Blythe Municipal Code Ch. 17.33 Accessory Dwelling Units/Junior Accessory Dwelling Units

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Editor's note— Ord. No. 939-U, § 2, adopted May 13, 2025, repealed the former Ch. 17.33, §§ 17.33.010—17.33.070, and enacted a new Ch. 17.33 as set out herein. The former Ch. 17.33 pertained to similar subject matter and derived from Ord. No. 911, § 3, adopted December 14, 2021.

A. This chapter's purpose is to encourage and allow the provision of affordable housing, while preserving the character and integrity of Blythe's residential uses and neighborhoods. This chapter establishes standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with the State law provisions set forth in California Government Code Sections 66310 through 66342 ("State ADU law").

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

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

2. In the case of any other residential or mixed-use zone in which a single-family dwelling is allowed on the property, the existing single-family dwelling or the larger of two proposed units.

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

C. As used in this chapter, single-family residential zones refers to the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones.

D. 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.

E. For the purposes of this chapter, words and phrases defined in the State ADU law shall have the same meaning when used in this chapter.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. Zoning Clearance. ADUs and JADUs consistent with the requirements of this chapter are allowed by-right with a building permit.

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

1. 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 sixty days of a complete application.

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

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

4. The city shall grant a delay if requested by the applicant.

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

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

8. 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.

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

C. Inspection and Permit Fees. ADUs and JADUs shall be subject to applicable inspection and permit fees.

D. No certificate of occupancy for an ADU shall be issued before the city issues a certificate of occupancy for the primary dwelling.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. No application or permit shall be denied for an 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 Blythe Zoning Code regulating ADUs.

B. The provisions of subsection 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.

C. The city shall inform a homeowner that, before submitting an application for a permit, 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.

D. 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.

E. 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 accessory dwelling unit that provides substantially as follows:

You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. 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 Development Services Director. If the Development Services Director or designee 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.

F. 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).

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. An ADU is permitted on any lot where single- or multiple-family dwellings are a permitted use as specified in this chapter. An ADU is also allowed on a lot where single- or multiple-family dwellings are a conditionally permitted use, provided that the lot will contain either a single- or multiple-family dwelling.

B. A JADU is permitted in a single-family residential zone.

C. Except as provided in Section 17.33.080, below, only one ADU or JADU shall be allowed on a lot.

D. ADUs are allowed within, attached to, or detached from the primary unit in accordance with the provisions of this chapter.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

ADUs may not be rented for periods of less than thirty-one days.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. General Standards.

1. ADUs and JADUs are not included in density calculations, are considered residential uses consistent with the existing general plan and zoning designation for the lot, and may count as dwelling units for purposes of identifying adequate sites for housing.

2. ADUs and JADUs must satisfy the requirements of Title 15 of this code (Buildings and Construction) and any other applicable provisions of the California Building Standards Code as each may be amended from time to time, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official 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.

3. Notwithstanding anything in the California Building Standards Code to the contrary, fire sprinklers shall not be required if they are not required for the primary residence and the construction of an ADU or JADU shall not trigger a requirement for sprinklers to be installed in the primary dwelling.

4. The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1(b).

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

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

2. A height of eighteen feet for a detached ADU on a lot with an existing or proposed single-family or multi-family 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 eighteen feet for a detached ADU on a lot with an existing or proposed multi-family, multistory dwelling.

4. A height of twenty-five 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. In no event shall the ADU exceed two stories.

C. Lot Coverage. An ADU shall comply with the lot coverage standards for the zoning district in which it is located.

D. An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.

E. Maximum Unit Size.

1. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not exceed one thousand two hundred square feet.

2. Attached. An ADU attached to a single-family dwelling shall not exceed eight hundred fifty square feet for an ADU with zero to one bedrooms, or one thousand square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of an attached ADU shall not exceed fifty percent of the existing primary dwelling.

3. Interior Conversions. ADUs which are converted from space entirely within existing structures, including accessory structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage.

4. Existing Home Designated as ADU. If a lot contains an existing single-family dwelling less than one thousand two hundred square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single-family dwelling on the lot.

