This chapter is adopted to comply with Government Code Sections
65852.2 and 65852.22 which impose a state mandate that the City implement
regulations governing accessory dwelling units ("ADU") and junior
accessory dwelling units ("JADU") in accordance with California law.
This chapter will be automatically repealed on December 31, 2029.
At that time, all previous regulations governing ADUs will be effective
for all purposes.
(Ord. 2192 § 6, 2020)
An ADU or JADU complying with this chapter meets the lot density
requirements of this code and constitute a residential use consistent
with applicable land use designations. Any ordinance, policy, or program
limiting residential growth is inapplicable to ADUs and JADUs complying
with this chapter.
(Ord. 2192 § 6, 2020)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this section. Undefined words and phrases and have
the same meaning as set forth in this code or Government Code Sections
65852.2 and 65852.22.
means is a motor vehicle that is operated as part of a regional
fleet by a public or private car sharing company or organization providing
hourly or daily service, and where users, who are members that have
been preapproved to drive, can rent vehicles for short periods of
time.
means a dwelling unit that complies with all of the following:
A living area of not less than 150 square feet for at most two
persons, or a living room of at least 220 square feet (with an additional
100 square feet for each occupant in excess of two);
Additional space for a separate bathroom containing a water
closet, lavatory, and bathtub or shower;
A separate closet;
A kitchen sink, cooking appliance and refrigeration facilities,
each having a clear work area of at least 30 inches in front; and
Light and ventilation complying with this code.
means the City Manager, or designee who will hear all timely
requests for delayed enforcement from a notice of violation.
means a building containing two or more dwelling units where
each unit is for the use of individual households, and includes an
apartment building, townhouse complex, condominium complex, duplex
or housing development, but not hotels, motels, boarding houses or
public or quasi-public institutions.
means a residential structure on a single parcel with provisions
for living, sleeping, eating, a single kitchen for cooking, and sanitation
facilities. Where more than one residential structure exists on a
lot, the "primary dwelling" will either be the residential structure
that was first issued a valid certificate of occupancy, or, when applicable,
the largest residential structure on the lot.
means two or more automobiles parked in a line, one behind
the other.
(Ord. 2192 § 6, 2020)
(A)
The ADU must comply with all additional development standards listed
in this Code which are applicable to the zone in which the subject
lot is located. Should there be a conflict between the zone development
standards and the standards set forth in this section, then the more
restrictive applies.
(B)
One parking space is required per ADU and may be located as tandem
parking on a driveway or required setback areas.
(C)
No replacement off-street parking will be required when a garage
or covered parking structure is demolished to create, or is converted
into, an ADU.
(D)
No parking standards will be imposed upon an ADU that is:
(1)
Within one-half mile walking distance of public transit;
(2)
Located within an architecturally and historically significant district;
(3)
Part of a proposed or existing primary dwelling or an accessory structure;
(4)
Located in an area where parking permits are required but not offered
to the occupant of the ADU; or
(5)
Located within one block of a carshare vehicle.
(E)
No additional curb cuts may be required for the ADU.
(F)
An ADU must share the driveway with the existing primary unit on
the site; provided, however, that a second driveway to serve the accessory
dwelling may be allowed from an alley, if there is an alley that serves
the subject site.
(G)
An ADU cannot exceed one story and may not be greater than 18 feet
in height, unless additional height is necessary to match the roof
pitch of the primary structure.
(H)
Setbacks.
(1)
When an ADU is constructed within the following parameters it is
exempt from minimum setback requirements within this code: (a) within
the existing living area of a primary dwelling; (b) within an existing
accessory structure; or (c) within the same location and same dimensions
as an existing structure. The existing structure may be converted
into an ADU or may be demolished and rebuilt as an ADU.
(2)
If an ADU is not exempt from minimum setback requirements, a setback
of at least four feet is required from the side and rear parcel lines.
Where a parcel line is located in the center of a public right-of-way,
setbacks will be calculated from the edge of the right-of-way.
(I)
ADUs must be compatible in exterior appearance with the primary dwelling
and harmonious with neighboring properties within the vicinity of
the lot or parcel on which it is proposed to be constructed.
(J)
The maximum allowable size for an ADU is:
(1)
For an ADU attached and/or within the primary single-family dwelling,
a maximum of 50% of the total floor area of the primary single-family
dwelling or 1,200 square feet, whichever is less;
(2)
Detached ADUs cannot exceed 1,200 square feet;
(3)
Nothing in this section is meant to prohibit an ADU up to 850 square
feet, or 1,000 square feet for a two-bedroom unit.
(4)
An ADU cannot be smaller than the dimensions required to accommodate
an efficiency unit.
(K)
Number of Units Per Lot.
(1)
A total of one ADU or one JADU is permitted per lot with an existing
or proposed primary single-family dwelling, subject to the requirements
of this chapter.
