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16.333.050 PERMIT PROCEDURES

A.     Permits

With the exception of legal nonconforming accessory dwelling units described in Section 16.333.030.B above, all accessory dwelling units and all junior accessory dwelling units require an accessory dwelling unit permit. The applicant shall also obtain a building permit as required by the City’s Building and Construction Codes set forth in Title 15 and record a deed restriction as provided in Section 16.333.070.

B.     Application Processing

An application for an accessory dwelling unit or a junior accessory dwelling unit permit shall be made on forms provided by the Department of Community Development and be submitted with any applicable fees. The application shall include all information needed to determine compliance with this chapter. The application fee shall be established by resolution of the City Council.

C.    Review

1.     The Community Development Director or designee will review and approve complete applications for accessory dwelling unit permits for compliance with the requirements of this chapter. The accessory dwelling unit permit application shall be considered ministerially without any discretionary review or a public hearing.

2.     The Community Development Director or designee shall approve an application within 60 days after receiving a complete application if the proposed accessory dwelling unit complies with the requirements of this chapter. Prior to issuance of any building permits relating to the accessory dwelling unit, the applicant shall record the deed restriction described in Section 16.333.070.

3.     While it is not necessary for the City to provide notice that it has received an application for an accessory dwelling unit permit to owners of surrounding properties, the City shall provide notice that it has approved an accessory dwelling unit permit to the applicant and, as a courtesy, to the owners of adjacent properties within five days of the approval.

4.     Except as otherwise provided in this chapter and subject to Government Code Section 65852.2(f), the construction of an accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

5.     Revocation

a.     Subject to Government Code Section 65852.2(n), the Building Official or his or her designee may revoke an accessory dwelling unit permit if the accessory dwelling unit violates one or more requirements of this chapter.

The Building Official or designee shall provide written notice of the decision to revoke the accessory dwelling unit permit to the property owner by certified mail with return receipt requested.

b.     Within 21 days of the deposit of the notice of the decision to revoke the accessory dwelling unit permit in the United States mail, the property owner and/or occupant may request a hearing before the Community Development Director. If the City receives a timely request for a hearing in accordance with this Section 16.333.050.C.5.b, the decision to revoke shall be stayed until the hearing is concluded and the Director has made his or her determination. If the City does not receive a request for a hearing within 21 days, the revocation of the accessory dwelling unit permit shall be final.

c.     If, after a hearing, the Director of Community Development affirms the revocation of the accessory dwelling unit permit, the property owner and/or occupant may appeal the Director’s decision to the Planning Commission in accordance with Chapter 16.321. If the City receives a timely request for a hearing in accordance with Chapter 16.321, the decision to revoke shall be stayed until the hearing is concluded and the Planning Commission has made its determination.

d.     If, after a hearing, the Planning Commission affirms the revocation of the accessory dwelling unit permit, the property owner and/or occupant may appeal the Planning Commission’s decision to the City Council in accordance with Chapter 16.321. If the City receives a timely request for a hearing in accordance with Chapter 16.321, the decision to revoke shall be stayed until the hearing is concluded and the City Council has made its determination. Such decision by the Council shall be final.

e.     If an accessory dwelling unit permit is revoked, the property owner shall, within 60 days, remove the kitchen facilities from the unit space, and shall not rent the unit except together with the primary residence to a single household. (20-02; 19-07)