(a) An applicant shall not be required to submit an application for an ADU or JADU permit under this chapter and may instead seek building permit approval for an ADU or JADU that satisfies the requirements of Government Code Section 65852.2(e)(l), as the same may be amended from time to time, and the California Building Standards Code, as amended by the city.
(b) Pursuant to Government Code Section 65852.2(e), the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(1) One ADU or JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
(A) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing singlefamily dwelling.
(C) The side and rear setbacks are sufficient for fire and safety.
(D) The JADU complies with the requirements of Section 65852.22 and with the requirements set forth in Section 9.32.120 above.
(2) One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (b)(l) above. The ADU shall be no more than 800 square feet in size, with a height limit of 16 feet.
(3) One ADU within the 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 unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.
(4) Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(Ord. 245, passed 4-10-2024)