As used in this chapter:
Accessory Dwelling Unit (ADU).
ADUs are defined by
Government Code Section 65852.2 to mean
an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons. ADUs shall
include permanent provisions for living, sleeping, eating, cooking,
and shall have a bathroom, and shall be located on the same parcel
as the single-family or multifamily dwelling per the standards set
forth in this section. An accessory dwelling unit also includes an
efficiency unit as defined in Section 17958.1 of the Health and Safety
Code and a manufactured home as set forth in Section 18007 of the
Health and Safety Code.
Existing Structure.
For the purposes of this chapter and implementation of Government
Code Section 65852.2, an existing accessory structure or existing
primary structure is defined as a structure, or the confines of a
structure, that has received a passed final inspection prior to January
1, 2020.
Guesthouse.
Guesthouses are defined as residential occupancy construction
(R) structures permitted prior to 2004 with a full bathroom, partial
kitchen, and are the same as a residential dwelling unit for the purposes
of defining use and calculating fees.
Junior Accessory Dwelling Unit (JADU).
JADUs are defined by
Government Code Section 65852.2 to mean
a residential dwelling unit internal to an existing or new primary
dwelling unit that provides complete independent living facilities
for one or more persons. JADUs shall include permanent provisions
for living and shall be located on the same parcel and within the
same structure as the single-family dwelling. A junior accessory dwelling
unit also includes an efficiency unit as defined in Section 17958.1
of the
Health and Safety Code.
Principal Dwelling Unit.
An existing or new proposed dwelling unit on a residential
zoned legal lot of record permitted as allowed by the City's zoning
and allowed density of the parcel and not constructed under the provisions
for Chapter 5 or Chapter 18 of this title. Any additional existing
units above the base residential density shall be considered an ADU
or UDU. New units built as part of an SB9 lot split shall not be considered
a principal dwelling unit if a principal unit already exists on the
parent parcel or new parcel that is created from the lot split.
Residential Multifamily Development.
A residential multifamily property zoned for multiple principal
dwelling units that has been developed to the maximum allowed density
and which shares access, parking, and/or amenities regardless of the
number of underlying parcels. This may include, but is not limited
to, attached or detached residential units, common interest subdivisions,
and related residential development on a single or multiple lots developed
as a single development project with a developable density of at least
10 units per acre.
Short-Term Rental.
Short-term rentals (vacation rental) shall be defined as
rental units with stays of 30 consecutive calendar days or less per
individual or party.
Urban Dwelling Unit (UDU).
A primary dwelling unit established or proposed to be developed in accordance with the standards, procedures, and requirements set forth under
Government Code Section 65852.21 and Chapter 18 of Title
9, either as a primary or secondary primary unit on a parcel.
(Ord. 659 § 5, 2022)
Standards for the development of ADUs shall be governed by this
chapter. Each ADU shall be subject to compliance with the California
Building Code and the following standards:
(a) Maximum
Floor Area. ADUs shall have a maximum floor area of 1,000 square feet,
except as follows:
(1) A garage or other unconditioned space may be attached to an ADU providing
any attached space with a non-R occupancy shall be limited to 300
square feet, or 500 square feet on lots one acre or greater. Any non-R
Occupancy space may be up to 500 square feet if it is on a different
level than the ADU and used for vehicle parking and the entirety of
the ADU is located on a different floor with the exception of an entry
and stairs. If an existing accessory structure is converted to an
ADU and the size of the unconditioned space exceeds the maximum limit,
the existing space may remain but shall not be expanded.
(2) Properties may have a detached ADU up to 1,200 square feet when all
of the following are met:
(i) The property is a minimum of one gross acre; and
(ii) The ADU has a setback of at least at least 10 feet from side and
rear property lines; and
(iii)
The ADU height is limited to 18 feet; and
(iv) All other property development standards applicable to zoning district
shall apply.
(3) Any dwelling unit other than the principal dwelling unit, that was
established on the lot prior to the submittal of a complete application
for a development pursuant to this chapter may not be altered or expanded
to a size greater than allowed by this chapter. No additional unconditioned
space can be added if greater than the maximum allowances described
in subsection (i) below. If existing units exceed the maximum size
thresholds, no expansion or additions shall occur.
(b) Parking.
One off-street parking space (standard or tandem within a driveway)
shall be required for each ADU, with the following exceptions;
(1) No parking shall be required if the ADU is within 1/2 mile walking
distance of public transit.
(2) No parking shall be required when the ADU is within a designated
historic district or on the site of a designated historic property
within a one mile walking distance to public transit.
(3) No parking shall be required when the ADU is part of a proposed or
existing primary residence or a converted existing accessory structure.
(4) No parking shall be required when there is a car-share vehicle available
to the tenant of the ADU and located within one block of the ADU.
(5) No parking shall be required when a permit application for an accessory
dwelling unit is submitted concurrently with a permit application
to create a new single-family dwelling or a new multifamily dwelling
on the same lot, provided that the accessory dwelling unit or the
parcel satisfies any other criteria listed in this chapter.
(c) Garage
Conversions. Garages may be converted to ADUs provided that one parking
space is reserved for the ADU on the site. A parking space that is
lost as part of the garage conversion need not be replaced other than
the parking required for the new ADU.
(d) Accessory
Structure Conversion. ADUs may be constructed within existing accessory
structures subject to the following:
(1) The size of the ADU shall comply with the size limitations set forth
in subsection (a) above.
(2) Any portions of the accessory structure not utilized for the ADU
shall remain as non-habitable storage space and shall be separated
with a permanent wall from the interior space of the ADU. Any openings
(doors) between the ADU and non-habitable space shall comply with
building and fire code standards.
