(Ord. 20-1404 §13 (part), 2020: Ord. 20-1403U §13 (part), 2020)

(Ord. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022; Ord. # 23-1462 §5, adopted 07/11/2023, effective 08/10/2023; Ord. # 24-1485U §8, adopted 11/12/2024, effective 11/12/2024; Ord. # 24-1484 §7, adopted 01/28/2025, effective 02/27/2025)

Effective on: 2/27/2025

1. 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.
2. B.
   Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. C.
   Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. D.
   Required to correct a nonconforming zoning condition, as defined in 17.21.025. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

(Ord. 20-1404 §13 (part), 2020: Ord. 20-1403U §13 (part), 2020)

(Ord. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022; Ord. # 23-1462 §5, adopted 07/11/2023, effective 08/10/2023; Ord. # 24-1485U §9, adopted 11/12/2024, effective 11/12/2024; Ord. # 24-1484 §8, adopted 01/28/2025, effective 02/27/2025)

Effective on: 2/27/2025

1. A.
   Building-permit Only. If an ADU or JADU complies with each of the general requirements in section 17.21.040 below, it is allowed with only a building permit in the following scenarios:

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

      1. 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 (including garage), plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
      2. b.
         Has exterior access that is independent of that for the single-family dwelling; and
      3. c.
         Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
      4. d.
         The JADU complies with the requirements of Government Code Sections 66333 through 66339.
   2. 2.
      Limited Detached on Single-family Lot: One 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 (A)(1) above), if the detached ADU satisfies each of the following limitations:

      1. a.
         The side- and rear-yard setbacks are at least four feet.
      2. b.
         The total floor area is 800 square feet or smaller.
      3. c.
         The peak height above grade does not exceed the applicable height limit in 17.21.040 (B) below.
   3. 3.
      Converted on Multifamily Lot: One 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, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
   4. 4.
      Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

      1. a.
         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 city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
      2. b.
         The peak height above grade does not exceed the applicable height limit provided in 17.21.040 (B) below.
      3. c.
         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, or eight detached ADUs, whichever is less.
2. B.
   ADU Permit.

   1. 1.
      Except as allowed under section 17.21.030 (A), no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in sections 17.21.040 and 17.21.050.
   2. 2.
      The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the community development director and approved by the city council by resolution.
3. C.
   Process and Timing.

   1. 1.
      An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
   2. 2.
      The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

      1. a.
         The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
      2. b.
         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 city may delay acting on the permit application for the ADU or JADU until the city 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.
   3. 3.
      If the city denies an application to create an ADU or JADU, the city 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 subsection (C)(2) above.
   4. 4.
      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. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022; Ord. # 23-1462 §5, adopted 07/11/2023, effective 08/10/2023; Ord. # 24-1485U §11, adopted 11/12/2024, effective 11/12/2024; Ord. # 24-1484 §10, adopted 01/28/2025, effective 02/27/2025) 

Effective on: 2/27/2025

1. A.
   Zoning.

   1. 1.
      An ADU or JADU subject only to a building permit under section 17.21.030(A) may be created on a lot in a residential or mixed-use zone.
   2. 2.
      An ADU or JADU subject to an ADU permit under section 17.21.030(B) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

   ​In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. B.
   Height.

   1. 1.
      Except as otherwise provided by subsections (B)(2) and (B)(3) 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. 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.
   2. 2.
      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 a high quality transit corridor, as those terms are defined in Section 21155 of the 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.
   3. 3.
      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.
   4. 4.
      An ADU that is attached to the primary dwelling may not exceed the height limitation imposed by the underlying zone that applies to the primary dwelling, unless it is a conversion of existing space within an existing nonconforming structure that exceeds the height of the underlying zone.
   5. 5.
      For purposes of this subsection, height is measured pursuant to Measuring Building Height, Chapter 17.46.
3. C.
   Fire Sprinklers.

   1. 1.
      Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
   2. 2.
      The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. D.
   Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. E.
   No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, 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).
6. F.
   Owner Occupancy.

   1. 1.
      ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.
   2. 2.
      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 subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
7. G.
   Deed Restriction. Prior to issuance of a certificate of occupancy for 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 community development 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 city and must provide that:

   1. 1.
      Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
   2. 2.
      The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
   3. 3.
      The deed restriction runs with the land and may be enforced against future property owners.
   4. 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. 5.
      The deed restriction is enforceable by the director or his or her designee 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.
8. H.
   Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:

   1. 1.
      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.
   2. 2.
      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 city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city 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 city may enforce this provision in accordance with applicable law.
9. I.
   Building & Safety.

