17.400.135 Residential Uses—Accessory Dwelling Units
A. Accessory Dwelling Units and Junior Accessory Dwelling Units—Purpose, Definitions, General Plan Consistency
1. Purpose. The intent of this Section is to ensure that ADUs and JADUs remain as an accessory use to a single-family residence, and multifamily residences, that the parcels are organized to accommodate an ADU and/or JADU, and that such dwelling units do not adversely impact surrounding residents or the community.
2. Definitions. For purposes of this Section 17.400.135:
a. “Accessory dwelling unit” has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended time to time.
b. “ADU” means an accessory dwelling unit.
c. “Attached ADU” means an ADU, other than a converted ADU, that is physically attached to a primary dwelling. This includes an ADU that is created by converting an existing part of the primary dwelling and expanding the dwelling to create a new unit.
d. “Converted ADU” means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas.
e. “Detached ADU” means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure.
f. Existing. A structure is “existing” if it was legally constructed and the construction has passed all required final inspections.
g. “JADU” means a junior accessory dwelling unit.
h. “Junior accessory dwelling unit” shall have same meaning as that stated in Government Code Section 65852.22(h)(1) as that section may be amended time to time.
i. “Passageway” has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended time to time.
j. “Public transit” has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended time to time.
k. “Tandem parking” has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended time to time.
3. General plan consistency. In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The City finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.
B. Accessory Dwelling Units—Development Standards
1. Residential zone. Except as otherwise provided, ADUs shall conform to the development standards of the underlying zone, and are only permitted in zones that allow for residential development.
2. Location of ADUs. An ADU shall only be allowed on a lot within the City that contains or will be developed with a legal, single-family or multiple-family residence.
3. Number of ADUs per lot.
a. For lots with an existing or proposed single-family dwelling, one ADU may be on the lot.
b. For lots with an existing multifamily residential dwelling:
i. No more than 25% of the number of the existing units, but at least one unit, shall be permitted as ADUs constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; and
ii. Up to 2 detached accessory units.
c. For lots without an existing multifamily residential structure where a new multifamily residential structure is proposed, up to 2 detached ADUs may be on the lot, provided that:
i. Each ADUs complies with the development standards for ADUs in this subsection B (Accessory Dwelling Units—Development Standards);
ii. The property complies with all development standards applicable to multifamily dwellings in the underlying zoning district including, but not limited to, lot coverage, open space, parking, and landscaping requirements; and
iii. THE property is not relying on any exception within subsection B.4 (for units of 800 square feet or less), listed immediately below.
4. ADUs of 800 square feet or less. All development standards (including setbacks, lot coverage, open space, and landscaping requirements)are reduced solely to the extent necessary to allow either of the following:
a. On a lot with a proposed or existing single-family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding 16 feet, with setbacks of at least 4 feet from the side and rear yards and complies with applicable front yard setbacks.
b. On a lot with an existing multifamily dwelling, up to 2 detached ADUs that are 800 square feet or less and which have a height not exceeding 16 feet, and which comply with setbacks of at least 4 feet from the side and rear yards, and which comply with front yard setbacks.
5. Separate entrances. An ADU shall have a main entrance separate from the primary home.
6. Park fees. Applicants shall pay all applicable development impact fees, if any (See Section 3.62.040, “Parks and recreation mitigation requirement”).
7. City/public utilities.
a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the Building Standards Code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited.
b. Except for ADUs created solely by converting an existing single-family dwelling or a single-family accessory structure, the city may require a separate utility connection.
8. Building Code/minimum size. All new ADUs must comply with Title 15 of the Municipal Code (“Buildings and Construction”) and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet) and requirements relating to solar panels. However, fire sprinklers shall not be required if they are not required for the primary residence.
9. Maximum size. ADUs shall not exceed the size standards listed below:
a. Attached ADUs. The maximum floor area of an attached ADU shall be 1,200 square feet or 50% of the living area of the primary dwelling, whichever is greater.
b. Detached ADUs. 1,200 square feet of floor area.
c. Conversion. An ADU which is converted entirely from within a lawful existing structure is not subject to a maximum floor area requirement. The resultant primary dwelling does need not comply with the minimum floor area requirements of Municipal Code Section 17.210.015, although it must still comply with Building Standards Code requirements relating to minimum floor areas.
