Ord 8371
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ORDINANCE NO. 837
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 17 OF THE POWAY
MUNICIPAL CODE AMENDING REGULATIONS FOR
ACCESSORY BUILDINGS, INCLUDING ACCESSORY
DWELLING UNITS (ZONING ORDINANCE AMENDMENT 19-003)
WHEREAS, on September 18, 2018, the City Council established regulations for an
accessory dwelling unit (ADU) in accordance with Zoning Ordinance Amendment 18-002;
WHEREAS, the City Council seeks to implement Assembly Bill (AB) 68 and AB 881
and Senate Bill (SB) 13 and SB 330 through the implementation of regulations concerning an
ADU;
WHEREAS, an ADU is commonly referred to as a "second unit," and is an additional
living quarters on a residential lot that is independent of the primary dwelling unit. An ADU
may be either attached or detached to the primary dwelling unit, and typically provides
complete independent living facilities, including facilities for living, sleeping, eating, cooking
and sanitation;
WHEREAS, the State Legislature is concerned about the unaffordability of housing in
California;
WHEREAS, the State Legislature adopted AB 68, AB 881, SB 13 and SB 330 in order to
eliminate barriers to ADU construction that the Legislature has determined is a common-sense,
cost-effective approach to accommodate future growth and to encourage infill development in
developed neighborhoods;
WHEREAS, the California Government Code provides that ADUs are a valuable form of
housing; that ADUs may provide housing for family members, `students, the elderly, in-home
health care providers, the disabled, and others at below market prices within existing
neighborhoods; that ADUs may add income and an increased sense of security to homeowners;
that ADUs will provide additional rental housing stock; that ADUs offer lower cost housing to meet
the needs of existing and future residents within existing neighborhoods, while respecting
architectural character; and that ADUs are an essential component of California's housing supply;
WHEREAS, Section 65852.2(a)(4) of the California Government Code provides that any
local ordinance that is inconsistent with Section 65852.2 shall be null and void and state law shall
apply unless or until the local agency adopts an ordinance consistent with this new law;
WHEREAS, Section 65852.150(b) of the California Government Code provides that local
agencies can adopt an ordinance relating to matters including unit size, parking, fee, and other
requirements that are not so arbitrary, excessive, or burdensome so as to unreasonably restrict
the ability of homeowners to create an ADU on residential lots;
WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, Zoning Ordinance Amendment 19-003;
and
Ordinance No. 837
Page 2
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends certain
sections of the PMC as specified below. Removals are indicated with strikethroughs and additions
are indicated with underline.
SECTION 3: The City Council hereby approves ZOA 19-003 and amends certain
sections of the City's Municipal Code as specified below.
SECTION 4: The City Council finds that, pursuant to SB 13 (Section 3 — Government
Code Section 17980.12 — delay of enforcement on an unpermitted ADU), a habitable structure,
addition or interior remodel with unpermitted plumbing, electrical, gas, mechanical equipment,
framing or roof materials, excepting framed doorways and garage doors, and egress and
ventilation not in compliance with Poway Municipal Code (PMC) Title 15, or as otherwise
determined by the Building Official and Fire Marshall to be an immediate threat to the public health
and safety, is required to be permitted expeditiously, without delay, to protect the public health
and safety. The code compliance division reserves the right to abate unsafe structures, additions
and interior remodels in accordance with PMC Chapter 15.32. Upon request, an unpermitted ADU
that is found to not be an immediate public health and safety risk as determined by the Building
Official and Fire Marshall shall be notified of their right option to a five-year delay of enforcement
on the unpermitted ADUs provided correcting the violation is not necessary to protect the public
health and safety in accordance with Government Code Section 17980.12.
SECTION 5: The City Council directs staff upon adoption to submit a copy of this
adopted Ordinance to the State Department of Housing and Community Development (HCD)
within 60 days of adoption. HCD may submit written findings to the City as to whether the
Ordinance complies with Government Code Section 65852.2.
SECTION 6: The City Council directs staff to process applications for an ADU and
associated Junior ADU in accordance with timelines directed per the State -Legislature adopted
AB 68, AB 881, SB 13 and SB 330. The City shall act on the application to create an accessory
dwelling unit or a junior accessory dwelling unit within 60 days from the date the City receives a
completed application if there is an existing single-family or multifamily dwelling on the lot in
accordance with Government Code section 65852.2(a)(3) [effective January 1, 2020].
