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A. All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) require review and approval through the plan check process, pursuant to the requirements of Section 17.12.030 (Plan Check). Applications for ADUs and JADUs shall be ministerially reviewed by the City within sixty (60) days from the date a complete application is submitted. If the permit 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 application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling. The application to create the ADU or JADU shall still be considered ministerially without discretionary review or a hearing.
B. All plan check applications for ADUs and JADUs shall include, but are not limited to, the following:
1. A completed building permit application;
2. Proof of ownership of the property or permission from the property owner;
3. A plot plan showing the location of any and all easements, structures, parking for both the primary and accessory dwelling units, other improvements, and trees over four (4) inches in diameter;
4. Floor plan showing the square footage of the structure, the floor area, the lot, and the percentage of the lot area covered by the foundations of the accessory and primary dwelling units;
5. Elevations showing all sides of the ADU or changes being made to the single-family home in order to add an ADU or JADU;
6. Colors and materials board, or aesthetic details noted in plan sets;
7. Such other information which the Community Development Director determines is necessary to evaluate the proposed project.
8. Completed declaration of restrictions, as required in Section 17.70.050, signed and ready for recordation.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)
An accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall meet all of the applicable zoning regulations for the specific zoning district in which it is located, except as provided in this chapter. An ADU or JADU that conforms to the requirements of this chapter, and any other applicable development standards and regulations contained in Title 17 Zoning Code, shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use which is consistent with the existing general plan and zoning designations for the lot:
A. Unit Definitions.
1. a. An ADU shall consist of complete independent living facilities including permanent facilities for sleeping, living, eating, cooking, and sanitation. The ADU shall include independent heating and cooling controls, its own kitchen and sink and standard built-in or freestanding appliances, its own bathroom with bathtub or shower, and a separate exterior entrance.
b. The ADU may either be within an existing structure, attached to the primary dwelling, or detached from the primary dwelling.
2. A JADU shall consist of a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
B. ADUs and JADUS may not be sold separately from the primary residential dwelling on the lot.
C. Maximum Number of ADUs and JADUs. Any of the following shall be permitted in a residential or mixed-use zone:
1. One (1) ADU or JADU per lot with a proposed or existing single-family dwelling.
2. One (1) detached, new construction, ADU that does not exceed four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The proposal may be combined with a JADU, for one (1) ADU and one (1) JADU on the single-family lot. The ADU shall not exceed eight hundred (800) square feet and sixteen (16) feet high.
3. Within existing multi-family dwelling structures, at least one (1) ADU and not more than twenty-five percent (25%) of the number of existing multi-family dwelling units if all of the following apply:
a. The unit is within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
b. The unit complies with state building standards for dwellings.
4. Not more than two (2) ADUs that are located on a lot that has an existing multi- family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of sixteen (16) feet and four (4) foot rear and side yard setbacks.
D. Development Standards and Requirements for Accessory Dwelling Units.
1. Maximum floor area for attached or detached ADUs.
a. Fifty percent (50%) of the existing living area of the primary dwelling unit, with a limit of eight hundred fifty (850) square feet for an ADU with one or fewer bedrooms or one thousand (1,000) square feet for an ADU with two (2) or more bedrooms.
b. Where fifty percent (50%) of the existing living area does not allow for an eight hundred (800) square foot ADU, an ADU of up to eight hundred (800) square feet may be allowed;
2. New ADUs shall have a minimum setback of four (4) feet from the side and rear property lines, and setbacks shall be sufficient for fire and safety;
3. No setback shall be required for an existing legal structure that is converted to an ADU;
4. Detached ADUs shall not be less than eight (8) feet from the primary dwelling unit, except if this would prohibit the construction of an eight hundred (800) square foot ADU with four (4) foot rear and side setbacks;
5. Detach ADUs shall not exceed sixteen (16) feet in height, unless the ADU is located within an existing structure. Attached ADUs shall not exceed the maximum allowable height of the zoning district;
6. The ADU shall have its own exterior access, and no exterior stairs to a second story ADU shall be visible from the public right-of-way;
7. Detached ADUs shall be constructed at the rear or side of an existing single-family residence, and otherwise appear secondary in nature, and not be constructed in front of the primary dwelling unit;
