(a) Government Code section 65852.2, subdivision (e) provides that certain units shall be approved notwithstanding state or local regulations that may otherwise apply. The following types of units shall be governed by the standards in this section. In the event of a conflict between this section and Government Code section 65852.2, subdivision (e), the Government Code shall prevail.
1. An ADU and JADU within the existing space of a single-family dwelling or an ADU within the existing space of an accessory structure (i.e. conversion without substantial addition).
2. An ADU and JADU within the proposed space of a single-family dwelling.
3. A detached, new construction ADU on a lot with a proposed or existing single-family dwelling, provided the ADU does not exceed 800 square feet, sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks.
4. ADUs created by conversion of portions of existing multi-family dwellings not used as livable space.
5. Up to two detached ADUs on a lot with an existing multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in Table 1. Regulations set forth in section 18.09.040 do not apply to units created under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not prohibit units that are greater than 800 square feet. These sizes simply serve to distinguish when a unit transitions from regulations set forth in Table 1 and section 18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
Single-Family | Multi-Family | ||||
Conversion of Space Within the Existing Space of a Single-Family Home or Accessory Structure | Construction of Attached ADU Within the Proposed Space of a Single-Family Home | New Construction of Detached ADU | Conversion of Non-Habitabl e Space Within Existing Multi- family Dwelling Structure | Conversion or Construction of Detached(4) ADU | |
Single-Family | Multi-Family | ||||
Conversion of Space Within the Existing Space of a Single-Family Home or Accessory Structure | Construction of Attached ADU Within the Proposed Space of a Single-Family Home | New Construction of Detached ADU | Conversion of Non-Habitabl e Space Within Existing Multi- family Dwelling Structure | Conversion or Construction of Detached(4) ADU | |
Number of Units Allowed | 1 ADU and 1 JADU | 25% of the existing units (at least one) | 2 | ||
Minimum size1 | 150 sf | ||||
Maximum size1 | N/A2 | 800 sf | N/A | ||
Setbacks | N/A, if condition is sufficient for fire and safety | Underlying zone standard for Single Family Home (ADU must be within allowable space of Single-Family Home) | 4 feet from side and rear lot lines; underlying zoning for front setback | N/A | 4 feet from side and rear lot lines; underlying zoning for front setback |
Daylight Plane | N/A | N/A | |||
Maximum Height3 | N/A | 165 | N/A | 165, 6 | |
Parking | None | ||||
State Law Reference | 65852.2 (e)(1)(A) | 65852.2 (e)(1)(A) | 65852.2 (e)(1)(B) | 65852.2 (e)(1)(C) | 65852.2 (e)(1)(D) |
(1) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater shall count towards the unit's floor area.
(2) New construction must be consistent with allowable space (e.g. FAR, lot coverage) of a single- family residence, except that up to 150 sf may be added for the purpose of ingress and egress only, without regard to underlying zone standards.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(4) Units must be detached from existing primary dwellings but may be attached to each other.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-family, multistory dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that qualify for approval under this section. When there is an ADU or JADU attached to an existing or proposed primary dwelling, the shared wall between these units shall contribute to the maximum allowable Floor Area, Lot Coverage, and Maximum House Size of the primary unit. For a single-family home, this measurement shall be taken to the outside stud wall in accordance with Section 18.04.030(a)(65)(D). For a multi-family dwelling, this measurement shall be taken to the outside surface of exterior walls in accordance with Section 18.04.030(a)(65)(B) and (C).
(d) The establishment of accessory dwelling units and junior accessory dwelling units pursuant to this section shall not be conditioned on the correction of non-conforming zoning conditions; provided, however, that nothing in this section shall limit the authority of the Chief Building Official to require correction of building standards relating to health and safety.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. Nothing in this section shall preclude the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or more.
(g) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(h) Conversion of an existing accessory structure pursuant to Government Code section 65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long as the renovation of reconstruction does not increase the degree of non-compliance, such as increased height, envelope, or further intrusion into required setbacks. Any portion of an ADU that exceeds the envelope of the existing accessory structure shall be subject to Section 18.09.040.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in emergency response.
(j) The unit shall not be sold separately from the primary residence.
(k) Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU.
(l) JADUs shall comply with the requirements of Section 18.09.050.
(m) Notwithstanding any contrary provision of Chapter 8.10, to the extent the City’s application checklist requires a tree disclosure statement, it may be completed by the property owner.
(Ord. 5585 § 2 (part), 2023: Ord. 5574 § 2 (part), 2023: Ord. 5507 § 3 (part), 2020)