Chapter 17.74 — SHORT-TERM RENTAL OF RESIDENTIAL PROPERTY

The purpose of this chapter is to establish regulations governing the short-term rental of residential property within the city. The establishment of these regulations will help maintain adequate housing stock for permanent residents while ensuring that short-term rental activities do not become a nuisance or threaten the public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, the accumulation of refuse, and other effects related to short-term rentals.

(Code 1985, § 17.74.010; Ord. No. 554, § 1, 8-14-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

Host means the person who is responsible for conducting the short-term rental activity and who is identified as the host in the application for approval submitted pursuant to this chapter.

B.

Hosted short-term rental means to provide transient lodging in a dwelling unit, for compensation, for a period of 30 consecutive calendar days or less, while a host is available to manage the property throughout the lodger's stay. The term "hosted short-term rental" does not include transient lodging in city-approved hotels and motels.

C.

Hosting platform means a marketplace in whatever form or format which facilitates short-term rentals through advertising, matchmaking or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

D.

Primary residence means the dwelling unit in which a person resides for more than half of the year.

E.

Short-term rental means to provide transient lodging in a dwelling unit, for compensation, for a period of 30 consecutive calendar days or less. The term "short-term rental" does not include transient lodging in cityapproved hotels and motels.

(Code 1985, § 17.74.020; Ord. No. 554, § 1, 8-14-2017)

The short-term rental of residential property is a prohibited use in every zoning district in the city, with the exception of approved hosted rentals permitted pursuant to this chapter.

(Code 1985, § 17.74.030; Ord. No. 554, § 1, 8-14-2017)

A.

Hosted short-term rentals are allowed in any zoning district where residential uses are permitted subject to the following requirements:

1.

The short-term rental activity must be approved by the planning director pursuant to section 17.74.050.

2.

The rental property must be the property owner's primary residence.

3.

A maximum of two overnight lodgers per bedroom are allowed per night in any single-family dwelling or any single dwelling unit in a multifamily dwelling. The limit of two overnight lodgers per bedroom does not include minor children who are accompanied by an adult.

4.

Rental to unaccompanied minors under the age of 18 years is prohibited.

5.

The host shall reside on-site, although it is not necessary that the host be present on-site throughout the lodgers' stay. To reside on-site means that the property being used for short-term rentals is the host's primary residence and the host uses the property for purposes of eating, sleeping, and other activities of daily living. Lodgers may stay in an accessory dwelling unit if the host resides in the primary dwelling. Lodgers may also stay in one dwelling unit of a two-family dwelling if the host resides in the other dwelling unit. Only one dwelling unit per property may be used as a short-term rental, regardless of the total number of dwellings on the property.

6.

The host shall comply with all permit conditions and applicable local, state, and federal laws, including, but not limited to, health, safety, fire, and building codes including the federal Americans with Disabilities Act as it applies to commercial lodging facilities.

7.

The host must provide all lodgers with facilities for sleeping, bathing, and toileting inside of a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles or outdoor areas is prohibited.

8.

The host shall obtain a business license, as required by chapter 5.04 and shall pay all business licenses taxes as required by chapter 5.08.

9.

The host shall collect and remit transient occupancy tax, in coordination with any hosting platform if utilized, pursuant to chapter 3.20. Transient occupancy taxes shall be remitted on a monthly basis at the end of the subsequent month.

10.

The host shall pay all applicable city tourism improvement district fees. City tourism improvement district fees shall be remitted on a monthly basis at the end of the subsequent month.

11.

The host is responsible for ensuring the property does not become a nuisance due to the short-term rental activity.

12.

No outside signage advertising the property as a short-term rental shall be permitted.

B.

The host must provide adequate on-site parking for all lodgers. On-street parking shall not be considered as on-site parking for short-term rental guests.

C.

No property shall be rented for less than 30 days if it is an accessory dwelling unit or junior accessory dwelling unit which is required to be rented for at least 30 days by the provisions of chapter 17.75 regarding accessory dwelling units and junior accessory dwelling units.

(Code 1985, § 17.74.040; Ord. No. 554, § 1, 8-14-2017; Ord. No. 564, § 2, 12-9-2019)

17.74.050. - Hosted short-term rentals—Approval required.

