Applications for accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs):
(A) In single-family or multi-family residential zones are an allowed use in all single-family and multi-family zoning districts in the city and shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 66310 et seq., and shall be approved ministerially without discretionary review, except as expressly permitted by state law.
(B) In industrial zones, ADUs and JADUs are allowed if the property has an existing or proposed single- or multi-family dwelling. Approval shall be ministerial pursuant to California Government Code §§ 66310 et seq., with the following additional requirements:
(1) (a) Except as provided in division (F) of this section, the increased floor area of an attached ADU shall not exceed 50%. Notwithstanding the above, an ADU shall be permitted to be at least 800 square feet in size with a height of at least 16 feet and four-foot side and rear setbacks, consistent with state law.
(b) The maximum increase in floor area for an attached or detached ADU shall not exceed the maximum allowed by state law. Except as provided in division (F), the maximum floor area for an attached or detached ADU shall not exceed 1,200 square feet, or such greater amount as required by state law.
(2) The dwelling unit is not intended for sale but may be rented for a period greater than 30 days. Short-term rental (30 days or less) of these units is not allowed. An accessory dwelling unit may be sold separately from the primary residence where allowed by state law, including pursuant to condominium or similar subdivision processes.
(3) Owner-occupancy shall not be required for ADUs. Owner-occupancy requirements for JADUs shall be limited to those expressly permitted by state law. No deed restriction or covenant shall be required that would constitute an additional standard prohibited by state law.
(4) (a) No setback shall be required for an existing living area, garage, or accessory structure that is converted to an accessory dwelling unit.
(b) A setback of four feet shall be required for an accessory dwelling unit that is not converted from an existing structure.
(c) These standards shall not preclude development otherwise permitted by state law.
(5) Only objective development standards consistent with state law shall apply. No additional standards, including discretionary review or subjective design review, shall be imposed unless expressly authorized by state law.
(6) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. No parking shall be required for junior accessory dwelling units. However, no parking requirements shall be mandatory for those accessory dwelling units in any of the following instances:
(a) The accessory dwelling unit is located within one-half mile of public transit.
(b) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(c) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(d) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(e) When there is a car-share vehicle located within one block of the accessory dwelling unit.
(f) Any other circumstance in which state law prohibits parking requirements. Notwithstanding the above, parking requirements shall not be imposed on any accessory dwelling unit that qualifies under California Government Code § 66323.
(7) Development impact fees for accessory dwelling units shall be based on the proportional size of the accessory dwelling unit to the primary dwelling. No development impact fees shall be required for accessory dwelling units of 750 square feet or less in size. No development impact fees shall be required for junior accessory dwelling units of 500 square feet or less.
(8) The number of ADUs and JADUs permitted shall be consistent with state law, including allowances for multiple ADUs on multi-family properties.
(9) Multiple accessory dwelling units shall be allowed within portions of existing multi-family dwelling structures consistent with state law, including conversion of non-livable space.
(C) Application review procedures.
(1) The city shall determine the completeness of an application within 15 business days.
(2) If incomplete, a written notice shall be provided identifying deficiencies.
(3) The applicant shall be allowed to cure deficiencies.
(4) The city shall approve or deny a complete application within 60 days.
(5) The city shall provide a process for appeal of denied applications.
(D) The city shall not deny a permit for an accessory dwelling unit constructed prior to January 1, 2020, unless necessary to correct substandard conditions that pose a threat to health and safety.
(E) If any provision of this section conflicts with state law, state law shall control. If any provision of this section conflicts with state law, including but not limited to California Government Code §§ 66310 through 66342, state law shall control, and such provision shall be interpreted to be fully compliant with state law.
(F) State law override, California Government Code § 66323, ADUs. Notwithstanding any provision of this section or this code to the contrary, an accessory dwelling unit that qualifies for ministerial approval pursuant to California Government Code § 66323 shall not be subject to any local development standards, including but not limited to standards related to size, height, setbacks, parking, lot coverage, floor area ratio, open space, or design review, except as expressly authorized by California Government Code § 66323. In the event of any conflict between this section and the California Government Code § 66323, the provisions of § 66323 shall control.
(Ord. 1049, passed 5-15-2018; Am. Ord. 1056, passed 3-3-2020; Am. Ord. 1060, passed 8-17-2021; Am. Ord. 1094, passed 5-5-2026)