F. Setbacks.

1. Front setback: Per the base zoning standard.

2. Side setback: Four feet.

3. Rear setback: Four feet.

4. Building separation: Detached ADUs must be at least ten feet from any other building on the lot.

5. Conversion of Existing Accessory Structure. No setbacks are required for an existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU.

G. Parking.

1. In addition to the required parking for the primary unit(s), one parking space shall be provided for an ADU that is a minimum of one bedroom in size. 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 unless the city manager or the city manager's designee 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.

2. Notwithstanding the foregoing, no parking space shall be required for an ADU if:

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 accessory structure;

d. On-street parking permits are required but not offered to the occupant of the ADU;

e. There is a car share vehicle located within one block of the ADU; or

f. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section.

3. When a garage, carport, uncovered, or covered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.

H. Waiver of Standards. Development standards shall be waived to the extent required in order to allow an accessory dwelling unit that is eight hundred square feet, that does not exceed the height requirements set forth in Section 17.33.060.B, above, and has a minimum of four-foot side and rear yard setbacks.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. Where Allowed. One JADU shall be allowed within an existing or proposed single-family dwelling on a lot zoned for single-family residences, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 17.33.080, below.

B. Owner Occupancy. Unless the owner is another governmental agency, land trust, or housing organization, the owner shall be required to live in either the primary unit or the JADU.

C. Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.

D. Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling.

E. 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-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit.

F. Parking. No additional parking shall be required for a JADU.

G. Building Standards. JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence.

H. JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.

I. Deed Restriction. 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 of five hundred square feet.

3. The JADU may not be rented for a period of less than thirty-one 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. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone to create any of the following:

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

a. An expansion of up to one hundred fifty square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.

b. The JADU shall have exterior access separate from the existing or proposed single-family dwelling.

c. The side and rear setbacks shall be sufficient for fire and safety.

d. If the unit is a JADU, it shall comply with the requirements of this chapter.

2. One new detached ADU with minimum four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling; provided, that the unit shall not be more than eight hundred square feet and shall not exceed the height requirements set forth in Section 17.33.060.B(1) through (3), above. A JADU may be developed in conjunction with this type of detached ADU, provided it complies with the requirements of subsection (A)(1) of this section.

3. On a lot with a multi-family dwelling structure, up to twenty-five percent of the existing total multi-family dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings.

4. On a lot with a proposed multi-family dwelling structure, up to two detached units; provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks.

5. On a lot with an existing multi-family dwelling structure, up to eight detached units, but in no event more than the number of existing units on the lot, provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks.

B. For those ADUs and/or JADUs which require mandatory approval, the city shall not require the correction of nonconforming zoning conditions as a condition of approval.

C. The installation of fire sprinklers shall not be required in an ADU approved under this section if fire sprinklers are not required for the primary residence.

D. No unit approved under this section shall be rented for a period of less than thirty-one days.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A. Public Utilities. All ADUs and JADUs must be connected to public utilities or their equivalent, including water, electric, and sewer services. However, legally compliant well-water and septic services may meet these requirements on a lot with a single-family dwelling if the well-water and septic services would be authorized if the ADU or JADU were a single-family dwelling.

B. Zones of Insufficient Water and Sewer Service. Unless prohibited by law, new ADUs are prohibited if the public works director or designee determines the surrounding residential neighborhood has insufficient water or sewer service. The public works director shall maintain a document detailing the known areas in the city with insufficient water or sewer service and the map shall be posted on the city's website and shall be promptly made available to the public upon request. The public works director shall update the document periodically.

C. Impact Fees.

1. No impact fee shall be imposed on any ADU less than seven hundred fifty square feet in size.

2. For ADUs seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

3. All applicable public service and applicable 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 section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.

D. 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-family dwelling. A JADU shall not be considered a separate or new dwelling unit.

2. For an ADU contained within a single-family dwelling meeting the requirements of Section 17.33.080.A(1), above, the city shall not impose a connection fee or capacity charge, or require a new or separate utility connection between the ADU and the utility, unless the unit is being constructed with a new single-family 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.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

Except as permitted by California Government Code Section 66341, an ADU may not be separately sold or conveyed.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)