Accessory dwelling units (ADUs) and junior accessory dwelling
units (JADUs) are a valuable form of housing in the city. These units
meet the city's general plan housing policies related to: encouraging
the development of a variety of housing options; encouraging the development
of housing that serves the unique needs of elderly and disabled households;
encouraging the rehabilitation of deteriorating units, providing housing
stock accessible to lower and moderate-income households; and to meet
the city's share of regional housing needs.
The purpose of this chapter is to establish development standards
for the construction and operation of accessory dwelling units on
lots zoned to allow single-family or multi-family use and including
a proposed or existing single-family dwelling in a manner that is
consistent with the requirements of state law.
(Ord. No. 1000 § 4, 2022)
The provisions of this chapter apply to all lots that are zoned
to allow single-family or multi-family use. Accessory dwelling units
shall be deemed to be an accessory single-family residential use,
which is consistent with the existing general plan and zoning designations
for the lot. The addition of an accessory dwelling unit shall not
be considered to exceed the allowable density of the lot upon which
such unit is proposed to be established.
(Ord. No. 1000 § 4, 2022)
A. Except for applications submitted pursuant to section
17.100.040, an application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process.
B. The
application shall be approved or denied within 60 days after the city
receives the application, or in accordance with the deadline required
by
Government Code § 65852.2, as that section may be amended
from time to time.
C. Notwithstanding
any other provision of this code to the contrary, no minor exception
from any requirement of this chapter shall be approved, nor shall
any application for such a minor exception be accepted for processing.
D. Where
an application for an accessory dwelling unit or JADU is submitted
with an application for a single-family dwelling or multi-family dwelling
that is subject to discretionary review under this code, the accessory
dwelling unit or JADU application will be considered separately without
discretionary review or a public hearing, following the action on
the portion of the project that is subject to discretionary review.
E. An
application for an accessory dwelling unit or JADU shall be authorized
by every owner of the property that is the subject of the application.
(Ord. No. 1000 § 4, 2022)
A. An
applicant shall not be required to submit an application for plan
check/zoning clearance under this chapter, and may instead seek building
permit approval for an accessory dwelling unit or JADU that satisfies
the requirements of both the
California Building Standards Code, as
amended by the city, and
Government Code § 65852.2(e)(1),
as the same may be amended from time to time, which requires the city
to ministerially approve a building permit within a residential or
mixed-use zone to create any of the following:
1. One accessory dwelling unit or JADU per lot with a proposed or existing
single-family dwelling if all of the following apply:
a. The accessory dwelling unit or JADU is within the proposed space
of a single-family dwelling or existing space of either an existing
single-family dwelling or existing accessory structure and may include
an expansion of not more than 150 square feet beyond the same physical
dimensions as the existing accessory structure.
b. The space has exterior access from the proposed or existing single-family
dwelling.
c. The JADU contains an interior entry to the primary dwelling's main
living area, independent of the exterior entrances of the JADU and
primary dwelling.
d. The side and rear setbacks are sufficient for fire and safety.
e. The JADU complies with the requirements of
Government Code § 65852.22 and with the requirements set forth in subsection
D below.
2. One detached, new construction accessory dwelling unit for a lot with a proposed or existing single-family dwelling, all of the following apply. The accessory dwelling unit may be combined with a JADU described in subsection
(A)(1).
a. The accessory dwelling unit shall be no more than 800 square feet
in size.
b. The accessory dwelling unit shall not exceed a height limit of 16
feet unless it is located within a half-mile of a major transit stop
or high-quality transit corridor in which the ADU shall not exceed
a height limit of 18 feet, or 20 feet only if necessary to match the
roof pitch of the primary structure.
c. The accessory dwelling unit shall be setback a minimum of four feet
from side and rear lot lines.
3. One accessory dwelling unit 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 accessory dwelling units shall
be allowed, up to the number of accessory dwelling units that equals
25 percent of the existing multi-family dwelling units in the structure.
4. Not more than two detached accessory dwelling units located on a
lot that has an existing multi-family dwelling, subject to a height
limit of 16 feet and four-foot rear yard and side setbacks.
B. A proposed accessory dwelling unit or JADU approved pursuant to this section shall comply with section
17.100.080 of this chapter.
C. Conversion
of the following structures shall not be approved pursuant to this
section but may be approved pursuant to the full requirements of this
chapter: unenclosed accessory buildings or unenclosed accessory structures,
such as patios, gazebos, breezeways, carports, porte cocheres, or
similar structures.