   1. 1.
      Must comply with building code. Subject to subsection (I)(2), all ADUs and JADUs must comply with all local building code requirements.
   2. 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 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. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022; Ord. # 23-1462 §5, adopted 07/11/2023, effective 08/10/2023; Ord. # 24-1485U §12, adopted 11/12/2024, effective 11/12/2024; Ord. # 24-1484 §11, adopted 01/28/2025, effective 02/27/2025) 

Effective on: 2/27/2025

1. A.
   Maximum Size.

   1. 1.
      The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
   2. 2.
      An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
   3. 3.
      Application of other development standards in this section or any other section might further limit the size of the ADU, but no application of the percent-based size limit in this section or other section or front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
2. B.
   Setbacks and Building Separation.

   1. 1.
      An ADU that is subject to this section must conform to a 25-foot front-yard setback, subject to subsection (A) above.
   2. 2.
      An ADU that is subject to this section must conform to 4-foot side- and rear-yard setbacks.
   3. 3.
      Building separation between a proposed ADU and another primary structure shall comply with California Building Code standards.
   4. 4.
      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.
3. C.
   Lot Coverage. No ADU subject to this section may cause the total lot coverage of the lot to exceed whatever applicable standard exists based on the zone in which it is was located subject to subsection (A) above.
4. D.
   Open Space. Unless restricted pursuant to other state or local law, the property in which the ADU is located upon shall comply with the open space requirements of the base zone subject to subsection (A) above.
5. E.
   Passageway. No passageway, as defined by section 17.21.025, is required for an ADU.
6. F.
   Parking.

   1. 1.
      Generally. One 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 section 17.21.025.
   2. 2.
      Exceptions. No parking under this subsection (F) is required in the following situations:

      1. a.
         The ADU is located within one-half mile walking distance of public transit, as defined by section 17.21.025.
      2. b.
         The ADU is located within an architecturally and historically significant historic district.
      3. c.
         The ADU is part of the proposed or existing primary residence or an accessory structure under section 17.21.030(A)(1).
      4. d.
         When on-street parking permits are required but not offered to the occupant of the ADU.
      5. e.
         When there is an established car share vehicle stop located within one block of the ADU.
      6. f.
         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 this subsection (2).
   3. 3.
      No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. G.
   Architectural Requirements.

   1. 1.
      The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
   2. 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. 3.
      The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
   4. 4.
      The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
   5. 5.
      The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
   6. 6.
      No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
   7. 7.
      All windows and doors in an ADU less than 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 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
8. H.
   Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

(Ord. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022; Ord. # 24-1485U §13, adopted 11/12/2024, effective 11/12/2024; Ord. # 24-1484 §12, adopted 01/28/2025, effective 02/27/2025) 

Effective on: 2/27/2025

1. A.
   Impact Fees.

   1. 1.
      No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection, "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. 2.
      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.) 
2. B.
   Utility Fees.

   1. 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. 2.
      Except as described in subsection (B)(1), converted ADUs on a single-family lot that are created under section 17.21.030(A) 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. 3.
      Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

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

(Ord. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022; Ord. # 24-1485U §14, adopted 11/12/2024, effective 11/12/2024; Ord. # 24-1484 §13, adopted 01/28/2025, effective 02/27/2025) 

Effective on: 2/27/2025

(Ord. # 22-1456U §2, adopted 12/13/2022, effective 12/13/2022)

Effective on: 12/13/2022

1. 1.
   An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
2. 2.
   A manufactured home, as defined by section 18007 of the California Health and Safety Code. 

Effective on: 12/13/2022

Effective on: 12/13/2022

Effective on: 12/13/2022

1. 1.
   A cooking facility with appliances.
2. 2.
   A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

Effective on: 12/13/2022

1. 1.
   It is no more than 500 square feet in size.
2. 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. 3.
   It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
4. 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. 5.
   It includes an efficiency kitchen, as defined above.

Effective on: 12/13/2022

Effective on: 12/13/2022

Effective on: 12/13/2022

Effective on: 12/13/2022

Effective on: 12/13/2022

Effective on: 12/13/2022

Effective on: 12/13/2022