The purpose of this Chapter 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. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)
An ADU or JADU that conforms to the standards in this Chapter
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 Section 21.85.030(g) 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. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)
As used in this Chapter, terms are defined as follows:
"Accessory dwelling unit" or "ADU"
means an attached or a detached residential dwelling unit
that provides complete independent living facilities for one (1) or
more persons and is located on a lot with a proposed or existing primary
residence. An accessory dwelling unit also includes the following:
"Accessory structure"
means a structure that is accessory and incidental to a dwelling
located on the same lot.
"Complete independent living facilities"
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.
"Efficiency kitchen"
means a kitchen that includes all of the following:
(1)
A cooking facility with appliances;
(2)
A food preparation counter and storage cabinets that are of
a reasonable size in relation to the size of the JADU.
"Junior accessory dwelling unit" or "JADU"
means a residential unit that satisfies all of the following:
(1)
It is no more than five hundred (500) square feet in size;
(2)
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;
(3)
It includes its own separate sanitation facilities or shares
sanitation facilities with the existing or proposed single family
structure;
(4)
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;
(5)
It includes an efficiency kitchen, as defined in Section 21.85.030(d)
above.
"Living area"
means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
"Passageway"
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling"
means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
"Public transit"
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.
"Tandem parking"
means that two (2) or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
(Ord. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)
The following approvals apply to ADUs and JADUs under this Chapter:
(a) Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section
21.85.050 below, it is allowed with only a building permit in the following scenarios:
(1) Converted on Single Family Lot. One (1) ADU as described in this
subsection (a)(1) and one (1) JADU on a lot with a proposed or existing
single family dwelling on it, where the ADU or JADU:
(i) 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 one hundred fifty (150) additional square feet
if the expansion is limited to accommodating ingress and egress; and
(ii)
Has exterior access that is independent of that for the single
family dwelling; and
(iii)
Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
(2) Limited Detached on Single Family Lot. One (1) 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 (a)(1) above), if the detached ADU satisfies each
of the following limitations:
(i) The side-and rear-yard setbacks are at least four (4) feet.
(ii)
The total floor area is eight hundred (800) square feet or smaller.
(iii)
The peak height above grade does not exceed the applicable height limit in subsection
21.85.050(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 (a)(3),
at least one (1) converted ADU is allowed within an existing multifamily
dwelling, up to a quantity equal to twenty-five (25) percent of the
existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot. No more than two (2) detached
ADUs on a lot that has an existing or proposed multifamily dwelling
if each detached ADU satisfies both of the following limitations:
(i) The side-and rear-yard setbacks are at least four (4) feet. If the
existing multifamily dwelling has a rear-or side-yard setback of less
than four (4) feet, the City will not require any modification to
the multifamily dwelling as a condition of approving the ADU.
(ii)
The peak height above grade does not exceed the applicable height limit provided in Section
21.85.050(b) below.
(b) ADU Permit.
(1) Except as allowed under subsection
(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections
21.85.050 and
21.85.060 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
Community Development Director 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 sixty (60) days from the date that the City receives a
completed application. If the City has not approved or denied the
completed application within sixty (60) days, the application is deemed
approved unless either:
(i) The applicant requests a delay, in which case the sixty (60) day
time period is tolled for the period of the requested delay, or
(ii)
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 sixty (60) day time period established by subsection (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. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)
The following requirements apply to all ADUs and JADUs that are approved under Sections
21.85.040(a) or
(b) above:
(a) Zoning.
(1) An ADU or JADU subject only to a building permit under Section
21.85.040(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 Section
21.85.040(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 (b)(2) and (3) below,
a detached ADU created on a lot with an existing or proposed single
family or multifamily dwelling unit may not exceed sixteen (16) feet
in height.
(2) A detached ADU may be up to eighteen (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 (2) additional feet in height (for a maximum
of twenty (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 eighteen
(18) feet in height.
(4) An ADU that is attached to the primary dwelling may not exceed twenty-five
(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 (b)(4) may not exceed
two stories.
(5) For purposes of this subsection (b), height is measured above existing
legal grade to the peak of the structure.
(c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required
in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
(d) Rental Term. No ADU or JADU may be rented for a term that is shorter
than thirty (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 on-site wastewater
treatment system, the owner must include with the application a percolation
test completed within the last five (5) years or, if the percolation
test has been recertified, within the last ten (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 (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 Community Development Director. 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 ninety (90) days after the end of each calendar year following
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 ninety (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 thirty (30) days
to submit the report. If the owner fails to submit the report within
the thirty (30) day period, the City may enforce this provision in
accordance with applicable law.
