The purpose of this chapter is to implement the requirements
of
Government Code Sections 65852.2 and 65852.22 to allow accessory
dwelling units and junior accessory dwelling units in a manner that
encourages their development but simultaneously minimizes impacts
on traffic, parking, density, and other areas where the city is still
permitted to exercise local control.
(Ord. 20-04 § 7; Ord. 23-12, 11/28/2023)
"Accessory dwelling unit" or "ADU"
has the same meaning ascribed in
Government Code Section
65852.2, as the same may be amended from time to time. An accessory
dwelling unit contains a kitchen, which may include plumbing, electrical,
mechanical, and/or physical space set aside for cooking or meal preparation
facilities, which may include space for a refrigerator, sink, wet
bar, and/or dishwasher.
"Attached ADU"
means an ADU that is constructed as a physical expansion
(i.e. addition) of the primary dwelling or existing structure and
shares a common wall with the primary dwelling or existing structure.
"Detached ADU"
means an ADU that is constructed as a separate structure
from the primary dwelling or existing structure, which does not share
any walls with the primary dwelling or existing structure.
"Junior accessory dwelling unit" or "JADU"
has the same meaning ascribed in
Government Code Section
65852.22, as the same may be amended from time to time. A junior accessory
dwelling unit contains at least an efficiency kitchen, which may include
plumbing, electrical, mechanical, and/or physical space set aside
for cooking or meal preparation facilities, which may include space
for a refrigerator, sink, wet bar, and/or dishwasher.
"Primary dwelling,"
for purposes of this chapter, means the existing or proposed
single-family dwelling on the lot where an ADU would be located.
(Ord. 20-04 § 7; Ord. 22-01 § 16; Ord.
23-03 § 11; Ord. 23-12, 11/28/2023)
A. An applicant shall not be required to submit an application for an
ADU or JADU permit under this chapter, and may instead seek building
permit approval for an ADU or JADU that satisfies the requirements
of
Government Code Section 65852.2(e)(1), as the same may be amended
from time to time, and the
California Building Standards Code, as
amended by the city.
B. An ADU or JADU approved by a building permit only process shall be
rented only for terms of thirty-one days or longer.
C. The property owner shall record a declaration of restrictions, in
a form approved by the city attorney, placing the following restrictions
on the property, the property owner, and all successors in interest:
(1) the ADU or JADU is to be rented only for terms of thirty-one days
or longer, unless state law and the city's municipal code are both
amended to allow short-term rentals; (2) the ADU or JADU is not to
be sold or conveyed separately from the primary dwelling, and (3)
if there is a JADU on the property, either the JADU or primary dwelling
shall be occupied by the owner of record. Proof of recordation of
the covenant shall be provided to the city before the city finals
the building permit.
D. Pursuant to
Government Code Section 65852.2(e), the city shall ministerially
approve an application for a building permit within a residential
or mixed-use zone to create any of the following:
1.
One ADU or JADU per lot with a proposed or existing single-family
dwelling if all of the following apply:
a.
The ADU or JADU 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 one hundred
fifty 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.
b.
The space has exterior access from the proposed or existing
single-family dwelling.
c.
The side and rear setbacks are sufficient for fire and safety.
d.
The JADU complies with the requirements of Section 65852.22 and with the requirements set forth in subsection
E below.
e.
One detached, new construction ADU that has a minimum four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection
(D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet.
2.
One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection
(D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet.
3.
One ADU within the 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 unit complies with state building standards for
dwellings. If requested, multiple ADUs shall be allowed, up to the
number of ADUs that equals twenty-five percent of the existing multifamily
dwelling units in the structure.
4.
Not more than two detached ADUs located on a lot that has an
existing multifamily dwelling, subject to a height limit of sixteen
feet and four-foot rear yard and side setbacks.
E. In accordance with the standards set forth in
Government Code Section
65852.22, JADUs shall comply with the following requirements, unless
state law is amended to set forth different standards in which case
state law standards will govern:
1.
A JADU shall be a minimum of two hundred twenty square feet
and a maximum of five hundred square feet of gross floor area. The
gross floor area of a shared sanitation facility shall not be included
in the maximum gross floor area of a JADU.
2.
A JADU must be contained entirely within the walls of the existing
or proposed single-family dwelling.
3.
