This article is intended to implement the general plan housing policy on accessory dwelling units, adopted in part in response to Government Code Section 65852.1 et seq., by allowing an accessory dwelling unit in residential districts, subject to approval by the city planner.
(Formerly 18.50.100; Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 20-1476 § 1, 2020)
An "accessory dwelling unit (ADU)"
shall mean an attached or detached residential dwelling that is subordinate to a primary dwelling on the same lot, and that provides complete independent and permanent facilities for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling. An accessory dwelling unit may include a prefabricated or manufactured home on a permanent foundation.
An "efficiency kitchen"
is as defined in Section 17958.1 of the Health and Safety Code.
A "junior accessory dwelling unit (JADU)"
is a unit no larger than 500 square feet and contained entirely within the walls of a single-family dwelling. A JADU includes an efficiency kitchen, sleeping facilities, and may include its own bathroom or it may share a bathroom within the existing structure.
"Livable area"
is defined as the interior habitable space of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
A "primary dwelling"
refers to the main single-family or multifamily dwelling unit on site, absent the space devoted to or designated as the accessory dwelling unit or junior accessory dwelling unit.
"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.
(Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 20-1476 § 1, 2020)
An accessory dwelling unit is permitted in any residential district or planned development district on each lot that has a single-family dwelling or multifamily dwelling.
A junior accessory dwelling is permitted in conjunction with a single-family residential use in all zoning districts.
(Formerly 18.50.105; Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 20-1476 § 1, 2020)
An application for an accessory dwelling unit and/or junior accessory dwelling unit meeting the following development standards shall be processed ministerially. In accordance with PMC § 18.32.010(B), an accessory dwelling unit and/or junior accessory dwelling unit shall be approved if the unit complies with all of the following:
A. 
The unit is not intended for sale and may be rented, except to a qualified nonprofit corporation as authorized by Government Code Section 65852.26;
B. 
The lot is zoned for single-family, multifamily residential use, or mixed use;
C. 
The dwelling conforms to the design and development standards for an accessory dwelling unit established in PMC § 18.50.315;
D. 
The accessory unit structure is compatible with the design of the primary dwelling unit in terms of building materials, colors and exterior finishes and architectural style;
E. 
The accessory dwelling unit complies with the development standards applicable to "single-family dwellings, detached," within the residential or planned development district in which the primary dwelling is located, except as allowed by PMC § 18.50.315;
F. 
The primary dwelling and junior accessory dwelling unit shall not be occupied by two separate households under two separate leases. The primary dwelling and junior accessory dwelling unit built on the property shall be separately occupied only if the owner occupies one of the units. A deed restriction prohibiting sale and restricting the size and attributes of the JADU shall be recorded with the Contra Costa County recorder, on a form prepared by the city planner, and shall be a covenant running with the land. No certificate of occupancy shall be issued or no final inspection shall be conducted for the junior accessory dwelling unit unless the owner has submitted to the city planner a copy of the recorded restriction required by this subsection. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization;
G. 
The property owner must file an application with the planning division, which shall include:
1. 
Plans and elevations showing the proposed JADU and/or ADU and its relation to the primary dwelling, all existing or proposed structures on site, and all property lines;
2. 
Description of building materials;
3. 
Landscaping and exterior finish to be used;
4. 
Location of required parking pursuant to PMC § 18.50.315;
5. 
Footprint (in square feet) of all existing and proposed structures, as well as the total lot coverage;
6. 
Any other information required to determine whether the proposed unit conforms to the requirements of this article;
7. 
A deemed-complete application for an ADU/JDU by the planning division shall be deemed approved, if not acted on, within 60 days from the date it is deemed complete.
H. 
The property owner must register the JADU or ADU, if a rental, with the city of Pittsburg residential rental inspection program. No ADU or JADU shall be rented for a term of 30 days or less.
(Formerly 18.50.110; Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 20-1476 § 1, 2020; Ord. 23-1510 § 2, 2023)
Schedule 18.50.315 prescribes specific design and development standards for accessory dwelling units and junior accessory dwelling units. The column beneath each accessory dwelling unit classification heading establishes basic requirements for accessory dwelling unit development. Additional land-use-specific development regulations are identified in PMC § 18.50.310.
Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit Classification
JADU
Attached ADU
Detached ADU
Number of Units
1 per lot within the envelope of the primary dwelling that may also have an attached or detached ADU.
1 per lot with a primary dwelling that may also have a JADU.
With a multifamily residential use, multiple ADUs within portions of the existing structure that were not used as livable area, to no more than 25 percent of the existing dwelling units on site.
1 per lot with a primary dwelling that may also have a JADU.
With a multifamily residential use, up to 2 detached units per lot.
