(a) Intent and purpose. The intent and purpose of this Section is to provide a means by which the City's existing housing resources and infrastructure may be more effectively utilized to produce less costly rental housing through the creation of new accessory dwelling units (ADUs) on residentially zoned lots that already contain one legally established unit. By the adoption of this ordinance, the City finds that ADUs are consistent with the allowable density for the lot upon which the ADU is located, and that ADUs are a residential use that is consistent with the existing General Plan and zoning designation for the lot.
(b) Authority. California Government Code Sections 65852.2 and 65852.22 allow local agencies to provide for the creation of ADUs and Junior ADUs, respectively, in areas zoned for single-family and multifamily residential use. The City may designate areas for ADUs based on the adequacy of water and sewer services and the impact on traffic flow and public safety.
(c) Location and Number of ADUs.
(1) Single-Family Zones.
(i) ADUs may be constructed on any lot in the R-A, R-E, R-O, R-1, or HPD zone that is improved with one legal existing or proposed primary dwelling unit, subject to the requirements of this Section.
(ii) Lots in the R-A, R-E, R-O, R-1, or HPD zone may have a maximum of one Junior ADU and one additional ADU that is attached to the primary dwelling or detached, for a maximum total of two ADUs.
(2) Multiple Family Zones.
(i) ADUs may be constructed on any lot in the R-2, R-3, or RPD zone that is improved with one or more legal existing or proposed dwelling units, subject to the requirements of this Section.
(ii) Lots in the R-2, R-3, or RPD zone may have a maximum of two detached ADUs. In addition, portions of existing dwelling structures that are not used as livable space, including but limited to storage rooms, boiler rooms, passageways, attics, basements, and garages, may be converted into attached ADUs. The number of attached ADUs on a lot may not exceed 25 percent of the number of existing multifamily dwelling units.
(d) Development Standards. ADUs are subject to all development standards applicable to the zone in which they are located except as provided in this Section. The standards provided in this Section supersede any conflicting standards otherwise applicable to the zone.
(1) Development Standards Table. All ADUs must comply with the applicable standards in the table.
Development Standard | Junior ADU' | ADU Within or Attached to Primary Dwelling | ADU Detached from Primary Dwelling |
Development Standard | Junior ADU' | ADU Within or Attached to Primary Dwelling | ADU Detached from Primary Dwelling |
Front setback | Same as required for primary dwelling | Same as required for primary dwelling, and no closer to the front property line than the proposed or existing primary dwelling structure | |
Rear setback | Same as required for primary dwelling | 4 feet | |
Side setback | Same as required for primary dwelling | 4 feet | |
Street side setback | Same as required for primary dwelling | ||
Maximum height | Same as required for primary dwelling | 16 feet | |
Minimum size | Same as efficiency dwelling unit | ||
Maximum size | 500 square feet | 50% of primary dwelling area or 800 square feet, whichever is greater | 850 square feet for studio or 1-bedroom unit 1,000 square feet for unit with 2 or more bedrooms |
Minimum number of parking spaces | None required | None required for efficiency and studio units 1 space per unit for units with 1 or more bedrooms, except as provided in Subsection (e) | |
Required cooking facilities | Efficiency kitchen | Full kitchen | |
Required sanitation facilities | May be separate from, or shared with, primary dwelling | Must be separate from primary dwelling | |
(2) Maximum Size. The maximum size of an ADU may be limited to less than that shown in the above table through the application of other development standards such as lot coverage, floor area ratio, or open space. However, in no case may the maximum allowed size of an ADU, other than a Junior ADU, be limited to less than 800 square feet, notwithstanding any other development standards.
(3) Conversion of Existing Structures.
(i) A portion of an existing legally established single-family dwelling, or all or a portion of an existing legally established accessory structure, may be converted to an ADU, even if such structure does not comply with the otherwise applicable height and setback requirements.
(ii) An accessory structure may be demolished and reconstructed in the same location and to the same dimensions and may be fully or partially converted to a detached ADU, even if such structure does not comply with the otherwise applicable height and setback requirements.