(2)
One ADU or 25% of the existing multifamily dwelling units, whichever
is greater, within an existing multifamily dwelling. Not more than
two detached ADUs per lot with an existing multifamily dwelling if
the ADUs are new construction, detached, more than 16 feet in height,
and set back from the rear and side yards by four feet.
(L)
Location. ADUs are permitted as follows:
(1)
Except as otherwise provided, by right in any zone where residential
uses are permitted. ADUs are not, however, permitted in any area of
the City identified by ordinance as being significantly impacted by
insufficient capacity for sewers, traffic circulation, parking, public
utilities or similar infrastructure needs.
(2)
Contained within the existing or proposed space of a primary single-family
dwelling or attached to a primary single-family dwelling.
(3)
Within the space of an existing accessory structure.
(4)
Detached from the primary single-family dwelling, subject to the
requirements and development standards in this code and California
law.
(5)
ADUs must be located behind the rear building line of the primary
dwelling, unless the ADU is within the existing space of a single-family
residence or accessory structure.
(6)
If the ADU is new construction, a minimum of 10 feet (eave to eave)
must be provided between a detached ADU and the primary dwelling and
a minimum building separation of five feet (eave to eave) must be
maintained between the detached ADU and any other non-habitable building
or structure.
(Ord. 2192 § 6, 2020)
ADUs may only be constructed in conjunction with either an existing
or proposed single-family dwelling or an existing multifamily dwelling.
A certificate of occupancy will not be issued for an ADU before a
certificate of occupancy is issued for the primary dwelling(s). Before
a certificate of occupancy for an ADU is issued, the property owner
must record with the County Recorder a covenant running with the land
stating that the ADU may not be used in violation of this section,
and any rental of the ADU must be for a term of 30 days or longer.
The covenant must be approved as to form by the City Attorney.
(Ord. 2192 § 6, 2020)
Owner occupancy is required for any ADU constructed subject
to a building permit issued after January 1, 2025. Subject to this
subsection, property owners must either occupy the primary dwelling
or the ADU as their permanent home and principal residence. A violation
of this subsection will result in revocation of the ADU permit.
(Ord. 2192 § 6, 2020)
All ADUs and JADUs must comply with all applicable building
and fire codes, state habitability requirements, and health and safety
codes, unless where explicitly exempted by Government Code Section
65852.2 or 65852.22.
(Ord. 2192 § 6, 2020)
(B)
Additional Requirements.
(1)
JADUs must include a separate entrance from the main entrance of
the primary single-family dwelling.
(2)
JADUs must include an efficiency kitchen with a cooking facility,
appliances, a food preparation counter and storage cabinets that are
reasonably sized with relation to the JADU.
(3)
The JADU must include separate sanitation facilities or must share
sanitation facilities with the primary single-family dwelling.
(4)
Owner occupancy is required for all JADUs unless the property owner
is another government agency, land trust or housing organization.
For the purposes of this requirement, the owner must occupy either
the JADU or the primary single-family dwelling as their permanent
home and principal residence.
(5)
No additional parking is required for a JADU.
(6)
The maximum size for any JADU is 500 square feet.
(Ord. 2192 § 6, 2020)
An application for an ADU or JADU use must comply with the following:
(A)
Unless the application otherwise requires a conditional use permit,
variance or other discretionary approval, the City Planner will review
the application. Applications must be accompanied by an application-review
fee as established by City Council resolution.
(B)
After receiving a complete application, the City Planner must approve,
approve with conditions, or deny the application within 60 days. The
City Planner's review of the application may be extended upon written
request from the applicant. For all such requests, the City Planner
will have 60 days from the tolling date to act on the application.
Any denial of an application will require that a new application be
filed.
(C)
For ADU or JADU applications submitted with an application to construct
a new primary dwelling, the City Planner has 60 days from the date
the City acts on primary dwelling unit application to act on the permit
application for an ADU or JADU.
(D)
Approval of an ADU or JADU cannot be conditioned on a requirement
that the applicant correct a legal nonconforming condition on the
property.
(E)
Fire sprinklers for ADUs are required only when they are required
for the primary dwelling on the lot.
(F)
Before obtaining a JADU permit, the property owner must file with
the county recorder a covenant and agreement, approved by the City
Attorney as to form, containing a reference to the deed under which
the property was acquired by the owner and stating that:
(1)
The JADU cannot be sold separately from the primary dwelling;
(2)
The JADU is restricted to the maximum size allowed per the development
standards in this chapter;
(3)
The JADU is legal so long as either the primary dwelling or the JADU
is occupied by the owner of record of the property;
(4)
The restrictions are binding upon any successor in ownership of the
property and lack of compliance may result in legal action against
the property owner; and
(5)
The JADU cannot be rented for any period less than 30 days.