A.

No person shall undertake, maintain, authorize, aid, facilitate or advertise any hosted or short-term rental activity that does not comply with the provisions of this Code.

B.

In all districts where the above-described activity is permitted, a short-term rental permit shall be required.

C.

The application for approval of a short-term rental permit shall include the following:

1.

Name, address and contact information of the host.

2.

Name, address and contact information of the owner of the property where the short-term rental activity will occur.

3.

Name, address and contact information for the host's local emergency contact representative in the event the host and the property owner are unable to be contacted.

4.

Proof the rental property is the primary residence of the property owner.

5.

If the property is part of a common interest development, the application shall include a letter of authorization from the homeowner's association indicating that use of the property for short-term rentals meets the property's requirements.

6.

Any additional information or supporting materials to describe existing property conditions and the proposed operations as required by the planning director.

D.

The planning director shall not approve the short-term rental application unless the director finds that the use will comply with the requirements of this Code and other applicable law. The decision of the planning director to deny an application for a short-term rental may be appealed by the applicant to the city council in the manner set forth in section 17.80.110 (procedure for appeal for denial of variances or use permits). The city council's determination of the appeal shall be final.

E.

Prior to issuance of a short-term rental permit, all properties within 300 feet of the subject property described in the permit application will be provided mailed notice of the applicant's intent to operate a short-term rental. Such notice will also be posted at city hall. The public will be provided 30 days to comment from the date the notice is posted at city hall.

F.

The planning director may add conditions to a short-term rental permit to prevent impacts of the short-term rental activities from being a nuisance to the surrounding properties including conditions related to specific parking requirements, noise reduction measures, and garbage collection and related property maintenance issues.

G.

The short-term rental application approval shall be effective for one year from the date of issuance and shall be renewed each year. Criteria for approval of renewal application shall be the same as for the initial application. However, the planning director may deny any application for a renewal permit if there is evidence that the host has violated any of the requirements of this chapter 17.74.

(Code 1985, § 17.74.050; Ord. No. 554, § 1, 8-14-2017)

The approval of short-term rental may be revoked or modified by the planning director as follows:

A.

Notice and hearing. Notice shall be mailed to the host at the address specified in the approval application. The notice shall specify the reasons for the revocation and shall designate a time and place of an administrative hearing with the planning director no sooner than the sixth business day following the mailing date of the notice. The host shall be given the opportunity to present written and oral evidence at the hearing. Failure to appear at the hearing shall constitute a waiver of any objections to the proposed revocation.

B.

Revocation. Following the hearing, the planning director may revoke the approval if the director makes one or more of the following findings:

1.

The approval was obtained by fraud;

2.

The short-term rental activity has been or is being conducted in violation of any provision of this Code or other applicable law;

3.

The conditions of approval have been or are being violated;

4.

The host fails to pay transient occupancy taxes;

5.

The short-term rental activity constitutes a public nuisance.

C.

Notice of decision. A written notice of the planning director's decision shall be prepared and mailed to the host at the address specified in the application for approval. If the approval is revoked, the notice shall contain a statement directing the host to immediately cease using the property for short-term rental and that failure to cease such use may be subject to further legal action or enforcement.

D.

Appeal. The decision of the planning director to deny or revoke a short-term rental application may be appealed by the applicant to the city council in the manner set forth in section 17.80.110 (procedure for appeal for denial of variances or use permits). The city council's determination of the appeal shall be final. The city council's decision may be appealed to the superior court.

(Code 1985, § 17.74.060; Ord. No. 554, § 1, 8-14-2017)

The city council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.

(Code 1985, § 17.74.070; Ord. No. 554, § 1, 8-14-2017)

17.74.080. - Violations a public nuisance; penalties, nuisance abatement, and other remedies.

Any short-term rental operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance which the city attorney may seek to abate, remove, and enjoin in any manner provided by law. Such remedies shall be in addition to any other remedies available to the city under this Code or under state law.