A separate exterior entry from the main entrance to the single-family
dwelling shall be provided to serve a JADU.
4.
A JADU may include separate sanitation facilities, or may share
sanitation facilities with the existing single-family dwelling.
5.
A 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 JADU.
6.
No additional parking is required for a JADU.
7.
The JADU or primary residence shall be occupied by the owner
of record.
8.
The city shall not issue a building permit until the applicant
provides a will serve letter from the local water and sewer provider.
Notwithstanding the foregoing, if a private sewage disposal system
is being used, the applicant must provide documentation showing approval
by the local health officer in lieu of the will serve letter by the
local sewer provider.
(Ord. 2020-04 § 7; Ord. 23-12, 11/28/2023; Ord. 2023-13, 12/12/2023)
A. Before constructing an ADU or converting an existing structure to an ADU that does not fall under the "building permit approval only" requirements in Section
17.23.030, th
e applicant shall obtain permits in accordance with the requirements of this section.
B. All ADUs shall satisfy the requirements of the California Building
Standards Code, as amended by the city.
C. In accordance with state law, ADUs are an accessory use or an accessory
structure to the primary dwelling on the lot. ADUs shall not be considered
to exceed the allowable density for the lot.
D. Applications for ADUs shall be completed in accordance with Section
17.03.030 of this development code. The application for the ADU must be signed by the owner(s) of the parcel of land.
E. The director of community development or designee shall ministerially
review and approve an ADU permit application and shall not require
a public hearing, provided that the submitted application is complete
and demonstrates that the ADU complies with the requirements contained
in this chapter and any other applicable law.
F. ADU permit applications subject to ministerial approval shall be
processed within the timelines established by California Government
Code Section 65852.2. The city shall approve the ADU permit within
sixty days of receiving the application, or as the deadline required
by
Government Code Section 65852.2 may be amended from time to time.
G. Where an ADU permit application is submitted with an application
for a primary dwelling that is subject to discretionary review under
this code, the ADU permit application will be considered separately
without discretionary review or a public hearing, following action
on the portion of the project subject to discretionary review.
H. In addition to obtaining an ADU permit, the applicant shall be required
to obtain a building permit and any other applicable construction
permits prior to the construction of the ADU.
I. Separation. All detached accessory dwelling units (ADU's) shall have
a minimum six foot separation from the primary residence, as measured
in a straight line from exterior wall to exterior wall. Existing accessory
structures converted to an ADU shall not be required to meet this
standard.
(Ord. 2020-04 § 7; Ord. 23-12, 11/28/2023; Ord. 2023-13, 12/12/2023)
Except those ADUs approved pursuant to Subsection
17.23.030, ADUs shall comply with the following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed
or existing primary dwelling that is zoned residential.
B. Development Standards.
1.
Size Restrictions. If there is an existing primary dwelling,
an attached ADU shall not exceed fifty percent of the gross floor
area for the primary dwelling. An attached ADU that is proposed with
a new primary dwelling shall not exceed one thousand two hundred square
feet in floor area. A detached ADU shall not exceed one thousand two
hundred square feet in floor area. In no case shall an ADU be less
than an "efficiency unit" as defined in Section 17958.1 of Health
and Safety Code with respect to square footage.
2.
Height Restrictions. The maximum height of any new ADU shall
not exceed the following:
a.
Sixteen feet for a detached ADU, except as provided in paragraphs
b and c below.
b.
Eighteen feet for a detached ADU on a lot that is within one-half
mile walking distance of a major transit stop or a high-quality transit
corridor, as those terms are defined in
Public Resources Code Section
21155; or twenty feet if necessary to accommodate a roof pitch on
the ADU that is aligned with the roof pitch of the primary dwelling
unit.
c.
Eighteen feet for a detached ADU on a lot with an existing or
proposed multistory multifamily dwelling.
d.
Twenty-five feet or the height limit applicable to the primary
dwelling, whichever is less, for an attached ADU.
3.
Transfer. An ADU shall not be sold, transferred, or assigned
separately from the primary dwelling unless the ADU was built by a
qualified nonprofit corporation and meets the additional requirements
of
Government Code Section 65852.26(a). ADUs may be rented but shall
not be used for short-term rentals for less than thirty-one days.
4.
