(a) Purpose
The purpose of this section is to establish regulations and procedures for reviewing permitting Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with California Government Code Sections 65852.2 and 65852.22, or any successor statute.
(b) Definitions
Accessory Dwelling Unit (ADU) - A dwelling unit that is either attached to, detached from, or contained within the principal dwelling unit located or proposed on a site zoned for residential use.
Accessory Structure - A structure that is located on the same lot as the primary dwelling. An accessory structure may be either attached or detached from the primary dwelling and must have a use that is incidental to the main use. Examples of residential accessory uses include, but are not limited to, storage sheds, garages, studios.
Attached ADU - An accessory dwelling unit created by new construction that is attached to the primary dwelling unit by a shared wall, floor, or ceiling. Attached ADUs cannot be constructed in a multi-family project.
By-right - Zoning allows development to proceed without the need for a discretionary permit including but not limited to a conditional use permit, variance, or zoning amendment.
Car Share Vehicle - Car sharing organizations offer members use of cars on a short-term basis.
Converted ADU - An accessory dwelling unit created by the conversion of existing floor area within either the primary dwelling unit or an accessory structure or by total replacement of an existing accessory structure with an ADU.
Detached ADU - An accessory dwelling unit located on the same parcel and is created by new construction that is detached, or separate from, the primary dwelling unit. Detached ADUs may be constructed on single-family parcels or multi-family properties.
Efficiency Kitchen - For purposes of establishing a JADU, an efficiency kitchen shall be defined as area that shall include a sink, food preparation counter and food storage area. A plug-in food preparation, such as a microwave or hot plate, may also be provided.
Existing Building Envelope - The existing walls and roofs of a dwelling that separate interior space for exterior space. A space enclosed by at least two (2) walls and a roof is within the existing building envelope.
Junior Accessory Dwelling Unit (JADU) - A dwelling unit accessory to and entirely contained within an existing or proposed single-family dwelling. A JADU may have a bathroom or may share a bathroom with the primary dwelling unit.
Kitchen - An area that includes a cooking appliance, sink, refrigerator and food preparation and storage area.
Minor Variance - Defined in Adelanto Municipal Code Section 17.140, a minor variance to specific development standards may be approved by the Development Services Director.
Multi-family Dwelling - An existing building that contains more than one dwelling unit and is located within a zoning district that allows multi-family dwellings.
Primary Dwelling Unit - May be any of the following: an existing single-family dwelling, a proposed single-family dwelling, or an existing multi-family structure.
Proposed Dwelling - A dwelling that has applied for a permit and that meets the requirements for permitting.
Public Transit - A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public.
Tandem Parking - When two (2) or more vehicles are parked lined up one behind the other.
Underlying Zoning - The zoning district in which a parcel is located on the City of Adelanto Zoning Map or within a specific plan.
(c) Applicability
Any construction, establishment, alteration, enlargement, or modification of an ADU or a JADU shall comply with the requirements of this chapter and the City’s building and fire codes. An ADU or JADU shall be deemed:
(1) Consistent with the general plan designation and zoning for the parcel on which the ADU or JADU is located.
(2) Within the allowable density for the parcel on which the ADU or JADU is located.
(d) Review Authority
(1) Building Permit Approval; Compliance with Underlying Zoning. ADUs and JADUs that meet the applicable development standards described in this chapter and the requirements of the underlying zoning shall be approved by building permit review.
(2) Minor Variance Approval. An ADU that exceed the maximum height standards may be permitted subject to approval of a minor variance if the proposed unit meets the standards outlined in Chapter 17.140 and it can be demonstrated that the proposed ADU is designed so that it does not negatively impact the neighboring properties.
(3) Ministerial Review. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing.
(4) Timelines. The City shall act on an application to create an ADU or JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU unit or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or Junior ADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved.
(e) Location
(1) ADUs and JADUs are permitted on sites that have a proposed or existing primary dwelling unit and with underlying zoning that allow single-family homes by-right or conditional use.
(2) ADUs are permitted on sites that have a proposed or existing multi-family residences and with underlying zoning districts that allow multi-family homes by-right.
(3) JADUs are not permitted on sites where a portion of the primary dwelling has been converted to an ADU.
(4) JADUs are not permitted on sites with multi-family projects.
