Chapter 18.60 — ACCESSORY DWELLING UNITS

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Editor's note— Ord. No. 2025-1, § 2 (Exh. B), adopted Jan. 13, 2025, repealed the former ch. 18.60, §§ 18.60.010—18.60.090, and enacted a new ch. 18.60 as set out herein. The former ch. 18.60 pertained to similar subject matter and derived from Ord. No. 2019-3, §§ 18.52.010—18.52.090, adopted Nov. 12, 2019.

The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

The city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

• (1) Single-family.

  • a. One ADU and one junior ADU per lot with a proposed or existing single-family dwelling if all of the following apply:

    1. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

    2. The space has exterior access from the proposed or existing single-family dwelling.

    3. The side and rear setbacks are sufficient for fire and safety.

    4. The JADU complies with the requirements of this chapter.

  • b. One detached, new construction ADU with side and rear yard setbacks of no less than four feet, with a height limitation of the underlying zoning for a lot with a proposed or existing single-family dwelling.

    1. The city shall not require a detached, new construction ADU meeting the required side and rear yard setbacks to be smaller than 800 square feet.

• (2) Multi-family.

  • a. Multiple ADUs within the portions of existing multifamily structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

    1. The city shall allow at least one ADU within an existing multifamily structure and shall allow up to 25 percent of the existing multifamily dwelling units.

  • b. No more than two detached ADUs that are located on a lot that has an existing or proposed multifamily dwelling. These detached ADUs are subject to the height limitations of the underlying zone, as applicable, and rear yard and side setbacks of no more than four feet.

    1. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct of a detached ADU.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.030. - Accessory dwelling units within existing space.

An ADU within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the chapter if complying with building and safety codes, independent exterior access from the existing residence, and sufficient side and rear setbacks for fire safety.

• (1) General plan. Construction of an ADU or JADU pursuant to this chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the accessory dwelling unit is located, and an ADU or JADU that conforms to this chapter shall be deemed to be an accessory use and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

• (2) Occupancy. The ADU or JADU may be rented for a term which does not exceed one year, but there shall be no limit on the number of times the term can be renewed.

• (3) Location.

  • a. The ADU may be within an existing space including the primary structure, attached or detached garage or other accessory structure.

  • b. The JADU shall be constructed within the walls of an existing single-family dwelling.

• (4) Zoning requirements. The minimum front setbacks of the underlying zone provisions shall apply to any ADU or JADU. No setback shall be required for an existing garage that is converted to an ADU.

• (5) Off-street parking. Parking requirements for ADUs and JADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

• (6) Replacement parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU or JADU, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.

• (7) Unit size.

  • a. An ADU converted from an existing accessory structure shall not be subject to size maximums. Provided the conversion to an ADU creates no additional space, the entirety of the existing accessory structure may be utilized.

  • b. If the primary unit is larger than 1,600 square feet in size, the converted ADU shall not exceed 50 percent of the existing living area.

  • c. If the primary unit is 1,600 square feet or less in size, the converted ADU shall not exceed 800 square feet.

  • d. A JADU shall not have a size exceeding 500 square feet.

• (8) Kitchen and bathroom, JADU. JADUs shall include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU does not require separate bathroom facilities.

• (9) Utility service. The utility service for the ADU or JADU must be serviced through the existing single-family dwelling service. ADUs and JADUs shall not be considered new residential uses for the purposes of calculating town connection fees or capacity charges for utilities, including water and sewer service.

• (10) Passageway. No passageway shall be required in conjunction with the construction of an ADU or JADU.

• (11) Fire sprinklers. ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

• (12) Noncompliant structures. An accessory dwelling unit within an existing accessory structure that does not comply with standards in section 18.60.030 or 18.60.040 may be permitted with a zoning certificate or an administrative use permit at the discretion of the town manager subject to findings in section 18.60.070.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.040. - Accessory dwelling units, new construction.

• (a) General plan. Construction of an ADU pursuant to this chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the ADU is located, and an ADU that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

• (b) Occupancy. The ADU may be rented for a term which does not exceed one year, but there shall be no limit on the number of times the term can be renewed.

• (c) Location. The ADU may be either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling a minimum of ten feet but located on the same lot as the existing dwelling, and subject to the same conditions as the main building.

• (d) Zoning requirements.

  • (1) The minimum front setbacks of the underlying zone provisions shall apply to any ADU.

  • (2) A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is an expansion of an existing structure or is a new structure.

  • (3) A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

  • (4) Lot coverage requirements do not apply for ADUs 800 square feet and under.

    • (5) Lot coverage requirements apply to ADUs larger than 800 square feet.

  • (e) Off-street parking. Parking requirements for ADU shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

  • (f) Replacement parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, replacement parking shall not be required and may be located in any configuration on the same lot as the ADU.