D. In
accordance with the standards set forth in
Government Code § 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 220 square feet and a maximum of 500
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, including attached garages or
other enclosed uses within the residence.
3. A separate exterior entry from the main entrance to the single-family
dwelling shall be provided to serve a JADU.
4. A JADU shall have an interior entry to the primary dwelling's main
living area, independent of the exterior entrances of the JADU and
primary dwelling.
5. A JADU may include separate sanitation facilities or may share sanitation
facilities with the single-family dwelling in which case the JADU
shall have an interior door to allow access to the facilities in the
single-family dwelling.
6. 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.
7. No additional parking is required for a JADU.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)
Except for applications submitted pursuant to section
17.100.040, all accessory dwelling units shall comply with the following development standards:
A. Number
of units per parcel. No more than one accessory dwelling unit shall
be allowed on a single lot.
B. Code
compliance. Accessory dwelling units shall be constructed in accordance
with provisions of the latest edition of building and other codes
adopted by the city unless specifically exempted in this chapter.
C. Existing
lot and uses. An accessory dwelling unit shall be permitted if the
existing lot and dwelling, or proposed lot and dwelling, meet the
following requirements:
1. The lot on which the accessory dwelling unit is proposed to be established
shall contain at least one existing permanent dwelling unit or the
application for the accessory dwelling unit shall be made concurrently
with an application for at least one dwelling unit on the same lot;
2. The lot on which the accessory dwelling unit is proposed to be established
shall not contain any existing accessory living quarters, second dwelling
units, granny flats, guest houses, servant's quarters, or similar
facilities, unless the proposal includes demolition or modification
of such facilities so as to comply with the provisions of this section;
3. The zoning regulations for the lot allow for the development of a
single-family dwelling or multi-family use.
D. Facilities.
The accessory dwelling unit shall have a separate entrance and shall
contain kitchen and bathroom facilities separate from those of the
main dwelling unit.
E. Utility
services. The accessory dwelling unit may be metered separately from
the main dwelling unit for gas, electricity, communications, water
and sewer services.
F. Fire
sprinklers. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence.
G. Size.
The size of the accessory dwelling unit shall comply with the following
requirements indicated in Table 17.100.050-1:
TABLE 17.100.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING
UNITS
|
---|
Accessory Dwelling Unit Type
|
Minimum Size
|
Maximum Size (1)
|
Height (2)
|
---|
Attached
|
220 sq. ft.
|
50% of main dwelling unit or 1,200 sq. ft., whichever is less
|
Cannot exceed the height of the primary structure or 16 feet,
whichever is higher
|
Detached
|
350 sq. ft.
|
1,200 sq. ft.
|
16 feet (3), (4)
|
Table Notes:
|
---|
(1)
|
Maximum size for ADU does not include optional accessory structures
(i.e., garage).
|
(2)
|
An ADU constructed above a garage shall not exceed the height
limits of the underlying zone.
|
(3)
|
The ADU shall not exceed 18 feet in height, or 20 feet to match
the roof pitch of the primary structure, when located within a half-mile
of a major transit stop or high-quality transit corridor.
|
(4)
|
The ADU shall not exceed 18 feet in height when located on a
lot with an existing or proposed multi-story multi-family dwelling.
|
H. Lot
coverage. Accessory dwelling units shall conform to the lot coverage
requirements for the zone in which it is located, except where the
application of the lot coverage regulations would not permit construction
of an 800 square foot accessory dwelling unit that is 16 feet in height
with four-foot side and rear yard setbacks.
I. Setbacks.
Accessory dwelling units shall comply with the following standards:
1. Accessory dwelling units shall maintain at least a four-foot setback
from the side and rear lot lines.
2. Accessory dwelling units shall maintain the front yard setback standard
of the underlying zone, unless the front yard setback standard would
not permit construction of an 800 square foot ADU that is 16 feet
in height with four-foot side and rear yard setbacks.
3. Notwithstanding the above, no setback shall be required for an accessory
dwelling unit that is within an existing structure or within a structure
constructed in the same location and dimensions as an existing structure.
J. Parking.
Parking for accessory dwelling units shall be provided as follows,
in addition to the parking required for the main dwelling unit:
1. Newly constructed, detached accessory dwelling units shall provide a minimum of one parking space, unless they are exempt pursuant to subsection
(J)(5) herein. The parking space may be provided as tandem parking, in an enclosed garage, or in setback areas.
