Note: Prior ordinance history: Ord. 2004-884.
In accordance with California Government Code Sections 65852.1, 65852.2, and 65852.22, the City intends for this article to provide for the creation, under limited circumstances, of an accessory dwelling unit on property zoned for residential use. The purpose of this article is to provide for additional housing opportunities for development of lowand moderate-income housing for the community in keeping with its Housing Element and State law, while at the same time retaining the character of the City's single-family neighborhoods. In doing so, and to ensure that no avoidable adverse impacts on the public health, safety, and general welfare result from the creation of an accessory dwelling unit, this article prescribes standards for the approval of such units that limit the circumstances under which accessory dwelling units may be permitted consistent with the purpose and intent of this article.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 4; Ord. 2023-1106 § 3)
A. 
The following definitions shall apply to this article:
"Accessory dwelling unit"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. 
An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
b. 
A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
"Junior accessory dwelling unit"
means a unit that is at least 150 square feet and no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
"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 accessory dwelling unit.
"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 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
B. 
An accessory dwelling unit that conforms to the requirements of this article shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use that is consistent with the existing general plan and zoning designations for the lot.
C. 
In accordance with State law, this article shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
Applications for accessory dwelling units that are consistent with the provisions of this article will be considered as a ministerial action requiring the issuance of a building permit. The Community Development Director shall approve or disapprove of an application for an accessory dwelling unit standard permit within 60 days after receiving the complete application except when the accessory dwelling unit is proposed in conjunction with a proposed new single-family dwelling unit, in which case the Community Development Department may delay acting on the accessory dwelling unit until the single-family dwelling is approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. Building permits shall only be issued with finding that the plan for the accessory dwelling unit complies with all requirements of the zoning regulations contained in this section herein.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
The applicant for an accessory dwelling unit shall be the owner and occupant of the primary dwelling of the lot on which the accessory dwelling unit is proposed to be established, or his/her/their authorized agent. Additionally, the lot on which the accessory dwelling unit is proposed to be established shall:
A. 
Be located in a zoning district allowing for residential dwelling units.
B. 
Contain, or propose to establish, one residential dwelling unit, which is the primary dwelling, and which conforms to all applicable zoning regulations for the zoning district in which the lot is located except as modified herein. The City shall not require the correction of nonconforming zoning issues as a condition for approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.
C. 
Have no more than a maximum of one accessory dwelling unit and one junior accessory dwelling unit located on it at any time.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
A. 
The following standards and criteria shall apply to all accessory dwelling units to be located within the proposed or existing space of a single-family dwelling, or within existing accessory structures, including garages, storage areas, or similar uses:
1. 
The accessory dwelling unit is located within the proposed space of a new single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing structure to accommodate ingress and egress only.
2. 
Maintains independent exterior access from the proposed or existing single-family dwelling;
3. 
Maintains sufficient side and rear setbacks for fire and safety as determined by the Building Official. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
B. 
Multiple accessory dwelling units within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages are permitted, provided each unit complies with State building standards for dwellings. At least one accessory dwelling unit shall be permitted within multi-family dwelling structures and the total number of accessory dwelling units within multi-family dwelling structures shall not exceed 25 percent of the existing multi-family dwelling units.
No more than two detached accessory dwelling units that are located on a lot that has an existing multi-family dwelling may be permitted and are subject to the height limits established in Section 18.20.850 and four-foot rear yard and side setbacks.
(Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
A. 
The following standards and criteria shall apply to all proposed accessory dwelling units. Notwithstanding these requirements, all residential lots shall be permitted to develop at least one 800 square foot attached or detached accessory dwelling unit that maintains side and rear yard setbacks of at least four feet and complies with the following height limits:
1. 
16 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit.
2. 
18 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit which is within one-half mile of a major transit stop or high-quality transit corridor plus an additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.
3. 
18 feet for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.
4. 
25 feet for an attached ADU; however, such ADUs are limited to no more than two stories in height.
B. 
Location on Lot. An accessory dwelling unit may be permanently attached or detached from the primary dwelling.
C. 
Height, Setback, Building Separation, Landscaping and Lot Coverage Requirements. Unless otherwise specified in this article, an accessory dwelling unit, including conversion of existing space within a primary dwelling, shall comply with the height, setback, building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located.
The building lot coverage limitation shall include all structures, including the main residence, the accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building lot coverage specified in the zone in which the accessory dwelling unit is proposed.
An attached or detached accessory dwelling unit shall be limited to one story, unless the attached or detached accessory dwelling unit complies with all provisions and requirements of Section 18.10.100.B and subsection F, below.
D. 
Size Limitations.
1. 
Accessory dwelling units shall not exceed 1,000 square feet in size; however, attached accessory dwelling units may exceed these size limitations provided that they do not exceed 50 percent of the existing primary dwelling's living area square footage and shall not exceed one bedroom for ADUs which are 750 square feet or less and shall not exceed three bedrooms for ADUs more than 750 square feet;
2. 
Notwithstanding the size limitation in subsection D.1, the Planning Commission may approve through Design Review any accessory dwelling unit exceeding these size limitations up to 1,200 square feet in size on lots of at least 15,000 square feet in size based on building design, roof slope and design, location, topography, or other criteria.
3. 
Accessory dwelling units shall be a minimum of 150 square feet.
4. 
The minimum bedroom size shall not be less than 70 square feet.
E. 
Parking. A minimum of one parking space shall be required for an accessory dwelling unit. This parking space may be provided as tandem parking on a driveway. Notwithstanding this parking requirement, the City shall not impose parking standards for an accessory dwelling unit in any of the following instances:
1. 
The accessory dwelling unit is located within one-half mile walking distance of public transit.
2. 
