[9-21-2022 by Ord. 1782]
This Chapter provides the requirements for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) consistent with Government Code Sections 65852.2 and 65852.22. ADUs contribute needed housing to the community's housing stock and are a residential use which is consistent with the General Plan objectives and this Code and which enhances housing opportunities.
An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Article 2 (Zone Regulations) and may be subject to specific standards found in this Chapter or within each zone, as specified in the tables. Unless otherwise specified, accessory uses and structures are also subject to the development and site regulations found in Chapter 3.02 (General Site Development Standards for All Zones). ADUs and JADUs are defined in Article 7 (Definitions).
[9-21-2022 by Ord. 1782]
ADUs shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this Chapter.
A. 
Primary Dwelling Unit Required.
The lot shall contain an existing residential dwelling at the time an application for an ADU is submitted, or the application for the ADU may be made in conjunction with the development of the primary dwelling.
B. 
Required Facilities.
An ADU shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets. An ADU shall contain bathroom facilities separate from the single-family dwelling, with the exception of JADUs, which may share bathroom facilities with the primary residence (see Section 4.02.05 (Junior Accessory Dwelling Units).
C. 
Access.
An ADU shall have independent exterior access and a separate address.
D. 
Utilities and Impact Fees.
1. 
ADUs shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services with the following exceptions:
a. 
ADUs constructed entirely within existing structures;
b. 
Statewide Exemption Accessory Dwelling Units (see Section 4.02.07 (Statewide Exemption Accessory Dwelling Units)), unless the ADU was constructed with a new single-family dwelling unit.
2. 
No JADU or ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property.
3. 
No impact fees shall be imposed on a JADU or ADU that is less than 750 square feet in size. For purposes of this Chapter, "impact fees" shall not include utility connection fees or capacity charges.
4. 
For ADUs that are 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
E. 
Building and Fire Code Compliance.
ADUs shall comply with all applicable building and fire code requirements. Provided, however, that ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. Except however, fire sprinklers may be allowed to address fire code compliance as needed.
F. 
CEQA Exemption.
ADUs and JADUs are exempt from CEQA.
G. 
Historic Preservation.
Compliance with the appropriate Secretary of Interior's Standards for the Treatment of Historic Properties shall be required for properties listed in the California Register of Historical Resources.
H. 
Short-Term Rentals.
ADUs shall not be used for short-term rentals for a term of less than 31 days.
I. 
Application — Owner Certification.
An ADU may not be sold or otherwise conveyed separately from the primary residence except for as provided below (per Government Code Section 65852.26). As part of the building permit application process for an ADU, the owner of record shall submit a declaration, under penalty of perjury, stating that the ADU is not intended for sale separate from the primary residence, but may be rented. Nothing in this section shall be deemed to affect the legal status of an ADU built with a lawfully issued permit if the property is subsequently transferred or sold, or if the primary dwelling or ADU is subsequently rented or leased.
1. 
Exception.
A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer in conformance with the requirements of Government Code Section 65852.26. These include an ADU constructed on a property developed by a Qualified Non-profit Corporation, where there is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or where the property is held pursuant to a recorded tenancy in common agreement.
[9-21-2022 by Ord. 1782]
An ADU may be constructed on the same lot as an existing or proposed single-family dwelling, duplex, or multi-family dwelling in residential or mixed-use zones and in Specific Plan zones that allow residential uses, subject to applicable Building and Fire Code requirements and the following development standards:
A. 
Number of Units.
1. 
Single-Family Dwelling.
No more than one ADU and one JADU shall be permitted to be located on the same lot that has an existing or proposed single-family dwelling. An ADU and JADU may be located in the same primary dwelling.
2. 
Duplex and Multi-Family Dwellings.
No more than two ADUs detached from an existing multi-family dwelling unit shall be permitted to be located on the same lot. At least one ADU and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing non-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.
B. 
Residential Density.
ADUs and JADUs shall not count toward the allowed density for the lot upon which the unit is located. ADUs and JADUs approved in compliance with this Article shall be considered a residential use that is consistent with the requirements of the General Plan and zoning ordinance.
C. 
Location.
ADUs may be attached to or detached from an existing or proposed primary dwelling, or located within an existing dwelling. JADUs shall be located within the primary single-family dwelling.
