The purpose of this section is to establish the regulations and procedures for the review of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in conformance with the California Government Code (Gov. Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.
Any construction, establishment, alteration, enlargement, or modification of an ADU shall comply with the requirements of this section and Title 14 (Building Regulations). For purposes of this section, ADUs include detached, attached, and JADUs.
(1) A building permit is required for ADUs and JADUs (Gov. Code § 66317(a)).
(2) The provisions included in this section apply to all lots that (1) are zoned to allow single-family or multifamily residential uses and (2) include a proposed or existing dwelling unit (Gov. Code § 66313(a)). No more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill 9 (Chapter 162, Statutes of 2021) lot split shall be allowed (Gov. Code § 66411.7(j)(1)).
(3) Any application for an ADU that meets the location and development standards contained in this section shall be approved ministerially without discretionary review or public hearing.
(d) Processing Time and Submittal Requirements
a. On lots with an existing single-family or multifamily dwelling, an application to create an ADU or JADU shall be approved or denied within 60 days of submission of a complete application, unless either:
I. The permit application for the ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, in which case the City shall not act on the ADU or JADU permit until it acts on the primary dwelling permit; or
II. The applicant requests a delay, in which case the 60-day period shall be tolled for the period of delay.
b. If the City has not acted upon the completed application for an ADU or JADU within 60 days, and neither of the above exceptions are met, then the application for the ADU or JADU shall be deemed approved (Gov. Code § 66317, subd. (a)).
(2) Submittal Requirements. The application for an ADU or JADU shall be submitted to the Planning Department. Compliance with the standards of this section shall be verified through the ministerial planning review process.
(3) Denial/Remedies. If the City denies an application for an ADU or JADU, the City will provide in writing a full set of comments within 60 days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than 60 days can be taken by the City (Gov. Code § 66317).
(e) Density and Consistency.
An ADU that conforms to this section shall (Gov. Code § 66314, subd. (c)):
(1) Not be considered for the purposes of evaluating the density requirements established in the General Plan.
(2) Be found consistent with the existing General Plan designation and zoning for the lot.
(3) Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(f) General Development and Operational Standards
(1) When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required (Gov. Code § 66314(d)(11)).
(2) A demolition permit for a detached garage that is to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued at the same time (Gov. Code § 66314(e)).
(3) Availability of Utilities. All ADUs shall be connected to public utilities or their equivalent, including water, electric, and sewer services, unless the ADU was constructed with a new single-family dwelling (Gov. Code §66324).
a. Utility Connections. The City may require a new or separate utility connection directly between an ADU and the utility.
b. Water and Sewer System. The City may require a water or sewer service connection directly between an ADU and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.
(4) Fire Sprinklers. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers are not required in an ADU. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers (Gov. Code § 66314(d)(12)).
(5) Occupancy. Owner occupancy is not required on a property with an ADU.
(g) Rental and Sale Limitations
(1) Long-Term Rentals Only. Rental of the ADU created pursuant to this section shall be for a term longer than 30 days (California Government Code, § 66315). Occupancy of the ADU or JADU shall not be allowed until the City approves occupancy of the primary dwelling unit (Gov. Code, § 66328).
(2) Sale and Conveyance. An ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Gov. Code § 66341 are met.
(3) If all the requirements of Gov. Code, § 66342 are met, the separate conveyance of the primary dwelling unit and ADU are allowed as condominiums.
(1) a. For an accessory dwelling unit described in Gov. Code § 66323(1)(a), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Gov. Code § 66342 (Gov. Code, § 66324, subd. (d)).
b. For an accessory dwelling unit that is not described in Gov. Code § 66323(1)(a), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Gov. Code § 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service (Gov. Code, § 66324, subd. (e)).
(2) Impact Fees. Impact fees shall not be imposed on an ADU that is less than 750 square feet in floor area. For all other ADUs, impact fees shall be charged proportionate to the square footage of the primary dwelling unit (Gov. Code, § 66324, subd. (c)).
(i) Compliance with Other Regulations
Building Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Code of Regulations Title 24) (Gov. Code, § 66314, subd. (d)(8)).
(j) Conditions for Nonconforming Uses and Structures
(1) Nonconforming Conditions. Notwithstanding Section 17.165.020 of the Adelanto Municipal Code, to the contrary, until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five (5) years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with the Gov. Code, § 66331 and Health and Safety Code § 17980.12(a) - (c), and the following conditions:
a. The ADU or JADU was built before January 1, 2020.
b. The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made.
