HomeMy WebLinkAbout2026-04-14 - AGENDA REPORTS - ADU AND HOUSING LAW UPDATES MC26-011 UDC26-001O
Agenda Item: 1
CITY OF SANTA CLARITA
W
AGENDA REPORT
PUBLIC HEARINGS
CITY MANAGER APPROVAL:
DATE: April 14, 2026
SUBJECT: ACCESSORY DWELLING UNIT ORDINANCE AND HOUSING
LAW UPDATES — FIRST READING
DEPARTMENT: Community Development
PRESENTER: Andy Olson
RECOMMENDED ACTION
City Council:
1. Conduct the public hearing.
2. Find the Accessory Dwelling Unit Ordinance and Housing Law Updates project exempt from
review under the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15061(b)(3), the common-sense exemption.
3. Introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 26-011
(UDC26-001), AMENDING THE SANTA CLARITA MUNICIPAL CODE," and pass to
second reading.
BACKGROUND
REQUEST
Since the 2021 adoption of the Accessory Dwelling Unit (ADU) ordinance and the two -unit
development ordinance in 2022, the California Legislature and Department of Housing and
Community Development (HCD) have continued to expand state housing laws, further limiting
the City of Santa Clarita's (City) ability to regulate ADUs, junior ADUs (JADUs), two -unit
developments, and urban lot splits. Recent updates to state law, including Government Code
§ 66323, require the City to approve ADUs that meet state standards, without applying additional
local regulations on these ADUs, such as regulations regarding fire zones, protected oak trees, or
Significant Ecological Areas (SEAs). Additionally, Government Code §§ 65852.21 and 66411.7
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require ministerial approval of two -unit developments and urban lot splits. To address these
changes, City staff prepared amendments to the Santa Clarita Municipal Code (SCMC) to update
the City's regulations consistent with state law and HCD's interpretation of those laws.
The City proposes to amend the SCMC, including text amendments to Chapter 16 (Subdivisions)
and Chapter 17 (Zoning) to change regulations governing: 1) accessory dwelling units (ADUs);
2) two -unit residential development (Senate Bill 9 [SB9]); and 3) implementation of Housing
Element Program HP-2. 1.
Accessory Dwelling Unit Regulations
California state (state) law regulates both ADUs and JADUs. Both ADUs and JADUs provide
additional units on properties with proposed or existing single-family and multifamily
development. The existing regulations were adopted by the City Council ("ADU ordinance") on
January 26, 2021. These ADU regulations provided local control over development standards
(e.g., design, setbacks, and parking requirements) that were allowed at that time. The ordinance
further limited ADUs in high -fire -severity zones for public safety and included protections for
oak trees and significant ecological areas (SEAs). The following is a brief summary of the City's
ADU ordinance since its adoption by City Council:
• February 17, 2021: City submitted ordinance to HCD within 60 days of adoption, as
required by state law
• March 24, 2023: HCD provided a review letter
• April 21, 2023: City replied to HCD, within a 30-day timeline
• May 27, 2025: City Council adopted 2025 SCMC Updates, including minor ADU
ordinance amendments in response to three state ADU bills
• June 27, 2025: City submitted revised ordinance to HCD as required by law
• December 10, 2025: HCD provided a review letter on both the ADU ordinance and the
two -unit development ordinance
• January 7, 2026: City replied to HCD, within a 30-day timeline
Two -Unit Development Ordinance (SB9)
On September 16, 2021, the Governor signed SB9, which became effective on January 1, 2022.
As a result, the City must ministerially (i.e., the City does not have discretion) approve two -unit
residential developments on parcels zoned for a single-family unit, and must ministerially
approve parcel maps for lot splits on parcels zoned for single-family uses (urban lot splits),
subject to qualifying criteria.
On January 25, 2022, the City Council adopted Ordinance No. 22-2, implementing development
standards into the SCMC to regulate the two -unit residential developments and urban lot splits
required by SB9. This ordinance was not submitted to HCD because state law did not require it.
However, the review letter HCD sent to the City in December 2025, included comments on the
City's SB9 ordinance in addition to the ADU ordinance. As a result, the City must propose
revisions to these regulations. The proposed amendments would address HCD's review letter
related to the implementation of SB9 and ensure these units are permitted in compliance with
state law and HCD's comments.
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Housing Element Program HP-2.1
The City's 6th Cycle Housing Element was originally adopted by the City Council on May 10,
2022. City staff went through multiple rounds of review with HCD, receiving comments from
HCD on July 7, 2022, and February 14, 2023. The final Housing Element was adopted by the
City Council on June 27, 2023, and certified by HCD on August 22, 2023. There are a number of
programs in the Housing Element aimed at implementing the goals and policies established in
the Housing Element. This includes Program HP-2.1: Zoning Code Changes for Consistency
with State Law. This program intends to update the SCMC to incorporate current state law
related to a variety of housing -related uses. This includes compliance with legislation regarding
transitional housing, supportive housing, emergency shelters, low -barrier navigation centers, and
employee and agricultural worker housing, as well as updating the City's ADU ordinance in
accordance with state law. The proposed amendments would ensure these housing types are
permitted in conformance with state requirements.
PLANNING COMMISSION ACTION
On March 17, 2026, the City's Planning Commission held a public hearing on the proposed
amendments at its regularly scheduled meeting. The Planning Commission voted 3-2 to adopt
Resolution No. P26-02, recommending that the City Council adopt an ordinance to codify the
proposed amendments. A copy of the Planning Commission's staff report is available in the City
Clerk's reading file.
PROJECT DESCRIPTION
The proposed project would update the SCMC with amendments to the City's ADU ordinance
and SB9 ordinance, as well as zoning updates to implement Housing Element Program HP-2.1.
The proposed amendments were prepared by City staff in coordination with the City Attorney's
Office, and consist of text amendments only; no changes to the City's zoning map, land use
designations, or development densities are proposed. No construction or development is
proposed as part of the project.
Accessory Dwelling Unit Ordinance
As described above, the City's original ADU ordinance was prepared to provide for maximum
local control as permitted by state law at the time of adoption. State law has continued to evolve,
and today, adoption of a local ADU ordinance no longer provides the same local control benefits
that previously existed. State legislation regarding ADUs continues to change on a yearly basis,
and the proposed amendments will keep the City's code compliant and not in conflict with state
law.
The proposed amendments to the ADU regulations implement the Legislature's mandate that
requires the City to approve ADUs that meet the requirements of state law, including
Government Code § 66323. These "state -mandated" or "state -exempt" ADUs must be allowed
under state law regardless of: (1) whether the City implements an ADU ordinance, and (2) any
development or design standard adopted by the City. These mandatory ADUs include:
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On a single-family property:
o A conversion ADU within the existing home or accessory structure
o A JADU within the existing home or accessory structure
o A detached ADU, up to 800 square feet, and with four -foot side and rear setbacks
On a multifamily property:
o Conversion of ADUs within existing non -livable space (e.g., attics, garages). This
includes at least one ADU and up to 25 percent of the number of units on -site
o Detached ADUs (up to eight ADUs for an existing multifamily development, not to
exceed the number of units on -site, and up to two ADUs for a proposed multifamily
development)
These ADUs are largely exempt from local development standards. As discussed, the City will
no longer be able to restrict ADUs and JADUs in High Fire Zones, or based on the oak tree
preservation ordinance, or proximity to an SEA. Residents would continue to be responsible for
any impacts to protected species regardless of any ADU or JADU regulations.
As of the writing of this staff report, however, the City remains able to impose development
impact fees on some ADUs. In addition, the City is required by state law to prohibit short-term
rental of ADUs and JADUs. The proposed ordinance implements all of the mandates imposed on
the City by state law and responds to HCD's comments.
Two -Unit Development Ordinance
The proposed amendments addressing SB9, similarly to the ADU amendments described above,
would align the SCMC standards with state law, including, without limitation, Government Code
§§ 65852.21 and 66411.7. Senate Bill 9 mandates that the City must ministerially approve two
residential units on a single-family lot. The proposed amendments are necessary to implement
this existing state mandate. Under the proposed amendments, the only standards the City can
apply are the objective development standards of the underlying zone (such as setbacks, height
limits, and lot coverage), unless state law provides an exemption. The City would no longer be
able to regulate these types of developments based on standards such as High Fire Zones or
based on the oak tree preservation ordinance.
Senate Bill 9 also mandates that the City approve urban lot splits. The proposed amendments
would also repeal SCMC Chapter 16.28, which currently contains the City's subdivision
requirements for urban lot splits. As permitted by state law, urban lot splits would be required to
comply with the objective parcel map standards in Title 16 of the SCMC, the same standards that
apply to a typical Tentative Parcel Map application.
Housing Element Program HP-2.1
Housing Element Program HP-2.1 aims to implement SCMC amendments to ensure that the
City's zoning code remains consistent with state housing law. The City is already implementing
these items as mandated by state law, and HCD requires the City to codify these housing -related
changes. The proposed amendments address the following items from Program HP-2.1:
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• Transitional housing
• Supportive housing
• Emergency shelters
• Low barrier navigation centers
• Employee and agricultural worker housing
• ADUs
• Group homes
Implementation of Program HP-2.1 would be primarily achieved through proposed amendments
to the Residential Use Charts (SCMC Chapter 17.43) and the Homeless Shelter Development
standards (SCMC § 17.66.070). This includes the creation of a new permitted use chart category
identified as "State -Designated Housing Use Types." This chart would reference applicable state
legislation for these use categories. These housing types are regulated by state law, which limits
the City's ability to enforce local regulations and standards.
The proposed amendments also include a minor strikethrough to residential service/care homes
(group homes) to remove the limitation on the number of residents for these uses. Under state
law, the City cannot restrict the number of residents in these facilities; Residential Service/Care
Homes are licensed and regulated by the state and subject to state regulations on the number of
residents. The proposed amendments ensure the City permits these uses in compliance with state
law and will remain compliant as state regulations change in the future.
The proposed amendments to the Homeless Shelter development standards ensure that
development criteria are objective and are in compliance with state regulations for these uses.
ENVIRONMENTAL
A draft Notice of Exemption was prepared for the proposed project. The project is exempt from
additional environmental review pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000,
et seq.) § 15061(b)(3), the common-sense exemption. The activity is covered by the general rule
that CEQA applies only to projects that have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
NOTICING
All notices required by law were completed, which consisted of a one -eighth page legal
advertisement in The Signal newspaper on March 24, 2026. As of the writing of this staff
report, City staff has received no correspondence from the community on this item.
CONCLUSION
As described above, the proposed amendments are necessary to update the SCMC in accordance
with current state law; to address HCD's review letter regarding ADUs and S139 developments;
and to implement Program HP-2.1 of the City's Housing Element. City Council action is
required to approve amendments to the SCMC.
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ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Public Notice
Ordinance
Proposed SCMC Amendments - Clean Version
2023 and 2025 HCD Review Letters and City Responses
Housing Element Program HP-2.1
Notice of Exemption
Planning Commission Agenda Packet (available in the City Clerk's reading file)
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04 gANTA QL
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OG2O�D �5 DECEMO�� 001
APPLICATION
CITY OF SANTA CLARITA
COMMUNITY DEVELOPMENT DEPARTMENT
23920 Valencia Boulevard, Suite 302
Santa Clarita, CA 91355
PROJECT LOCATION
PROJECT APPLICANT:
NOTICE OF PUBLIC HEARING
Master Case 26-011: Unified Development Code Amendment 26-001
Citywide
City of Santa Clarita
PROJECT DESCRIPTION: The City of Santa Clarita (City) is requesting amendments to Titles 16 and
17 of the Santa Clarita Municipal Code, commonly referred to as the Unified Development Code (UDC), to
address State housing legislation. The proposed amendments include amendments to the City's Accessory
Dwelling Unit (ADU) Ordinance, amendments to the City's two -unit development (also known as S139)
ordinance, and amendments to implement Housing Element Policy HP-2.1.
PLANNING COMMISSION ACTION: On March 17, 2026, the Planning Commission voted 3-2 to
recommend that the City Council approve the proposed amendments. Therefore, the City Council will
conduct a public hearing on this matter on the following date:
DATE: Tuesday, April 14, 2026
TIME: At or after 6:00 p.m.
LOCATION: City Hall, Council Chambers
23920 Valencia Blvd., First Floor
Santa Clarita, CA 91355
A NOTICE OF EXEMPTION was prepared for the proposed project. The project is exempt from the
California Environmental Quality Act (CEQA) under Article 5 Section 15061(b)(3), the common-sense
exemption. The activity is covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
If you wish to challenge the action taken on this matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearings described in this notice, or written correspondence
delivered to the City of Santa Clarita at, or prior to, the public hearings.
For further information regarding this proposal, you may contact the project planner by appointment at the
City of Santa Clarita, Permit Center, 23920 Valencia Blvd., Suite 140, Santa Clarita, CA 91355. Telephone:
(661) 255-4330. Website: www.santaclarita.gov-planning. Send written correspondence via email to
aolson&santaclarita.gov, or by US mail to: 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355.
Project Planner: Andy Olson, Associate Planner.
Mary Cusick, MMC
City Clerk
Published: The Signal, March 24, 2026
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ORDINANCE NO. 26-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING MASTER CASE 26-011 (UDC26-001), AMENDING THE
SANTA CLARITA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF FACT FOR MASTER CASE 26-011. The City Council
makes the following findings of fact:
A. The City periodically updates the Santa Clarita Municipal Code (SCMC), including the
subdivision regulations (Title 16) and zoning regulations (Title 17).
B. The City Council adopted the City's accessory dwelling unit (ADU) ordinance on
January 26, 2021. The ordinance was submitted to the California Department of Housing
and Community Development (HCD), which provided a review letter in March 2023.
The City responded in April 2023, and HCD's next review letter was provided in
December 2025.
C. The City Council adopted the City's two -unit development (Senate Bill 9 [SB9])
ordinance on January 25, 2022. HCD provided comments on the ordinance in its
December 2025 review letter.
D. The City Council adopted the 6th Cycle Housing Element on June 27, 2023, and HCD
certified the Housing Element on August 22, 2023. The Housing Element included
Program HP-2.1: Zoning Code Changes for Consistency with state law.
E. The City seeks to amend the SCMC to implement HCD's recommendations regarding
regulating ADUs, two -unit developments, and the City's adopted Housing Element
(Proj ect).
F. The Project was duly noticed for a public hearing before the Planning Commission in
accordance with the public hearing noticing requirements of the SCMC, and a one -eighth
page advertisement was placed in The Signal Newspaper on February 24, 2026.
G. The City reviewed the Project's environmental impacts pursuant to the California
Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and the
CEQA Guidelines (14 California Code of Regulations §§15000, et seq.; collectively,
"CEQA").
H. The Planning Commission held a duly noticed public hearing on the project commencing
on March 17, 2026, at 6:00 p.m., or later, at City Hall, 23920 Valencia Boulevard, Santa
Clarita, California.
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At the public hearing, the Planning Commission considered the entire administrative
record, including, without limitation, the staff presentation, staff report, and public
testimony. At the close of the public hearing, the Planning Commission in a 3-2 vote,
recommended the City Council approve Master Case 26-011 and its associated
entitlements, as shown in attached Exhibits A and B, which are incorporated by
reference.
The Project was duly noticed in accordance with the public hearing noticing requirements
of the SCMC, and a one -eighth page advertisement was placed in The Signal Newspaper
on March 24, 2026.
K. The City Council held a duly noticed hearing on Master Case 26-011 on April 14, 2026.
This ordinance, and its findings, are made based upon the evidence presented to the City
Council at its April 14, 2026, hearing including, without limitation, the staff report
submitted by the Community Development Director.
SECTION 2. ENVIRONMENTAL ASSESSMENT OF MASTER CASE 26-011. Based
upon the foregoing facts and findings, the City Council finds as follows:
A. A Notice of Exemption for this project was prepared in compliance with the CEQA.
B. The Project is exempt from CEQA under CEQA Guidelines § 15061(b)(3), the common
sense exemption. The activity is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment. Where
it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA.
C. The documents and other materials that constitute the record of proceedings upon which
the decision of the City Council is based is the Master Case 26-011 project file and that
this project file is located within the Community Development Department and is in the
custody of the Director of Community Development.
D. Based upon the findings set forth above, the City Council finds the Project to be
categorically exempt from additional environmental review and that the Director
prepared the Notice of Exemption for this Project in compliance with CEQA.
SECTION 3. GENERAL FINDINGS FOR MASTER CASE 26-011. Based on the
foregoing facts and findings for Master Case 26-011, the City Council determines as follows
A. That the proposal is consistent with the General Plan;
The proposed amendments themselves do not include any new development. Adoption of
the proposed amendments will implement California law, including, without limitation,
ADU and S139 legislation, and will further implement the City's Housing Element.
Specifically, the amendments are consistent with the following Land Use and Planning
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objectives and policies:
Objective LU 3.1: Provide for a diversity of housing types available to provide safe
and suitable homes for all economic levels, household sizes, age
groups and special needs groups within the community.
Policy LU 3.1.1: On the Land Use Map, designate adequate land for residential use
at various densities to provide a mix ofhousing opportunities for
all segments of the population, including attached, detached,
senior, and mixed -use housing types, which are consistent with
community character and meet the region's housing goals.
Policy LU 3.1.2: Provide a mix ofhousing types within neighborhoods that
accommodate households with varied income levels.
Policy L U 3.1.5: Promote development ofhousing that is affordable to residents,
including households with incomes in the very low, low, and
moderate income classifications, through provision of adequate
sites on the Land Use Map, allowance for density bonuses and
other development incentives.
The proposed amendments are consistent with the objectives and policies listed above.
Two -unit developments and ADUs provide diversity in the local housing stock,
increasing the number of homes available. In addition, the proposed amendments are
necessary to comply with changes to California legislation since the time the City's ADU
and SB9 ordinances were adopted.
The proposed amendments also would implement several provisions within Housing
Element Program HP-2.1. This includes addressing changes to California law regarding
transitional housing, supportive housing, emergency shelters, low barrier navigation
centers, employee and agricultural worker housing, ADUs, and group homes.
The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of the Unified Development Code (UDC);
The proposed amendments do not require a consistency finding with the existing code
because the project would amend the SCMC in general. While no consistency finding is
required, the proposed amendments would not change development densities or the
City's zoning map; the proposed amendments implement and memorialize existing state
legislation that applies to development in the City today, bringing the SCMC into
consistency with California law.
The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the vicinity
and zone in which the property is located; and
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M
The proposed amendments are necessary to implement the requirements of California
regulations, and would bring the SCMC into compliance with state law.
The proposal is physically suitable for the site. The factors related to the proposal's
physical suitability for the site shall include, but are not limited to, the following:
1. The design, location, shape, size, and operating characteristics are suitable for
the proposed use;
2. The highways or streets that provide access to the site are ofsufcient width and
are improved as necessary to carry the kind and quantity of trafc such proposal
would generate;
3. Public protection services (e.g. Fire protection, Sheriprotection, etc.) are
readily available; and
4. The provision of utilities (e.g. potable water, schools. Solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc) is
adequate to serve the site.
The proposed amendments do not include development of any specific site, and would
amend the SCMC in general. Development of ADUs, two -unit developments, and other
residential -related uses described in the amendments would be developed in compliance
with California law and would be regulated by the City to maximum extent feasible. The
City currently receives service from the Consolidated Fire Protection District of Los
Angeles County and the Los Angeles County Sheriff's Department. The City is likewise
served by all applicable utilities. Nothing in the proposed amendments would increase the
need for fire or police protection services, or increase demand for utilities.
SECTION 4. ADDITIONAL FINDINGS FOR UDC26-001. Based upon the foregoing
facts and findings for Master Case 26-011, including UDC26-001, the City Council finds as
follows:
A
The amendments are consistent with the adjacent area, ifapplicable;
The proposed amendments would apply to properties throughout the City and are
consistent with the principles of the General Plan as described above. No new
development is included with the proposed amendments.
The amendments are consistent with the principles of the General Plan;
The proposed amendments would not alter the General Plan Land Use Map or Zoning
Map, nor would the proposed amendments change development densities or population
projections for the City. The proposed amendments reflect the requirements of current
state legislation as well as implementation of the City's Housing Element.
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Approval of the amendments will be in the interest ofpublic health, convenience, safety,
and general welfare and in conformity with good zoning practice;
The proposed amendments are necessary to implement the requirements of California
regulations, and would bring the SCMC into compliance with state law. The City would
continue to regulate these uses and development types to the extent permitted under
California law, including, without limitation, issuance of building permits and conduction
of building inspections.
The amendments are consistent with other applicable provisions of this code; and
The proposed text amendments to the SCMC were drafted to be consistent with all other
provisions of the SCMC.
Is necessary to implement the General Plan and/or that the public convenience, the
general welfare or good zoning practice justifies such action.
The proposed amendments are required to implement Program HP-2.1 and to address
current state legislation regarding ADUs and S139. Therefore, the amendments would
promote the general welfare and public convenience and would constitute good zoning
practice.
SECTION 5: DETERMINATION, APPROVALS. The City Council approves Master
Case 26-011, consisting of the proposed SCMC amendments as described above and set forth in
attached Exhibits A and B, which are incorporated by reference.
SECTION 6: RELIANCE ON RECORD. Each and every one of the findings and
determinations in this ordinance are based on the competent and substantial evidence, both oral
and written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the City Council in all
respects and are fully and completely supported by substantial evidence in the record as a
whole.
SECTION 7: SUMMARIES OF INFORMATION. All summaries of information in the
findings, which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
SECTION 8. This ordinance becomes effective 30 days after its passage and adoption.
SECTION 9. The City Clerk will certify to the passage of this ordinance and cause it to
be published as required by law.
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PASSED, APPROVED, AND ADOPTED this th day of , 2026.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. 26- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the th day of 2026. That thereafter, said
ordinance was duly passed and adopted at a regular meeting of the City Council on the th
day of 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 26-
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
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Exhibit A
16.28 Urban Lot Split Subdivision Requirements
This section is repealed.
17.11.020 Definitions.
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P olliRg I Ir ft
P_
1.2-
Caretaker's Residence
P
2-9-
Community Care Facility
C
3.4.
Dwelling
-
a.
Single -Family
P
=
b.
Two (2) Family
P
-
c.
Multifamily
P
4.�
Family Day Care Homes
P
5.4,
Home -Based Cottage Food Operation
AP
6.--7--.
Home Occupation Business
P
7.,
Joint Living/Working Quarters
M
8.4-
Model Homes
T
9.4-9,
Residential Health Care Facility
C
10.E
Residential Service/Care Home
C
4-2-
c rti e u
_C_
17.36 Open Space Zones
17.36.010 Open Space (OS) Zone. Subsection (B)
Residential
Use Types
Acro« r P olliRg R4
P_
1-2,
Caretaker's Residence
P
24.
Dwelling —Single -Family
P
Packet Pg. 26
1.b
Residential
Use Types
34.
Home -Based Cottage Food Operation
AP
4�.
Home Occupation Business
P
54.
Family Day Care Homes —Adult
P
6;.
Family Day Care Homes —Family
P
74.
Residential Service/Care Home
P
$
c 4i e MG.
Trg_it' ;I u
17.36.020 Open Space —Agriculture (OS -A) Zone. Subsection (B)
Residential Use Types
4,
OrrQc; n;Q ' P elliRg R#
P_
1.2-
Caretaker's Residence
P
2.-_3_
Dwelling —Single -Family
P
3.4.
Home -Based Cottage Food Operation
AP
4.�
Home Occupation Business
P
5.4,
Family Day Care Homes —Adult
P
6,7_
Family Day Care —Family
P
7.�9,
Residential Service/Care Home
P
$
c 4i e u
$
u
17.36.030 Open Space —National Forest (OS-NF) Zone. Subsection (B)
Residential
Use Types
OGGeSSGr' P elliRg Init
P_
2.
Caretaker's Residence
P
3.
Dwelling —Single -Family
P
4.
Family Day Care Homes —Adult
P
5.
Family Day Care Homes —Family
P
6.
Residential Service/Care Home
P
4
Packet Pg. 27
1.b
Residential Use Types
c rr o MG.
P_
Tr sir' al WG619iRg P_
17.36.040 Open Space —Bureau of Land Management (OS-BLM) Zone.
Subsection (B)
Residential Use Types
4,
DPPo«<)r' P elliRg Ir,fr
P_
1.2-
Caretaker's Residence
P
2-4-
Dwelling —Single -Family
P
3.4.
Family Day Care Homes —Adult
P
4.�
Family Day Care Homes —Family
P
5. 4,
Residential Service/Care Home
P
�
c rr o WG619iRff
P_
9,
Tr ssir' al W96ISiRg
P_
17.37.020 Public/Institutional (PI) Zone
Residential
Use Types
Acro« r P oiling Rit
P_
2.
Caretaker's Residence
P
3.
Dwelling —Single -Family
P
4.
Family Day Care Homes —Adult
P
5.
Family Day Care —Family
P
6.
Fraternity/Sorority Houses
C
7.
Residential Service/Care Home
P
$
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Tr giti ;I u
17.38.050 MU - Mixed Use Overlay Zone Subsection (E)
5
a
Packet Pg. 28
1.b
Residential Use Types
4GGeSSGr' P elliRg R4
P-
2.
Caretaker's Residence
P
3.
Community Care Facility
C
4.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
5.
Family Day Care Homes
P
6.
Home -Based Cottage Food Operation
AP
7.
Home Occupation Business
P
8.
Joint Living/Working Quarters
M
9.
Model Homes
M
10.
Residential Health Care Facility
C
11.
Residential Service/Care Home
C
4-2-
c rti e u
Ic-
u
17.42.010 Residential Use Types.
Packet Pg. 29
1.b
r accessery structure, ct, , . (r)
the GlWelliRg W r,it
AG her r rr �• (d) Wher
nn_ctreet
ParLi Permite
are ed h It AQ-t
offered to the
GlWelliRg W r,it• Gr (e) where
thorn i< <h�ro ehi�le
,,Ged 0iithiA 1 h.GG14 9-f
the �' GlWelliRg R4
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$
$
$
$
$
$
$
$
$
$
_X
X
X
X
X
21. Caretaker's Residence
Parking
Includes permanent or temporary housing that is secondary or accessory to
the primary nonresidential use on the same property. Caretaker's housing
shall be used exclusively for occupancy by a caretaker for security or
monitoring of the primary use. Caretaker's residences shall comply with the
parking standards for single-family residential uses.
2 fully enclosed spaces;
spaces may be tandem
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
-2. Community Care Facility
Parking
Includes any residential facility which is planned, designed and managed to
include facilities and common areas that maximize the residents' potential for
independent living. The facility may be occupied by elderly or disabled
persons or households as defined in the Health and Safety Code. Direct
services that may be provided include those relating to nutritional, social,
recreational, housekeeping and personal needs of the residents.
0.5 spaces per unit; plus
guest parking at 1 space
per each 8 units
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
C
C
C
X
X
43. Dwelling
Parking
Includes a building or portion of a building with a single room or group of internally connected rooms that
is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating,
sanitation and a kitchen.
a. Single -Family —a detached building designed exclusively for occupancy by a
single family.
2 fully enclosed
spaces
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
b. Two (2) Family —includes a duplex, or other building designed for occupancy by
two (2) families living independently of each other, which may be owned
individually or by a single landlord.
2 fully enclosed
spaces per unit
NU1
I NU2
I NU3
I NU4
I NU5
I UR1
I UR2
I UR3 I
UR4 I
UR5 I
CR I
CC
I CN
I BP
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43. Dwelling
Parking
X
X
X
X
X
X
X
P I
P I
P I
X
X
X
I X
I X
c. Multifamily —includes a building designed and intended for occupancy by three
(1) Studio-1
(3) or more families living independently of each other, each in a separate dwelling
enclosed parking
unit, which may be owned individually or by a single landlord. Includes apartments,
space per unit
townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be
required in accordance with the Building Code.
(2) One bedroom-2
enclosed parking
spaces per unit
(3) Two bedroom-2
enclosed parking
spaces per unit
(4) Guest parking-1
parking space per
each two units (for
complexes with more
than 3 units)
(5) For senior/age
restricted
developments, one
parking space per
each two units, plus
required guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
P
P
P
M','
C'
C'
X
X
'Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total
project units as affordable to lower income households shall be permitted without need for use permit on
any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076,
2861-058-077, 2861-058-079, 2861-058-080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084,
2861-058-085, and 2861-058-071.
'Projects subject to and compliant with all requirements of Government Code Section 65913.4 are
permitted without a conditional use permit or any other nonlegislative discretionary approval.
54. Family Day Care Homes
Parking
Includes a private single-family dwelling where nonmedical care and
2 fully enclosed spaces
protection are provided to individuals for periods less than twenty-four (24)
hours.
a. Adult —up to six (6) adults.
b. Family —up to fourteen (14) children. Family day care homes shall be
licensed by the State and consistent with Section 1597.30 of the Health and
Safety Code.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
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65. Fraternity and Sorority Houses
Parking
Includes buildings containing sleeping rooms, bathrooms, common rooms
0.75 spaces per bed
and a central kitchen and dining room maintained exclusively for
fraternity/sorority members and their guests or visitors and affiliated with an
institution of higher learning.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
X
X
X
X
X
76. Home -Based Cottage Food Operation
Parking
Includes an enterprise which produces and sells cottage food products in the
No additional parking
home kitchen of a primary residential dwelling unit. A cottage food operation
required
shall be considered an accessory use and shall not operate as a food facility or
wholesale food manufacturer. Home -based cottage food operations shall be
in accordance with Section 17.66.025 (Cottage Food Operations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
X
X
97. Home Occupation Businesses
Parking
Includes office businesses which are incidental and accessory to a residential
No additional parking
use and do not include the storage of materials of any kind or product
required
manufacturing of any kind. Home occupation businesses shall be in
accordance with Chapter 17.65 (Home Occupations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
98. Joint Living and Working Quarters (Live/Work Units)
Parking
Includes a dwelling occupying a building designed for commercial or industrial
2 fully enclosed spaces for
occupancy and includes adequate working space reserved for, and regularly
residential use, plus
used by, one or more persons residing therein. Joint living and working
parking for commercial use
quarters shall be in accordance with Section 17.66.080 Qoint Living and
as per the parking
Working Quarters).
requirements contained in
this code
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
M
C
C
C
C
449. Model Homes
Parking
Includes dwellings initially constructed for the purposes of displaying the
3 spaces per model
different housing models offered for sale within a residential development.
Model homes shall be developed in accordance with Section 17.67.030(C)
(temporary uses).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
T
T
T
T
T
T
T
T
T
T
T
T
T
X
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4410. Mobilehome Park
Parking
Includes sites containing spaces with the required improvements and utilities
2 spaces per unit; spaces
that are leased for the long-term placement of mobile or manufactured
may be tandem; plus 1
homes and may include services and facilities for residents.
space per 2 units for guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
C
C
C
C
C
C
C
C
C
C
X
C
X
X
X
1144. Residential Health Care Facility
Parking
Includes residential facilities usually occupied by the elderly that provide
0.5 spaces for each unit
rooms, meals, personal care and health monitoring services under the
and/or bed
supervision of a professional nurse or other professional health care provider
and that may provide other services, such as recreation, social and cultural
activities, financial services and transportation. Typical uses include
convalescent homes.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
M
M
M
C
C
C
C
X
4412. Residential Service/Care Home
Parking
Includes a private single-family residence where twenty-four (24) hour care,
2 fully enclosed spaces
nonmedical services, supervision, treatment or assistance essential for
sustaining the activities of daily living tG six (6) er fewer norms ^S is provided.
Residential service/care home shall be consistent with Section 1500 et seq. of
the Health and Safety Code and any other applicable State law.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
4-413. Rooming House
Parking
Means a dwelling unit (other than a hotel or motel) where three (3) or more
2 fully enclosed stalls;
rooms are rented individually or separately to tenants under separate rental
plus one parking stall for
agreements where tenants do not share common financial responsibility for use
each resident 18 years or
of the dwelling unit as a whole. Rent may be paid in money, goods, labor, or
older
otherwise. Rental agreements may be written or oral. Housing protected by
Federal or State law, including housing for persons protected under the Fair
Housing Act (42 U.S.C. Section 3604(F)) and the California Fair Housing Act
(California Government Code Section 12920 et seq.), or housing otherwise
subject to treatment as a single-family dwelling unit by the provisions of State
law shall not constitute a rooming house.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
P*
P*
P*
X
X
X
X
X
*Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family
detached residential units.
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4- 14. Supportive Commercial Uses Serving the Local Area
Parking
Supportive commercial uses serving the local area, such as grocery stores,
restaurants, personal services, and retail sale of specialty goods, may be
permitted in a proposed development project, new establishment, or
conversion of a residence; provided, that the size, location, design, and use
types are determined to be compatible with the surrounding area. Such
supportive commercial uses in the NU4 and NU5 zones shall be located in
activity areas, must be at least one (1) mile from any commercial land use
designation, and must not exceed five (5) acres in size. A change in use in an
established activity area shall be subject to the required entitlement for such
use in the CN zone. However, a permitted use in the CN zone shall require a
MUP.
Parking as determined by
the Director
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
M
M
M
M
M
M
M
M
M
M
X
X
X
X
X
16 Supportive WO.,goR
Ir,rl IrleS hG) WSiRg With RG IiMits GA l&Agth Gf Stagy that is Iir,Ler tl, l Site G.r Gff_
1 g e fGr each Staff
mber• s 1 space fer
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health rriti rS ar,rl P-AaXiMiZiRg hiS er her abilitytG, li'e ar,r When, r Sihle
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1 space fGr each r SideAt
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ever 1 Q years f a
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pregram
seme redeterrr,ir,ed . r,t ir, time where leRgth Gf Sta Shall he AQ lecS than,
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17.42.020 State -Designated Housing Use Types
A. The following residential use types are defined or governed by state law in all zones.
1. Accessory Dwelling Unit
Accessory Dwelling Units and lunior Accessory Dwelling Units are permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Section 66323.
2. Employee and Agricultural Worker Housing
Employee housingserving erving six or fewer employees and agricultural employee housing consistingof fnot
more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or
11
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household are permitted pursuant to California law, as may be amended from time to time, including,
without limitation, Health and Safety Code Sections 17021.5 and 17021.6.
3. Low -Barrier Navigation Centers
Low Barrier Navigation Centers are reviewed and ministerially permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Sections 65662, et.
sea•
4. Supportive Housing
Supportive Housing is permitted pursuant to California law, as may be amended from time to time,
including without limitation, Government Code Section 65583. Supportive Housing includes housing with
no limits on length of stay that is linked to on -site or off -site services that assist a resident in retaining
housing, improving his/her health conditions and maximizing his or her ability to live and, when possible,
work in the community.
5. Transitional Housing
Transitional Housing is permitted pursuant to California law, as may be amended from time to time,
subject to only those restrictions that apply to other residential dwellings of the same type in the same
zone. Transitional Housing includes buildings configured as a rental housing development but operated
under program requirements. Upon termination of assistance, the unit shall be recirculated as an
assisted unit to another eligible program recipient at some predetermined point in time where length of
stays shall be no less than six (6) months and no more than two (2) years.
