Belvedere City Zoning Code

19.79 Accessory

Dwelling Units and Junior Accessory Dwelling Units

19.79.010 Purpose.

The purpose of this chapter is to provide for the efficient creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with the requirements outlined in California law. ADUs and JADUs expand the opportunity for small, lower-cost housing in the City of Belvedere, while preserving the residential character of its neighborhoods.

California Government Code Sections 66310 through 66342 establish different accessory dwelling unit categories and applicable development standards for each accessory dwelling unit category.

Accessory dwelling units shall only require a building permit and are only subject to the development standards described in this chapter. Further, applications for ADUs and JADUs, consistent with this chapter, are to be ministerially approved, meaning these applications are not subject to discretionary review or public hearings if they meet all requirements set forth in this chapter. (Ord. 2025-06 § 2, 2025.)

19.79.020 Definitions.

This section provides definitions for accessory dwelling units in compliance with California Government Code Sections 66310 through 66342. For purposes of this section, terms used herein that are identical to the terms used in California Government Code Sections 66310 through 66342 shall have the same meaning as those terms are defined in said Government Code section. Where terms used herein are identical to the terms used in Chapter 19.08, the definitions provided in this section shall control, unless otherwise specified in this section. Notwithstanding the foregoing, the definitions below shall apply to the following terms as used in this chapter:

“Accessory dwelling unit (ADU)” means an attached or 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 or multifamily dwelling. 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 accessory dwelling unit also includes the following:

1. “Efficiency unit” means as defined in Section 17958.1 of the California Health and Safety Code.

2. “Manufactured home” means as defined in Section 18007 of the Health and Safety Code.

3. “Attached accessory dwelling unit” means a new residential dwelling unit that is constructed as a physical expansion (e.g., building addition) of an existing primary residence by way of one or more common walls, a shared floor or ceiling, or included as an attached component of a proposed primary residence.

4. “Detached accessory dwelling unit” means a new residential dwelling unit that is located on the same lot as a primary residence and is not physically attached (e.g., no common wall or roof, etc.) to a primary residence or multifamily dwelling.

5. “Conversion accessory dwelling unit” means a dwelling unit created within the existing walls of a primary or multifamily dwelling unit or accessory structure.

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

“Car share vehicle” means a vehicle available for sharing located in a car share vehicle facility approved by the City.

“Car share vehicle facility” means a facility of fixed location approved by the City to permit the storage, pick-up, and drop-off of a car share vehicle.

“Efficiency kitchen” means a kitchen with the minimum following components:

1. A sink with a minimum width and length of 16 inches and a waste line diameter of one and one-half inches;

2. A cooking facility or appliance that uses electrical service, natural gas, or propane gas; and

3. A food preparation counter and storage cabinets that are six feet in length.

“Existing structure” means an existing permitted or otherwise legal single-family dwelling, multifamily dwelling, or accessory structure.

“High-quality transit corridor” as defined in California Public Resources Code Section 21155 means a corridor with fixed-route bus service with service intervals no longer than fifteen minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than twenty-five percent of their area farther than one-half mile from the stop or corridor and if not more than ten percent of the residential units or one hundred units, whichever is less, in the project are farther than one-half mile from the stop or corridor.

“Junior accessory dwelling unit” means a unit located entirely within the walls of an existing or proposed single-family residence, or attached garage, that is no more than five hundred square feet, includes an efficiency kitchen, and includes either its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family residence.

“Livable space” means 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.

“Lot” or “parcel” means as defined in Chapter 19.08.

“Major transit stop” as defined in California Public Resources Code Section 21155 means a site containing any of the following:

1. Existing rail or bus rapid transit station.

2. Ferry terminal served by either a bus or rail transit service.

3. Intersection of two or more major bus routes with a frequency of service interval of twenty minutes or less during the morning and afternoon peak commute periods.

“Multifamily dwelling” means a building with two or more attached dwelling units located in a multifamily residential or mixed-use zoning district. This definition includes, but is not limited to, duplexes, triplexes, apartments, and condominiums under common ownership.

“Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.

