The purpose of this article is to establish accessory dwelling unit (ADU), including junior accessory dwelling unit (JADU) ministerial permit procedures, development standards, and regulations consistent with State ADU Law.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Attached, detached, and conversion accessory dwelling units and junior accessory dwelling units shall be permitted in any zone where a dwelling unit or dwelling units are permitted subject to the provisions of this article.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

(a)

"Accessory dwelling unit" shall be as defined in Section 9-2.201.1 of this Chapter.

(b)

"Accessory dwelling unit, attached" shall be as defined in Section 9-2.201.2 of this Chapter.

(c)

"Accessory dwelling unit, detached" shall be as defined in Section 9-2.201.3 of this Chapter.

(d)

"Accessory dwelling unit, conversion" shall be as defined in Section 9-2.201.4 of this Chapter.

(e)

"Accessory dwelling unit, junior" shall be as defined in Section 9-2.201.5 of this Chapter.

(f)

"Efficiency kitchen" also known as a "kitchenette," shall be defined to include: (1) a cooking facility with appliances, (2) a food preparation counter, and (3) storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(g)

"Living area" shall mean the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(h)

"Multiple-Family Dwelling Structure" shall mean a structure with two (2) or more attached dwelling units on a single parcel.

(i)

"Primary Dwelling Unit" also known as a "Dwelling unit" shall be as defined in Section 9-2.228 of this Chapter.

(j)

"Public transit" shall mean various means of transportation such as buses that are available to the public, charge set fees, and run on fixed routes.

(k)

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

(l)

"Walking distance" shall mean the distance a pedestrian must travel to reach public transit.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

(a)

The Building Department shall approve or deny a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty (60) days of submittal of a complete building permit application if there is an existing single-family dwelling unit or multiple-family dwelling structure on the lot.

(b)

If the Building Department has not acted upon the accessory dwelling unit or junior accessory dwelling unit application within sixty (60) days, the application shall be deemed approved.

(c)

If the Building Department denies an application for an accessory dwelling unit or junior accessory dwelling unit, the Building Department shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(d)

For pre-approved accessory dwelling units, the Building Department shall issue an expedited building permit within thirty (30) days of submittal of a complete building permit application.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Accessory dwelling units shall be subject to the California Building Code and the following development standards:

(a)

Number of accessory dwelling units per parcel.

(1)

For parcels with an existing or proposed single-family dwelling unit(s) the following shall be permitted:

(i)

One attached or conversion accessory dwelling unit; and

(ii)

One new construction detached accessory dwelling unit; and

(iii)

One junior accessory dwelling unit (conforming to the standards set forth in Section 9-2.4508).

(2)

For parcels with an existing or proposed multiple-family dwelling structure(s) the following shall be permitted:

(i)

Two detached accessory dwelling units; and

(ii)

At least one conversion accessory dwelling unit from non-living area space with the total number of interior accessory dwelling unit conversions being limited to no more than twenty-five (25%) percent of the total number of dwelling units in the multiple-family dwelling structure, but not less than one.

(3)

For parcels with an existing or proposed residential component of a mixed use commercial, recreation commercial, or recreation development the following shall be permitted:

(i)

Two detached accessory dwelling units; and

(ii)

One conversion accessory dwelling unit from the living area space of an existing dwelling unit.

(b)

Guaranteed allowance of statewide exemption ADU.

(1)

An accessory dwelling unit up to eight hundred (800) square feet, sixteen (16') feet in height, and with four (4') foot side and rear yard setbacks shall be known as a statewide exemption ADU and shall not be prohibited.

(2)

No lot coverage, floor area ratio, open space requirement, or minimum lot area limitation shall preclude the construction of a statewide exemption ADU.

(c)

Unit Size, Lot Area, and Coverage.

(1)

Accessory dwelling units are exempt from minimum lot area and coverage requirements.

(2)

The living area of an attached accessory dwelling unit shall not exceed fifty (50%) percent of the existing living area of the primary dwelling unit, or eight hundred (800) square feet, whichever is greater, but in no case shall an attached accessary dwelling unit exceed one thousand two hundred (1,200) square feet.