(j) Building and Safety.
(1) Must Comply with Building Code. Subject to subsection (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 Division 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 (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. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)
The following requirements apply only to ADUs that require an ADU permit under Section
21.85.040(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this Section
is eight hundred fifty (850) square feet for a studio or one (1) bedroom
unit and one thousand (1,000) square feet for a unit with two (2)
or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary
dwelling is further limited to fifty (50) percent of the floor area
of the existing primary dwelling.
(3) Application of other development standards in this Section, 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 (a)(2)
above or of an FAR, front setback, lot coverage limit, or open-space
requirement may require the ADU to be less than eight hundred (800)
square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this Section may cause the total FAR of the lot to exceed forty-five (45) percent, subject to subsection
(a)(3) above.
(c) Setbacks.
(1) An ADU that is subject to this Section must conform to a twenty-five
(25) foot front-yard setback, subject to subsection (a)(3) above.
(2) An ADU that is subject to this Section must conform to four (4) foot
side-and rear-yard setbacks.
(3) No setback is required for an ADU that is subject to this Section
if the ADU is constructed in the same location and to the same dimensions
as an existing structure.
(d) Lot Coverage. No ADU subject to this Section may cause the total lot coverage of the lot to exceed fifty (50) percent, subject to subsection
(a)(3) above.
(e) Minimum Open Space. No ADU subject to this Section may cause the total percentage of open space of the lot to fall below fifty (50) percent, subject to subsection
(a)(3) above.
(f) Passageway. No passageway, as defined by Section 21.85.030(h) above,
is required for an ADU.
(g) Parking.
(1) Generally. One (1) 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 Section 21.85.030(k) above.
(2) Exceptions. No parking under subsection (g)(1) is required in the
following situations:
(i) The ADU is located within one-half (1/2) mile walking distance of
public transit, as defined in Section 21.85.030(j) above.
(ii)
The ADU is located within an architecturally and historically
significant historic district.
(iv)
When on-street parking permits are required but not offered
to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within
one (1) block of the ADU.
(vi)
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 (g)(2)(i) through (v) 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 roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
(3) The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
(4) The ADU must have an independent exterior entrance, apart from that
of the primary dwelling.
(5) The interior horizontal dimensions of an ADU must be at least ten
(10) feet wide in every direction, with a minimum interior wall height
of seven (7) feet.
(6) 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.
(7) All windows and doors in an ADU are less than thirty (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 (6) 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 (1) fifteen (15) gallon size plant shall be provided
for every five (5) linear feet of exterior wall. Alternatively, at
least one (1) twenty-four (24) inch box sized plant shall be provided
for every ten (10) linear feet of exterior wall.
(2) Plant specimens must be at least six (6) feet tall when installed.
As an alternative, a solid fence of at least six (6) feet in height
may be installed.
(3) All landscaping must be drought-tolerant.
(4) All landscaping must be from the City's approved plant list.
(j) Historical Protections. An ADU that is on or within six hundred (600)
feet of real property that is listed in the California Register of
Historic Resources must be located so as to not be visible from any
public right-of-way.
(Ord. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)
(a) Impact Fees.
(1) No impact fee is required for an ADU that is less than seven hundred
fifty (750) square feet in size. For purposes of this subsection (a),
"impact fee" means a "fee" under the Mitigation Fee Act (Government
Code Section 66000(b)) and a fee under the Quimby Act (Government
Code Section 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 seven hundred
fifty (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
(b)(1) of this Section, converted ADUs on a single family lot that are created under Section
21.85.040(a)(1)21.85.040(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 (b)(1) of this Section, all ADUs
that are not covered by subsection (b)(2) of this Section require
a new, separate utility connection directly between the ADU and the
utility.
(i) 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.
(ii)
The portion of the fee or charge that is charged by the City
may not exceed the reasonable cost of providing this service.
(Ord. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 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:
(i) The ADU violates applicable building standards, or
(ii)
The ADU does not comply with the State ADU law (
Government Code
Section 65852.2) or this Chapter.
(2) Exceptions.
(i) Notwithstanding subsection (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.
(ii)
Subsection (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. 748 § 3, 2022; Ord. 751 § 3, 2023)
Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections
21.85.010 through
21.85.080 of this Chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this Title.
(Ord. 738 § 4, 2022; Ord. 748 § 3, 2022; Ord. 751 § 3, 2023)