Planning Commission Supplemental Material 82725 (1)

(Ord. 2161 § 1, 2017; Ord. 2179 § 2, 2018; Ord. 2213 § 2, 2021) § 18.106.090. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. A. The City will not deny an accessory dwelling unit or junior accessory dwelling unit 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 accessory dwelling unit or junior accessory dwelling unit. B. As required by state law, the City may not deny a permit to legalize an existing but unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, if the denial would be based on either of the following grounds: 1. The accessory dwelling unit or junior accessory dwelling unit violates applicable building standards; or 2. The accessory dwelling unit or junior accessory dwelling unit does not comply with state ADU law or this Chapter 18.106. C. Notwithstanding subsection 18.106.080(B). above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. Subsection 18.106.080(B) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. § 18.106.0760. Required standards for all Non-Exempt Accessory Dwelling Units accessory dwelling units. All Non-Exempt accessory dwelling units shall meet the following standards: J. Only one other residential unit shall be permitted on a lot with an accessory dwelling unit. The owner may rent both the primary residential unit and the accessory dwelling unit together to one party who may not further sublease any unit(s) or portion(s) thereof. The owner may rent the accessory dwelling unit to one party. The rental period shall be 30 days or longer. The owner shall be a signatory to any lease for the rented unit, for which the city may reasonably require a copy of to verify compliance with this chapter, and shall be the applicant for any permit issued under this chapter. K. A. The accessory dwelling unit shall not be sold or held under a different legal ownership than the primary residence, except as provided by Government Code Section 66341; nor shall the lot containing the accessory dwelling unit be subdivided. L. B. In addition to the other requirements of this chapter, the following objective standards shall apply to accessory dwelling units: 1. Accessory dwelling units shall incorporate the following: a. Architecture of an accessory dwelling unit shall match the existing architectural style of the primary residence with the use of the following building elements to the maximum extent feasible: P25-0026, Accessory Dwelling Units Exhibit A, PMC Amendments Page 14 Planning Commission, August 27, 2025 DR A F T