Chapter 17.405: Accessory Structures and Uses

§ 17.405.050 Accessory Structures – Residential.

This section provides standards for accessory structures that are customarily related to a residence in residential zones. These requirements do not apply to accessory structures and uses identified as exempt in compliance with Section 17.205.040 (Exemptions from Permit Requirements); used for animal keeping purposes [see Section 17.425.050 (Animal Keeping)]; or used for living purposes [see Section 17.405.060 (Accessory Dwelling Units)].

Relationship to primary use. An accessory structure shall be incidental to the primary residential use of the site and shall not alter the character of the primary site or use.

Timing of installation. An accessory structure may only be constructed concurrent with or after the construction of the primary structure on the same site.

Attached accessory structures.

Determination of attachment. An accessory structure that is attached to a primary structure shall be compatible with, and made structurally a part of, the primary structure.

Zone development standards. An attached accessory structure shall comply with the standards in Table 2-3 (Development Standards for Residential Zones) that apply to the primary structure (e.g., height, setbacks, structure coverage, etc.).

Construction and design criteria. An attached accessory structure shall comply with the California Building Code and shall be architecturally compatible with the primary structure in terms of design, color and materials, as determined by the Director.

Detached accessory structures.

Site coverage limit. The sum of the floor area(s) of the total number of detached accessory structures shall not exceed the lot coverage standards. Accessory structures shall be included in the calculation for the maximum lot coverage of the entire site.

Construction and design criteria. Detached accessory structures shall comply with the California Building Code and shall be architecturally compatible with the primary structure in terms of design, color and materials, as determined by the Director.

Height limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds, playhouses, recreation equipment, and similar facilities located within a required side setback or within five feet of a rear property line, which shall not exceed a height of seven feet from finished grade. The finished grade shall not be artificially altered to allow for a higher detached accessory structure.

Location. Detached accessory structures shall not be located in front of the primary residence. Detached accessory structures on a corner lot shall not project beyond the front setback line required on the key lot in the rear and shall not be located closer than four feet to the side lot line of the key lot; provided, however, that the accessory structure shall not be located less than 25 feet from the side street line of a corner or reversed corner lot.

Separation distance. Detached accessory structures on a single parcel shall be separated from other accessory structures by at least five feet, or more if required by the Building Code.

Setbacks. Setbacks shall be as required by Table 4-1 (Required Setbacks – Accessory Residential Structures and Uses).

Table 4-1 Required Setbacks — Accessory Residential Structures and Uses
Type of Detached Accessory Structure/Use	Type of Setback (1)	Required Setback
Type of Detached Accessory Structure/Use	Type of Setback (1)	Single-Family and Duplex Dwellings	Multi-Family Dwellings
Air conditioning equipment, pool and spa equipment	Front	Same as primary structure	Same as primary structure
	Side, Rear	5 feet⁽⁴⁾	5 feet
	Street side	Same as primary structure	Same as primary structure
Garage, carport, portable covers, canopies, or shelters (permanent/temporary) of any type	Front	20 feet⁽⁵⁾	20 feet⁽²⁾⁽⁵⁾
	Side	5 feet⁽³⁾⁽⁴⁾	Same as primary structure
	Street side	10 feet; or 20 feet if entrance faces public right-of-way	10 feet; or 20 feet if entrance faces public right-of-way
	Rear	5 feet; or 20 feet if entrance faces right-of-way	Same as primary structure
Flagpole	Front	5 feet⁽⁴⁾	5 feet⁽⁴⁾
	Side	None	None
	Street side	5 feet⁽⁴⁾	5 feet⁽⁴⁾
	Rear	None	None
All other accessory structures, including decks, platforms, stationary compost bin, fire pit, gazebo, greenhouse, landscape ponds, outdoor play equipment, patio cover, recreational court, spa, stationary barbeque, storage shed, swimming pool, treehouse, workshop.	Front	Same as primary structure	Same as primary structure
	Side	5 feet	Same as primary structure
	Street side	Same as primary structure	Same as primary structure⁽³⁾
	Rear	10 feet-RE and RR Zones 5 feet-All other residential zones	Same as primary structure
Retaining walls	See Chapter 17.315 (Fences, Walls, and Hedges).