(f) Development Standards for All ADUs
Except as modified by this Chapter, all ADUs shall conform to the requirements of the underlying residential zoning district and the Zoning Code in addition to the standards listed below. JADUs shall also be subject to these standards.
(1) Minimum Lot Area. Shall be determined by the underlying zoning as long as it does not prohibit construction of an ADU or JADU as described in this Section 17.20.080.
(2) Building Height. Shall not exceed sixteen (16) feet unless the proposed ADU is within the existing building envelope or permitted by minor variance approval.
(3) Minimum Unit Size. Must have a minimum of one hundred fifty (150) square feet floor area as provided in Health and Safety Code Section 17958.1.
(4) Setbacks.
a. Front yard. Determined by underlying zone.
b. Side and Rear yards. Minimum four (4) feet or underlying zone, whichever is less.
c. When a property is adjacent to an alley, the side or rear yard setback may be reduced with a minor variance approval.
(5) Architectural Design. The architectural design of the ADU shall be compatible with the architectural style and materials used in the primary dwelling.
(6) Exterior Entrance. All units must have an entrance separate from the primary dwelling entrance.
(7) Garage Doors. When garages are converted to ADUs or JADUs the garage door for vehicles must be replaced with a wall that matches the existing architecture.
(8) Bathroom. A separate bathroom is required.
(9) Kitchen. A kitchen area is required.
(10) Fire Sprinklers. Fire sprinklers are required when the primary dwelling unit has fire sprinklers.
(11) Underlying Zoning Standards. Lot coverage, distance requirements between structures and other standards established by the underlying zoning may be applied so long as the application of the requirements do not prohibit construction of an ADU with a floor area that is eight hundred (800) square feet or less, or a peak height above grade that is no more than sixteen (16) feet, or with side and rear yard setbacks that are no less than four (4) feet.
(12) No passageway shall be required between the primary dwelling and the ADU or JADU.
(g) Specific Development Standards for Single-Family - Attached ADUs
In addition to the development standards outlined in Section 17.20.080(f), attached ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of Units on a Site. No more than one (1) primary dwelling unit and one (1) attached ADU are permitted.
(3) Maximum Unit Size. The attached ADU shall have an area no more than fifty percent (50%) of the floor area in the primary dwelling.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(4) Parking Requirements. Except as provided in Section 17.20.080(l), one (1) parking space shall be required.
(h) Specific Development Standards for Single-Family - Detached ADUs
In addition to the development standards outlined in Section 17.20.080(f), detached ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of Units on a Site. No more than one (1) primary dwelling unit, one detached ADU and one JADU are permitted.
(3) Maximum Unit Size.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(4) Parking Requirements. Except as provided in Section 17.20.080(l), one (1) parking space shall be required.
(i) Specific Development Standards for Single-Family - Converted ADUs
In addition to the development standards outlined in Section 17.20.080(f), converted ADUs shall comply with the following standards.
(1) Zoning. ADUs and JADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of Units on a Site. No more than one (1) primary dwelling unit and one (1) converted ADU. No JADUs are permitted.
(3) Maximum Unit Size. The attached ADU shall have an area no more than fifty percent (50%) of the floor area in the primary dwelling.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(4) Building Envelope. The converted ADU must be constructed within the existing floor area of the primary dwelling.
(5) Additional Floor Area. Building envelope may be increased by up to one hundred fifty (150) square feet to accommodate a new entrance to the converted ADU.
(6) Parking Requirements
a. Primary Dwelling. When a garage is converted to an ADU, the parking for the primary dwelling does not have to be replaced.
b. ADU. None.
(j) Specific Development Standards for JADUs
In addition to the development standards outlined in Section 17.20.080(f), JADUs shall comply with the following standards.
(1) Zoning. JADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of JADUs on a Site. One (1).
(3) Maximum Unit Size. The maximum floor area of a JADU shall not exceed five hundred (500) square feet.
(4) Building Envelope. The JADU must be constructed within the existing building envelope of the primary dwelling.
(5) Additional Floor Area. Building envelope may be increased by up to one hundred fifty (150) square feet to accommodate a new entrance to the JADU.
(6) Exterior Entrance. JADU must have an entrance separate from the primary dwelling entrance.
