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9.146.050 Accessory dwelling units.

         A.     Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

         B.      Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

         1.      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.      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 subsection (C)(9) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

         C.      Definitions. As used in this section, terms are defined as follows:

         1.      “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

         a.      An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

         b.      A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

         2.      “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

         3.      “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

         4.      “Director” means the Director of Community Development.

         5.      “Efficiency kitchen” means a kitchen that includes all of the following:

         a.      A cooking facility with appliances.

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

         6.      “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

         a.      It is no more than five hundred (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.

         e.      It includes an efficiency kitchen, as defined in subsection (C)(5) of this section.

         7.      “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

         8.      “Multifamily dwelling” means any structure with two (2) or more attached dwellings on a single lot (e.g., apartments, attached townhomes, row houses).

         9.      “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

         10.    “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU or JADU.

         11.    “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

         12.    “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

         13.    “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

         D.     Approvals. The following approvals apply to ADUs and JADUs under this section:

         1.      Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios:

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

         i.       Is either: within the space of a proposed single-family dwelling; or 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 one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress.

         ii.      Has exterior access that is independent of that for the single-family dwelling.

         iii.     Has side- and rear-yard setbacks sufficient for safety, as dictated by applicable building and fire codes.

         iv.     The JADU complies with all the requirements of Government Code Section 65852.22.

         b.      Limited Detached on Single-Family Lot. One (1) 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 (D)(1)(a) of this section), if the detached ADU complies with the following limitations:

         i.       The side- and rear-yard setbacks are at least four (4) feet.

         ii.      The total floor area is eight hundred (800) square feet or smaller.

         iii.     The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.

         c.      Converted on Multifamily Lot. One (1) 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 (D)(1)(c), at least one (1) converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five (25) percent of the existing multifamily dwelling units.

         d.      Limited Detached on Multifamily Lot. No more than two (2) detached ADUs on a lot that has an existing or proposed multifamily dwelling, if each detached ADU satisfies the following limitations:

         i.       The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

         ii.      The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.

         2.      ADU Permit—Required and Fee.

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

         b.      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 established by resolution of the City Council.

         3.      Process and Timing.

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

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

         i.       The applicant requests a delay in writing, in which case the sixty (60) day time period is tolled for the period of the requested delay; or

         ii.      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.

         c.      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 sixty (60) day time period established by subsection (D)(3)(b) 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.

         E.      General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) of this section:

         1.      Zoning.

         a.      An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.

         b.      An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

         2.      Height.

         a.      Except as otherwise provided by subsections (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 sixteen (16) feet in height.

         b.      A detached ADU may be up to eighteen (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 (1/2) 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 (2) additional feet in height (for a maximum of twenty (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 (1) story above grade may not exceed eighteen (18) feet in height.

         d.      An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two (2) stories.

         e.      For purposes of this subsection (E)(2), height is measured above existing legal grade to the peak of the structure.

         3.      Fire Sprinklers.

         a.      Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

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

         4.      Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU or JADU was created.

         5.      No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, 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.      Septic System. If the ADU or JADU will connect to an on-site waste-water treatment system, the owner must include with the application (as required by subsection (D)(1) or (D)(2) above) a percolation test completed within the previous five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

         7.      Owner Occupancy.

         a.      An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

         b.      Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

         c.      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 of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

         8.      Deed Restriction. Prior to issuance of a building permit 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 Director. The deed restriction must run with the land and bind all current and future owners. The form of the deed restriction will be provided by the City and must provide that:

         a.      Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

         b.      The ADU or 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 all current and future property owners.

         d.      The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities with a demolition permit. 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.

         e.      The deed restriction is enforceable by the Director or 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.

         9.      Building and Safety.

         a.      Must comply with building code. Subject to subsection (E)(9)(b) below, all ADUs and JADUs must comply with all local building code requirements.

         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 Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division 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 (E)(9)(b) 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.

