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

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

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

      (4)   Required to correct a nonconforming zoning condition, as defined in division (C) below. This does not prevent the town from enforcing compliance with applicable building standards in accordance with Cal. Health and Safety Code § 17980.12.

         (a)   An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and

         (b)   A manufactured home, as defined by Cal. Health and Safety Code § 18007.

         (a)   A cooking facility with appliances.

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

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

         (b)   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;

         (c)   It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

         (d)   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; and

         (e)   Includes an efficiency kitchen, as defined above.

            1.   Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

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

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

            4.   The JADU complies with the requirements of Cal Gov’t Code §§ 66333 through 66339.

            1.   The side- and rear-yard setbacks are at least four feet.

            2.   The total floor area is 1,200 square feet or smaller.

            3.   The peak height above grade does not exceed the applicable height limit in division (E)(2)(a) through (c) below.

            4.   Lots that are larger than 10,000 square feet may have a second detached ADU, subject to the approval of an ADU Permit.

            1.   The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the town will not require any modification to the multifamily dwelling as a condition of approving the ADU.

            2.   The peak height above grade does not exceed the applicable height limit provided in division (E)(2)(a) through (c) below.

            3.   If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

         (a)   Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in divisions (E) and (F) below.

         (b)   An ADU permit is required for:

            1.   Additions to existing structures (e.g. attached ADUs) not specified under (D)(1) above.

            2.   A second detached or attached ADU on lots larger than 10,000 square feet.

            3.   All qualifying ADUs not specified under (D)(1) above.

         (c)   The ADU-permit processing fee is established by Town Ordinance No. 844. Any building permit fees shall be in addition to the ADU-permit processing fee. Application processing fees and building permit fees for ADUs and JADUs, as applicable, will be reduced by 50% as part of an incentive program to encourage residents to legalize or create accessory dwelling units. In addition to the foregoing, while the incentive program remains in effect, any property with a non-permitted ADU or JADU that is legalized pursuant to this section will not be assessed a financial penalty for failing to obtain a permit required by this section. This incentive program expires on January 1, 2032.

         (a)   An ADU permit is considered and approved ministerially, without discretionary review or hearing.

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

            1.   The applicant requests a delay, in which case the 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 town may delay acting on the permit application for the ADU or JADU until the town acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

         (c)   If the town denies an application to create an ADU or JADU, the town must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by division (D)(3)(a) above.

         (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.

         (a)   ADUs are permitted in the zoning districts and overlay zones listed below that allow residential use, and must be accessory to a permitted residential use.

            1.   RS-7.5 Single-family Residential Zone, Medium Density.

            2.   RS-6 Single-family Residential Zone, High Density.

            3.   RD 5.5-7 Residential Zone, High Density.

            4.   RM Multiple-family Residential Zone.

            5.   RM-S Multiple-family Residential Senior Residential Zone.

            6.   CL Limited Commercial Zone.

            7.   CH Highway Commercial Zone.

            8.   CC Central Commercial Zone.

            9.   POD Planned Development District Zone.

            10.   SF-RMP Single-family Residential Master Planned District.

            11.   A-A Agricultural and Conservation District.

            12.   UR Upland Residential Zone.

            13.   WHO Workforce Housing Overlay Zone.

         (b)   In accordance with Gov’t Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.

         (a)   Except as otherwise provided by division (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

         (b)   A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in § 21155 of the Cal. Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

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

         (d)   An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

         (e)   Notwithstanding divisions(E)(2)(a) though (d) above, ADUs may not exceed two stories.

         (f)   For purposes of this division (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

         (a)   Fire sprinklers are required in an ADU if sprinklers are required in the primary residence and may be required by the Fire Department.

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

         (a)   ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

         (b)   As required by state law, all JADUs 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 division (E)(7)(a) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

         (a)   Except as otherwise provided in Gov’t Code § 66341, the JADU may not be sold separately from the primary dwelling.

         (b)   The JADU is restricted to the approved size and to other attributes allowed by this section.

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

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

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

         (a)   With the building- permit application, the applicant must provide the town with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

         (b)   Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the town does not receive the report within the 90-day period, the owner is in violation of this code, and the town may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the town may enforce this provision in accordance with the provisions in Chapter 1.10.

         (c)   The rent reporting data will not be connected to the street address and will be reported anonymously to protect confidentiality.

         (b)   No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in § 310 of the Cal. 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 division (E)(10(a) prevents the town 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.

         (a)   The maximum size of a detached or attached ADU subject to this division (F) is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.

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

         (c)   Application of other development standards in this division (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit, FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 850 square feet for a one-bedroom unit or 1,200 square feet for a two- bedroom unit.

            1.   The ADU is located within one-half mile walking distance of public transit, as defined in division (C) above.

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

            3.   The ADU is part of the proposed or existing primary residence or an accessory structure under division (F)(1) above.

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

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

            6.   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 division (F)(8)(b)1. through 5. above.

         (a)   The materials and colors of the exterior walls, roof, windows and doors of an ADU addition to a primary dwelling must appear similar to those of the primary dwelling.

         (b)   The materials and colors of the exterior walls, roof, windows and doors of a second detached ADU must appear similar to either those of the primary dwelling or those of the other detached ADU on the property.

         (c)   The roof slope must appear similar to 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.

         (d)   The exterior lighting must be dark sky compliant (fully shielded and emit no light above the horizontal plane with no sag or drop lenses, side light panels or uplight panels) as well as compliant with color temperature to minimize blue rich lighting. The lighting shall not emit direct offsite illumination and shall be the minimum necessary for safety.

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

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

         (a)   No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this division, “impact fee” means a “fee” under the Mitigation Fee Act (Gov’t Code § 66000(b)) and a fee under the Quimby Act (Gov’t Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

         (b)   Any impact fee that is required for an ADU that is 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.)

         (a)   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.

         (b)   Converted ADUs on a single-family lot that are created under division (D)(1) above 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.

         (c)   All ADUs that are not covered by division (G)(2)(a) require a new, separate utility connection directly between the ADU and the utility for any utility. All utilities are subject to the connection and fee requirements of the utility provider.

            1.   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.

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

            1.   The ADU violates applicable building standards; or

            2.   The ADU or JADU does not comply with state ADU or JADU law or this

ADU chapter.

            1.    Notwithstanding division (H)(2) above, the town may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the town makes a finding that correcting a violation is necessary to comply with the standards specified in Cal. Health and Safety Code § 17920.3.

            2.   Division (H)(2) above does not apply to a building that is deemed to be substandard in accordance with Cal. Health and Safety Code § 17920.3.

(Ord. 810, passed 11-1-2017; Am. Ord. 844, passed 1-15-2020; Am. Ord. 861, passed 1-19-2022; Am. Ord. 876, passed 12-7-2022; Am. Ord. 885, passed 11-1-2023; Am. Ord. 897, passed 5-7-2025)