This chapter establishes regulations and procedures for reviewing and permitting accessory dwelling units through a ministerial process consistent with state law.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section and all other applicable codes.

B.

Accessory dwelling units and junior accessory dwelling units are allowed in districts zoned to allow single-family or multi-family uses, subject to the permit requirement of applicable zone districts and compliance with the development standards of this section.

C.

No more than two units (including accessory dwelling units and junior dwelling units) on a parcel created through a Senate Bill 9 lot split shall be allowed.

D.

Building Permit. All accessory dwelling unit or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other planning related permit is required.

E.

The city shall issue a building permit within sixty calendar days from the date on which the city received a completed application, unless either:

1.

The applicant requests a delay, in which case the sixty-day time period is put on hold for the period of the requested delay; or

2.

The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-unit primary dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-unit primary dwelling.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Accessory Dwelling Unit. 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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling units also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Health and Safety Code Section 18007.

B.

Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same parcel.

C.

Car Share. A program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.

D.

Cooking, Permanent. A permanent, installed stovetop powered by 220-volt electricity or natural gas along with any required vents or hood for the stovetop per the California Building Code.

E.

Efficiency Kitchen. A cooking facility that includes all of the following:

1.

Appliances.

2.

A food preparation counter.

3.

Food storage cabinets.

F.

Efficiency Unit. As defined in the Building Code.

G.

Independent Living Facility. A residential dwelling unit having permanent provisions for living, sleeping, eating, cooking, and sanitation.

H.

Impact Fee. Fee has the same meaning as the term "fee," as defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge by a local agency, special district, or water corporation.

I.

Junior Accessory Dwelling Unit. A unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

J.

Livable Space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

K.

Living Area. The interior habitable area of a dwelling unit. Equivalent to "conditioned space" as defined in the Building Code,

L.

Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

M.

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.

N.

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

O.

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.

P.

Primary Dwelling. An existing or proposed single-family home on a lot with an accessory dwelling unit.

Q.

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

R.

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

S.

Single-unit, Two-unit, and Multi-unit. Means the same, respectively, as single-family, duplex, and multi-family residential units.

T.

Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The following are the types of accessory dwelling units:

A.

Accessory Dwelling Unit. There are two subtypes of accessory dwelling units:

1.

Attached. An accessory dwelling unit that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling.

2.

Detached. An accessory dwelling unit that is physically detached or separated from the primary dwelling. Detached includes a second-story addition above an existing or proposed detached structure. A detached accessory dwelling unit can be new construction or the conversion or expansion of an existing structure.

B.

Junior Accessory Dwelling Unit. An attached accessory dwelling unit that is a unit that meets the following criteria:

1.

Maximum of five hundred square feet in size.

2.

Contained entirely within a single-unit primary dwelling.

3.

Has a separate entrance from the main entrance to the primary dwelling.

4.

Has a bathroom that is either in the junior accessory dwelling unit or in the primary dwelling.

5.

Includes an efficiency kitchen.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The following number of accessory dwelling units apply in all zoning districts that allow single family homes as a permitted use:

A.

One attached or detached accessory dwelling unit shall be allowed on a parcel 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.

B.

One junior accessory dwelling unit shall be allowed on a parcel with one primary dwelling.

C.

Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The following apply to accessory dwelling units in all zoning districts that allow multi-family homes as a permitted use:

A.

Attached Accessory Dwelling Units:

1.

At least one attached or up to twenty-five percent of the existing multi-family units shall be allowed as attached accessory dwelling units in an existing multi-family development.

2.

Attached accessory dwelling units in a multi-family development may be created only through the conversion of parts of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

B.

Detached Accessory Dwelling Units. Up to two detached accessory dwelling units are allowed on a parcel that has a proposed multi-family dwelling, or up to eight detached accessory dwelling units are allowed on a parcel with an existing multi-family dwelling, not to exceed the number of existing units on the lot.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Location, Size, Setbacks, Height. The following standards apply to detached accessory dwelling units:

1.

Location. Shall be located on the same lot or parcel as a primary dwelling and be attached to the primary dwelling unit by at least one wall or by a ceiling (above or below the primary dwelling).