“Passageway” means a pathway that is unobstructed and clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

“Primary dwelling unit” (or “primary unit,” “primary dwelling,” “primary single-family dwelling,” “primary unit single-family dwelling,” or “primary residence”) means a permitted or otherwise legal single-family dwelling that is the main residential unit on a lot and is larger than any proposed ADU; or a permitted or otherwise legal multifamily dwelling unit on a lot zoned for multifamily residential or mixed use. For any lot with an existing residential unit, the existing residential unit shall be the primary dwelling unit, and any proposed new accessory dwelling unit(s) shall be required to qualify under this code as one of the permitted types of accessory dwelling units.

“Proposed dwelling” means a new single-family or multifamily dwelling that is the subject of a permit application and that meets the requirements for permitting.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

“Single-family dwelling” means as defined in Chapter 19.08.

“Story” means as defined in Chapter 19.08.

“Tandem parking” means two or more automobiles parked on a driveway or in any other location on a lot, lined up one behind the other. (Ord. 2025-06 § 2, 2025.)

19.79.030 Land use, zoning, and density.

A. An accessory dwelling unit:

1. Represents a residential land use;

2. Is not subject to the density requirements of the Belvedere General Plan or this title; and

3. Is allowed on any lot when combined with an existing permitted, otherwise legal, or proposed single-family or multifamily dwelling in a residential or mixed-use zone.

B. Number of Units. Belvedere shall ministerially approve an application that meets the specified requirements of this chapter for a building permit within a residential or mixed-use zone to create any of the following:

1. One ADU and one JADU are permitted per lot within the proposed or existing space of a single-family dwelling.

2. One detached new construction ADU. This ADU may be combined on the same lot with a JADU and an ADU converted from existing space within a single-family dwelling.

3. Multiple ADUs within the portions of multifamily structures that are not used as livable space. A minimum of one ADU and up to twenty-five percent of the existing multifamily structures on the property.

4. Up to two detached ADUs on a lot with a proposed multifamily dwelling and up to eight detached ADUs on a lot with an existing multifamily dwelling unit; provided, that the number of ADUs does not exceed the number of existing units on the lot.

C. Nonconforming Zoning Condition. Notwithstanding anything to the contrary in this title, the construction of an ADU pursuant to this section shall not be contingent on the correction of any existing nonconforming zoning condition as defined by this section.

D. Separate Sale or Conveyance. Except as provided by the Government Code, an ADU shall not be sold or conveyed separately from the primary dwelling unit on a qualifying lot for development of an ADU.

E. Building Code. All local and State building code provisions applicable to dwelling units shall apply to ADUs, except as modified by this section in accordance with State law.

F. Fire Sprinklers. Fire sprinklers shall not be required for an accessory dwelling unit if not required for the primary dwelling unit. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling.

G. Easements. ADUs shall not be permitted to encroach on any recorded or judicially decided easement.

H. Rental Period. An ADU shall be rented to the same person or persons for a term of thirty days or longer. An ADU may be rented separately from the primary dwelling unit. No short-term rentals allowed.

I. Certificate of Occupancy. A certificate of occupancy for an ADU shall not be issued before a certificate of occupancy is issued for a primary dwelling unit.

J. Street Address Required. Street addresses shall be assigned to an ADU to assist in emergency response. The street address shall match that of the primary dwelling unit, followed by a unique alphabetical identifier (e.g., 1000A Main Street for an ADU associated with a primary dwelling unit of 1000 Main Street). (Ord. 2025-06 § 2, 2025.)

19.79.040 Development standards and permit requirements for accessory dwelling units.

California Government Code Sections 66310 through 66342 establish different ADU categories and applicable development standards for each accessory dwelling unit category.

ADUs shall only require a building permit and are only subject to the development standards as described below. If a building permit application to create an ADU is submitted concurrently with a permit application to create a new primary dwelling unit on the same lot, a decision on the ADU will be deferred until an action is taken on the permit application to create the new primary dwelling unit. If the application for the primary dwelling unit is approved, then the proposed ADU shall be ministerially approved if it meets the requirements of this section and applicable State law.

1. Unit Size. Except as permitted in Section 19.79.070, the maximum gross floor area shall be eight hundred fifty square feet for a studio or one-bedroom unit or one thousand square feet for a unit of two or more bedrooms. This square footage is not subject to, and exempt from, the maximum floor area and lot coverage of the underlying zone.

