential use or multifamily dwelling residential
use.
2. Height.
a. Except as otherwise provided by subsections (e)(2)(B) and (e)(2)(C) below, a detached ADU
created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed
16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or
proposed single family or multifamily dwelling unit that is located within one-half mile walking
distance of a major transit stop or a high quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in
height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is
aligned with the roof pitch of the primary dwelling unit.
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c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more
than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height
limitation imposed by the underlying zone that applies to the primary dwelling, whichever is
lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(D) may not exceed
two stories.
e. For purposes of this subsection (e)(2), height is measured above existing legal grade to the peak of
the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the
existing primary dwelling.
4. Rental Term. An ADU or JADU may be rented but no ADU or JADU may be rented for a term that is
shorter than 30 days. The property owner must obtain a business license and rental registration from the
Community Improvement Division and renew them annually.
5. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or
otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot)
or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System. If the ADU or JADU will connect to an onsite water-treatment system, the owner must
include with the application a percolation test completed within the last five years or, if the percolation
test has been recertified, within the last 10 years.
7. Owner Occupancy.
a. An ADU that is permitted after that date January 1, 2020, but before January 1, 2025, is
not subject to any owner-occupancy requirement.
b. (C) All Unless applicable law requires otherwise, all ADUs that are permitted on or after
January 1, 2025 are subject to an owner-occupancy requirement. A natural person with
legal or equitable title to the property must reside on the property as the person’s legal
domicile and permanent residence.
c. All JADUs are subject to an owner-occupancy requirement. A natural person with legal
or equitable title to the property must reside on the property, in either the primary
dwelling or JADU, as the person's legal domicile and permanent residence. However, the
owner-occupancy requirement of this paragraph does not apply if the property is entirely
owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of certificate of occupancy for an ADU or JADU, a deed restriction
must be recorded against the title of the property in the County Recorder's office and a copy filed with
the Director of Economic and Community Development. The deed restriction must run with the land and
bind all future owners. The form of the deed restriction will be provided by the City and must provide
that:
a. The ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this
section.
c. The deed restriction runs with the land and may be enforced against future property owners.
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d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by,
for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make
a written request of the Director of Economic and Community Development, providing evidence
that the ADU or JADU has in fact been eliminated. The Director may then determine whether the
evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken
from the Director's determination consistent with other provisions of this Code. If the ADU or
JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary
component of an ADU or JADU removed, the remaining structure and improvements must
otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the
City. Failure of the property owner to comply with the deed restriction may result in legal action
against the property owner, and the City is authorized to obtain any remedy available to it at law or
equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or
JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. (8) Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing
in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must
be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the
projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner
must report the actual rent charged for the ADU or JADU during the prior year. If the city does not
receive the report within the 90-day period, the owner is in violation of this Code, and the city
may send the owner a notice of violation and allow the owner another 30 days to submit the
report. If the owner fails to submit the report within the 30-day period, the city may enforce this
provision in accordance with applicable law.
10. Building & Safety
a. Must comply with building code. Subject to subsection (e)(10)(B) below, all ADUs and JADUs
must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy
change under the local building code, as described in Section 310 of the California Building Code,
unless the building official or Code Enforcement Division officer makes a written finding based
on substantial evidence in the record that the construction of the ADU could have a specific,
adverse impact on public health and safety. Nothing in this subsection (e)(10)(B) prevents the city
from changing the occupancy code of a space that was uninhabitable space or that was only
permitted for nonresidential use and was subsequently converted for residential use in accordance
with this section.
F. SPECIFIC ADU REQUIREMENTS. The following requirements apply only to ADUs that require an ADU
permit under subsection D.2 above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet
for a studio or one bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than
two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50
percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage,
might further limit the size of the ADU, but no application of a percentage-based maximum floor
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area (i.e., under subsection F.1.b above), or of an FAR, front setback, lot coverage, or open-space
requirement may require the ADU to be less than 800 square feet.
2.Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed
50 percent, subject to subsection F.1.c above.
3.Setbacks.
a.Each ADU that is subject to this subsection F is subject to a 40-foot front setback, (subject to
subsection F(1)(c) above.
b.Each ADU that is subject to this subsection F is subject to four-foot side and rear setbacks.
c.No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in
the same location and to the same dimensions as an existing structure.
4.Height. No ADU subject to this subsection F may exceed 16 feet in height above grade, measured to the
peak of the structure.
4.Stories. No ADU subject to this subsection F may exceed one story.
5.Passageway. No passageway, as defined by subsection C.8 above, is required for an ADU.