(2) The City shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU in compliance with Gov. Code, § 66322, subd. (b).
(k) Number of ADUs or JADUs Permitted Per Legal Parcel or Lot
An application for a permit to establish an ADU or JADU that meets at least one of the following descriptions shall be ministerially approved without a public hearing and is not subject to the development standards of this section (Gov. Code § 66317, subd. (a)).
(1) One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling or within an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety (Gov. Code, § 66323, subd. (a)(1)).
(2) One detached new construction ADU. One JADU may also be combined with a detached ADU (Gov. Code, § 66323, subd. (a)(2)).
(3) Multiple ADUs within the portions of multifamily dwelling structures that are not used as livable space. Local agencies must allow an amount of ADUs up to 25% of the dwelling units in existing multifamily dwelling structures, or a minimum of one, whichever is greater (Gov. Code, § 66323, subd. (a)(3)).
(4) Up to two detached ADUs on a lot that has proposed multifamily dwellings (Gov. Code § 66323(a)(4)(iii)).
(5) Up to eight detached ADUs on a lot that has existing multiple family dwellings provided that the number of ADUs does not exceed the number of existing dwelling units on the lot (Gov. Code §66323(a)(4)(ii)).
(1) Location. Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached ADU after construction and occupation of a proposed dwelling on-site. Detached ADUs may be located in an existing accessory structure.
(2) Maximum Number of Detached ADUs.
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be two. The detached ADU may be in addition to an existing or proposed attached ADU or an existing or proposed JADU (Gov. Code, § 66314, subd. (d)(2)).
b. When accompanied by an existing multifamily dwelling, the maximum number of detached ADUs shall be eight per lot, however the number of ADUs shall not exceed the number of existing dwelling units on the lot (Gov. Code, § 66323, subd. (a)(4) (ii)). Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Gov. Code, § 66323, subd. (a)(4)(A).
c. On a lot with a proposed multifamily dwelling, the maximum number of detached ADUs shall be two per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Gov. Code, § 66323, subd. (a)(4)(ii)).
d. In no case shall the total number of primary dwellings and ADUs/JADUs exceed four on two parcels created via an SB 9 (Chapter 162, Statutes of 2021) lot split (Gov. Code, §§ 65852.21 and 66411.7, subd. (j)).
a. The minimum floor area shall be 150 square feet.
b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet (Gov. Code, § 66314, subd. (d)(5)).
a. The minimum side, street side, and rear-yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four feet from the side, street side, or rear yard (Gov. Code, §§ 66314, subd. (d)(7) and 66323, subd. (a)(2)). Please see the table below for the development standards for setbacks.
(17.20.030 Development Standards. Table 20-1a Accessory Structures Setbacks)
b. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code, § 66314, subd. (d)(7)).
(5) Maximum Height. The maximum height of detached ADUs shall be as follows (Gov. Code, § 66321, subd. (b)(4)):
a. For one-story detached ADUs, the maximum height shall be sixteen (16) feet. Where the detached ADU is within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code, § 21155, or with an existing or proposed multifamily dwelling of more than one (1) story, the maximum height shall be eighteen (18) feet.
b. For two-story detached ADUs, the maximum height shall be twenty-five (25) feet.
I. An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.
II. When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 5.a above to an amount equal to the height of the existing accessory structure to be converted.
a. Parking Requirements. A maximum of one (1) parking space shall be required per ADU or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway or in front and/or rear setback areas (Gov. Code, § 66314, subd. (d)(10)).
b. Exceptions. No parking shall be required for ADUs in any of the following instances (Gov. Code, §§ 66314, subd. (b)(2), and 66322, subd. (a)):
I. The ADU is within one-half (1/2) mile walking distance of public transit.
II. The ADU is 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(s) of the ADU.
V. There is a car-share vehicle within one (1) block of the ADU.
VI. When a permit application for the ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Gov. Code, § 66322, subd. (a)).
(7) Development Standards. Detached ADUs shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square foot detached ADU.
(1) Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
(2) Maximum Number of Attached ADUs.