(3) Conversions of existing legal accessory structures built prior to
January 1, 2020, may be subject to different standards, consistent
with
Government Code Section 65852.2(e).
(e) Height.
The maximum height of an ADU shall be as follows:
(1) Sixteen feet for any detached ADU where the setback is less than
the minimum required setbacks for the underlying zoning district.
(2) Eighteen feet in a multifamily zone for any detached ADU where the
setback is less than the required minimum setbacks for the zoning
district if the multifamily dwelling on the same site is multi-story.
(3) Twenty feet for any detached ADU that complies with the setbacks
of the underlying zoning district.
(4) Twenty-five foot height limit if setbacks are increased to 15 feet
from the side and rear property
(5) Twenty-five foot height limit for an ADU that is attached to a primary
dwelling.
(6) No ADU shall exceed two stories.
(f) Setbacks.
An ADU shall maintain the following setbacks:
(1) Side Setback. A minimum of five feet except for the following:
(i) ADUs that are 16 feet or less in height located on a lot with a proposed
or existing primary residence may be set back a minimum of four feet
from the side property line;
(ii) ADUs that exceed 20 feet in height shall increase the side setback
to 15 feet;
(iii)
ADUs that are 18 feet or less in height located on a lot with
a proposed or existing multi-story multifamily building may be set
back a minimum of four feet from the side property line.
(2) Primary Street Frontage. Twenty-five feet for single-family properties,
15 feet for multifamily properties.
(3) Corner Street Frontage. Ten feet.
(4) Secondary Street Frontage. One half the front setback.
(5) Rear. A minimum of 10 feet except for the following:
(i) ADUs that are 16 feet or less in height located on a lot with a proposed
or existing single-story primary residence may be setback a minimum
of four feet from the rear property line.
(ii) ADUs that exceed 20 feet in height shall increase the rear setback
to 15 feet.
(iii)
ADUs that are 18 feet or less in height located on a lot with
a proposed or existing multi-story multifamily building may be set
back a minimum of four feet from the rear property line.
(6) Access Way (Flag or Easement). Ten feet.
(7) No setback is required for an existing permitted structure or a structure
constructed in the same location and to the same dimensions as an
existing permitted structure.
(g) Building
Separations. A minimum separation of five feet shall be maintained
between a primary dwelling unit and a detached accessory dwelling
unit.
(h) Fire
Sprinklers.
(1) An ADU shall comply with all applicable fire safety provisions of State law, as well as locally adopted building and fire codes under Chapter 4-7 and Title
8 of this code.
(2) A detached ADU shall be required to be equipped with fire sprinklers
unless the primary dwelling unit is not sprinklered.
(3) An attached ADU shall provide fire sprinklers per the standards for
residential additions.
(i) Number
of ADUs Permitted.
(1) Single-Family Zoned Parcels and Small-Lot Single-Family Subdivisions.
One ADU per parcel shall be permitted. If a lot contains the maximum
number of allowed dwelling units no additional ADU or JADU shall be
allowed.
(2) Residential Multifamily/Mixed-Use Developments. ADUs shall be permitted
in multifamily and mixed-use developments subject to the following:
(i) Existing non-habitable space within a multifamily building may be
converted to one or more ADUs at a maximum ratio of 25% of the existing
on-site units above the permitted site density.
(ii) In addition to the units authorized by subsection (i)(2)(i) above,
one additional accessory dwelling unit above the permitted site density
shall be permitted within a multifamily or mixed-use development.
(iii)
All residential units in a mixed-use development must meet the
provisions of the underlying zoning district, except as provided for
by
Government Code Section 65852.2, and must be consistent with all
land use definitions for such development.
(3) If multiple units exist on a site that were constructed prior to
designation as an ADU, JADU or UDU, those units must be designated
as one of the permitted housing unit types prior to further development
of the property.
(j)
Nothing in this section shall prohibit the construction of an
ADU in accordance with
Government Code Section 65852.2(c)(2)(C) and
Government Code Section 65852.2(e) and (c)(2)(D)(ii) and (iii).
(Ord. 659 § 5, 2022)
Each junior accessory dwelling unit (JADU) shall be subject
to compliance with the building permit requirements and the following
standards:
(a) Maximum
Floor Area. Each JADU shall be constructed within the walls of an
existing or proposed primary dwelling unit and shall be a maximum
of 500 square feet.
(b) Septic
Systems. JADUs may be served by the system serving an existing or
proposed primary unit or a secondary septic system, subject to the
approval of the City Engineer and provisions of the City's LAMP.
(c) Number
of JADUs Permitted. One JADU is permitted per single-family residential
property or small-lot single-family residential subdivision parcel.
If a lot contains the maximum number of allowed dwelling units, no
additional ADU or JADU shall be allowed.
(d) Design
Standards.
(1) Each JADU may contain separate sanitation facilities or may share
sanitation facilities with the principal dwelling unit.
(2) Each JADU shall include a separate entrance from the main entrance
to the existing or proposed principal dwelling unit and may include
an interior entry to the main living area.
(3) Each JADU shall, at a minimum, include an efficiency kitchen as defined
by the building code.
(e) Owner
Occupancy. The property owner shall reside on site and maintain primary
residency in either a primary dwelling unit, ADU, or the JADU.
(f) Nothing
in the section shall prohibit the construction of an JADU in accordance
with
Government Code Section 65852.2(e).
(Ord. 659 § 5, 2022)
Accessory units, whether attached or detached, shall be exempt
from development impact fees when the gross floor area is less than
750 square feet. Units 750 square feet and larger shall be subject
to the City's adopted development impact fee schedule.
(Ord. 659 § 5, 2022)