8. The ADU should be compatible with the primary dwelling unit, and should use similar style, materials, and colors;
9. No passageway shall be required in conjunction with the construction of an ADU;
10. If ADUs are rented, rental must be for terms longer than thirty (30) days; and
11. No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (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.
E. Development Standards and Requirements for Junior Accessory Dwelling Units.
1. The JADU shall be constructed within the walls of the proposed or existing single-family residence and shall not exceed five hundred (500) square feet.
2. The owner shall occupy the primary residence or JADU.
3. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.
4. The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
5. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
F. Parking and Vehicle Access.
1. The ADU shall be provided with one (1) additional off-street parking space per ADU or bedroom, whichever is less. However, no additional parking spaces shall be required for an ADU which is:
a. Part of the existing or proposed primary residence or an existing accessory structure;
b. Located within one-half mile of a public transit stop;
c. Located within an architecturally and historically significant historic district;
d. Is located within one (1) block of a car share vehicle; or
e. In a location where on-street parking permits are required, but not provided to the occupant of the ADU.
2. Replacement parking shall not be required where a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU.
3. The parking spaces required for the accessory dwelling unit can be in tandem to the required parking of the primary dwelling unit, may be uncovered, and can be located within the front setback if it can be demonstrated that no other option exists.
4. The ADU shall utilize the same vehicular access that serves the primary dwelling unit. If the parcel is a through lot, access for both the single-family home and the ADU shall be limited to one (1) point or side of the lot for both dwelling units.
5. No additional parking spaces shall be required for a JADU.
G. Construction and Utilities.
1. The ADU shall meet all applicable building and construction requirements as adopted by the city that apply to the construction of single-family detached dwellings, as appropriate, including but not limited to sewer and utility services.
2. a. An ADU within a primary dwelling unit or an existing accessory structure, or a JADU, is not required to install a new or separate utility connection directly between the ADU and the utility, unless the ADU was constructed with a new single-family home.
b. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU is not to be considered a separate or new dwelling unit from the single-family residence.
3. The ADU shall be served by public water and sewer and shall have access to an improved street.
4. Impact fees shall not be charged for ADUs less than seven hundred fifty (750) square feet. Any impact fees charged for an ADU of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)
Prior to issuance of a building permit, all property owners of record shall sign and record Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator stating, as applicable, that 1) the ADU or JADU shall not be sold separately from the primary residential unit on the lot, 2) the ADU shall only be rented for rental terms longer than thirty (30) days, and 3) an owner of the property shall live in either the primary residence or JADU, if there is a JADU on the property. The ADU or JADU shall be found to be in non-compliance with the Zoning Code if the City finds the Declaration of Restrictions has been breached.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)
The city may, subject to the availability of funds and approval of the City Council, allow any applicable city development impact fees for accessory dwelling units to be paid from the city's available affordable housing fund for any new accessory dwelling unit rented to eligible very low and low income households after recording a Housing Affordability Control Agreement, subject to the review and approval of the City Attorney that shall run with the property for fifty five (55) years. Owners of accessory dwelling units affordable to very low income households shall be eligible for complete reimbursement of city development impact fees upon recordation of the Affordability Control Agreement. Owners of accessory dwelling units affordable to low income households shall be eligible for reimbursement of seventy-five percent (75%) of the city development impact fees based on the available balance of the city's affordable housing fund established by the City Council for this purpose. Maximum annual rents, adjusted for accessory dwelling unit household size, shall be calculated by the City Manager or his/her designee annually based on published Contra Costa County income limits provided by the State Department of Housing and Community Development. Any reimbursement payment shall be repaid, along with five percent (5%) monthly interest charge, as well as the city's housing affordability monitoring expenses if an affordability control agreement is violated during the affordability period.
(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2, 2017)