(a)
The purpose of this Article 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. 24-02, 12/12/2023
(a)
This Article is applicable to the development of accessory dwelling
units and junior accessory dwelling units within all residential and
mixed-use zones. An ADU or JADU that conforms to the standards in
this Article will be:
(1)
Permitted in accordance with the terms of this Article and will
not be required to correct a legally permitted but now nonconforming
zoning condition as a condition of approval. This provision does not
prevent the City from enforcing compliance with applicable building
standards in accordance with Health and Safety Code Section 17980.12.
(Ord. 24-02, 12/12/2023
(a)
The establishment of an ADU in a new detached structure shall be
subject to Site Plan Review approval.
(b)
The establishment of an ADU through the conversion of an existing
detached structure or portion of an attached structure with no additional
square footage added shall be exempt from Site Plan Review.
(c)
The establishment of an ADU through the conversion of existing non-livable
floor area within a multifamily building shall be exempt from Site
Plan Review.
(d)
The establishment of an ADU or JADU that results in the expansion
of an existing detached structure shall be exempt from Site Plan Review.
(e)
Application Review Timeframe. The Economic and Community Development
Director shall act on a planning application to create an ADU or JADU
within sixty days of receipt of a complete application so long as
the proposed ADU or JADU meet the requirements of Article 35. Notwithstanding
the foregoing timeframe:
(1)
If the applicant requests a delay, the sixty-day time period
shall be tolled for the period of the delay; or
(2)
In the case of an ADU or JADU, when an application to create
an ADU/JADU unit is submitted with an application to create a new
single family dwelling (SFD) on the lot, the City may delay acting
on the permit application for the JADU until the City acts on the
permit application to create the new single family dwelling, but the
application to create the JADU will still be considered ministerial
without discretionary review or a hearing.
(3)
The ADU or JADU shall not be used or advertised as a short-term
rental.
(f)
Impact fees shall not be required for an ADU that is less than seven
hundred fifty square feet.
(g)
Affordable Accessory Dwelling Units. Accessory dwelling units that
will be deed restricted for affordability are exempt from Site Plan
Review.
(Ord. 24-02, 12/12/2023
(a)
Rental Term. ADUs and JADUs shall not be rented for a period less
than thirty days.
(b)
An ADU shall not be advertised or used as a short-term rental.
(c)
No Separate Conveyance. 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).
(d)
Covenant. Prior to the issuance of a building permit for an ADU or
JADU, a covenant must be recorded against the title of the property
in the County Recorder's office and a copy filed with the Planning
Division. The covenant shall run with the land and bind all future
owners. The covenant will be provided by the City and must provide
that:
(1)
The ADU or JADU may not be sold or otherwise conveyed separate
from the primary residence.
(Ord. 24-02, 12/12/2023
General ADU Requirements.
(a)
Location. An Accessory Dwelling Unit is permitted in any zone that
allows residential units. ADUs shall be located on a property with
a primary dwelling and shall be located such that the front facade
is farther from the front Property line than the primary dwelling.
Number of ADUs. No more than one junior accessory dwelling unit and
one accessory dwelling unit are permitted on a single lot with a single
family dwelling. Lots with existing multifamily dwellings shall have
a number of internal or attached accessory dwelling units equal to
twenty-five percent of the existing multifamily dwelling units. Fractions
of units of one-half and above shall be rounded up. Accessory dwelling
units may include portions of dwelling structures that are not used
as livable space, including, but not limited to, storage rooms, boiler
rooms, passageways, attics, basements, or garages; provided, that
each unit complies with state building standards for dwellings. At
least one accessory dwelling unit shall be permitted per lot within
existing multifamily dwellings. Not more than two detached accessory
dwelling units shall be permitted on lots with existing multifamily
dwellings.
(1)
Every ADU shall contain a minimum of five hundred square feet.
(2)
The size of a detached ADU shall not exceed one thousand square
feet or one hundred percent of the primary dwelling unit size, whichever
is less. If the primary dwelling unit size is less than eight hundred
fifty square feet, the maximum size of the detached ADU shall not
exceed eight hundred fifty square feet.
(3)
Attached ADUs shall be limited to eight hundred fifty square
feet or fifty percent of the primary dwelling unit size, whichever
is less.
(b)
Setbacks.
(1)
Front Setback - Attached and Detached ADUs. There shall be a
front yard of not less than twenty-five percent of the depth of the
lot provided such front yard need not exceed twenty-five feet except
where lots comprising forty percent or more of the frontage on one
side of a street between intersecting streets are developed with buildings
having an average front yard with a variation of not more than six
feet, no building hereafter erected or structurally altered shall
project beyond the average front yard line so established.
(2)
Side Setback. There shall be a side yard on each side of the
main building of not less than ten percent of the width of the lot,
but such side yard shall not be less than three feet and need not
exceed five feet in width.
(3)
Rear Setback. The rear setback shall not be less than four feet.
(d)
Design Standards.
(1)
The architectural design of the ADUs must match the existing
primary dwelling including the following:
(i)
Roof pitch;
(ii)
Window casing design;
(iii)
Windows of two-story ADUs which impact the privacy
of face an adjoining residential property shall be designed to obscure
views of neighboring yards as is feasible through the use of raised
sill heights, including transom windows, opaque/obscured translucent
glass, or other methods;
(iv)
Color;
(v)
Exterior finish (e.g. Stucco, siding etc.).
(Ord. 24-02, 12/12/2023)
General Junior Accessory Dwelling Unit Requirements.
(a)
Location. A junior accessory dwelling unit is permitted in any zone
that allows residential units. JADUs are only allowed on lots that
have an existing SFD, subject to the following:
(b)
JADU Development Standard. All JADUs shall contain an efficiency
kitchen pursuant to State law, i.e., to Government Code Section 65852.22(a)(1)
and can share bathroom facilities with the primary dwelling.
(c)
Size. The minimum size of a JADU is one hundred fifty square feet.
The maximum size of a JADU is five hundred square feet or fifty percent
of the existing SFD, whichever is less.
(d)
Setbacks. The minimum setback for a JADU is subject to the setback
requirements of the established zone.
(e)
Height. The maximum height of a JADU is subject to the maximum height
of the established zone.
(g)
The single family residence in which the JADU is permitted must be
owner-occupied. The owner may reside in either the remaining portion
of the structure or the newly created JADU. Exception: The owner occupancy
requirement shall not apply if the owner is another governmental agency,
land trust, housing organization, or otherwise exempt pursuant to
state law, i.e., to Government Code section 65852.22(a)(2).
(Ord. 24-02, 12/12/2023