D. 
Height.
1. 
Attached Accessory Dwelling Unit.
a. 
ADUs attached to an existing or proposed primary dwelling that comply with the setback requirements for the primary dwelling as set by the underlying zone shall be subject to the maximum height requirements of the underlying zoning district.
b. 
Attached ADUs that encroach within the setback requirements for the primary dwelling set by the underlying zone but comply with the setback requirements herein shall not exceed 18 feet.
2. 
Detached Accessory Dwelling Unit.
a. 
ADUs detached from an existing or proposed primary dwelling shall be subject to a maximum height of 18 feet.
b. 
No more than 400 square feet of the ADU shall be constructed above the first floor. The remaining allowable square footage shall be constructed on the first floor.
E. 
Size Limitations.
For the purposes of this Chapter, square footage for an ADU and primary dwelling shall not include garages, carports, and/or covered porches.
1. 
Attached ADUs.
The floor area of an attached ADU shall not exceed 50 percent of the existing or proposed living area of the primary dwelling or 1,000 feet, whichever is greater. However, in no case shall the floor area exceed 1,200 square feet.
2. 
Detached ADUs
. The floor area of a detached ADU shall not exceed 1,200 square feet.
F. 
Lot Coverage.
ADUs shall be exempt from lot coverage calculations of the underlying zone. For the purposes of this Chapter, attached garages, carports, and covered porches associated with an ADU shall count towards lot coverage.
G. 
Setbacks.
ADUs shall comply with the setback standards applicable to other structures within the zone in which the lot is located except as provided below.
1. 
New ADU.
A four-foot side and rear yard setback shall be required for new attached or detached ADUs. ADUs shall be subject to front yard setbacks applicable to the primary dwelling, unless such a requirement would preclude the construction of a Statewide Exemption Accessory Dwelling Unit as is described in Section 4.02.07.
2. 
Conversion of Existing Accessory Structure.
No setback shall be required for an ADU located within the existing living area or an existing accessory structure (e.g., detached garage), or an ADU that replaces an existing structure (e.g., garage converted to an ADU) and is located in the same location and to the same dimensions as the structure being replaced, unless required to meet current Building and Fire Code requirements.
3. 
Conversion and Expansion of Converted Structures.
Any expansion of an ADU converted from a legal accessory structure or primary dwelling shall be subject to this Subsection (Development Standards) for an ADU. See also Subsection G.4 below.
4. 
Second Story Accessory Unit.
A minimum setback of four feet from the side and rear lot lines, with an overhang of one-foot or less, shall be required for any second story of a detached ADU.
5. 
Building Separation.
A detached ADU shall be located at least six feet away from the primary dwelling unit.
6. 
Safety Codes and Easements.
Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or require compliance with existing easement restrictions.
[9-21-2022 by Ord. 1782]
A. 
Conversion of Parking.
No replacement parking spaces shall be required if an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU.
B. 
Removal of Off-Street Parking.
If off-street parking is removed to allow for an ADU in a single-family zone, the on-site parking need not be replaced.
C. 
Required Parking.
No additional parking spaces shall be required for ADUs or JADUs.
D. 
Parking Configuration.
If provided, the automobile parking for an ADU may be provided in setback areas and through tandem parking unless the Director finds that parking in setback areas or tandem parking is not feasible based upon the topographical conditions of the specific site or region or fire and life safety conditions.
[9-21-2022 by Ord. 1782]
If a JADU is proposed, it shall comply with the requirements of California Government Code Section 65852.22, as may be amended from time to time, including but not limited to the following:
A. 
Shall not exceed 500 square feet in size.
B. 
Shall not be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.
C. 
Shall be contained entirely within the walls of a single-family residence. JADUs are not permitted on multi-family residential lots.
D. 
Shall provide a separate exterior entrance from the single-family home.
E. 
Shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the JADU.
F. 
May share a bathroom with the single-family home.
G. 
The owner shall reside in either the single-family residence or the newly created JADU.
H. 
A deed restriction shall be recorded providing for a prohibition on the sale of the JADU separate from the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes that conforms with the requirements of Government Code Section 65852.22.
I. 
