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O-10-23 Amending Title 18 Section 18.42.150 of the Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Adoption of the Ordinance to be Statutorily Exempt from CEQA
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O-10-23 Amending Title 18 Section 18.42.150 of the Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Adoption of the Ordinance to be Statutorily Exempt from CEQA
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9/20/2023 5:06:42 PM
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9/20/2023 5:06:41 PM
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City Clerk
Agenda Type
City Council
CC - Doc Type
Ordinance
Date
9/19/2023
Resolution No.
O-10-23
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1 . (C) A detached ADU created on a lot with an existing or proposed <br /> multifamily dwelling that has more than one story above grade <br /> 2 may not exceed two stories or 30 feet in height. <br /> 3 (D) An ADU that is attached to the primary dwelling may not <br /> 4 exceed 35 feet in height or the height limitation imposed by the <br /> underlying zone that applies to the primary dwelling, <br /> 5 whichever is lower.Notwithstanding the foregoing, ADUs <br /> subject to this subsection(e)(2)(D)may not exceed two stories. <br /> 6 <br /> (E) For purposes of this subsection(e)(2), height is measured <br /> 7 above existing legal grade to the peak of the structure. <br /> 8 (3) Fire Sprinklers. <br /> 9 <br /> (A) Fire sprinklers are required in an ADU if sprinklers are <br /> 10 required in the primary residence. <br /> 11 (B) The construction of an ADU does not trigger a requirement for <br /> fire sprinklers to be installed in the existing primary dwelling. <br /> 12 <br /> 13 (4) Rental Term.No ADU or JADU may be rented for a term that is shorter than <br /> 30 days. This prohibition applies regardless of when the ADU or JADU was <br /> 14 created. <br /> 15 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as <br /> otherwise provided in Government Code Section 65852.26, no ADU or JADU <br /> 16 may be sold or otherwise conveyed separately from the lot and the primary <br /> dwelling (in the case of a single-family lot) or from the lot and all of the <br /> 17 dwellings (in the case of a multifamily lot). <br /> 18 (6) Septic System. If the ADU or JADU will connect to an onsite wastewater- <br /> 19 treatment system, the owner must include with the application a percolation <br /> test completed within the last five years or, if the percolation test has been <br /> 20 recertified, within the last 10 years. <br /> 21 (7) Owner Occupancy. <br /> 22 (A) An ADU that is permitted after January 1, 2020, but before <br /> 23 January 1, 2025, is not subject to any owner-occupancy <br /> requirement. <br /> 24 <br /> (B) Unless applicable law requires otherwise, all ADUs that are <br /> 25 permitted on or after January 1, 2025 are subject to an owner- <br /> occupancy requirement. A natural person with legal or <br /> 26 equitable title to the property must reside on the property as the <br /> 27 person's legal domicile and permanent residence. <br /> 28 <br />
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