Notes:
(1)	Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, the Director shall establish required setbacks in compliance with Section 17.305.120 (Setback Regulations and Exceptions).
(2)	The front setback for side-entry garages shall be 15 feet.
(3)	Garages and carports in multi-family projects shall not directly face an abutting public street.
(4)	Accessory structures may be allowed within one required side setback only, provided that there is a three-foot-wide walkway continuously maintained between the front and rear yards that is open and unobstructed from the ground upward.
(5)	Attached garages for residences located in the Alessandro, Heritage, and Ramona neighborhoods shall be set back a minimum of five feet from the front plane of each residential structure.
(6)	Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

Standards for specific residential accessory structures and uses. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsections A through D, above.

Antennas. Antennas shall comply with the requirements of Section 17.425.290 (Satellite/Dish Antenna and Amateur Radio Antennas).

Greenhouses. Greenhouses shall comply with the following limitations:

A maximum of 400 square feet in size in the RL (Residential, Low-Density) and RM (Residential, Medium-Density) zones.

A maximum of 1,000 square feet in size or 5% of the parcel area, whichever is smaller, in the RR (Residential Rural) or RE (Residential Estate) Zones.

Not allowed in the RH (Residential, High-Density) or RVH (Residential, Very-High-Density) Zones.

Swimming pools. Residential swimming pools shall comply with the following:

Pool fencing shall comply with Chapter 17.315 (Fences, Walls, and Screening); and

Pool lighting shall be directed downward and shall only illuminate the pool and immediate seating area(s) in compliance with Section 17.300.080 (Outdoor Light and Glare).

Tennis and other recreational courts. Residential outdoor tennis courts and other recreational courts (e.g., basketball, racquetball, etc.) shall comply with the following:

Court fencing shall comply with Chapter 17.315 (Fences, Walls, and Screening); and

Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward and shall only illuminate the court and not adjacent property in compliance with Section 17.300.080 (Outdoor Light and Glare).

Workshops or studios.

Use of an accessory structure as a workshop or studio shall be limited to noncommercial hobbies or amusements; maintenance of the primary structure or the site; artistic endeavors (e.g., music, painting, photography, sculpture, writing, etc.); or other similar purposes.

Use of an accessory workshop for commercial activity may be allowed in the RE (Residential Estate) Zone in compliance with Section 17.425.140 (Cottage Businesses).

Workshops or studios shall not be used in connection with home occupations in compliance with Chapter 17.615 (Home Occupations).

(Ord. 24-13, 10/1/2024)

§ 17.405.060 Accessory Dwelling Units.

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.

Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

Required to correct a nonconforming zoning condition, as defined in Subsection C.8 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

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:

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.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities"

means 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.

"Efficiency kitchen"

means a kitchen that includes all of the following:

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:

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 C.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.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11.

"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.

12.

"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.

Approvals. The following approvals apply to ADUs and JADUs created under this section:

Ministerial ADU and building permits required. Every ADU and JADU requires an ADU permit and a building permit.

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 amount of the ADU permit processing fee is established by the City's adopted Master Fee Schedule.[1]

[1]

Editor's Note: The Master Fee Schedule is on file in the City office.

Process and timing.

Completeness.

Determination in 15 business 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.

Deemed complete. If the City does not make a timely determination as required by this Subsection D.3.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.

No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

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:

The applicant requests a delay, in which case the sixty-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 multi-family 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 multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

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 sixty-day time period established by Subsection D.3.c above.

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.

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.

Classes.

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. 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.

Converted on lot with single-family. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

Is either:

(A)

Within the space of a proposed single-family dwelling;

(B)

Within the existing space of an existing single-family dwelling; or

(C)

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; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv.

The JADU complies with the requirements of Government Code Sections 66333 through 66339.

Limited detached on lot with single-family. 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:

The side- and rear-yard setbacks are at least four feet.

ii.

The total floor area is 800 square feet of livable space or smaller.

iii.