17.51.030 Landscaping and Irrigation Standards. Subsection
(C)(6)(a)(vii)
1 17.57.020 Residential Development Standards
H. Modifications of Garages. Conversions of existing required garages into habitable space are
permitted only following the issuance of a certificate of occupancy fora new garage consistent
with the residential parking requirements, except as otherwise provided by California Law,
including, without limitation, Government Code 66323. Modifications are not permitted which
reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car
garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages.
Clear entry must be provided for all garages at a minimum of sixteen (16) feet for two (2) car
garages and eight (8) feet for single car garages. oGGeSSGry GlWelliRg 6 initc l^,-;;*o,1 wirhi..
garage are subject to Secrielp Wall -mounted equipment within the minimum
12
Packet Pg. 35
1.b
required garage space identified above must clear a minimum of three and one-half (3 1/2) feet
above the ground and may not impede vehicle parking.
S. Residential units shall be limited to one (1) electric service meter per residential unit. Art
,ccc
c LQ"4AP
rvrr.
17.57.025 Two -Unit Residential Development
Amended and Restated
Two -Unit Residential Development
A. The purpose of this section is to implement California law mandating approval of not
more than two residential units within a single-family residential zone and urban lot
splits, including, without limitation Government Code Sections 65852.21 and 66411.7.
respectively, as may be amended from time to time. This section controls in the event of
any conflict with other sections of this code. California law controls and supersedes any
conflicting part of this code.
B. Development. The Director must consider proposed developments containing not more
than two residential units within a single-family residential zone ministerially, so long as
the proposed development meets all requirements of applicable law including this code.
1. Standards. All developments proposed under this section must satisfy the objective
development standards required in the underlying zoning designation, unless
otherwise exempt pursuant to California law.
C. Urban lot splits. An application to review and approve a parcel map for an urban lot split
must be ministerially reviewed and approved if the application satisfies all requirements
of California law and this section.
1. All lot splits proposed under this section must satisfy the objective parcel map
standards in Title 16 of this Code, unless otherwise exempt pursuant to California
law.
2. All uses allowed on a lot created by this section are limited to residential uses.
3. An applicant for an urban lot split must prepare and execute an affidavit on a form
approved by the City Attorney before the Building Official issues any final certificate
of occupancy, requiring owner -occupancy of one of the two units as their principal
residence for a minimum of three years from the date of the approval of the urban
lot split, unless otherwise exempt pursuant to California law.
13
Packet Pg. 36
1.b
D. Certificate of occupancy. Before the Building Official issues any final certificate of
occupancy for any two -unit development proposed pursuant to this section, the
property owner must record with the County Recorder a covenant running with the land
stating that all units developed pursuant to this section must be for a term of 30 days or
longer. The covenant required by this Section must be approved as to form by the City
Attorney."
17. 57.040 Accessory Buildings and Structures
Amended and Restated
L. Accessory Dwelling Units. This subsection implements California law governing accessory
dwelling unit ("ADU") and junior accessory dwelling unit ("JADU") mandates, including, without
limitation, Government Code Section 66323, as may be amended from time to time, pursuant
to California law. Should any conflict arise between this subsection and California law, California
law controls with respect to the conflicting portions of this subsection and all other portions of
this subsection will be deemed to be in full effect. An accessory dwelling unit is a residential use
that is consistent with the City's General Plan, residential zone designations, and densitL
1. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of the words and phrases used in this
Chapter. Undefined words and phrases and have the same meaning as set forth in this
Code or in Applicable law.
"Applicable law" means Title 7, Division, 1, Chapter 13 of the California Government
Code, beginning at Government Code section 66310, et. seq., and the SCMC.
"Primary dwelling" means a residential structure on a single parcel with provisions for
living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more
than one residential structure exists on a lot, the "primary dwelling" will either be the
residential structure that was first issued a valid certificate of occupancy, or, when
applicable, the largest residential structure on the lot.
2. Certificate of Occupancy.
a. Except as allowed by Applicable law, the Building Official will not issue a final
certificate of occupancy for an ADU or JADU before the Building Official issues a final
certificate of occupancy is issued for the primary dwelling(s).
3. Limitations.
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1.b
a. ADUs may not be used in violation of this code, and any rental of the ADU must be
for a term of 30 days or longer.
b. IADU may not be sold separately; has size and attribute restrictions required by this
code; and the property owner must occupy either the single-family residence in
which the IADU is permitted, or the newly created IADU, unless exempt pursuant to
Applicable law, including without limitation Government Code Section 66333(b). The
IADU cannot be rented for any period less than 30 days.
4. Application for Address Number. ADUs and IADUs that do not include an internal
connection to the primary dwelling must submit an application for an address number.
A IADU with an internal connection to the primary dwelling will not receive an address
number unless determined necessary for safety purposes by the Building Official.
Address numbers will be determined by the Building Official pursuant to the procedures
outlined in this code. Address numbers must be placed over the entrance to the ADU or
IADU or on some other place where the number can be visible from the street. When
required by the Fire Chief, or designee, address identification must be provided in
additional approved locations to facilitate emergency response.
5. Fees.
a. Except as provided in Applicable law, all ADUs and IADUs are subject to development
impact fees. ADU development impact fees will be charged proportionally related to
the square footage of the Primary dwelling unit in accordance with this code.
b. Except as provided by Applicable law, each ADU and IADU must install a separate
utility connection directly between the ADU and the utility, which is subject to a
connection fee or capacity charge, that is proportionate to the burden of the
proposed ADU on the water or sewer system based on its square footage or
drainage fixture units. AIADU with internal connection to the primary dwelling must
install a separate utility connection if required by the Building Official. The fee or
charge may not exceed the reasonable cost of providing the services.
c. The City may charge reasonable inspection and construction fees for inspections
and for all required permits. The fees will be established by City Council resolution,
as may be amended or superseded from time to time, and be assessed on the
property owner.
17.66.070 Homeless Shelters.
The following standards apply to all homeless shelters:
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1.b
A. Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60)
individuals, permitted by right. Occupancy in excess of sixty (60) individuals may be approved
subject to the issuance of a conditional use permit.
B. Homeless shelters shall provide on -site waiting and intake areas screened from public view
C. The homeless shelter shall provide on -site management with security during operational
hours.
€D. The homeless shelter shall be well lit during operational hours and be in conformance
with Section 17.51.050 (Outdoor Lighting Standards).
-PE. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight
p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m. the
following day.
r�,F. Homeless shelters shall abide by all applicable development standards as set forth in this
code.
#G. A homeless shelter shall not be located within three hundred (300) feet of another
homeless shelter. Homeless shelters that are located outside of the Homeless Shelter Overlay
Zone shall not be located within three hundred (300) feet of as private or public primary or
secondary school, public or private parks and community centers.
16
Packet Pg. 39
1.c
Exhibit B
Proposed SCMC Amendments
16.28 Urban Lot Split Subdivision Requirements
This section is repealed.
17.11.020 Definitions.
"Accessory dwelling unit (ADU)" is defined pursuant to California law as may be amended from
time to time, including without limitation, Government Code Sections 66313(a) and 66323.
'Junior accessory dwelling unit OADU)" is defined pursuant to California law as may be
amended from time to time, including without limitation, Government Code Sections 66313(d)
and 66323.
17.22.090 Accessory Dwelling Unit Permit.
The Class I application ministerial process shall apply to accessory dwelling units and junior
accessory dwelling units (Ord. 21-1 § 6 (Exh. A), 1 /26/21)
17.35 Mixed Use Zones
17.35.010 Mixed Use Corridor (MXC) Zone. Subsection (B)
Residential
Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
Living/Working Quarters
M
FJoint
Model Homes
T
1
Packet Pg. 40
1.c
Residential Use Types
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.35.020 Mixed Use Neighborhood (MXN) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
7.
Joint Living/Working Quarters
M
8.
Model Homes
T
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.35.030 Mixed Use Urban Village (MXUV) Zone. Subsection (B)
Residential
Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
7.
Joint Living/Working Quarters
I M
Packet Pg. 41
1.c
Residential
Use Types
8.
Model Homes
T
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.36 Open Space Zones
17.36.010 Open Space (OS) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Home -Based Cottage Food Operation
AP
4.
Home Occupation Business
P
5.
Family Day Care Homes —Adult
P
6.
Family Day Care Homes —Family
P
7.
1 Residential Service/Care Home
P
17.36.020 Open Space —Agriculture (OS -A) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Home -Based Cottage Food Operation
AP
4.
Home Occupation Business
P
5.
Family Day Care Homes —Adult
P
6.
Family Day Care —Family
P
7.
1 Residential Service/Care Home
P
17.36.030 Open Space —National Forest (OS-NF) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
Packet Pg. 42
1.c
Residential Use Types
3.
Family Day Care Homes —Adult
P
4.
Family Day Care Homes —Family
P
5.
Residential Service/Care Home
P
17.36.040 Open Space —Bureau of Land Management (OS-BLM) Zone.
Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Family Day Care Homes —Adult
P
4.
Family Day Care Homes —Family
P
5.
Residential Service/Care Home
P
17.37.020 Public/Institutional (PI) Zone
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Family Day Care Homes —Adult
P
4.
Family Day Care —Family
P
5.
Fraternity/Sorority Houses
C
6.
Residential Service/Care Home
P
17.38.050 MU - Mixed Use Overlay Zone Subsection (E)
Residential Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4
Packet Pg. 43
1.c
Residential Use Types
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
7.
Joint Living/Working Quarters
M
8.
Model Homes
M
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.42.010 Residential Use Types.
1. Caretaker's Residence
Parking
Includes permanent or temporary housing that is secondary or accessory to
2 fully enclosed spaces;
the primary nonresidential use on the same property. Caretaker's housing
spaces may be tandem
shall be used exclusively for occupancy by a caretaker for security or
monitoring of the primary use. Caretaker's residences shall comply with the
parking standards for single-family residential uses.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
2. Community Care Facility
Parking
Includes any residential facility which is planned, designed and managed to
0.5 spaces per unit; plus
include facilities and common areas that maximize the residents' potential for
guest parking at 1 space
independent living. The facility may be occupied by elderly or disabled
per each 8 units
persons or households as defined in the Health and Safety Code. Direct
services that may be provided include those relating to nutritional, social,
recreational, housekeeping and personal needs of the residents.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
C
C
C
X
X
3. Dwelling IlParking
Includes a building or portion of a building with a single room or group of internally connected rooms that
is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating,
sanitation and a kitchen.
a. Single -Family —a detached building designed exclusively for occupancy by a
2 fully enclosed
single family.
spaces
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
I P
P
P
X
X
X
X
X
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3. Dwelling
Parking
b. Two (2) Family —includes a duplex, or other building designed for occupancy by
2 fully enclosed
two (2) families living independently of each other, which may be owned
spaces per unit
individually or by a single landlord.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
I P
P
P
X
X
X
X
X
c. Multifamily —includes a building designed and intended for occupancy by three
(1) Studio-1
(3) or more families living independently of each other, each in a separate dwelling
enclosed parking
unit, which may be owned individually or by a single landlord. Includes apartments,
space per unit
townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be
required in accordance with the Building Code.
(2) One bedroom-2
enclosed parking
spaces per unit
(3) Two bedroom-2
enclosed parking
spaces per unit
(4) Guest parking-1
parking space per
each two units (for
complexes with more
than 3 units)
(5) For senior/age
restricted
developments, one
parking space per
each two units, plus
required guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
P
P
P
M', Z
CZ
CZ
X
X
'Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total
project units as affordable to lower income households shall be permitted without need for use permit on
any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076,
2861-058-077, 2861-058-079, 2861-058-080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084,
2861-058-085, and 2861-058-071.
2Projects subject to and compliant with all requirements of Government Code Section 65913.4 are
permitted without a conditional use permit or any other nonlegislative discretionary approval.
4. Family Day Care Homes
Parking
Includes a private single-family dwelling where nonmedical care and
2 fully enclosed spaces
protection are provided to individuals for periods less than twenty-four (24)
hours.
a. Adult —up to six (6) adults.
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4. Family Day Care Homes
Parking
b. Family —up to fourteen (14) children. Family day care homes shall be
licensed by the State and consistent with Section 1597.30 of the Health and
Safety Code.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
5. Fraternity and Sorority Houses
Parking
Includes buildings containing sleeping rooms, bathrooms, common rooms
0.75 spaces per bed
and a central kitchen and dining room maintained exclusively for
fraternity/sorority members and their guests or visitors and affiliated with an
institution of higher learning.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
X
X
X
X
X
6. Home -Based Cottage Food Operation
Parking
Includes an enterprise which produces and sells cottage food products in the
No additional parking
home kitchen of a primary residential dwelling unit. A cottage food operation
required
shall be considered an accessory use and shall not operate as a food facility or
wholesale food manufacturer. Home -based cottage food operations shall be
in accordance with Section 17.66.025 (Cottage Food Operations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
X
X
7. Home Occupation Businesses
Parking
Includes office businesses which are incidental and accessory to a residential
No additional parking
use and do not include the storage of materials of any kind or product
required
manufacturing of any kind. Home occupation businesses shall be in
accordance with Chapter 17.65 (Home Occupations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
8. Joint Living and Working Quarters (Live/Work Units)
Parking
Includes a dwelling occupying a building designed for commercial or industrial
2 fully enclosed spaces for
occupancy and includes adequate working space reserved for, and regularly
residential use, plus
used by, one or more persons residing therein. Joint living and working
parking for commercial use
quarters shall be in accordance with Section 17.66.080 Qoint Living and
as per the parking
Working Quarters).
requirements contained in
this code
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
M
C
C
C
C
9. Model Homes
Parking
Includes dwellings initially constructed for the purposes of displaying the
3 spaces per model
different housing models offered for sale within a residential development.
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9. Model Homes
Parking
Model homes shall be developed in accordance with Section 17.67.030(C)
(temporary uses).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
T
T
T
T
T
T
T
T
T
T
T
T
T
X
X
10. Mobilehome Park
Parking
Includes sites containing spaces with the required improvements and utilities
2 spaces per unit; spaces
that are leased for the long-term placement of mobile or manufactured
may be tandem; plus 1
homes and may include services and facilities for residents.
space per 2 units for guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
C
C
C
C
C
C
C
C
C
C
X
C
X
X
X
11. Residential Health Care Facility
Parking
Includes residential facilities usually occupied by the elderly that provide
0.5 spaces for each unit
rooms, meals, personal care and health monitoring services under the
and/or bed
supervision of a professional nurse or other professional health care provider
and that may provide other services, such as recreation, social and cultural
activities, financial services and transportation. Typical uses include
convalescent homes.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
M
M
M
C
C
C
C
X
12. Residential Service/Care Home
Parking
Includes a private single-family residence where twenty-four (24) hour care,
2 fully enclosed spaces
nonmedical services, supervision, treatment or assistance essential for
sustaining the activities of daily living is provided. Residential service/care
home shall be consistent with Section 1500 et seq. of the Health and Safety
Code and any other applicable State law.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
13. Rooming House
Parking
Means a dwelling unit (other than a hotel or motel) where three (3) or more
2 fully enclosed stalls;
rooms are rented individually or separately to tenants under separate rental
plus one parking stall for
agreements where tenants do not share common financial responsibility for use
each resident 18 years or
of the dwelling unit as a whole. Rent may be paid in money, goods, labor, or
older
otherwise. Rental agreements may be written or oral. Housing protected by
Federal or State law, including housing for persons protected under the Fair
Housing Act (42 U.S.C. Section 3604(F)) and the California Fair Housing Act
(California Government Code Section 12920 et seq.), or housing otherwise
subject to treatment as a single-family dwelling unit by the provisions of State
law shall not constitute a rooming house.
NU1
I NU2
I NU3
I NU4
I NU5
I UR1
I UR2
I UR3
I UR4
I UR5
I CR
CC
I CN
I BP
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13. Rooming House
Parking
X
I X
I X
I X
I X
I X
I X
I P*
I P*
P*
I X
X
X
X
I X
*Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family
detached residential units.
14. Supportive Commercial Uses Serving the Local Area
Parking
Supportive commercial uses serving the local area, such as grocery stores,
Parking as determined by
restaurants, personal services, and retail sale of specialty goods, may be
the Director
permitted in a proposed development project, new establishment, or
conversion of a residence; provided, that the size, location, design, and use
types are determined to be compatible with the surrounding area. Such
supportive commercial uses in the NU4 and NU5 zones shall be located in
activity areas, must be at least one (1) mile from any commercial land use
designation, and must not exceed five (5) acres in size. A change in use in an
established activity area shall be subject to the required entitlement for such
use in the CN zone. However, a permitted use in the CN zone shall require a
MUP.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
M
M
M
M
M
M
M
M
M
M
X
X
X
X
X
17.42.020 State -Designated Housing Use Types
A. The following residential use types are defined or governed by state law in all zones.
1. Accessory Dwelling Unit
Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Section 66323.
2. Employee and Agricultural Worker Housing
Employee housing serving six or fewer employees and agricultural employee housing consisting of not
more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or
household are permitted pursuant to California law, as may be amended from time to time, including,
without limitation, Health and Safety Code Sections 17021.5 and 17021.6.
3. Low -Barrier Navigation Centers
Low Barrier Navigation Centers are reviewed and ministerially permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Sections 65662, et.
seq.
4. Supportive Housing
Supportive Housing is permitted pursuant to California law, as may be amended from time to time,
including without limitation, Government Code Section 65583. Supportive Housing includes housing with
no limits on length of stay that is linked to on -site or off -site services that assist a resident in retaining
housing, improving his/her health conditions and maximizing his or her ability to live and, when possible,
work in the community.
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5. Transitional Housing
Transitional Housing is permitted pursuant to California law, as may be amended from time to time,
subject to only those restrictions that apply to other residential dwellings of the same type in the same
zone. Transitional Housing includes buildings configured as a rental housing development but operated
under program requirements. Upon termination of assistance, the unit shall be recirculated as an
assisted unit to another eligible program recipient at some predetermined point in time where length of
stays shall be no less than six (6) months and no more than two (2) years.
17.51.030 Landscaping and Irrigation Standards. Subsection
(C)(6)(a)(vii)
a. Single -Family Development.
i. All new residential development shall have one (1) twenty-four (24) inch box tree
planted in the required front yard, to the satisfaction of the Director. This requirement
may be waived or modified by the Director where it is found to be impractical due to
topographical conditions, where it is not keeping with the neighborhood, or where it
otherwise will not benefit the area.
ii. Landscape parkways shall be installed in all new residential development. These
parkways shall be installed between the curb and sidewalk and shall be five (5) feet in
width. Parkways shall not be separated by sidewalk.
iii. For single-family homes located adjacent to a parkway, either public or private right-
of-way, the homeowner has the responsibility to plant, irrigate and maintain the parkway
in a healthy and thriving condition, unless the parkway is maintained by the homeowners'
association or other entity. The parkway shall be planted with City -approved street trees
and landscaping that is consistent with other parkways within the community the property
is located within. Plant material that contains spines or thorns, poisonous -to -the -touch or
noxious plants, nonliving materials that exceed six (6) inches in height, and gravel or rocks
or wood chips that exceed more than fifty percent (50%) of the parkway area are
prohibited in the parkway.
iv. The landscape plan shall include all areas located within the front yard and all side
yard areas exposed to the street view.
v. The preferred plant palette shall include drought tolerant and low-water use
landscaping. Low-water usage turf or warm season turf is recommended.
vi. Turf shall be limited to a maximum of fifty percent (50%) of the total landscaped area.
Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less
than five (5) feet in width, sidewalk strips, slopes, etc.).
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17.57.020 Residential Development Standards
H. Modifications of Garages. Conversions of existing required garages into habitable space are
permitted only following the issuance of a certificate of occupancy fora new garage consistent
with the residential parking requirements, except as otherwise provided by California Law,
including, without limitation, Government Code 66323. Modifications are not permitted which
reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car
garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages.
Clear entry must be provided for all garages at a minimum of sixteen (16) feet for two (2) car
garages and eight (8) feet for single car garages. Wall -mounted equipment within the minimum
required garage space identified above must clear a minimum of three and one-half (3 1/2) feet
above the ground and may not impede vehicle parking.
S. Residential units shall be limited to one (1) electric service meter per residential unit.
17.57.025 Two -Unit Residential Development
Amended and Restated
Two -Unit Residential Development
A. The purpose of this section is to implement California law mandating approval of not
more than two residential units within a single-family residential zone and urban lot
splits, including, without limitation Government Code Sections 65852.21 and 66411.7,
respectively, as may be amended from time to time. This section controls in the event of
any conflict with other sections of this code. California law controls and supersedes any
conflicting part of this code.
B. Development. The Director must consider proposed developments containing not more
than two residential units within a single-family residential zone ministerially, so long as
the proposed development meets all requirements of applicable law including this code.
Standards. All developments proposed under this section must satisfy the objective
development standards required in the underlying zoning designation, unless
otherwise exempt pursuant to California law.
C. Urban lotsplits. An application to review and approve a parcel map for an urban lot split
must be ministerially reviewed and approved if the application satisfies all requirements
of California law and this section.
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All lot splits proposed under this section must satisfy the objective parcel map
standards in Title 16 of this Code, unless otherwise exempt pursuant to California
law.
2. All uses allowed on a lot created by this section are limited to residential uses
3. An applicant for an urban lot split must prepare and execute an affidavit on a form
approved by the City Attorney before the Building Official issues any final certificate
of occupancy, requiring owner -occupancy of one of the two units as their principal
residence for a minimum of three years from the date of the approval of the urban
lot split, unless otherwise exempt pursuant to California law.
D. Certificate of occupancy. Before the Building Official issues any final certificate of
occupancy for any two -unit development proposed pursuant to this section, the
property owner must record with the County Recorder a covenant running with the land
stating that all units developed pursuant to this section must be for a term of 30 days or
longer. The covenant required by this Section must be approved as to form by the City
Attorney."
17. 57.040 Accessory Buildings and Structures
Amended and Restated
L. Accessory Dwelling Units. This subsection implements California law governing accessory
dwelling unit ("ADU") and junior accessory dwelling unit ('JADU") mandates, including, without
limitation, Government Code Section 66323, as may be amended from time to time, pursuant
to California law. Should any conflict arise between this subsection and California law, California
law controls with respect to the conflicting portions of this subsection and all other portions of
this subsection will be deemed to be in full effect. An accessory dwelling unit is a residential use
that is consistent with the City's General Plan, residential zone designations, and density.
1. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of the words and phrases used in this
Chapter. Undefined words and phrases and have the same meaning as set forth in this
Code or in Applicable law.
"Applicable law" means Title 7, Division, 1, Chapter 13 of the California Government
Code, beginning at Government Code section 66310, et. seq., and the SCMC.
"Primary dwelling" means a residential structure on a single parcel with provisions for
living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more
than one residential structure exists on a lot, the "primary dwelling" will either be the
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residential structure that was first issued a valid certificate of occupancy, or, when
applicable, the largest residential structure on the lot.
2. Certificate of Occupancy.
Except as allowed by Applicable law, the Building Official will not issue a final
certificate of occupancy for an ADU or JADU before the Building Official issues a final
certificate of occupancy is issued for the primary dwelling(s).
3. Limitations.
ADUs may not be used in violation of this code, and any rental of the ADU must be
for a term of 30 days or longer.
b. JADU may not be sold separately; has size and attribute restrictions required by this
code; and the property owner must occupy either the single-family residence in
which the JADU is permitted, or the newly created JADU, unless exempt pursuant to
Applicable law, including without limitation Government Code Section 66333(b). The
JADU cannot be rented for any period less than 30 days.
4. Application for Address Number. ADUs and JADUs that do not include an internal
connection to the primary dwelling must submit an application for an address number.
A JADU with an internal connection to the primary dwelling will not receive an address
number unless determined necessary for safety purposes by the Building Official.
Address numbers will be determined by the Building Official pursuant to the procedures
outlined in this code. Address numbers must be placed over the entrance to the ADU or
JADU or on some other place where the number can be visible from the street. When
required by the Fire Chief, or designee, address identification must be provided in
additional approved locations to facilitate emergency response.
5. Fees.
a. Except as provided in Applicable law, all ADUs and JADUs are subject to development
impact fees. ADU development impact fees will be charged proportionally related to
the square footage of the Primary dwelling unit in accordance with this code.
b. Except as provided by Applicable law, each ADU and JADU must install a separate
utility connection directly between the ADU and the utility, which is subject to a
connection fee or capacity charge, that is proportionate to the burden of the
proposed ADU on the water or sewer system based on its square footage or
drainage fixture units. AJADU with internal connection to the primary dwelling must
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install a separate utility connection if required by the Building Official. The fee or
charge may not exceed the reasonable cost of providing the services.
c. The City may charge reasonable inspection and construction fees for inspections
and for all required permits. The fees will be established by City Council resolution,
as may be amended or superseded from time to time, and be assessed on the
property owner.
17.66.070 Homeless Shelters.
The following standards apply to all homeless shelters:
A. Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60)
individuals, permitted by right. Occupancy in excess of sixty (60) individuals may be approved
subject to the issuance of a conditional use permit.
B. Homeless shelters shall provide on -site waiting and intake areas screened from public view.
C. The homeless shelter shall provide on -site management with security during operational
hours.
D. The homeless shelter shall be well lit during operational hours and be in conformance with
Section 17.51.050 (Outdoor Lighting Standards).
E. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight
p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m. the
following day.
F. Homeless shelters shall abide by all applicable development standards as set forth in this
code.
G. A homeless shelter shall not be located within three hundred (300) feet of another
homeless shelter. Homeless shelters that are located outside of the Homeless Shelter Overlay
Zone shall not be located within three hundred (300) feet of a private or public primary or
secondary school, public or private parks and community centers.
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2023 HCD
Correspondence
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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500 , o 0
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
J
www.hcd.ca.gov , • rn
March 24, 2023
Tom Cole, Director
Community Development Department
City of Santa Clarita
23920 W. Valencia Blvd. Suite 302
Santa Clarita, CA 91355
Dear Tom Cole:
RE: Review of Santa Clarita's Accessory Dwelling Unit (ADU) Ordinance under
State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Santa Clarita's (City) accessory dwelling unit (ADU)
Ordinance No. 21-1 (Ordinance), adopted January 26, 2021, to the California
Department of Housing and Community Development (HCD). HCD has reviewed the
Ordinance and submits these written findings pursuant to Government Code section
65852.2, subdivision (h). HCD finds that the Ordinance does not comply with sections
65852.2 and 65852.22 in the manner noted below. Under that statute, the City has up to
30 days to respond to these findings. Accordingly, the City must provide a written
response to these findings no later than April 21, 2023.
The Ordinance addresses many statutory requirements; however, HCD finds that the
Ordinance does not comply with State ADU Law in the following respects:
17.42.010 — Parking Exemptions — The Ordinance lists the parking
exemptions for ADUs in the Residential Use Types table under "Parking".
However, this list omits one condition as stated in Government Code section
65852.2, subdivision (d)(1)(B): a local agency shall not impose parking
standards for an ADU when "[t]he accessory dwelling unit is located within an
architecturally and historically significant historic district." The City should
amend this section to address the omission.
17.51.030 (C)(6)(a)(vii) — Landscape Standards for ADUs — The Ordinance
states that one (1) twenty-four (24) inch box tree shall be planted in the front
or corner yard setback of a unit if it is located along a street frontage.
However, local development standards provided by the Ordinance pursuant
to Government Code section 65852.2, subdivisions (a) through (d), cannot
preclude ADUs created under Government Code section 65852.2, subdivision
(e). While the City may award voluntary tree planting by providing incentives,
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Tom Cole, Director
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it may not make it a requirement. The City might consider creating or
modifying incentive programs to encourage tree planting. Accordingly, the
City must either remove the tree planting requirement from the Ordinance or
clarify its incentives.
17.57.040 (L)(1)(a) — Locations of ADUs in Zones — The Ordinance states
that ADUs may be permitted only on parcels that are zoned to allow single-
family or multifamily dwelling residential use and that include a proposed or
existing residential unit and provides for zones allowing ADUs. Chapter 17.34
of the City's municipal code defines the Community Commercial (CC) and
Neighborhood Commercial (CN) Zones which allow for multifamily dwellings.
However, the Ordinance did not include these zones in Section 17.42.010
when identifying zones permitting ADUs. Government Code section 65852.2,
subdivision (a), permits ADUs in all areas zoned to allow single-family and
multifamily dwelling use. Hence, ADUs may be allowed in zones, such as
agricultural, commercial, or mixed -use zones wherever residential uses are
allowed. Therefore, the City must revise and include these zones to permit
ADUs and should state in the language that ADUs are permitted in any zone
that allows residential or mixed use.
17.57.040 (L)(1)(b) — ADUs in High Fire Hazard Severity Zone — The
Ordinance states that where a lot or any portion is located in a high fire
hazard severity zone (HFHSZ), an ADU shall be prohibited on the lot unless it
either fronts a highway and vehicles enter directly from the highway, or it has
two means of direct vehicular access to a highway that meets certain
requirements. The requirements listed under this section of the Ordinance
should be removed as they go beyond the scope of State ADU Law. Although
the Ordinance does not cite the statute, the City seems to be relying on
Government Code section 65852.2, subdivision (a)(1)(A), which states that a
local agency may adopt an ordinance that designates areas where ADUs may
be permitted "based on the adequacy of water and sewer services and the
impact of accessory dwelling units on traffic flow and public safety." Any
limitations, by local ordinance, on where ADUs may be permitted must be
based only on these narrow factors and should be accompanied by detailed
findings of fact explaining why ADU limitations are required on the basis of
these factors.
Further, even if the City would provide adequate justification for this restriction
on ADUs under this subdivision, the City may not restrict ADUs that fall under
subdivision (e), as local development standards (such as an area restriction
based on high fire hazard severity designation) provided by the Ordinance
pursuant to Government Code section 65852.2, subdivisions (a) through (d),
cannot preclude ADUs created under Government Code section 65852.2,
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Tom Cole, Director
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subdivision (e). Therefore, the City must ministerially permit units created
pursuant to subdivision (e).
Finally, please note that the fire hazard severity zone maps prepared by
California Department of Forestry and Fire Protection (CAL FIRE)' were not
intended to serve as a development moratorium. Rather, these maps and
corresponding hazard severity zones are intended to be used for planning
purposes and mitigation measures. Specifically, development projects located
in HFHSZs are required to conform with the stricter building standards set
forth in Chapter 7A of the California Building Code.
• 17.57.040 (L)(2)(c) — Setbacks — The Ordinance states that ADUs shall
comply with corner and reverse corner setbacks unless it can be
demonstrated that a four -foot side setback does not create a safety hazard.
However, Government Code section 65852.2, subdivision (a)(1)(D)(vii),
states: "a setback of no more than four feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is not converted from an
existing structure or a new structure constructed in the same location and to
the same dimensions as an existing structure." However, side lot line
setbacks, established in statute, apply to the street sides of a corner lot.
Further, Government Code section 65852.2, subdivision (c)(1)(C), states that
a local agency may not impose "Any requirement for ... front setbacks that
would not permit at least an 800 square foot accessory dwelling unit with four -
foot side and rear yard setbacks to be constructed in compliance with all other
local development standards." Therefore, the City must remove this section or
clarify that the provision applies to front setbacks only.
• 17.57.040 (L)(2)(D) — Height— The Ordinance requires an "Adjustment
Permit" for any ADU in excess of 16 feet in height. This permit is not
described in this Ordinance; it appears to be a non -ministerial process.
Moreover, be advised that height limits increased as of January 1, 2023, with
the passage of Senate Bill 897 (Chapter 664, Statues of 2022), codified in
Government Code section 65852.2, subdivision (c)(2)(D)(ii). As such, lot -wide
height minimum allowances are 18 feet and attached ADUs in most cases
may be up to 25 feet. The City must amend the Ordinance accordingly.
• 17.57.040 (L)(2)(h) — Rear Yard Coverage — The Ordinance states that ADUs
shall count as buildings for the purposes of calculating rear yard coverage.
The City may impose development standards such as the rear yard coverage;
however, Government Code section 65852.2, subdivision (c)(2)(C), states
For more information, please visit Cal FIRE's website: https://osfm.fire.ca.gov/divisions/community-
wildfire-preparedness-and-mitigation/wildland-hazards-building-codes/fire-hazard-severity-zones-
maps/.
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Tom Cole, Director
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that the City must still accommodate for an ADU of up to at least 800 square
feet with four -foot rear and side yard setbacks. If this is the only allowable
space, the City must allow for the ADU to be built in the minimum required
distance area. The Ordinance must be revised to include "where feasible,"
which will give more flexibility in language to accommodate an ADU of at least
800 square feet.
• 17.57.040 (L)(2)(k) — Distance Between Structures — The Ordinance states
that a detached ADU shall be located at least six (6) feet away from the
exterior wall of the primary dwelling unit. In addition, the Ordinance states that
if detached ADUs share a common roof structure (e.g., a breezeway, service
porch, covered patio, etc.), the breezeway or patio shall be at least six feet
wide for safety purposes. The City may impose development standards such
as the distance between structures; however, Government Code section
65852.2, subdivision (c)(2)(C), states that the City must still accommodate for
a detached ADU of up to at least 800 square feet, and with four -foot rear and
side yard setbacks to be built in the minimum required distance area if this is
the only allowable space. The Ordinance must be revised to include "where
feasible," which will give more flexibility in language to accommodate an ADU
of at least 800 square feet.
• 17.57.040 (L)(2)(n)(ii) — Residency Requirements — The Ordinance states that
in accordance with Government Code section 65852.22, owner -occupancy is
always required where a lot includes a Junior ADU (JADU). However,
Government Code section 65852.22, subdivision (a)(2), states that owner -
occupancy in the single-family residence in which the JADU will be permitted
shall not be required if the owner is another government agency, land trust, or
housing organization. The ordinance must be revised to align with
Government Code section 65852.22, subdivision (a)(2).
• 17.57.040 (L)(2)(o) — Open Space Requirement— The Ordinance states that
should construction of an ADU result in the loss of required open space, the
property owner shall provide equivalent replacement open space on site.
However, per Government Code section 65852.2, subdivision (c)(2)(C), the
City must allow for an ADU of up to at least 800 square feet, and with four -
foot rear and side yard setbacks to be built in the minimum required distance
area if this is the only allowable space. Also, local development standards
provided by the Ordinance pursuant to Government Code section 65852.2,
subdivisions (a) through (d), cannot preclude ADUs created under subdivision
(e). The City should clarify this requirement and add the clause, "However, no
local design standard, such as the open space requirement, shall preclude an
accessory dwelling unit of at least 800 square feet with a height limit of 18
feet and four -foot setbacks from being constructed."
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17.57.040 (L)(2)(p) — Oak Trees — The Ordinance states that the Oak Tree
Preservation Ordinance (Section 17.51.040) shall apply to the construction of
ADUs or conversion of structures to ADUs. However, Government Code
Section 65852.2, subdivision (a)(7), states that no other local ordinance,
policy, or regulation shall be the basis for the delay or denial of a building
permit or a use permit under this subdivision. A broad application of the Oak
Tree Preservation ordinance could conflict and limit ADU creation and violate
State ADU Law. Furthermore, Government Code section 65852.2, subdivision
(c)(2)(C), requires that local design standards cannot preclude the creation of
an 800 square foot ADU with four -foot side and rear setbacks. Therefore, the
City must remove this section.