(Ord. 2192 § 6, 2020)
Subject to the requirements of this chapter, the Building Official
may issue a building permit to create any of the following within
any lot permitted to be developed with a residential dwelling unit:
(A)
One ADU per lot with a proposed or existing primary single-family
dwelling, if the ADU:
(1)
Will be located within the primary single-family dwelling. For the
purposes of this subsection, "located within" includes an expansion
of not more than 150 square feet beyond the physical dimensions of
the existing primary single-family dwelling to accommodate egress
and ingress;
(2)
Has exterior access; and
(3)
Will be sufficiently set back from the side and rear for fire safety.
(B)
One JADU per lot with a proposed or existing primary single-family
dwelling, if the JADU:
(1)
Will be located within the primary single-family dwelling. For the
purposes of this subsection, "located within" includes an expansion
of not more than 150 square feet beyond the physical dimensions of
the existing primary single-family dwelling to accommodate egress
and ingress;
(2)
Has exterior access;
(3)
Will be sufficiently set back from the side and rear for fire safety;
and
(4)
Complies with the provisions outlined in this section for JADUs.
(C)
One new detached ADU on a lot with an existing primary single-family
dwelling, where the ADU is set back at least four feet.
(D)
Multiple ADUs on a lot with an existing multifamily dwelling, where
the ADUs are proposed within areas not currently used as living space
(including, without limitation, boiler rooms, storage rooms, passageways,
attics, basements and garages) provided that each unit complies with
state building standards for habitability.
(E)
For ADUs and JADUs that do not meet the criteria set forth in subsections (A) and (B) above, the City may require a new or separate utility connection directly between the unit and the utility. This connection may be subject to a connection fee or capacity charge, in an amount proportionate to the burden of the proposed unit on the water or sewer system, based upon either its square footage or number of drainage fixture unit values (as defined in the Uniform Plumbing Code). In no event may this fee or charge exceed the reasonable cost of providing the service.
(Ord. 2192 § 6, 2020)
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:
(A)
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.
(B)
Within 90 days after each yearly anniversary of 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 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.
(Ord. 2192 § 6, 2020)
Any ADU or JADU which includes a separate entrance from the
main entrance of the primary dwelling, or which will be improved with
a new or separate utility connection directly between the unit and
the utility, must submit an application for an address number. Address
numbers will be allocated by the Building Official pursuant to the
procedures outlined in this code. Address numbers must be placed over
the entrance to the ADU or JADU or on some other place where the number
can be visible from the street. When required by the Fire Chief, address
identification must be provided in additional approved locations to
facilitate emergency response. Additionally, address numbers must
also be permanently added to the side of the curb or on a public sidewalk
located immediately in front of the main building on a site, pursuant
to the California Residential Code and to the satisfaction of the
Building Official.
(Ord. 2192 § 6, 2020)
(A)
For all ADUs larger than 750 square feet, the applicant must pay
development impact fees proportional to the square footage of the
primary dwelling. These fees will be established by resolution of
the City Council.
(B)
A reasonable inspection fee may be charged for the inspection of
a JADU by the City. The inspection fee will be assessed to the property
owner. The fee for inspection will be established by resolution of
the City Council.
(C)
A reasonable construction fee may be charged for any construction
permits required. The construction fee will be assessed to the property
owner. These fees will be established by resolution of the City Council.
(D)
An ADU will not be considered a new residential use for purposes
of calculating connection fees or capacity charges for utilities,
unless the ADU is constructed simultaneously with a new primary single-family
dwelling.
(Ord. 2192 § 6, 2020)
(A)
Unless permitted as an ADU or JADU pursuant to this chapter, it is
unlawful for any accessory building(s) (either attached or detached),
room(s), space(s), structure(s) or building(s) to be rented or used
as a separate dwelling unit.
(B)
No ADUs or JADUs may be rented in violation of this code.
(C)
It is unlawful for an ADU or JADU to exist without an address issued
in accordance with this code or other City Council resolution.
(Ord. 2192 § 6, 2020)
Before any enforcement action may occur to correct a violation
of this chapter, the City Planner must take the following action:
(A)
Serve written notice on the responsible person that includes a statement
that the owner of the unit has a right to request delay in enforcement
pursuant to Health and Safety Code Section 17980.12.
(B)
If a responsible makes such a request, it must be in writing, filed
with the City Clerk within 10 days after service of the notice of
violation, and include the following information:
(1)
Name, address and telephone number of each responsible party who
is making the request for delayed enforcement;
(2)
The address and description of the real property upon which the ADU
is located;
(3)
Grounds for the request in sufficient detail to enable the Hearing
Officer to understand the basis why correcting the violation is not
necessary to protect health and safety;
(4)
The length of the delay requested (not more than five years);
(5)
The date the ADU was built; and
(6)
The signature of at least one responsible party.
(C)
The Hearing Officer must grant the request for delayed enforcement
if:
(1)
He or she determines that, after consulting with the entity responsible
for enforcement of building standards and other regulations of the
State Fire Marshal pursuant to Health and Safety Code Section 13146,
correcting the violation is not necessary to protect health and safety;
and
(2)
The ADU was built before the effective date of the ordinance codified
in this chapter.
(Ord. 2192 § 6, 2020)