The peak height above grade does not exceed the applicable height limit in Subsection F.2 below.

Converted on lot with multi-family. One or more ADUs within 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, 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 multi-family dwelling, up to a quantity equal to 25% of the existing multi-family dwelling units.

Limited detached on lot with multi-family. No more than two detached ADUs on a lot with a proposed multi-family dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each detached ADU satisfies all of the following:

The side- and rear-yard setbacks are at least four feet. If the existing multi-family dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multi-family 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 multi-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

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.

General requirements. The following requirements apply to all ADUs and JADUs:

Zoning.

A Class 1 ADU approved under Subsection E.1 may be created on a lot in a residential or mixed-use zone.

A Class 2 ADU approved under Subsection E.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

Height.

Except as otherwise provided by Subsection F.2.b and c below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height.

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 multi-family 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.

A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.

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.

For purposes of this Subsection F.2, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

Fire sprinklers.

Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

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.

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 multi-family lot).

Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

Owner occupancy.

ADUs. ADUs are not subject to an owner-occupancy requirement.

JADUs.

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.

Deed restriction. Prior to issuance of a certificate of occupancy for an 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:

The JADU may not be sold separately from the primary dwelling.

The JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the 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 JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

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 JADU in violation of the recorded restrictions or abatement of the illegal unit.

Building and safety.

Must comply with building code. Subject to Subsection F.9.b below, all ADUs and JADUs must comply with all local building code requirements.

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 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.9.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.

10.

Certificate of occupancy timing.

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.

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 all of the following requirements are met:

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.

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.

Maximum size.

The maximum size of a detached or attached ADU subject to this Subsection G is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.

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 have less than 800 square feet of interior livable space.

Setbacks.

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 twenty-five-foot front setbacks, subject to Subsection G.1.c above.

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.

Lot coverage. No ADU subject to this Subsection G may cause the total lot coverage of the lot to exceed the following, subject to Subsection G.1.c above:

50% in the RL and RR Zones

55% in the RL Zone

60% in the RM, RH, RVH Zones

75% in the MU Zone

Minimum open space. No ADU subject to this Subsection G may cause the total percentage of open space of the lot to fall below 50%, subject to Subsection G.1.c above.

Passageway. No passageway, as defined by Subsection C.9 above, is required for an ADU.

Parking.

Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection C.12 above.

Exceptions. No parking under Subsection G.6.a is required in the following situations:

The ADU is located within one-half mile walking distance of public transit, as defined in Subsection C.11 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.

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 multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections G.6.b.i through v above.

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.

Architectural requirements.

The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

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.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

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.

Windows and doors. Where an ADU exterior wall is located within 10 feet of a side or rear property line that abuts a lot developed with a residential dwelling, windows and doors on that wall must either:

Be located so that the centerline of the opening is at least five feet horizontally from the centerline of any window or door on the closest exterior wall of the adjacent dwelling, or

ii.

Be screened from direct line-of-sight into the adjacent dwelling by fencing or landscaping installed in accordance with Subsections G.7.g and h.

Windows with a finished sill height of five feet or more above the interior finished floor are exempt from Subsection G.7.f.i and ii.

Screening adjacent to street side and street rear property lines.

Where any portion of an ADU is located within 10 feet of a street side property line or a street rear property line, the ADU must be screened from the street by either:

(A)

A solid fence or wall installed in accordance with Subsection G.7.h, or

(B)

Landscaping installed and maintained in accordance with Subsection G.7.g.ii through iv.

ii.

If landscaping is used to satisfy Subsection G.7.g.i, the following standards apply:

(A)

At least one fifteen-gallon plant must be provided for every five linear feet of exterior ADU wall facing the street side or street rear yard, or at least one twenty-four-inch box plant must be provided for every 10 linear feet of that wall.

(B)

Each plant must be at least six feet tall at the time of installation.

(C)

All landscaping must consist of drought-tolerant species.

(D)

All landscaping must be permanently irrigated.

(E)

All landscaping with a mature height of four feet or more shall be located a minimum of three feet from the building to ensure adequate fire access.

iii.

