(A) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Cal. Gov’t Code §§ 65852.2 and 65852.22.
(B) Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) below.
(C) Definitions. As used in this section, terms are defined as follows:
(1) ACCESSORY DWELLING UNIT or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is either 1) located on a lot with a proposed or existing primary residence, or 2) located in the IH Overlay District. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and
(b) A manufactured home, as defined by Cal. Health and Safety Code § 18007.
(2) ACCESSORY STRUCTURE means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) COMPLETE INDEPENDENT LIVING FACILITIES means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) COTTAGE means a small detached residential structure. A COTTAGE may be one detached accessory dwelling unit or two accessory dwelling units attached to one another (i.e., creating a duplex or two-family dwelling).
(5) COTTAGE COMMUNITY means a cluster of no fewer than three cottages (which can range from three units if each cottage is a single ADU to six units if each cottage is a two-family dwelling) that interact together as a small community and are designed with a coherent concept. COTTAGE COMMUNITIES are their own category of residential facilities and are not considered single-family or multiple-family dwellings. An existing or proposed single-family or multiple-family dwelling is not required in order to develop a cottage community.
(6) EFFICIENCY KITCHEN means a kitchen that includes each of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter or counters that total at least 15 square feet in area.
(c) Food storage cabinets that total at least 30 square feet of shelf space.
(7) JUNIOR ACCESSORY DWELLING UNIT or JADU means a residential unit that satisfies all of the following:
(a) Is no more than 500 square feet in size.
(b) Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(c) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(d) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(e) Includes an efficiency kitchen, as defined in subsection (C)(6) above.
(8) KITCHEN means any room or space within a building designed to be used or maintained for the cooking and/or preparation of food. Kitchens shall contain at least 15 square feet of food preparation counter space, 30 square feet of food storage space, a sink, a refrigerator, and either a cooktop and oven or a range.
(9) LIVING AREA means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(10) NONCONFORMING ZONING CONDITION means a physical improvement on a property that does not conform with current zoning standards.
(11) PASSAGEWAY means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(12) PROPOSED DWELLING means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(13) PUBLIC TRANSIT means 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.
(14) QUALIFIED NONPROFIT CORPORATION means an entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Cal. Revenue and Taxation Code § 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(15) TANDEM PARKING means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(16) TENANCY IN COMMON means a legal arrangement in which two or more parties, known as tenants in common, share ownership of real estate property or land. Each owner may control an equal or different percentages of the total property.
(D) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only. If an ADU or JADU complies with each of the general requirements in division (E) below, it is allowed with only a building permit in the following scenarios:
(a) Converted on single-family lot:One ADU and one JADU per lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
2. Has exterior access that is independent of that for the single-family dwelling.
3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
4. The JADU complies with the requirements of Cal. Gov’t Code § 65852.22.
(b) Small detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any ADU or JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies the following limitations:
1. The side- and rear-yard setbacks are at least four feet.
2. The total floor area is 800 square feet or smaller.
3. The maximum height above grade is does not exceed the applicable height limit in division (E)(2) below.
4. ADUs in the front yard shall not obstruct the clear vision zones required in § 9-5.1101 unless the only physically feasible location for the ADU requires obstructing the clear vision zone.
(c) Converted on multifamily lot: Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph.
(d) Detached on multifamily lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
1. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
2. The maximum height above gradedoes not exceed the applicable height limit in division (E)(2) below.
(2) ADU permit.
(a) Except as allowed under subsection (1) above, no ADU, including a new-construction, detached ADU over 800 square feet or a new-construction attached ADU, may be created without a building permit and an ADU permit in compliance with the standards set forth in divisions (E) and (F) below.
(b) The ADU permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
(3) Cottage community permit. Multiple ADUs are allowed as cottage communities in the IH Overlay District. See § 9-5.3850, Innovative Housing Overlay District, for the applicable standards and procedures.
(4) Process and timing.
(a) ADU permits, including cottage community permits, are considered and approved ministerially, without discretionary review or a hearing.
(b) The city must deny or approve an application to create an ADU, JADU, or cottage community within 60 days from the date that the city receives a completed application, and in the absence of a denial or approval within 60 days, the applications will be deemed approved, unless either:
1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
2. In the case of an ADU or JADU and the application to create an ADU or 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 JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(c) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by division (D)(4)(b) above.
(d) Demolition permits for a detached garage that is to be replaced with an ADU shall be reviewed concurrently with the ADU application and issued at the same time as the ADU permit. No written notices or signs for demolition of the detached garage are required, unless the property is located within an architecturally and historically significant historic district.