17.57.040 (L)(2)(q) — Significant Ecological Areas — The Ordinance states that
the Significant Ecological Area (SEA) Overlay Zone (Section 17.38.080) shall
apply to ADUs. Section 17.38.080 of the City's municipal code states that the
SEA overlay zone applies to areas identified on the adopted SEA map on file
in the City, and any development including, but not limited to, grading permits,
building permits and land use entitlements, in an area as indicated on the
SEA map is subject to an SEA conformance review by the approving
authority. However, Government Code section 65852.2, subdivision (a)(1)(A),
states "the designation of areas [where ADUs are permitted] may be based
on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety." Any designation of an area
where ADUs are not permitted may not be made on an ad -hoc basis, but
rather must be designated and should be supported by the City's findings.
Lastly, local development standards or location constraints cannot preclude
an ADU built subject to Government Code section 65852.2, subdivision (e).
The City must remove this section or revise its language to only prohibit units
where the adequacy of water and sewer services are insufficient and the
impact of ADUs on traffic flow and public safety can be supported by findings.
17.57.040 (L)(2)(r) — Separate Sale — The Ordinance prohibits separate sale
of an ADU from its primary dwelling. However, Government Code section
65852.26 creates a narrow exception to allow separate conveyance of an
ADU to a qualified buyer if the property was built or developed by a qualified
nonprofit corporation, among other things. The City must revise the
Ordinance to allow for such an exception.
17.57.040 (L)(2)(t) — Exception Clause — The Ordinance creates a section that
exempts an 800 square foot unit with a height limit of 16 feet and four- foot
setbacks. However, this does not conform to the current text of Government
Code section 65852.2, subdivision (c)(2)(D), which permits a height limit on
such units of up to 18, 20 or 25 feet as provided in the subdivision. The
Ordinance must add language which prohibits jurisdictions from applying "any
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Tom Cole, Director
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requirement for a zoning clearance or separate zoning review or any other
minimum or maximum size for an accessory dwelling unit, size based upon a
percentage of the proposed or existing primary dwelling, or limits on lot
coverage, floor area ratio, open space, front setbacks, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800
square foot accessory dwelling unit with four -foot side and rear yard setbacks
to be constructed in compliance with all other local development standards"
(Gov. Code, § 65852.2, subd. (c)(2)(C)).
17.57.040 (L)(3)(a) — Number— The Ordinance allows for one JADU in
combination with an ADU on a lot zoned for single-family residences. However,
Government Code section 65852.2, subdivision (e)(1), states that a local
agency shall ministerially approve an application to create any of the following
ADUs listed from subdivision (e)(1)(A) through (D). As further explained in the
most recent ADU Handbook of July 2022 on page 20, local jurisdictions must
allow these unit types in combination with one another. Therefore, the City must
amend the Ordinance to allow for a JADU, an ADU converted from space within
a proposed or existing primary dwelling or accessory structure and a detached
ADU of at least 800 square feet and four -foot side and rear setbacks.
• 17.57.040 (L)(3)(b)(i) — ADUs On Lots with Multifamily Dwellings — The
Ordinance states that in the event the construction of an ADU results in the
loss of the amenity required by ordinance or condition of approval, the
amenity shall be replaced prior to occupancy of the first ADU. However, the
Ordinance should clarify and define what "amenities" include. Local
development standards like amenity replacement required by the Ordinance
pursuant to Government Code section 65852.2, subdivisions (a) through (d),
cannot preclude ADUs created under Government Code section 65852.2,
subdivision (e). In addition, no other local ordinance, policy, or regulation shall
be the basis for the delay or denial of a building permit or a use permit under
this subdivision (Gov. Code, § 65852.2, subd. (a)(7)). Therefore, this section
of the Ordinance must be removed or revised.
17.57.040 (L)(3)(b)(i) and (L)(3)(b)(ii) — Unit Combination — The Ordinance
states that, for multifamily buildings, "...one of the two following categories of
accessory dwelling units are permitted" and "Attached accessory dwelling
units are not permitted on a lot that includes one or more detached accessory
dwelling units." This appears to prohibit the combination of units build subject
to Government Code section 65852.2, subdivisions (e)(1)(C), which refers to
conversions of existing space within the multifamily dwelling, and (e)(1)(D)
which allows for two detached ADUs. Government Code section 65852.2,
2 HCD ADU Handbook can be found here: https://www.hcd.ca.gov/sites/default/files/2022-
07/ADUHandbookUPdate.Pdf.
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Tom Cole, Director
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subdivision (e)(1), states that a local agency shall ministerially approve an
application to create any of the following ADUs listed from subdivision
(e)(1)(A) through (D). As further explained in the most recent ADU Handbook
of July 2022 on page 20, local jurisdictions must allow these unit types in
combination with one another. Therefore, the City must amend the Ordinance
to allow for a combination of ADUs for multifamily dwellings.
17.57.040 (L)(3)(b)(ii) — Parking Requirements — The Ordinance states that
required parking, open space, or other amenities or site improvements
required by the condition of approval that are demolished to construct these
ADUs shall be replaced on site prior to occupancy of the first ADU. However,
the Ordinance should clarify and define amenities, and shall not require that
off street parking spaces be replaced when a garage, carport, or covered
parking structure is demolished in conjunction with the construction of an
ADU or converted to an ADU (Government Code section 65852.2, subdivision
(a)(1)(D)(xi)). Lastly, local development standards like amenity replacement
required by the Ordinance pursuant to Government Code section 65852.2,
subdivisions (a) through (d), cannot preclude ADUs created under
Government Code section 65852.2, subdivision (e). Therefore, the ADU
ordinance must be revised to remove the replacement requirements,
17.57.040 (L)(5) — Impact Fees — The Ordinance states that impact fees
imposed on ADUs shall be established by City Council resolution. However,
Government Code section 65852.2, subdivision (f)(3)(A), states that any
impact fees charged for an ADU of 750 square feet or more shall be charged
proportionately in relation to the square footage of the primary dwelling unit.
For clarity, the Ordinance must be revised to include the exemption of ADUs
less than 750 square feet from impact fees.
In response to the findings in this letter, and pursuant to Government Code section
65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply
with State ADU Law or adopt the Ordinance without changes. Should the City
choose to adopt the Ordinance without the changes specified by HCD, the City must
include findings in its resolution that explain the reasons the City finds that the
Ordinance complies with State ADU Law despite the findings made by HCD.
Accordingly, the City's response should provide a plan and timeline to bring the
Ordinance into compliance.
Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A),
if the City fails to take either course of action and bring the ordinance into compliance
with State ADU Law, HCD may notify the City and the California Office of the Attorney
General that the City is in violation of State ADU Law.
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HCD appreciates the City's efforts provided in the preparation and adoption of the
Ordinance and welcomes the opportunity to assist the City in fully complying with State
ADU Law. Please feel free to contact Molivann Phlong, of our staff, at
Molivann.Phlonq(a)hcd.ca.gov.
Sincerely,
Shannan West
Housing Accountability Unit Chief
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City of
SANTA GLARITA
23920 Valencia Boulevard • Santa Clarita, California 91355-2196
Phone: (661) 259-2489 • FAX: (661) 259-8125
wurw.santa-clarita. com
April 21, 2023
Shannan West, Housing Accountability Unit Chief
Department of Housing and Community Development
Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Subject: Response to Department of Housing and Community Development Review of
Santa Clarita's Accessory Dwelling Unit Ordinance
Dear Shannan West:
The City of Santa Clarita (City) is in receipt of your letter dated March 24, 2023, detailing the
California Department of Housing and Community Development's (HCD's) review of the City's
Accessory Dwelling Unit (ADU) ordinance, under state ADU law (Government Code Section
65852.2). The City appreciates the feedback provided by HCD and has responded to each of
HCD's comments below.
HCD Comment #1
17.42.010 — Parking Exemptions — The Ordinance lists the parking exemptions for ADUs
in the Residential Use Types table under "Parking". However, this list omits one
condition as stated in Government Code section 65852.2, subdivision (d)(1)(B): a local
agency shall not impose parking standards for an ADU when "[t]he accessory dwelling
unit is located within an architecturally and historically significant historic district." The
City should amend this section to address the omission.
City Response #1
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action. The City notes that this
standard was not previously mentioned in the ordinance because the City of Santa Clarita
does not include any designated architecturally and historically significant districts.
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HCD Comment 42
17.51.030 (C)(6)(a)(vii) — Landscape Standards for ADUs — The Ordinance states that
one (1) twenty-four (24) inch box tree shall be planted in the front or corner yard setback
of a unit if it is located along a street frontage. However, local development standards
provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions
(a) through (d), cannot preclude ADUs created under Government Code section 65852.2,
subdivision (e). While the City may award voluntary tree planting by providing
incentives, it may not make it a requirement. The City might consider creating or
modifying incentive programs to encourage tree planting. Accordingly, the City must
either remove the tree planting requirement from the Ordinance or clarify its incentives.
City Response #2
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #3
17.57.040 (L)(1)(a) — Locations of ADUs in Zones — The Ordinance states that ADUs
may be permitted only on parcels that are zoned to allow single-family or multifamily
dwelling residential use and that include a proposed or existing residential unit and
provides for zones allowing ADUs. Chapter 17.34 of the City's municipal code defines
the Community Commercial (CC) and Neighborhood Commercial (CN) Zones which
allow for multifamily dwellings. However, the Ordinance did not include these zones in
Section 17.42.010 when identifying zones permitting ADUs. Government Code section
65852.2, subdivision (a), permits ADUs in all areas zoned to allow single-family and
multifamily dwelling use. Hence, ADUs may be allowed in zones, such as agricultural,
commercial, or mixed -use zones wherever residential uses are allowed. Therefore, the
City must revise and include these zones to permit ADUs and should state in the
language that ADUs are permitted in any zone that allows residential or mixed use.
City Response #3
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #4
17.57.040 (L)(1)(b) —ADUs in High Fire Hazard Severity Zone — The Ordinance states
that where a lot or any portion is located in a high fire hazard severity zone (HFHSZ), an
ADU shall be prohibited on the lot unless it either fronts a highway and vehicles enter
directly from the highway, or it has two means of direct vehicular access to a highway
that meets certain requirements. The requirements listed under this section of the
Ordinance should be removed as they go beyond the scope of State ADU Law. Although
the Ordinance does not cite the statute, the City seems to be relying on Government Code
section 65852.2, subdivision (a)(1)(A), which states that a local agency may adopt an
ordinance that designates areas where ADUs may be permitted "based on the adequacy of
water and sewer services and the impact of accessory dwelling units on traffic flow and
public safety." Any limitations, by local ordinance, on where ADUs may be permitted
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must be based only on these narrow factors and should be accompanied by detailed
findings of fact explaining -why ADU limitations are required on the basis of these
factors.
Further, even if the City would provide adequate justification for this restriction on ADUs
under this subdivision, the City may not restrict ADUs that fall under subdivision (e), as
local development standards (such as an area restriction based on high fire hazard
severity designation) provided by the Ordinance pursuant to Government Code section
65852.2, subdivisions (a) through (d), cannot preclude ADUs created under Government
Code section 65852.2, subdivision (e). Therefore, the City must ministerially permit units
created pursuant to subdivision (e).
Finally, please note that the fire hazard severity zone maps prepared by California
Department of Forestry and Fire Protection (CAL FIRE)' were not intended to serve as a
development moratorium. Rather, these maps and corresponding hazard severity zones
are intended to be used for planning purposes and mitigation measures. Specifically,
development projects located in HFHSZs are required to conform with the stricter
building standards set forth in Chapter 7A of the California Building Code.
City Response #4
The City understands the state's desire to provide for and accommodate housing
throughout California. In accordance with this goal, the City has allowed for ADUs in
High Fire Hazard Severity Zones (HFHSZs) where sufficient access is provided to allow
for safe evacuation and emergency vehicle access. The City's regulations for the HFHSZ
are not a development moratorium, but instead regulate the location of ADUs based on
the impact of ADUs on traffic flow and public safety.
The City has a long and significant history of wildfire hazards, including but not limited
to incidents requiring immediate and large-scale evacuations. Examples of these incidents
include the 2016 Sand Fire, which burned more than 41,000 acres and prompted the
evacuation of 10,000 homes, and the 2019 Tick Fire, which triggered a mass evacuation
of 50,000 residents. The City remains deeply concerned that the proliferation of ADUs
could, without regulation, potentially double or even triple the number of units, and
thereby the number of residents and cars that require evacuation in an emergency. The
City's roadways are developed to handle the current density of existing neighborhoods,
and densification of these areas may lead to traffic jams and increased risk of injury and
loss of life as residents attempt to evacuate. The risk of property damage will also
increase as emergency crews struggle to gain access to the site of the fire on
overburdened roadways. The impact of additional density in these areas on evacuation
could mean the difference between life and death.
The City respectfully disagrees with HCD's contention that HFHSZ maps prepared by the
California Department of Forestry and Fire Protection (CAL FIRE) may not be used
regarding development. CAL FIRE states that the uses of Fire Hazard Severity Zones are
as follows: "The zones are used for several purposes including to designate areas where
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California's defensible space standards and wildland urban interface building codes are
required. They can be a factor in real estate disclosure, and local governments may
consider them in their general plan."' This indicates that, as your letter states, fire hazard
severity zones are intended to be used for planning purposes, as the City has used them to
plan for ADUs in regard to public safety and traffic flow.
If HCD contends that the City's methodology for regulating ADUs in the HFHSZ is not
sufficient, the City requests that HCD clarify what methodology should be used for
regulating ADUs based on public safety and traffic flow. Furthermore, the City
understands that HCD contends that ADUs falling under subdivision (e) of Government
Code Section 65852.2 cannot be regulated based on fire hazard concerns. The City
requests that HCD clarify whether it is the state's position that ADUs falling under
subdivision (e) of Government Code Section 65852.2 must be permitted, even if they
create a threat to public safety and/or traffic flow impact.
HCD Comment #5
17.57.040 (L)(2)(c) — Setbacks — The Ordinance states that ADUs shall comply with
corner and reverse corner setbacks unless it can be demonstrated that a four -foot side
setback does not create a safety hazard. However, Government Code section 65852.2,
subdivision (a)(1)(D)(vii), states: "a setback of no more than four feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is not converted from an
existing structure or a new structure constructed in the same location and to the same
dimensions as an existing structure." However, side lot line setbacks, established in
statute, apply to the street sides of a corner lot. Further, Government Code section
65852.2, subdivision (c)(1)(C), states that a local agency may not impose "Any
requirement for ... front setbacks that would not permit at least an 800 square foot
accessory dwelling unit with four- foot side and rear yard setbacks to be constructed in
compliance with all other local development standards." Therefore, the City must remove
this section or clarify that the provision applies to front setbacks only.
City Response #5
The corner and reverse corner setbacks identified in the City's Unified Development
Code (UDC) apply to all structures, not only ADUs, that may be constructed in a given
zone, and serve to ensure vehicles and pedestrians have sufficient sight lines while
traveling through neighborhoods. Construction of an ADU that does not meet these
setback requirements may create a hazard whereby a vehicle exiting or entering a
property may collide with another vehicle or pedestrian. As discussed above, this
regulation is in place to prevent impacts on public safety.
The City also notes that the UDC does identify two relief valves for ADU applicants
regarding this standard. First, as noted in HCD's letter, the UDC states that ADUs shall
comply with this setback "Unless it can be demonstrated that a four (4) foot side setback
' CAL FIRE 2023.
hitps•//osfm fire ca gov/media/gkmnIgic/2022-fhsz-faqs-ian-23-2023 pdf#2022 FHSZ Faqs (Jan 23 2023)
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does not create a safety hazard." In addition, the City's ordinance already acknowledges
that: "Notwithstanding the above requirements, this section shall not prohibit the
construction of an accessory dwelling unit of up to eight hundred (800) square feet that is
up to sixteen (16) feet in height with four (4) foot side and rear yard setbacks" (UDC
17.57.040(L)(2)(t)). Through the implementation of these code sections, the City
achieves HCD's goal of allowing for ADUs while ensuring that the City's public safety
concerns are addressed.
HCD Comment #6
17.57.040 (L)(2)(D) —Height — The Ordinance requires an "Adjustment Permit" for any
ADU in excess of 16 feet in height. This permit is not described in this Ordinance; it
appears to be a non -ministerial process. Moreover, be advised that height limits increased
as of January 1, 2023, with the passage of Senate Bill 897 (Chapter 664, Statues of 2022),
codified in Government Code section 65852.2, subdivision (c)(2)(D)(ii). As such, lot -
wide height minimum allowances are 18 feet and attached ADUs in most cases may be
up to 25 feet. The City must amend the Ordinance accordingly.
City Response #6
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
However, the City's ordinance was compliant with the height limits in place when the
ordinance was adopted (January 26, 2021) and submitted to HCD (February 17, 2021). In
addition, the City proactively issued a Director's Policy,2 which updates height limits in
accordance with Senate Bill 897. Since January 1, 2023, the City has permitted ADUs of
increased height in accordance with the new requirements of Senate Bill 897.
The City understands that state ADU laws permit the City to allow ADUs that exceed the
state's minimum ADU requirements. While the Adjustment Permit is discretionary, the
intent of the permit process is to allow for ADUs that exceed the state -mandated height
limits in situations where such increased height is appropriate. The Adjustment Permit
does not apply to any ADUs that meet the height standards most recently established in
Senate Bill 897.
HCD Comment #7
17.57.040 (L)(2)(h) — Rear Yard Coverage — The Ordinance states that ADUs shall count
as buildings for the purposes of calculating rear yard coverage. The City may impose
development standards such as the rear yard coverage; however, Government Code
section 65852.2, subdivision (c)(2)(C), states that the City must still accommodate for an
ADU of up to at least 800 square feet with four -foot rear and side yard setbacks. If this is
the only allowable space, the City must allow for the ADU to be built in the minimum
2 City of Santa Clarita, 2022
hLtps://www. santa-clarita.com/li ome/s Ii owpubl isheddocument/21749/63 807314602913 0000
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required distance area. The Ordinance must be revised to include "where feasible," which
will give more flexibility in language to accommodate an ADU of at least 800 square
feet.
City Response #7
The City understands that Government Code section 65852.2, subdivision (c)(2)(C)
requires the City to permit an ADU of up to at least 800 square feet with four -foot rear
and side yard setbacks. This has already been codified in the City's ordinance:
"Notwithstanding the above requirements, this section shall not prohibit the construction
of an accessory dwelling unit of up to eight hundred (800) square feet that is up to sixteen
(16) feet in height with four (4) foot side and rear yard setbacks." (UDC
17.57.040(L)(2)(t)). Nevertheless, the City will consider HCD's proposed revisions and,
if appropriate, recommend amendments for City Council consideration and possible
action.
HCD Comment #8
17.57.040 (L)(2)(k) — Distance Between Structures — The Ordinance states that a
detached ADU shall be located at least six (6) feet away from the exterior wall of the
primary dwelling unit. In addition, the Ordinance states that if detached ADUs share a
common roof structure (e.g., a breezeway, service porch, covered patio, etc.), the
breezeway or patio shall be at least six feet wide for safety purposes. The City may
impose development standards such as the distance between structures; however,
Government Code section 65852.2, subdivision (c)(2)(C), states that the City must still
accommodate for a detached ADU of up to at least 800 square feet, and with four -foot
rear and side yard setbacks to be built in the minimum required distance area if this is the
only allowable space. The Ordinance must be revised to include "where feasible," which
will give more flexibility in language to accommodate an ADU of at least 800 square
feet.
City Response #8
As described above, the City understands that Government Code section 65852.2,
subdivision (c)(2)(C) requires the City to permit an ADU of up to at least 800 square feet
with four -foot rear and side yard setbacks. As previously discussed, this has already been
codified as follows: "Notwithstanding the above requirements, this section shall not
prohibit the construction of an accessory dwelling unit of up to eight hundred (800)
square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard
setbacks." (UDC 17.57.040(L)(2)(t)). Nevertheless, the City will consider HCD's
proposed revisions and, if appropriate, recommend amendments for City Council
consideration and possible action.
HCD Comment 49
17.57.040 (L)(2)(n)(ii) — Residency Requirements — The Ordinance states that in
accordance with Government Code section 65852.22, owner -occupancy is always
required where a lot includes a Junior ADU (JADU). However, Government Code
section 65852.22, subdivision (a)(2), states that owner- occupancy in the single-family
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residence in which the JADU will be permitted shall not be required if the owner is
another government agency, land trust, or housing organization. The ordinance must be
revised to align with Government Code section 65852.22, subdivision (a)(2).
City Response #9
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #10
17.57.040 (L)(2)(o) — Open Space Requirement — The Ordinance states that should
construction of an ADU result in the loss of required open space, the property owner shall
provide equivalent replacement open space on site. However, per Government Code
section 65852.2, subdivision (c)(2)(C), the City must allow for an ADU of up to at least
800 square feet, and with four- foot rear and side yard setbacks to be built in the
minimum required distance area if this is the only allowable space. Also, local
development standards provided by the Ordinance pursuant to Government Code section
65852.2, subdivisions (a) through (d), cannot preclude ADUs created under subdivision
(e). The City should clarify this requirement and add the clause, "However, no local
design standard, such as the open space requirement, shall preclude an accessory
dwelling unit of at least 800 square feet with a height limit of 18 feet and four -foot
setbacks from being constructed."
City Response #10
As described above, the City understands that Government Code section 65852.2,
subdivision (c)(2)(C) requires the City to permit an ADU of up to at least 800 square feet
with four -foot rear and side yard setbacks. As previously discussed, this has already been
codified as follows: "Notwithstanding the above requirements, this section shall not
prohibit the construction of an accessory dwelling unit of up to eight hundred (800)
square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard
setbacks." (UDC 17.57.040(L)(2)(t)). Nevertheless, the City will consider HCD's
proposed revisions and, if appropriate, recommend amendments for City Council
consideration and possible action.
HCD Comment #11
17.57.040 (L)(2)(p) — Oak Trees — The Ordinance states that the Oak Tree Preservation
Ordinance (Section 17.51.040) shall apply to the construction of ADUs or conversion of
structures to ADUs. However, Government Code Section 65852.2, subdivision (a)(7),
states that no other local ordinance, policy, or regulation shall be the basis for the delay or
denial of a building permit or a use permit under this subdivision. A broad application of
the Oak Tree Preservation ordinance could conflict and limit ADU creation and violate
State ADU Law. Furthermore, Government Code section 65852.2, subdivision (c)(2)(C),
requires that local design standards cannot preclude the creation of an 800 square foot
ADU with four -foot side and rear setbacks. Therefore, the City must remove this section.
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City Response #11
As described above, the City understands that Government Code section 65852.2,
subdivision (c)(2)(C) requires the City to permit an ADU of up to at least 800 square feet
with four -foot rear and side yard setbacks. As previously discussed, this has already been
codified as follows: "Notwithstanding the above requirements, this section shall not
prohibit the construction of an accessory dwelling unit of up to eight hundred (800)
square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard
setbacks." (UDC 17.57.040(L)(2)(t)). However, the City's Oak Tree Preservation
ordinance states that:
"The City lies in the Santa Clarita Valley, the beauty and natural setting of which
is greatly enhanced by the presence of large numbers of majestic oak trees. These
indigenous oak trees are recognized for their significant historical, aesthetic and
environmental value. They are indicator species for the natural communities in
which they exist, supporting a broad spectrum of other native plant and animal
species. As one of the most picturesque trees in the Southern California area, they
lend beauty and charm to the landscape, enhance the value of property, and
preserve the character of the communities in which they exist. Development
within the Santa Clarita Valley has resulted in the removal of a great number of
oak trees. Further uncontrolled and indiscriminate destruction of this diminishing
plant heritage would detrimentally affect the general health, safety and welfare of
the citizens of Santa Clarita. The preservation program outlined in this section
contributes to the welfare and aesthetics of the community and retains the great
historical and environmental value of these trees. It shall be the policy of the City
to require the preservation of all healthy oak trees unless compelling reasons
justify the removal of such trees." (UDC Section 17.51.040(A)(1)).
Please clarify whether HCD's position is that the City's Oak Tree Preservation ordinance
cannot be applied to an accessory dwelling unit.
HCD Comment #12
17.57.040 (L)(2)(q) — Significant Ecological Areas — The Ordinance states that the
Significant Ecological Area (SEA) Overlay Zone (Section 17.38.080) shall apply to
ADUs. Section 17.38.080 of the City's municipal code states that the SEA overlay zone
applies to areas identified on the adopted SEA map on file in the City, and any
development including, but not limited to, grading permits, building permits and land use
entitlements, in an area as indicated on the SEA map is subject to an SEA conformance
review by the approving authority. However, Government Code section 65852.2,
subdivision (a)(1)(A), states "the designation of areas [where ADUs are permitted] may
be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety." Any designation of an area where
ADUs are not permitted may not be made on an ad -hoc basis, but rather must be
designated and should be supported by the City's findings. Lastly, local development
standards or location constraints cannot preclude an ADU built subject to Government
Code section 65852.2, subdivision (e). The City must remove this section or revise its
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language to only prohibit units where the adequacy of water and sewer services are
insufficient and the impact of ADUs on traffic flow and public safety can be supported by
findings.
City Response 912
The City would like to clarify that Significant Ecological Areas (SEAS) are neither
created nor implemented on an ad hoc basis, but rather were adopted and mapped in
coordination with the County of Los Angeles in the City's General Plan. The City's
General Plan Conservation and Open Space Element states that:
"The County first began to inventory biotic resources and identify important areas
of biological diversity in the 1970s. These biologically important areas, such as
the Santa Clara River, have historically been identified in the City's General Plan
and Santa Clarita Valley Area Plan. The primary mechanism used by the County
to conserve biological diversity is a planning overlay called Significant Ecological
Areas (SEA). SEAS are defined as ecologically important land and water systems
that are valuable as plant or animal communities, often important to the
preservation of threatened or endangered species, and conservation of biological
diversity in the County.... Conservation of the Valley's biotic diversity is the main
objective of the SEA Program, and connectivity between important natural
habitats plays an important role in maintaining biotic communities. The
preservation of large biologically diverse areas is also important because new
species may still be found within a few miles of major urban centers, such as the
Xylotrechus hovorei, a beetle recently discovered near the Placerita Nature
Center."3
The City requests that HCD clarify whether it is HCD's position that ADUs must be
permitted, even if their construction causes a negative impact on biological resources,
including but not limited to reduction of important habitat; takings of special -status
vegetation or wildlife, such as the California Gnatcatcher; or degradation of riparian
areas. If this is HCD's position and an ADU is permitted as required by state law on a
property within the SEA, the City will notify the applicant that they may be subject to
prosecution for any violations of federal or state laws regarding special -status species,
sensitive habitat, or other biological resources.
HCD Comment #13
17.57.040 (L)(2)(r) — Separate Sale — The Ordinance prohibits separate sale of an ADU
from its primary dwelling. However, Government Code section 65852.26 creates a
narrow exception to allow separate conveyance of an ADU to a qualified buyer if the
property was built or developed by a qualified nonprofit corporation, among other things.
The City must revise the Ordinance to allow for such an exception.
s City of Santa Clarita, Conservation and Open Space Element, June 2011, page CO-30.
https://www. codepublishing.com/CA/SantaClarita/html/SantaClaritaGP/6%20-
%20Conservation%20and%200pen%2OSpace%20EIement pdf
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City Response #13
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #14
17.57,040 (L)(2)(t) — Exception Clause — The Ordinance creates a section that exempts an
800 square foot unit with a height limit of 16 feet and four- foot setbacks. However, this
does not conform to the current text of Government Code section 65852.2, subdivision
(c)(2)(D), which permits a height limit on such units of up to 18, 20 or 25 feet as
provided in the subdivision. The Ordinance must add language which prohibits
jurisdictions from applying "any requirement for a zoning clearance or separate zoning
review or any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits on lot
coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either
attached or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit with four -foot side and rear yard setbacks to be constructed in compliance
with all other local development standards" (Gov. Code, § 65852.2, subd. (c)(2)(C)).
City Response #14
As described above, the City's ordinance was written in accordance with the existing state
law regarding ADU height in effect at the time of adoption, and the City today
implements the current applicable height standards. The City also feels that the original
text of this section of the ADU ordinance meets the state's intentions while being clear
and readable for both staff and the public.
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action. The City notes that
HCD's recommended language increases the complexity of this code section, and may
increase residents' difficulty in understanding the ADU ordinance.
HCD Comment #15
17.57.040 (L)(3)(a) — Number — The Ordinance allows for one JADU in combination
with an ADU on a lot zoned for single-family residences. However, Government Code
section 65852.2, subdivision (e)(1), states that a local agency shall ministerially approve
an application to create any of the following ADUs listed from subdivision (e)(1)(A)
through (D). As further explained in the most recent ADU Handbook of July 2022 on
page 20, local jurisdictions must allow these unit types in combination with one another.
Therefore, the City must amend the Ordinance to allow for a JADU, an ADU converted
from space within a proposed or existing primary dwelling or accessory structure and a
detached ADU of at least 800 square feet and four -foot side and rear setbacks.
City Response #15
The City disagrees with HCD's contention that up to four units must be permitted on a
property through this interpretation. HCD's ADU Technical Advisory Handbook, issued
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December 29, 2020, and current when the City's ordinance was adopted, clearly stated
that these ADU types need not be combined. In response to the question "Are local
agencies required to comply with subdivision (e)?" on page 15, the December 2020
Handbook reads: "The above four categories are not required to be combined. For
example, local governments are not required to allow (a) and (b) together or (c) and (d)
together. However, local agencies may elect to allow these ADU types together."
(emphasis added).
It appears that HCD has chosen to revise its interpretation of this section of Government
Code 65852.2 since the City's ordinance was adopted. The City contends that the
ordinance as adopted complies with the requirements of state ADU law. The application
of HCD's Technical Advisory Handbook would further impact all issue areas the City
has set out to protect, including but not limited to fire zones, SEAS, oak trees, and other
issues related to public safety and environmental degradation.
HCD Comment #16
17.57.040 (L)(3)(b)(i) — ADUs On Lots with Multifamily Dwellings — The Ordinance
states that in the event the construction of an ADU results in the loss of the amenity
required by ordinance or condition of approval, the amenity shall be replaced prior to
occupancy of the first ADU. However, the Ordinance should clarify and define what
"amenities" include. Local development standards like amenity replacement required by
the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through
(d), cannot preclude ADUs created under Government Code section 65852.2, subdivision
(e). In addition, no other local ordinance, policy, or regulation shall be the basis for the
delay or denial of a building permit or a use permit under this subdivision (Gov. Code, §
65852.2, subd. (a)(7)). Therefore, this section of the Ordinance must be removed or
revised.
City Response 416
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment 417
17.57.040 (L)(3)(b)(i) and (L)(3)(b)(ii) — Unit Combination — The Ordinance states that,
for multifamily buildings, "...one of the two following categories of accessory dwelling
units are permitted" and "Attached accessory dwelling units are not permitted on a lot
that includes one or more detached accessory dwelling units." This appears to prohibit the
combination of units build subject to Government Code section 65852.2, subdivisions
(e)(1)(C), which refers to conversions of existing space within the multifamily dwelling,
and (e)(1)(D) which allows for two detached ADUs. Government Code section65852.2,
subdivision (e)(1), states that a local agency shall ministerially approve an application to
create any of the following ADUs listed from subdivision (e)(1)(A) through (D). As
further explained in the most recent ADU Handbook of July 2022 on page 20, local
jurisdictions must allow these unit types in combination with one another. Therefore, the
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Shannan West, Housing Accountability Unit Chief
April 21, 2023
Page 12
City must amend the Ordinance to allow for a combination of ADUs for multifamily
dwellings.
City Response 917
Refer to Response 415 above.
HCD Comment #18
17.57.040 (L)(3)(b)(ii) — Parking Requirements — The Ordinance states that required
parking, open space, or other amenities or site improvements required by the condition of
approval that are demolished to construct these ADUs shall be replaced on site prior to
occupancy of the first ADU. However, the Ordinance should clarify and define amenities,
and shall not require that off street parking spaces be replaced when a garage, carport, or
covered parking structure is demolished in conjunction with the construction of an ADU
or converted to an ADU (Government Code section 65852.2, subdivision (a)(1)(D)(xi)).
Lastly, local development standards like amenity replacement required by the Ordinance
pursuant to Government Code section 65852.2, subdivisions (a) through (d), cannot
preclude ADUs created under Government Code section 65852.2, subdivision (e).
Therefore, the ADU ordinance must be revised to remove the replacement requirements
City Response #18
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #19
17.57.040 (L)(5) — Impact Fees — The Ordinance states that impact fees imposed on
ADUs shall be established by City Council resolution. However, Government Code
section 65852.2, subdivision (f)(3)(A), states that any impact fees charged for an ADU of
750 square feet or more shall be charged proportionately in relation to the square footage
of the primary dwelling unit. For clarity, the Ordinance must be revised to include the
exemption of ADUs less than 750 square feet from impact fees.
City Response #19
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
This letter is intended to serve as the written response to HCD's findings letter. As identified
above, there are multiple comments on which the City requests clarification from HCD,
including but not limited to the regulation of ADUs in HFHSZs and SEAS. Upon resolution of
the issues discussed above, the City will be able to provide a plan and timeline to HCD for
bringing the ordinance into compliance, by either amending the ordinance to comply with State
ADU Law or adopting the ordinance without changes pursuant to Government Code section
65852.2, subdivision (h)(2)(B).
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Shannan West, Housing Accountability Unit Chief
April 21, 2023
Page 13
The City worked diligently to prepare an ADU ordinance in full compliance with state law and
adopted the ordinance on January 26, 2021. While the ordinance has been in effect for over two
years, the City will continue to work in good faith with HCD to determine the best path forward
for the topics identified above and to comply with state ADU laws, while continuing to regulate
the unique characteristics that impact the development of housing in the City. The City
appreciates HCD's willingness to work with the City in resolving these outstanding issues.
Please feel free to contact Patrick Leclair, Planning Manager, at leclairgsanta-clarita.com and
Andy Olson, Associate Planner, at aolsongsanta-clarita.com.
Sincerely,
ti
Jason Crawford, AICP, Director of Community Development
cc: Joe Montes, City Attorney
Karl Berger, Assistant City Attorney
Patrick Leclair, Planning Manager
Andy Olson, Associate Planner
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2025 HCD
Correspondence
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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT e
651 Bannon Street, Suite 400 ,
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453 J
www.hcd.ca.gov
t9
December 10, 2025
Jason Crawford, Director of Community Development
Planning Department
City of Santa Clarita
23920 Valencia Blvd.,
Santa Clarita, CA 91355
Dear Jason Crawford:
RE: Review of Santa Clarita's Accessory Dwelling Unit (ADU) Ordinance under
State ADU Law (Gov. Code, §§ 66310 - 66342) and S139 Ordinance under State
S139 Law (Gov. Code, §§ 65852.21, 66411.7)
Thank you for submitting the City of Santa Clarita (City) ADU Ordinance (Ordinance)
No. 25-1 and the SB 9 Ordinance No. 22-2, adopted May 27, 2025, to the California
Department of Housing and Community Development (HCD). HCD has reviewed the
Ordinance consistency with State ADU Law and Senate Bill (SB) 9 Law. The
Department submits these written findings pursuant to Government Code section
66326, subdivision (a) and Government Code section 65585, subdivision 0).