10. Lot coverage. In general, the lot coverage for all ADUs shall be subject to the lot coverage requirements of Section 17.210.015. However, ADUs which are 800 square feet or less are exempt from the total lot coverage calculation.
11. Setbacks.
a. Setbacks for converted ADUs. No setbacks are required for either: (i) those portions of ADUs that are created by converting existing living area or existing accessory structures to new ADUs; or (ii) constructing new ADUs in the same location and to the same dimensions as an existing structure.
b. Setbacks for non-converted ADUs. For all other ADUs, there must be a minimum of 4 feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks.
c. Distance between structures on a single-family lot. For a single-family zoned lot, for any detached ADU which is new construction, there must be at least 6 feet between the ADU and the single-family dwelling and all other detached accessory structures.
d. Distance between buildings on a lot with multifamily zoning. For a lot in a multifamily zone, newly constructed detached ADUs must be at least 10 feet from any other dwelling units (other than detached ADUs that are attached to each other) on the property, and at least 6 feet from accessory structures.
e. Public/private easements. No portion of an ADU (whether new construction or converted from existing space) may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the ADU in the manner proposed. Roof eaves may not be eliminated to meet the easement requirements. To establish a rebuttable presumption of compliance with these easement requirements, applicants may provide to the city a written declaration, in a form acceptable to the City Attorney, affirming under penalty of perjury compliance with these requirements.
12. Open space.
a. Single-family. For lots with a single-family development, there are no open space requirements for an ADU. However, if the primary dwelling requires open space for a reduced setback per Section 17.210.015, ADUs of 800 square feet or less may have such requirements reduced, as described in subsection B.4, above.
b. Multifamily. For a lot which has an existing multifamily structure, there are no open space requirements for the ADU. However, all open space, lot coverage, open space standards for the primary dwelling shall apply except to the extent that such standards would prohibit up to 2 detached ADUs which do not exceed 800 square feet in size, which are no taller than 16 feet in height and which comply with 4-foot rear and side yard setback per subsection B.3.
13. Height. ADUs shall not exceed the height of 16 feet unless the units are within the existing space of a single-family dwelling, an accessory structure or multifamily dwelling. ADUs may be permitted on the upper floor of a newly constructed single-family home.
14. Stairways. An ADU proposed within the second floor of an existing or proposed single-family dwelling shall not have exterior stairways.
15. Design requirements for new units. The exterior design features of the ADU shall be similar to and compatible with the primary dwelling. These features shall include, but are not limited to, roofing material, roof design, roof pitch, exterior building finish/materials, and color. The color of the ADU shall match the color of the primary dwelling.
16. Parking.
a. In addition to the required parking for the primary unit, one parking space shall be provided unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as:
i. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or
ii. Within a setback area or as tandem parking unless the Director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.
b. Notwithstanding the foregoing, no parking space shall be required for an ADU if:
i. It is located within one-half mile walking distance of public transit;
ii. It is located within an architecturally and historically significant district;
iii. It is part of a proposed or existing primary residence or accessory structure;
iv. When on-street parking permits are required but not offered to the occupant of the ADU; or
v. Where there is a car share vehicle located within one block of the ADU.
17. Corner lot driveways. Up to two driveways may be on one corner lot if the site is developed with an ADU, provided that each driveway is on different sides of the lot, and further provided that the proposed location for the driveway meets all applicable standards of the city’s Public Works Department. A second driveway may be installed regardless of whether the driveway leads to a garage.
18. Porches and landings.
a. Raised landings. Raised landings and platforms shall only lead into an exterior entryway of an ADU and shall not exceed 50 inches in depth nor more than 6 inches in excess of the width of the adjoining doorway.
b. Porches and patio covers. If an unenclosed covered porch or covered area will be no more than 200 square feet, will be attached to a detached ADU, and an entrance to the ADU can be accessed through the porch/covered area, the covered porch/covered area shall not be required to meet the requirement of Municipal Code Section 17.400.130.B.2.ato have at least 1,000 square feet of contiguous open space in the rear yard.
19. ADU within a new single-family residence.
a. Within single-family dwelling. On a lot with a proposed single-family dwelling in a residential or mixed-use zone, up to one detached ADU may be constructed, or one ADU may be constructed within the single-family residence. If an ADU is to be constructed within a new single-family dwelling, such ADU is allowed only if the single-family dwelling complies with all applicable requirements for single-family residential dwellings including lot coverage, setbacks, etc.
b. Second story. If the ADU is located on the upper floor of the new single-family dwelling, or if the ADU contains a second floor, the ADU shall also comply with all applicable requirements for single-family homes including setbacks, lot coverage, etc.