(Code 1985, § 17.74.080; Ord. No. 554, § 1, 8-14-2017)

CHAPTER 17.75. - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS[[1]]

Footnotes:

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Editor's note— Ord. No. 602, Exh. A, adopted Jan. 26, 2026, repealed the former Ch. 17.75, §§ 17.75.010 —17.75.080, and enacted a new Ch. 17.75 as set out herein. The former Ch. 17.75 pertained to similar subject matter and derived from Code 1985, §§ 17.75.010—17.75.080; Ord. No. 564, § 3, adopted Dec. 9, 2019; Ord. No. 577, §§ 1, 2, adopted April 25, 2022.

17.75.010. - Accessory dwelling units; junior accessory dwelling units—Purpose and definitions.

A.

Purpose.

1.

The city finds and declares that accessory dwelling units and junior accessory dwelling units are an important form of housing that contributes to the character and diversity of housing opportunities in the city. Accessory dwelling units and junior accessory dwelling units provide workforce housing, housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at belowmarket rental rates within existing neighborhoods.

2.

It is the intent of the city to encourage accessory dwelling units and, additionally, to impose standards on such units that will enable homeowners to create accessory dwelling units that will be compatible, as much as possible, with their neighborhoods. An additional purpose of this chapter is to comply with Government Code § 65852.2 relative to accessory dwelling units and junior accessory dwelling units.

3.

This chapter establishes standards for accessory dwelling units (ADUs) in accordance with California Government Code Section 66310 et seq. and junior accessory dwelling units (JADUs) in accordance with California Government Code Section 66333 et seq. These standards are intended to allow for ADUs and JADUs as important forms of affordable housing, while preserving the character and integrity of Bishop's residential uses and neighborhoods.

In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.

B.

Prohibition on sale or transfer of ADU. An ADU shall not be sold or conveyed separately from the primary dwelling, except as allowed by California Government Code Section 66341.

C.

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

The terms "accessory dwelling unit," "junior accessory dwelling unit", "public transit," "passageway, and "tandem parking" all have the same meanings as that stated in Government Code§ 66313.

2.

Housing organization shall have the same meaning as defined in Government Code§ 65589.5(k)(2).

3.

For purposes of this chapter, "primary dwelling" shall mean as follows:

a.

In the case of a single-unit residential zone, the existing single-unit dwelling, or the larger of two proposed units.

b.

In the case of any other residential or mixed-use zone in which a single-unit dwelling exists on the property, the existing dwelling.

c.

In the case of a multi-unit or mixed-use zone which allows residential use, the existing or proposed multiunit units.

4.

For purposes of this chapter, "multi-unit dwelling" shall have the same meaning as "multifamily dwelling" as defined under State ADU law, which means a structure with two or more attached dwellings on a single lot.

5.

The definitions set forth in California Government Code Section 66313 et seq. relating to ADUs and JADUs shall control if not defined herein.

(Ord. No. 602, Exh. A, 1-26-2026)

A.

Applications for ADUs and JADUs shall be ministerially approved or denied within 60 days of receipt of a complete application. An application shall be approved if it complies with the requirements of this chapter.

1.

If the application is submitted in conjunction with an application for a new single-unit or multi-unit dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-unit or multi-unit dwelling is approved.

a.

The city shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the city received the application.

b.

If the city determines an application is incomplete, the city shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subsection 2.

c.

After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the city.

2.

In the review of an application submitted pursuant to subsection 4, the city shall not require the application to include an item that was not included in the list required by subsection 3.

3.

If an applicant submits an application pursuant to subsection 4, the city shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subsection 3. This additional application is subject to the timelines and requirements specified in subsection 2.

4.

If the city does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section.

If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within 60 days of a complete application.

6.

If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time.

7.

The city shall grant an extension if requested by the applicant.

8.

If the city does not approve or deny the completed application within 60 days, the application shall be deemed approved.

9.

Notwithstanding the above, if the applicant uses a plan for an ADU that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached ADU approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.

B.

All applications for ADUs and JADUs shall be accompanied by an application fee.

C.

ADUs and JADUs shall be subject to application, inspection, and permit fees.

D.

An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.

E.

Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.

(Ord. No. 602, Exh. A, 1-26-2026)

The following provisions apply to structures constructed prior to January 1, 2020.

A.

No application or permit shall be denied for an unpermitted ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:

1.

The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or

2.

The ADU or JADU does not comply with state law or the provisions of the Bishop Zoning Code regulating ADUs or JADUs.

