The purpose of this chapter is to allow, regulate and establish procedures for permitting of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

(Ord. 499, 2023)

An ADU or JADU that conforms to the standards in this chapter will not be:

A.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

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

C.

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

D.

Required to correct a nonconforming zoning condition, as defined in Subsection 17.47.020G. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(Ord. 499, 2023)

As used in this chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a 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. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

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

C.

"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.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than five hundred (500) square feet in size.

2.

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.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

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.

5.

It includes an efficiency kitchen, as defined above.

F.

"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.

G.

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

H.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU or JADU.

I.

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

J.

"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.

K.

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

(Ord. 499, 2023)

The following permitting requirements apply to ADUs and JADUs under this chapter:

A.

Type 1 ADU - Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.47.050, it is allowed with only a building permit in the following scenarios:

1.

Converted on Single-family Lot. One (1) ADU as described in this Subsection 17.47.030A.1 and one (1) JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a.

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 one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress; and

b.

Has exterior access that is independent of that for the single-family dwelling; and

c.

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

d.

The JADU complies with the requirements of California Government Code Section 65852.22.

2.

Limited Detached on Single-family Lot. One (1) detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection 17.47.030A.1), if the detached ADU satisfies each of the following limitations:

a.

The side- and rear-yard setbacks are at least four (4) feet.

b.

The total floor area is eight hundred (800) square feet or smaller.

c.

The peak height above grade does not exceed the applicable height limit in Subsection 17.47.050B.

3.

Converted on Multifamily Lot. One (1) 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 17.47.030A.3, at least one (1) converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five (25%) percent of the existing multifamily dwelling units.

4.

Limited Detached on Multifamily Lot. No more than two (2) detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

a.

The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, then the Director shall not require any modification to the multifamily dwelling as a condition of approving the ADU.

b.

The peak height above grade does not exceed the applicable height limit provided in Subsection 17.47.050B.

B.

Type 2 ADU - Administrative ADU Permit Required. An ADU that does not qualify as a Type 1 ADU (as set forth in Subsection 17.47.030A) may be constructed with Director approval of a building permit and an ADU Permit in compliance with the standards set forth in Sections 17.47.050 and 17.47.060. An application for an ADU Permit shall be submitted on a form prescribed by the Community Development Department and be accompanied by any ADU Permit application processing fee established by City Council resolution.

(Ord. 499, 2023)

A.

Applications for Type 1 and Type 2 ADUs (under Subsections 17.47.030A and B, respectively) will be considered and approved ministerially, without discretionary review or a hearing.

B.

The Director must approve or deny an application to create an ADU or JADU within sixty (60) days from the date that the City receives a completed application. If the Director has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either of the following occurs:

1.

The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay; or

2.

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 Director may delay acting on the permit application for the ADU or JADU until the Director approves or denies 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.

C.

If the Director denies an application to create an ADU or JADU, the Director must provide the applicant with a full set of 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. The Director must provide the applicant with the notice of the denial and the corresponding comments within the 60-day time period established by Subsection 17.47.040B.

D.

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.

(Ord. 499, 2023)

The following requirements apply to all Type 1 and Type 2 ADUs and JADUs that are approved under Section 17.47.030:

A.

Zoning.

1.

A Type 1 ADU or JADU subject only to a building permit under Subsection 17.47.030A may be created on a lot in a residential or mixed-use district.

2.

A Type 2 ADU or JADU subject to an ADU permit under Subsection 17.47.030B may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

B.

Height.

1.

Except as otherwise provided by Subsections 17.47.050B.2 and B.3, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen (16) feet in height.

2.

A detached ADU may be up to eighteen (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 a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be to two (2) additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one (1) story above grade may not exceed 18 feet in height.

4.

An ADU that is attached to the primary dwelling may not exceed twenty-five (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 17.47.050B.4 may not exceed two (2) stories.

5.

For purposes of this Subsection 17.47.050B, height is measured above existing legal grade to the peak of the structure.

C.

Fire Sprinklers.

1.

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

2.

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

D.

Rental Term. No Type 1 ADU or JADU may be rented for a term that is shorter than thirty (30) days.

E.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, 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).

F.

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 (5) years or, if the percolation test has been recertified, within the last ten (10) years.

G.

Owner Occupancy.

1.

Owner occupancy is not required on a property on which an ADU has been created.

2.

As required by state law, properties on which a JADU has been created are 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. However, the owner-occupancy requirement in this Subsection 17.47.050G.2 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H.

Deed Restriction. Prior to final inspection for occupancy of an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the Director and must provide that:

1.

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2.

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

3.

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

4.

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

5.

The deed restriction is enforceable by the Director for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I.

Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, with the building permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. Notwithstanding the foregoing, the requirements of this subsection shall only apply to properties for which the ADU or JADU is being built to satisfy affordable inclusionary housing requirements of a development or is subject to an affordable housing agreement between the City and the property owner.

J.

Building and Safety.

1.

Compliance with building code. Subject to Subsection 17.47.050J.2, all ADUs and JADUs must comply with all local building code requirements.

2.