2. Setbacks. Minimum side and rear setbacks of four feet.

3. Fire Protection Building Separation Requirement. A detached accessory dwelling unit shall maintain a minimum building separation distance that is sufficient for fire and safety.

a. Maximum height of sixteen feet or maximum height of eighteen feet for a detached accessory dwelling unit that is within one-half mile walking distance of a major transit stop or high-quality transit corridor and an additional two feet is allowed only to the extent that it is necessary to accommodate a roof pitch aligned with that of the primary dwelling unit.

b. On parcels with a slope of thirty percent or more at the footprint of the ADU, the height of the ADU may exceed the heights permitted under subsection (A)(4)(a) of this section, only to the extent necessary to accommodate a nine-foot interior floor to ceiling height, up to a maximum height of twenty-five feet from grade.

1. Unit Size. Except as permitted in Section 19.79.070, the maximum gross floor area shall be eight hundred fifty square feet. This square footage is not subject to, and exempt from, the maximum floor area and lot coverage of the underlying zone.

2. Setbacks. Minimum side and rear setbacks of four feet.

3. Height Limit. Maximum height of twenty-five feet or the height limit that applies to the primary dwelling, whichever is lower.

4. Separate Entry. A separate exterior entryway shall be required independent of the primary dwelling unit’s entry.

2. Setbacks. Minimum side and rear setbacks sufficient to provide for fire and safety shall be required where an addition of up to one hundred fifty square feet is proposed.

3. Height Limit. An accessory dwelling unit converted within the living area of an existing single-family dwelling or the area of an existing accessory structure shall not exceed the height of the existing dwelling or accessory structure.

4. Separate Entry. A separate exterior accessible entryway shall be required, independent of the primary dwelling unit’s entryway.

1. An existing second kitchen unit may be converted to an ADU provided it complies with California Government Code Sections 66313 through 66342. The City shall not require the correction of any nonconforming zoning condition as a condition of approval for conversion of a second kitchen unit to an ADU.

2. Unit Size. There is no maximum gross floor area for the conversion of a second kitchen unit to an ADU. Up to eight hundred fifty square feet of this area is not subject to, and exempt from, the maximum floor area of the underlying zone. An addition of up to one hundred fifty square feet is allowed for the sole purpose of accommodating ingress and egress to the ADU.

3. Setbacks. Minimum side and rear setbacks sufficient to provide for fire and safety shall be required where an addition of up to one hundred fifty square feet is proposed.

4. Height Limit. An accessory dwelling unit converted within the living area of an existing single-family dwelling or the area of an existing accessory structure shall not exceed the height of the existing dwelling or accessory structure.

5. Separate Entry. A separate exterior accessible entryway shall be required, independent of the primary dwelling unit’s entryway.

1. Location. Accessory dwelling units shall only be allowed through the conversion of existing multifamily building space that is not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) and only when the proposed unit(s) comply with State building standards for dwellings.

2. Number of Multifamily Dwelling Conversion Accessory Dwelling Units. A minimum of one conversion accessory dwelling unit shall be permitted and up to a maximum number not exceeding twenty-five percent of the existing multifamily dwelling units. Any fractional/decimal result of a calculation to determine the number of accessory dwelling units in a multifamily unit shall be rounded down to the next whole unit (e.g., seven multifamily units allow a maximum of one accessory dwelling unit).

3. Unit Size. The maximum gross floor area shall be equal to the area of the existing multifamily building space that is not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) and is being converted to accessory dwelling unit(s).

4. Setbacks. Not applicable. A multifamily dwelling conversion accessory dwelling unit(s) shall not expand the existing multifamily building footprint.

5. Maximum Height. The multifamily dwelling conversion accessory dwelling units shall not exceed the height of the existing building area being converted to an accessory dwelling unit.

6. Separate Entry. A separate entryway shall be provided for each accessory dwelling unit.

1. Number of Detached Accessory Dwelling Units. A maximum of two detached accessory dwelling units shall be allowed on a lot with a proposed multifamily dwelling and up to a maximum of eight detached accessory dwelling units shall be allowed on a lot with an existing multifamily dwelling unit; provided, that the number of accessory dwelling units does not exceed the number of existing units on the lot.