(E) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:
(1) Zoning.
(a) An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
(b) An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(2) Height. For the purposes of this division (E)(2), height is measured above existing legal grade to the peak of the structure.
(a) Except as otherwise provided by divisions (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
(b) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Cal. Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(c) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(d) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this division (E)(2)(d) may not exceed two stories.
(3) Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.
(5) (a) Separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as allowed below.
(b) ADUs may be sold or separately conveyed to low- or moderate-income persons and families when the ADU or primary dwelling was developed or built by a qualified nonprofit corporation and the property is part of a recorded tenancy in common agreement, pursuant to Cal. Gov’t Code § 65852.26.
(6) Owner occupancy.
(a) All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created.
(b) An ADU that is created after that date is not subject to any owner-occupancy requirement.
(c) All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(7) Building and safety.
(a) Must comply with building code. Subject to division (E)(7)(b) below, all ADUs and JADUs must comply with all local building code requirements.
(b) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Cal. Building Code § 310, unless the building official or a code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this division (E)(7)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(8) Parking. No parking is required for an ADU or JADU unless an ADU permit is required under subsection (D)(2) above and the ADU requires parking as described in subsection (F)(5) below.
(F) Specific ADU requirements for ADU permits. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above.
(1) Maximum size.
(a) The maximum size of a detached or attached ADU subject to this division (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms.
(b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(c) Application of other development standards in this division (F) might further limit the size of the ADU, but no application of lot coverage limits or front setback requirements may require the ADU to be less than 800 square feet.
(2) Lot coverage. No ADU subject to this division (F) may cause the total lot coverage of the lot to exceed 60 percent, subject to division (F)(1)(c) above.
(3) (a) Setbacks. The ADU must be at least four feet from rear and side property lines, at least 30 feet from the front property line, and at least 20 feet from a street-facing property line, if different from the front property line, subject to division (F)(1)(c) above.
(b) No setback is 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 ADU or to a portion of an ADU.
(4) Passageway. No passageway, as defined by division (C)(11) above, is required for an ADU.
(5) Parking.
(a) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by division (C)(15) above.
(b) Exceptions. No parking under division (F)(5)(a) is required in the following situations:
1. The ADU is located within one-half mile walking distance of public transit, as defined in division (C)(13) above.
2. The ADU is located within an architecturally and historically significant historic district.
3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above.
4. When on-street parking permits are required but not offered to the occupant of the ADU.
5. When there is an established car share vehicle stop located within one block of the ADU.
6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in divisions (F)(5)(b)1. through 5. above.
(c) No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(d) Each unenclosed parking space shall be at least eight and a half feet wide and 18 feet long.
(e) Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and a half feet vertical clearance.
(6) Architectural requirements.
(a) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(b) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(c) Fencing, landscaping, or privacy glass in the windows shall be used to provide screening between the ADU and an adjoining residential property.
(d) All windows and doors in an ADU that are less than 30 feet from a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(G) Specific requirements for cottage communities. See § 9-5.3850, Innovative Housing Overlay District, for standards regarding ADUs in cottage communities.
(H) Fees. The following requirements apply to all ADUs and JADUs that are approved under divisions (D)(1),(D)(2), or (D)(3) above.
(1) Impact fees.
(a) No impact fee is required for an ADU or JADU, including an ADU in a cottage community, that is less than 750 square feet in size.
(b) 1. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit
per the requirements of § 9-3.60. IMPACT FEE here does not include any connection fee or capacity charge for water or sewer service.
2. In the case of cottage communities, proportionality is defined in § 9-5.3850(K).
(2) Utility fees.
(a) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(b) Except as described in division (H)(2)(a), converted ADUs and JADUs on a single-family lot, created under subsection (D)(1)(a) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility, nor is a connection fee or capacity charge required.
(c) Except as described in division (H)(2)(a), all ADUs that are not covered by division (H)(2)(b) require a new, separate utility connection directly between the ADU and the utility.
1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(I) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
(a) Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
1. The ADU violates application building standards; or
2. The ADU does not comply with the state ADU law (Cal. Gov’t Code § 65852.2) or this ADU section (§ 9-5.3805).
(b) Exceptions.
1. Notwithstanding division (I)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
2. Division (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with Cal. Health and Safety Code § 17920.3.
(Ord. 2180-C-S, passed 3-10-20; Am. Ord. 2235-C-S, passed 11-28-2023) Penalty, see § 9-5.2904