[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
The purpose of this section is to allow and regulate accessory
dwelling units (ADUs) and junior accessory dwelling units (JADUs)
in compliance with California Government Code sections 65852.2 and
65852.22.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
An ADU or JADU that conforms to the standards in this section
will not be:
(a)
Deemed to be inconsistent with the City's general plan and zoning
designation for the lot on which the ADU or JADU is located.
(b)
Deemed to exceed the allowable density for the lot on which the ADU
or JADU is located.
(c)
Considered in the application of any local ordinance, policy, or
program to limit residential growth.
(d)
Required to correct a nonconforming zoning condition, as defined in subsection 9-5.603 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
As used in this section, terms are defined as follows:
Means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary
residence. An accessory dwelling unit also includes the following:
An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
A manufactured home, as defined by section 18007 of the California
Health and Safety Code.
Means a structure that is accessory and incidental to a dwelling
located on the same lot.
Means permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or
multifamily dwelling is or will be situated.
Means a kitchen that includes all of the following:
Means a residential unit that satisfies all of the following:
It is no more than 500 square feet in size.
It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single-family
structure.
It includes its own separate sanitation facilities or shares
sanitation facilities with the existing or proposed single-family
structure.
If the unit does not include its own separate bathroom, then
it contains an interior entrance to the main living area of the existing
or proposed single-family structure in addition to an exterior entrance
that is separate from the main entrance to the primary dwelling.
It includes an efficiency kitchen, as defined in this subsection
above.
Means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
Means a physical improvement on a property that does not
conform with current zoning standards.
Means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
Means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
Means a location, including, but not limited to, a bus stop
or train station, where the public may access buses, trains, subways,
and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
Means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
The following approvals apply to ADUs and JADUs under this section:
(a)
Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 9-5.605 below, it is allowed with only a building permit in the following scenarios:
(1)
Converted on Single-family Lot: One ADU as described in this subsection 9-5.604(a)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a.
Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or
(in the case of an ADU only) within the existing space of an accessory
structure, plus up to 150 additional square feet if the expansion
is limited to accommodating ingress and egress; and
b.
Has exterior access that is independent of that for the single-family
dwelling; and
c.
Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
d.
The JADU complies with the requirements of Government Code Section
65852.22.
(2)
Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 9-5.604(a)(1) above), if the detached ADU satisfies each of the following limitations:
a.
The side- and rear-yard setbacks are at least three feet.
b.
The total floor area is 800 square feet or smaller.
c.
The peak height above grade does not exceed the applicable height limit in subsection 9-5.605(b) below.
(3)
Converted on Multifamily Lot: One or more ADUs within 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 converted ADU complies with state building standards for dwellings. Under this subsection 9-5.604(a)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
(4)
Limited Detached on Multifamily Lot: No more than two detached
ADUs on a lot that has an existing or proposed multifamily dwelling
if each detached ADU satisfies both of the following limitations:
a.
The side- and rear-yard setbacks are at least three feet. If
the existing multifamily dwelling has a rear or side yard setback
of less than four feet, the City will not require any modification
to the multifamily dwelling as a condition of approving the ADU.
b.
The peak height above grade does not exceed the applicable height limit provided in subsection 9-5.605(b) below.
(b)
ADU Permit.
(1)
Except as allowed under subsection 9-5.604(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 9-5.605 and 9-5.606 below.
(2)
The City may charge a fee to reimburse it for costs incurred
in processing ADU permits, including the costs of adopting or amending
the City's ADU ordinance. The ADU-permit processing fee is determined
by the Director of Community Development and approved by the City
Council by resolution.
(c)
Process and Timing.
(1)
An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
(2)
The City must approve or deny an application to create an ADU
or JADU within 60 days from the date that the City receives a completed
application. If the City has not approved or denied the completed
application within 60 days, the application is deemed approved unless
either:
a.
The applicant requests a delay, in which case the 60-day time
period is tolled for the period of the requested delay, or
b.
When an application to create an ADU or JADU is submitted with
a permit application to create a new single-family or multifamily
dwelling on the lot, the City may delay acting on the permit application
for the ADU or JADU until the City acts on the permit application
to create the new single-family or multifamily dwelling, but the application
to create the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
(3)
If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 9-5.604(c)(2) above.
(4)
A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and issued
at the same time.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
The following requirements apply to all ADUs and JADUs that are approved under subsections 9-5.604(a) or 9-5.604(b) above:
(a)
Zoning.
