Chapter 18.53 — ACCESSORY DWELLING UNITS

The purpose of this chapter is to comply with Government Code Sections 65852.2 , 65852.22 and 65852.26 as amended from time to time by the State, which provides for cities to set standards for the development of accessory dwelling units (ADU) and Junior ADUs (JADU) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the General Plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single-family homes or multifamily use. This chapter is intended to implement the City's Housing Element of the General Plan, and is adopted to comply with State law (Government Code Section 65852.2 ), by allowing accessory dwelling units through ministerial review in all districts zoned to allow single-family homes or multifamily use, subject to meeting the standards prescribed below.

(Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

• A. The provisions of this chapter apply to all zones that permit single-family homes or multifamily use and are occupied with one single-family dwelling unit, a multifamily use, or vacant with approved plans for the construction of a single-family dwelling unit.

• B. Accessory dwelling units do not affect the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan

and zoning designation for the lot.

• C. R-2 and R-3 Zones. Property owners living in R-2 and R-3 zones with an existing single-family structure or multifamily use on site may elect to build an accessory dwelling unit. In addition, if an R-2 or R-3 lot is vacant and the property owner proposed to construct a single-family dwelling on the lot, an accessory dwelling unit may also be constructed. However, if an R-2 or R-3 lot has a single-family structure with an accessory dwelling unit or approved plans issued by the Planning Department to construct a single-family structure with an accessory dwelling unit, and if the property owner applies to build any additional units, each unit, including the singlefamily structure and the accessory dwelling unit, will be subject to all zoning requirements and development standards for R-2 and/or R-3 zones.

• D. This chapter imposes standards on ADUs and JADUs that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.

• E. The ADU is either attached to, located within the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. The JADU must be fully contained within a single-family home or attached garage with no more than 150 square feet of new construction, if necessary, to provide an exterior ingress/egress. No JADUs are permitted in multifamily units.

• (Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

"Accessory dwelling unit (ADU)" is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence or multifamily unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

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

"Complete application" means a set of plans, application and support materials submitted to the local agency, where after review of the materials, the agency determines there is sufficient information to proceed with the analysis and processing of the application.

"Existing structure," for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means, within the 4 walls and roofline of any structure that can be made safely habitable under local building codes at the determination of the Building Official.

"High quality transit corridor" means a corridor with fixed route bus service intervals no longer than 15 minutes during peak commute hours.

"Junior ADU" means a unit which is no more than 500 square feet, typically developed from a bedroom(s) in a single-family home with an exterior entrance, including cooking facilities with appliances, food prep counter and storage cabinets that are of reasonable size in relation to size of the JADU, and may share bathroom facilities with no additional parking required. A JADU may also be constructed in an attached garage.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

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

"Local agency" means a city, county, or city and county, whether general law or chartered.

"Major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.

"Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

"Passageway" is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Permitting agency" means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

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

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

"Regional Housing Needs Allocation (RHNA)" A local agency may identify an ADU and/or JADU as an adequate site to satisfy or partially satisfy its RHNA requirements.

"Tandem parking" means that 2 or more vehicles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2022-506 §1; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

Application. Requests for an accessory dwelling unit shall be submitted on an application form provided by the Planning Department and shall contain the following information:

• A. Plot Plan (Drawn to Scale). Provide dimensions of the perimeter of parcel on which the accessory dwelling unit will be located. Indicate the location and dimensioned setbacks of all existing and proposed structures on the project site and structures located within 50 feet of the project site. All easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans shall be included.

• B. Floor Plans. Each room shall be dimensioned and the resulting floor area calculation included. The use of each room shall be identified. The size and location of all windows and doors shall be clearly depicted.

• C. Elevation Views. Provide north, south, east and west elevations which show all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed accessory dwelling unit.

• D. Cross-Section. Provide building cross-sections, including, but not limited to: structural wall elements, roof, foundation, fireplace and any other sections necessary to illustrate earth-to-

wood clearances and floor to ceiling heights.

• E. Fees. The fee for review shall be as set forth in the currently adopted fee resolution and shall not exceed the fixed processing fee established by the City Council for a new single-family dwelling.

• F. Copies. One original and two copies of the application package shall be submitted for each ADU request.

• (Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2022-506 §2; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

• A. Accessory Dwelling Units within Existing Space. An ADU within an existing structure (e.g., the primary dwelling unit, attached or detached garage or other accessory structure) shall be permitted ministerially with a zoning clearance and building permit if it:

  1. Complies with building and safety codes;

  2. Provides independent exterior access from the existing residence;

  3. Provides sufficient side and rear setbacks for fire safety.

• B. Accessory Dwelling Units (Attached and Detached). The following development standards shall be complied with in the creation or conversion to an ADU. If the application limits the ADU to no more than 850 square feet with no less than four feet for side and rear yard setbacks and fivefoot separation from primary structure, then the application is approvable. For any inconsistencies with any of the following standards, the owner may apply for an administrative use permit for relief (Chapter 18.72 , Article IV).