2. Setbacks. Minimum side and rear setbacks of four feet.

b. On parcels with a slope of thirty percent or more at the footprint of the ADU, the height of the ADU may exceed the heights permitted under subsection (F)(3)(a) of this section, only to the extent necessary to accommodate a nine-foot interior floor to ceiling height, up to a maximum height of twenty-five feet from grade.

Notwithstanding the development standards provided above, an applicant shall be entitled to construct a detached or attached accessory dwelling unit of at least eight hundred square feet, sixteen feet in height, with four-foot side and rear setbacks. The height of an accessory dwelling unit shall be measured per Chapter 19.56. The floor area of an accessory dwelling unit shall be measured per Section 19.08.203. (Ord. 2025-06 § 2, 2025.)

19.79.050 Required parking.

A. Accessory dwelling units that conform with the development standards listed in this chapter shall not be required to have additional parking. If an exception pursuant to Section 19.79.100 is required for a proposed accessory dwelling units, one off-street parking space is required, in addition to required parking for the primary dwelling unit, except as exempt pursuant to subsection (A)(3) of this section, subject to the following design standards:

1. Off-street parking for an accessory dwelling unit is allowed via installation of a new independent parking stall or by tandem parking on a driveway within a required setback area, unless findings are made that such parking is infeasible based on site-specific topographical, fire, and/or life safety conditions.

2. Off-street parking shall comply with applicable standards in this title.

3. Off-street parking is not required for an accessory dwelling unit in any of the following instances:

a. The accessory dwelling unit is located within one-half mile walking distance of public transit as defined in this section.

b. The accessory dwelling unit is located within an architecturally and historically significant historic district.

c. The accessory dwelling unit is part of an existing primary residence or existing accessory structure converted to accommodate an accessory dwelling unit.

d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e. When there is a car share vehicle facility, as defined in this section, located within one block of the accessory dwelling unit.

f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new primary dwelling unit on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.

4. Primary Dwelling Parking. Where an existing garage, carport, uncovered parking space, or covered parking structure is demolished or converted to create an accessory dwelling unit, then those off-street parking spaces are not required to be replaced. (Ord. 2025-06 § 2, 2025.)

19.79.060 Permitting requirements.

A. Submittal Requirements. The submittal requirements for accessory dwelling units are those required by the Planning and Building Department for a building permit.

B. Unpermitted Accessory Dwelling Unit. An unpermitted ADU that was constructed before January 1, 2020, can be permitted pursuant to the provisions of California Government Code Section 66332.

C. Nothing in this section is intended to unlawfully conflict with State law. In the event of a conflict between State law and this section, where State law preempts this section or any part thereof, the provisions of State law shall control. (Ord. 2025-06 § 2, 2025.)

19.79.070 Size bonus.

A. For an ADU where the property owner additionally enters into a regulatory agreement or a declaration of restrictions with the City that restricts the rent for that unit to a level affordable to low-income or very low-income households (for Marin County, as determined by the United States Department of Housing and Urban Development), the property owner may receive the benefit of either of the following development standards regarding the maximum size of an accessory dwelling unit:

1. A detached ADU shall not exceed one thousand square feet or one thousand two hundred square feet with two or more bedrooms and meet all the other ADU development standards.

2. An attached ADU shall not exceed one thousand square feet, or fifty percent of the existing living area of the primary dwelling unit, whichever is less and meet all the other ADU development standards. “Existing living area” means the interior habitable area of the primary dwelling unit and includes basements and attics, but existing living area does not include garages or any accessory structures. (Ord. 2025-06 § 2, 2025.)

19.79.080 Junior accessory dwelling units.

This section provides standards for the establishment of junior accessory dwelling units in compliance with the Government Code.

A. Land Use. JADUs represent a residential land use and are not required to meet the density requirements of the Belvedere general plan or this title. Junior accessory dwelling units are an allowed land use where single-family dwellings are permitted by zoning.

B. Maximum Number of Units. A maximum of one JADU shall be allowed on a lot within the walls of an existing or a proposed primary single-family dwelling unit.