Only one JADU shall be allowed per lot.
J. 
No additional parking shall be required for construction of a JADU.
K. 
When a garage is converted into a JADU, any off-street parking spaces that were provided by such garage are not required to be replaced.
[9-21-2022 by Ord. 1782]
A. 
Design and Materials.
If the ADU requires an exterior addition to the primary dwelling or construction of a new detached building, the ADU shall be visually compatible with the primary dwelling as follows:
1. 
The ADU shall incorporate at least two of the same colors and/or materials as the primary dwelling unit.
2. 
The ADU shall incorporate at least two of the same stylistic or character defining elements of the primary dwelling unit, which include form, roof style/pitch, windows, doors, and accents/architectural details (e.g., trim, cornices, eaves, lintels, pilasters, columns, dormers, etc.).
B. 
Privacy.
1. 
Any window or door of an ADU that faces adjacent residences and is less than 10 feet from the property line shall utilize one or more of the following techniques to lessen the privacy impacts onto those properties:
a. 
Use of opaque windows;
b. 
Placement of windows above eye-level (five feet or above) if architecturally compatible; and/or
c. 
Provision of vegetative or other screening treatment installed and effective prior to occupancy.
2. 
For detached ADUs, balconies and second story decks shall be located interior to the site and not facing the immediately adjacent side or rear yards.
3. 
For detached ADUs, open stairways shall be located interior to the site and not facing the immediately adjacent side or rear yards, if feasible.
[9-21-2022 by Ord. 1782]
Pursuant to subdivision (e) of Government Code 65852.2, only a building permit shall be required for an ADU or JADU in the following circumstances if the proposed ADU complies with Building, Fire, and Safety codes, provides independent exterior access from the existing residence, and the side and rear setbacks meet the standards in this Chapter. Statewide Exemption ADUs, as described below, shall not be subject to the development and design standards within this Chapter, except for those standards noted in subdivision (e) of Government Code 65852.2.
A. 
Single-Family Conversion.
One ADU and one JADU per lot shall be permitted within an existing or proposed single-family dwelling if the ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire safety. An ADU proposed under this Section may include an expansion of no more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress.
B. 
Single-Family Detached.
New construction of one detached ADU that does not exceed 800 square feet and 16 feet in height shall be permitted with minimum four-foot side and rear yard setbacks. The detached ADU may be combined with a JADU that is permitted by Subsection A above.
C. 
Multi-Family — Conversion.
At least one ADU and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing non-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.
D. 
Multi-Family Detached.
No more than two detached ADUs shall be permitted if the ADU(s) is/are located on a lot that has an existing multi-family dwelling, and the unit(s) is/are no more than 16 feet in height, and does/do not exceed four-foot rear yard and side setbacks.
[9-21-2022 by Ord. 1782]
ADUs and JADUs shall be allowed ministerially in compliance with this Chapter and State law as part of the building permit review process for the creation of the ADU or JADU.
A. 
Application.
Concurrent with the submittal of a complete building permit application for the ADU or JADU, the ADU/JADU checklist, which demonstrates compliance with all of the ADU/JADU development regulations, shall be submitted. The application shall include plans showing the details of the proposed unit per submittal guidelines established by the Director or his/her designee.
B. 
Compliance Determination.
The Director shall make a determination of compliance prior to issuance of the building permit for the ADU/JADU. The determination of the Director is final and not subject to appeal.
C. 
Approval.
All applications for ADU/JADUs that meet and comply with the requirements of this Chapter shall be approved without additional permits, discretionary reviews, or hearings within 60 days after receipt of a substantially complete application if there is an existing single-family dwelling, duplex, or multi-family dwelling on the lot. Applicants may request a delay or waive the 60-day approval period. The application shall be denied if the proposed ADU/JADU does not comply with all applicable requirements of this Chapter or it may be conditionally approved subject to conditions that will bring the proposed ADU into compliance with this Chapter.
If the application involves an ADU or JADU where there is also an application for a new single-family dwelling on the lot, then the Director may delay action on the ADU or JADU application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Chapter to the ADU.
[9-21-2022 by Ord. 1782]
To the extent any provision of this Chapter is inconsistent with State law governing ADUs or JADUs, the applicable State law shall govern.