2. If parking for the accessory dwelling unit is provided in a garage
which also provides parking for the main dwelling unit, the provided
space(s) shall be for the exclusive use of the accessory dwelling
unit. The space(s) shall be separated from any garage spaces for the
main dwelling unit by a wall or other permanent barrier and shall
have a separate or independent garage door.
3. The accessory dwelling unit shall utilize the same vehicular access
that serves the existing main dwelling unit, unless the accessory
dwelling unit has access from a public alley contiguous to the lot
or is located on a corner lot for which secondary access is permitted
for parking outside the street side setback. A vehicular driveway
that provides access to required parking shall have a minimum width
of ten feet.
4. When a required garage, carport, or covered parking structure for
the main dwelling unit is converted or demolished in conjunction with
the construction of an accessory dwelling unit, replacement of parking
spaces that are eliminated by the construction of the accessory dwelling
unit shall not be required as long as the accessory dwelling unit
remains in use as a legal accessory dwelling unit.
5. Notwithstanding subsection
(J)(1), on-site parking is not required for an accessory dwelling unit in any of the following instances:
a. The accessory dwelling unit is located within a one-half mile walking
distance of public transit, as that term is defined in Government
Code § 65852.2, as may be amended from time to time;
b. The accessory dwelling unit is located within a historic district;
c. The accessory dwelling unit is part of the existing primary residence
or an existing accessory structure;
d. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit; or
e. Where there is a car share station located within one block of the
accessory dwelling unit.
6. When an ADU is included in an application to create a new single-family
or multi-family dwelling on the same lot, the ADU shall not be subject
to parking requirements as long as the ADU remains in use as a legal
ADU.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)
Except for applications submitted pursuant to section
17.100.040, all accessory dwelling units shall comply with the following design standards:
A. Exterior
stairs shall not be visible from any public right-of-way, excluding
alleys or trails.
B. The
color, material, and texture of the roof shall be substantially the
same as the main dwelling unit.
C. The
color, material, and texture of all building walls shall be substantially
the same as the main dwelling unit.
D. Permitted driveways and walkways shall occupy no more than 50 percent of the front yard area, in compliance with section
17.56.070.
E. When
a garage, carport, or covered parking structure that is visible from
any public right-of-way is converted or demolished in conjunction
with the construction of an accessory dwelling unit, the design shall
incorporate features to match the materials, textures, trim, and landscaping
of the main dwelling unit.
(Ord. No. 1000 § 4, 2022)
An accessory dwelling unit proposed for a property under a Mills
Act contract must comply with all Mills Act guidelines, including
design conformance with the United States Secretary of the Interior
Standards.
(Ord. No. 1000 § 4, 2022)
A. Owner Occupancy Required for Junior Accessory Dwelling Units. If
the property contains a JADU, one of the residential dwellings on
the lot shall be occupied as the primary residence of the owner of
the lot and shall not be rented or leased as long as the JADU exists,
unless state law is amended to prohibit owner occupancy requirements
for JADUs.
B. Rental Occupancy. Any residential unit on a lot with an accessory
dwelling unit or JADU must be rented for a period exceeding 30 consecutive
days.
C. Sale of Accessory Dwelling Units. Sale or ownership of an accessory
dwelling unit or JADU separate from the main dwelling unit is prohibited,
except as required by law.
D. Deed
Restrictions. Prior to final inspection for an accessory dwelling
unit or JADU, the property owner shall execute and record in the office
of the county recorder a covenant setting forth the following minimum
requirements, in a form and substance satisfactory to the planning
department and city attorney's office:
1. The accessory dwelling unit or JADU shall not be sold or owned separately
from the main dwelling unit, and the parcel upon which the unit is
located shall not be subdivided in any manner that would authorize
such sale or ownership, except as otherwise required by law;
2. If the property contains a JADU, the JADU shall be a legal unit and
may be used as habitable space, only so long as either the main dwelling
unit, or the JADU, is occupied by the owner of record of the property,
unless state law is amended to prohibit local agencies from requiring
owner-occupancy;
3. Any rental of an accessory dwelling unit or JADU shall be for a period
exceeding 30 consecutive days; and
4. The restrictions shall be binding upon any successor in ownership
of the property.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023; Ord. No. 1026, 5/15/2024)
Accessory dwelling units, second dwelling units, granny flat
or similar accessory structures that exist as of October 19, 2018,
that have previously been legally established may continue to operate
as legal nonconforming accessory dwelling units. Any accessory dwelling
unit that exists as of the effective date of this section, and has
not previously been legally established, is considered an unlawful
use, unless the planning director determines that the unit meets the
provisions of this section.
(Ord. No. 1000 § 4, 2022)