Accessory dwelling units and junior accessory dwelling units are defined in § 25.239.
Applications for accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs):
(A) In single-family or multi-family residential zones are an allowed use in all single-family and multi-family zoning districts in the city and shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the additional requirements; and
(B) In industrial zones, ADUs and JADUs are allowed if the property has an existing or proposed single- or multi-family dwelling. The ADU or JADU shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the following additional requirements:
(1) The increased floor area of an attached ADU shall not exceed 50% of the proposed or existing primary dwelling living area for primary dwellings of greater than 1,600 square feet. For a primary dwelling of 1,600 square feet or less, the maximum floor area of an attached ADU shall be 800 square feet. The maximum increase in floor area for an attached or detached ADU shall not exceed 1,200 square feet.
(2) The dwelling unit is not intended for sale but may be rented for a period greater than 30 days. Short-term rental (30 days or less) of these units is not allowed. The accessory dwelling unit shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting in the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.
(3) The lot contains an existing or proposed single- or multi-family dwelling.
(4) The lot in which the use is proposed is in a zoning district which allows single- or multi-family use.
(5) Owner-occupancy of the parcel is not a requirement to apply for the construction of an ADU or JADU. Additionally, owner-occupancy of either the ADU or primary residence is not required for ADUs permitted between January 1, 2020 and December 31, 2024. However, for JADUs, either the primary dwelling or the JADU shall be occupied by the owner of the property. This covenant shall be recorded on the property deed for future sale purposes. Additionally, should a property have both an ADU and JADU, either the JADU, or the primary residence shall be owner-occupied. This covenant shall be recorded on the property deed for future sale purposes.
(6) For a project which proposes a new single- or multi-family dwelling and an ADU or JADU, the primary dwelling shall be approved for occupancy prior to occupancy of the ADU/JADU.
(7) ADUs shall be either attached to the proposed or existing dwelling and located within the living area of the proposed or existing dwelling or detached from the proposed or existing dwelling and located on the same lot as the dwelling. JADUs shall be attached to the existing dwelling and located within the living area of the proposed or existing dwelling.
(8) No setback shall be required for an existing living area, garage, or accessory structure that is converted to an accessory dwelling unit. However, fire protection mechanisms, as determined by the Fire Marshal, may be required for fire and life safety in those accessory dwelling units not meeting setbacks. A setback of four (4) feet shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(9) An accessory dwelling unit or junior accessory dwelling unit shall not be subject to the following requirements: building coverage, surface coverage, minimum lot size, or any floor area ratios or open space requirements.
(10) With the acceptation of those requirements discussed in divisions (8) and (9) above, requirements relating to height, architectural review, site plan review, fees, charges, and other zoning requirements are generally applicable to residential construction in the zone in which the property is located.
(11) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking requirements shall be mandatory for those accessory dwelling units in any of the following instances:
(a) The accessory dwelling unit is located within one-half mile of public transit.
(b) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(c) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(d) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(e) When there is a car share vehicle located within one block of the accessory dwelling unit.
(12) Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(13) The replacement of parking spaces in an existing attached or detached garage, carport, or covered parking converted to an accessory dwelling unit or an existing attached or detached garage, carport, or covered parking demolished to construct a new accessory dwelling unit shall not be required for the construction and use of the accessory dwelling unit. The replacement of parking spaces in an existing attached garage, carport or covered parking converted to a junior accessory dwelling unit or an existing attached garage, carport, or covered parking demolished to construct a new junior accessory dwelling unit shall not be required for the construction and use of the junior accessory dwelling unit.
(14) All accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling. However, other fire protection mechanisms, as determined by the Fire Marshal, may be required for fire and life safety in those accessory dwelling units not meeting setbacks.
(15) For those accessory dwelling units or junior accessory dwelling units contained within the existing space of a single-family residence or accessory structure, which have an independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety shall not require a new or separate utility connection directly between the accessory dwelling unit and the utility. No related connection fee or capacity charge shall be imposed for this structure. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(16) Development impact fees for accessory dwelling units shall be based on the proportional size of the accessory dwelling unit to the primary dwelling. No development impact fees shall be required for accessory dwelling units of 750 square feet or less in size.
(17) For an accessory dwelling unit that is not described in division (15), a new or separate utility connection directly between the accessory dwelling unit and the utility shall be required. The connection is subject to a connection fee or capacity charge which shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(18) Newly constructed accessory dwelling units are subject to the 2019 California Energy Code (Cal. Code of Regulations, Title 24, Part 6, Subchapter 8, § 151.1(14)) requirement, with exceptions, to provide a solar photovoltaic (PV) system if the unit is a newly constructed, non-manufactured, detached accessory dwelling unit. The solar panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide a PV system.
(19) A maximum of one (1) accessory dwelling unit and one (1) junior accessory dwelling unit are allowed per lot occupied by a single-family residential unit if the following is met:
(a) The accessory dwelling unit or junior accessory dwelling unit 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.
(b) An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(c) The space has exterior access from the proposed or existing single-family dwelling.
(d) The side and rear setbacks are sufficient for fire and safety.
(20) Multiple accessory dwelling units shall be allowed 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, if each unit complies with state building standards for dwellings. At least one (1) attached accessory dwelling unit and a maximum of 25% of the existing multi-family dwelling units shall be allowed in a multi-family structure. Up to two detached accessory dwelling units that are located on a lot that has an existing multi-family dwelling shall be allowed on that multi-family lot. These detached accessory dwelling units are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(Ord. 1049, passed 5-15-2018; Am. Ord. 1056, passed 3-3-2020; Am. Ord. 1060, passed 8-17-2021)