2.

Size. The total floor area of an attached accessory dwelling unit shall not exceed eight hundred and fifty square feet for a one-bedroom unit or one thousand square feet for an accessory dwelling unit that provides more than one bedroom. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary dwelling. These limits do not include up to one hundred and fifty square feet of area added to the primary dwelling for the sole purpose of providing access to the accessory dwelling unit.

3.

Setbacks.

• Front yard setback: Per the zoning district standard for the primary dwelling.

• Side yard: Four feet minimum.

• Rear yard: Four feet minimum.

• No setback shall be required for an accessory dwelling unit or junior dwelling unit created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure.

4.

Height.

a.

The maximum height of attached accessory dwelling units shall be two stories and twenty-five feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower.

b.

Attached accessory dwelling units that are interior to an existing structure that is converted shall not exceed the height of that existing structure.

5.

Attached accessory dwelling units shall comply with all applicable base zone district objective development standards, including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size, unless the application of any one or more of these standards precludes construction of at least an eight-hundred-square-foot attached accessory dwelling unit with four-foot side and rear yard setbacks.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Location, Size, Setbacks, Height. The following standards apply to detached accessory dwelling units:

1.

Location. Shall be located on the same lot or parcel as a primary dwelling. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling,

2.

Size. No minimum size, except as needed to conform with the requirements for an efficiency unit as defined in the Building Code. A detached accessory dwelling unit shall not exceed eight hundred and fifty square feet for a one-bedroom unit or one thousand square feet for an accessory dwelling unit that provides more than one bedroom.

3.

Setbacks.

• Front yard setback: Per the zoning district standard for the primary dwelling.

• Side yard: Four feet minimum.

• Rear yard: Four feet minimum.

4.

Height. The maximum height of detached accessory dwelling units shall be as follows:

a.

For one-story detached accessory dwelling units, the maximum height shall be sixteen feet. Where the detached accessory dwelling unit is within one-half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in California Public Resources Code Section 21155, or with an existing or proposed multi-family dwelling of more than one story, the maximum height shall be eighteen feet.

b.

For two-story detached accessory dwelling units, the maximum height shall be twenty-five feet.

c.

Height Exceptions:

(1)

An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(2)

When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of section 4.a to an amount equal to the height of the existing accessory structure to be converted.

5.

Detached accessory dwelling units 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 or more of these standards precludes construction of at least an eight-hundred-square-foot detached accessory dwelling unit.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Location, Size, Setbacks, Height. The following standards apply to junior accessory dwelling units:

1.

Location. Shall be located on the same lot or parcel as a primary dwelling and be attached to the primary dwelling by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling.

2.

Size. Maximum of five hundred square feet of living area. Up to one hundred and fifty square feet of building space may be added to the primary dwelling for the sole purpose of providing access to the junior accessory dwelling unit; this shall not count toward the maximum area for the junior accessory dwelling unit.

3.

Setbacks. If the primary dwelling is expanded to create the junior accessory dwelling unit, the addition may maintain the same setbacks as the existing structure, unless a different setback is required by the Fire or Building Codes.

4.

Access. A junior accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.

B.

Kitchen. Each junior accessory dwelling unit shall include an efficiency kitchen.

C.

Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

D.

Utilities.

1.

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.

2.

No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.

3.

Any utility charges or fees shall be consistent with state law.

E.

Parking. No additional off-street parking is required for the junior accessory dwelling unit.

F.

Owner Occupancy Requirements.

1.

A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person's legal domicile and permanent residence.

2.

The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or nonprofit housing organization.

3.

Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the city attorney and shall provide that the junior accessory dwelling units shall not be sold separately from the primary dwelling.

4.

The deed restriction shall run with the land and shall be enforced against future property owners.

G.

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:

1.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

2.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The following standards shall apply to all attached and detached accessory dwelling units in zones in which they are permitted:

A.

Parcel Coverage. For any attached or detached accessory dwelling unit that is larger than eight hundred square feet, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply and the entire area of the attached or detached accessory dwelling unit shall be used to calculate coverage.

B.