Setbacks. No setback shall be required for an ADU that is within
an existing structure or new ADU that is constructed in the same location
and with the same dimensions as an existing structure. For all other
ADUs, the required setback from side and rear lot lines shall be four
feet. An ADU shall comply with all required front yard setbacks otherwise
required by the municipal code except where the application of the
front yard setback requirement would not permit construction of an
eight hundred square foot ADU that is sixteen feet in height with
four-foot side and rear yard setbacks. An ADU in the front yard setback
area is only permissible if construction of the same ADU in the rear
or side yard is entirely infeasible.
5.
Lot Coverage. An ADU shall conform to all lot coverage requirements
applicable to the zoning district in which the property is located,
except where the application of the lot coverage regulations would
not permit construction of an eight hundred square foot ADU that is
sixteen feet in height with four-foot side and rear yard setbacks.
6.
Historic Resources. An ADU that has the potential to adversely
impact any historical resource listed on the California Register of
Historic Resources, shall be designed and constructed in accordance
with the "Secretary of the Interior's Standards for the Treatment
of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings" found at 36 CFR
68.3, as amended from time to time. An ADU shall also comply with
all local historic register requirements, as well as all objective
local requirements, ordinances, or specific plans that pertain to
historic resources.
7.
Addressing. Addressing for all ADU and JADU units shall be as
follows, without exception:
a.
The primary residential unit, newly constructed or existing,
shall be addressed according to existing policy and shall include
an illuminated "Unit 1" identifier. This shall only be applicable
if an ADU or JADU is proposed for the same parcel.
b.
A second residential unit, an ADU or JADU, shall bear the same
main address as the primary residence with the additional unit bearing
an illuminated "Unit 2" identifier.
c.
A third and final residential unit, an ADU or JADU, shall bear
the same main address as the primary residence with the additional
unit bearing an illuminated "Unit 3" identifier.
d.
All addresses shall be legible and physically installed in a prominent location on the building that clearly identifies which entry is associated with each address and in accordance with Section
17.28.050(N) of this code.
C. Design and Features.
1.
Design. The ADU shall have the same design, architecture, colors
and materials of the primary dwelling, and shall comply with any objective
design standards adopted by the city that are applicable to the zoning
district or specific plan area where the ADU is located.
2.
Fire Sprinklers. ADUs are required to provide fire sprinklers
if they are required for the primary dwelling.
3.
An ADU shall have a separate exterior access.
D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the ADU is not to be sold or conveyed separately from the primary dwelling except as described above in Section
17.23.050(B)(3). Proof of recordation of the covenant shall be provided to the city before the city finals the building permit.
E. Parking Requirements.
1.
In addition to the off-street parking space(s) required for
the primary dwelling, one off-street parking space shall be provided
for each ADU, except when:
a.
The ADU is located within one-half mile walking distance of
public transit;
b.
The ADU is located within an architecturally and historically
significant historic district;
c.
The ADU is part of a proposed or existing primary dwelling or
accessory structure;
d.
The ADU is located in an area where on-street parking permits
are required but not offered to an ADU occupant; or
e.
The ADU is located within one block of a city-approved and dedicated
parking space for a car share vehicle.
2.
When the ADU is created by converting or demolishing a garage,
carport or covered parking structure, replacement of parking space(s)
eliminated by the construction of the ADU shall not be required as
long as the ADU remains in use as a legal ADU.
(Ord. 2020-04 § 7; Ord. 23-03 § 15; Ord. 23-12, 11/28/2023; Ord. 2023-13, 12/12/2023)
A. ADUs and JADUs shall have adequate water and sewer services. These
services may be provided from the water and sewer points of connection
for the primary dwelling and not be a separate set of services.
B. The owner of an ADU or JADU shall be subject to the payment of all
sewer, water and other applicable fees, including impact fees set
forth in
Government Code Section 66000 et seq., except as follows:
1.
ADUs that are less than seven hundred fifty square feet shall
not be subject to impact fees.
2.
ADUs that are seven hundred fifty square feet or more shall
be charged impact fees that are proportional in relation to the square
footage of the primary dwelling unit.
C. Prior to receiving a building permit, the owner of an ADU or JADU
must submit letters of service availability for water and sewer disposal
to the building official.
(Ord. 2020-04 § 7; Ord. 23-12, 11/28/2023)