HCD finds that the Ordinance fails to comply with State ADU Law and SB 9 in the
manner noted below. Pursuant to state law, the City has up to 30 days to respond to
these findings. Accordingly, the City must provide a written response to these findings
no later than January 9, 2025.
S139 Findings
Section 17.57.025 B. — Single SB9 Development — The Ordinance states, "For
purposes of [SB9 Unit Approvals] a two (2) unit residential development
contains two (2) residential units if the development proposes two (2) new units
or if it proposes to add one (1) new unit to one (1) existing unit."
This suggests that only the second primary dwelling constructed on a lot would
be considered an SB9 unit and thus eligible for review under SB 9. However,
Government Code section 65852.21, subdivision (a) states that, "A proposed
housing development containing no more than two residential units within a
single-family residential zone shall be considered ministerially, if the proposed
housing development meets all of the following requirements...". Therefore, SB 9
is applicable in a scenario where construction results in either one or two primary
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Jason Crawford, Director of Community Development
Page 2
dwelling units on a lot. Both the first and the second primary dwelling unit
constructed on a lot are eligible for SB 9. The Ordinance must be modified to
clarify that both first and second primary dwelling units, or up to two primary
dwelling units, are eligible for SB 9 processes and applicable development
standards.
2. Section 17.57.025 B.1 — 25% Existing Walls — The Ordinance states, "No more
than twenty-five percent (25%) of the existing exterior structural walls shall be
demolished to create the two (2) unit residential development..." This
requirement reflects outdated SB9 Law; with the adoption of SB 450 (Chapter
286, Statutes of 2024) the 25% demolition restriction has been removed. The
City must remove this stipulation from the Ordinance to become consistent with
SB 9.
3. Section 17.57.025 B.1, B.2 and 16.28.050 C - Maximum Size — The Ordinance
restricts duplex units and units on split lots to 800 square feet. However,
Government Code section 65852.21, subdivision (b)(3) states "A local agency
shall not impose objective zoning standards, objective subdivision standards,
and objective design standards that do not apply uniformly to development
within the underlying zone." There does not appear to be a size restriction on
residential development in the underlying zone, and therefore the size restriction
for SB 9 units must be removed.
4. Section 17.57.025 BA. — ADUs and Duplexes — The Ordinance states, "Neither
Accessory Dwelling Units nor junior accessory dwelling units shall be permitted
on a parcel if a two (2) unit development is proposed or has been approved."
However, Government Code section 65852.21, subdivision (b)(3) states, "A
local agency shall not impose objective zoning standards, objective subdivision
standards, and objective design standards that do not apply uniformly to
development within the underlying zone." A restriction on ADUs specific to
duplexes created under SB9 is inconsistent with this section and is a reduction
in the intensity of land use per Government Code section 66300, subdivision
(b)(1)(A). The City must remove this section.
5. Section 17.57.025 DA and 16.28.050 L. — Height— The Ordinance restricts SB
9 units to, "no more than one (1) story and shall not exceed sixteen (16) feet in
height... a second unit shall not be constructed as a second story on top of an
existing unit." However, the underlying height allowance is two stories and 35
feet [per 17.57.020 (C).] Therefore, this section is inconsistent with Government
Code section 65852.21, subdivision (b)(3) and section 66300, subdivision
(b)(1)(A) and must be removed from the Ordinance.
6. Section 17.57.025 D.B. — Owner Occupancy— The Ordinance states, "one (1) of
the dwellings on the lot must be the bona fide principal residence of at least one
(1) legal owner of the lot containing the dwelling, as evidenced at the time of
approval of the two (2) unit residential development... prior to issuance of a
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Jason Crawford, Director of Community Development
Page 3
building permit, the applicant shall provide evidence that... a covenant has been
recorded..." However, Government Code section 65852.21, subdivision (b)(3)
states, "A local agency shall not impose objective zoning standards, objective
subdivision standards, and objective design standards that do not apply
uniformly to development within the underlying zone." Owner occupancy does
not appear to be required in the underlying residential zoning, and therefore, the
City must remove this section.
7. Section 17.57.025 D.17. — Affordability Requirement — The Ordinance states, "At
least one (1) unit in a two (2) unit residential development shall be income
restricted for a period of fifty-five (55) years to provide for lower income
households..." As income restriction does not appear to be required in the
underlying residential zoning, the requirement is inconsistent with Government
Code section 65852.21, subdivision (b)(3) and City must remove this section.
8. Section 17.57.025 H. — Deed Restriction/Covenant— The Ordinance requires
that, "...the property owner shall record a two (2) unit residential development
covenant with the County Recorder's Office..." However, Government Code
section 65852.21, subdivision (b)(3) states, "A local agency shall not impose
objective zoning standards, objective subdivision standards, and objective
design standards that do not apply uniformly to development within the zone a
requirement that would constrain future unit development." Therefore, deed
restrictions and affordability covenants are inconsistent with SB 9 and must be
removed from the Ordinance.
9. Section 17.57.025 E. — Objective Design Standards — The Ordinance states,
"Any construction of a two (2) unit residential development shall comply with the
adopted two (2) unit residential development design standards." This appears
to refer to Section 17.57.020 and thereby applies underlying zoning standards.
However, the underlying zoning standards contain subjective standards (e.g.
Section 17.57.020 F, "shall reflect the character of surrounding homes") which
are inconsistent with the objective standards required by Government Code
section 65852.21, subdivision (b)(1) and 0)(2). The City must amend the
Ordinance to require only objective standards in the consideration of an SB 9
application.
10. Multiple Sections — Underlying Zoning Standard Inquiries — The Ordinance
applies the standards below to SB 9 unit development. However, Government
Code 65852.21 states that, "A local agency shall not impose objective zoning
standards, objective subdivision standards, and objective design standards that
do not apply uniformly to development within the underlying zone." These
standards do not appear to apply to the underlying zone and therefore must be
removed from the Ordinance:
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Jason Crawford, Director of Community Development
Page 4
Section 17.57.025 C.S. — Fire Hazard Restrictions — "Where a lot or any
portion thereof is located in a high fire hazard severity zone, as defined
by the Los Angeles County Fire Department, a two (2) unit residential
development shall be prohibited on the lot unless it either fronts a
highway and vehicles enter directly from the highway (as defined in
Table C-2 of the General Plan Circulation Element), or it has two (2)
means of direct vehicular access to a highway that meet the following
requirements."
ii. Section 17.57.025 D.S. — Outdoor Space — "A minimum of six hundred
fifty (650) square feet of outdoor yard space shall be provided for each
unit in a two (2) unit residential development. Land required for front
yard setbacks, or occupied by buildings, driveways, or parking spaces
may not be counted in satisfying this outdoor space requirement."
iii. Section 17.57.025 D.12. — Sprinklers — "Two (2) unit residential
developments shall be required to provide fire sprinklers."
iv. Section 17.57.025 D.13. — Trash Collection — "Each unit in a two (2) unit
residential development shall be required to provide space for three (3)
ninety (90) gallon trash carts. Trash carts must be stored out of public
view from the street and may not be located within the required front
yard setback."
ADU Findings
Statutory Numbering - The Ordinance contains several references to code
sections that were deleted by SB 477, effective March 25, 2024. These include
Government Code sections 65852.2, 65852.22 and 65852.26. The contents of
these sections were relocated to Government Code, Title 7, Division 1, Chapter
13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance
to refer to the correct Government Code sections.
2. New ADU Legislation — Please note there is recent ADU Legislation that has
passed. The City County should review the changes made to State ADU Law,
as a result of this legislation. Assembly and Senate Bills (AB and SB) recently
passed affecting State ADU Law include:
• SB 9 (Chapter 510 Statutes of 2025)
• SB 543 (Chapter 520, Statutes of 2025)
• AB 130 (Chapter 22, Statutes of 2025)
• AB 462 (Chapter 491, Statutes of 2025)
• AB 1154 (Chapter 507, Statutes of 2025)
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Jason Crawford, Director of Community Development
Page 5
3. Section 17.57.040 L.2.a.iii. — "Legally Built"— The Ordinance requires no
maximum size for converted units created in a "legally built accessory structure".
However, Government Code section 66323, subdivision (c) states, "A local
agency shall not require, as a condition for ministerial approval of a permit
application for the creation of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of nonconforming zoning conditions." Therefore,
units created in structures that the City does not consider "legally built accessory
structures" may not be precluded by a maximum size requirement. The City
must amend the Ordinance to exempt all conversions from size requirements.
4. Section 17.57.040 L.2.c. — Setbacks — The Ordinance states "All other setbacks
shall be subject to the underlying zoning. ADUs shall comply with corner and
reverse corner setbacks unless it can be demonstrated that a four (4) foot
setback does not create a safety hazard." There are two issues with this section
Government Code section 66321, subdivision (b)(3) prohibits "Any requirement
for a zoning clearance or separate zoning review [for] front setbacks... for
either attached or detached dwellings that does not permit at least an 800
square foot accessory dwelling unit with four -foot side and rear yard setbacks to
be constructed in compliance with all other local development standards." The
City must include an exception to front setbacks for units 800 square feet or
smaller.
Additionally, Government Code section 66314, subdivision (a)(7) states, "No
setback shall be required for an existing living area or accessory structure or a
structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion
of an accessory dwelling unit, and a setback of no more than four feet from the
side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure." These
development standards reference only side and rear setbacks; the terms "corner
setback" and "reverse corner setback" do not appear in State ADU Law and
these terms may not be applied as a development standard. The City must
remove these terms from the Ordinance.
5. Section 17.57.040 L.2.f. — Parking Exception — The Ordinance creates parking
exceptions but omits reference to the conditions described in Government Code
section 66332, subdivision (a)(6): "[A local agency shall not impose any parking
standards for an ADU ...] When a permit application for an accessory dwelling
unit is submitted with a permit application to create a new single-family dwelling
or a new multifamily dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in this subdivision."
The City must add this exception to become consistent with State ADU Law.
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Jason Crawford, Director of Community Development
Page 6
6. Section 17.57.040 L.2.f.ii. — JADUs and Replacement Parking — The Municipal
Code states "replacement parking is required for the primary unit where a junior
accessory dwelling unit is constructed in an attached garage." However,
Government Code section 66334 states "A junior accessory dwelling unit
ordinance adopted pursuant to Section 66333 shall not require additional
parking as a condition to grant a permit." Therefore, the City must remove this
parking requirement.
7. Section 17.57.040 L.2.g. — Subjective Language — The Ordinance states
"Architecture of the accessory dwelling unit shall be compatible with that of the
primary dwelling unit..." However, Government Code section 66314, subdivision
(b) requires "objective standards on accessory dwelling units", which are defined
in section 66313, subdivision (i) as "standards that involve no personal or
subjective judgment by a public official and are uniformly verifiable by reference
to an external and uniform benchmark or criterion available and knowable by
both the development applicant or proponent and the public official prior to
submittal." The term "compatible" is subjective, which is inconsistent with State
ADU Law. The City must only include subjective standards in this section.
8. Section 17.57.040 L.2.1. — Sprinklers — The Ordinance states that ADUs "shall
not be required to provide fire sprinklers if fire sprinklers are not required for the
primary residence." Government Code section 66314, subdivision (d)(12)
expands on this to state "The construction of an accessory dwelling unit shall
not trigger a requirement for fire sprinklers to be installed in the existing primary
dwelling." The City must add language to provide for this requirement.
9. Section 17.57.040 L.2.n.i. — Owner Occupancy— The Ordinance states "Any
accessory dwelling unit, for which an application is submitted on January 1, 2025, or
later, shall be required to be on a lot that is owner -occupied." However, the owner
occupancy allowance that would have become permissible on January 1, 2025, was
removed from State ADU Law with the adoption of AB 976 (Chapter 751, Statutes of
2023). Current Government Code section 66315 states "Section 66314 establishes
the maximum standards that a local agency shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in Section 66314, shall
be used or imposed, including an owner -occupant requirement, except that a local
agency may require that the property may be used for rentals of terms 30 days or
longer." Therefore, the City must amend the Ordinance to remove references to
owner occupancy.
10. Section 17.57.040 L.21 — Exempt Unit Height — The Ordinance exempts local
development standards from precluding a unit "up to eight hundred (800)
square feet that is up to sixteen (16) feet in height." However, current
Government Code section 66321, subdivision (b)(3), as referenced above,
does not address height. Therefore, height allowances for attached ADUs must
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Jason Crawford, Director of Community Development
Page 7
be the lesser of 25 feet or the height of the primary dwelling, as stated in
Government Code section 66321, subdivision (b)(4). The City must amend the
Ordinance to provide for the height allowances provided in Government Code
section 66321, subdivision (b)(4).
11. Section 17.57.40 L.3.b.ii. — Unit Mixture — The Ordinance states "Detached
accessory dwelling units are not permitted on a lot that includes one (1) or
more attached accessory dwelling units."
However, Government Code section 66323, subdivision (a), states,
"Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed -use to create any of the following: (1) One accessory dwelling unit and
one junior accessory dwelling unit per lot with a proposed or existing single-
family dwelling ... (A) The accessory dwelling unit or junior accessory dwelling
unit is within the proposed space of a single family dwelling or existing space of
a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne
detached, new construction, accessory dwelling unit that does not exceed four -
foot side and rear yard setbacks." The use of the term "any" followed by a list of
permitted ADU types indicates that any of these ADU types can be combined
on a lot zoned for single family dwellings.
This permits a homeowner to create one converted ADU; one detached, new
construction ADU; and one JADU. Thus, if the local agency approves an ADU
that is created from existing (or proposed) space, and the owner subsequently
applies for a detached ADU (or vice versa) that meets the size and setback
requirements of this section, the local agency cannot deny the application, nor
deny a permit for a JADU under this subdivision. This section also requires the
ministerial approval of detached ADUs in combination with units created in
portions of multifamily primary dwellings that are not used as habitable space.
Additionally, limiting the number of units to one type described in section 66323
would impermissibly constrain an application for a unit subject to section 66323
if a unit subject to section 66314 already exists on the lot. For example, if a new
construction detached unit with a size of 1,000 square feet is approved under
section 66314, this provision in the Ordinance would preclude the subsequent
ministerial approval of a new construction 800 square foot detached unit
subject to section 66323, subdivision (a)(2). Therefore, the City must amend
the Ordinance to allow both for all ADU combinations described in section
66323 and for at least one unit subject to section 66314 to be combined, in any
order, with any unit subject to Government Code section 66323.
12. Section 17.57.040 L.3.c. — Zoning Nonconformity— The Ordinance states,
"Multiple detached dwelling units (e.g., detached condominiums) on a lot shall
be treated as single-family residences for purposes of ADUs and shall be
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Jason Crawford, Director of Community Development
Page 8
permitted one (1) ADU per lot, as described in this subsection (L)(3). Lots with
multiple detached single-family dwellings are not eligible to have JADUs.
"However, multiple single family dwellings on a single lot are considered a
zoning nonconformity for the purposes of State ADU Law. Government Code
section 66322, section (b) states "The local agency shall not deny an
application for a permit to create an accessory dwelling unit due to the
correction of nonconforming zoning conditions, building code violations, or
unpermitted structures that do not present a threat to public health and safety
and are not affected by the construction of the accessory dwelling unit." As
section 66323 describes categories of state -mandated units as being created
with either "single family primary dwellings" or "multifamily primary dwellings", a
lot with multiple single family dwellings would be eligible for one converted
ADU, one new construction detached ADU up to 800 square feet, and one
JADU per lot. The City must amend the Ordinance to remove this restriction.
The City has two options in response to this letter.' The City can either amend the
Ordinance to comply with State ADU Law2 or adopt the Ordinance without changes
and include findings in its resolution adopting the Ordinance that explain the reasons
the City believes that the Ordinance complies with State ADU Law despite HCD's
findings.3 If the City fails to take either course of action and bring the Ordinance into
compliance with State ADU Law, HCD must notify the City and may notify the
California Office of the Attorney General that the City is in violation of State ADU
Law.4
HCD appreciates the City's efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel
free to contact Mike Van Gorder at Mike.VanGorder(a)hcd.ca.gov if you have any questions.
Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
1 Gov. Code, § 66326, subd.
(c)(1).
2 Gov. Code, § 66326, subd.
(b)(2)(A).
3 Gov. Code, § 66326, subd.
(b)(2)(B).
4 Gov. Code, § 66326, subd.
(c)(1).
Packet Pg. 84
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SATA CLARITA
23920 Valencia Boulevard • Santa Clarita, California 91355-2196
Phone: (661) 259-2489 • FAX: (661) 259-8125
wtow. santa-clarita. com
January 7, 2026
Jamie Candelaria, Section Chief, ADU Policy
Housing Policy Development Division
Housing and Community Development
651 Bannon Street, Sacramento, CA 95811
Subject: Review of Santa Clarita's Accessory Dwelling Unit (ADU) Ordinance under State
ADU Law (Gov. Code, §§ 66310 — 66342) and SB9 Ordinance under State SB9 Law
(Gov. Code, §§ 65852.21, 66411.7)
Dear Ms. Candelaria:
The City of Santa Clarita (City) is in receipt of your letter, dated December 10, 2025, regarding the
City's Accessory Dwelling Unit (ADU) and Senate Bill 9 Ordinances (enclosed for reference). This
letter is in response to your request for a written response to your findings.
City staff is currently working to draft updates to the City's Municipal Code to address all of the
Department of Housing and Community Development's (HCD) findings and bring forward an
Ordinance for consideration by the Planning Commission and City Council.
The City does not have a date set for presenting the proposed updates to the Planning Commission
and City Council; however, City staff intends to bring a draft Ordinance for consideration as soon as
feasible, anticipated by July 1, 2026. It is expected that the draft Ordinance will take one to two
months to prepare. This will be followed by a required public hearing before the Planning
Commission and then a public hearing and two readings of the Ordinance before the City Council.
City staff will provide HCD with a progress update once the Ordinance has been scheduled for a
Planning Commission hearing.
Thank you for your assistance in this manner. We look forward to continuing to work with HCD
regarding ADU regulations. If you have any questions regarding this letter, I can be reached at
(661) 255-4969.
Sincerely,
��%U1
Jason Crawford, AICP
Director of Community Development
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Santa Clarita - Housing Element June 2023
Program HP- 1.14: Sites Identified in Multiple Planning Periods:
Government Code § 65583 requires analysis and justification of the sites included in
the sites inventory of the City's Housing Element. The Housing Element may only
count non -vacant sites included in one previous Housing Element inventory and
vacant sites included in two previous Housing Elements if the sites are subject to a
program that allows affordable housing by right. Some sites within this Housing
Element were used in previous cycles, and this program is included to address the
by -right approval requirement. Per Government Code § 65583, the use by -right of
these sites during the planning period is restricted to developments in which at least
20 percent of the units in the development are affordable to lower income
households. This provision is valid on the condition that these sites have sufficient
water, sewer, and other dry utilities available and accessible, or that they are included
in an existing General Plan program or other mandatory program or plan to secure
sufficient water, sewer, dry utilities supply to support housing development.
Prior to the end of 2022, Community Development Department staff will provide a
pop-up "Notice" in Accela for each inventoried parcel subject to these requirements.
The Notice will prompt staff to not require a Conditional Use Permit application for a
residential development project on that site if at least 20% of the units are provided
as affordable. A training session will be held to ensure that all staff are aware of the
by -right allowances for projects providing at least 20% of units as affordable on these
specific sites. The Unified Development Code will be amended concurrent with the
Housing Element to ensure compliance with Government Code § 65583.2(c).
Timeline: Adopt code amendment with Housing Element. Set up Notice in
Accela prior to the end of 2022. Within the first three years of the
planning period, ensure staff receives training.
Ongoing.
Responsibility: Community Development Department
Funding: Departmental Budget
Program HP-2.1: Zoning Code Changes for Consistency with State Law
City staff will bring forward Municipal Code amendments to address recent changes
to state law. Specific Code amendments to ensure compliance include but are not
limited to the following:
• Transitional Housing: Allow transitional and supportive housing in all zone
districts that allow residential uses, subject to only those restrictions that
apply to other residential dwellings of the same type in the same zone. (SB
2, 2007)
• Supportive Housing: Supportive housing, as defined in Government Code
Section 65650, to be a by -right use in all zones where multifamily and
mixed -uses are permitted. (AB 2162)
Packet Pg. 87
Santa Clarita - Housing Element
1.e
June 2023
• Emergency Shelters: Review development standards for emergency shelters,
particularly Standard D, and revise to be objective (SB 2, 2007)
• Low Barrier Navigation Centers: to be a use by -right in zones where
multifamily and mixed -uses are permitted, including the nonresidential zones
where multifamily is permitted. (GC 65660)
• Employee and Agricultural Worker Housing: employee housing for six or
fewer employees is to be treated as a single-family structure and permitted
in the same manner as other dwellings of the same type in the same zone.
Employee housing consisting of not more than 12 units or 36 beds are to be
considered an agricultural use and permitted in the same manner as other
agricultural uses in the same zone (AB 1783)
• ADUs: Update Accessory Dwelling Unit Ordinance pursuant to HCD's ADU
Guidebook, including allowing such units by -right in all residential zones and
reduction of side and rear setbacks as well as to reflect changes in these laws
made by AB 3182, AB 68, and SB 13.
• Group Homes: Allow group homes for seven or more residents as a permitted
use in residential zones. Review current code requirements for all housing
types serving people with disabilities for consistency with fair housing laws
and make amendments as necessary, including ensuring the number of
parking spaces for residential care facilities do not exceed those of other
non -group home uses of the same form in the same zone.
• Design Review: Develop Objective Design and Development Standards for
multi -family and mixed -use projects, and integrate the standard conditions of
approval currently applied through the Development Review process into the
objective design and development standards for development projects with
residential components.
• Parking: Adopt the parking requirements for multifamily affordable housing
from Government Code Section 65915 into the Code to provide clear
standards and expectations for potential developers to use the reduced
parking requirements without the need to make a separate request.
Additionally, undertake a parking study and consult with not less than four
developers with local experience to identify the most appropriate parking
ratio and identify any constraints posed by the City's current parking
requirements for market rate multifamily development, especially as it
relates to 1 bedroom unit and studios. Based upon the outcome of this study,
amend the ordinance to mitigate any identified constraints by July 2025.
Timeline: Review by June 2023; Make necessary amendments to address
transitional housing, supportive housing, emergency shelter
standards, low barrier navigation centers, employee and
agricultural worker housing, ADUs, group homes, and parking
requirements for multifamily affordable housing by the end of 2023
Develop Objective Design and Development Standards by 2024
Undertake parking study and amend ordinance by July 2025
Responsibility: Community Development Department
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1.e
Santa Clarita - Housing Element June 2023
0
Funding: Departmental Budget z
Objective: Facilitate special needs housing, including transitional, supportive, w
senior, group home, and affordable housing, for 700 households by
the end of the planning period. U)
Program HP-2.2: Updates to Administrative Procedures
Prior to the dates specified in each sub -program below, City staff will update the
following administrative procedures and materials:
• SB 35: The City will develop an SB 35 application process, including the pre -
application and the procedure that will be used to provide a streamlined
ministerial approval process to qualified residential and mixed -use
development projects. The written procedures and checklists shall be
developed and made available on the City's website no later than January 1,
2023.
• Development Fees and Transparency Requirements: The City will meet the
new transparency and development fees requirements of AB 602 and SB 319
by 1) posting all required information about development standards and fees
to an easily accessed location on the City's website by January 1, 2023; and
2) ensuring that new development impact fee studies and resulting fees
comply with the new AB 602 requirements for fee studies prior to initiation of
the next fees study in 2024.
• Fee Deferrals: The City will defer fee collection for residential developments
until final building inspection or issuance of the certificate of occupancy,
whichever occurs first, unless the requirements of Government Code
66007(b) have been met.
• Expedited Processing for Affordable Housing Projects: The City will continue to
expedite processing for affordable housing projects, including one -stop
preliminary review, concurrent application review, designation of a primary
contact, and fast -tracking of construction and grading plan review, permitting
and inspection. Promotion of the Expedited Processing program will occur as a
part of Program HP-2.10, the Proactive Outreach Program, to be initiated in
2023 and provided as ongoing throughout the 611 planning cycle.
• Parking handout: The City will create and publish explanatory documents to
delineate between the different parking requirements for different types of
multifamily housing projects and mixed -use projects as updated by AB 2345,
including those providing affordable units and those located close to transit.
• Design Review: The City will review and amend its design review
requirements to remove discretionary findings related to site suitability,
including Finding 4.
Timeline: SB 35 Procedures: July 1, 2023;
Fee Transparency: July 1, 2023;
Packet Pg. 89
NOTICE OF EXEMPTION
1.f
TO:
FROM:
[X] County Clerk City of Santa Clarita
County of Los Angeles Community Development
12400 E. Imperial Hwy., Rm. 2001 23920 Valencia Boulevard, Suite #302
Norwalk, CA 90650 Santa Clarita, CA 91355
[ ] Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
F SANTA Q
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� �5 9ECEM��P
DATE: April 28, 2026
PROJECT NAME: 2026 Accessory Dwelling Unit Ordinance and Housing Law Updates
PROJECT APPLICANT: City of Santa Clarita, Department of Community Development
(Contact: Andy Olson; 661.255.4973)
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The City of Santa Clarita is updating the Santa Clarita Municipal Code
(SCMC), including text amendments to Chapter 16 (Subdivisions) and Chapter 17 (Zoning). The
proposed amendments include amendments to the City's accessory dwelling unit (ADU) ordinance,
amendments to the City's two -unit development (Senate Bill 9) ordinance, and amendments to implement
Housing Element Program HP-2.1.
This is to advise that the [ ] Director of Community Development [ ] Planning Commission [X] City
Council of the City of Santa Clarita has approved the above project on April 28, 2026. Review of the
project by the Department of Community Development found that the project is exempt from the
provisions of the California Environmental Quality Act.
EXEMPT STATUS: A Notice of Exemption was prepared for the proposed project. The project is exempt
from additional environmental review pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000, et
seq.) Section 15061(b)(3), the common sense exemption. The activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA.
Person or agency carrying out the project: City of Santa Clarita, Department of Community Development.
This is to certify that the Notice of Exemption with comments/responses and record of project approval is
available for public review at:
City of Santa Clarita
Community Development Department
23920 Valencia Boulevard, Suite 302
Santa Clarita, California 91355
(661)255-4330
Contact Person/Title: Andy Olson, Associate Planner
Signature:
Packet Pg. 90
CITY OF SANTA CLARITA
PLANNING COMMISSION
REGULAR MEETING
Tuesday, March 17, 2026
6:00 PM
City Council Chambers
23920 Valencia Blvd.
Santa. Clarita, CA 91355
AGENDA
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Division at (661) 255-4330. Notification
48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the members of the Planning Commission
regarding any open session item on this agenda will be made available for public inspection in
the City Clerk's Office located at 23920 Valencia Boulevard, Suite 120, during normal business
hours. These writings or documents will also be available for review at the meeting.
CALL TO ORDER
ROLL CALL
FLAG SALUTE
ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
COMMISSION SECRETARY ANNOUNCEMENT
APPROVAL OF REGULAR MEETING MINUTES — The minutes of the Planning
Commission are submitted for approval.
RECOMMENDED ACTION:
Planning Commission approve the minutes of the January 20, 2026 Regular Meeting.
PUBLIC HEARINGS
2026 ACCESSORY DWELLING UNIT ORDINANCE AND HOUSING LAW
UPDATES - Updates to the Santa Clarita Municipal Code, including amendments
regarding the accessory dwelling unit ordinance, the two -unit development (S139)
ordinance, and Housing Element Policy HP-2.1.
RECOMMENDED ACTION:
Planning Commission:
1. Conduct the public hearing;
2. Determine that the project is exempt from environmental review pursuant to
California Environmental Quality Act (CEQA) under CEQA Guidelines Section
15061(b)(3), the common sense exemption;
3. Adopt Resolution P26-02, recommending the City Council approve Master Case
26-011, consisting of Unified Development Code Amendment 26-001 (UDC26-
001); and
4. Take additional, related action that may be desirable.
PLANNING MANAGER'S REPORT
PLANNING COMMISSIONERS' REPORT
PUBLIC PARTICIPATION
Pursuant to Government Code section 54954.3 members of the public are afforded the
opportunity to address the Commission. This time has been set aside for the public to address the
Commission on items NOT listed on the agenda. The Commission will not act upon these items
at this meeting other than to review and/or provide direction to staff. All speakers must submit a
speaker's card to the Commission Secretary PRIOR to the beginning of this portion of the
meeting, and prepare a presentation not to exceed three minutes (with double the time allotted to
non-English speakers using a translator).
ADJOURNMENT
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CERTIFICATION
On March 12, 2026, I, Patrick Leclair, do hereby certify that I am the duly appointed and
qualified Planning Manager for the City of Santa Clarita and that the foregoing agenda was
posted at City Hall.
Patrick Leclair
Planning Manager
Santa Clarita, California
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Tuesday, January 20, 2026
CITY OF SANTA CLARITA
PLANNING COMMISSION
Regular Meeting
Minutes
6:00 PM
CALL TO ORDER
Chair Eichman called the meeting to order at 6:00 p.m.
City Council Chamber
ROLL CALL
Chair Eichman, Vice -Chair Keith, Commissioner Burkhart, Commissioner Faina, and
Commissioner Verner were all present.
FLAG SALUTE
Commissioner Verner led the flag salute.
COMMISSION SECRETARY ANNOUNCEMENT
Rachel Clark gave the Secretary Announcement.
APPROVAL OF MINUTES
A motion was made by Commissioner Verner and seconded by Commissioner Burkhart to
approve the minutes from the December 2, 2025, regular meeting. Said motion carried by a
voice -vote of 5-0.
PRESENTATIONS
ITEM 1
SANTA CLARITA VALLEY WATER AGENCY PRESENTATION ON THE URBAN
WATER MANAGEMENT PLAN
The Santa Clarita Valley Water Agency presentation on the 2025 Urban Water Management
Plan.
RECOMMENDED ACTION:
Planning Commission receive a presentation from the Santa Clarita Valley Water Agency.
Sarah Fleury, of Santa Clarita Water Agency (SCV Water), presented on the SCV Water Urban
Water Management Plan.
Vice -Chair Keith asked if SCV Water banks reserve water above the demand for dry years. Ms.
Fleury responded.
There were no public speakers on the item. The public comment portion was opened and closed
at 6:20 p.m.
RESULT: ITEM DISCUSSED
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PUBLIC HEARINGS
ITEM 2
OAK TREE ORDINANCE AMENDMENT (MASTER CASE 25-160)
Ordinance designating certain oak tree permits as ministerial for property owners of single-
family dwellings.
RECOMMENDED ACTION:
Planning Commission w
1. Open the public hearing to take testimonial and written evidence;
?
9
2. Based upon substantial evidence in the record, determine that the project is exempt from
a_
0
additional environmental review pursuant to the California Environmental Quality Act
(CEQA) under CEQA Guidelines Section 15061(b)(3), the common-sense exemption;
0
and
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Q
3. Adopt Resolution P26-01 recommending the City Council approve Master Case 25-160
by adopting an ordinance amending the Santa Clarita Municipal Code by adding
§ 17.22.100 and amending § 17.51.040 to designate certain oak tree permits as ministerial.
c
Valerie Ferchaw, Urban Forestry Administrator, presented on the item.
to
Commissioner Burkhart asked to confirm that the process would apply to existing, qualifying
structures, not new proposed structures, and that those new proposed structures would go
through the current review process. Andrew Adams, Special Districts Manager, confirmed.
Vice -Chair Keith asked about avenues for protecting portions of a tree other than removing the
tree in its entirety. Ms. Ferchaw responded.
The public comment portion of the public hearing was opened at 6:35 p.m.
There was one speaker in opposition to the project. There were no written comments provided
The public comment portion of the public hearing was closed at 6:38 p.m.
A motion was made by Commissioner Burkhart and was seconded by Commissioner Verner,
determining that the project is exempt from additional environmental review pursuant to the
California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), the
common-sense exemption; and to adopt Resolution P26-01, recommending the City Council
approve Master Case 25-160 by adopting an ordinance amending the Santa Clarita Municipal
Code by adding § 17.22.100 and amending § 17.51.040 to designate certain oak tree permits as
ministerial. Said motion was carried by a roll -call vote of 5-0.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Burkhart, Commissioner
SECONDER: Pamela Verner, Commissioner
AYES: Eichman, Burkhart, Keith, Verner, Faina
PLANNING MANAGER'S REPORT
Patrick Leclair, Planning Manager, gave a forecast of upcoming Planning Commission meetings.
w
PLANNING COMMISSIONERS' REPORT
Commissioner Burkhart made comments regarding the conditionally approved Top Notch z
Smoke Shop and asked that City staff agendize the potential revocation of their Conditional Use U-
Permit, once the investigation is complete and results are verified. There was a consensus of the 0
Commission.
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W
a
PUBLIC PARTICIPATION a
There were no speakers for Public Participation.
ADJOURNMENT
A motion was made by Commissioner Faina and seconded by Commissioner Burkhart to adjourn
the meeting at 6:41 p.m. Said motion carried by a voice vote of 5-0.
ATTEST:
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION CHAIR
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Agenda Item: 1
CITY OF SANTA CLARITA
41) PLANNING COMMISSION
AGENDA REPORT
PUBLIC HEARINGS
PLANNING MANAGER APPROVAL:
DATE: March 17, 2026
SUBJECT: 2026 ACCESSORY DWELLING UNIT ORDINANCE AND HOUSING
LAW UPDATES
APPLICANT: City of Santa Clarita
LOCATION: Citywide
CASE PLANNER: Andy Olson
RECOMMENDED ACTION
Planning Commission:
1. Conduct the public hearing;
2. Determine that the project is exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), the
common sense exemption;
3. Adopt Resolution P26-02, recommending the City Council approve Master Case 26-011,
consisting of Unified Development Code Amendment 26-001 (UDC26-001); and
4. Take additional, related action that may be desirable.
REQUEST
The City of Santa Clarita (City) proposes to update the Santa Clarita Municipal Code (SCMC),
including text amendments to Chapter 16 (Subdivisions) and Chapter 17 (Zoning) to address
recent changes in California housing legislation. The proposed amendments include three
categories: 1) amendments to the City's accessory dwelling unit (ADU) ordinance, 2)
amendments to the City's two -unit residential development (Senate Bill 9 [SB 9]) ordinance, and
3) amendments to implement Housing Element Program HP-2. 1.
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BACKGROUND
Accessory Dwelling Unit Ordinance
California law regulates both ADUs and junior ADUs (JADUs). Both ADUs and JADUs provide
additional units on properties with proposed or existing single-family and multifamily
development. The City Council adopted the City's current ADU and JADU ordinance ("ADU
ordinance") on January 26, 2021. The City's regulations provided maximum local control over
development standards such as design, setbacks, and parking requirements for ADUs under
California law at that time. The ordinance further included regulations to limit ADUs in high fire
severity zones for purposes of public safety and included protections for oak trees and significant
ecological areas (SEAs).