SECTION 7: This Ordinance is exempt from the provisions of the California
Environmental Quality Act ("CEQA") pursuant to Section 15282(h) of the CEQA Guidelines
because this is an ordinance intended to implement provisions of Section 65852.1 and 65852.2
and related sections of the Government Code.
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Ordinance No. 837
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SECTION 8: Section 17.04.030 of the Poway Municipal Code (PMC) shall be amended
as follows:
17.04.030 Accessory dwelling unit.
"Accessory dwelling unit" (ADU) shall have the meaning defined in Section 65852.2 of the
California Government Code, which may be an attached or detached residential dwelling unit,
which provides complete independent living facilities for one or more persons. An ADU may or
may not include cooking or kitchen facilities separate from the main dwelfingresidence and must
provide for living, sleeping, eating, cooking, and sanitation on the same parcel as the main primary
single-family or multi -family residence . An accessory dwelling unit also includes an
efficiency, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured
home, as defined in Section 18007 of the Health and Safety Code.
SECTION 9: Section 17.04.033 of the PMC shall be added as follows:
17.04.033 Accessory dwelling unit, Junior.
"Accessory dwelling unit, Junior" (JADU) shall have the meaning and size limitations defined in
Section 65852.22 of the California Government Code.
SECTION 10: Section 17.04.633 of the PMC shall be added as follows:
17.04.633 Residence, main single-family.
"Residence main sin • Ie-famil
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means a sin•le-famil dwellin• and main residence.
SECTION 11: Section 17.08.100 subsection B of the PMC shall be amended as follows:
17.08.100 Permitted and conditional uses — Residential uses. [excerpts only]
Residential uses in residential zones shall be as follows:
Residential Uses
B. Accessory dwelling unit on the same lot as an -existing
single-family or an existing multiple dwelling (see
PMC 17.08.180)
RS- RS- RS- RS -
through RC RA
C, RS -1 2 3 4 7
P P P P P XP XP
SECTION 12: Section 17.08.170 subsections B.4, B.5 and B.6 of the PMC shall be
amended as follows:
17.08.170 Property development standards — Additional requirements. [excerpts only]
B. Required Setbacks.
Ordinance No. 837
Page 4
4. Where a portion of a main residenceresidential building is nonconforming in terms of
current rear yard and/or side yard setbacks, the existing distance from the side or rear lot
line established by the nonconforming portion of the building shall be used as the required
setback distance for any additions to that building in the side yard and rear yard areas.
5. In situations where a rural residential or single-family residential lot is so irregular, as to
prohibit or unduly restrict the construction of a single-family dwellinghome, within the
required setbacks noted in this title, the Director of Development Services shall have the
authority to alter the setback locations, i.e., front, side and rear yards, to enable the
property owner to enjoy the same privileges as those enjoyed by other property owners in
the same area.
6. Additions to the Main ResidenceBuilding. Additions to the main residences ding shall
be allowed to encroach into the required rear yard setback up to one-half the distance but
shall otherwise comply with the development standards contained in PMC 17.08.160.
SECTION 13: Section 17.08.180 of the PMC shall be amended as follows:
17.08.180 Accessory buildings and structures.
An accessory building or structure, attached to or detached from the main residence, shall be
located on a lot that contains a Jan -marl -dwell -mg. main residence and shall comply with the setback,
height and lot coverage requirements as contained in PMC 17.08.160 except as provided in this
section. Except for an accessory dwelling unit or a junior accessory dwelling unit as described in
Subsection A herein, Aa minor development review application shall be required for an accessory
building or structure that results in new habitable space that is 750 square feet or larger. Except
as provided in Subsection A herein, no accessory building or structure shall attach to a main
residence unless setbacks for the main residence are complied with for all structures to be
attached.
A. Accessory Dwelling Units and Junior Accessory Dwelling Units. The purpose of this subsection
is to provide regulations for the establishment of an accessory dwelling unit (ADU) or a junior
accessory dwelling unit (JADU) in residential zones and to define an approval process for such
units. The intent of this—subsection is to provide opportunities for more
1. No ADU or JADU shall be constructed or maintained without the approval of a building
permit in accordance with PMC Title 15 and full compliance with the performance
standards identified within this section.