  1. General.

     • a. Sale of Unit. The ADU may not be sold separate from the primary dwelling unit unless specific requirements are met through Government Code Section 65852.26 . Once a detached ADU is constructed, an owner may sell the unit independently, akin to condominiums. A homeowner's association (HOA) must be established prior to sale to manage the maintenance costs of shared spaces and the property's exterior. A JADU may not be sold separately. All conditions of the permit, restrictive covenants, and other contractual agreements with the City apply to the property.

     • b. Rental of Unit. Rental of the accessory dwelling unit is allowed for 30 days or longer, and separate from rental of the primary residence. For an accessory dwelling unit to be rented for a period of less than 30 days, the owner shall be required to comply with the provisions of Chapter 18.55 (Short-Term Rentals).

  2. Covenant Agreement. A covenant agreement is required prior to issuance of a building permit. The covenant agreement shall state that:

     • a. The ADU may be conveyed separately from the primary dwelling provided the property is constructed and owned by a qualified 501(c)(3) nonprofit corporation per Government Code Section 65852.26 .

       • i. The existing primary or detached structure is restricted to the approved size and shall not include an expansion of a single-family dwelling or accessory structure by more than 150 square feet, unless for the purpose of ingress and egress.

       • ii. The use of the accessory dwelling unit shall be in effect only so long as the property is in compliance with the provisions of this chapter. The owner is required

to reside on the property if the primary home contains a JADU, but is not required to reside on the property with an attached or detached ADU, per State regulations. As of January 1, 2025, the "owner-occupied" provision for attached and detached ADUs is no longer required. Notwithstanding the foregoing, an application for an unpermitted ADU if constructed before January 1, 2020, shall not be denied unless the building is deemed substandard.

contains a JADU, but is not required to reside on the property with an attached or detached ADU, per State regulations. As of January 1, 2025, the "owner-occupied" provision for attached and detached ADUs is no longer required. Notwithstanding the foregoing, an application for an unpermitted ADU if constructed before January 1, 2020, shall not be denied unless the building is deemed substandard.

  - iii. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for zoning enforcement. 

  - iv. The covenant agreement shall terminate upon removal or conversion of the accessory dwelling unit to another permitted use. 

  - v. The covenant agreement shall be recorded by the County Recorder for the County of Santa Barbara at the expense of the property owner with the original recorded document delivered to the City prior to issuance of the building permit. 

• C. Zoning District. Accessory dwelling units are only allowed on lots that allow single-family homes and multifamily uses where an existing legal single-family dwelling or multifamily use exists or is proposed.

  1. Number of Accessory Dwelling Units. Up to one attached ADU, one detached ADU, and one JADU shall be allowed for each single-family dwelling lot provided they can meet the requirements of this chapter and other applicable sections of the zoning ordinance. On undeveloped property zoned for multifamily units, up to two detached ADUs are permitted upon construction of multifamily units, with a minimum four-foot side and rear yard setback. Additional interior ADUs are permitted, up to 25% of the total number of multifamily units. Up to eight detached ADUs may be constructed on an existing legal lot or as many units as there are existing multifamily units onsite, whichever is less. No JADUs are permitted in multifamily units.

  2. Unit Types. The ADU may be within the living area of the existing dwelling, attached to the existing dwelling, and not necessarily utilizing an existing bedroom. Junior ADUs shall be required to be constructed within the walls of a new or existing single-family dwelling and not necessarily utilizing an existing bedroom. Junior ADUs are not permitted in multifamily units or in detached structures. Garage conversions when attached to the single-family unit may be considered as habitable space for a JADU.

  3. ADUs in Multifamily Buildings. Multiple accessory dwelling units may be permitted within the portions of new or existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. Up to eight detached ADUs may be constructed on an existing legal lot or as many units as there are existing units or site, whichever is less. If the legal lot is vacant, then only two detached ADUs are permitted at the time the multifamily units are constructed.

  4. Building Codes. Local building code requirements apply to attached and detached ADUs and attached JADUs, as appropriate.

5. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

   6. Fire Sprinklers. Fire sprinklers are not required unless the existing residence is equipped with fire sprinklers, or unless the Fire Marshal determines that due to special circumstances sprinklers are necessary for life and safety. Fire sprinklers may be considered as mitigation for sub-standard Fire Department access or water supply.