(3)

The total living area of a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

(4)

An accessory dwelling unit created within an existing accessory structure may be expanded up to one hundred fifty (150) square feet, but this expansion shall be limited to accommodating ingress and egress.

(5)

The conversion of an existing detached accessory structure or conversion of a portion of an existing primary dwelling unit, as well as new construction of detached accessory dwelling units created with an existing or proposed multiple-family dwelling structure do not have unit size limitations.

(d)

Height.

(1)

Accessory dwelling units shall not exceed thirty-five (35') feet in height.

(e)

Yards.

(1)

The minimum yard requirements shall be as follows:

(i)

Front yard setbacks cannot prevent the creation of an accessory dwelling unit less than eight hundred (800) square feet; and

(ii)

Front, side, and rear setbacks for existing structures converted to an accessory dwelling unit, existing structures partially converted to an accessory dwelling unit, or accessory dwelling units constructed in the same location and to the same dimensions as an existing structure: None; and

(iii)

Side and rear yard setbacks for an accessory dwelling unit: Four (4') feet; and

(iv)

Side and rear yard setbacks for an accessory dwelling unit that is constructed above a garage: Four (4') feet.

(f)

Utilities.

(1)

An accessory dwelling unit may be metered separately from the primary dwelling unit for gas, electricity, communications, water, and sewer services.

(2)

An accessory dwelling unit served by an onsite septic system known as an onsite wastewater treatment system (OWTS), community sewage disposal system, or public sanitary sewer connection shall be subject to the requirements of Chapter 6 of Title 6 of this Code with the approval of Environmental Health or the applicable sewer management agency or organization.

(3)

An accessory dwelling unit water supply system shall be subject to the requirements of Chapter 9 of Title 6 of this Code with the approval of Environmental Health or the applicable water management agency or organization.

(g)

Utility connection fees or capacity charges.

(1)

Utility connection fees or capacity charges may not be imposed on a conversion accessory dwelling unit when the unit is created within the space of an existing single-family dwelling unit.

(h)

Fire sprinklers.

(1)

Fire sprinklers shall be required to be installed in an accessory dwelling unit where fire sprinklers are required by building codes for the proposed primary dwelling unit.

(2)

Fire sprinklers shall not be required to be installed in an accessory dwelling unit where fire sprinklers were not required by building codes for the existing primary dwelling unit.

(3)

In no case shall the new construction of an accessory dwelling unit trigger a requirement for fire sprinklers to be installed in the existing primary dwelling unit.

(i)

Solar Photovoltaic (PV) System.

(1)

New construction detached accessory dwelling units shall be required to install a solar PV system, and the solar PV system can be ground mounted, installed on the roof of the detached accessory dwelling unit, or on the roof of the primary dwelling unit.

(2)

Attached accessory dwelling units and conversion accessory dwelling units shall not be required to install a solar PV system.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

(a)

Number of spaces. One off-street parking space is required for accessory dwelling units, except as modified below:

(1)

No off-street parking spaces shall be required for accessory dwelling units that meet any of the following listed instances:

(i)

The accessory dwelling unit is located within one-half mile of public transit.

(ii)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(iii)

The accessory dwelling unit is part of the existing primary dwelling unit or an existing accessory structure.

(iv)

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

(v)

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

(vi)

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multiple-family dwelling structure on the same lot.

(b)

Configuration. If a parking space is required for an accessory dwelling unit, the space may be located within any setback area or in a tandem configuration on a driveway.

(c)

Displacement of existing parking. When accessory dwelling units are created through the conversion of a garage, carport, or covered parking structure, replacement of off-street parking spaces shall not be required.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

(a)

Impact fees.

(1)

Accessory dwelling units shall not be subject to impact fees.

(b)

Existing nonconforming units.

(1)

No public improvements shall be required for the creation or conversion of an accessory dwelling unit.

(2)

As a condition for ministerial approval of an accessory dwelling unit, an applicant shall not be required to correct nonconforming zoning conditions.

(c)

Separate conveyance.