2. No more than one ADU shall be permitted per single-family lot. Either one ADU or one
JADU shall be permitted per main single-family residence or both may be permitted on a
single lot provided both units meet the requirements set forth in Government Code Section
65852.2(e)(1)(A) & (B), including, but not limited to, the following:
a. The ADU shall be detached, shall not exceed 16 feet in height and shall not
exceed 800 square feet in floor area; and
b. The JADU shall be located within a proposed or existing main single-family
residence or an existing accessory structure and may include not more than 150
square feet beyond the same physical dimensions of the existing accessory
structure and shall accommodate ingress and egress including exterior access
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Ordinance No. 837
Page 5
from the proposed or existing single-family dwelling. The JADU shall comply with
requirements of Government Code Section 65852.22 including, but not limited to,
that either the JADU or the main single-family residence shall be owner -occupied.
Multiple ADUs are permissible on a lot that has an existing multiple dwelling and is zoned
for residential or mixed use in accordance with Government Code Section 65852.2(e)(1).
A single-family dwelling or multiple dwelling is required for an ADU and/or JADU to be
permitted.
3. An ADU or JADU may be rented separate from the main residence but
may not be sold or otherwise conveyed separate from the main residence.
4. Lots which contain an ADU or JADU shall not be further subdivided if the subdivision
will result in a detached ADU or elgmain residence being located on a lot
containing Tess than the minimum net area required by the zoning of the property.
5. The ADU may be either detached or attached . A detached ADU
shall be located at least 10 feet from the main residence or other detached
accessory building. Attached to the main residence requires a roof attachment equal to
the width of the structure to be attached and shall not be greater than 10 feet from the
main residence, excluding eaves. The roof of the structure to be attached shall match the
eave widths and roofing materials, color and style of the main residence.
6. The ADU or JADU shall comply with the setback, height and lot coverage requirements
as contained in PMC 17.08.160, except that an detached ADU shall be limited to one story
and shall not exceed 16 feet above the average grade, however, an ADU or JADU in
compliance with the required setbacks for the main residence a -shall not exceed the
height of the main residence and shall be permitted to be at or below the
maximum allowable height for the main residence.
7. The ADU or JADU shall be similar and compatible to the main residenceprimary
dwelling in exterior color, architectural style, window treatments and siding and roof
materials.
8. The floor area of the ADU and an JADU shall be permitted as follows:
a. The floor area of an attached ADU shall not exceed 50 percent of the floor area
contained in the main residence (not including garage area) or 1,500 square feet,
whichever is less. The attached ADU, however, shall not be required to contain
Tess than 1,000 square feet for an ADU that provides more than one bedroom and
less than 850 for an ADU that provides no bedrooms unless this is necessary to
meet setback requirements.
b. The floor area of a detached ADU shall not exceed 50 percent of the floor area
contained in the main residence (not including garage area) or 1,500 square feet,
whichever is Tess. The detached ADU, however, shall not be required to contain
less than 1,200 square feet unless this is necessary to meet setback requirements.
c. The floor area of a JADU shall not exceed 500 square feet, shall be attached to
the main single-family residence and the JADU shall meet requirements in
Government Code Sections 65852.2 and 65852.22.
Ordinance No. 837
Page 6
not exceed 50 percent of the floor area contained in the primary dwelling (not including
garage area) or 1,500 square feet, whichever is les€. An ADU, however, shall not be
:-- - -- - e ---
or setback requirements.
9. An existing legally permitted garage, accessory structure or portions of an existing main
single-family residence may be converted to an ADU or JADU or all or portions thereof
may be demolished and replaced with an ADU or JADU within the same building footprint
regardless of its location on the lot.
10. A minimum setback of four feet from the side and rear lot lines shall
be required for an ADU or JADU, except that an addition to a structure not exceeding 150
square feet to accommodate an ADU or JADU may encroach into this side or rear setback
provided that all of the following conditions are met:
a. Ingress and egress to the ADU or JADU is accommodated,
b. A minimum 4 -foot setback from the side and rear property line is provided within
a Very High Fire Hazard Area (VHFHA),
c. Exterior access is provided, and
d. The JADU complies with all requirements applicable to a JADU in accordance
with Government Code Section 65852.22
4-011. One off-street parking space shall be provided for the ADU, which may be provided
as tandem parking on a driveway and shall be permitted in setback areas unless the
Director of Development Services or the Director's designee makes specific findings that
parking in setback areas or tandem parking is not feasible based upon specific site
topography or fire and life safety conditions. No off-street parking shall be required in any
of the following instances:
a. The ADU is located within -one-half mile walking distance of a public transit stop.
b. The ADU is located within an architecturally and historically significant historic
district.
c. The ADU is part of the existing prima-rymain residence or an existing accessory
structure.
d. The ADU is located in an area of the City where on -street parking permits are
required but not offered to the occupant of the ADU.
e. The ADU is located within one block of a car -share vehicle's pick-up location,
as established by the City.
f. The creation of a JADU that meets requirements in Government Code Sections
65852.2 and 65852.22.