B.

The provisions of section 17.75.030 A., above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3.

1.

The city shall inform a homeowner that, before submitting an application for a permit for an unpermitted structure, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.

2.

Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Such inspection will be subject to applicable inspection fees.

3.

A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e).

4.

Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an unpermitted ADU that substantially reads as follows:

You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an

application with the planning director. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.

(Ord. No. 602, Exh. A, 1-26-2026)

A.

All ADUs and JADUs must be connected to public utilities including water, electric, and sewer services.

B.

Impact fees.

1.

No impact fee shall be imposed on any ADU of 750 square feet or less of interior livable space in size.

2.

For ADUs greater than 750 square feet of interior livable space impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

3.

All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq.

4.

For purposes of this chapter, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.

C.

Connection fees/capacity charges.

1.

An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-unit dwelling.

2.

For an ADU contained within a proposed or existing single-unit dwelling meeting the requirements of section 17.75.060, below, the city shall not impose a connection fee or capacity charge, unless the unit is being constructed with a new single-unit dwelling. For all other ADUs, the city shall charge a connection fee

or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.

3.

A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power, unless constructed concurrently with a new single-family dwelling (Gov. Code, § 66324, subd. (b))..

D.

Application fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the city council, unless constructed concurrently with a new single-family dwelling.

(Ord. No. 602, Exh. A, 1-26-2026)

All accessory dwelling units shall not exceed the size standards listed below for attached or detached units or garages.

A.

Attached units in single-family dwellings, new construction. The maximum interior livable floor area of an attached accessory dwelling unit on a single-family lot shall be the higher of the following applicable standards:

1.

850 square feet for an accessory dwelling unit that is a studio or one-bedroom unit;

2.

1,000 square feet for an accessory dwelling unit that has two or more bedrooms; or

3.

50 percent of the total floor area of the existing or proposed primary dwelling.

B.

Detached units on single-family dwelling lots, new construction.

1.

A detached unit shall not exceed 1,200 square feet of living area.

2.

A single-car carport may be attached to the detached accessory dwelling unit.

D.

Existing accessory structure 1,050 square feet or less. When an existing accessory structure with a floor area of 1,050 square feet or less is converted to an ADU, the floor area may be increased up to a maximum of 1,200 square feet.

E.

Existing accessory structure greater than 1,050 square feet. The physical dimensions of an existing accessory structure with a floor area greater than 1,050 square feet may be increased by not more than 150 square feet, but only for the purpose of providing ingress or egress.

F.

Existing home designated as ADU. If a lot contains an existing single-unit dwelling of no more than 1,200 square feet in size, the existing single-unit dwelling may be designated as an ADU as part of a project to construct a new single-unit dwelling on the lot.

G.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Gov. Code, § 66323, subd. (a)(1).)

H.

Setback requirements.

1.

No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

2.

For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines, and comply with all other applicable front yard setbacks, and any setbacks between structures.

(Ord. No. 602, Exh. A, 1-26-2026)

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A.

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multifamily residence as an existing or proposed primary unit on a lot.

B.

Number of accessory dwelling units per lot.

1.

Single-family converted ADUs and JADUs. One ADU per lot is permitted within the converted space of a proposed or existing single-family dwelling or accessory structure. This type of ADU must have exterior access and setbacks for fire and safety but is not subject to a four-foot side and rear yard setback. (Gov. Code, § 66323, subd. (a)(1).)

ADUs converted from accessory structures are eligible for a 150 square-foot expansion to accommodate ingress and egress. For example, if a second story from a singlefamily dwelling is converted into an ADU, a stairwell of not more than 150 square feet could be added, among other types of ingress and egress configurations that comply with the local building code. (Gov. Code, § 66323, subd. (a)(1)(A).)

In addition, one JADU per lot is permitted within the proposed or existing space of a single-family dwelling or accessory structure and must have exterior access, side and rear setbacks for fire and safety. (Gov. Code, § 66323, subd. (a)(1).) JADUs must also comply with the provisions of JADU Law found in Government Code sections 66333- 66339. For the purposes of constructing a JADU, attached garages are part of a single family dwelling. (Gov. Code, § 66333, subd. (d).) For more information, please see the

Handbook section on JADUs. 2. Single-Family Detached ADUs One detached new construction ADU that does not exceed four-foot side and rear yard setbacks is permitted on lots with an existing or proposed single-family dwelling (Gov. Code, § 66323, subd. (a)(2)). The maximum unit size is 800 square feet with a height limitation of 16, 18, or 20 feet depending on conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(2)(B).)