Utilities. The city shall not require the applicant to install a new or separate utility connection directly between the attached or detached accessory dwelling unit and the utility unless the accessory dwelling unit is constructed at the same time as a new primary dwelling. The applicant may voluntarily install a new or separate utility connection. Any utility charges or fees must be consistent with California Government Code Section 66324.

C.

Water and Sewer System. The city may require a water or sewer service connection directly between an accessory dwelling unit and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.

D.

Addressing.

1.

If one accessory dwelling unit or junior accessory dwelling unit is located on a parcel, its address shall be the same address as the primary residence but with "%" following the residence number.

2.

If more than one accessory dwelling unit (including junior accessory dwelling unit) is located on a parcel, each shall have the same address as the primary dwelling followed by Unit A, Unit B, or Unit C, etc.

3.

Each accessory dwelling unit in a multi-family project shall be assigned a unit number consistent with the standard units on the parcel.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Number of Parking Spaces.

1.

One off-street parking space, covered or uncovered, is required for each attached and detached accessory dwelling unit.

2.

No off-street parking is required for an attached or detached accessory dwelling unit if one or more of the following applies:

a.

The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in section 17.105.020, including transit stations and bus stations.

b.

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

c.

The accessory dwelling unit is part of the proposed or existing primary residence.

d.

The accessory dwelling unit is the conversion of an existing accessory structure.

e.

When there is a car share vehicle located within one block of the accessory dwelling unit.

3.

No off-street parking is required for a junior accessory dwelling unit.

4.

Required off-street parking for an accessory dwelling unit space may be provided as tandem parking; including on a paved driveway.

B.

Replacement Parking. When a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an accessory dwelling unit shall not be required to be replaced.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The following standards shall apply to all accessory dwelling units and junior accessory dwelling units.

A.

Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.

B.

Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit as provided in the building or fire codes which apply to the primary dwelling.

C.

Permanent Foundations.

1.

All accessory dwelling units shall be permanently attached to a permanent foundation.

2.

A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.

D.

Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of California Government Code 66341 are met. If all the requirements of California Government Code 66342 are met, the separate conveyance of the primary dwelling unit and accessory dwelling unit are allowed as condominiums.

E.

Rental Term. The accessory dwelling unit may be rented separate from the primary residence; however, the rental must be for a term longer than thirty days.

F.

Owner Occupancy Requirements.

1.

No ownership requirement is established for attached or detached accessory dwelling units, except for junior accessory dwelling units.

2.

Junior Accessory Dwelling Units. Junior accessory unit that is less than seven hundred and fifty square feet in size.

G.

For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service or charges for garbage or recycling service.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

No city-imposed impact fees shall be charged for an accessory dwelling unit that is less than seven hundred and fifty square feet in size.

B.

For accessory dwelling units seven hundred and fifty square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling).

C.

For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service or charges for garbage or recycling service.

Fees imposed by any agency or special district other than the city shall be collected in accordance with the agency's or district's fee schedule.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Any accessory dwelling unit or junior accessory dwelling unit which conforms with the requirements of this chapter shall be deemed to be consistent with the general plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the general plan or zoning.

Accessory dwelling units shall not be counted when determining residential density for conformance with general plan or zoning.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

Nonconforming Conditions. Notwithstanding chapter 17.52 (Nonconforming Uses), to the contrary, until January 1, 2030, an owner of an accessory dwelling unit or junior accessory dwelling unit that receives a notice to correct violations or abate nuisance, in relation to the accessory dwelling unit or junior accessory dwelling unit, may request a delay for five 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 California Government Code Section 66331 and Health and Safety Code Section 17980.12(a)—(c), and the following conditions:

1.

The accessory dwelling unit or junior accessory dwelling unit was built before January 1, 2020.

2.

The accessory dwelling unit or junior accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit or junior accessory dwelling unit was built, had a noncompliant accessory dwelling unit or junior accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

B.

The city shall not deny an application for a permit to create an accessory dwelling unit 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 accessory dwelling unit in compliance with California Government Code 66322(b).

(Ord. No. 713, § 1(Att. A), 6-10-2025)