4412. If an existing garage or carport is converted to an ADU or JADU or demolished in
conjunction with the construction of an ADU or JADU, the parking spaces {up to two) shall
not be required to be replaced
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Ordinance No. 837
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4-213. For a main single-family residence with a JADU, either the main single-family
residence or the JADU must be occupied by the owner of the property at all times that
either unit is held out for rent, pursuant to Government Code 65852.22(a)(2). Either the
main residence or the ADU must be occupied by the owner of the property at all times that
either unit is held out for rent.
4-314. The main dwel-14-hgresidence, ef-ADU or JADU shall only be used for rental of terms
longer than 30 days.
4415. Development impact fees required for an ADU shall not exceed 50 percent of the
total development impact fees applicable to a new single-family dwelling. Development
impact fees required for a JADU or ADU less than 750 square feet shall not be required.
1-516. An ADU or JADU shall not be considered a new residential unit for purposes of
calculating water and sewer connection fees or capacity charges. However, the property
owner may request a new or separate utility connection directly between the ADU or JADU
and the utility. The connection shall be subject to a connection fee or capacity charge as
established by the City Council for other residential service connections only if the ADU is
constructed with a new single-family dwelling; provided, however, that this fee or charge
shall not exceed the reasonable cost of providing this service.
4.617. An ADUs or JADU shall not be required to provide fire sprinklers if they are not
required for the prim-arymain single-family residence i-nq unless the ADU exceeds
1,200 square feet in floor area.
1-18. The City may offer incentives to encourage development of accessory dwelling
units. If an owner of an ADU elects to file a 30 -year deed restriction to rent the unit to a
lower-income household, the City may consider waiving fees (including waiving the
inclusionary housing in -lieu fee), reducing parking or other development standards, or
approving other forms of assistance. Receipt of such incentives shall require the owner
to:
a. Rent the accessory dwelling unit to a lower-income household, as defined
annually by the State Department of Housing and Community Development at a
rate that shall not exceed an amount which is equal to 30 percent of the gross
monthly income of a low-income household, at 80 percent of the San Diego County
median income, adjusted for household size.
b. File an agreement with the City's Development Services Department
documenting the household's eligibility to occupy the accessory unit.
c. Record a deed restriction specifying the property restrictions on the accessory
dwelling unit for the 30 -year term.
d. Assign and record the deed restriction using a form of assignment and
assumption approved by the Director of Development Services in the event that
the property is transferred or sold.
19. In conjunction with the construction of an ADU or a JADU, the correction of legal -
nonconforming zoning conditions as defined in Section 17.44.020 shall not be required.
This subsection shall not be considered in the application of any local ordinance, policy or program
to limit residential growth.
Ordinance No. 837
Page 8
B. Other Habitable Accessory Buildings. Habitable accessory buildings, excluding accessory
dwelling units and junior accessory dwelling units, may be located on the same lot as an existing
single-family dwelling and shall comply with the following standards:
1. The habitable accessory building may be either attached to or detached from the main
residencep+ . A detached habitable accessory building shall be at least 10
feet from the main residence or other detached accessory building.
2. A habitable accessory building is limited to one room and may contain a separate
bathroom, a bar fridge and/or a bar sink but may not contain other cooking or kitchen
facilities. A habitable accessory building must have heating
3. The habitable accessory building shall comply with the setback, height and lot coverage
requirements of PMC 17.08.160.
4. The habitable accessory building shall be similar and compatible to the main
residence in architectural style and materials.
5. The floor area of the habitable accessory building shall not exceed 25 percent of the
floor area contained in the main residence (not including garage area) or
1,500 square feet, whichever is Tess. However, a habitable accessory building shall not
be required to contain less than 500 square feet unless this is necessary to meet lot
coverage or setback requirements.
6. The habitable accessory building shall never be rented or leased as a separate unit. A
deed restriction stating these limitations shall be recorded with the County Recorder.
7. The combined total area of all habitable accessory structures on a lot, including an ADU
or JADU, shall not exceed 50 percent of the floor area of the main residenceary
dwelling (not including the garage area) or 1,500 square feet, whichever is less.
