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Ord 2017-003
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Ord 2017-003
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4/7/2017 10:31:05 AM
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4/7/2017 10:27:25 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
4/3/2017
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PERM
Document Relationships
_CC Agenda 2017 0403 CS + RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2017\Packet 2017 0403
8J Consent Calendar 2017 0403
(Amended)
Path:
\City Clerk\City Council\Agenda Packets\2017\Packet 2017 0403
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9. Residential Site Plan Review.For ADUs located in an RO,RS,or RS-40 District that meet the <br /> standards for Residential Site Plan Review as defined in this Code,the ADU shall comply with <br /> Section 2-580(H)—Residential Site Plan Review Standards. <br /> 10. View Preservation/Site Plan Review. For ADUs located in a RS-VP District that meet the <br /> standards for View Preservation/Site Plan Review defined in this Code,the ADU shall comply <br /> Section 2-582(D)(6)—View Preservation/Site Plan Review Standards. <br /> 11. Connection to Street. No passageway shall be required in conjunction with the construction of an <br /> ADU,unless such a connection is mandated by the Americans with Disabilities Act or other state <br /> or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to <br /> the sky,that extends from the street to the door of the ADU. <br /> E. Fees. <br /> 1. The City may charge a fee for costs associated with the issuance of permits and inspections to <br /> determine whether the ADU is in compliance with the applicable development and design <br /> standards of this Section. <br /> 2. ADUs that result in no net increase in habitable floor space shall be exempt from local impact <br /> fees. ADUs that add habitable floor space may be subject to fees that are proportionate to the <br /> burden of the proposed ADU on City services. However,under no circumstance may an ADU be <br /> considered equivalent to a new single family dwelling unit for the purpose of fee calculation. <br /> F. Prohibition on Short Term Rental. The rental of ADUs for terms shorter than 30 days shall be <br /> prohibited. <br /> G. Building Safety. <br /> 1. A smoke alarm and carbon monoxide detector shall be installed in all ADUs. <br /> 2. ADUs shall not be held to a higher standard than the principal residence for fire sprinklers. Fire <br /> sprinklers shall only be required if they would be required for an equivalent addition or <br /> modification of space on a residential property that was not associated with an ADU. <br /> 3. A permanent foundation shall be required for all detached ADUs. <br /> 4. Approval by the local health officer may be required where a private sewage system is being <br /> used. <br /> H. Conditions Recorded.The City shall file a Notice of Occupancy Restriction with the Alameda County <br /> Recorder within thirty(30)days from the date of the approval of the ADU. The Restriction shall <br /> include a prohibition on the sale of the ADU separate from the sale of the principal residence and that <br /> the main dwelling or accessory dwelling shall be owner-occupied, including a statement that the deed <br /> restriction may be enforced against future purchasers. <br /> I. Prohibition-Subdivision-Separate Tax Assessment.Approval of an ADU shall not be deemed to be <br /> a division of land for purposes of Government Code Section 66410 et seq.,or Title VII of the <br /> Municipal Code,nor shall the ministerial approval in accord with this Article entitle the applicant to: <br /> 1. Such a division of land; or <br /> Proposed Zoning Code Amendments for Accessory Dwelling Units *As Amended,March 20,2017 Page 5 <br />
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