         F.      Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section.

         1.      Maximum Size.

         a.      The maximum size of a detached or attached ADU subject to this subsection (F) is eight hundred fifty (850) square feet for a studio or one (1) bedroom unit and one thousand (1,000) square feet for a unit with two (2) or more bedrooms.

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

         c.      No application of the percent-based size limit in subsection (F)(1)(b) above or of a front yard setback requirement may require the ADU to be less than eight hundred (800) square feet.

         2.      Setbacks.

         a.      An ADU subject to this subsection (F) must conform to a twenty-five (25) foot front-yard setback, subject to subsection (F)(1)(c) above.

         b.      An ADU that is subject to this subsection (F) must conform to four (4) foot side and rear-yard setbacks.

         c.      No setback is required for an ADU that is subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

         3.      Passageway. No passageway, as defined by subsection (C)(10) of this section, is required for an ADU.

         4.      Parking.

         a.      Generally. One (1) 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 subsection (C)(13) of this section.

         b.      Exceptions. No parking under subsection (F)(4)(a) is required in the following situations:

         i.       The ADU is located within one-half (1/2) mile walking distance of public transit, as defined in subsection (C)(12) of this section.

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

         iii.     The ADU is part of the proposed or existing primary residence or an accessory structure (under subsection (D)(1)(a)).

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

         v.      When there is an established car share vehicle stop located within one (1) block of the ADU.

         vi.     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 subsections (F)(4)(b)(i) through (F)(4)(b)(v) above.

         c.      No Replacement. When a garage, carport, or covered parking structure 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.

         d.      Driveway. The ADU and primary dwelling must use the same paved driveway for vehicular access between the street and any spaces provided for off-street parking, whether open or enclosed, including any garage. An existing driveway serving the primary residence may be widened to accommodate any new parking space serving the ADU, provided that the maximum width of the driveway does not exceed thirty (30) feet or sixty (60) percent of the width of the lot, whichever is greater. For purposes of determining the maximum driveway width, the width of the lot is measured along the property line over which driveway access from the street is provided. All driveways must have a minimum depth of eighteen (18) feet on private property.

         e.      Each unenclosed parking space shall be at least nine feet wide and eighteen (18) feet long.

         f.       Each parking space that is provided in an enclosed garage shall be at least ten (10) feet wide and twenty (20) feet long and have at least seven and one-half (7 ½) feet vertical clearance.

         5.      Architectural Requirements.

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

         b.      The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction.

         G.     Fees. The following requirements apply to all ADUs that are approved under subsection (D)(1) or (D)(2) above.

         1.      Impact Fees.

         a.      No impact fee shall be required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). “Impact fee” 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 seven hundred fifty (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.      Utility Connection and Fees.

         a.      If an ADU is constructed with a new single-family home, a separate gas and electric 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.      Except as described in subsection (G)(2)(a), converted ADUs on a single-family lot that are created under subsection (D)(1)(a) 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.      Except as described in subsection (G)(2)(a), all ADUs not covered by subsection (G)(2)(b) require a new, separate gas and electricity utility connections directly between the ADU and the utility.

         i.       The connections are subject to a connection fee that is proportionate to the burden created by the ADU, based on floor area.

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

         H.     Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

         1.      Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

         2.      Unpermitted ADUs constructed before 2018.

         a.      Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

         i.       The ADU violates applicable building standards, or

 

         ii.      The ADU does not comply with the State ADU law (Government Code Section 65852.2) or this section.

         b.      Exceptions.

         i.       Notwithstanding subsection (H)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

         ii.      Subsection (H)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

         I.       Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (H)(2) of this section may be allowed by the City with a use permit, in accordance with Chapter 9.184 of this Code. (Ord. 361 § 5, 2023; Ord. 355 § 4, 2022; Ord. 343 §§ 5—7, 2021; Ord. 336 § 4, 2020; Ord. 298 § 3, 2017; Ord. 176 § 1, 2007)