2.

Multifamily converted ADUs. ADUs may be created within the portions of existing multifamily structures that are not used as livable space (Gov. Code, § 66323, subd. (a)(3)(A)). Local agencies shall allow 19 at least one ADU within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units (Gov. Code, § 66323, subd. (a)(3)(B)).

Examples of structures that are not used as livable space include, but are not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages (Gov. Code, § 66323, subd. (a)(3)(A)).

3.

Multifamily detached ADUs. Up to two detached ADUs are allowed on a lot that has a proposed multifamily dwelling, or up to eight detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot. These ADUs are subject to a four foot rear and side yard setbacks and height limits of 16, 18, or 20 feet depending on conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(4)(A).) A local agency may not require that a setback be modified for an existing multifamily dwelling with setbacks less than four feet as a condition of ADU application approval (Gov. Code, § 66323, subd. (a)(4)(B)).

C.

Building code compliance. All new accessory dwelling units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with title 24 of the California Code of Regulations (CCR title 24) However, fire sprinklers shall not be required if they were not required in the primary residence.

D.

Height. ADUs shall be subject to the following height limitations:

1.

A height of 16 feet for a detached ADU on a lot with an existing or proposed single unit or multi-unit dwelling unit.

2.

A height of 18 feet for a detached ADU on a lot with an existing or proposed single unit or multi-unit dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-unit, multistory dwelling.

4.

A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. For an ADU constructed above the detached garage, the height limit shall be 25 feet. In no event shall the ADU exceed two stories.

E.

Parking.

1.

The city shall not require the owner to provide more than one additional parking space per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:

a.

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

b.

Within a setback area or as tandem parking in locations determined feasible by the city for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life

safety conditions, or that it is not permitted anywhere else in the city.

2.

Parking hardship exception may be granted for ADUs when the provision of an off-street parking space would eliminate an existing on-street parking space, require the removal of a tree with a diameter at breast height (DBH) of six inches or greater, or when the addition of an off-street parking space would result in a driveway width exceeding 24 feet.

3.

Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or an accessory structure;

d.

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

e.

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

4.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

5.

No new curb cuts are allowed for an accessory dwelling unit unless the director of public works determines the curb cuts are reasonably necessary and serve the public interest.

F.

Historic preservation. If the accessory dwelling unit is to be constructed on a parcel identified on any federal, state or local list of historic or formally determined eligible historic resources, the accessory dwelling unit shall not adversely comprise the property's integrity to convey its historic significance through

its: setting, location, design, materials, workmanship, feeling or association, as described in National Register Bulletin 15. Likewise, the accessory dwelling unit shall not be placed or constructed so as to result in a modification of the existing historic resource on the parcel, unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's Standards for Treatment of Historic Properties.

G.

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

1.

The materials, colors, and architecture shall be complementary to those of the primary unit.

2.

Lighting shall not spill on to neighboring lots.

H.

Distance. The distance between any detached accessory dwelling unit and the main dwelling shall comply with those requirements applicable to garages and other accessory buildings.

I.

Accessory dwelling units approved under this chapter shall not be rented for a term of less than 30 days.

(Ord. No. 602, Exh. A, 1-26-2026)

17.75.070. - Accessory dwelling unit and junior accessory dwelling unit exceptions.

A.

Development standards relating to the size of an ADU, including size based on a percentage of the primary dwelling, limits on lot coverage, floor area ratio, open space, front setbacks, building separation, and minimum lot size shall be waived to the extent required to allow construction of an ADU with 800 square foot of interior livable space.

B.

Accessory dwelling units or junior accessory dwelling units approved under this chapter shall not be required to correct legal nonconforming zoning conditions.

(Ord. No. 602, Exh. A, 1-26-2026)

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 dwelling units, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.

(Ord. No. 602, Exh. A, 1-26-2026)

A.