Maximum Unit Size
500 square feet
(1) Statewide Exemption ADU – Up to 800 square feet (not subject to lot coverage or FAR);
(2) ADUs (not statewide exemption) subject to applicable development standards.
A. Lesser of 50 percent of the primary dwelling floor area, or up to 1,200 square feet;
B. Up to 850 square feet regardless of 50% limitation above; and
C. Up to 1,000 square feet for more than one bedroom regardless of 50% limitation above.
(1) Statewide Exemption ADU – Up to 800 square feet (not subject to lot coverage or FAR);
(2) ADUs (not statewide exemption) subject to applicable development standards. Maximum 1,200 square feet.
Setbacks
Not applicable
(1) Not permitted within any portion of an established front yard, as defined by PMC § 18.06.745(B). Except front yard setbacks cannot preclude a Statewide Exemption ADU (up to 800 square feet) and must not unduly constrain the creation of all types of ADUs.
(2) Minimum 4 feet side, corner side and/or rear yard.
(3) Corner side yard setback may be necessary to maintain a sight distance triangle formed by the intersecting street lines and a line joining points on these street lines at a distance of 30 feet from the intersection of these lines if deemed necessary by traffic division for the line of sight and safety distance requirements for corner yard setbacks.
(1) Not permitted within any portion of an established front yard, as defined by PMC § 18.06.745(B). Except front yard setbacks cannot preclude a Statewide Exemption ADU (up to 800 square feet) and must not unduly constrain the creation of all types of ADUs.
(2) Must be located at least 4 feet from the walls of the primary dwelling unit or an accessory structure.
(3) Minimum 4 feet side, corner side and/or rear yard setback.
(4) Corner side yard setback may be necessary to maintain a sight distance triangle formed by the intersecting street lines and a line joining points on these street lines at a distance of 30 feet from the intersection of these lines if deemed necessary by traffic division for the line of sight and safety distance requirements for corner yard setbacks.
Height
Up to 25 feet with minimum roof pitch of 3:12.
(1) Up to 16 feet with minimum roof pitch of 3:12;
(2) Up to 18 feet with minimum roof pitch of 3:12 within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code (Section 21155), and additional two feet to accommodate a roof pitch of the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit;
(3) Up to 18 feet with minimum roof pitch of 3:12 on a lot with an existing or proposed multifamily, multi-story dwelling.
Exterior Appearance
The junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family residence to be compatible with the design of the primary dwelling unit in terms of building materials, colors and exterior finishes and architectural style.
The accessory dwelling unit must be compatible with the design of the primary dwelling unit in terms of building materials, colors and exterior finishes and architectural style.
The accessory dwelling unit must be in harmony with the primary dwelling unit or convey the appearance of a single-family home.
Conversion of an Existing Structure
An accessory structure lawfully established that does not conform to 1 or more of the development standards contained in this section may be converted to an accessory dwelling unit, provided the structure: (a) meets the criteria established in PMC § 18.50.310; and (b) may be altered up to 150 square feet as not to increase the discrepancy between the existing nonconforming conditions and the standards contained in this section; and (c) any walls within setback areas comply with applicable building and fire codes.
Building Foundation
Permanent foundation required.
Unit Access
The separate entrance of an attached junior accessory dwelling unit and may include an interior connection to the single-family dwelling and may be secured by a locking door.
Separate unit access required. Interior access between an attached accessory dwelling unit and the primary dwelling may be provided and may be a door equipped with a double lock.
Separate unit access required.
Kitchen Facilities
An efficiency kitchen shall include cooking facilities and a food preparation counter with storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
Separate kitchen facilities required.
Sanitation Facilities
A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
Separate sanitation facilities required.
Utility Meters
Separate gas and electric meters may be permitted if approved by the chief building official and utility provider.
Required Parking
No additional parking stalls required.
1 spacea or zerob, c
Notes:
a Required parking space(s) may be in tandem with required parking for the primary dwelling unit.
b No additional parking shall be required for an accessory dwelling unit which meets one or more of the following: (a) is located within one-half mile of a public transit stop (in such cases, the one-half mile standard shall be based on the actual walking route between the accessory dwelling unit and the transit stop rather than on a straight line between the two points); (b) is located within an architecturally and historically significant historic district; (c) is located entirely within the proposed or existing primary dwelling or an existing accessory structure and results in no net addition of floor area on the property; (d) when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or (e) when there is a car share vehicle located within one block of the accessory dwelling unit; or (f) when a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or parcel satisfies any other criteria listed in this paragraph.
c When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, no replacement of off-street parking is required.
(Formerly 18.50.115; Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. D), 2007; Ord. 17-1433 § 4 (Exh. A), 2017; Ord. 20-1476 § 1, 2020; Ord. 23-1510 § 3, 2023)