A. Purpose. The City of Sausalito finds and declares that accessory dwelling units are a valuable form of housing. Accessory dwelling units provide housing for family members, students, elderly, in-home health care providers, persons with disabilities and others, at below-market rental rates within existing neighborhoods. Homeowners who create accessory dwelling units benefit from added income and an increased sense of security.
It is the intent of the City to encourage accessory dwelling units and to impose standards to enable homeowners to create accessory dwelling units that will not aggravate or create safety problems. Additionally, it is the intent of the City to encourage the legalization of existing accessory dwelling units that were not built or established with proper permits and to ensure that existing accessory dwelling units are safe and habitable.
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.8 of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Cal. Health & Safety Code §
17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. "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:
a. An efficiency unit, as defined by Cal. Health & Safety Code §
17958.1; and
A manufactured home, as defined by Cal. Health & Safety Code §
18007.
3. "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.
4. "Efficiency kitchen"means a kitchen that includes all of the following:
a. 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.
5. "Junior accessory dwelling unit" or "JADU"means a residential unit that satisfies all of the following:
a. 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 of this section.
6. "Livable space"means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. "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.
9. "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.
D. Approvals. The following approvals apply to ADUs and JADUs created 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 of this section.
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 shall be determined by the Community and Economic Development Director and approved by the city council by resolution.
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 of this section 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
D.3.a, the application or resubmitted application is deemed complete for the purposes of subsection
D.3.c of this section.
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 City Council 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. The decision of the City Council shall be final.
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 of this section.
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 City Council 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 Cal. Gov't. Code § 66323. If an ADU or JADU complies with each of the general requirements in subsection
F of this section, it is allowed in each of the scenarios provided in this subsection
E.1. An ADU and JADU approved under subsection
E.1.a of this section may be combined with an ADU approved under subsection
E.1.b of this section, and ADUs approved under subsection
E.1.c. of this section may be combined with ADUs approved under subsection
E.1.d of this section.
a. Converted on Lot with Single-Family: 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; 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 Cal. Gov't. Code §§ 66333 through 66339.
b. 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:
i. 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 of this section.
c. Converted on Lot with Multifamily: 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 Lot with Multifamily: 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 of this section.
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 Cal. Gov't. Code §§ 66314 through 66322. Except for Class 1 ADUs approved under subsection
E.1 of this section, all ADUs are subject to the standards set forth in subsections
F and
G of this section.
F. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1. Zoning.
a. A Class 1 ADU approved under subsection
E.1 of this section may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU approved under subsection
E.2 of this section 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 Cal. Gov't. Code § 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 of this section, 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 Cal. Pub. Res. Code §
21155, 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 existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
b. The construction of an ADU or JADU 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 Cal. Gov't. Code § 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. 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.
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 certificate of occupancy for a 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. The JADU may not be sold separately from the primary dwelling.
b. The 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 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 a 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 JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Building and Safety.
a. Must Comply with Building Code. Subject to subsection
F.9.b of this section, 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 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.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.
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 of this section, 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 of this section. This subsection
G does not apply to Class 1 ADUs or JADUs approved under subsection
E.1 of this section.
1. Maximum Size.
a. 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.
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 of this section 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.
2. Floor Area Ratio (FAR). No ADU subject to this subsection
G may cause the total FAR of the lot to exceed the percentages shown in Table 10.44.80.1, subject to subsection
G.1.c of this section.
Table 10.44.80.1 |
|---|
| R-1 | R-2 | R-3 | PR | H | A |
|---|
R-1-6 | R-1-8 | R-1-20 | R-2-2.5 | R-2-5 |
|---|
Maximum floor area ratio | .45 | .40 | .35 | .65 | .40 | .8 | .65 | .25 | .30 |
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 10-foot front setbacks, subject to subsection
G.1.c of this section.
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 percentages shown in Table 10.44.80.2, subject to subsection
G.1.c of this section.
Table 10.44.80.2 |
|---|
| R-1 | R-2 | R-3 | PR | H | A |
|---|
R-1-6 | R-1-8 | R-1-20 | R-2-2.5 | R-2-5 |
|---|
Maximum building coverage | 35% | 30% | 30% | 50% | 35% | 50% | 25% | 30% | |
5. Maximum Impervious Surface. No ADU subject to this subsection
G may exceed the maximum impervious surface as shown in shown in Table 10.44.80.3, subject to subsection
G.1.c of this section.
Table 10.44.80.3 |
|---|
| R-1 | R-2 | R-3 | PR | H | A |
|---|
| R-1-6 | R-1-8 | R-1-20 | R-2-2.5 | R-2-5 |
|---|
Maximum impervious surface | 67.5% | 65% | 65% | 75% | 67.5% | 75% | 75% | 62.5% | 65% |
6. Passageway. No passageway, as defined by subsection
C.9 of this section, is required for an ADU.
7. Parking.
a. 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 of this section.
b. Exceptions. No parking under subsection
G.7.a of this section 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.11 of this section.
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 of this section.
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.
10. Historic District Protections. Any attached or detached ADU that is within the City of Sausalito Historic District (-H overlay district) must be located entirely behind the rear-most exterior wall of the primary dwelling and directly behind the primary dwelling. Except for where prohibited by applicable law, attached and new construction detached accessory dwelling units in the City of Sausalito Historic District (-H overlay district) shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
11. 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.
H. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsection
E.1 or
E.2 of this section.
1. Impact Fees.
a. 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 (Cal. Gov't. Code § 66000(b)) and a fee under the Quimby Act (Cal. Gov't. Code § 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 Cal. Educ. Code §
17620(a)(1)(C), and is therefore not subject to school fees under Cal. Educ. Code §
17620.
c. 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.)
2. Utility Fees.
a. 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.
b. Except as described in subsection
H.2.a of this section, JADUs and converted ADUs on a single-family lot that are created under subsection
E.1.a of this section 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 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 of this section, all ADUs that are not covered by subsection
H.2.b of this section 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 or the provisions of this section.
b. Exceptions:
i. Notwithstanding subsection
I.2.a of this section, 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 Cal. Health & Safety Code §
17920.3.
ii. Subsection
I.2.a of this section does not apply to a building that is deemed to be substandard in accordance with Cal. Health & Safety Code §§
17920.3.
(Ord. 1205 § 30, 2012; Ord. 1209 § 2, 2012; Ord. 1247 § 1, 2017; Ord. 1267 § 1, 2019; Ord. 1281 § 3, 2020; Ord. 1288 § 3, 2022; Ord. 05-2023 § 2, 2023; Ord. 01-2025 § 1, 2025; Ord. 12-2025, 12/2/2025)