(1)
An ADU or JADU subject only to a building permit under subsection
9-604(a) above may be created on a lot in a residential or mixed-use
zone.
(2)
An ADU or JADU subject to an ADU permit under subsection 9-5.604(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(b)
Height.
(1)
Except as otherwise provided by subsections 9-5.605(b)(2) and 9-5.605(b)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
(2)
A detached ADU may be up to 18 feet in height if it is created
on a lot with an existing or proposed single family or multifamily
dwelling unit that is located within one-half 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, and
the ADU may be up to two additional feet in height (for a maximum
of 20 feet) if necessary to accommodate a roof pitch on the ADU that
is aligned with the roof pitch of the primary dwelling unit.
(3)
A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
(4)
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 9-5.605(b)(4) may not exceed two stories.
(5)
For purposes of this subsection 9-5.605(b), height is measured above existing legal grade to the peak of the structure.
(d)
Rental Term. No ADU or JADU may be rented for a term that is shorter
than 30 days. This prohibition applies regardless of when the ADU
or JADU was created.
(e)
No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Section 65852.26, no ADU
or JADU may be sold or otherwise conveyed separately from the lot
and the primary dwelling (in the case of a single-family lot) or from
the lot and all of the dwellings (in the case of a multifamily lot).
(f)
Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment
system, the owner must include with the application a percolation
test completed within the last five years or, if the percolation test
has been recertified, within the last 10 years.
(g)
Owner Occupancy.
(1)
An ADU that is permitted after January 1, 2020, but before January
1, 2025, is not subject to any owner-occupancy requirement.
(2)
Unless applicable law requires otherwise, all ADUs that are
permitted on or after January 1, 2025 are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the
property must reside on the property as the person's legal domicile
and permanent residence.
(3)
As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection 9-5.605(g)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h)
Deed Restriction. Prior to issuance of a building permit for an ADU
or JADU, a deed restriction must be recorded against the title of
the property in the County Recorder's office and a copy filed
with the Director (or their designee) and filed with the Planning
Department. The deed restriction must run with the land and bind all
future owners. The form of the deed restriction will be provided by
the City and must provide that:
(1)
Except as otherwise provided in Government Code Section 65852.26,
the ADU or JADU may not be sold separately from the primary dwelling.
(2)
The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
(3)
The deed restriction runs with the land and may be enforced
against future property owners.
(4)
The deed restriction may be removed if the owner eliminates
the ADU or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restriction, an owner may make a written
request of the Director, providing evidence that the ADU or JADU has
in fact been eliminated. The Director may then determine whether the
evidence supports the claim that the ADU or JADU has been eliminated.
Appeal may be taken from the Director's determination consistent
with other provisions of this Code. If the ADU or JADU is not entirely
physically removed, but is only eliminated by virtue of having a necessary
component of an ADU or JADU removed, the remaining structure and improvements
must otherwise comply with applicable provisions of this Code.
(5)
The deed restriction is enforceable by the Director or his or
her designee for the benefit of the City. Failure of the property
owner to comply with the deed restriction may result in legal action
against the property owner, and the City is authorized to obtain any
remedy available to it at law or equity, including, but not limited
to, obtaining an injunction enjoining the use of the ADU or JADU in
violation of the recorded restrictions or abatement of the illegal
unit.
(i)
Income Reporting. In order to facilitate the City's obligation
to identify adequate sites for housing in accordance with Government
Code sections 65583.1 and 65852.2, the following requirements must
be satisfied:
(1)
With the building-permit application, the applicant must provide
the City with an estimate of the projected annualized rent that will
be charged for the ADU or JADU.
(2)
Within 90 days after each yearly anniversary of the issuance
of the building permit, the owner must report the actual rent charged
for the ADU or JADU during the prior year. If the City does not receive
the report within the 90-day period, the owner is in violation of
this Code, and the City may send the owner a notice of violation and
allow the owner another 30 days to submit the report. If the owner
fails to submit the report within the 30-day period, the City may
enforce this provision in accordance with applicable law.
(j)
Building & Safety.
(1)
Must comply with building code. Subject to subsection 9-5.605(j)(2) below, all ADUs and JADUs must comply with all local building code requirements.
(2)
No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 9-5.605(j)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
The following requirements apply only to ADUs that require an ADU permit under subsection 9-5.604(b) above.
(a)
Maximum Size.
(1)
The maximum size of a detached or attached ADU subject to this subsection 9-5.606 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2)
An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50% of the floor area of the existing
primary dwelling.