As required by California law, City staff submitted the ADU ordinance to the California
Department of Housing and Community Development (HCD) for review on February 17, 2021,
within the 60-day deadline set by California law. Feedback was provided to the City by HCD on
March 24, 2023, and the City replied to HCD within 30 days on April 21, 2023. The City did not
receive additional feedback on the ordinance from HCD in 2023 or 2024.
On May 27, 2025, the City Council adopted minor amendments to the ADU ordinance as part of
the 2025 SCMC Update project. These included amendments to address new legislation on
heights, number of detached multifamily ADUs, and parking. City staff submitted the revised
ordinance to HCD for review on June 27, 2025, and HCD provided a review letter to the City on
December 10, 2025. The City replied to HCD within 30 days on January 7, 2026, informing
HCD that, in response to HCD's findings, the City would draft a revised ordinance for the
Planning Commission and City Council's consideration by July 1, 2026.
Since the adoption of the City's ordinance, California legislation governing ADUs and JADUs
has changed. This additional legislation and the HCD review comments issued in December
2025 have prompted these proposed amendments. After correspondence with HCD regarding the
City's regulations, and revisions to California law, the City can no longer enforce the regulations
and development standards for ADUs that were contained in the prior ordinance. Government
Code Section 66323 requires the City to approve state mandated ADUs that meet state standards,
and does not permit the City to enforce any additional regulations on these ADUs, including
regulations regarding fire zones, protected oak trees, or SEAs. Accordingly, City staff prepared
amendments to the SCMC to update the City's regulations consistent with California law and
HCD's correspondence.
Two -Unit Development Ordinance
On September 16, 2021, the Governor signed into law SB9, which went into effect on January 1,
2022. The City's density regulations are preempted by SB9. As a result, the City must
ministerially approve two -unit residential developments on parcels zoned for a single-family
unit, as well as ministerially approve parcel maps for lot splits on parcels zoned for single-family
uses (urban lot splits), subject to qualifying criteria.
On January 25, 2022, the City Council adopted Ordinance 22-2, implementing development
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standards into the SCMC to regulate the two -unit residential developments and urban lot splits
required by SB9. The two -unit development ordinance was not submitted to HCD because
California law did not require it. However, the review letter HCD issued to the City in December
2025, included formal comments on the City's SB9 ordinance in addition to the ADU ordinance,
and therefore, the City must propose revisions to this ordinance as well. The proposed
amendments would address HCD's review letter related to the implementation of SB9 and
ensure these units are permitted in conformance with California law.
Housing Element Program HP-2.1
The City's 6th Cycle Housing Element was originally adopted by the City Council on May 10,
2022. Following adoption, the Housing Element was submitted to HCD on May 11, 2022, for
certification. On July 7, 2022, HCD issued a letter to the City requesting further analysis. City
staff and the City's consultant team coordinated with HCD to prepare necessary revisions, which
were submitted to HCD on December 16, 2022. Additional comments were received from HCD
on February 14, 2023. Staff continued to coordinate with HCD to resolve the requested revisions.
The revised Housing Element was adopted by City Council on June 27, 2023, and certified by
HCD on August 22, 2023. There are a number of programs in the Housing Element aimed at
implementing the goals and policies established in the Housing Element. This includes Program
HP-2.1: Zoning Code Changes for Consistency with state law. As the program name indicates,
the intent of this program is to update the SCMC to incorporate current California law related to
a variety of housing -related uses. This includes compliance with legislation regarding transitional
housing, supportive housing, emergency shelters, low -barrier navigation centers, and employee
and agricultural worker housing, as well as updating the City's ADU ordinance in accordance
with California law. The proposed amendments would ensure these housing types are permitted
in conformance with state requirements.
PROJECT DESCRIPTION
The proposed project would update the SCMC with amendments to the City's ADU ordinance
and SB9 ordinance, as well as zoning updates to implement Program HP-2.1. The proposed
amendments were prepared by City staff in coordination with the City Attorney's Office, and
consist of text amendments only; no changes to the City's zoning map, land use designations, or
development densities are proposed. No construction or development is proposed as part of the
proj ect.
Summary of Proposed Changes
The following amendments are proposed:
• Amendments to SCMC Section 17.57.040(L), implementing California ADU and JADU
laws;
• Repealing SCMC Section 16.28, concerning the City's urban lot -split regulations;
• Amendments to SCMC Section 17.57.025, implementing California law regarding two
residential unit development;
• Addition of SCMC Section 17.42.020, a new code section addressing State -Designated
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Housing Types, and amendments to SCMC Section 17.66.070, the primary code section
regulating homeless shelters. These amendments implement Program HP-2.1; and
• Amendments in various code sections providing cleanup and revisions to ensure
consistency across the SCMC with the above changes.
All proposed SCMC amendment language is detailed in a redline/strikethrough document
included with this staff report as Exhibit A. The same language is provided as it would appear
(without redlines) in the SCMC as Exhibit B.
Accessory Dwelling Unit Ordinance
As described above, the City's existing ADU ordinance was prepared to provide for maximum
local control as permitted by California law at the time of adoption. State law has continued to
evolve regarding ADUs since the City adopted its ordinance in 2021. Today, adoption of a local
ADU ordinance no longer provides the same local control benefits that existed when the
ordinance was originally adopted. The proposed amendments would defer the implementation of
ADUs to California law. State legislation regarding ADUs continues to change on a yearly basis,
and the proposed amendments will keep the City's code compliant and not in conflict with
California law.
The proposed ADU amendments implement a California mandate that requires the City to
approve ADUs that meet the requirements of California law, including Government Code section
66323. Examples of these 66323 ADUs, often referred to as "state mandated" or "state exempt"
ADUs, include:
On a single-family property:
o A conversion ADU within the existing home or accessory structure
o A JADU within the existing home or accessory structure
o A detached ADU, up to 800 square feet, and with four -foot side and rear setbacks
On a multifamily property:
o Conversion ADUs within existing nonlivable space (e.g. attics, garages). This includes at
least one ADU and up to 25 percent of the number of units on -site
o Detached ADUs (up to eight ADUs for an existing multifamily development, not to
exceed the number of units on -site, and up to two ADUs for a proposed multifamily
development)
These state -mandated ADUs must be allowed under California law regardless of: (1) whether the
City implements an ADU ordinance, and (2) any development or design standard adopted by the
City.
These ADUs are largely exempt from local development standards, but as of the writing of this
staff report, the City remains able to impose development impact fees on some ADUs, as
permitted by California law. In addition, the City is required by state law to prohibit short-term
rental of ADU and JADUs. The proposed ordinance implements all of the mandates imposed on
the City by California law and addresses HCD's comments.
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Two -Unit Development Ordinance
The proposed amendments addressing SB9, similarly to the ADU amendments described above,
would align the SCMC standards with California law, including, without limitation, Government
Code Sections 65852.21 and 66411.7. The City must continue to approve two residential units on
a single-family lot ministerially, just as it does today. Under the proposed amendments, the only
standards the City can apply are the objective development standards of the underlying zone
(such as setbacks, height limits, and lot coverage), unless California law provides an exemption.
The proposed amendments would also repeal SCMC Section 16.28, which currently contains the
City's subdivision requirements for urban lot splits. As permitted by California law, urban lot
splits would be required to comply with the objective parcel map standards in Title 16 of the
SCMC, the same standards that apply to a typical Tentative Parcel Map application.
Housing Element Program HP-2.1
Housing Element Program HP-2.1 aims to implement SCMC amendments to ensure that the
City's zoning code remains consistent with California housing law. The program includes
amendments regarding the following:
• Transitional housing
• Supportive housing
• Emergency shelters
• Low barrier navigation centers
• Employee and agricultural worker housing
• ADUs
• Group homes
• Objective design and development standards
• Multifamily parking
As described above, implementation of Program HP-2.1 would be primarily achieved through
proposed amendments to the Residential Use Charts (SCMC Section 17.43) and the Homeless
Shelter Development standards (SCMC Section 17.66.070). This includes the creation of a new
permitted use chart category identified as "State -Designated Housing Use Types". This chart
would reference applicable state legislation for these use categories. These housing types are
regulated by California law, which limits the City's ability to enforce local regulations and
standards.
The proposed amendments also include a minor strikethrough to residential service/care homes
(group homes) to remove the limitation on the number of residents for these uses. Under
California law, the City cannot restrict the number of residents in these facilities; Residential
Service/Care Homes are licensed and regulated by the state and subject to California regulations
on number of residents. The proposed amendments ensure the City permits these uses in
compliance with California law and will remain compliant as state regulations change in the
future.
The proposed amendments to the Homeless Shelter development standards ensure that
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development criteria are objective and are in compliance with state regulations for these uses.
ANALYSTS
Entitlement Summary
A zoning code amendment (UDC26-001) is required to update the SCMC. This entitlement is
subject to the zoning code amendment process listed in SCMC Section 17.28.120(I).
Findings
Section 17.06.130 of the SCMC requires the following general findings to be made for the
proposed amendments:
1. That the proposal is consistent with the General Plan;
The proposed amendments themselves do not include any new development. Adoption of the
proposed amendments will implement California law, including, without limitation, ADU
and SB9 legislation, and will further implement the City's Housing Element.
Specifically, the amendments are consistent with the following Land Use and Planning
objectives and policies:
Objective LU 3.1: Provide for a diversity ofhousing types available to provide safe and
suitable homes for all economic levels, household sizes, age groups
and special needs groups within the community.
Policy LU 3.1.1: On the Land Use Map, designate adequate land for residential use at
various densities to provide a mix ofhousing opportunities for all
segments of the population, including attached, detached, senior, and
mixed -use housing types, which are consistent with community
character and meet the region's housing goals.
Policy LU 3.1.2: Provide a mix ofhousing types within neighborhoods that
accommodate households with varied income levels.
Policy LU 3.1.5: Promote development ofhousing that is affordable to residents,
including households with incomes in the very low, low, and moderate
income classifications, through provision of adequate sites on the
Land Use Map, allowance for density bonuses and other development
incentives.
The proposed amendments are consistent with the objectives and policies listed above. Two -
unit developments and ADUs provide diversity in the local housing stock, increasing the
number of homes available. In addition, the proposed amendments are necessary to comply
with changes to state legislation since the time the City's ADU and SB9 ordinances were
adopted.
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The proposed amendments also would implement several provisions within Housing Element
Program HP-2.1. This includes addressing changes to California law regarding transitional
housing, supportive housing, emergency shelters, low -barrier navigation centers, employee
and agricultural worker housing, ADUs, and group homes.
2. The proposed amendments are allowed within the applicable underlying zone and complies
with all other applicable provisions of this code;
The proposed amendments do not require a consistency finding with the existing code
because the project would amend the SCMC in general. While no consistency finding is
required, the proposed amendments would not change development densities or the City's
zoning map; the proposed amendments implement and memorialize existing state legislation
that applies to development in the City today, bringing the SCMC into consistency with
California law.
3. The proposed amendments will not endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the vicinity and
zone in which the property is located; and,
The proposed amendments are necessary to implement the requirements of California
regulations and would bring the SCMC into compliance with state law.
4. The proposed amendments are physically suitable for the site. The factors related to the
proposal's physical suitability for the site shall include, but are not limited to, the following:
a. The design, location, shape, size, and operating characteristics are suitable for the
proposed use;
b. The highways or streets that provide access to the site are ofsufficient width and are
improved as necessary to carry the kind and quantity of traffic such proposal would
generate;
c. Public protection services (e.g., Fire protection, Sheriprotection, etc.) are readily
available; and
d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal,
storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve
the site.
The proposed amendments do not include the development of any specific site and would
amend the SCMC in general. Development of ADUs, two -unit developments, and other
residential -related uses described in the amendments would be developed in compliance
with California law and would be regulated by the City to the maximum extent feasible.
The City currently receives service from the Los Angeles County Fire Department and
the Los Angeles County Sheriff's Department. The City is likewise served by all
applicable utilities. Nothing in the proposed amendments would increase the need for fire
or police protection services or increase demand for utilities.
Page 7
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O
Section 17.28.120 of the SCMC requires the following additional findings to be made for the
proposed project:
1. Principles and Standards for Amendments. The Council shall approve an amendment other
than a zone change only after all of the following required findings can be substantiated:
a. The amendment is consistent with the adjacent area, ifapplicable;
The proposed amendments would apply to properties throughout the City and are
consistent with the principles of the General Plan as described above. No new
development is included in the proposed amendments.
b. The amendment is consistent with the principles of the General Plan;
The proposed amendments would not alter the General Plan Land Use Map or Zoning
Map, nor would the proposed amendments change development densities or population
projections for the City. The proposed amendments reflect the requirements of current
state legislation as well as implementation of the City's Housing Element.
c. Approval of the amendment will be in the interest ofpublic health, convenience, safety,
and general welfare and inconformity with good zoning practice;
The proposed amendments are necessary to implement the requirements of California
regulations and would bring the SCMC into compliance with state law. The City would
continue to regulate these uses and development types to the extent permitted under
California law, including, without limitation, issuance of building permits and conduction
of building inspections.
d. The amendment is consistent with other applicable provisions of the SCMC; and,
The proposed text amendments to the SCMC were drafted to be consistent with all other
provisions of this code.
e. Is necessary to implement the General Plan and/or that the public convenience, the
general welfare or good zoning practice justifies such action.
The proposed amendments are required to implement Program HP-2.1 and to address
current state legislation regarding ADUs and SB9. Therefore, the amendments would
promote the general welfare and public convenience and would constitute good zoning
practice.
ENVIRONMENTAL
A draft Notice of Exemption was prepared for the proposed project. The project is exempt from
additional environmental review pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000,
Page 8
Packet Pg. 14
O
et seq.) Section 15061(b)(3), the common-sense exemption. The activity is covered by the
general rule that CEQA applies only to projects that have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
NOTICING
All notices required by law were completed, which consisted of a one -eighth page legal
advertisement in The Signal newspaper on February 24, 2026. As of the writing of this
staff report, City staff has received no correspondence from the community.
CONCLUSION
As described above, the proposed amendments are necessary to update the SCMC in accordance
with current California law; to address HCD's review letter regarding ADUs and SB9
developments; and to implement Program HP-2.1 of the City's Housing Element. City Council
action is required to approve amendments to the SCMC. Staff recommends that the Planning
Commission adopt a resolution recommending approval of the proposed amendments to the City
Council.
ATTACHMENTS
Resolution
Exhibit A - Proposed SCMC Amendments - Redlines
Exhibit B - Proposed SCMC Amendments - Clean
2023 and 2025 HCD Review Letters and City Responses
Housing Element Program HP-2.1
Public Notice
Notice of Exemption
Page 9
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1.a
RESOLUTION P26-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA
CLARITA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE MASTER
CASE 26-011, ADOPTING AN ORDINANCE TO AMEND THE SANTA CLARITA
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS, TWO -UNIT
RESIDENTIAL DEVELOPMENT, AND IMPLEMENTATION OF THE CITY OF SANTA
CLARITA' S HOUSING ELEMENT
THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. FINDINGS OF FACT FOR MASTER CASE 26-011. The Planning Commission
makes the following findings of fact:
A. The City of Santa Clarita (City) periodically prepares updates to the Santa Clarita
Municipal Code (SCMC), including the subdivision regulations (Title 16) and zoning
regulations (Title 17);
B. The City Council adopted the City's accessory dwelling unit (ADU) ordinance on
January 26, 2021. The ordinance was submitted to the California Department of Housing
and Community Development (HCD), which provided a review letter in March 2023.
The City responded in April 2023, and HCD's next review letter was provided in
December 2025;
C. The City Council adopted the City's two -unit development (Senate Bill 9 [SB9])
ordinance on January 25, 2022, and HCD provided comments on the ordinance in their
December 2025 review letter;
D. The City Council adopted the 6th Cycle Housing Element on June 27, 2023, and HCD
certified the Housing Element on August 22, 2023. The Housing Element included
Program HP-2.1: Zoning Code Changes for Consistency with state Law;
E. The City seeks to amend the SCMC to implement California law regarding ADUs, two -
unit developments, and the City's adopted Housing Element (Project)
F. The Project was duly noticed in accordance with the public hearing noticing requirements
of the SCMC, and a one -eighth page advertisement was placed in The Signal Newspaper
on February 24, 2026;
G. The City reviewed the Project's environmental impacts pursuant to the California
Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and the
CEQA Guidelines (14 California Code of Regulations §§15000, etseq.; collectively,
"CEQA");
Page 1 of 6
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1.a
H. The Planning Commission held a duly noticed public hearing on the project commencing
on March 17, 2026, at 6:00 p.m., or later, at City Hall, 23920 Valencia Boulevard, Santa
Clarita, California; and
I. At the public hearing, the Planning Commission considered the entire administrative
record, including, without limitation, the staff presentation, staff report, and public
testimony. This Resolution, and its findings, are made based upon the evidence presented
to the Commission at its March 17, 2026, hearing including, without limitation, the staff
report submitted by the Community Development Director.
SECTION 2. ENVIRONMENTAL ASSESSMENT OF MASTER CASE 26-011. Based upon
the foregoing facts and findings, the Planning Commission finds, and recommends the City
Council find, as follows:
A. A Notice of Exemption for this project was prepared in compliance with the CEQA;
B. The project is exempt from CEQA under CEQA Guidelines Section 15061(b)(3), the
common sense exemption. The activity is covered by the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA;
C. The documents and other materials that constitute the record of proceedings upon which
the decision of the Planning Commission is based is the Master Case 26-011 project file,
and this project file is located within the Community Development Department and is in
the custody of the Director of Community Development; and
D. Based upon the findings set forth above, the Planning Commission recommends that the
City Council find that the Notice of Exemption for this project was prepared in
compliance with CEQA.
SECTION 3. GENERAL FINDINGS FOR MASTER CASE 26-011. Based on the foregoing
facts and findings for Master Case 26-011, the Planning Commission determines, and
recommends that the City Council determine, as follows:
A. That the proposal is consistent with the General Plan;
The proposed amendments themselves do not include any new development. Adoption of the
proposed amendments will implement California law, including, without limitation, ADU
and S139 legislation, and will further implement the City's Housing Element.
Specifically, the amendments are consistent with the following Land Use and Planning
objectives and policies:
Objective LU 3.1: Provide for a diversity ofhousing types available to provide safe and
suitable homes for all economic levels, household sizes, age groups
Page 2 of 6
Packet Pg. 17
1.a
and special needs groups within the community.
Policy LU 3.1.1: On the Land Use Map, designate adequate land for residential use at
various densities to provide a mix of housing opportunities for all
segments of the population, including attached, detached, senior, and
mixed -use housing types, which are consistent with community
character and meet the region's housing goals.
Policy LU 3.1.2: Provide a mix ofhousing types within neighborhoods that
accommodate households with varied income levels.
Policy L U 3.1.5: Promote development of housing that is affordable to residents,
including households with incomes in the very low, low, and moderate
income classifications, through provision of adequate sites on the
Land Use Map, allowance for density bonuses and other development
incentives.
The proposed amendments are consistent with the objectives and policies listed above. Two -
unit developments and ADUs provide diversity in the local housing stock, increasing the
number of homes available. In addition, the proposed amendments are necessary to comply
with changes to California legislation since the time the City's ADU and SB9 ordinances
were adopted.
The proposed amendments also would implement several provisions within Housing Element
Program HP-2.1. This includes addressing changes to California law regarding transitional
housing, supportive housing, emergency shelters, low barrier navigation centers, employee
and agricultural worker housing, ADUs, and group homes.
B. The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of the Unified Development Code (UDC);
The proposed amendments do not require a consistency finding with the existing code
because the project would amend the SCMC in general. While no consistency finding is
required, the proposed amendments would not change development densities or the City's
zoning map; the proposed amendments implement and memorialize existing state legislation
that applies to development in the City today, bringing the SCMC into consistency with
California law.
C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the vicinity
and zone in which the property is located; and
The proposed amendments are necessary to implement the requirements of California
regulations, and would bring the SCMC into compliance with state law.
D. The proposal is physically suitable for the site. The factors related to the proposal's
Page 3 of 6
Packet Pg. 18
1.a
physical suitability for the site shall include, but are not limited to, the following:
1. The design, location, shape, size, and operating characteristics are suitable for the
proposed use;
2. The highways or streets that provide access to the site are ofsufcient width and are
improved as necessary to carry the kind and quantity oftraffic such proposal would
generate;
3. Public protection services (e.g. Fire protection, Sheriprotection, etc.) are readily
available; and
4. The provision of utilities (e.g. potable water, schools. Solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc) is
adequate to serve the site.
The proposed amendments do not include development of any specific site, and would
amend the SCMC in general. Development of ADUs, two -unit developments, and other
residential -related uses described in the amendments would be developed in compliance with
California law and would be regulated by the City to maximum extent feasible. The City
currently receives service from the Los Angeles County Fire Department and the Los
Angeles County Sheriff's Department. The City is likewise served by all applicable utilities.
Nothing in the proposed amendments would increase the need for fire or police protection
services, or increase demand for utilities.
SECTION 4. ADDITIONAL FINDINGS FOR UDC26-001. Based upon the foregoing facts and
findings for Master Case 26-011 including UDC26-001, the Planning Commission determines,
and recommends that the City Council determine, as follows:
A. The amendments are consistent with the adjacent area, ifapplicable;
The proposed amendments would apply to properties throughout the City and are consistent
with the principles of the General Plan as described above. No new development is included
with the proposed amendments.
B. The amendments are consistent with the principles of the General Plan;
The proposed amendments would not alter the General Plan Land Use Map or Zoning Map,
nor would the proposed amendments change development densities or population projections
for the City. The proposed amendments reflect the requirements of current state legislation as
well as implementation of the City's Housing Element.
C. Approval of the amendments will be in the interest ofpublic health, convenience, safety,
and general welfare and in conformity with good zoning practice;
The proposed amendments are necessary to implement the requirements of California
Page 4 of 6
Packet Pg. 19
1.a
regulations, and would bring the SCMC into compliance with state law. The City would
continue to regulate these uses and development types to the extent permitted under
California law, including, without limitation, issuance of building permits and conduction of
building inspections.
D. The amendments are consistent with other applicable provisions of this code; and
The proposed text amendments to the SCMC were drafted to be consistent with all other
provisions of this code.
E. Is necessary to implement the General Plan and/or that the public convenience, the
general welfare or good zoning practice justifies such action.
The proposed amendments are required to implement Program HP-2.1 and to address current
state legislation regarding ADUs and S139. Therefore, the amendments would promote the
general welfare and public convenience and would constitute good zoning practice.
SECTION 5: DETERMINATION, APPROVALS. The Planning Commission recommends the
City Council takes the following actions:
Adopt an ordinance finding the project exempt under CEQA Guidelines Section 15061(b)(3),
the common sense exemption, and approving Master Case 26-011, consisting of UDC26-001,
amending various sections of the SCMC implementing California law, including without
limitation, ADUs, two residential unit development, and the City's adopted housing element,
as further described in the attached Exhibits "A" and "B", which are incorporated by
reference.
SECTION 6: RELIANCE ON RECORD. Each and every one of the findings and
determinations in this Resolution are based on the competent and substantial evidence, both oral
and written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the Planning
Commission in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 7: SUMMARIES OF INFORMATION. All summaries of information in the
findings, which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
SECTION 8: NOTICE. The Secretary is directed to provide a copy of this Resolution to the
Planning Commission and any other person requesting a copy.
SECTION 9: EFFECTIVE DATE. This Resolution becomes effective immediately upon
adoption and memorializes the Planning Commission's final decision made on March 17, 2026.
SECTION 9: SEVERABILITY. If any part of this Resolution or its application is deemed
invalid by a court of competent jurisdiction, the Planning Commission intends that such
Page 5 of 6
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1.a
invalidity will not affect the effectiveness of the remaining provisions or applications and, to
this end, the provisions of this Resolution are severable.
SECTION 10: CONSTRUCTION. This Resolution must be broadly construed in order to
achieve the purposes stated in this Resolution. It is the Planning Commission's intent that the
provisions of this Resolution be interpreted or implemented by the City and others in a manner
that facilitates the purposes set forth in this Resolution.
PASSED, APPROVED, AND ADOPTED this 17th day of March, 2026.
CHAIRPERSON
PLANNING COMMISSION
ATTEST:
RACHEL CLARK, SECRETARY
PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
I, Rachel Clark, Planning Commission Secretary of the City of Santa Clarita, do hereby certify
that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa
Clarita at a regular meeting thereof, held on the 171h day of March, 2026, by the following vote
of the Planning Commission:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
PLANNING COMMISSION SECRETARY
Page 6 of 6
Packet Pg. 21
1.b
Exhibit A
16.28 Urban Lot Split Subdivision Requirements
This section is repealed.
17.11.020 Definitions.
WIM
�•• -.
.■
•i• i
I NO ilm 1 !-10. le I -t
17.22.090 Accessory Dwelling Unit Permit.
The Class I application ministerial process shall apply to accessory dwelling units and junior
accessory dwelling units- AGGeSSGrY dWelliRg 6 initc shall be permitted s bject to tho
reg6lireMeRt-S 4-7
6 RGI 61diRg Caifnrn G-VP.M PqTP-.PtC--Q-rlo Sectinnc 695and 695 21-1 § 6 (Exh. A),
1 /26/21)
17.35 Mixed Use Zones
17.35.010 Mixed Use Corridor (MXC) Zone. Subsection (B)
Packet Pg. 22
1.b
Residential
Use Types
4C-rocc ry [D elliRE f Infr
P_
2-1.
Caretaker's Residence
P
42.
Community Care Facility
C
43.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
,4.
Family Day Care Homes
P
45.
Home -Based Cottage Food Operation
AP
7-6.
Home Occupation Business
P
-9.
Joint Living/Working Quarters
M
98.
Model Homes
T
94-9.
Residential Health Care Facility
C
104,
Residential Service/Care Home
C
4-2-
S6ippertive PG619iRS
C_
Tr s;fti ;I u
17.35.020 Mixed Use Neighborhood (MXN) Zone. Subsection (B)
Residential Use Types
Ilse el''Rg f Infr
P_
1.4
Caretaker's Residence
P
2-1-,
Community Care Facility
C
3.4.
Dwelling
_
a.
Single -Family
P
_
b.
Two (2) Family
P
_
c.
Multifamily
P
4.
Family Day Care Homes
P
5.ra-.
Home -Based Cottage Food Operation
AP
6.7_
Home Occupation Business
P
7A-.
Joint Living/Working Quarters
M
8.9-
Model Homes
T
9.4-9,
Residential Health Care Facility
C
Packet Pg. 23
1.b
Residential Use Types
10.E
Residential Service/Care Home
C
4-2-
Suppertive WG619iRg
C_
17.35.030 Mixed Use Urban Village (MXUV) Zone. Subsection (B)
Residential Use Types
I) elliRg I Ait
P_
1.4
Caretaker's Residence
P
2-1-,
Community Care Facility
C
3.4.
Dwelling
_
a.
Single -Family
P
_
b.
Two (2) Family
P
_
c.
Multifamily
P
4.--5--.
Family Day Care Homes
P
5.4�-.
Home -Based Cottage Food Operation
AP
6,7_
Home Occupation Business
P
7A-.
Joint Living/Working Quarters
M
8AL,
Model Homes
T
9.4-9,
Residential Health Care Facility
C
10.E
Residential Service/Care Home
C
17.36 Open Space Zones
17.36.010 Open Space (OS) Zone. Subsection (B)
Residential
Use Types
4GGeSgGrI) elliRg I Inft
P_
1-21.
Caretaker's Residence
P
24.
Dwelling —Single -Family
P
Packet Pg. 24
1.b
Residential
Use Types
34.
Home -Based Cottage Food Operation
AP
4-_�;.
Home Occupation Business
P
54.
Family Day Care Homes —Adult
P
64.
Family Day Care Homes —Family
P
7-9.
Residential Service/Care Home
P
$
c rr o u
Tr _q.WQ_ ;I PG619iRg
P-
17.36.020 Open Space —Agriculture (OS -A) Zone. Subsection (B)
Residential Use Types
Orr Pc;gg Y ID elliRg f Infr
P_
1.4
Caretaker's Residence
P
2.�
Dwelling —Single -Family
P
3.4.
Home -Based Cottage Food Operation
AP
4.
Home Occupation Business
P
5.4�-.
Family Day Care Homes —Adult
P
6,7_
Family Day Care —Family
P
7A-.
Residential Service/Care Home
P
$
c Grti e ur
$
Tr S;fti ;I PG619iRg
P-
17.36.030 Open Space —National Forest (OS-NF) Zone. Subsection (B)
Residential
Use Types
4EC:e9g Gr i ID elliRg f Infr
P_
2.
Caretaker's Residence
P
3.
Dwelling —Single -Family
P
4.
Family Day Care Homes —Adult
P
5.
Family Day Care Homes —Family
P
6.
Residential Service/Care Home
P
4
Packet Pg. 25
1.b
Residential Use Types
c rr' o PG--
-,- P_
ur, P_
17.36.040 Open Space —Bureau of Land Management (OS-BLM) Zone.
Subsection (B)
Residential Use Types
Orr Q5;5;Q i I) elliRg f Infr
P_
1.4
Caretaker's Residence
P
2-1-,
Dwelling —Single -Family
P
3.4.
Family Day Care Homes —Adult
P
4.
Family Day Care Homes —Family
P
5.4�-.
Residential Service/Care Home
P
-
c rr' o u 96ISiRff
P_
mg,Tr
�fr' �I P9619iRg
P_
17.37.020 Public/Institutional (PI) Zone
Residential
Use Types
4GGeSSGr i ID el''Rg f Infr
P_
2.
Caretaker's Residence
P
3.
Dwelling —Single -Family
P
4.
Family Day Care Homes —Adult
P
5.
Family Day Care —Family
P
6.
Fraternity/Sorority Houses
C
7.
Residential Service/Care Home
P
$
c G rr', e u
Tr _qfr'r ;I PG619iRg
P_
17.38.050 MU - Mixed Use Overlay Zone Subsection (E)
5
Packet Pg. 26
1.b
Residential Use Types
4EC:e9g Gr i ID elliRg I Ir,ft
P-
2.
Caretaker's Residence
P
3.
Community Care Facility
C
4.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
5.
Family Day Care Homes
P
6.
Home -Based Cottage Food Operation
AP
7.
Home Occupation Business
P
8.
Joint Living/Working Quarters
M
9.
Model Homes
M
10.
Residential Health Care Facility
C
11.
Residential Service/Care Home
C
u
17.42.010 Residential Use Types.
Packet Pg. 27
1.b
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the GlWelIiRg 61 Rit
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GR Street . arlkiRg r PR49
are ed h It A4
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Nil 11
Nil 12
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2-1. Caretaker's Residence
Parking
Includes permanent or temporary housing that is secondary or accessory to
the primary nonresidential use on the same property. Caretaker's housing
shall be used exclusively for occupancy by a caretaker for security or
monitoring of the primary use. Caretaker's residences shall comply with the
parking standards for single-family residential uses.
2 fully enclosed spaces;
spaces may be tandem
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
-2. Community Care Facility
Parking
Includes any residential facility which is planned, designed and managed to
include facilities and common areas that maximize the residents' potential for
independent living. The facility may be occupied by elderly or disabled
persons or households as defined in the Health and Safety Code. Direct
services that may be provided include those relating to nutritional, social,
recreational, housekeeping and personal needs of the residents.
0.5 spaces per unit; plus
guest parking at 1 space
per each 8 units
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
C
C
C
X
X
43. Dwelling
Parking
Includes a building or portion of a building with a single room or group of internally connected rooms that
is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating,
sanitation and a kitchen.
a. Single -Family —a detached building designed exclusively for occupancy by a
single family.
2 fully enclosed
spaces
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
b. Two (2) Family —includes a duplex, or other building designed for occupancy by
two (2) families living independently of each other, which may be owned
individually or by a single landlord.
2 fully enclosed
spaces per unit
NU1
I NU2
I NU3
I NU4
I NU5
I UR1
I UR2
I UR3 I
UR4 I
UR5 I
CR I
CC
I CN
I BP
I I
r
Q
Packet Pg. 28
1.b
43. Dwelling
Parking
X
X
X
X
X
X
X
P
P
P
X
X
X
X
X
c. Multifamily —includes a building designed and intended for occupancy by three
(1) Studio-1
(3) or more families living independently of each other, each in a separate dwelling
enclosed parking
unit, which may be owned individually or by a single landlord. Includes apartments,
space per unit
townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be
required in accordance with the Building Code.
(2) One bedroom-2
enclosed parking
spaces per unit
(3) Two bedroom-2
enclosed parking
spaces per unit
(4) Guest parking-1
parking space per
each two units (for
complexes with more
than 3 units)
(5) For senior/age
restricted
developments, one
parking space per
each two units, plus
required guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
P
P
P
M','
C'
C'
X
X
'Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total
project units as affordable to lower income households shall be permitted without need for use permit on
any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076,
2861-058-077, 2861-058-079, 2861-058-080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084,
2861-058-085, and 2861-058-071.
'Projects subject to and compliant with all requirements of Government Code Section 65913.4 are
permitted without a conditional use permit or any other nonlegislative discretionary approval.
54. Family Day Care Homes
Parking
Includes a private single-family dwelling where nonmedical care and
2 fully enclosed spaces
protection are provided to individuals for periods less than twenty-four (24)
hours.
a. Adult —up to six (6) adults.
b. Family —up to fourteen (14) children. Family day care homes shall be
licensed by the State and consistent with Section 1597.30 of the Health and
Safety Code.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
N
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2
U
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1.b
65. Fraternity and Sorority Houses
Parking
Includes buildings containing sleeping rooms, bathrooms, common rooms
0.75 spaces per bed
and a central kitchen and dining room maintained exclusively for
fraternity/sorority members and their guests or visitors and affiliated with an
institution of higher learning.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
X
X
X
X
X
-76. Home -Based Cottage Food Operation
Parking
Includes an enterprise which produces and sells cottage food products in the
No additional parking
home kitchen of a primary residential dwelling unit. A cottage food operation
required
shall be considered an accessory use and shall not operate as a food facility or
wholesale food manufacturer. Home -based cottage food operations shall be
in accordance with Section 17.66.025 (Cottage Food Operations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
X
X
97. Home Occupation Businesses
Parking
Includes office businesses which are incidental and accessory to a residential
No additional parking
use and do not include the storage of materials of any kind or product
required
manufacturing of any kind. Home occupation businesses shall be in
accordance with Chapter 17.65 (Home Occupations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
98. Joint Living and Working Quarters (Live/Work Units)
Parking
Includes a dwelling occupying a building designed for commercial or industrial
2 fully enclosed spaces for
occupancy and includes adequate working space reserved for, and regularly
residential use, plus
used by, one or more persons residing therein. Joint living and working
parking for commercial use
quarters shall be in accordance with Section 17.66.080 Qoint Living and
as per the parking
Working Quarters).
requirements contained in
this code
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
M
C
C
C
C
489. Model Homes
Parking
Includes dwellings initially constructed for the purposes of displaying the
3 spaces per model
different housing models offered for sale within a residential development.
