A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter
13 of Division 1 of Title 7 of the California Government Code.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:
1. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection
C below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section
17980.12.
C. Definitions. As used in this Section, terms are defined as follows:
"Accessory dwelling unit" or "ADU"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. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section
17958.1 of the California Health and Safety Code; and
A manufactured home, as defined by Section
18007 of the California Health and Safety Code.
"Complete independent living facilities"means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Efficiency kitchen"means a kitchen that includes all of the following:
1. A cooking facility with appliances.
A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Junior accessory dwelling unit" or "JADU"means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet of interior livable space in size.
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
It includes an efficiency kitchen, as defined in subsection 4 above.
"Livable space"means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"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 ADU or JADU.
"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.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection D.3 below.
2. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by Resolution of the City Council.
3. Process and Timing.
a. Completeness.
i. Determination in 15 Days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal.
ii. Incomplete Items. If the City's determination under subsection D.3.a.i above is that the application is incomplete, the City's notice must list the incomplete items and describe how the application can be made complete.
iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.
iv. Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.
v. Deemed Complete. If the City does not make a timely determination as required by this subsection
a, the application or resubmitted application is deemed complete for the purposes of subsection D.3.c below.
vi. Appeal of Incompleteness. An applicant may appeal the City's determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b. No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
c. Deadline to Approve or Deny Ministerial Approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application. If the City has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d. Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.C above.
e. Appeal of Denial. An applicant may appeal the City's denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. Classes.
1. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section
66323. If an ADU or JADU complies with each of the general requirements in subsection
F below, it is allowed in each of the scenarios provided in this subsection E.1. An ADU and JADU approved under subsection E.1.a may be combined with an ADU approved under subsection E.1.b, and ADUs approved under subsection E.1.c may be combined with ADUs approved under subsection E.1.d.
a. Converted on Single-family Lot: One ADU as described in this subsection E.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling;
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
iv. The JADU complies with the requirements of Government Code Sections
66333 through
66339.
b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet.
ii. The total floor area is 800 square feet or smaller.
iii. The peak height above grade does not exceed the applicable height limit in subsection F.2 below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection E.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection F.2 below.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections
66314 through
66322. Except for Class 1 ADUs approved under subsection E.1 above, all ADUs are subject to the standards set forth in subsections
F and
G below.
F. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1. Zoning.
a. A Class 1 ADU subject only to a building permit under subsection E.1 may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU subject to an ADU permit under subsection E.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code Section
66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. Height.
a. Except as otherwise provided by subsections F.2.b and F.2.c below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section
21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection F.2.d may not exceed two stories.
e. For purposes of this subsection F.2, height is measured from the finished grade to the peak of the structure in compliance with Section
20.305.050.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section
66341, 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).
6. Septic System Prohibited. The ADU or JADU must connect to the sewer system, septic systems are prohibited for every ADU and JADU.
7. Owner Occupancy.
a. ADUs. ADUs are not subject to an owner-occupancy requirement.
b. JADUs.
i. Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
ii. Exceptions. The owner-occupancy requirement in this subsection F.7.b does not apply in either of the following situations:
(A) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(B) The property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code Section
66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections
65583.1 and
66330, 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 January 1 following 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 owner is in violation of this Code, and 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.
10. Building and Safety.
a. Must Comply with Building Code. Subject to subsection F.10.b below, all ADUs and JADUs must comply with all local building code requirements.
b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection F.10.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
11. Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
b. Limited Exception for State-Declared Emergencies. Notwithstanding subsection F.10.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i. The County is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
iii. The ADU has been issued construction permits and has passed all required inspections.
iv. The ADU is not attached to the primary dwelling.
G. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection E.2 above. This subsection
G does not apply to Class 1 ADUs or JADUs approved under subsection E.1 above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection
F is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet if interior livable space for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection
G, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection G.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to have less than 800 square feet of interior livable space.
2. Floor Area Ratio (FAR). No ADU subject to this subsection
G may cause the total FAR of the lot to exceed the ranges set in the table below, subject to subsection G.1.c above:
FAR/Target Range | General GLMX | North Gateway NGMX | South Gateway SGMX |
|---|
Target Density Range | Density range for residential uses expressed as dwelling units per NET acre |
Residential Uses | 25 - 45 du/ac | 25 - 45 du/ac | 30 - 60 du/ac |
Target Intensity Range | Floor area ratio (FAR) for nonresidential uses |
Nonresidential Uses (1) | 1.0 - 2.0 | 1.0 - 2.0 | 1.5 - 3.0 |
3. Setbacks.
a. ADUs that are subject to this subsection
G must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection
G must conform to 25-foot front setbacks, subject to subsection G.1.c above.
b. No setback is required for an ADU that is subject to this subsection
G if the ADU is constructed in the same location and to the same dimensions as an existing structure.
4. Lot Coverage. No ADU subject to this subsection
G may cause the total lot coverage of the lot to exceed the maximums allowed in the below, subject to subsection G.1.c above.
Lot Coverage | RE | RL | RM | RH |
|---|
Interior Lot | 30% | 40% | 50% | 65% |
Corner Lot | 35% | 45% | 50% | 65% |
5. Impervious Surface Coverage. Maximum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection G.1.c above.
6. Passageway. No passageway, as defined by subsection
C above, is required for an ADU.
7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection
C above.
b. Exceptions. No parking under subsection F.7.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection
C above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections G.7.b.i through G.7.b.v above.
c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same architectural design and appearance as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
9. Allowed Stories. No ADU subject to this subsection
G may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph F.2.d of this section.
H. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections E.1 or E.2 above.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet of interior livable space in size. For purposes of this subsection H.1, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section
66000(b)) and a fee under the Quimby Act (Government Code Section
66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section
17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section
17620.
c. Any impact fee that is required for an ADU that is 750 square feet or larger of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection H.2.a, converted ADUs on a single-family lot that are created under subsection E.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this Code.
c. Except as described in subsection H.2.a, all ADUs that are not covered by subsection H.2.b above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
I. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs and JADUs Constructed Before 2020.
a. Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or
ii. The ADU or JADU does not comply with State ADU or JADU law this ADU ordinance (Section
20.400.330).
b. Exceptions:
i. Notwithstanding subsection I.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section
17920.3.
ii. Subsection I.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section
17920.3.
J. Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority's Master Plans for Commercial and Residential Development (as the same may be amended from time to time).
(Ord. 1097 § 3, 2020; Ord. 1108 § 2, 2021; Ord. 1114 § 2, 2022; Ord. 1123 § 2, 2022;Ord. 1127, 2/28/2023; Ord. 1150, 12/10/2024; Ord. 1167, 12/9/2025; Ord. 1168, 12/9/2025)