C. Nonconforming Zoning Condition. Notwithstanding any other provision of this title, the construction of a JADU shall not be contingent on the correction of any existing nonconforming zoning condition as defined herein.

D. Separate Sale or Conveyance. A JADU shall not be sold or conveyed separately from the single-family dwelling in which it is located.

E. Building Code. All local and State building code provisions applicable to dwelling units shall apply to JADUs.

F. Rental Period. A JADU shall not be rented for a period of less than thirty days. A JADU shall not be used as a short-term rental.

G. Certificate of Occupancy. A certificate of occupancy for a JADU shall not be issued before a certificate of occupancy is issued for a new primary single-family dwelling within which the JADU will be located.

H. Street Address Required. Street addresses shall be assigned to all junior accessory dwellings to assist in emergency response. The street address shall match the primary dwelling followed by a unique alphabetical identifier (e.g., 1000A Main Street for a JADU associated with a primary dwelling of 1000 Main Street).

I. Owner Occupancy. The owner of a parcel proposed for a JADU shall occupy the primary dwelling unit or junior accessory dwelling unit as their principal residence. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or nonprofit housing organization as defined by California Government Code Section 65589.5.

J. Development Standards. JADUs shall comply with the following standards as addressed by the Government Code.

1. Unit Size. The maximum gross floor area allowed for a JADU is five hundred square feet.

2. Setbacks. A JADU shall be located entirely within the footprint of an existing or proposed single-family dwelling.

3. Height Limit. The existing height of the area being converted to a JADU or the maximum height approved for a proposed single-family residence within which the JADU will be located.

4. Efficiency Kitchen. A JADU shall include an efficiency kitchen.

5. Separate Exterior Entry. A separate exterior entryway shall be provided, independent of the primary dwelling unit’s entryway.

6. Internal Doorway Connection. A common interior doorway shall be provided to connect a JADU to the living area of the primary single-family dwelling if the JADU does not include a separate bathroom.

K. Permit Requirement and Review Procedure. A JADU requires only a building permit. If a building permit application to create a JADU is submitted concurrently with a permit application to create a new single-family dwelling on the same lot, action on the JADU will be deferred until an action is taken on the permit application to create the new single-family residence.

L. On-Site Parking. No on-site parking is required for a JADU.

M. Replacement Parking. Where an existing attached garage providing conforming parking for a single-family dwelling is converted to create a JADU then those off-street parking stalls shall be replaced on site in accordance with the applicable standards in this title.

N. Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction, signed by the owner(s) of record and the Planning and Building Director or designee, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations applicable to a JADU identified in this section. Said deed restriction shall run with the land and shall be binding upon any future owners, heirs, or assigns. The recorded deed restriction shall state that:

1. The JADU shall not be sold separately from the primary dwelling unit;

2. The JADU may not be rented for a period of less than thirty consecutive calendar days;

3. The JADU is restricted to the maximum size allowed per the Government Code.

4. The JADU shall be considered legal only so long as the primary dwelling is occupied by the owner of record of the property, unless the owner is another governmental agency, land trust, or nonprofit housing organization.

5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of this chapter may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.

O. Unpermitted JADUs. An unpermitted JADU that was constructed before January 1, 2020, can be permitted pursuant to the provisions of Government Code Section 66332. (Ord. 2025-06 § 2, 2025.)

19.79.090 Design standards.

Attached and detached ADUs shall be designed to match the aesthetics of the existing or proposed primary dwelling on the property.

A. Exterior Finish Materials. Allowable exterior building materials are set forth below. Materials not allowed include vinyl and aluminum products, including those intended to simulate wood, and rough-sawn wood. Concrete block is not allowed, unless concealed by allowable materials listed below.

1. For wall elements: wood, plaster, and metal or fiber cement panels.

2. For roof elements: asphalt shingles, standing metal seam, asphalt roll roofing, tar, modified bitumen roofing, rubber or membrane roofing in a dark and nonreflective color.

3. Wood. Exterior application of wood shall be comprised of: (a) wood modules comprised of lap siding, vertical plank siding, horizontal plank siding, or shingles; or (b) exterior plywood with battens to cover joints and horizontally spaced not less than two feet on center.