6.Parking.
a.Generally. One off-street parking space is required for each ADU. The parking space may be
provided in setback areas or as tandem parking, as defined by subsection C.11 above.
b.Exceptions. No parking under subsection F.6.a is required in the following situations:
i.The ADU is located within one-half mile walking distance of public transit, as defined in
subsection C.10 above.
ii.The ADU is located within an architecturally and historically significant historic district.
iii.The ADU is part of the proposed or existing primary residence or an accessory structure
under subsection D.1.a above.
iv.When on-street parking permits are required but not offered to the occupant of the ADU.
v.When there is an established car share vehicle stop located within one block of the ADU.
vi.When the permit application to create an ADU is submitted with an application to create a
new single-family or new multi-family dwelling on the same lot, provided the ADU or the
lot satisfies and other criteria listed in subsections F(6)(b)(i) through (v) above.
c.No Replacement. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an ADU or converted to an ADU, those off-street parking
spaces are not required to be replaced.
7.Objective Site Design and Architectural Requirements.
a.Same in Appearance - To ensure that site design and architectural character of the ADU are
compatible with those of the primary dwelling through the use of purely objective standards, the
materials and colors of the exterior walls, roof, and windows and doors must match the appearance
and architectural design of those of the primary dwelling, and the roof slope must match that of the
dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
b.Separate Entrance - The ADU must have an independent exterior entrance, apart from that of the
primary dwelling. The ADU entrance must be located on the side or rear building façade, not
facing a public-right-of-way.
c.Minimum Dimensions - The interior horizontal dimensions of an ADU must be at least ten feet
wide in every direction, with a minimum interior wall height of seven feet.
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d. Privacy - An ADU within 15 feet of a residential unit on the same parcel or on an adjacent parcel
may not have windows that directly face windows in other unit at a 90-degree angle.
e. Fire and Public Safety - The ADU or JADU address and location must be identified by either an
address plaque or by other signage that is clearly legible from the public right of way. The plaque
or other signage must be clearly indicated on a site plan submitted with the building-permit
application. The site plan must also show how the ADU or JADU will be accessed by fire and
safety personnel. Alternatively, instead of an address plaque or signage, the applicant may elect to
provide a paved walkway visible from the public right of way that leads to the ADU or JADU.
f. Main Entrance Architectural Enhancements - Architectural enhancements are required for main
entrances of attached and detached ADUs. "Architectural enhancements" means the inclusion of at
least two of the following elements: architectural lighting, a covered patio or porch, an overhang,
architectural projections, and enhanced building materials such as stone veneer, brick veneer,
wood siding, PVC siding, decorative trim work, and window shutters.
8. Landscape Requirements.
a. Evergreen landscape screening must be planted and maintained between the ADU and adjacent
parcels as follows:
i. At least one 15-gallon size tree shall be provided at a ratio of one tree for every proposed
dwelling unit.
ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence
of at least six feet in height may be installed.
b. All landscaping must be drought-tolerant.
9. Historical Protections. The architectural treatment of an ADU to be constructed on a lot that has an
identified historical resource listed on the federal, state, or local register of historic places must comply
with all applicable ministerial requirements imposed by the Secretary of Interior.
G. FEES.
1. Impact Fees.
a. No impact fee is required for an ADU or JADU that is less than 750 square feet in size.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be
charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the
floor area of the ADU, divided by the floor area of the primary dwelling unit, times the typical fee
amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or
capacity charge for water or sewer service.
2. Utility Connection and Connection Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection
directly between the ADU or JADU and the utility and payment of the normal connection fee and
capacity charge for a new dwelling are required.
b. Except as set forth in subsection G.2.a above, a converted ADU or JADU on a lot with a single-
family home, created under subsection D.1.a above, is not required to have a new or separate
utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or
capacity charge required.
c. Except as set forth in subsections G.2.a and G.2.b above, an ADU or JADU requires a new,
separate utility connection directly between the ADU or JADU and the public utility. For water
service, this includes separate water service and meter directly from the public water system in
compliance with Azusa Light and Water specifications and requirements. The property owner
must size the separate service and meter to meet the water needs of the proposed ADU or JADU.
The connection is subject to a connection fee or capacity charge that is proportionate to the burden
created by the ADU or JADU, based on either the relative floor areas or drainage fixture unit
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(DFU) values, as defined by the Uniform Plumbing Code, of the ADU or JADU and the primary
dwelling.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning
condition, building code violation, or unpermitted structure on the lot that does not present a threat to
the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an
existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based
on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law (Government Code section
65852.2) or this ADU ordinance (section 88.42.190).
b. Exceptions:
(iii) Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to
legalize an existing but unpermitted ADU that was constructed before January 1,
2018, if the city makes a finding that correcting a violation is necessary to
protect the health and safety of the public or of occupants of the structure.
(iv) Subsection (h)(2)(A) above does not apply to a building that is deemed to be
substandard in accordance with California Health and Safety Code section
17920.3.
H. NONCONFORMING ADUS AND DISCRETIONARY APPROVAL. Any proposed ADU or JADU that
does not conform to the objective standards set forth in subsections A through G.2 of this section may be
allowed by the City with a discretionary permit, in accordance with Section 88.51.034 of this title.
