Effective January 1, 2017, state legislation (AB 2299 and SB 1069) amended Government Code Section 65852.2 regarding Accessory Dwelling Units (ADUs), superseding the sections of the City's regulations for “secondary dwelling units” (applicable in the residential single unit zones) and “accessory dwelling units” (applicable in the residential two unit zones) that were inconsistent with Government Code Section 65852.2. The state ADU laws were further refined through the adoption of AB 494 and SB 229 in October 2017.
On May 15, 2018, City Council adopted Ordinance No. 5834 (effective date: June 14, 2018) amending Title 30 of the Municipal Code, The Zoning Ordinance, to adopt local development regulations related to ADUs (adding Municipal Code Section 30.185.040); and Resolution No. 18-030 approving the ADU Covenants (deed restrictions enforcing terms regarding sale, rental, and owner occupancy) as to form.
Because Title 30 has not yet been submitted to the California Coastal Commission for certification, Section 30.185.040 is not applicable within the Coastal Zone. Therefore, the provisions of Government Code 65852.2 will apply in the Coastal Zone until Title 30 is certified by the California Coastal Commission. A proposed ADU may require a Coastal Development Permit (CDP) depending on the project type.
Resolution No. 18-030 including Accessory Dwelling Unit Covenant for Residential Single Unit Zone (Owner Occupancy); Junior Accessory Dwelling Unit Covenant; and Accessory Dwelling Unit Covenant (No Owner Occupancy)
This work effort is being conducted by the Planning Division of the Community Development Department. For questions about the state law or the City’s amendment to the Zoning Ordinance establishing local regulations for ADUs, contact (805) 564-5470 x4461 and your call will be directed.
For questions about zoning compliance and building permits for ADUs, please refer to the Accessory Dwelling Unit Submittal and Informational Packet above or stop by the permit counters at 630 Garden Street, or call the Planning/Zoning Counter at (805) 564-5578.
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