THE CITY COUNCIL OF THE CITY OF BELVEDERE DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. State law effective January 1, 2017 reduces barriers to establishing Accessory Dwelling Units (“ADU”) and Junior Second Units (“JADU”), also known as Second Units, by measures such as reducing parking requirements, overriding specified municipal development standards, and changing requirements for fire sprinklers and utility fees.
B. In June, 2017, the Belvedere City Council adopted various amendments to the Municipal Code involving ADUs and JADUs in order to bring the Code into compliance with State law.
C. On October 11, 2017, Governor Brown signed new legislation updating and modifying State ADU and JADU law.
D. At a duly noticed public hearing on December 19, 2017, the Planning Commission recommend that the City Council amend the City’s Zoning Ordinance, Title 19 of the Belvedere Municipal Code related ADUs and JADUs in order to bring the Code into compliance with the new State law (the “Code Amendments”).
E. The City Council held a duly noticed public hearing on January 8, 2018 to consider the proposed Code Amendments.

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Recent State law effective January 1, 2017 reduces barriers to establishing Accessory Dwelling Units and Junior Second Units, also known as Second Units, by measures such as reducing parking requirements, overriding specified municipal development standards, and changing requirements for fire sprinklers and utility fees; and
B. Recent State law also encourages the establishment of Junior Accessory Dwelling Units by providing certain requirements that must be included in an ordinance if a local jurisdiction chooses to allow Junior Accessory Dwelling Units; and
C. The Planning Commission is responsible for providing a recommendation to the City Council for proposed Zoning Ordinance amendments pursuant to the Belvedere Municipal Code and Government Code section 65853 et seq.; and
D. The Planning Commission of the City of Belvedere desires to recommend that the City Council amend the City’s Zoning Ordinance, Title 19 of the Belvedere Municipal Code related to the Second Units and Junior Second Units, and other sections of the Municipal Code in order to bring the Code into compliance with the new State law (the “Code Amendments”);

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Second Units or Junior
Second Units may be located on any parcel zoned R-1 or R-15, or on any other residentially zoned parcel upon which is situated only one single-family residence.
B. A Second Unit or Junior Second Unit shall not be allowed where it will not be adequately served by roadways and/or public utilities and services, as determined by the City in its discretion. (Ord. 2016-5 § 7, 2016; Ord. 2003-4 § 3, 2003.)
19.78.050 Second Units—Permit required. A. It shall be unlawful for any person to construct or maintain a Second Unit on property within the City without obtaining a Second Unit Permit as required by this Chapter. The maintenance, ownership or use of any Second Unit except as permitted by this Chapter shall constitute a nuisance, subject to abatement at the direction of the City Council, or any other remedy provided by this Code.
B. 1. Notwithstanding any other provision of this Code, any Second Unit Permit application that meets all of the location and development standards contained in this Chapter shall be approved ministerially, without complying with the design review requirements of this Code, and without any other discretionary review or public hearing.
2. An application for a Second Unit Permit that does not meet all of the location and development standards contained in this Chapter shall be denied. Provided, however, that an application for a Second Unit Permit that does not meet all of the location and development standards contained in this Chapter may be submitted for approval by the Planning Commission, but shall be accompanied by an application for Design Review approval of the entire project pursuant to Title 20 of this Code, and by such applications as may be required under Title 19 for any Second Unit standards that are not met.

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