The accessory dwelling unit is located within a historic district.
3. 
The accessory dwelling unit occurs within the proposed or existing primary residence or within an accessory structure.
4. 
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. 
When there is a car share vehicle located within one block of the accessory dwelling unit.
Additionally, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no off-street replacement parking spaces shall be required.
F. 
Setbacks. All accessory dwelling units shall maintain the front yard setback for the applicable zoning district in which the lot is located. However, accessory dwelling units shall maintain a minimum four foot setback on the side and rear yards for an accessory dwelling unit not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
Accessory dwelling units that are larger than the provisions established in subsection D.1 or are larger than one-story in height shall be subject to the same setback requirements as the primary dwelling.
G. 
Same Ownership Required. Accessory dwelling units shall not be rented or leased for less than 30 consecutive days, and shall not be sold or owned separately from the primary dwelling.
H. 
Owner Occupancy Required. The owner of the property on which the accessory dwelling unit is located shall reside in either of the dwelling units on the property as the principal residence as long as the condition of the accessory dwelling unit remains on the property. This is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit. However, this owner-occupancy provision shall not be required for an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, per State law.
In circumstances where the property owner does not reside in either the principal residence or an accessory dwelling unit on the property, the property owner shall provide the City with the name of a local contact person who is available 24 hours a day, seven days a week, and is able to remedy any issues that may arise that are may be in violation of the City's Municipal Code.
I. 
Mobile Homes/Recreational Vehicles. Neither the primary dwelling nor the proposed accessory dwelling unit shall be a mobile home or recreational vehicle, unless as otherwise specified herein.
J. 
Exterior Design. The design of the accessory dwelling unit, including, but not limited to, building form, materials, exterior finishes, color scheme, and landscaping shall be compatible with the primary dwelling.
K. 
Street Visibility. To maintain the single-family residential character of the street, the accessory dwelling unit should be designed and built in such a manner as to minimize its visibility (to the extent feasible) from the public right-of-way.
L. 
Exterior Entrances and Stairways. To maintain the single-family residential character of the street, there shall not be more than one exterior entrance on the front or on any street side of the accessory dwelling unit. Additionally, no exterior stairway shall be located on the front or on any street side of the accessory dwelling unit.
M. 
Two-Story Accessory Dwelling Units. An attached or detached accessory dwelling unit shall be required to comply with the provisions and requirements of Section 18.10.100.B, with the exception of any single-story accessory dwelling unit that complies with the height restrictions established in this section.
N. 
Unless otherwise specified by the provisions of this chapter or State law, accessory dwelling units shall be required to comply with all provisions of the underlying zoning designation and all regulations required for the primary single-family dwelling unit, including, but not limited to, all applicable building and construction requirements.
O. 
ADUs and JADUs shall not be used as community care facilities, boarding houses, or any other use not expressly permitted by this article.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
The following requirements shall apply to all junior accessory dwelling units:
A. 
Only one junior accessory dwelling unit may be constructed per residential lot zoned for single-family residences with a single-family residence built or proposed to be built, on the lot.
B. 
Owner-occupancy shall be required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.
C. 
A junior accessory dwelling unit may only be permitted to be constructed within the walls of a proposed or existing single-family residence.
D. 
A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence.
E. 
A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
1. 
A cooking facility with appliances.
2. 
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
F. 
No additional parking is required for a junior accessory dwelling unit.
G. 
The following are perpetual requirements that run with the land, and a restrictive covenant establishing the following requirements shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the junior accessory dwelling unit:
1. 
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
2. 
A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this article.
3. 
A restriction that the owner of the property on which the junior accessory dwelling unit is located shall reside in one of the dwelling units on the property as the principal residence as long as the condition of the junior accessory dwelling unit remains on the property.
(Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)
The applicant shall provide the Community Development Director with property ownership information of the adjacent and contiguous parcels. Additionally, the applicant shall provide a radius map drawn on the Assessor's Parcel Map, indicating the adjacent and contiguous parcels.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2021-1088 § 4; Ord. 2022-1089 § 6; Ord. 2023-1106 § 3)
An applicant or an interested and affected person may file an appeal of a determination to approve or deny an application for an accessory dwelling unit to the Planning Commission to determine adherence to the standards in this article. Any such appeal shall be in writing and accompanied by payment of the fee for appeals, as established by City Council resolution. The appeal shall state the grounds for the appeal and shall be filed with the City Clerk within 15 calendar days of the determination. The Planning Commission shall, within 30 calendar days after the appeal is filed, consider the appeal, without a public hearing, and decide the matter as soon thereafter as is reasonably feasible. Notice of the appeal shall be given in accordance with Section 18.20.870.
(Ord. 2017-1039 § 3; Ord. 2019-1056 § 3; Ord. 2020-1074 § 3; Ord. 2021-1088 § 4; Ord. 2022-1089 § 6; Ord. 2023-1106 § 3)
A. 
The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
B. 
The Community Development Director shall waive all planning processing and building plan check fees for an accessory dwelling unit or junior accessory dwelling unit in any of the following situations:
1. 
The applicant voluntarily records a perpetual restrictive covenant running with the land that establishes that the owner of the property on which the accessory dwelling unit and/or junior accessory dwelling unit is located shall reside in one of the dwelling units on the property as the principal residence as long as the condition of the accessory dwelling unit and/or junior accessory dwelling unit remains on the property. This covenant shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit.
2. 
When an existing garage or carport is converted to an accessory dwelling unit and/or junior accessory dwelling unit and the applicant voluntarily provides replacement parking spaces for at least two on-site covered parking spaces for the primary residence in conformance with Sectio 18.22.030 .
(Ord. 2020-1074 § 3; Ord. 2023-1106 § 3)