Purposes. This section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit and will be constructed within the walls of an existing single-family structure.

B.

Size. A junior accessory dwelling unit shall not exceed 500 square feet of interior livable space in size.

C.

Owner-occupancy requirement. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling when the junior accessory dwelling unit and the primary dwelling share sanitation/bathroom facilities. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D.

Sale prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E.

Short-term rentals. The junior accessory dwelling unit shall not be rented for periods of less than 30 days.

F.

Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be created within the existing walls of an existing or proposed primary dwelling, including in an attached garage.

G.

Kitchen requirements. The junior accessory dwelling unit 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 junior accessory dwelling unit.

H.

Parking. No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I.

Separate entrance. JADU without a separate bathroom shall include a separate entrance from the main entrance to the proposed JADU, with an interior entry to the main living area.

J.

Sanitation facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-unit residence and shall have direct access to the single-unit residence from the interior of the dwelling unit.

K.

Fire protection; utility service. 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 junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

L.

Deed restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following:

1.

The JADU shall not be sold separately from the single-family residence;

2.

The JADU is restricted to the maximum size allowed per the standards set forth in this section;

3.

The JADU may not be rented for a period of less than 30 days;

4.

A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.

5.

The deed restriction shall be binding upon any successor in ownership of the property.

(Ord. No. 602, Exh. A, 1-26-2026)

Notwithstanding any other provision of this section, pursuant to California Government Code Section 66323, the city shall ministerially approve an application for a building permit within any residential or mixed-use zone to create any of the following:

A.

One ADU and one JADU within the existing or proposed space of a single-unit dwelling or accessory structure.

1.

An existing accessory structure may be expanded by up to 150 square feet solely for the purpose of accommodating ingress and egress to an ADU.

2.

The ADU and/or JADU must have exterior access from the proposed or existing single-unit dwelling.

3.

The side and rear setbacks must be sufficient for fire and safety.

4.

If the unit is a JADU, it must comply with the requirements of California Government Code Section 66333 et seq, as further set forth in section 18.12.150.L, above.

B.

One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with an existing or proposed single-unit dwelling. The ADU may be combined with a JADU described in section 17.75.060 D, above. The ADU shall not exceed 800 square feet and shall not exceed the height limits set forth in section 17.75.060 D above.

C.

On a lot with an existing multi-unit dwelling structure, up to 25 percent of the total multi-unit dwelling units, but no less than one ADU, within portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each ADU complies with state building standards.

D.

On a lot with an existing multi-unit dwelling structure, up to eight detached ADUs, provided that the number of ADUs on the lot shall not exceed the number of existing units on the lot. Setbacks shall be limited to side and rear setbacks of no more than four feet. If the existing multi-unit dwelling has a rear or side setback of less than four feet, the city shall not require modification as a condition of approving the application for the proposed ADU(s). The height shall not exceed the height limits set forth in section 18.12.150.K.2.a.i—iii, above. On a lot with a proposed multi-unit dwelling structure, up to two detached ADUs. Side and rear yard

setbacks shall be no more than four feet. The height shall not exceed the height limits set forth in section 18.12.150.K.2.a.i—iii, above.

E.

The city shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s).

F.

An ADU and/or JADU created pursuant to this subsection shall not be rented for periods of less than 31 days.

G.

Certificate of occupancy. No certificate of occupancy shall be issued for an ADU or JADU until the certificate of occupancy is issued for the primary unit.

(Ord. No. 602, Exh. A, 1-26-2026)

17.75.110. - Accessory dwelling units/junior accessory dwelling units; appeal process.

A.

Applicants may file an appeal of the decision of the planning director related to an accessory dwelling unit or junior accessory dwelling unit permit consistent with this section.

B.

The appeal shall be made to the planning commission. The planning commission shall review the appeal at a public meeting and shall provide a final written determination by not later than 60 business days after receipt of the applicant's written appeal. No formal notice or public hearing is required. The planning commission will not consider such an appeal unless the appeal contains allegations that the determination to deny or incorrectly approve a permit, or impose conditions on the permit, exceeded the authority granted to the city planner by this chapter. The appeal must be filed with the city clerk within ten days of the final decision of the planning director.

(Ord. No. 602, Exh. A, 1-26-2026)