One ADU may be constructed on a lot zoned to allow single family or multiple family dwelling residential use.

One JADU may be constructed per residential lot in zoning districts permitting single family dwelling residential use.

One JADU and one ADU may be constructed on a single family residential lot where the JADU and ADU meet the requirements in Government Code Section 65852.2(e).

Multiple converted or detached ADUs may be constructed on a lot with an existing multiple family dwelling, where consistent with Government Code Section 65852.2(e)(1)(C) and (D).

All proposed ADUs and JADUs must satisfy all applicable building, fire and safety standards, including, but not limited to, fire lane widths, minimum fire flows and emergency egress, as set forth in the California Building Standards Code and MVMC Titles 14 and 15.

All ADUs and JADUs located in the floodplain shall comply with Title 18 of this Code.

If the construction of an ADU is proposed within 30 feet of the top of the bank for any watercourse identified in Chapter 20.76, the applicant shall provide the Building Department with all applicable permits from outside agencies, including, but not limited to, the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corps of Engineers, State Water Resources Control Board and/or U.S. Fish and Wildlife Service.

A permanent address is required for an ADU.

Prior to receiving a building permit for an ADU, the local water or sewer agency shall submit letters of service availability for water and sewer disposal to the Building Official.

Any ADU or JADU legally created shall be governed by the zoning regulations in effect at the time of approval.

The overall height of an ADU is defined as the vertical distance of the lowest exterior wall measured from finished grade to the highest point of the unit, which may be the ceiling in the case of an ADU located in the basement or lower floor of a single family or multi-family dwelling, or the roof ridge in the case of a detached ADU or ADU on the top floor.

ADUs that qualify for reduced rear and side setbacks under Government Code Section 65852.2 and are located on double frontage or corner lot shall use the following criteria to determine rear and side setbacks.

The development and use of the ADU or JADU shall only be valid and permitted based on the terms established in the chapter.

A deed restriction shall be required for all ADUs or JADUs. Prior to obtaining a building permit for an ADU or JADU, a deed restriction shall be recorded with the County Recorder's Office, which shall include the restrictions and limitations identified in this section. Said deed restriction shall run with the land and shall be binding upon any successor in ownership of the property. A copy of the final recorded deed restriction shall be filed with the Planning Department prior to the final inspection for the construction of the project, stating that:

As provided under Government Code Section 65852.2(e)(1), an owner shall not be required to submit an application for an ADU permit under subsection B below, and may instead seek building permit approval for the following types of units that are located within residential or mixeduse zones:

Projects that are exempt from obtaining an ADU permit under this provision are still subject to tree removal permit, grading permit, and other applicable construction-related permit requirements.

The planning director or his or her designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Title 20, including Chapter 20.67.

ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2.

Where an ADU permit application is submitted with an application for a single family dwelling or multiple family dwelling that is subject to design review under Chapter 20.66, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to Chapter 20.66.

In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit, tree removal permit if applicable, and other applicable construction permit requirements prior to the construction of the unit.

The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees except as specifically provided in California Government Code Sections 65852.2 and 65852.22.

An ADU shall conform to all lot coverage, adjusted floor area, and setback regulations applicable to the zoning district in which the property is located, except in the following cases:

Studio and one-bedroom ADUs shall not exceed 850 square feet of gross floor area. ADUs with more than one bedroom shall be limited to a maximum of 1,000 square feet of gross floor area, except for those internal converted ADUs that are within the existing walls of a primary single-family residence, which shall be limited to a maximum of 1,200 square feet of gross floor area.

If there is an existing primary dwelling, an attached ADU shall not exceed 50% of the maximum adjusted floor area for the primary dwelling as calculated in Section 20.16.040(A)(2) for the subject lot, but in no case shall the ADU be less than 150 square feet, nor more than 1,000 square feet in gross floor area.

A detached ADU shall not exceed 16 feet in height; or, when located above a garage, the combined height of the ADU and the garage shall not exceed 25 feet.

An ADU shall include permanent provisions for living and sleeping, including a closet or other storage.

The following architectural details of the ADU shall be reflective of the architectural style of the primary residence: window design, roof pitch, materials, colors, finish texture, doorway design, and trim.

Lighting shall be shielded or directed downward and in such a way that it is not visible at the property lines.

Windows shall not be located with a direct line of sight to windows of adjacent properties. Obscured glass, clerestory windows, and other techniques may be used to avoid line of sight.

An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence, other accessory structures and any adjoining residences.

A permanent foundation shall be required for all ADUs.

In addition to the off-street parking space(s) required for the primary residence, one off-street parking space shall be provided for each ADU, except when:

When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. If the ADU is removed from use, the single family dwelling unit shall be required to comply with parking standards established in Section 20.60.090, as well as all other development standards applicable to the zoning district.

The location of the required parking space(s) shall not obstruct the parking of the primary residence and shall be a minimum of 20 feet in length. The required parking spaces for the ADU may be uncovered. Parking may be provided within the front setback between an existing driveway and the closest side of the property line if the slope of the site is 10% or less, with the approval of the planning director.

The owner of a parcel proposed for a JADU shall occupy as a principal residence either the single family dwelling unit or the JADU. The JADU shall be considered legal only so long as the owner occupies either the single family dwelling unit or the JADU.

Notwithstanding subsection (A)(1) above, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of the JADU.

One JADU may be constructed on a lot zoned for single-family residential use, where there is a single-family dwelling unit existing or proposed to be built on the lot. The JADU must be contained entirely within the walls of the existing or proposed single family dwelling unit.

The JADU shall include an efficiency kitchen meeting the requirements of California Government Code Section 65852.22.

A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

An interior entry to the main living area shall be provided to serve a JADU. Such interior entry may include a second interior doorway for sound attenuation.

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

Revocation of the ADU or JADU permit;

Where an ADU or JADU has been improperly terminated and is being used as habitable space for the primary dwelling unit, removal of the floor area serving as habitable space may be required; and

In any civil enforcement action, the City is entitled to recover attorneys' fees and costs from an owner who is determined to have an illegal ADU or JADU or is in violation of this chapter.