(7) Parking Requirements. None.
(k) Specific Development Standards for ADUs in Multi-Family Sites
In addition to the development standards outlined in Section 17.20.080(f), multi-family ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed on residential and mixed use zoned properties with existing or proposed multi-family dwellings.
(2) Maximum Number of Units
a. Converted units - at least one (1) and no more than twenty-five percent (25%) of the existing number of units.
b. Detached units - two (2).
(3) Location
a. Site must have an existing or proposed multi-family structure; and
b. ADUs must be located within portions of the structure that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, and garages.
(4) Multi-Family Sites. The number of new multi-family units permitted in a multi-family project shall not exceed twenty-five percent (25%) of the existing multi-family units and shall be calculated in the following manner:
a. Previously approved ADUs shall not count towards the existing multi-family dwellings;
b. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) ADU shall be permitted; and
c. Multi-family projects approved and built as a single complex shall be considered one lot, regardless of the number of parcels or buildings.
(5) Maximum Unit Size.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(6) Type of ADUs
a. Permitted. Converted or detached ADUs.
b. Prohibited. Attached ADUs and JADUs.
(7) Parking Requirements. Except as provided in Section 17.20.080(l), the parking requirements shall be as follows:
a. Converted units - none.
b. Detached units - one (1) per ADU.
(l) Parking Standards
(1) Parking Requirements. Parking shall comply with Section 17.65.040, except as modified by the requirements of this Chapter.
a. Unless the requirement is exempted or waived by other provisions of this Chapter, each ADU shall have one (1) designated off-street parking space.
b. Tandem parking and parking within the rear and side yard setbacks are permitted unless findings can be made by City staff demonstrating that the design or location would create dangerous life or fire safety conditions.
c. When a garage or carport is demolished or converted to an ADU, replacement parking is not required.
(2) Parking Not Required. ADUs do not need to provide parking when one (1) of the following standards is met.
a. The property is within one-half (1/2) mile walking distance of public transit.
b. The ADU is within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a carshare vehicle located within one (1) block of the ADU.
(m) Operational Requirements for All ADUs and JADUs
(1) No Separate Conveyance
a. Single-Family ADUs and JADUs. Except as otherwise provided in Government Code Section 65852.26, an ADU or JADU may be rented separate from the primary dwelling, but may not be sold or otherwise conveyed separately from the lot and the primary dwelling multi-family ADUs. Except as otherwise provided in Government Code Section 65852.26, an ADU or JADU may be rented separate from the primary dwelling, but may not be sold or otherwise conveyed separately from the lot and the primary dwelling.
(2) Short-Term Lodging. An ADU or JADU permitted by this Chapter shall not be rented for periods of thirty (30) days or less.
(3) Deed Restriction and Recordation. Prior to issuance of a building and/or grading permit for an ADU, the property owner shall record a deed restriction with the County Recorder’s office, the form and content of which is satisfactory to the City Attorney. This deed restriction shall remain in effect so long as the ADU and/or JADU remains on the lot. The deed restriction document shall notify future owners of the following:
a. Prohibition on the separate conveyance of the property, except as otherwise provided in Government Code Section 65852.26;
b. Approved size and attributes of the units or units; and
c. Restrictions on short-term rentals.
(n) Development Impact Fees
(1) Single-Family ADUs. ADUs up to seven hundred fifty (750) square feet are exempt from impact fees. ADUs that are seven hundred fifty (750) square feet or larger shall be subject to impact fees that are proportional in size (by square foot) to those for the primary dwelling unit and in all cases the impact fee must be less than the primary dwelling unit, per Government Code Section 65852.2, subsection (f)(3) as may be amended. Proportionate in size means the square foot amount that corresponds to the total square foot amount of the primary dwelling unit (for example, a two thousand (2,000) square foot primary dwelling with a proposed one thousand (1,000) square foot ADU would result in fifty percent (50%) of the impact fee that would be charged for a new primary dwelling on the same site).
(2) Multi-Family ADUs. For ADUs that are seven hundred fifty (750) square foot or larger on a lot with a multi-family dwelling, the proportionality share of impact fees shall be based on the average square footage of the units within that multi-family dwelling structure.
[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15; Ord. No. 627, Exhibit C, 6/22/22.]