§ 30.91.030. Process for Approval of an Accessory Dwelling Unit.

A.

Within 120 days of submittal of a complete application for an Accessory Dwelling Unit Permit (ADU), administrative approval shall be granted by the Director of Planning and Community Development for an ADU Permit submitted in accordance with the procedure in Subsection A.1. or a Junior Accessory Dwelling Unit (JrADU) request submitted in accordance with Subsection A.2.

1.

ADU Submittal Requirements. In addition to the general application and permit fees for planning and engineering review as applicable, the applicant shall submit the following to demonstrate compliance with Section 30.91.040 to the satisfaction of the Planning and Community Development Director:

a.

A site plan with proposed setbacks fully dimensioned for all existing and proposed structures on the project site, and calculations indicating the square footage of the lot, structure (existing and proposed), and the percentage of lot coverage.

b.

At least four elevations with proposed height fully dimensioned showing all facade openings and exterior finishes.

c.

A floor plan containing an attest or proof of compliance with the floor area ratio requirement for the underlying zone.

d.

Information regarding available water and sewer utility easements, services, and connections and whether the existing primary residence has an automatic residential sprinkler system.

e.

Standard notes printed on the construction plans prior to building permit approval, including the following statement:

The ADU shall not be sold or otherwise conveyed separate from the primary dwelling unit. The property owner shall reside on the property in either the primary dwelling unit or in the ADU. If rented, the term for rental shall be 30 consecutive days or greater (except in the RC zone).

f.

A certification of height, setback, and floor area compliance prior to framing inspection.

g.

A construction-phase parking and equipment/materials storage plan

h.

Any additional information as necessary to demonstrate the proposed ADU is exempt from discretionary review (see Subsection D.).

2.

JrADU Submittal Requirements. In addition to the general application and permit fee, the applicant for a JrADU shall submit the following to demonstrate compliance with Section 30.91.050 to the satisfaction of the Planning and Community Development Director:

a.

A site plan with setbacks fully dimensioned for all existing structures on the project site to demonstrate the site is developed with a single dwelling unit and that there is no existing ADU on-site.

b.

A floor plan to demonstrate compliance with Section 30.91.050 requirements for a bedroom, efficiency kitchen, separate exterior entry, interior connection to the primary dwelling unit, and the bathroom the JrADU will have access to.

B.

Upon submittal of a permit application, the applicant and City shall post a courtesy notice of application at the project site and at City Hall for the public to view in accordance with the City's standard development procedure.

C.

Prior to development or occupancy of an ADU or JrADU, the applicant shall obtain all construction-related permits as applicable pursuant to Chapter 23.04 (Building Construction General Provisions).

D.

Notwithstanding the provisions of this Code, development of a JrADU designed in accordance with Section 30.91.050 shall be exempt from the requirement to obtain a discretionary permit in all cases. A request for an ADU designed in compliance with Section 30.91.040 shall be exempt from discretionary review as follows:

1.

Exempt from a Design Review Permit (Chapter 23.28) in all zones including the Carmel Valley Precise Plan.

2.

Exempt from a Land Conservation Permit (Chapter 23.33) where proposed grading complies with the following:

a.

The proposed alteration of the existing grade elevation is 18 inches or less;

b.

The proposed alteration of the existing grade elevation is temporary and would be replaced with the ADU structure and the grade restored within 18 inches of the original grade elevation;

c.

Any proposed excavation to fill less than 25 cubic yards; or

d.

Development of the ADU involves a maximum of 50 cubic yards of combined grading cut and/or fill and a maximum alteration of the existing or natural grade elevation of the property by no more than 36 inches, and no grading occurs during the time period November 15 to March 31.

3.

Exempt from a Floodplain Development Permit (Chapter 30.56) where located in the Floodplain Overlay Zone and the following apply:

a.

ADU will be located entirely within the walls of an existing structure; or

b.

ADU will be located in a structure that is designed as follows:

i.

The lowest floor (including basement) will be elevated at or above the base flood elevation;

ii.

The structure will be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

iii.

Construction materials will be resistant to flood damage; and

iv.

All plumbing, electrical, heating, ventilation, and air conditioning equipment will be designed to prevent water from entering or accumulating within the components during conditions of flooding.

4.

Exempt from a Conditional Use Permit (Chapter 30.74) where:

a.

Located in the Bluff Slope and Canyon Overlay Zone, and the ADU will be set back at least 20 feet from the top of a steep slope and at least ten feet from the bottom of a steep slope per Section 30.52.070; or

b.

Located in the Coastal Bluff Overlay Zone, and the ADU will be constructed primarily above grade, and set back at least 40 feet from the top edge of a coastal bluff per Section 30.55.080.

5.

Coastal Development Permit Requirement (Chapter 30.75).

a.

California Government Code Section 65852.2 provides that the Accessory Dwelling Unit statutes do not supersede or in any way alter or lessen the effect or application of the California Coastal Act, except that the City shall not be required to hold public hearings for Coastal Development Permit applications for ADUs.

b.

The following are exempt from a Coastal Development Permit, except where a permit is otherwise required pursuant to Subsection D.5.c.:

i.

The ADU will be contained entirely within or directly attached to an existing single dwelling unit.

ii.

Minor changes to an existing residential structure are proposed to construct an ADU consistent with Section 30.91.040 that will not involve the removal or replacement of major structural components (e.g. roofs, exterior walls, or foundations) and will have no potential to adversely impact coastal resources pursuant to the Chapter 3 policies of the Coastal Act.

c.

An administrative Coastal Development Permit in accordance with Subsection 30.75.080.E. shall be obtained for an ADU where:

i.

A previously issued Coastal Development Permit requires a new Coastal Development Permit or an amendment be processed for any changes to the approved development or for future development or uses of the site as a condition of approval.

ii.

The ADU will be located between the first public road and the sea or within 300 feet of a beach or the mean high tide line and will increase the interior floor area by ten percent or more or increase the height by more than ten percent.

d.

A Coastal Development Permit required by Subsection D.5.c. shall be processed in accordance with the following procedures:

i.

In order to approve the ADU, the Planning Director shall make a finding that the proposed development is consistent with the requirements of the certified Local Coastal Program, and where applicable, the public access and recreation policies of the Coastal Act, except that no public hearing shall be required.

ii.

Public notice shall be provided for Coastal Development Permit applications in accordance with Section 30.75.120.

iii.

Once a final decision of approval or denial is issued by the Planning Director, the notice of final action shall be provided within seven days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100.

iv.

If the ADU qualifies as appealable development pursuant to Chapter 30.75, the Planning Director's decision to approve a Coastal Development Permit may be appealed to the Coastal Commission within ten calendar days in accordance with Section 30.75.110.

E.

No Variances shall be granted for an ADU or a JrADU.

F.

The City shall maintain a record of all ADUs and JrADUs issued permits for reporting to the State of California.

(Ord. No. 932 , § 36, 10-2-2017)