(3)
Application of other development standards in this subsection 9-5.606, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 9-5.606(a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b)
Floor Area Ratio (FAR). No ADU subject to this subsection 9-5.606 may cause the total FAR of the lot to exceed 45%, subject to subsection 9-5.606(a)(3) above.
(c)
Setbacks.
(1)
An ADU that is subject to this subsection 9-5.606 must conform to a 3-foot front-yard setback, subject to subsection 9-5.606(a)(3) above.
(d)
Lot Coverage. No ADU subject to this subsection 9-5.606 may cause the total lot coverage of the lot to exceed 50%, subject to subsection 9-5.606(a)(3) above.
(e)
Minimum Open Space. No ADU subject to this subsection 9-5.606 may cause the total percentage of open space of the lot to fall below 50%, subject to subsection 9-5.606(a)(3) above.
(g)
Parking.
(1)
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 9-5.603 above.
(2)
Exceptions. No parking under subsection 9-5.606(g)(1) is required in the following situations:
a.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection 9-5.603 above.
b.
The ADU is located within an architecturally and historically
significant historic district.
c.
The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 9-5.604(a)(1) above.
d.
When on-street parking permits are required but not offered
to the occupant of the ADU.
e.
When there is an established car share vehicle stop located
within one block of the ADU.
f.
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 9-5.606(g)(2)a through e above.
(3)
No Replacement. When a garage, carport, or covered parking structure
is demolished in conjunction with the construction of an ADU or converted
to an ADU, those off-street parking spaces are not required to be
replaced.
(h)
Architectural Requirements.
(1)
The materials and colors of the exterior walls, roof, and windows
and doors must match the appearance and architectural design of those
of the primary dwelling.
(2)
The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
(3)
The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
(4)
The interior horizontal dimensions of an ADU must be at least
10 feet wide in every direction, with a minimum interior wall height
of seven feet.
(5)
Windows and doors of the ADU may not have a direct line of sight
to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a direct line of
sight.
(6)
All windows and doors in an ADU are less than 30 feet from a
property line that is not a public right-of-way line must either be
(for windows) clerestory with the bottom of the glass at least six
feet above the finished floor, or (for windows and for doors) utilize
frosted or obscure glass.
(i)
Landscape Requirements. Evergreen landscape screening must be planted
and maintained between the ADU and adjacent parcels as follows:
(1)
At least one 15-gallon size plant shall be provided for every
five linear feet of exterior wall. Alternatively, at least one 24"
box size plant shall be provided for every ten linear feet of exterior
wall.
(2)
Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least 6 feet in height may
be installed.
(3)
All landscaping must be drought-tolerant.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
The following requirements apply to all ADUs that are approved under subsections 9-5.604(a) or 9-5.604(b) above.
(a)
Impact Fees.
(1)
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 9-5.607(a), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(2)
Any impact fee that is required for an ADU that is 750 square
feet or larger in size must be charged proportionately in relation
to the square footage of the primary dwelling unit. (E.g., the floor
area of the ADU, divided by the floor area of the primary dwelling,
times the typical fee amount charged for a new dwelling.)
(b)
Utility Fees.
(1)
If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and payment
of the normal connection fee and capacity charge for a new dwelling
are required.
(2)
Except as described in subsection 9-5.607(b)(1), converted ADUs on a single-family lot that are created under subsection 9-5.607(a)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(3)
Except as described in subsection 9-5.607(b)(1), all ADUs that are not covered by subsection 9-5.607(b)(2) require a new, separate utility connection directly between the ADU and the utility.
a.
The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU based on either
the floor area or the number of drainage-fixture units (DFU) values,
as defined by the Uniform Plumbing Code, upon the water or sewer system.
b.
The portion of the fee or charge that is charged by the City
may not exceed the reasonable cost of providing this service.
[Added 1-17-2023 by Ord. No. 1210-23, effective February
16, 2023]
(a)
Generally. The city will not deny an ADU or JADU application due
to a nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public
health and safety and that is not affected by the construction of
the ADU or JADU.
(b)
Unpermitted ADUs constructed before 2018.
(1)
Permit to Legalize. As required by state law, the city may not
deny a permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of
the following grounds:
a.
The ADU violates applicable building standards, or
b.
The ADU does not comply with the state ADU law (Government Code
section 65852.2) or this ADU ordinance (AMC 9-5.6).
(2)
Exceptions:
a.
Notwithstanding subsection 9-5.608(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
b.
Subsection 9-5.608(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023]