C. Detached Nonhabitable Accessory Buildings. Detached nonhabitable accessory buildings with
a projected roof area that exceeds 120 square feet shall comply with the following:
1. Size. On lots less than two net acres in size, a detached nonhabitable accessory
building shall not be greater than 50 percent of the gross floor area of the living space of
the main residence on the lot or 1,500 square feet, whichever is less. A garage with a
gross floor area no greater than 600 square feet is permitted regardless of the living space
of the main +ldingresidence, if no other garage is located on the lot. A detached
nonhabitable accessory building that does not exceed 50 percent of the gross floor area
of the living space of the main residence on the lot but is greater than 1,500 square feet
may be approved with a minor development review permit pursuant to
Chapter 17.52 PMC. On lots greater than two net acres or more in size, the size limits for
nonhabitable accessory buildings and garages do not apply.
2. Height and Setbacks. A detached nonhabitable accessory building shall meet all of the
required setbacks, height and lot coverage requirements contained in PMC 17.08.160,
except that a building - : - - : _ - - - - - - - ' - that is limited to one story and
does not exceed 16 feet above the average grade may be allowed to encroach into the
required rear and interior side yard setbacks as follows, provided the overall lot coverage
is not exceeded:
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Ordinance No. 837
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a. Rear Yard Setback. Located no closer than five feet from the rear property line,
excluding a maximum two -foot eave overhang, and at least 10 feet from the main
residence or other detached accessory building.
b. Interior Side Yard Setback. Located no closer than five feet from the interior side
property line, excluding a maximum two -foot eave overhang, and detached at least
10 feet from the main residence or other detached accessory building and within
the rear yard area only.
3. A deed restriction stating that the accessory building will not be habitable, rented or
leased as a separate unit, and no kitchen facilities will be installed, shall be recorded with
the County Recorder.
D. Detached buildings with a projected roof area less than 120 square feet may be located
anywhere on a single-family residential lot, except within the front and street side yard areas,
provided the eaves do not overhang the adjacent property. These buildings shall not exceed
eight feet in height. Detached buildings shall be separated from other buildings by 10 feet
minimum.
E. 1. Canopies, patio covers, carports, breezeways, and other similar accessory buildings
and structures as determined by the Director of Development Services, which are attached to the
main residence or connecting the main residence with a detached accessory building, may extend
into a required rear or interior side yard; provided, that portions of such structures extending into
the yard comply with all of the following:
a. Height. Shall not exceed 1-516 feet in height.
b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side
yard and at least 10 feet from the rear lot line.
c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main
residence.
d. Design. Shall be entirely open on at least three sides except for necessary supporting
columns. A roof connecting a main residence and an accessory building, such as a
breezeway, shall be open on two sides.
e. Eaves. May project one-half the distance into the required side yard setback.
2. Canopies, patio covers, carports, gazebos, breezeways, and other similar accessory
buildings and structures as determined by the Director of Development Services which are
detached from the main residence may extend into a required rear or interior side yard; provided,
that portions of such structures extending into the yard comply with all of the following:
a. Height. Shall not exceed 1-516 feet in height.
b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side
yard and rear lot lines.
c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main
residence.
Ordinance No. 837
Page 10
d. Design. Shall be entirely open on at least three sides for patios and canopies except for
necessary supporting columns.
e. Eaves. May project one-half the distance into the required rear or side yard setback.
f. Building Setback. Shall observe a minimum 10 feet from the residence or other detached
accessory structure.
F. Porches, steps, architectural features such as eaves, awnings, and chimneys, and balconies,
stairways, wing walls or bay windows may project not more than four feet into any required front
or rear yard area, nor into any required interior or street side yard setback more than one-half of
said required side yard setback.
G. Swimming pools or spas, including mechanical equipment, diving boards, slides and similar
devices, shall be located a minimum of three feet from the main residence on the lot and at least
five feet from the side and rear property lines and shall comply with all fencing requirements of
PMC 8.52.050. In no instances shall swimming pools or spas be located within the front yard
setback.
SECTION 14: Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its
application to any other person or circumstance. The City Council declares that it would have
adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 15: This Ordinance shall be codified.
SECTION 16: All references to the Government Code are inclusive of any amendments
that may occur following adoption of this Ordinance.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
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Ordinance No. 837
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INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 3rd day of December, 2019, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of
December, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
ATTEST:
MULLIN, LEONARD, FRANK, GROSCH, VAUS
NONE
NONE
NONE
Clerk
M a City
a.. . CMC
Steve Vaus, Mayor