Model homes shall be developed in accordance with Section 17.67.030(C)
(temporary uses).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
T
T
T
T
T
T
T
T
T
T
T
T
T
X
X
Packet Pg. 30
1.b
4410. Mobilehome Park
Parking
Includes sites containing spaces with the required improvements and utilities
2 spaces per unit; spaces
that are leased for the long-term placement of mobile or manufactured
may be tandem; plus 1
homes and may include services and facilities for residents.
space per 2 units for guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
C
C
C
C
C
C
C
C
C
C
X
C
X
X
X
1142. Residential Health Care Facility
Parking
Includes residential facilities usually occupied by the elderly that provide
0.5 spaces for each unit
rooms, meals, personal care and health monitoring services under the
and/or bed
supervision of a professional nurse or other professional health care provider
and that may provide other services, such as recreation, social and cultural
activities, financial services and transportation. Typical uses include
convalescent homes.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
M
M
M
C
C
C
C
X
4412. Residential Service/Care Home
Parking
Includes a private single-family residence where twenty-four (24) hour care,
2 fully enclosed spaces
nonmedical services, supervision, treatment or assistance essential for
sustaining the activities of daily living to six (6) er feWer norms nS is provided.
Residential service/care home shall be consistent with Section 1500 et seq. of
the Health and Safety Code and any other applicable State law.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
4-413. Rooming House
Parking
Means a dwelling unit (other than a hotel or motel) where three (3) or more
2 fully enclosed stalls;
rooms are rented individually or separately to tenants under separate rental
plus one parking stall for
agreements where tenants do not share common financial responsibility for use
each resident 18 years or
of the dwelling unit as a whole. Rent may be paid in money, goods, labor, or
older
otherwise. Rental agreements may be written or oral. Housing protected by
Federal or State law, including housing for persons protected under the Fair
Housing Act (42 U.S.C. Section 3604(F)) and the California Fair Housing Act
(California Government Code Section 12920 et seq.), or housing otherwise
subject to treatment as a single-family dwelling unit by the provisions of State
law shall not constitute a rooming house.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
P*
P*
P*
X
X
X
X
X
*Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family
detached residential units.
10
Packet Pg. 31
1.b
4- 14. Supportive Commercial Uses Serving the Local Area
Parking
Supportive commercial uses serving the local area, such as grocery stores,
restaurants, personal services, and retail sale of specialty goods, may be
permitted in a proposed development project, new establishment, or
conversion of a residence; provided, that the size, location, design, and use
types are determined to be compatible with the surrounding area. Such
supportive commercial uses in the NU4 and NU5 zones shall be located in
activity areas, must be at least one (1) mile from any commercial land use
designation, and must not exceed five (5) acres in size. A change in use in an
established activity area shall be subject to the required entitlement for such
use in the CN zone. However, a permitted use in the CN zone shall require a
MUP.
Parking as determined by
the Director
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
M
M
M
M
M
M
M
M
M
M
X
X
X
X
X
16 Supportive WO.-ming
Rarking
Intl der- hn619iRg With nn linaitc nn Ienr<th of Stay that is linked ton cite n off_
1 c e for eaC-h cuff
Mher• 9I619 1 S e for
cite S S that assssisst a Sident in retainiRg he6lSiRg hiS/her
g
health c nditinnS and r-AaXiMiZiRg hfc nr her ability to We and When n Sihle
each r 69 Sident
ntnr 4ehfcle
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1 S e for each r Sident
odor req6lireMeRtg. I Inns termination of a ictanre the nit Shall
ever 19 years of a
ge
PrGgraPR
her dated a icted nit to a ether eligible recipieRt at
PrGgraPR
redetermined n nt in ti.,,e kA�here leRgth of Sta Shall he nn lecS than,
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UR3
UR4
URS
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I
17.42.020 State -Designated Housing Use Types
A. The following residential use types are defined or governed by state law in all zones.
1. Accessory Dwelling Unit
Accessory Dwelling Units and lunior Accessory Dwelling Units are permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Section 66323.
2. Employee and Agricultural Worker Housing
Employee housing serving six or fewer employees and agricultural employee housing consisting of not
more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or
11
Packet Pg. 32
1.b
household are permitted pursuant to California law, as may be amended from time to time, including,,
without limitation, Health and Safety Code Sections 17021.5 and 17021.6.
3. Low -Barrier Navigation Centers
Low Barrier Navigation Centers are reviewed and ministerially_ permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Sections 65662, et.
sea.
4. Supportive Housing
Supportive Housing is permitted pursuant to California law, as may be amended from time to time,
including without limitation, Government Code Section 65583. Supportive Housing includes housing with
no limits on length of stay that is linked to on -site or off -site services that assist a resident in retaining
housing, improving his/her health conditions and maximizing his or her ability to live and, when possible,
work in the community.
5. Transitional Housing
Transitional Housing is permitted pursuant to California law, as may be amended from time to time,
subject to only those restrictions that apply to other residential dwellings of the same type in the same
zone. Transitional Housing includes buildings configured as a rental housing development but operated
under program requirements. Upon termination of assistance, the unit shall be recirculated as an
assisted unit to another eligible program recipient at some predetermined point in time where length of
stays shall be no less than six (6) months and no more than two (2) years.
17.51.030 Landscaping and Irrigation Standards. Subsection
(C)(6)(a)(vii)
1 17.57.020 Residential Development Standards
H. Modifications of Garages. Conversions of existing required garages into habitable space are
permitted only following the issuance of a certificate of occupancy for anew garage consistent
with the residential parking requirements, except as otherwise provided by California Law,
including, without limitation, Government Code 66323. Modifications are not permitted which
reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car
garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages.
Clear entry must be provided for all garages at a minimum of sixteen (16) feet for two (2) car
garages and eight (8) feet for single car garages. AGGeSSGry dWelliRg 61nitS Inr-torlyAthin
garage are to Sect+elp Wall -mounted equipment within the minimum
12
Packet Pg. 33
1.b
required garage space identified above must clear a minimum of three and one-half (3 1/2) feet
above the ground and may not impede vehicle parking.
S. Residential units shall be limited to one (1) electric service meter per residential unit.,
cortinn
�cccrvrr.
17.57.025 Two -Unit Residential Development
Amended and Restated
Two -Unit Residential Development
A. The purpose of this section is to implement California law mandating approval of not
more than two residential units within a single-family residential zone and urban lot
splits, including, without limitation Government Code Sections 65852.21 and 66411.7.
respectively, as may be amended from time to time. This section controls in the event of
any conflict with other sections of this code. California law controls and supersedes any
conflicting part of this code.
B. Development. The Director must consider proposed developments containing not more
than two residential units within a single-family residential zone ministerially, so long as
the proposed development meets all requirements of applicable law including this code.
1. Standards. All developments proposed under this section must satisfy the objective
development standards required in the underlying zoning designation, unless
otherwise exempt pursuant to California law.
C. Urban lotsplits. An application to review and approve a parcel map for an urban lot split
must be ministerially reviewed and approved if the application satisfies all requirements
of California law and this section.
1. All lot splits proposed under this section must satisfy the objective parcel map
standards in Title 16 of this Code, unless otherwise exempt pursuant to California
law.
2. All uses allowed on a lot created by this section are limited to residential uses.
3. An applicant for an urban lot split must prepare and execute an affidavit on a form
approved by the City Attorney before the Building Official issues any final certificate
of occupancy, requiring owner -occupancy of one of the two units as their principal
residence for a minimum of three years from the date of the approval of the urban
lot split, unless otherwise exempt pursuant to California law.
13
Packet Pg. 34
1.b
D. Certificate of occupancy. Before the Building Official issues any final certificate of
occupancy for any two -unit development proposed pursuant to this section, the
property owner must record with the County Recorder a covenant running with the land
stating that all units developed pursuant to this section must be for a term of 30 days or
longer. The covenant required by this Section must be approved as to form by the City
Attorney."
17. 57.040 Accessory Buildings and Structures
Amended and Restated
L. Accessory Dwelling Units. This subsection implements California law governing accessory
dwelling unit ("ADU") and junior accessory dwelling unit ("JADU") mandates, including, without
limitation, Government Code Section 66323, as may be amended from time to time, pursuant
to California law. Should any conflict arise between this subsection and California law, California
law controls with respect to the conflicting portions of this subsection and all other portions of
this subsection will be deemed to be in full effect. An accessory dwelling unit is a residential use
that is consistent with the City's General Plan, residential zone designations, and densitL
1. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of the words and phrases used in this
Chapter. Undefined words and phrases and have the same meaning as set forth in this
Code or in Applicable law.
"Applicable law" means Title 7, Division, 1, Chapter 13 of the California Government
Code, beginning at Government Code section 66310, et. seq., and the SCMC.
"Primary dwelling" means a residential structure on a single parcel with provisions for
living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more
than one residential structure exists on a lot, the "primary dwelling" will either be the
residential structure that was first issued a valid certificate of occupancy, or, when
applicable, the largest residential structure on the lot.
2. Certificate of Occupancy.
a. Except as allowed by Applicable law, the Building Official will not issue a final
certificate of occupancy for an ADU or JADU before the Building Official issues a final
certificate of occupancy is issued for the primary dwelling(s).
3. Limitations.
14
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1.b
a. ADUs may not be used in violation of this code, and any rental of the ADU must be
for a term of 30 days or longer.
b. JADU may not be sold separately; has size and attribute restrictions required by this
code; and the property owner must occupy either the single-family residence in
which the JADU is permitted, or the newly created JADU, unless exempt pursuant to
Applicable law, including without limitation Government Code Section 66333(b). The
JADU cannot be rented for any period less than 30 days.
4. Application for Address Number. ADUs and JADUs that do not include an internal
connection to the primary dwelling must submit an application for an address number.
A IADU with an internal connection to the primary dwelling will not receive an address
number unless determined necessary for safety purposes by the Building Official.
Address numbers will be determined by the Building Official pursuant to the procedures
outlined in this code. Address numbers must be placed over the entrance to the ADU or
JADU or on some other place where the number can be visible from the street. When
required by the Fire Chief, or designee, address identification must be provided in
additional approved locations to facilitate emergency response.
5. Fees.
a. Except as provided in Applicable law, all ADUs and JADUs are subject to development
impact fees. ADU development impact fees will be charged proportionally related to
the square footage of the Primary dwelling unit in accordance with this code.
b. Except as provided by Applicable law, each ADU and JADU must install a separate
utility connection directly between the ADU and the utility, which is subject to a
connection fee or capacity charge, that is proportionate to the burden of the
proposed ADU on the water or sewer system based on its square footage or
drainage fixture units. A JADU with internal connection to the primary dwelling must
install a separate utility connection if required by the Building Official. The fee or
charge may not exceed the reasonable cost of providing the services.
c. The City may charge reasonable inspection and construction fees for inspections
and for all required permits. The fees will be established by City Council resolution,
as may be amended or superseded from time to time, and be assessed on the
property owner.
17.66.070 Homeless Shelters.
The following standards apply to all homeless shelters:
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A. Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60)
individuals, permitted by right. Occupancy in excess of sixty (60) individuals may be approved
subject to the issuance of a conditional use permit.
B. Homeless shelters shall provide on -site waiting and intake areas screened from public view
C. The homeless shelter shall provide on -site management with security during operational
hours.
E. The homeless shelter shall be well lit during operational hours and be in conformance with
Section 17.51.050 (Outdoor Lighting Standards).
F. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight
p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m. the
following day.
G. Homeless shelters shall abide by all applicable development standards as set forth in this
code.
H. A homeless shelter shall not be located within three hundred (300) feet of another
homeless shelter. Homeless shelters that are located outside of the Homeless Shelter Overlay
Zone shall not be located within three hundred (300) feet of as private or public primary or
secondary school, public or private parks and community centers.
16
Packet Pg. 37
1.c
Exhibit B
Proposed SCMC Amendments
16.28 Urban Lot Split Subdivision Requirements
This section is repealed.
17.11.020 Definitions.
"Accessory dwelling unit (ADU)" is defined pursuant to California law as may be amended from
time to time, including without limitation, Government Code Sections 66313(a) and 66323.
'Junior accessory dwelling unit OADU)" is defined pursuant to California law as may be
amended from time to time, including without limitation, Government Code Sections 66313(d)
and 66323.
17.22.090 Accessory Dwelling Unit Permit.
The Class I application ministerial process shall apply to accessory dwelling units and junior
accessory dwelling units (Ord. 21-1 § 6 (Exh. A), 1 /26/21)
17.35 Mixed Use Zones
17.35.010 Mixed Use Corridor (MXC) Zone. Subsection (B)
Residential
Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
Living/Working Quarters
M
FJoint
Model Homes
T
1
Packet Pg. 38
1.c
Residential Use Types
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.35.020 Mixed Use Neighborhood (MXN) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
7.
Joint Living/Working Quarters
M
8.
Model Homes
T
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.35.030 Mixed Use Urban Village (MXUV) Zone. Subsection (B)
Residential
Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
7.
Joint Living/Working Quarters
I M
Packet Pg. 39
1.c
Residential
Use Types
8.
Model Homes
T
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
17.36 Open Space Zones
17.36.010 Open Space (OS) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Home -Based Cottage Food Operation
AP
4.
Home Occupation Business
P
5.
Family Day Care Homes —Adult
P
6.
Family Day Care Homes —Family
P
7.
1 Residential Service/Care Home
P
17.36.020 Open Space —Agriculture (OS -A) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Home -Based Cottage Food Operation
AP
4.
Home Occupation Business
P
5.
Family Day Care Homes —Adult
P
6.
Family Day Care —Family
P
7.
1 Residential Service/Care Home
P
17.36.030 Open Space —National Forest (OS-NF) Zone. Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
Packet Pg. 40
1.c
Residential Use Types
3.
Family Day Care Homes —Adult
P
4.
Family Day Care Homes —Family
P
5.
Residential Service/Care Home
P
17.36.040 Open Space —Bureau of Land Management (OS-BLM) Zone.
Subsection (B)
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Family Day Care Homes —Adult
P
4.
Family Day Care Homes —Family
P
5.
Residential Service/Care Home
P
17.37.020 Public/Institutional (PI) Zone
Residential Use Types
1.
Caretaker's Residence
P
2.
Dwelling —Single -Family
P
3.
Family Day Care Homes —Adult
P
4.
Family Day Care —Family
P
5.
Fraternity/Sorority Houses
C
6.
Residential Service/Care Home
P
17.38.050 MU - Mixed Use Overlay Zone Subsection (E)
Residential Use Types
1.
Caretaker's Residence
P
2.
Community Care Facility
C
3.
Dwelling
a.
Single -Family
P
b.
Two (2) Family
P
c.
Multifamily
P
4
Packet Pg. 41
1.c
Residential Use Types
4.
Family Day Care Homes
P
5.
Home -Based Cottage Food Operation
AP
6.
Home Occupation Business
P
7.
Joint Living/Working Quarters
M
8.
Model Homes
M
9.
Residential Health Care Facility
C
10.
1 Residential Service/Care Home
C
17.42.010 Residential Use Types.
1. Caretaker's Residence
Parking
Includes permanent or temporary housing that is secondary or accessory to
2 fully enclosed spaces;
the primary nonresidential use obn the same property. Caretaker's housing
spaces may be tandem
shall be used exclusively for occupancy by a caretaker for security or
monitoring of the primary use. Caretaker's residences shall comply with the
parking standards for single-family residential uses.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
2. Community Care Facility
Parking
Includes any residential facility which is planned, designed and managed to
0.5 spaces per unit; plus
include facilities and common areas that maximize the residents' potential for
guest parking at 1 space
independent living. The facility may be occupied by elderly or disabled
per each 8 units
persons or households as defined in the Health and Safety Code. Direct
services that may be provided include those relating to nutritional, social,
recreational, housekeeping and personal needs of the residents.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
C
C
C
X
X
3. Dwelling IlParking
Includes a building or portion of a building with a single room or group of internally connected rooms that
is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating,
sanitation and a kitchen.
a. Single -Family —a detached building designed exclusively for occupancy by a
2 fully enclosed
single family.
spaces
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
m
N
0
M
0
L.
a
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3. Dwelling
Parking
b. Two (2) Family —includes a duplex, or other building designed for occupancy by
2 fully enclosed
two (2) families living independently of each other, which may be owned
spaces per unit
individually or by a single landlord.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
I P
P
P
X
X
X
X
X
c. Multifamily —includes a building designed and intended for occupancy by three
(1) Studio-1
(3) or more families living independently of each other, each in a separate dwelling
enclosed parking
unit, which may be owned individually or by a single landlord. Includes apartments,
space per unit
townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be
required in accordance with the Building Code.
(2) One bedroom-2
enclosed parking
spaces per unit
(3) Two bedroom-2
enclosed parking
spaces per unit
(4) Guest parking-1
parking space per
each two units (for
complexes with more
than 3 units)
(5) For senior/age
restricted
developments, one
parking space per
each two units, plus
required guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
P
P
P
M','
C'
C'
X
X
'Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total
project units as affordable to lower income households shall be permitted without need for use permit on
any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076,
2861-058-077, 2861-058-079, 2861-058-080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084,
2861-058-085, and 2861-058-071.
'Projects subject to and compliant with all requirements of Government Code Section 65913.4 are
permitted without a conditional use permit or any other nonlegislative discretionary approval.
4. Family Day Care Homes
Parking
Includes a private single-family dwelling where nonmedical care and
2 fully enclosed spaces
protection are provided to individuals for periods less than twenty-four (24)
hours.
a. Adult —up to six (6) adults.
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4. Family Day Care Homes
Parking
b. Family —up to fourteen (14) children. Family day care homes shall be
licensed by the State and consistent with Section 1597.30 of the Health and
Safety Code.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
5. Fraternity and Sorority Houses
Parking
Includes buildings containing sleeping rooms, bathrooms, common rooms
0.75 spaces per bed
and a central kitchen and dining room maintained exclusively for
fraternity/sorority members and their guests or visitors and affiliated with an
institution of higher learning.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
X
X
X
X
X
6. Home -Based Cottage Food Operation
Parking
Includes an enterprise which produces and sells cottage food products in the
No additional parking
home kitchen of a primary residential dwelling unit. A cottage food operation
required
shall be considered an accessory use and shall not operate as a food facility or
wholesale food manufacturer. Home -based cottage food operations shall be
in accordance with Section 17.66.025 (Cottage Food Operations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
X
X
7. Home Occupation Businesses
Parking
Includes office businesses which are incidental and accessory to a residential
No additional parking
use and do not include the storage of materials of any kind or product
required
manufacturing of any kind. Home occupation businesses shall be in
accordance with Chapter 17.65 (Home Occupations).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
8. Joint Living and Working Quarters (Live/Work Units)
Parking
Includes a dwelling occupying a building designed for commercial or industrial
2 fully enclosed spaces for
occupancy and includes adequate working space reserved for, and regularly
residential use, plus
used by, one or more persons residing therein. Joint living and working
parking for commercial use
quarters shall be in accordance with Section 17.66.080 Qoint Living and
as per the parking
Working Quarters).
requirements contained in
this code
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
C
C
C
M
C
C
C
C
9. Model Homes
Parking
Includes dwellings initially constructed for the purposes of displaying the
3 spaces per model
different housing models offered for sale within a residential development.
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9. Model Homes
Parking
Model homes shall be developed in accordance with Section 17.67.030(C)
(temporary uses).
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
T
T
T
T
T
T
T
T
T
T
T
T
T
X
X
10. Mobilehome Park
Parking
Includes sites containing spaces with the required improvements and utilities
2 spaces per unit; spaces
that are leased for the long-term placement of mobile or manufactured
may be tandem; plus 1
homes and may include services and facilities for residents.
space per 2 units for guest
parking
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
C
C
C
C
C
C
C
C
C
C
X
C
X
X
X
11. Residential Health Care Facility
Parking
Includes residential facilities usually occupied by the elderly that provide
0.5 spaces for each unit
rooms, meals, personal care and health monitoring services under the
and/or bed
supervision of a professional nurse or other professional health care provider
and that may provide other services, such as recreation, social and cultural
activities, financial services and transportation. Typical uses include
convalescent homes.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
X
X
X
X
X
X
X
M
M
M
C
C
C
C
X
12. Residential Service/Care Home
Parking
Includes a private single-family residence where twenty-four (24) hour care,
2 fully enclosed spaces
nonmedical services, supervision, treatment or assistance essential for
sustaining the activities of daily living is provided. Residential service/care
home shall be consistent with Section 1500 et seq. of the Health and Safety
Code and any other applicable State law.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
P
P
P
P
P
P
P
P
P
P
X
X
X
X
X
13. Rooming House
Parking
Means a dwelling unit (other than a hotel or motel) where three (3) or more
2 fully enclosed stalls;
rooms are rented individually or separately to tenants under separate rental
plus one parking stall for
agreements where tenants do not share common financial responsibility for use
each resident 18 years or
of the dwelling unit as a whole. Rent may be paid in money, goods, labor, or
older
otherwise. Rental agreements may be written or oral. Housing protected by
Federal or State law, including housing for persons protected under the Fair
Housing Act (42 U.S.C. Section 3604(F)) and the California Fair Housing Act
(California Government Code Section 12920 et seq.), or housing otherwise
subject to treatment as a single-family dwelling unit by the provisions of State
law shall not constitute a rooming house.
NU1
I NU2
I NU3
I NU4
I NU5
I UR1
I UR2
I UR3
I UR4
I UR5
I CR
I CC
I CN
I BP
I I
m
N
O
M
O
a
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13. Rooming House
Parking
X
I X
I X
I X
I X
I X
I X
I P*
I P*
P*
I X
X
X
X
I X
*Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family
detached residential units.
14. Supportive Commercial Uses Serving the Local Area
Parking
Supportive commercial uses serving the local area, such as grocery stores,
Parking as determined by
restaurants, personal services, and retail sale of specialty goods, may be
the Director
permitted in a proposed development project, new establishment, or
conversion of a residence; provided, that the size, location, design, and use
types are determined to be compatible with the surrounding area. Such
supportive commercial uses in the NU4 and NU5 zones shall be located in
activity areas, must be at least one (1) mile from any commercial land use
designation, and must not exceed five (5) acres in size. A change in use in an
established activity area shall be subject to the required entitlement for such
use in the CN zone. However, a permitted use in the CN zone shall require a
MUP.
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
UR4
UR5
CR
CC
CN
BP
I
M
M
M
M
M
M
M
M
M
M
X
X
X
X
X
17.42.020 State -Designated Housing Use Types
A. The following residential use types are defined or governed by state law in all zones.
1. Accessory Dwelling Unit
Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Section 66323.
2. Employee and Agricultural Worker Housing
Employee housing serving six or fewer employees and agricultural employee housing consisting of not
more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or
household are permitted pursuant to California law, as may be amended from time to time, including,
without limitation, Health and Safety Code Sections 17021.5 and 17021.6.
3. Low -Barrier Navigation Centers
Low Barrier Navigation Centers are reviewed and ministerially permitted pursuant to California law as
may be amended from time to time, including without limitation, Government Code Sections 65662, et.
seq.
4. Supportive Housing
Supportive Housing is permitted pursuant to California law, as may be amended from time to time,
including without limitation, Government Code Section 65583. Supportive Housing includes housing with
no limits on length of stay that is linked to on -site or off -site services that assist a resident in retaining
housing, improving his/her health conditions and maximizing his or her ability to live and, when possible,
work in the community.
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5. Transitional Housing
Transitional Housing is permitted pursuant to California law, as may be amended from time to time,
subject to only those restrictions that apply to other residential dwellings of the same type in the same
zone. Transitional Housing includes buildings configured as a rental housing development but operated
under program requirements. Upon termination of assistance, the unit shall be recirculated as an
assisted unit to another eligible program recipient at some predetermined point in time where length of
stays shall be no less than six (6) months and no more than two (2) years.
17.51.030 Landscaping and Irrigation Standards. Subsection
(C)(6)(a)(vii)
a. Single -Family Development.
i. All new residential development shall have one (1) twenty-four (24) inch box tree
planted in the required front yard, to the satisfaction of the Director. This requirement
may be waived or modified by the Director where it is found to be impractical due to
topographical conditions, where it is not keeping with the neighborhood, or where it
otherwise will not benefit the area.
ii. Landscape parkways shall be installed in all new residential development. These
parkways shall be installed between the curb and sidewalk and shall be five (5) feet in
width. Parkways shall not be separated by sidewalk.
iii. For single-family homes located adjacent to a parkway, either public or private right-
of-way, the homeowner has the responsibility to plant, irrigate and maintain the parkway
in a healthy and thriving condition, unless the parkway is maintained by the homeowners'
association or other entity. The parkway shall be planted with City -approved street trees
and landscaping that is consistent with other parkways within the community the property
is located within. Plant material that contains spines or thorns, poisonous -to -the -touch or
noxious plants, nonliving materials that exceed six (6) inches in height, and gravel or rocks
or wood chips that exceed more than fifty percent (50%) of the parkway area are
prohibited in the parkway.
iv. The landscape plan shall include all areas located within the front yard and all side
yard areas exposed to the street view.
v. The preferred plant palette shall include drought tolerant and low-water use
landscaping. Low-water usage turf or warm season turf is recommended.
vi. Turf shall be limited to a maximum of fifty percent (50%) of the total landscaped area.
Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less
than five (5) feet in width, sidewalk strips, slopes, etc.).
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17.57.020 Residential Development Standards
H. Modifications of Garages. Conversions of existing required garages into habitable space are
permitted only following the issuance of a certificate of occupancy fora new garage consistent
with the residential parking requirements, except as otherwise provided by California Law,
including, without limitation, Government Code 66323. Modifications are not permitted which
reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car
garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages.
Clear entry must be provided for all garages at a minimum of sixteen (16) feet for two (2) car
garages and eight (8) feet for single car garages. Wall -mounted equipment within the minimum
required garage space identified above must clear a minimum of three and one-half (3 1/2) feet
above the ground and may not impede vehicle parking.
S. Residential units shall be limited to one (1) electric service meter per residential unit.
17.57.025 Two -Unit Residential Development
Amended and Restated
Two -Unit Residential Development
A. The purpose of this section is to implement California law mandating approval of not
more than two residential units within a single-family residential zone and urban lot
splits, including, without limitation Government Code Sections 65852.21 and 66411.7,
respectively, as may be amended from time to time. This section controls in the event of
any conflict with other sections of this code. California law controls and supersedes any
conflicting part of this code.
B. Development. The Director must consider proposed developments containing not more
than two residential units within a single-family residential zone ministerially, so long as
the proposed development meets all requirements of applicable law including this code.
Standards. All developments proposed under this section must satisfy the objective
development standards required in the underlying zoning designation, unless
otherwise exempt pursuant to California law.
C. Urban lotsplits. An application to review and approve a parcel map for an urban lot split
must be ministerially reviewed and approved if the application satisfies all requirements
of California law and this section.
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All lot splits proposed under this section must satisfy the objective parcel map
standards in Title 16 of this Code, unless otherwise exempt pursuant to California
law.
2. All uses allowed on a lot created by this section are limited to residential uses
3. An applicant for an urban lot split must prepare and execute an affidavit on a form
approved by the City Attorney before the Building Official issues any final certificate
of occupancy, requiring owner -occupancy of one of the two units as their principal
residence for a minimum of three years from the date of the approval of the urban
lot split, unless otherwise exempt pursuant to California law.
D. Certificate of occupancy. Before the Building Official issues any final certificate of
occupancy for any two -unit development proposed pursuant to this section, the
property owner must record with the County Recorder a covenant running with the land
stating that all units developed pursuant to this section must be for a term of 30 days or
longer. The covenant required by this Section must be approved as to form by the City
Attorney."
17. 57.040 Accessory Buildings and Structures
Amended and Restated
L. Accessory Dwelling Units. This subsection implements California law governing accessory
dwelling unit ("ADU") and junior accessory dwelling unit ('JADU") mandates, including, without
limitation, Government Code Section 66323, as may be amended from time to time, pursuant
to California law. Should any conflict arise between this subsection and California law, California
law controls with respect to the conflicting portions of this subsection and all other portions of
this subsection will be deemed to be in full effect. An accessory dwelling unit is a residential use
that is consistent with the City's General Plan, residential zone designations, and density.
1. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions govern the construction of the words and phrases used in this
Chapter. Undefined words and phrases and have the same meaning as set forth in this
Code or in Applicable law.
"Applicable law" means Title 7, Division, 1, Chapter 13 of the California Government
Code, beginning at Government Code section 66310, et. seq., and the SCMC.
"Primary dwelling" means a residential structure on a single parcel with provisions for
living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more
than one residential structure exists on a lot, the "primary dwelling" will either be the
12
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residential structure that was first issued a valid certificate of occupancy, or, when
applicable, the largest residential structure on the lot.
2. Certificate of Occupancy.
Except as allowed by Applicable law, the Building Official will not issue a final
certificate of occupancy for an ADU or JADU before the Building Official issues a final
certificate of occupancy is issued for the primary dwelling(s).
3. Limitations.
ADUs may not be used in violation of this code, and any rental of the ADU must be
for a term of 30 days or longer.
b. JADU may not be sold separately; has size and attribute restrictions required by this
code; and the property owner must occupy either the single-family residence in
which the JADU is permitted, or the newly created JADU, unless exempt pursuant to
Applicable law, including without limitation Government Code Section 66333(b). The
JADU cannot be rented for any period less than 30 days.
4. Application for Address Number. ADUs and JADUs that do not include an internal
connection to the primary dwelling must submit an application for an address number.
A JADU with an internal connection to the primary dwelling will not receive an address
number unless determined necessary for safety purposes by the Building Official.
Address numbers will be determined by the Building Official pursuant to the procedures
outlined in this code. Address numbers must be placed over the entrance to the ADU or
JADU or on some other place where the number can be visible from the street. When
required by the Fire Chief, or designee, address identification must be provided in
additional approved locations to facilitate emergency response.
5. Fees.
a. Except as provided in Applicable law, all ADUs and JADUs are subject to development
impact fees. ADU development impact fees will be charged proportionally related to
the square footage of the Primary dwelling unit in accordance with this code.
b. Except as provided by Applicable law, each ADU and JADU must install a separate
utility connection directly between the ADU and the utility, which is subject to a
connection fee or capacity charge, that is proportionate to the burden of the
proposed ADU on the water or sewer system based on its square footage or
drainage fixture units. AJADU with internal connection to the primary dwelling must
13
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install a separate utility connection if required by the Building Official. The fee or
charge may not exceed the reasonable cost of providing the services.
c. The City may charge reasonable inspection and construction fees for inspections
and for all required permits. The fees will be established by City Council resolution,
as may be amended or superseded from time to time, and be assessed on the
property owner.
17.66.070 Homeless Shelters.
The following standards apply to all homeless shelters:
A. Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60)
individuals, permitted by right. Occupancy in excess of sixty (60) individuals may be approved
subject to the issuance of a conditional use permit.
B. Homeless shelters shall provide on -site waiting and intake areas screened from public view
C. The homeless shelter shall provide on -site management with security during operational
hours.
D. The homeless shelter shall be well lit during operational hours and be in conformance with
Section 17.51.050 (Outdoor Lighting Standards).
E. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight
p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m. the
following day.
F. Homeless shelters shall abide by all applicable development standards as set forth in this
code.
G. A homeless shelter shall not be located within three hundred (300) feet of another
homeless shelter. Homeless shelters that are located outside of the Homeless Shelter Overlay
Zone shall not be located within three hundred (300) feet of a private or public primary or
secondary school, public or private parks and community centers.
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2023 HCD
Correspondence
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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500 , o o N
Sacramento, CA 95833CU
(916) 263-2911 / FAX (916) 263-7453 'a
www.hcd.ca.gov , • Q-
March 24, 2023
Tom Cole, Director
Community Development Department
City of Santa Clarita
23920 W. Valencia Blvd. Suite 302
Santa Clarita, CA 91355
Dear Tom Cole:
RE: Review of Santa Clarita's Accessory Dwelling Unit (ADU) Ordinance under
State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Santa Clarita's (City) accessory dwelling unit (ADU)
Ordinance No. 21-1 (Ordinance), adopted January 26, 2021, to the California
Department of Housing and Community Development (HCD). HCD has reviewed the
Ordinance and submits these written findings pursuant to Government Code section
65852.2, subdivision (h). HCD finds that the Ordinance does not comply with sections
65852.2 and 65852.22 in the manner noted below. Under that statute, the City has up to
30 days to respond to these findings. Accordingly, the City must provide a written
response to these findings no later than April 21, 2023.
The Ordinance addresses many statutory requirements; however, HCD finds that the
Ordinance does not comply with State ADU Law in the following respects:
17.42.010 — Parking Exemptions — The Ordinance lists the parking
exemptions for ADUs in the Residential Use Types table under "Parking".
However, this list omits one condition as stated in Government Code section
65852.2, subdivision (d)(1)(B): a local agency shall not impose parking
standards for an ADU when "[t]he accessory dwelling unit is located within an
architecturally and historically significant historic district." The City should
amend this section to address the omission.
17.51.030 (C)(6)(a)(vii) — Landscape Standards for ADUs — The Ordinance
states that one (1) twenty-four (24) inch box tree shall be planted in the front
or corner yard setback of a unit if it is located along a street frontage.
However, local development standards provided by the Ordinance pursuant
to Government Code section 65852.2, subdivisions (a) through (d), cannot
preclude ADUs created under Government Code section 65852.2, subdivision
(e). While the City may award voluntary tree planting by providing incentives,
Packet Pg. 53
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Tom Cole, Director
Page 2
it may not make it a requirement. The City might consider creating or
modifying incentive programs to encourage tree planting. Accordingly, the
City must either remove the tree planting requirement from the Ordinance or
clarify its incentives.
17.57.040 (L)(1)(a) — Locations of ADUs in Zones — The Ordinance states
that ADUs may be permitted only on parcels that are zoned to allow single-
family or multifamily dwelling residential use and that include a proposed or
existing residential unit and provides for zones allowing ADUs. Chapter 17.34
of the City's municipal code defines the Community Commercial (CC) and
Neighborhood Commercial (CN) Zones which allow for multifamily dwellings.
However, the Ordinance did not include these zones in Section 17.42.010
when identifying zones permitting ADUs. Government Code section 65852.2,
subdivision (a), permits ADUs in all areas zoned to allow single-family and
multifamily dwelling use. Hence, ADUs may be allowed in zones, such as
agricultural, commercial, or mixed -use zones wherever residential uses are
allowed. Therefore, the City must revise and include these zones to permit
ADUs and should state in the language that ADUs are permitted in any zone
that allows residential or mixed use.
17.57.040 (L)(1)(b) — ADUs in High Fire Hazard Severity Zone — The
Ordinance states that where a lot or any portion is located in a high fire
hazard severity zone (HFHSZ), an ADU shall be prohibited on the lot unless it
either fronts a highway and vehicles enter directly from the highway, or it has
two means of direct vehicular access to a highway that meets certain
requirements. The requirements listed under this section of the Ordinance
should be removed as they go beyond the scope of State ADU Law. Although
the Ordinance does not cite the statute, the City seems to be relying on
Government Code section 65852.2, subdivision (a)(1)(A), which states that a
local agency may adopt an ordinance that designates areas where ADUs may
be permitted "based on the adequacy of water and sewer services and the
impact of accessory dwelling units on traffic flow and public safety." Any
limitations, by local ordinance, on where ADUs may be permitted must be
based only on these narrow factors and should be accompanied by detailed
findings of fact explaining why ADU limitations are required on the basis of
these factors.