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 17.47.050J.2 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.

(Ord. 499, 2023)

The following requirements apply only to Type 2 ADUs that require an ADU permit under Subsection 17.47.030B.

A.

Maximum Size.

1.

The maximum size of a detached or attached ADU subject to this section is one thousand two hundred (1,200) square feet.

2.

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

3.

Application of other development standards in this Section 17.47.060, 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 17.47.060A.2 or of an FAR, lot coverage limit, minimum front yard setback or open-space requirement may require the ADU to be less than eight hundred (800) square feet.

B.

Floor Area Ratio (FAR). Subject to Subsection 17.47.060A.3, no ADU subject to this section may cause the floor area ratio of all residential and accessory structures on a lot to exceed the maximum FAR as specified according to the following schedule:

C.

Setbacks.

1.

An ADU that is subject to this section must conform to the following minimum front-yard setbacks, subject to Subsection 17.47.060A.3:

a.

R-10, R-12, R-15 and All Multiple Family Residential Districts: twenty (20) feet.

b.

R-20 District: twenty-five (25) feet.

c.

R-40 and R-40-H Districts: forty (40) feet.

2.

An ADU that is subject to this section must conform to minimum four (4) foot side- and rear-yard setbacks.

3.

No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D.

Lot Coverage. Subject to Subsection 17.47.060A.3, no ADU subject to this section may cause the total lot coverage of the lot to exceed either:

1.

Fifty (50%) percent on a lot with an area less than fifteen thousand (15,000) square feet; or

2.

Thirty-five (35%) percent on a lot with an area of fifteen thousand (15,000) or more square feet.

E.

Minimum Open Space. No ADU subject to this section may cause the total percentage of open space of the lot to fall below thirty-five (35%) percent, subject to Subsection 17.47.060A.3.

F.

Passageway. No passageway, as defined by Subsection 17.47.020H, is required for an ADU.

G.

Parking.

1.

Generally. One (1) off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection 17.47.020K.

2.

Exceptions. No parking under Subsection 17.47.060G.1 is required in the following situations:

a.

The ADU is located within one-half (½) mile walking distance of public transit, as defined in Subsection 17.47.020J.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 17.47.040A.

d.

When on-street parking permits are required but not offered to the occupant of the ADU.

e.

When there is an established car share vehicle stop located within one (1) block of the ADU.

f.

For an ADU constructed as an efficiency unit as defined by Section 17958.1 of the California Health and Safety Code.

g.

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 17.47.060G.2.a—f.

3.

No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces within the garage, carport, or covered parking structure are not required to be replaced.

H.

Architectural Requirements.

1.

The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design elements of those of the primary dwelling.

2.

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.

3.

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

4.

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

5.

The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet.

6.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

7.

All windows and doors in an ADU that are less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

I.

Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and the side and rear lot lines of the property, as follows:

1.

At least one (1) fifteen (15) gallon size tree shall be planted for every fifteen (15) linear feet of exterior wall, or at least one (1) fifteen (15) gallon size shrub shall be planted for every ten (10) linear feet of exterior wall.

2.

Plant specimens must be capable of reaching a height of at least six (6) feet tall at maturity.

3.

Notwithstanding the foregoing, a solid fence of at least six (6) feet in height may be installed in lieu of landscaping where the distance between the ADU and property line is less than five (5) feet.

4.

All landscaping must be low water use and drought-tolerant.

J.

Historical Protections. An ADU that is on or within three hundred (300) feet of real property that is listed in the California Register of Historic Resources must do both of the following:

1.

Comply with the objective ministerial standards for Preservation, Rehabilitation, Restoration, or Reconstruction in the Secretary of the Interior's Standards for the Treatment of Historic Properties, as applicable.

2.

Be located so as to not be visible from any public right-of-way.

(Ord. 499, 2023)

The following requirements apply to all ADUs that are approved under Section 17.47.030 of this chapter.

A.

Impact Fees.

1.

No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection A, "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.

2.

Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size 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.)

B.

Utility Fees.

1.

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

2.

Except as described in Subsection 17.47.010B.1, converted ADUs on a single-family lot that are created under Subsection 17.47.030A.1 are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3.

Except as described in Subsection 17.47.070B.1, all ADUs that are not covered by Subsection 17.47.070B.2 require a new, separate utility connection directly between the ADU and the utility.

a.

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.

b.

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

(Ord. 499, 2023)

A.

Generally. The Director will not deny an application to construct an ADU or JADU 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.

B.

Unpermitted ADUs constructed before 2018.

1.

Permit to Legalize. As required by state law, the Director may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

a.

The ADU violates applicable building standards; or

b.

The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.47).

2.

Exceptions.

a.

Notwithstanding Subsection 17.47.080B.1, the Director may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the Director makes a finding that correcting a violation is necessary to protect the health and safety of the public or of the occupants of the structure.

b.

Subsection 17.47.080B.1 does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. 499, 2023)

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 17.47.005 through 17.47.080 of this chapter may be allowed by the City with a Site Plan Review Permit, in accordance with Chapter 17.44 of this title.

(Ord. 499, 2023)