State law requires that Accessory Dwelling Units (ADUs) be allowed on a property that already has or allows residential. The Smoky Hollow Specific Plan (SHSP) does not currently allow residential uses. However, several properties in the Plan Area are legally developed with residential units built prior to the adoption of the SHSP and the property continues to be used for residential purposes. These properties are considered legal non-conforming residential lots and uses in the SHSP area (uses permitted previously when built, but are no longer allowed).
ADUs are allowed in the SHSP area only on those properties that are legally developed with a permitted residential structure and is being used for residential purpose. Conversely, if there is no legally established residence on the property, then an ADU cannot be constructed.