Further, even if the City would provide adequate justification for this restriction
on ADUs under this subdivision, the City may not restrict ADUs that fall under
subdivision (e), as local development standards (such as an area restriction
based on high fire hazard severity designation) provided by the Ordinance
pursuant to Government Code section 65852.2, subdivisions (a) through (d),
cannot preclude ADUs created under Government Code section 65852.2,
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Tom Cole, Director
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subdivision (e). Therefore, the City must ministerially permit units created
pursuant to subdivision (e).
Finally, please note that the fire hazard severity zone maps prepared by
California Department of Forestry and Fire Protection (CAL FIRE)' were not
intended to serve as a development moratorium. Rather, these maps and
corresponding hazard severity zones are intended to be used for planning
purposes and mitigation measures. Specifically, development projects located
in HFHSZs are required to conform with the stricter building standards set
forth in Chapter 7A of the California Building Code.
• 17.57.040 (L)(2)(c) — Setbacks — The Ordinance states that ADUs shall
comply with corner and reverse corner setbacks unless it can be
demonstrated that a four -foot side setback does not create a safety hazard.
However, Government Code section 65852.2, subdivision (a)(1)(D)(vii),
states: "a setback of no more than four feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is not converted from an
existing structure or a new structure constructed in the same location and to
the same dimensions as an existing structure." However, side lot line
setbacks, established in statute, apply to the street sides of a corner lot.
Further, Government Code section 65852.2, subdivision (c)(1)(C), states that
a local agency may not impose "Any requirement for ... front setbacks that
would not permit at least an 800 square foot accessory dwelling unit with four -
foot side and rear yard setbacks to be constructed in compliance with all other
local development standards." Therefore, the City must remove this section or
clarify that the provision applies to front setbacks only.
• 17.57.040 (L)(2)(D) — Height— The Ordinance requires an "Adjustment
Permit" for any ADU in excess of 16 feet in height. This permit is not
described in this Ordinance; it appears to be a non -ministerial process.
Moreover, be advised that height limits increased as of January 1, 2023, with
the passage of Senate Bill 897 (Chapter 664, Statues of 2022), codified in
Government Code section 65852.2, subdivision (c)(2)(D)(ii). As such, lot -wide
height minimum allowances are 18 feet and attached ADUs in most cases
may be up to 25 feet. The City must amend the Ordinance accordingly.
• 17.57.040 (L)(2)(h) — Rear Yard Coverage — The Ordinance states that ADUs
shall count as buildings for the purposes of calculating rear yard coverage.
The City may impose development standards such as the rear yard coverage;
however, Government Code section 65852.2, subdivision (c)(2)(C), states
For more information, please visit Cal FIRE's website: https://osfm.fire.ca.gov/divisions/community-
wildfire-preparedness-and-mitigation/wildland-hazards-building-codes/fire-hazard-severity-zones-
maps/.
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that the City must still accommodate for an ADU of up to at least 800 square
feet with four -foot rear and side yard setbacks. If this is the only allowable
space, the City must allow for the ADU to be built in the minimum required
distance area. The Ordinance must be revised to include "where feasible,"
which will give more flexibility in language to accommodate an ADU of at least
800 square feet.
• 17.57.040 (L)(2)(k) — Distance Between Structures — The Ordinance states
that a detached ADU shall be located at least six (6) feet away from the
exterior wall of the primary dwelling unit. In addition, the Ordinance states that
if detached ADUs share a common roof structure (e.g., a breezeway, service
porch, covered patio, etc.), the breezeway or patio shall be at least six feet
wide for safety purposes. The City may impose development standards such
as the distance between structures; however, Government Code section
65852.2, subdivision (c)(2)(C), states that the City must still accommodate for
a detached ADU of up to at least 800 square feet, and with four -foot rear and
side yard setbacks to be built in the minimum required distance area if this is
the only allowable space. The Ordinance must be revised to include "where
feasible," which will give more flexibility in language to accommodate an ADU
of at least 800 square feet.
• 17.57.040 (L)(2)(n)(ii) — Residency Requirements — The Ordinance states that
in accordance with Government Code section 65852.22, owner -occupancy is
always required where a lot includes a Junior ADU (JADU). However,
Government Code section 65852.22, subdivision (a)(2), states that owner -
occupancy in the single-family residence in which the JADU will be permitted
shall not be required if the owner is another government agency, land trust, or
housing organization. The ordinance must be revised to align with
Government Code section 65852.22, subdivision (a)(2).
• 17.57.040 (L)(2)(o) — Open Space Requirement— The Ordinance states that
should construction of an ADU result in the loss of required open space, the
property owner shall provide equivalent replacement open space on site.
However, per Government Code section 65852.2, subdivision (c)(2)(C), the
City must allow for an ADU of up to at least 800 square feet, and with four -
foot rear and side yard setbacks to be built in the minimum required distance
area if this is the only allowable space. Also, local development standards
provided by the Ordinance pursuant to Government Code section 65852.2,
subdivisions (a) through (d), cannot preclude ADUs created under subdivision
(e). The City should clarify this requirement and add the clause, "However, no
local design standard, such as the open space requirement, shall preclude an
accessory dwelling unit of at least 800 square feet with a height limit of 18
feet and four -foot setbacks from being constructed."
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17.57.040 (L)(2)(p) — Oak Trees — The Ordinance states that the Oak Tree
Preservation Ordinance (Section 17.51.040) shall apply to the construction of
ADUs or conversion of structures to ADUs. However, Government Code
Section 65852.2, subdivision (a)(7), states that no other local ordinance,
policy, or regulation shall be the basis for the delay or denial of a building
permit or a use permit under this subdivision. A broad application of the Oak
Tree Preservation ordinance could conflict and limit ADU creation and violate
State ADU Law. Furthermore, Government Code section 65852.2, subdivision
(c)(2)(C), requires that local design standards cannot preclude the creation of
an 800 square foot ADU with four -foot side and rear setbacks. Therefore, the
City must remove this section.
17.57.040 (L)(2)(q) — Significant Ecological Areas — The Ordinance states that
the Significant Ecological Area (SEA) Overlay Zone (Section 17.38.080) shall
apply to ADUs. Section 17.38.080 of the City's municipal code states that the
SEA overlay zone applies to areas identified on the adopted SEA map on file
in the City, and any development including, but not limited to, grading permits,
building permits and land use entitlements, in an area as indicated on the
SEA map is subject to an SEA conformance review by the approving
authority. However, Government Code section 65852.2, subdivision (a)(1)(A),
states "the designation of areas [where ADUs are permitted] may be based
on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety." Any designation of an area
where ADUs are not permitted may not be made on an ad -hoc basis, but
rather must be designated and should be supported by the City's findings.
Lastly, local development standards or location constraints cannot preclude
an ADU built subject to Government Code section 65852.2, subdivision (e).
The City must remove this section or revise its language to only prohibit units
where the adequacy of water and sewer services are insufficient and the
impact of ADUs on traffic flow and public safety can be supported by findings.
17.57.040 (L)(2)(r) — Separate Sale — The Ordinance prohibits separate sale
of an ADU from its primary dwelling. However, Government Code section
65852.26 creates a narrow exception to allow separate conveyance of an
ADU to a qualified buyer if the property was built or developed by a qualified
nonprofit corporation, among other things. The City must revise the
Ordinance to allow for such an exception.
17.57.040 (L)(2)(t) — Exception Clause — The Ordinance creates a section that
exempts an 800 square foot unit with a height limit of 16 feet and four- foot
setbacks. However, this does not conform to the current text of Government
Code section 65852.2, subdivision (c)(2)(D), which permits a height limit on
such units of up to 18, 20 or 25 feet as provided in the subdivision. The
Ordinance must add language which prohibits jurisdictions from applying "any
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requirement for a zoning clearance or separate zoning review or any other
minimum or maximum size for an accessory dwelling unit, size based upon a
percentage of the proposed or existing primary dwelling, or limits on lot
coverage, floor area ratio, open space, front setbacks, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800
square foot accessory dwelling unit with four -foot side and rear yard setbacks
to be constructed in compliance with all other local development standards"
(Gov. Code, § 65852.2, subd. (c)(2)(C)).
17.57.040 (L)(3)(a) — Number— The Ordinance allows for one JADU in
combination with an ADU on a lot zoned for single-family residences. However,
Government Code section 65852.2, subdivision (e)(1), states that a local
agency shall ministerially approve an application to create any of the following
ADUs listed from subdivision (e)(1)(A) through (D). As further explained in the
most recent ADU Handbook of July 2022 on page 20, local jurisdictions must
allow these unit types in combination with one another. Therefore, the City must
amend the Ordinance to allow for a JADU, an ADU converted from space within
a proposed or existing primary dwelling or accessory structure and a detached
ADU of at least 800 square feet and four -foot side and rear setbacks.
• 17.57.040 (L)(3)(b)(i) — ADUs On Lots with Multifamily Dwellings — The
Ordinance states that in the event the construction of an ADU results in the
loss of the amenity required by ordinance or condition of approval, the
amenity shall be replaced prior to occupancy of the first ADU. However, the
Ordinance should clarify and define what "amenities" include. Local
development standards like amenity replacement required by the Ordinance
pursuant to Government Code section 65852.2, subdivisions (a) through (d),
cannot preclude ADUs created under Government Code section 65852.2,
subdivision (e). In addition, no other local ordinance, policy, or regulation shall
be the basis for the delay or denial of a building permit or a use permit under
this subdivision (Gov. Code, § 65852.2, subd. (a)(7)). Therefore, this section
of the Ordinance must be removed or revised.
17.57.040 (L)(3)(b)(i) and (L)(3)(b)(ii) — Unit Combination — The Ordinance
states that, for multifamily buildings, "...one of the two following categories of
accessory dwelling units are permitted" and "Attached accessory dwelling
units are not permitted on a lot that includes one or more detached accessory
dwelling units." This appears to prohibit the combination of units build subject
to Government Code section 65852.2, subdivisions (e)(1)(C), which refers to
conversions of existing space within the multifamily dwelling, and (e)(1)(D)
which allows for two detached ADUs. Government Code section 65852.2,
2 HCD ADU Handbook can be found here: https://www.hcd.ca.gov/sites/default/files/2022-
07/ADUHandbookUPdate.Pdf.
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subdivision (e)(1), states that a local agency shall ministerially approve an
application to create any of the following ADUs listed from subdivision
(e)(1)(A) through (D). As further explained in the most recent ADU Handbook
of July 2022 on page 20, local jurisdictions must allow these unit types in
combination with one another. Therefore, the City must amend the Ordinance
to allow for a combination of ADUs for multifamily dwellings.
17.57.040 (L)(3)(b)(ii) — Parking Requirements — The Ordinance states that
required parking, open space, or other amenities or site improvements
required by the condition of approval that are demolished to construct these
ADUs shall be replaced on site prior to occupancy of the first ADU. However,
the Ordinance should clarify and define amenities, and shall not require that
off street parking spaces be replaced when a garage, carport, or covered
parking structure is demolished in conjunction with the construction of an
ADU or converted to an ADU (Government Code section 65852.2, subdivision
(a)(1)(D)(xi)). Lastly, local development standards like amenity replacement
required by the Ordinance pursuant to Government Code section 65852.2,
subdivisions (a) through (d), cannot preclude ADUs created under
Government Code section 65852.2, subdivision (e). Therefore, the ADU
ordinance must be revised to remove the replacement requirements,
17.57.040 (L)(5) — Impact Fees — The Ordinance states that impact fees
imposed on ADUs shall be established by City Council resolution. However,
Government Code section 65852.2, subdivision (f)(3)(A), states that any
impact fees charged for an ADU of 750 square feet or more shall be charged
proportionately in relation to the square footage of the primary dwelling unit.
For clarity, the Ordinance must be revised to include the exemption of ADUs
less than 750 square feet from impact fees.
In response to the findings in this letter, and pursuant to Government Code section
65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply
with State ADU Law or adopt the Ordinance without changes. Should the City
choose to adopt the Ordinance without the changes specified by HCD, the City must
include findings in its resolution that explain the reasons the City finds that the
Ordinance complies with State ADU Law despite the findings made by HCD.
Accordingly, the City's response should provide a plan and timeline to bring the
Ordinance into compliance.
Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A),
if the City fails to take either course of action and bring the ordinance into compliance
with State ADU Law, HCD may notify the City and the California Office of the Attorney
General that the City is in violation of State ADU Law.
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HCD appreciates the City's efforts provided in the preparation and adoption of the
Ordinance and welcomes the opportunity to assist the City in fully complying with State
ADU Law. Please feel free to contact Molivann Phlong, of our staff, at
Molivann.Phlonq(a)hcd.ca.gov.
Sincerely,
Shannan West
Housing Accountability Unit Chief
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City of
SANTA GLARITA
23920 Valencia Boulevard • Santa Clarita, California 91355-2196
Phone: (661) 259-2489 • FAX: (661) 259-8125
www.santa-clarita.com
April 21, 2023
Shannan West, Housing Accountability Unit Chief
Department of Housing and Community Development
Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Subject: Response to Department of Housing and Community Development Review of
Santa Clarita's Accessory Dwelling Unit Ordinance
Dear Shannan West:
The City of Santa Clarita (City) is in receipt of your letter dated March 24, 2023, detailing the
California Department of Housing and Community Development's (HCD's) review of the City's
Accessory Dwelling Unit (ADU) ordinance, under state ADU law (Government Code Section
65852.2). The City appreciates the feedback provided by HCD and has responded to each of
HCD's comments below.
HCD Comment #1
17.42.010 — Parking Exemptions — The Ordinance lists the parking exemptions for ADUs
in the Residential Use Types table under "Parking". However, this list omits one
condition as stated in Government Code section 65852.2, subdivision (d)(1)(B): a local
agency shall not impose parking standards for an ADU when "[t]he accessory dwelling
unit is located within an architecturally and historically significant historic district." The
City should amend this section to address the omission.
City Response #1
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action. The City notes that this
standard was not previously mentioned in the ordinance because the City of Santa Clarita
does not include any designated architecturally and historically significant districts.
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HCD Comment 42
17.51.030 (C)(6)(a)(vii) — Landscape Standards for ADUs — The Ordinance states that
one (1) twenty-four (24) inch box tree shall be planted in the front or corner yard setback
of a unit if it is located along a street frontage. However, local development standards
provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions
(a) through (d), cannot preclude ADUs created under Government Code section 65852.2,
subdivision (e). While the City may award voluntary tree planting by providing
incentives, it may not make it a requirement. The City might consider creating or
modifying incentive programs to encourage tree planting. Accordingly, the City must
either remove the tree planting requirement from the Ordinance or clarify its incentives.
City Response #2
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #3
17.57.040 (L)(1)(a) — Locations of ADUs in Zones — The Ordinance states that ADUs
may be permitted only on parcels that are zoned to allow single-family or multifamily
dwelling residential use and that include a proposed or existing residential unit and
provides for zones allowing ADUs. Chapter 17.34 of the City's municipal code defines
the Community Commercial (CC) and Neighborhood Commercial (CN) Zones which
allow for multifamily dwellings. However, the Ordinance did not include these zones in
Section 17.42.010 when identifying zones permitting ADUs. Government Code section
65852.2, subdivision (a), permits ADUs in all areas zoned to allow single-family and
multifamily dwelling use. Hence, ADUs may be allowed in zones, such as agricultural,
commercial, or mixed -use zones wherever residential uses are allowed. Therefore, the
City must revise and include these zones to permit ADUs and should state in the
language that ADUs are permitted in any zone that allows residential or mixed use.
City Response #3
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #4
17.57.040 (L)(1)(b) —ADUs in High Fire Hazard Severity Zone — The Ordinance states
that where a lot or any portion is located in a high fire hazard severity zone (HFHSZ), an
ADU shall be prohibited on the lot unless it either fronts a highway and vehicles enter
directly from the highway, or it has two means of direct vehicular access to a highway
that meets certain requirements. The requirements listed under this section of the
Ordinance should be removed as they go beyond the scope of State ADU Law. Although
the Ordinance does not cite the statute, the City seems to be relying on Government Code
section 65852.2, subdivision (a)(1)(A), which states that a local agency may adopt an
ordinance that designates areas where ADUs may be permitted "based on the adequacy of
water and sewer services and the impact of accessory dwelling units on traffic flow and
public safety." Any limitations, by local ordinance, on where ADUs may be permitted
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must be based only on these narrow factors and should be accompanied by detailed
findings of fact explaining -why ADU limitations are required on the basis of these
factors.
Further, even if the City would provide adequate justification for this restriction on ADUs
under this subdivision, the City may not restrict ADUs that fall under subdivision (e), as
local development standards (such as an area restriction based on high fire hazard
severity designation) provided by the Ordinance pursuant to Government Code section
65852.2, subdivisions (a) through (d), cannot preclude ADUs created under Government
Code section 65852.2, subdivision (e). Therefore, the City must ministerially permit units
created pursuant to subdivision (e).
Finally, please note that the fire hazard severity zone maps prepared by California
Department of Forestry and Fire Protection (CAL FIRE)' were not intended to serve as a
development moratorium. Rather, these maps and corresponding hazard severity zones
are intended to be used for planning purposes and mitigation measures. Specifically,
development projects located in HFHSZs are required to conform with the stricter
building standards set forth in Chapter 7A of the California Building Code.
City Response #4
The City understands the state's desire to provide for and accommodate housing
throughout California. In accordance with this goal, the City has allowed for ADUs in
High Fire Hazard Severity Zones (HFHSZs) where sufficient access is provided to allow
for safe evacuation and emergency vehicle access. The City's regulations for the HFHSZ
are not a development moratorium, but instead regulate the location of ADUs based on
the impact of ADUs on traffic flow and public safety.
The City has a long and significant history of wildfire hazards, including but not limited
to incidents requiring immediate and large-scale evacuations. Examples of these incidents
include the 2016 Sand Fire, which burned more than 41,000 acres and prompted the
evacuation of 10,000 homes, and the 2019 Tick Fire, which triggered a mass evacuation
of 50,000 residents. The City remains deeply concerned that the proliferation of ADUs
could, without regulation, potentially double or even triple the number of units, and
thereby the number of residents and cars that require evacuation in an emergency. The
City's roadways are developed to handle the current density of existing neighborhoods,
and densification of these areas may lead to traffic jams and increased risk of injury and
loss of life as residents attempt to evacuate. The risk of property damage will also
increase as emergency crews struggle to gain access to the site of the fire on
overburdened roadways. The impact of additional density in these areas on evacuation
could mean the difference between life and death.
The City respectfully disagrees with HCD's contention that HFHSZ maps prepared by the
California Department of Forestry and Fire Protection (CAL FIRE) may not be used
regarding development. CAL FIRE states that the uses of Fire Hazard Severity Zones are
as follows: "The zones are used for several purposes including to designate areas where
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California's defensible space standards and wildland urban interface building codes are
required. They can be a factor in real estate disclosure, and local governments may
consider them in their general plan."' This indicates that, as your letter states, fire hazard
severity zones are intended to be used for planning purposes, as the City has used them to
plan for ADUs in regard to public safety and traffic flow.
If HCD contends that the City's methodology for regulating ADUs in the HFHSZ is not
sufficient, the City requests that HCD clarify what methodology should be used for
regulating ADUs based on public safety and traffic flow. Furthermore, the City
understands that HCD contends that ADUs falling under subdivision (e) of Government
Code Section 65852.2 cannot be regulated based on fire hazard concerns. The City
requests that HCD clarify whether it is the state's position that ADUs falling under
subdivision (e) of Government Code Section 65852.2 must be permitted, even if they
create a threat to public safety and/or traffic flow impact.
HCD Comment #5
17.57.040 (L)(2)(c) — Setbacks — The Ordinance states that ADUs shall comply with
corner and reverse corner setbacks unless it can be demonstrated that a four -foot side
setback does not create a safety hazard. However, Government Code section 65852.2,
subdivision (a)(1)(D)(vii), states: "a setback of no more than four feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is not converted from an
existing structure or a new structure constructed in the same location and to the same
dimensions as an existing structure." However, side lot line setbacks, established in
statute, apply to the street sides of a corner lot. Further, Government Code section
65852.2, subdivision (c)(1)(C), states that a local agency may not impose "Any
requirement for ... front setbacks that would not permit at least an 800 square foot
accessory dwelling unit with four- foot side and rear yard setbacks to be constructed in
compliance with all other local development standards." Therefore, the City must remove
this section or clarify that the provision applies to front setbacks only.
City Response #5
The corner and reverse corner setbacks identified in the City's Unified Development
Code (UDC) apply to all structures, not only ADUs, that may be constructed in a given
zone, and serve to ensure vehicles and pedestrians have sufficient sight lines while
traveling through neighborhoods. Construction of an ADU that does not meet these
setback requirements may create a hazard whereby a vehicle exiting or entering a
property may collide with another vehicle or pedestrian. As discussed above, this
regulation is in place to prevent impacts on public safety.
The City also notes that the UDC does identify two relief valves for ADU applicants
regarding this standard. First, as noted in HCD's letter, the UDC states that ADUs shall
comply with this setback "Unless it can be demonstrated that a four (4) foot side setback
' CAL FIRE 2023.
hitps•//osfm fire ca gov/media/gkmnIgic/2022-fhsz-faqs-ian-23-2023 pdf#2022 FHSZ Faqs (Jan 23 2023)
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does not create a safety hazard." In addition, the City's ordinance already acknowledges
that: "Notwithstanding the above requirements, this section shall not prohibit the
construction of an accessory dwelling unit of up to eight hundred (800) square feet that is
up to sixteen (16) feet in height with four (4) foot side and rear yard setbacks" (UDC
17.57.040(L)(2)(t)). Through the implementation of these code sections, the City
achieves HCD's goal of allowing for ADUs while ensuring that the City's public safety
concerns are addressed.
HCD Comment #6
17.57.040 (L)(2)(D) —Height — The Ordinance requires an "Adjustment Permit" for any
ADU in excess of 16 feet in height. This permit is not described in this Ordinance; it
appears to be a non -ministerial process. Moreover, be advised that height limits increased
as of January 1, 2023, with the passage of Senate Bill 897 (Chapter 664, Statues of 2022),
codified in Government Code section 65852.2, subdivision (c)(2)(D)(ii). As such, lot -
wide height minimum allowances are 18 feet and attached ADUs in most cases may be
up to 25 feet. The City must amend the Ordinance accordingly.
City Response #6
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
However, the City's ordinance was compliant with the height limits in place when the
ordinance was adopted (January 26, 2021) and submitted to HCD (February 17, 2021). In
addition, the City proactively issued a Director's Policy,2 which updates height limits in
accordance with Senate Bill 897. Since January 1, 2023, the City has permitted ADUs of
increased height in accordance with the new requirements of Senate Bill 897.
The City understands that state ADU laws permit the City to allow ADUs that exceed the
state's minimum ADU requirements. While the Adjustment Permit is discretionary, the
intent of the permit process is to allow for ADUs that exceed the state -mandated height
limits in situations where such increased height is appropriate. The Adjustment Permit
does not apply to any ADUs that meet the height standards most recently established in
Senate Bill 897.
HCD Comment #7
17.57.040 (L)(2)(h) — Rear Yard Coverage — The Ordinance states that ADUs shall count
as buildings for the purposes of calculating rear yard coverage. The City may impose
development standards such as the rear yard coverage; however, Government Code
section 65852.2, subdivision (c)(2)(C), states that the City must still accommodate for an
ADU of up to at least 800 square feet with four -foot rear and side yard setbacks. If this is
the only allowable space, the City must allow for the ADU to be built in the minimum
2 City of Santa Clarita, 2022
hLtps://www. santa-clarita.com/li ome/s Ii owpubl isheddocument/21749/63 807314602913 0000
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required distance area. The Ordinance must be revised to include "where feasible," which
will give more flexibility in language to accommodate an ADU of at least 800 square
feet.
City Response #7
The City understands that Government Code section 65852.2, subdivision (c)(2)(C)
requires the City to permit an ADU of up to at least 800 square feet with four -foot rear
and side yard setbacks. This has already been codified in the City's ordinance:
"Notwithstanding the above requirements, this section shall not prohibit the construction
of an accessory dwelling unit of up to eight hundred (800) square feet that is up to sixteen
(16) feet in height with four (4) foot side and rear yard setbacks." (UDC
17.57.040(L)(2)(t)). Nevertheless, the City will consider HCD's proposed revisions and,
if appropriate, recommend amendments for City Council consideration and possible
action.
HCD Comment #8
17.57.040 (L)(2)(k) — Distance Between Structures — The Ordinance states that a
detached ADU shall be located at least six (6) feet away from the exterior wall of the
primary dwelling unit. In addition, the Ordinance states that if detached ADUs share a
common roof structure (e.g., a breezeway, service porch, covered patio, etc.), the
breezeway or patio shall be at least six feet wide for safety purposes. The City may
impose development standards such as the distance between structures; however,
Government Code section 65852.2, subdivision (c)(2)(C), states that the City must still
accommodate for a detached ADU of up to at least 800 square feet, and with four -foot
rear and side yard setbacks to be built in the minimum required distance area if this is the
only allowable space. The Ordinance must be revised to include "where feasible," which
will give more flexibility in language to accommodate an ADU of at least 800 square
feet.
City Response #8
As described above, the City understands that Government Code section 65852.2,
subdivision (c)(2)(C) requires the City to permit an ADU of up to at least 800 square feet
with four -foot rear and side yard setbacks. As previously discussed, this has already been
codified as follows: "Notwithstanding the above requirements, this section shall not
prohibit the construction of an accessory dwelling unit of up to eight hundred (800)
square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard
setbacks." (UDC 17.57.040(L)(2)(t)). Nevertheless, the City will consider HCD's
proposed revisions and, if appropriate, recommend amendments for City Council
consideration and possible action.
HCD Comment 49
17.57.040 (L)(2)(n)(ii) — Residency Requirements — The Ordinance states that in
accordance with Government Code section 65852.22, owner -occupancy is always
required where a lot includes a Junior ADU (JADU). However, Government Code
section 65852.22, subdivision (a)(2), states that owner- occupancy in the single-family
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residence in which the JADU will be permitted shall not be required if the owner is
another government agency, land trust, or housing organization. The ordinance must be
revised to align with Government Code section 65852.22, subdivision (a)(2).
City Response #9
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #10
17.57.040 (L)(2)(o) — Open Space Requirement — The Ordinance states that should
construction of an ADU result in the loss of required open space, the property owner shall
provide equivalent replacement open space on site. However, per Government Code
section 65852.2, subdivision (c)(2)(C), the City must allow for an ADU of up to at least
800 square feet, and with four- foot rear and side yard setbacks to be built in the
minimum required distance area if this is the only allowable space. Also, local
development standards provided by the Ordinance pursuant to Government Code section
65852.2, subdivisions (a) through (d), cannot preclude ADUs created under subdivision
(e). The City should clarify this requirement and add the clause, "However, no local
design standard, such as the open space requirement, shall preclude an accessory
dwelling unit of at least 800 square feet with a height limit of 18 feet and four -foot
setbacks from being constructed."
City Response #10
As described above, the City understands that Government Code section 65852.2,
subdivision (c)(2)(C) requires the City to permit an ADU of up to at least 800 square feet
with four -foot rear and side yard setbacks. As previously discussed, this has already been
codified as follows: "Notwithstanding the above requirements, this section shall not
prohibit the construction of an accessory dwelling unit of up to eight hundred (800)
square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard
setbacks." (UDC 17.57.040(L)(2)(t)). Nevertheless, the City will consider HCD's
proposed revisions and, if appropriate, recommend amendments for City Council
consideration and possible action.
HCD Comment #11
17.57.040 (L)(2)(p) — Oak Trees — The Ordinance states that the Oak Tree Preservation
Ordinance (Section 17.51.040) shall apply to the construction of ADUs or conversion of
structures to ADUs. However, Government Code Section 65852.2, subdivision (a)(7),
states that no other local ordinance, policy, or regulation shall be the basis for the delay or
denial of a building permit or a use permit under this subdivision. A broad application of
the Oak Tree Preservation ordinance could conflict and limit ADU creation and violate
State ADU Law. Furthermore, Government Code section 65852.2, subdivision (c)(2)(C),
requires that local design standards cannot preclude the creation of an 800 square foot
ADU with four -foot side and rear setbacks. Therefore, the City must remove this section.
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City Response #11
As described above, the City understands that Government Code section 65852.2,
subdivision (c)(2)(C) requires the City to permit an ADU of up to at least 800 square feet
with four -foot rear and side yard setbacks. As previously discussed, this has already been
codified as follows: "Notwithstanding the above requirements, this section shall not
prohibit the construction of an accessory dwelling unit of up to eight hundred (800)
square feet that is up to sixteen (16) feet in height with four (4) foot side and rear yard
setbacks." (UDC 17.57.040(L)(2)(t)). However, the City's Oak Tree Preservation
ordinance states that:
"The City lies in the Santa Clarita Valley, the beauty and natural setting of which
is greatly enhanced by the presence of large numbers of majestic oak trees. These
indigenous oak trees are recognized for their significant historical, aesthetic and
environmental value. They are indicator species for the natural communities in
which they exist, supporting a broad spectrum of other native plant and animal
species. As one of the most picturesque trees in the Southern California area, they
lend beauty and charm to the landscape, enhance the value of property, and
preserve the character of the communities in which they exist. Development
within the Santa Clarita Valley has resulted in the removal of a great number of
oak trees. Further uncontrolled and indiscriminate destruction of this diminishing
plant heritage would detrimentally affect the general health, safety and welfare of
the citizens of Santa Clarita. The preservation program outlined in this section
contributes to the welfare and aesthetics of the community and retains the great
historical and environmental value of these trees. It shall be the policy of the City
to require the preservation of all healthy oak trees unless compelling reasons
justify the removal of such trees." (UDC Section 17.51.040(A)(1)).
Please clarify whether HCD's position is that the City's Oak Tree Preservation ordinance
cannot be applied to an accessory dwelling unit.
HCD Comment #12
17.57.040 (L)(2)(q) — Significant Ecological Areas — The Ordinance states that the
Significant Ecological Area (SEA) Overlay Zone (Section 17.38.080) shall apply to
ADUs. Section 17.38.080 of the City's municipal code states that the SEA overlay zone
applies to areas identified on the adopted SEA map on file in the City, and any
development including, but not limited to, grading permits, building permits and land use
entitlements, in an area as indicated on the SEA map is subject to an SEA conformance
review by the approving authority. However, Government Code section 65852.2,
subdivision (a)(1)(A), states "the designation of areas [where ADUs are permitted] may
be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety." Any designation of an area where
ADUs are not permitted may not be made on an ad -hoc basis, but rather must be
designated and should be supported by the City's findings. Lastly, local development
standards or location constraints cannot preclude an ADU built subject to Government
Code section 65852.2, subdivision (e). The City must remove this section or revise its
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language to only prohibit units where the adequacy of water and sewer services are
insufficient and the impact of ADUs on traffic flow and public safety can be supported by
findings.
City Response 912
The City would like to clarify that Significant Ecological Areas (SEAS) are neither
created nor implemented on an ad hoc basis, but rather were adopted and mapped in
coordination with the County of Los Angeles in the City's General Plan. The City's
General Plan Conservation and Open Space Element states that:
"The County first began to inventory biotic resources and identify important areas
of biological diversity in the 1970s. These biologically important areas, such as
the Santa Clara River, have historically been identified in the City's General Plan
and Santa Clarita Valley Area Plan. The primary mechanism used by the County
to conserve biological diversity is a planning overlay called Significant Ecological
Areas (SEA). SEAS are defined as ecologically important land and water systems
that are valuable as plant or animal communities, often important to the
preservation of threatened or endangered species, and conservation of biological
diversity in the County.... Conservation of the Valley's biotic diversity is the main
objective of the SEA Program, and connectivity between important natural
habitats plays an important role in maintaining biotic communities. The
preservation of large biologically diverse areas is also important because new
species may still be found within a few miles of major urban centers, such as the
Xylotrechus hovorei, a beetle recently discovered near the Placerita Nature
Center."3
The City requests that HCD clarify whether it is HCD's position that ADUs must be
permitted, even if their construction causes a negative impact on biological resources,
including but not limited to reduction of important habitat; takings of special -status
vegetation or wildlife, such as the California Gnatcatcher; or degradation of riparian
areas. If this is HCD's position and an ADU is permitted as required by state law on a
property within the SEA, the City will notify the applicant that they may be subject to
prosecution for any violations of federal or state laws regarding special -status species,
sensitive habitat, or other biological resources.
HCD Comment #13
17.57.040 (L)(2)(r) — Separate Sale — The Ordinance prohibits separate sale of an ADU
from its primary dwelling. However, Government Code section 65852.26 creates a
narrow exception to allow separate conveyance of an ADU to a qualified buyer if the
property was built or developed by a qualified nonprofit corporation, among other things.
The City must revise the Ordinance to allow for such an exception.
s City of Santa Clarita, Conservation and Open Space Element, June 2011, page CO-30.
https://www. codepublishing.com/CA/SantaClarita/html/SantaClaritaGP/6%20-
%20Conservation%20and%200pen%2OSpace%20EIement pdf
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City Response #13
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #14
17.57,040 (L)(2)(t) — Exception Clause — The Ordinance creates a section that exempts an
800 square foot unit with a height limit of 16 feet and four- foot setbacks. However, this
does not conform to the current text of Government Code section 65852.2, subdivision
(c)(2)(D), which permits a height limit on such units of up to 18, 20 or 25 feet as
provided in the subdivision. The Ordinance must add language which prohibits
jurisdictions from applying "any requirement for a zoning clearance or separate zoning
review or any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits on lot
coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either
attached or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit with four -foot side and rear yard setbacks to be constructed in compliance
with all other local development standards" (Gov. Code, § 65852.2, subd. (c)(2)(C)).
City Response #14
As described above, the City's ordinance was written in accordance with the existing state
law regarding ADU height in effect at the time of adoption, and the City today
implements the current applicable height standards. The City also feels that the original
text of this section of the ADU ordinance meets the state's intentions while being clear
and readable for both staff and the public.
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action. The City notes that
HCD's recommended language increases the complexity of this code section, and may
increase residents' difficulty in understanding the ADU ordinance.
HCD Comment #15
17.57.040 (L)(3)(a) — Number — The Ordinance allows for one JADU in combination
with an ADU on a lot zoned for single-family residences. However, Government Code
section 65852.2, subdivision (e)(1), states that a local agency shall ministerially approve
an application to create any of the following ADUs listed from subdivision (e)(1)(A)
through (D). As further explained in the most recent ADU Handbook of July 2022 on
page 20, local jurisdictions must allow these unit types in combination with one another.