20. Conversion of structures (including garages). For purposes of determining whether an ADU is allowed, the development standards for lot coverage, open space, and setbacks, contained in this Title do not apply to the following units if they are within a residential or mixed-use zone. Further, such units may be on any floor of an existing structure.
a. Single-family unit. On a lot with an existing single-family dwelling in a residential or mixed-use zone, up to one ADU may be constructed within the single-family residence or within an accessory structure. Such ADU must have exterior access and side and rear setbacks sufficient for fire safety. An expansion of to 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate access to the ADU is allowed.
b. Multifamily unit. ADUs may be constructed within those portions of existing lawful multifamily structures that are not used as livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed 25% of the current number of units of the multifamily complex on the lot and at least one such unit shall be allowed.
21. Garage conversions.
a. Parking. When a garage, carport, or covered parking structure is demolished for the purpose of allowing a new ADU, the off-street parking spaces do not have to be replaced.
b. Demolition. No garage may be demolished without first having obtained a demolition permit.
c. Driveway. The existing driveway leading to a garage may remain. The driveway may only be removed if it is replaced with landscaping or open space, and the curb cut and driveway apron are removed and replaced with a curb and gutter which meet city standards.
22. Conversion of existing primary unit. When a new, larger primary residence is proposed to be constructed, the entirety of an existing single-family dwelling may be converted to an ADU if the lot is in a single-family zone and the converted structure complies with all applicable requirements of this chapter applicable to single-family homes.
23. Short-term rentals prohibited. ADUs may not be rented for periods shorter than 31 days.
24. Separate sale prohibited. Except as otherwise provided by law (e.g., Government Code Section 65852.26), ADUs may not be sold or otherwise conveyed separate from the primary residence.
25. Nonconforming. ADUs shall not be required to correct legal nonconforming zoning conditions as a pre-condition to obtaining authorization to construct.
26. Affordability information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each ADU to qualify as “low-income” housing for purposes of the Regional Housing Needs Assessment (RHNA).
C. Junior Accessory Dwelling Units
1. Purposes. This section provides standards for the establishment of JADUs. JADUs will typically be smaller than an ADU, will be constructed within the walls of an existing or proposed single-family residence, and requires owner occupancy in the single-family residence where the unit is located.
2. Number. No more than one JADU may be on a lot.
3. Size. A JADU shall not exceed 500 square feet in size. ADUs must comply with Title 15 of the Municipal Code (“Buildings and Construction”) and any other applicable provisions of the California Building Standards Code, including minimum permissible sizes for dwellings (typically 220 square feet).
4. Zone. A JADU must be within a residential or mixed-use zone.
5. Owner occupancy. The owner of a parcel proposed for a JADU shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.
6. Sale prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel.
7. Short-term rentals. The JADU shall not be rented for periods of less than 31 days.
8. Within residence/attached garage. A JADU shall be entirely within a single-family residence or an attached garage. If a JADU is within an attached garage, the lost parking spaces need not be replaced.
9. Entrances/restrooms. A JADU shall have an exterior entrance separate from the primary dwelling. However, it may share restroom facilities with the primary dwelling. Exterior entryways for JADUs shall follow the provisions for single-family homes in subsection B.6 of Section 17.400.120, as that section may be amended from time to time.
10. Kitchen requirements. The JADU shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
11. Parking. No additional parking is required beyond that already required for the primary dwelling.
12. Fire protection—Utility service. All JADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a JADU shall not be considered a separate or new unit, unless the JADU was constructed in conjunction with a new single-family dwelling. No separate connection between the JADU and the utility shall be required for units created within a single-family dwelling, unless the JADU is being constructed in connection with a new single-family dwelling.
13. Deed restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the JADU separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection C.5 above, does not permit rentals for periods of less than 31 days, and restricts the size and attributes of the junior dwelling unit to those that conform with this Section.
14. Nonconforming. JADUs shall not be required to correct legal nonconforming zoning conditions as a pre-condition to obtaining authorization to construct.
15. Affordability information (RHNA). Applicants shall provide the city with all information reasonably requested by city to allow the city to attempt to cause each JADU to qualify as “low-income” housing for purposes of the Regional Housing Needs Assessment (RHNA).
(Ord. 2572 § 4, 2021)