(Ord. No. 2017-14 , § 9, 12-18-17; Ord. No. 2020-05 , § 3, 8-17-20)
Editor's note(s)—Ord. No. 2017-14 , § 8, adopted Dec. 18, 2017, repealed the former § 88.42.190, and enacted a
new § 88.42.190 as set out herein. The former § 88.42.190 pertained to second units and carriage houses and
derived from Ord. No. 11-O16, § 7, adopted Oct. 24, 2011.
88.51.034. Discretionary Permit for Accessory Dwelling Unit That Does Not Qualify for
Ministerial Approval.
A. PURPOSE. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) that do not
qualify for ministerial approval under the objective standards that are set forth in Section 88.42.190
(Accessory Dwelling Units).
B. REVIEW AUTHORITY. A discretionary permit under this section shall be approved or denied by the
director.
C. APPLICATION FILING AND PROCESSING. An application for a discretionary permit under this section
shall be prepared, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and
Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by
subsection E below.
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1. Each application shall be reviewed by the director to ensure that the proposal complies with all
applicable requirements of this Development Code. No public hearing is required for the director to
approve or deny an application.
2. Applications for a discretionary permit under this section must be submitted to the Planning Division on
a form and with information and materials as required by the director. The applications shall include, at
a minimum:
a. Site Plan (drawn to scale). Dimension the perimeter of the parcel on which the accessory dwelling
unit will be located. Indicate the location and dimensioned setbacks, and dimensions of all existing
and proposed structures on the site. Provide dimensions of all easements, rights-of-way, building
envelopes, parking, and paved areas.
b. Floor Plan. Complete floor plans of both existing and proposed conditions. Each room shall be
dimensioned and resulting floor area calculation included. 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
dwelling unit.
3. The Director may collect a fee for processing the application, provided such fee is approved by
resolution or ordinance of the City Council and does not exceed the cost of processing the application.
4. For applications for a two-story ADU in neighborhoods where the majority of the existing dwellings are
single-story, the director may approve or deny a discretionary ADU Permit application only after
notifying property owners within 300 feet of the subject property.
a. Content of Public Notice. The notice shall be an informational notice stating that the director will
decide whether to approve or deny the application on the date specified in the notice, and that a
resident residing within the 300-foot radius of the subject property may contact the director if they
have any questions or concerns regarding the project.
D. STANDARDS. An ADU that is approved under this section must meet all of the requirements set forth in
Section 88.42.190 (Accessory Dwelling Units) except as indicated below:
1. Maximum Size. The maximum size of a detached ADU is 1,000 square feet for a studio or one bedroom
unit and 1,200 square feet for a unit with two bedrooms. The maximum size of an attached ADU shall
not be more than 50 percent of the primary dwelling not to exceed 1,000 square feet for a studio or one
bedroom unit and 1,200 square feet for a unit with two bedrooms. No more than two bedrooms are
allowed.
2. Setbacks. An ADU approved under this section must meet the following setbacks:
a. Front Setback - Standards of the applicable zoning district.
b. Side Setback - Five feet from the side lot line.
c. Side Street Setback - Ten feet from the side lot line of the street.
d. Rear Setback - Ten feet from the rear lot line.
e. A minimum setback of five feet shall be required from the side and rear lot lines for an ADU that
is constructed above a legally established existing garage or other detached accessory structure.
3. Height. An ADU approved under this section may not exceed two and one-half stories or 35 feet,
whichever is less.
4. Passageway. A passageway, as defined in Section 88.42.190, is required.
E. FINDINGS AND DECISION.
1. If an application for a discretionary permit under this section is filed with an application for another
discretionary approval for the project (e.g., Design Review, minor use permit, minor variance, zoning
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clearance), the director shall approve or deny the application under this section concurrently with the
review authority's decision regarding the other discretionary approval or approvals.
2. To approve a discretionary permit under this section, the director must find that the project, as proposed
or as modified by conditions of approval:
a. Is consistent with the requirements set forth in Section 88.42.190.E-F and 88.51.034.D above;
b. Provides attractive and desirable site layout and design, including, but not limited to, building
arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping,
lighting, signs, etc.;
c. Provides efficient and safe public access, circulation, and parking;
d. Provides appropriate open space and landscaping, including the use of water-efficient landscaping;
e. Is consistent with the general plan and with any applicable specific plan, development agreement,
and previously approved planning permit; and
f. Complies with all applicable requirements of this Development Code, and all other applicable city
design standards, guidelines, and policies.
F. CONDITIONS OF APPROVAL. The director may impose any reasonable condition of approval to ensure
that the project will comply with the findings required by subsection E above.
G. POST APPROVAL PROCEDURES. The procedures and requirements in Chapter 88.52 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Chapter 88.56
(Appeals), apply to an application and decision under this section.
(Ord. No. 2020-06 , § 3, 8-17-20)