As an alternative to landscaping under Subsection G.7.g.ii, a solid fence or wall at least six feet in height may be installed and maintained in accordance with Subsection G.7.h.

Fence and wall standards used for required screening.

Height for required screening. Fences and walls installed to satisfy the screening requirements of Subsections G.7.f or g must have a minimum height of five feet and a maximum height of six feet, measured from the adjacent finished grade to the top of the fence or wall.

ii.

Retaining walls with screening fences. Where a retaining wall is used together with a fence or wall for screening:

(A)

The fence or wall portion above the retaining wall must comply with the five- to six-foot height range in Subsection G.7.h.i, and

(B)

The combined height of the retaining wall and the fence or wall must not exceed nine feet, measured from the lower adjacent finished grade to the top of the fence or wall.

iii.

Materials for fences and walls used for screening.

(A)

Fences and walls used for required screening must be solid, without openings, except for gates.

(B)

Acceptable materials for required screening are masonry block and vinyl. Wood is only permitted as outlined in Subsection G.7.h.iv below.

(C)

Chain-link fencing, with or without mesh, is not permitted as a screening material.

iv.

Interior side yard wood fences. Within interior side yard areas, wood fencing may be used as a screening material if it is solid and constructed in accordance with all of the following specifications:

(A)

Materials.

(1)

All wood must be pressure-treated Douglas Fir or an equivalent pressure-treated structural wood product.

(2)

The minimum size of vertical fence boards must be one inch by six inches.

(3)

All exposed wood surfaces must receive two coats of exterior-grade paint the same color as some exterior element of the ADU or associated primary dwelling or oil-based stain in a neutral color that is compatible with the exterior color of the associated dwelling.

(B)

Construction.

(1)

Wood fences must be supported by 2 1/2-inch diameter tubular steel posts (three-inch diameter adjacent to gates), spaced no more than eight feet on center, set in concrete footings at least 18 inches deep and 10 inches in diameter. Steel posts must not be visible from any public right-of-way.

(2)

Continuous top and bottom rails must be provided on both sides of the fence to which the vertical fence boards are attached.

(3)

A two-inch by six-inch base, bolted to the support posts, must be provided at the bottom of the fence.

(4)

A two-inch by six-inch cap must be installed along the top of the fence for its full length.

(5)

Hinges, brackets, and bolts (minimum 3/8-inch diameter) must be galvanized and, where exposed, painted to match the color of the fence.

Fence and wall height in front yard areas serving an ADU.

For purposes of this Subsection G.7.i, "front yard area" means the area between the front property line and a line drawn parallel to the front property line at the following distances:

(A)

25 feet for lots in the RE, RR, RH, and RVH Zones.

(B)

20 feet for lots in the RL and RM Zones.

(C)

15 feet for lots in the MU Zone.

ii.

Any fence or wall located within the front yard area described in Subsection G.7.i.I must not exceed four feet in height, measured from adjacent finished grade to the top of the fence or wall.

iii.

Fences and walls located outside the front yard area, but serving as required screening for an ADU, must comply with the height and material standards in Subsection G.7.h.i through iv.

Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located entirely behind the rear-most exterior wall of the primary dwelling and directly behind the primary dwelling.

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 Subsection F.2.d of this section.

Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under Subsections E.1 or 2 above.

Impact fees.

No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this Subsection H.1, "impact fee" means a "fee" under the Mitigation Fee Act [Gov. Code § 66000(b)] and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

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.

Any impact fee that is required for an ADU that has 750 square feet or more 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).

Utility fees.

If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in Subsection H.2.a above, JADUs and 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 JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this subsection, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this Code.

Except as described in Subsection H.2.a, all ADUs that are not covered by Subsection H.2.b 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.

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.

Nonconforming zoning code conditions, building code violations, and unpermitted structures.

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.

Unpermitted ADUs and JADUs constructed before 2020.

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:

The ADU or JADU violates applicable building standards, or

ii.

The ADU or JADU does not comply with state ADU or JADU law or this Development Code.

Exceptions:

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.

(Ord. 25-14, 12/2/2025)