  • (g) Unit size. If the primary unit is larger than 1,600 square feet in size, the attached ADU shall not exceed 50 percent of the existing living area. If the primary unit is 1,600 square feet or less in size, the attached ADU shall not exceed 800 square feet. A detached ADU on the subject parcel shall have a floor space not to exceed 1,200 square feet.

  • (h) Design. The design shall use the same exterior materials, roof covering, colors and other architectural features.

• (i) Utility service. The utility service for the ADU must be serviced through the existing single-family dwelling service. ADUs shall not be considered new residential uses for the purposes of calculating town connection fees or capacity charges for utilities, including water and sewer service.

  • (j) Passageway. No passageway shall be required in conjunction with the construction of an ADU.

  • (k) Fire sprinklers. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

• (Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

CHAPTER 18.62. - REASONABLE ACCOMMODATION

It is the policy of the town pursuant to the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions.

(Ord. No. 2019-4, § 18.54.010, 11-12-2019)

Sec. 18.62.020. - Requesting reasonable accommodation.

• (a) In order to make specific housing available to an individual with a disability, any person acting on behalf of an individual with a disability may request a reasonable accommodation in the rules, policies, practices, and procedures regulating the siting, funding, development or use of housing by completing the fair housing accommodation request form and filing it with the planning department.

• (b) A request for reasonable accommodation in rules, policies, practices or procedures may be filed with no fee, at any time that the accommodation may be necessary to ensure equal access to housing, (e.g., at the outset or during the approval process).

• (c) A reasonable accommodation request may include, but is not limited to, yard area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building additions required strictly for accessibility accommodation.

• (d) If an applicant needs assistance in making the request for reasonable accommodation or any appeals associated with the request, the planning department shall provide reasonable assistance necessary to ensure that the process is accessible to the applicant.

• (Ord. No. 2019-4, § 18.54.020, 11-12-2019)

Sec. 18.62.030. - Review of requests for reasonable accommodation.

• (a) When a request for reasonable accommodation is filed with the planning department it is referred to the planning director or his/her designee for review and consideration. If necessary to reach a determination on the request for reasonable accommodation, the planning director or his/her designee may request further information from the applicant consistent with the Federal Fair Housing Amendments Act of 1988, specifying in detail what information is required.

• (b) Not more than 45 days after receiving a written request for reasonable accommodation, the planning director or his/her designee shall issue a written determination on the request. In the event that the planning director or his/her designee requests further information pursuant to subsection (a) of this section, the running of this period shall be stopped. Once the applicant provides a complete response to the request, a new 45-day period shall begin.

(Ord. No. 2019-4, § 18.54.030, 11-12-2019)

Sec. 18.62.040. - Factors for considering requests for reasonable accommodation.

The planning director or his/her designee shall consider the following criteria when determining whether a requested accommodation is reasonable:

• (1) The applicant making the request for reasonable accommodation is an individual protected under the Federal Fair Housing Amendments Act of 1988.

• (2) The accommodation is necessary to make specific dwelling units available to an individual protected under the Federal Fair Housing Amendments Act of 1988.

• (3) The requested accommodation would not impose an undue financial or administrative burden on the town.

• (4) The requested accommodation would not require a fundamental alteration in the nature of a program, policy, or procedure.

• (5) Other unforeseen factors that may have a bearing on the specific accommodation request.

(Ord. No. 2019-4, § 18.54.040, 11-12-2019)

The conditions of approval may, where appropriate, provide for any or all of the following:

• (1) Inspection of the affected premises periodically by the town building official as specified in the conditions, to verify compliance with this section and with any applicable conditions of approval;

• (2) Removal of the improvements by the applicant, where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists;

• (3) Time limits or expiration of the approval if the need for which the accommodation was granted no longer exists; and

• (4) Any grant of accommodation for an individual with a disability shall be considered as a personal accommodation for the individual applicant and does not run with the land.

• (Ord. No. 2019-4, § 18.54.050, 11-12-2019)

The planning director or his/her designee's written determination on the request for reasonable accommodation shall explain in detail the basis of the determination, including the findings on the criteria set forth in section 18.60.040 and conditions of approval set forth in section 18.60.050. The written determination shall be sent to the applicant by certified mail. All written determinations shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in section 18.60.070.

(Ord. No. 2019-4, § 18.54.060, 11-12-2019)

Sec. 18.62.070. - Appeals.

Within ten days of the date of the planning director's or his/her designee's written determination, the applicant may file an appeal of the determination. The appeal process shall be conducted pursuant to the procedures set forth in this chapter. Appeals will be heard by the town planning commission.

(Ord. No. 2019-4, § 18.54.070, 11-12-2019)

The town council finds that the adoption and implementation of this chapter is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061, (title 14 of the California Code of Regulations) because there is no potential for causing a significant effect on the environment.

(Ord. No. 2019-4, § 18.54.080, 11-12-2019)