4. Plaster and Concrete. For exterior application of plaster and concrete, a horizontal expansion joint or control joint shall be placed at the level of each floor and roof, and a vertical expansion joint shall occur at least every fourteen feet. For stucco, expansion and control joints shall be reinforced with metal.

5. Metal. Metal panels and metalwork may be used, but shall be nonreflective and shall not produce glare. Metal pieces, panels, fasteners, and detailing shall be resistant to corrosion.

6. Brick and Stone. If brick and stone are used around a building opening, a soldier course or lintel shall be incorporated, which is above the opening and at least eight inches tall.

7. Second Story Decks and Covered Patios and Decks. Exterior decks on second stories or roofs are prohibited. Covered outdoor living areas, such as patios and decks, are not permitted as part of the ADU.

8. Outside Deck Space. Exterior decks on second stories or roofs are prohibited.

1. Window Type. Operable windows shall be limited to double-hung, awning, or casement-type windows. Horizontal sliding and hopper windows are prohibited.

2. Operable Windows. Rooms with exterior windows shall include one or more operable windows, except where exclusive use of fixed windows is needed to mitigate excessive noise or air quality impacts.

3. Mullions. Mullions may not be behind glass, such as within double-glazed windows, but must project beyond the exterior of the glass surface.

4. Wood Trim. Where a facade plane is surfaced with wood, windows shall be framed by wood.

C. Landscaping. Setback areas shall be landscaped except for areas necessary for pedestrian access and vehicular access, and where utilities preclude landscaping. Landscaping shall be comprised of trees, shrubs, and groundcover, which shall be native to the region. Trees that have a trunk with a circumference of fifty inches or more, measured at twenty-four inches above the natural grade, or at a point twenty-four inches above the highest grade which are to be removed as a result of the addition of an ADU shall be replaced with a new tree or trees of the same or comparable size and species.

D. Landscape Plan Required. A landscape documentation package shall be provided with the development application that complies with the standards of the “Model Water Efficient Landscape Ordinance” (MWELO) adopted by the California Department of Water Resources in Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations, which is hereby adopted by reference.

E. Fences and Walls. The standards of Section 20.04.150 (Fences and screening) shall apply.

F. Lighting. All lighting fixtures shall be fully shielded and shall conform to Section 20.04.180 (Exterior lighting, skylights, and reflectivity). At least one wall-mounted exterior light fixture shall be provided within four feet of a building entryway. Exterior lighting shall be fixed, downward-facing, and bulbs shall be covered. Exterior lighting and any skylights shall not cast direct light beyond the side and rear property lines. (Ord. 2025-06 § 2, 2025.)

19.79.100 Exceptions.

An applicant may request exceptions to the requirements in this chapter by applying to the Planning Commission for a conditional use permit pursuant to Chapter 19.80. Any exceptions approved under a conditional use permit must also comply with all design review criteria and standards. Any ADU approved by a conditional use permit shall not exceed one thousand square feet. A size bonus as described in Section 19.79.070 can allow an additional two hundred square feet.

In its evaluation of any potential exception, the Planning Commission is to consider the unique conditions of the site and must find that the increased development standards are necessary for the development of the ADU. Where exceptions are required for the creation of the accessory dwelling structure, the Planning Commission is to look to the underlying zoning standards as the very most allowable exception but adhere as closely as possible to the development standards outlined in this chapter. (Ord. 2025-06 § 2, 2025.)

19.79.110 Violations and enforcement.

It shall be unlawful for any person to construct or maintain an accessory dwelling unit or junior accessory dwelling unit on property within the City without compliance with this chapter. The maintenance, ownership, or use of any accessory dwelling unit or junior accessory dwelling unit except as permitted in this chapter shall constitute a nuisance, subject to abatement pursuant to the Municipal Code, or any other remedy allowed in the Municipal Code and State law. All remedies are cumulative. (Ord. 2025-06 § 2, 2025.)

19.79.120 Preemption.

Nothing in this chapter is intended to unlawfully conflict with State law. In the event of a conflict between State law and this section where State law preempts this section or any part thereof, the provisions of State law shall control. (Ord. 2025-06 § 2, 2025.)