(1)

The separate conveyance of an accessory dwelling unit shall be permitted in compliance with State ADU Law.

(d)

Rental/leasing agreements.

(1)

Accessory dwelling units may be leased separate from the primary dwelling unit for terms longer than thirty (30) days, except that a statewide exemption ADU shall be leased for terms longer than thirty (30) days.

(e)

Covenants, Conditions, and Restrictions (CC&Rs).

(1)

Pursuant to California Civil Code Sec. 4751, CC&Rs cannot prohibit or unreasonably restrict the construction or use of an accessory dwelling unit. For purposes of this subdivision, unreasonable restrictions mean restrictions that unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct an accessory dwelling unit.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Junior accessory dwelling units shall be subject to the California Building Code and the following development standards:

(a)

Number of junior accessory dwelling units per parcel.

(1)

For parcels developed with an existing or proposed single-family dwelling unit the following shall be permitted:

(i)

One junior accessory dwelling unit is permitted within the existing or proposed walls of the primary single-family dwelling unit. Enclosed uses within the primary dwelling unit, such as attached garages, are considered a part of the proposed or existing primary dwelling unit.

(2)

For parcels with an existing or proposed multiple-family dwelling structure(s) junior accessory dwelling units shall not be permitted.

(3)

For parcels developed with an existing or proposed residential component of a mixed use commercial, recreation commercial, or recreation development the following shall be permitted:

(i)

One junior accessory dwelling unit is permitted within the existing or proposed walls of a dwelling unit. Enclosed uses, such as attached garages, are considered a part of the proposed or existing dwelling unit.

(4)

Junior accessory dwelling units shall not be permitted in accessory structures, with the exception of attached garages.

(5)

A junior accessory dwelling unit can be combined with a detached accessory dwelling unit on the same parcel.

(b)

Unit size.

(1)

Junior accessory dwelling units shall not exceed five hundred (500) square feet.

(c)

Features/facilities.

(1)

Each junior accessory dwelling unit shall, at minimum, include:

(i)

Exterior access, separate from the interior entry to the primary dwelling unit.

(ii)

One accessible bathroom, which can be located in the primary dwelling unit. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(iii)

One efficiency kitchen, as defined in Section 9-2.4504.

(d)

Utilities.

(1)

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power, including connection fees.

(2)

A junior accessory dwelling unit served by an onsite septic system known as an onsite wastewater treatment system (OWTS), community sewage disposal system, or public sanitary sewer connection shall be subject to the requirements of Chapter 6 of Title 6 of this Code with the approval of Environmental Health or the applicable sewer management agency or organization.

(3)

A junior accessory dwelling unit water supply system shall be subject to the requirements of Chapter 9 of Title 6 of this Code with the approval of Environmental Health or the applicable water management agency or organization.

(e)

Fire sprinklers.

(1)

Junior accessory dwelling units shall be required to install fire sprinklers if either of the following conditions exist:

(i)

The primary dwelling unit has fire sprinklers.

(ii)

There are any active improvements or additions that would require the primary dwelling unit to install fire sprinklers.

(f)

Solar Photovoltaic (PV) System

(1)

Junior accessory dwelling units shall not be required to install a solar PV system.

(g)

Utility connection fees or capacity charges.

(1)

Utility connection fees or capacity charges may not be imposed on a junior accessory dwelling unit when the unit is created within the space of an existing single-family dwelling unit.

(h)

Separate conveyance.

(1)

The sale of the junior accessory dwelling unit separate from the sale of the primary dwelling unit is not permitted.

(i)

Owner-occupancy requirement.

(1)

The property owner must permanently reside in either the primary dwelling unit or the junior accessory dwelling unit: however, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(j)

Covenants, Conditions, and Restrictions (CC&Rs).

(1)

Pursuant to California Civil Code Sec. 4751, CC&Rs cannot prohibit or unreasonably restrict the construction or use of a junior accessory dwelling unit. For purposes of this subdivision, unreasonable restrictions mean restrictions that unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct a junior accessory dwelling unit.

(§ 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)