(iii) An accessory structure, including a demolished and reconstructed structure, that is being fully or partially converted to a detached ADU, may be expanded by up to 150 square feet to accommodate ingress and egress, so long as such expansion does not increase the nonconformity of the structure.
(4) Objective Design Standards.
(i) The materials and colors of exterior walls, roof, eaves, windows, and doors of an ADU must match those of the primary dwelling.
(ii) The roof slope of an ADU must match the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) The ADU must have an independent exterior entrance separate from the primary dwelling.
(e) Parking.
(1) ADU parking spaces may be covered or uncovered, may be located in any setback area, and may be tandem in a driveway.
(2) ADU parking spaces are in addition to those required for the primary dwelling on the lot. Provided however that when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, those parking spaces are not required to be replaced.
(3) No on-site parking is required for an ADU in any of the following instances:
(i) The ADU is located within one-half mile walking distance of public transit.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary dwelling or an accessory structure and/or is created from the conversion or reconstruction of an existing structure pursuant to Subsection (d)(3).
(iv) On-street parking permits are required but not offered to the occupant of the ADU.
(v) There is a car share vehicle located within one block of the ADU.
(f) Fire Sprinklers and Utilities.
(1) The City may not require fire sprinklers for ADUs if they are not required for the primary dwelling.
(2) New or separate utility connections from the primary dwelling may be required for ADUs, except in the following instances, when new or separate connections are not required and connection fees and capacity charges may not be imposed:
(i) Junior ADUs.
(ii) Attached or detached ADUs created from the conversion or reconstruction of an existing structure pursuant to Subsection (d)(3), unless constructed with a new single-family dwelling.
(g) Applications and Approvals.
(1) ADU applications must be approved through a ministerial process and are not subject to architectural design review or precise plan of design. The requirements set forth in Article 18 of this Chapter are not applicable to ADUs.
(2) The City may not require the correction of any existing nonconforming zoning conditions prior to approving an ADU application.
(3) ADU applications must be acted upon within 60 days from the date a complete application is submitted unless the applicant requests a delay, in which case the time period is tolled for the period of the delay, and except as provided in Subsection (4).
(4) If an application for an ADU is submitted in conjunction with an application to construct a new single-family or multifamily dwelling, the ADU application may not be approved until the application is approved for the new dwelling. The application for the ADU must be processed ministerially regardless of the approvals required for the dwelling. The 60-day time period is tolled until the application to construct the new dwelling is approved.
(5) A certificate of occupancy for an ADU may not be issued before issuance of a certificate of occupancy for the primary dwelling.
(h) Occupancy and Conveyance.
(1) An ADU may be rented separately from the primary dwelling but may not be sold or otherwise conveyed separately from the primary dwelling.
(2) An ADU may not be rented for a period of less than 30 consecutive days.
(3) On a lot with a Junior ADU, the property owner must occupy either the primary dwelling or the Junior ADU. The City may require a covenant to be recorded on the property to provide notice and disclosure to future owners of the owner occupancy requirement.
(4) On a lot with an ADU permitted prior to January 1, 2020, or on or after January 1, 2025, the property owner must occupy the primary dwelling or the ADU. The City may require a covenant to be recorded on the property to provide notice and disclosure to future owners of the owner occupancy requirement. There is no owner occupancy requirement for ADUs permitted on or after January 1, 2020 and before January 1, 2025.
(i) Fees.
(1) An ADU may not be considered a new residential use for the purpose of calculating utility connection fees or capacity charges unless the ADU is constructed with a new single-family dwelling.
(2) Impact fees may not be assessed on an ADU smaller than 750 square feet. Impact fees may be assessed on an ADU of 750 square feet or greater in an amount proportionate to the square footage of the primary dwelling unit.
(§ 8, Ord. 858-NS, eff. April 24, 1984; as amended by § 30, Ord. 1178-NS, eff. April 27, 1993, § 1, Ord. 1412-NS, eff. August 14, 2003, § 4, Ord. 1631-NS, eff. July 14, 2017, Part 11, Ord. 1678-NS, eff. February 28, 2020)