(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 located on a lot with a proposed or existing primary residence. 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) 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.
(5) JUNIOR ACCESSORY DWELLING UNIT or JADU means a residential unit that:
(a) Is no more than 500 square feet in size;
(b) Is contained entirely within an existing or proposed single-family structure;
(c) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
(d) Includes an efficiency kitchen, as defined in subsection (C)(4) above.
(6) 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.
(7) NONCONFORMING ZONING CONDITION means a physical improvement on a property that does not conform with current zoning standards.
(8) PASSAGEWAY means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(9) PROPOSED DWELLING means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(10) 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.
(11) 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.
(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 subsection (E) below, it is allowed with only a building permit in the following scenarios:
(a) Converted on single-family lot: Only one ADU or JADU on a 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.
(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 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 16 feet.
(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. The ADU shall satisfy the following limitation:
(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.
2. The maximum height above grade is 16 feet.
(2) ADU permit.
(a) Except as allowed under subsection (1) above, no ADU, including a new-construction, detached ADU over 800 square feet, may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (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) Process and timing.
(a) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(b) The city must act on an application to create an ADU or JADU within 60 days from the date that the city receives a completed application, 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.
(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) Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(3) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.
(4) No 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).
(5) 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 but before January 1, 2025, is not subject to any owner-occupancy requirement.
(c) All ADUs that are created on or after January 1, 2025 are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
(d) 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.
(6) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(a) The ADU or JADU may not be sold separately from the primary dwelling.
(b) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(c) The deed restriction runs with the land and may be enforced against future property owners.
(d) 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.
(e) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(f) The deed restriction is enforceable by the Director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(7) 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)(6) 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 subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
(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 subsection (F), such as lot coverage, might further limit the size of the ADU, but no application of lot coverage may require the ADU to be less than 800 square feet.
(2) Lot coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed 60 percent, subject to subsection (F)(1)(c) above.
(3) 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.
(4) Height. No ADU subject to this subsection (F) may exceed 16 feet in height above grade.
(5) Passageway. No passageway, as defined by subsection (C)(8) above, is required for an ADU.
(6) 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 subsection (C)(11) above.
(b) Exceptions. No parking under subsection (F)(6)(a) is required in the following situations:
1. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(10) 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.
(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.
(7) 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.
(G) Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above.
(1) Impact fees.
(a) No impact fee is required for an ADU or JADU that is less than 750 square feet in size.
(b) 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. (E.g., the floor area of the primary dwelling, divided by
the floor area of the ADU, times the typical fee amount charged for a new dwelling.) IMPACT FEE here does not include any connection fee or capacity charge for water or sewer service.
(2) Utility fees.
(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 unless the ADU or JADU is constructed with a new single-family home.
(H) Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (G)(2) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
(Ord. 2180-C-S, passed 3-10-20) Penalty, see § 9-5.2904