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one (1). The attached ADU may be in addition to an existing or proposed detached ADU and/or an existing or proposed JADU (Gov. Code § 66323, subd. (a)(1–2).
b. When accompanied by a proposed or existing multifamily dwelling, the maximum number of attached ADUs allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one (1) attached ADU be allowed (Gov. Code, § 66323, subd. (a)(3)).
c. In no case shall the total number of primary dwelling and ADUs exceed five (5) on any given lot zoned for single-family residential uses (Gov. Code, § 66411.7, subd (j)).
a. The minimum floor area shall be one hundred fifty (150) square feet.
b. Single-family Attached ADU (Gov. Code, § 66323, subd. (a)(1)(A)).
I. The existing primary dwelling unit floor area may expand up to one hundred fifty (150) square feet.
II. If the ADU expands the existing primary dwelling more than one hundred fifty (150) square feet, then the floor area shall not exceed fifty percent (50%) of the living area of the existing primary dwelling unit (Gov. Code, § 66314, subd. (d)(4)) as long as an ADU with one (1) bedroom or fewer is allowed to be at least eight hundred fifty (850) square feet or an ADU with more than one (1) bedroom is allowed to be at least one thousand (1,000) square feet (Gov. Code, § 66321, subd. (b)(2)).
a. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing attached accessory structure that is less than (four) 4 feet from the side, street side, or rear yard.
b. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code, § 66314, subd. (d)(7)).
a. The maximum height of attached ADUs shall be two (2) stories and twenty-five (25) feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower (Gov. Code, § 66321, subd. (b)(4)).
b. Attached ADUs that are interior to an existing structure that is converted shall not exceed the height of that existing structure.
(6) Parking. No parking shall be required for an attached ADU.
(7) Development Standards.
a. Attached ADUs shall comply with all applicable base zone district objective development standards (Gov. Code, § 66321, subd. (b)(3)), including limits on lot coverage, objective design standards, floor-area ratio, open space, front setbacks, and minimum lot size unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square foot attached ADU with four (4) feet side and rear yard setbacks.
b. The City shall not use or impose additional standards other than those provided in Gov. Code, § 66314, including an owner-occupant requirement, except that the City may require that the property may be used for rentals of terms thirty (30) days or longer (Gov. Code, § 66315).
(n) Junior Accessory Dwelling Units (JADUs)
(1) Location. JADU must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use (e.g. DL-9, DL-2.5 & DL-5, R1-.5, R1, R3-8, R-S5). A JADU must be within the walls of the primary single-family dwelling, including, but not limited to, an attached garage (Gov. Code, § 66323, subd. (a)(1)).
(2) Maximum Number of JADUs.
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be two (2) per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU.
b. In no case shall the total number of primary dwelling and ADUs/JADUs exceed five (5) on any given lot zoned for single-family residential uses (Gov. Code, §§ 65852.21 and 66411.7).
a. The minimum floor area shall be one hundred fifty (150) square feet.
b. The maximum floor area shall be five hundred (500) square feet.
(4) Parking. No parking shall be required for a JADU, including replacement parking.
(5) Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.
(6) Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.
(7) Kitchen Features. An efficiency kitchen shall be provided, including all of the following (Gov. Code, § 66333, subd. (f)):
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
(8) Occupancy. Owner occupancy shall be required in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization (Gov. Code, § 66333, subd. (b)).
(9) Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the Planning Department. The deed restriction shall include both of the following (Gov. Code, § 66333, subd. (c)):
a. A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this Section.
(o) Definitions (Gov. Code § 66313)
Accessory dwelling unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include 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. An ADU also includes the following:
b. A manufactured home, as defined in Health and Safety Code, § 18007.
Accessory structure. A structure that is accessory and incidental to a dwelling located on the same lot.
Efficiency unit. As defined in Health and Safety Code, § 17958.1.
Impact fee. As the term “fee” is defined in Gov. Code, § 66000(b), except that it also includes fees specified in Gov. Code, § 66477. Impact fee does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
Junior accessory dwelling unit (JADU). A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Livable space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Living area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Local agency. A city, county, or city and county, whether general law or chartered.
Multifamily dwelling. Two (2) or more attached primary dwelling units.
Nonconforming zoning condition. A physical improvement on a property that does not conform with current zoning standards.
Objective standards. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.
Permitting agency. Any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
Primary dwelling unit. The single-family dwelling or each multifamily dwelling unit but does not include an ADU or JADU. An attached garage is considered part of the primary dwelling unit.
Proposed dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
Public transit. 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. Two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15; Ord. No. 627, Exhibit C, 6/22/22; Ord. No. 660, Exhibit A, 3/25/26.]