Therefore, the City must amend the Ordinance to allow for a JADU, an ADU converted
from space within a proposed or existing primary dwelling or accessory structure and a
detached ADU of at least 800 square feet and four -foot side and rear setbacks.
City Response #15
The City disagrees with HCD's contention that up to four units must be permitted on a
property through this interpretation. HCD's ADU Technical Advisory Handbook, issued
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December 29, 2020, and current when the City's ordinance was adopted, clearly stated
that these ADU types need not be combined. In response to the question "Are local
agencies required to comply with subdivision (e)?" on page 15, the December 2020
Handbook reads: "The above four categories are not required to be combined. For
example, local governments are not required to allow (a) and (b) together or (c) and (d)
together. However, local agencies may elect to allow these ADU types together."
(emphasis added).
It appears that HCD has chosen to revise its interpretation of this section of Government
Code 65852.2 since the City's ordinance was adopted. The City contends that the
ordinance as adopted complies with the requirements of state ADU law. The application
of HCD's Technical Advisory Handbook would further impact all issue areas the City
has set out to protect, including but not limited to fire zones, SEAS, oak trees, and other
issues related to public safety and environmental degradation.
HCD Comment #16
17.57.040 (L)(3)(b)(i) — ADUs On Lots with Multifamily Dwellings — The Ordinance
states that in the event the construction of an ADU results in the loss of the amenity
required by ordinance or condition of approval, the amenity shall be replaced prior to
occupancy of the first ADU. However, the Ordinance should clarify and define what
"amenities" include. Local development standards like amenity replacement required by
the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through
(d), cannot preclude ADUs created under Government Code section 65852.2, subdivision
(e). In addition, no other local ordinance, policy, or regulation shall be the basis for the
delay or denial of a building permit or a use permit under this subdivision (Gov. Code, §
65852.2, subd. (a)(7)). Therefore, this section of the Ordinance must be removed or
revised.
City Response 416
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment 417
17.57.040 (L)(3)(b)(i) and (L)(3)(b)(ii) — Unit Combination — The Ordinance states that,
for multifamily buildings, "...one of the two following categories of accessory dwelling
units are permitted" and "Attached accessory dwelling units are not permitted on a lot
that includes one or more detached accessory dwelling units." This appears to prohibit the
combination of units build subject to Government Code section 65852.2, subdivisions
(e)(1)(C), which refers to conversions of existing space within the multifamily dwelling,
and (e)(1)(D) which allows for two detached ADUs. Government Code section65852.2,
subdivision (e)(1), states that a local agency shall ministerially approve an application to
create any of the following ADUs listed from subdivision (e)(1)(A) through (D). As
further explained in the most recent ADU Handbook of July 2022 on page 20, local
jurisdictions must allow these unit types in combination with one another. Therefore, the
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City must amend the Ordinance to allow for a combination of ADUs for multifamily
dwellings.
City Response 917
Refer to Response 415 above.
HCD Comment #18
17.57.040 (L)(3)(b)(ii) — Parking Requirements — The Ordinance states that required
parking, open space, or other amenities or site improvements required by the condition of
approval that are demolished to construct these ADUs shall be replaced on site prior to
occupancy of the first ADU. However, the Ordinance should clarify and define amenities,
and shall not require that off street parking spaces be replaced when a garage, carport, or
covered parking structure is demolished in conjunction with the construction of an ADU
or converted to an ADU (Government Code section 65852.2, subdivision (a)(1)(D)(xi)).
Lastly, local development standards like amenity replacement required by the Ordinance
pursuant to Government Code section 65852.2, subdivisions (a) through (d), cannot
preclude ADUs created under Government Code section 65852.2, subdivision (e).
Therefore, the ADU ordinance must be revised to remove the replacement requirements
City Response #18
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
HCD Comment #19
17.57.040 (L)(5) — Impact Fees — The Ordinance states that impact fees imposed on
ADUs shall be established by City Council resolution. However, Government Code
section 65852.2, subdivision (f)(3)(A), states that any impact fees charged for an ADU of
750 square feet or more shall be charged proportionately in relation to the square footage
of the primary dwelling unit. For clarity, the Ordinance must be revised to include the
exemption of ADUs less than 750 square feet from impact fees.
City Response #19
The City will consider HCD's proposed revisions and, if appropriate, recommend
amendments for City Council consideration and possible action.
This letter is intended to serve as the written response to HCD's findings letter. As identified
above, there are multiple comments on which the City requests clarification from HCD,
including but not limited to the regulation of ADUs in HFHSZs and SEAS. Upon resolution of
the issues discussed above, the City will be able to provide a plan and timeline to HCD for
bringing the ordinance into compliance, by either amending the ordinance to comply with State
ADU Law or adopting the ordinance without changes pursuant to Government Code section
65852.2, subdivision (h)(2)(B).
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The City worked diligently to prepare an ADU ordinance in full compliance with state law and
adopted the ordinance on January 26, 2021. While the ordinance has been in effect for over two
years, the City will continue to work in good faith with HCD to determine the best path forward
for the topics identified above and to comply with state ADU laws, while continuing to regulate
the unique characteristics that impact the development of housing in the City. The City
appreciates HCD's willingness to work with the City in resolving these outstanding issues.
Please feel free to contact Patrick Leclair, Planning Manager, at leclairgsanta-clarita.com and
Andy Olson, Associate Planner, at aolsongsanta-clarita.com.
Sincerely,
ti
Jason Crawford, AICP, Director of Community Development
cc: Joe Montes, City Attorney
Karl Berger, Assistant City Attorney
Patrick Leclair, Planning Manager
Andy Olson, Associate Planner
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2025 HCD
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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT e
651 Bannon Street, Suite 400
Sacramento, CA 95811 1
(916) 263-2911 / FAX (916) 263-7453 -a
www.hcd.ca.gov
December 10, 2025
Jason Crawford, Director of Community Development
Planning Department
City of Santa Clarita
23920 Valencia Blvd.,
Santa Clarita, CA 91355
Dear Jason Crawford:
RE: Review of Santa Clarita's Accessory Dwelling Unit (ADU) Ordinance under
State ADU Law (Gov. Code, §§ 66310 - 66342) and S139 Ordinance under State
S139 Law (Gov. Code, §§ 65852.21, 66411.7)
Thank you for submitting the City of Santa Clarita (City) ADU Ordinance (Ordinance)
No. 25-1 and the SB 9 Ordinance No. 22-2, adopted May 27, 2025, to the California
Department of Housing and Community Development (HCD). HCD has reviewed the
Ordinance consistency with State ADU Law and Senate Bill (SB) 9 Law. The
Department submits these written findings pursuant to Government Code section
66326, subdivision (a) and Government Code section 65585, subdivision 0).
HCD finds that the Ordinance fails to comply with State ADU Law and SB 9 in the
manner noted below. Pursuant to state law, the City has up to 30 days to respond to
these findings. Accordingly, the City must provide a written response to these findings
no later than January 9, 2025.
S139 Findings
Section 17.57.025 B. — Single SB9 Development — The Ordinance states, "For
purposes of [SB9 Unit Approvals] a two (2) unit residential development
contains two (2) residential units if the development proposes two (2) new units
or if it proposes to add one (1) new unit to one (1) existing unit."
This suggests that only the second primary dwelling constructed on a lot would
be considered an SB9 unit and thus eligible for review under SB 9. However,
Government Code section 65852.21, subdivision (a) states that, "A proposed
housing development containing no more than two residential units within a
single-family residential zone shall be considered ministerially, if the proposed
housing development meets all of the following requirements...". Therefore, SB 9
is applicable in a scenario where construction results in either one or two primary
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Jason Crawford, Director of Community Development
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dwelling units on a lot. Both the first and the second primary dwelling unit
constructed on a lot are eligible for SB 9. The Ordinance must be modified to
clarify that both first and second primary dwelling units, or up to two primary
dwelling units, are eligible for SB 9 processes and applicable development
standards.
2. Section 17.57.025 B.1 — 25% Existing Walls — The Ordinance states, "No more
than twenty-five percent (25%) of the existing exterior structural walls shall be
demolished to create the two (2) unit residential development..." This
requirement reflects outdated SB9 Law; with the adoption of SB 450 (Chapter
286, Statutes of 2024) the 25% demolition restriction has been removed. The
City must remove this stipulation from the Ordinance to become consistent with
SB 9.
3. Section 17.57.025 B.1, B.2 and 16.28.050 C - Maximum Size — The Ordinance
restricts duplex units and units on split lots to 800 square feet. However,
Government Code section 65852.21, subdivision (b)(3) states "A local agency
shall not impose objective zoning standards, objective subdivision standards,
and objective design standards that do not apply uniformly to development
within the underlying zone." There does not appear to be a size restriction on
residential development in the underlying zone, and therefore the size restriction
for SB 9 units must be removed.
4. Section 17.57.025 BA. — ADUs and Duplexes — The Ordinance states, "Neither
Accessory Dwelling Units nor junior accessory dwelling units shall be permitted
on a parcel if a two (2) unit development is proposed or has been approved."
However, Government Code section 65852.21, subdivision (b)(3) states, "A
local agency shall not impose objective zoning standards, objective subdivision
standards, and objective design standards that do not apply uniformly to
development within the underlying zone." A restriction on ADUs specific to
duplexes created under SB9 is inconsistent with this section and is a reduction
in the intensity of land use per Government Code section 66300, subdivision
(b)(1)(A). The City must remove this section.
5. Section 17.57.025 DA and 16.28.050 L. — Height— The Ordinance restricts SB
9 units to, "no more than one (1) story and shall not exceed sixteen (16) feet in
height... a second unit shall not be constructed as a second story on top of an
existing unit." However, the underlying height allowance is two stories and 35
feet [per 17.57.020 (C).] Therefore, this section is inconsistent with Government
Code section 65852.21, subdivision (b)(3) and section 66300, subdivision
(b)(1)(A) and must be removed from the Ordinance.
6. Section 17.57.025 D.B. — Owner Occupancy— The Ordinance states, "one (1) of
the dwellings on the lot must be the bona fide principal residence of at least one
(1) legal owner of the lot containing the dwelling, as evidenced at the time of
approval of the two (2) unit residential development... prior to issuance of a
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Jason Crawford, Director of Community Development
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building permit, the applicant shall provide evidence that... a covenant has been
recorded..." However, Government Code section 65852.21, subdivision (b)(3)
states, "A local agency shall not impose objective zoning standards, objective
subdivision standards, and objective design standards that do not apply
uniformly to development within the underlying zone." Owner occupancy does
not appear to be required in the underlying residential zoning, and therefore, the
City must remove this section.
7. Section 17.57.025 D.17. — Affordability Requirement — The Ordinance states, "At
least one (1) unit in a two (2) unit residential development shall be income
restricted for a period of fifty-five (55) years to provide for lower income
households..." As income restriction does not appear to be required in the
underlying residential zoning, the requirement is inconsistent with Government
Code section 65852.21, subdivision (b)(3) and City must remove this section.
8. Section 17.57.025 H. — Deed Restriction/Covenant— The Ordinance requires
that, "...the property owner shall record a two (2) unit residential development
covenant with the County Recorder's Office..." However, Government Code
section 65852.21, subdivision (b)(3) states, "A local agency shall not impose
objective zoning standards, objective subdivision standards, and objective
design standards that do not apply uniformly to development within the zone a
requirement that would constrain future unit development." Therefore, deed
restrictions and affordability covenants are inconsistent with SB 9 and must be
removed from the Ordinance.
9. Section 17.57.025 E. — Objective Design Standards — The Ordinance states,
"Any construction of a two (2) unit residential development shall comply with the
adopted two (2) unit residential development design standards." This appears
to refer to Section 17.57.020 and thereby applies underlying zoning standards.
However, the underlying zoning standards contain subjective standards (e.g.
Section 17.57.020 F, "shall reflect the character of surrounding homes") which
are inconsistent with the objective standards required by Government Code
section 65852.21, subdivision (b)(1) and 0)(2). The City must amend the
Ordinance to require only objective standards in the consideration of an SB 9
application.
10. Multiple Sections — Underlying Zoning Standard Inquiries — The Ordinance
applies the standards below to SB 9 unit development. However, Government
Code 65852.21 states that, "A local agency shall not impose objective zoning
standards, objective subdivision standards, and objective design standards that
do not apply uniformly to development within the underlying zone." These
standards do not appear to apply to the underlying zone and therefore must be
removed from the Ordinance:
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Section 17.57.025 C.S. — Fire Hazard Restrictions — "Where a lot or any
portion thereof is located in a high fire hazard severity zone, as defined
by the Los Angeles County Fire Department, a two (2) unit residential
development shall be prohibited on the lot unless it either fronts a
highway and vehicles enter directly from the highway (as defined in
Table C-2 of the General Plan Circulation Element), or it has two (2)
means of direct vehicular access to a highway that meet the following
requirements."
ii. Section 17.57.025 D.S. — Outdoor Space — "A minimum of six hundred
fifty (650) square feet of outdoor yard space shall be provided for each
unit in a two (2) unit residential development. Land required for front
yard setbacks, or occupied by buildings, driveways, or parking spaces
may not be counted in satisfying this outdoor space requirement."
iii. Section 17.57.025 D.12. — Sprinklers — "Two (2) unit residential
developments shall be required to provide fire sprinklers."
iv. Section 17.57.025 D.13. — Trash Collection — "Each unit in a two (2) unit
residential development shall be required to provide space for three (3)
ninety (90) gallon trash carts. Trash carts must be stored out of public
view from the street and may not be located within the required front
yard setback."
ADU Findings
Statutory Numbering - The Ordinance contains several references to code
sections that were deleted by SB 477, effective March 25, 2024. These include
Government Code sections 65852.2, 65852.22 and 65852.26. The contents of
these sections were relocated to Government Code, Title 7, Division 1, Chapter
13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance
to refer to the correct Government Code sections.
2. New ADU Legislation — Please note there is recent ADU Legislation that has
passed. The City County should review the changes made to State ADU Law,
as a result of this legislation. Assembly and Senate Bills (AB and SB) recently
passed affecting State ADU Law include:
• SB 9 (Chapter 510 Statutes of 2025)
• SB 543 (Chapter 520, Statutes of 2025)
• AB 130 (Chapter 22, Statutes of 2025)
• AB 462 (Chapter 491, Statutes of 2025)
• AB 1154 (Chapter 507, Statutes of 2025)
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3. Section 17.57.040 L.2.a.iii. — "Legally Built"— The Ordinance requires no
maximum size for converted units created in a "legally built accessory structure".
However, Government Code section 66323, subdivision (c) states, "A local
agency shall not require, as a condition for ministerial approval of a permit
application for the creation of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of nonconforming zoning conditions." Therefore,
units created in structures that the City does not consider "legally built accessory
structures" may not be precluded by a maximum size requirement. The City
must amend the Ordinance to exempt all conversions from size requirements.
4. Section 17.57.040 L.2.c. — Setbacks — The Ordinance states "All other setbacks
shall be subject to the underlying zoning. ADUs shall comply with corner and
reverse corner setbacks unless it can be demonstrated that a four (4) foot
setback does not create a safety hazard." There are two issues with this section
Government Code section 66321, subdivision (b)(3) prohibits "Any requirement
for a zoning clearance or separate zoning review [for] front setbacks... for
either attached or detached dwellings that does not permit at least an 800
square foot accessory dwelling unit with four -foot side and rear yard setbacks to
be constructed in compliance with all other local development standards." The
City must include an exception to front setbacks for units 800 square feet or
smaller.
Additionally, Government Code section 66314, subdivision (a)(7) states, "No
setback shall be required for an existing living area or accessory structure or a
structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion
of an accessory dwelling unit, and a setback of no more than four feet from the
side and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure." These
development standards reference only side and rear setbacks; the terms "corner
setback" and "reverse corner setback" do not appear in State ADU Law and
these terms may not be applied as a development standard. The City must
remove these terms from the Ordinance.
5. Section 17.57.040 L.2.f. — Parking Exception — The Ordinance creates parking
exceptions but omits reference to the conditions described in Government Code
section 66332, subdivision (a)(6): "[A local agency shall not impose any parking
standards for an ADU ...] When a permit application for an accessory dwelling
unit is submitted with a permit application to create a new single-family dwelling
or a new multifamily dwelling on the same lot, provided that the accessory
dwelling unit or the parcel satisfies any other criteria listed in this subdivision."
The City must add this exception to become consistent with State ADU Law.
Packet Pg. 79
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Jason Crawford, Director of Community Development
Page 6
6. Section 17.57.040 L.2.f.ii. — JADUs and Replacement Parking — The Municipal
Code states "replacement parking is required for the primary unit where a junior
accessory dwelling unit is constructed in an attached garage." However,
Government Code section 66334 states "A junior accessory dwelling unit
ordinance adopted pursuant to Section 66333 shall not require additional
parking as a condition to grant a permit." Therefore, the City must remove this
parking requirement.
7. Section 17.57.040 L.2.g. — Subjective Language — The Ordinance states
"Architecture of the accessory dwelling unit shall be compatible with that of the
primary dwelling unit..." However, Government Code section 66314, subdivision
(b) requires "objective standards on accessory dwelling units", which are defined
in section 66313, subdivision (i) as "standards that involve no personal or
subjective judgment by a public official and are uniformly verifiable by reference
to an external and uniform benchmark or criterion available and knowable by
both the development applicant or proponent and the public official prior to
submittal." The term "compatible" is subjective, which is inconsistent with State
ADU Law. The City must only include subjective standards in this section.
8. Section 17.57.040 L.2.1. — Sprinklers — The Ordinance states that ADUs "shall
not be required to provide fire sprinklers if fire sprinklers are not required for the
primary residence." Government Code section 66314, subdivision (d)(12)
expands on this to state "The construction of an accessory dwelling unit shall
not trigger a requirement for fire sprinklers to be installed in the existing primary
dwelling." The City must add language to provide for this requirement.
9. Section 17.57.040 L.2.n.i. — Owner Occupancy— The Ordinance states "Any
accessory dwelling unit, for which an application is submitted on January 1, 2025, or
later, shall be required to be on a lot that is owner -occupied." However, the owner
occupancy allowance that would have become permissible on January 1, 2025, was
removed from State ADU Law with the adoption of AB 976 (Chapter 751, Statutes of
2023). Current Government Code section 66315 states "Section 66314 establishes
the maximum standards that a local agency shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in Section 66314, shall
be used or imposed, including an owner -occupant requirement, except that a local
agency may require that the property may be used for rentals of terms 30 days or
longer." Therefore, the City must amend the Ordinance to remove references to
owner occupancy.
10. Section 17.57.040 L.21 — Exempt Unit Height — The Ordinance exempts local
development standards from precluding a unit "up to eight hundred (800)
square feet that is up to sixteen (16) feet in height." However, current
Government Code section 66321, subdivision (b)(3), as referenced above,
does not address height. Therefore, height allowances for attached ADUs must
Packet Pg. 80
1.d
Jason Crawford, Director of Community Development
Page 7
be the lesser of 25 feet or the height of the primary dwelling, as stated in
Government Code section 66321, subdivision (b)(4). The City must amend the
Ordinance to provide for the height allowances provided in Government Code
section 66321, subdivision (b)(4).
11. Section 17.57.40 L.3.b.ii. — Unit Mixture — The Ordinance states "Detached
accessory dwelling units are not permitted on a lot that includes one (1) or
more attached accessory dwelling units."
However, Government Code section 66323, subdivision (a), states,
"Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed -use to create any of the following: (1) One accessory dwelling unit and
one junior accessory dwelling unit per lot with a proposed or existing single-
family dwelling ... (A) The accessory dwelling unit or junior accessory dwelling
unit is within the proposed space of a single family dwelling or existing space of
a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne
detached, new construction, accessory dwelling unit that does not exceed four -
foot side and rear yard setbacks." The use of the term "any" followed by a list of
permitted ADU types indicates that any of these ADU types can be combined
on a lot zoned for single family dwellings.
This permits a homeowner to create one converted ADU; one detached, new
construction ADU; and one JADU. Thus, if the local agency approves an ADU
that is created from existing (or proposed) space, and the owner subsequently
applies for a detached ADU (or vice versa) that meets the size and setback
requirements of this section, the local agency cannot deny the application, nor
deny a permit for a JADU under this subdivision. This section also requires the
ministerial approval of detached ADUs in combination with units created in
portions of multifamily primary dwellings that are not used as habitable space.
Additionally, limiting the number of units to one type described in section 66323
would impermissibly constrain an application for a unit subject to section 66323
if a unit subject to section 66314 already exists on the lot. For example, if a new
construction detached unit with a size of 1,000 square feet is approved under
section 66314, this provision in the Ordinance would preclude the subsequent
ministerial approval of a new construction 800 square foot detached unit
subject to section 66323, subdivision (a)(2). Therefore, the City must amend
the Ordinance to allow both for all ADU combinations described in section
66323 and for at least one unit subject to section 66314 to be combined, in any
order, with any unit subject to Government Code section 66323.
12. Section 17.57.040 L.3.c. — Zoning Nonconformity— The Ordinance states,
"Multiple detached dwelling units (e.g., detached condominiums) on a lot shall
be treated as single-family residences for purposes of ADUs and shall be
Packet Pg. 81
1.d
Jason Crawford, Director of Community Development
Page 8
permitted one (1) ADU per lot, as described in this subsection (L)(3). Lots with
multiple detached single-family dwellings are not eligible to have JADUs.
"However, multiple single family dwellings on a single lot are considered a
zoning nonconformity for the purposes of State ADU Law. Government Code
section 66322, section (b) states "The local agency shall not deny an
application for a permit to create an accessory dwelling unit due to the
correction of nonconforming zoning conditions, building code violations, or
unpermitted structures that do not present a threat to public health and safety
and are not affected by the construction of the accessory dwelling unit." As
section 66323 describes categories of state -mandated units as being created
with either "single family primary dwellings" or "multifamily primary dwellings", a
lot with multiple single family dwellings would be eligible for one converted
ADU, one new construction detached ADU up to 800 square feet, and one
JADU per lot. The City must amend the Ordinance to remove this restriction.
The City has two options in response to this letter.' The City can either amend the
Ordinance to comply with State ADU Law2 or adopt the Ordinance without changes
and include findings in its resolution adopting the Ordinance that explain the reasons
the City believes that the Ordinance complies with State ADU Law despite HCD's
findings.3 If the City fails to take either course of action and bring the Ordinance into
compliance with State ADU Law, HCD must notify the City and may notify the
California Office of the Attorney General that the City is in violation of State ADU
Law.4
HCD appreciates the City's efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel
free to contact Mike Van Gorder at Mike.VanGorder(a)hcd.ca.gov if you have any questions.
Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
1 Gov. Code, § 66326, subd.
(c)(1).
2 Gov. Code, § 66326, subd.
(b)(2)(A).
3 Gov. Code, § 66326, subd.
(b)(2)(B).
4 Gov. Code, § 66326, subd.
(c)(1).
Packet Pg. 82
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SATA CLARITA
23920 Valencia Boulevard • Santa Clarita, California 91355-2196
Phone: (661) 259-2489 • FAX: (661) 259-8125
wtow. santa-clarita. com
January 7, 2026
Jamie Candelaria, Section Chief, ADU Policy
Housing Policy Development Division
Housing and Community Development
651 Bannon Street, Sacramento, CA 95811
Subject: Review of Santa Clarita's Accessory Dwelling Unit (ADU) Ordinance under State
ADU Law (Gov. Code, §§ 66310 — 66342) and SB9 Ordinance under State SB9 Law
(Gov. Code, §§ 65852.21, 66411.7)
Dear Ms. Candelaria:
The City of Santa Clarita (City) is in receipt of your letter, dated December 10, 2025, regarding the
City's Accessory Dwelling Unit (ADU) and Senate Bill 9 Ordinances (enclosed for reference). This
letter is in response to your request for a written response to your findings.
City staff is currently working to draft updates to the City's Municipal Code to address all of the
Department of Housing and Community Development's (HCD) findings and bring forward an
Ordinance for consideration by the Planning Commission and City Council.
The City does not have a date set for presenting the proposed updates to the Planning Commission
and City Council; however, City staff intends to bring a draft Ordinance for consideration as soon as
feasible, anticipated by July 1, 2026. It is expected that the draft Ordinance will take one to two
months to prepare. This will be followed by a required public hearing before the Planning
Commission and then a public hearing and two readings of the Ordinance before the City Council.
City staff will provide HCD with a progress update once the Ordinance has been scheduled for a
Planning Commission hearing.
Thank you for your assistance in this manner. We look forward to continuing to work with HCD
regarding ADU regulations. If you have any questions regarding this letter, I can be reached at
(661) 255-4969.
Sincerely,
��%U1
Jason Crawford, AICP
Director of Community Development
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Housing Element
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Santa Clarita - Housing Element June 2023
Program HP- 1.14: Sites Identified in Multiple Planning Periods:
Government Code § 65583 requires analysis and justification of the sites included in
the sites inventory of the City's Housing Element. The Housing Element may only
count non -vacant sites included in one previous Housing Element inventory and
vacant sites included in two previous Housing Elements if the sites are subject to a
program that allows affordable housing by right. Some sites within this Housing
Element were used in previous cycles, and this program is included to address the
by -right approval requirement. Per Government Code § 65583, the use by -right of
these sites during the planning period is restricted to developments in which at least
20 percent of the units in the development are affordable to lower income
households. This provision is valid on the condition that these sites have sufficient
water, sewer, and other dry utilities available and accessible, or that they are included
in an existing General Plan program or other mandatory program or plan to secure
sufficient water, sewer, dry utilities supply to support housing development.
Prior to the end of 2022, Community Development Department staff will provide a
pop-up "Notice" in Accela for each inventoried parcel subject to these requirements.
The Notice will prompt staff to not require a Conditional Use Permit application for a
residential development project on that site if at least 20% of the units are provided
as affordable. A training session will be held to ensure that all staff are aware of the
by -right allowances for projects providing at least 20% of units as affordable on these
specific sites. The Unified Development Code will be amended concurrent with the
Housing Element to ensure compliance with Government Code § 65583.2(c).
Timeline: Adopt code amendment with Housing Element. Set up Notice in
Accela prior to the end of 2022. Within the first three years of the
planning period, ensure staff receives training.
Ongoing.
Responsibility: Community Development Department
Funding: Departmental Budget
Program HP-2.1: Zoning Code Changes for Consistency with State Law
City staff will bring forward Municipal Code amendments to address recent changes
to state law. Specific Code amendments to ensure compliance include but are not
limited to the following:
• Transitional Housing: Allow transitional and supportive housing in all zone
districts that allow residential uses, subject to only those restrictions that
apply to other residential dwellings of the same type in the same zone. (SB
2, 2007)
• Supportive Housing: Supportive housing, as defined in Government Code
Section 65650, to be a by -right use in all zones where multifamily and
mixed -uses are permitted. (AB 2162)
Packet Pg. 85
Santa Clarita - Housing Element
1.e
June 2023
• Emergency Shelters: Review development standards for emergency shelters,
particularly Standard D, and revise to be objective (SB 2, 2007)
• Low Barrier Navigation Centers: to be a use by -right in zones where
multifamily and mixed -uses are permitted, including the nonresidential zones
where multifamily is permitted. (GC 65660)
• Employee and Agricultural Worker Housing: employee housing for six or
fewer employees is to be treated as a single-family structure and permitted
in the same manner as other dwellings of the same type in the same zone.
Employee housing consisting of not more than 12 units or 36 beds are to be
considered an agricultural use and permitted in the same manner as other
agricultural uses in the same zone (AB 1783)
• ADUs: Update Accessory Dwelling Unit Ordinance pursuant to HCD's ADU
Guidebook, including allowing such units by -right in all residential zones and
reduction of side and rear setbacks as well as to reflect changes in these laws
made by AB 3182, AB 68, and SB 13.
• Group Homes: Allow group homes for seven or more residents as a permitted
use in residential zones. Review current code requirements for all housing
types serving people with disabilities for consistency with fair housing laws
and make amendments as necessary, including ensuring the number of
parking spaces for residential care facilities do not exceed those of other
non -group home uses of the same form in the same zone.
• Design Review: Develop Objective Design and Development Standards for
multi -family and mixed -use projects, and integrate the standard conditions of
approval currently applied through the Development Review process into the
objective design and development standards for development projects with
residential components.
• Parking: Adopt the parking requirements for multifamily affordable housing
from Government Code Section 65915 into the Code to provide clear
standards and expectations for potential developers to use the reduced
parking requirements without the need to make a separate request.
Additionally, undertake a parking study and consult with not less than four
developers with local experience to identify the most appropriate parking
ratio and identify any constraints posed by the City's current parking
requirements for market rate multifamily development, especially as it
relates to 1 bedroom unit and studios. Based upon the outcome of this study,
amend the ordinance to mitigate any identified constraints by July 2025.
Timeline: Review by June 2023; Make necessary amendments to address
transitional housing, supportive housing, emergency shelter
standards, low barrier navigation centers, employee and
agricultural worker housing, ADUs, group homes, and parking
requirements for multifamily affordable housing by the end of 2023
Develop Objective Design and Development Standards by 2024
Undertake parking study and amend ordinance by July 2025
Responsibility: Community Development Department
Packet Pg. 86
1.e
Santa Clarita - Housing Element June 2023
Funding: Departmental Budget
Objective: Facilitate special needs housing, including transitional, supportive,
senior, group home, and affordable housing, for 700 households by
the end of the planning period. .,
Program HP-2.2: Updates to Administrative Procedures
Prior to the dates specified in each sub -program below, City staff will update the
following administrative procedures and materials:
• SB 35: The City will develop an SB 35 application process, including the pre -
application and the procedure that will be used to provide a streamlined
ministerial approval process to qualified residential and mixed -use
development projects. The written procedures and checklists shall be
developed and made available on the City's website no later than January 1,
2023.
• Development Fees and Transparency Requirements: The City will meet the
new transparency and development fees requirements of AB 602 and SB 319
by 1) posting all required information about development standards and fees
to an easily accessed location on the City's website by January 1, 2023; and
2) ensuring that new development impact fee studies and resulting fees
comply with the new AB 602 requirements for fee studies prior to initiation of
the next fees study in 2024.
• Fee Deferrals: The City will defer fee collection for residential developments
until final building inspection or issuance of the certificate of occupancy,
whichever occurs first, unless the requirements of Government Code
66007(b) have been met.
• Expedited Processing for Affordable Housing Projects: The City will continue to
expedite processing for affordable housing projects, including one -stop
preliminary review, concurrent application review, designation of a primary
contact, and fast -tracking of construction and grading plan review, permitting
and inspection. Promotion of the Expedited Processing program will occur as a
part of Program HP-2.10, the Proactive Outreach Program, to be initiated in
2023 and provided as ongoing throughout the 611 planning cycle.
• Parking handout: The City will create and publish explanatory documents to
delineate between the different parking requirements for different types of
multifamily housing projects and mixed -use projects as updated by AB 2345,
including those providing affordable units and those located close to transit.
• Design Review: The City will review and amend its design review
requirements to remove discretionary findings related to site suitability,
including Finding 4.
Timeline: SB 35 Procedures: July 1, 2023;
Fee Transparency: July 1, 2023;
Packet Pg. 87
1.f
04 gANTA QL
9
OG2O�D �5 DECEMO�� 001
APPLICATION
CITY OF SANTA CLARITA
COMMUNITY DEVELOPMENT DEPARTMENT
23920 Valencia Boulevard, Suite 302
Santa Clarita, CA 91355
PROJECT LOCATION
PROJECT APPLICANT
NOTICE OF PUBLIC HEARING
Master Case 26-011: Unified Development Code Amendment 26-001
Citywide
City of Santa Clarita
PROJECT DESCRIPTION: The City of Santa Clarita (City) is requesting amendments to Titles 16 and
17 of the Santa Clarita Municipal Code, commonly referred to as the Unified Development Code (UDC), to
address State housing legislation. The proposed amendments include amendments to the City's Accessory
Dwelling Unit (ADU) Ordinance, amendments to the City's two -unit development (also known as S139)
ordinance, and amendments to implement Housing Element Policy HP-2.1.
Therefore, the Planning Commission will conduct a public hearing on this matter on the following date:
DATE: Tuesday, March 17, 2026
TIME: At or after 6:00 p.m.
LOCATION: City Hall, Council Chambers
23920 Valencia Blvd., First Floor
Santa Clarita, CA 91355
A NOTICE OF EXEMPTION was prepared for the proposed project. The project is exempt from the
California Environmental Quality Act (CEQA) under Article 5 Section 15061(b)(3), the common-sense
exemption. The activity is covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
If you wish to challenge the action taken on this matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearings described in this notice, or written correspondence
delivered to the City of Santa Clarita at, or prior to, the public hearings. If you wish to have written
comments included in the materials the Planning Commission receives prior to the public hearing, those
comments must be submitted to the Community Development Department by Friday, March 6, 2026.
For further information regarding this proposal, you may contact the project planner, by appointment, at the
City of Santa Clarita, Permit Center, 23920 Valencia Blvd., Suite 140, Santa Clarita, CA 91355. Telephone:
(661) 255-4330. Website: www.santaclarita.gov/planning. Send written correspondence via email to
aolsongsantaclarita.gov, or by US mail to: 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355.
Project Planner: Andy Olson, Associate Planner.
Patrick Leclair
Planning Manager
Published: The Signal, February 24, 2026
Packet Pg. 88
NOTICE OF EXEMPTION
1.g
TO:
FROM:
[X] County Clerk City of Santa Clarita
County of Los Angeles Community Development
12400 E. Imperial Hwy., Rm. 2001 23920 Valencia Boulevard, Suite #302
Norwalk, CA 90650 Santa Clarita, CA 91355
[ ] Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
F 5NNTA OJ
O �9
� �5 9ECEM8�`P
DATE: [Date]
PROJECT NAME: 2026 Accessory Dwelling Unit Ordinance and Housing Law Updates
PROJECT APPLICANT: City of Santa Clarita, Department of Community Development
(Contact: Andy Olson; 661.255.4973)
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The City of Santa Clarita is updating the Santa Clarita Municipal Code
(SCMC), including text amendments to Chapter 16 (Subdivisions) and Chapter 17 (Zoning). The
proposed amendments include amendments to the City's accessory dwelling unit (ADU) ordinance,
amendments to the City's two -unit development (Senate Bill 9) ordinance, and amendments to implement
Housing Element Program HP-2.1.
This is to advise that the [ ] Director of Community Development [ ] Planning Commission [X] City
Council of the City of Santa Clarita has approved the above project on [DATE]. Review of the project by
the Department of Community Development found that the project is exempt from the provisions of the
California Environmental Quality Act.
EXEMPT STATUS: A Notice of Exemption was prepared for the proposed project. The project is exempt
from additional environmental review pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000, et
seq.) Section 15061(b)(3), the common sense exemption. The activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA.
Person or agency carrying out the project: City of Santa Clarita, Department of Community Development.
This is to certify that the Notice of Exemption with comments/responses and record of project approval is
available for public review at:
City of Santa Clarita
Community Development Department
23920 Valencia Boulevard, Suite 302
Santa Clarita, California 91355
(661)255-4330
Contact Person/Title: Andy Olson, Associate Planner
Signature:
Packet Pg. 89