   7. Utility Meters. An accessory dwelling unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and

sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling or multifamily use. When constructed at the same time as the primary single-family residence, the new attached and detached accessory dwelling unit's connection fee and/or capacity charge must be proportionate to the burden of the unit on the water or sewer system based on the size or the number of plumbing fixtures.

8. Growth Mitigation Fees. A development or impact fee shall not be imposed upon the development of an ADU less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

9. Access. Two-story detached accessory dwelling units shall limit the major access to stairs, decks, entry doors, and windows to the interior of the lot or an alley, and comply with all development standards. Only one curb cut shall be permitted per parcel and no additional driveways or access points shall be created to accommodate the accessory or main dwelling unit.

10. Openings. If located outside the standard side and rear yard setbacks for the district, windows which face an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening.

11. Private Open Space. The main dwelling unit and the additional dwelling unit shall each be provided with a minimum of 15 feet by 15 feet of usable private open yard area. However, this provision shall not be applied to prohibit development of an ADU up to 800 square feet.

12. JADU Access. If a JADU shares a restroom within the single-family home, the resident shall be entitled to bathroom access from the main house as well as secondary access exclusively for the JADU.

13. Home Occupations. Home occupations are permitted within an accessory dwelling unit or primary dwelling unit, or both.

14. Solar Panels. Newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the California Energy Code requirement to provide solar systems.

15. Garage/Barn Conversions. An ADU constructed within an existing garage or barn are not limited in size. No additions to the existing structure are permitted if the revised size would exceed the limits in this chapter.

• D. Building Site.

  1. Lot Size. There are no lot size requirements.

  2. Unit Size.

     • a. Floor Area. The floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling unit's living area.

     • b. Notwithstanding subsection D.2.a no ADU shall be larger than 1,200 square feet.

     • c. Minimum Size. The minimum total square footage of the accessory dwelling unit shall be 110 square feet.

  3. Site Planning. Accessory dwelling units should be located behind or above the existing dwelling on the site, whenever possible. Designs that significantly alter the street appearance of the existing residence shall be discouraged.

• E. Height. A detached accessory dwelling unit shall not exceed a height of 16 feet, unless the property is within one-half mile walking distance from a major transit stop or high-quality transit corridor whereby the height may increase to 18 feet. In such a case, the City shall also allow an additional two feet in height (to 20 feet) to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. An attached accessory dwelling unit may occupy any level of the primary dwelling unit if it is designed as an integral part of the primary dwelling unit and a separate ingress and egress is provided. A height of 25 feet or the height limitation in the local zoning ordinance shall apply to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. Notwithstanding the foregoing, a height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall be allowed. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories.

• F. Setbacks.

1. Setbacks. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

   • a. Detached ADU. The side yard and rear yard setbacks for construction of detached single-story structures containing an accessory dwelling unit shall not be less than four feet, and may encroach into the front yard setback in order to develop up to an 800 square foot detached ADU.

   • b. Attached ADU. Attached accessory dwelling units that increase the square footage of the existing single-family dwelling shall meet the same setbacks as the primary dwelling unit in the zoning district.

   2. Space Between Buildings. The space required between buildings shall be what is required in the underlying zoning district, but no less than five feet from the existing or proposed primary dwelling.

• G. Parking.

  1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

  2. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

  3. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking spaces shall not be replaced. A detached ADU may include a detached garage provided all setbacks are maintained.

  4. Parking requirements for an accessory dwelling unit are in addition to the required parking for the primary dwelling unit except for subsection G.3. Covered parking is not required.

  5. ADU parking is not required in the following instances:

     • a. The accessory dwelling unit is located within a one-half-mile walking distance of public transit.

     • b. The accessory dwelling unit is located within any Historic Overlay District that may be in existence at the time a zoning clearance or building permit for an ADU is requested.

     • c. The accessory dwelling unit is part of the existing single-family residence, or an existing accessory structure (except as provided in subsection G.3).

     • d. There is a car share vehicle located within one block of the accessory dwelling unit.

  6. Covered Parking Design. Any newly constructed optional covered parking shall conform to architectural and aesthetic standards of the underlying zone.

• H. Architectural and Aesthetic Standards and Compatibility. The accessory dwelling unit's scale, appearance, and character shall be similar to and compatible in design with the primary dwelling unit (e.g., compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch). Additionally, it shall be visually subordinate to the primary single-family dwelling or multifamily use on the parcel. The exterior entry to the ADU shall clearly appear as a secondary entry when compared to the entry for the primary single-family dwelling or multifamily use.

• I. Outside Stairways. Any stairways leading to a second story ADU shall not be in the front of the primary single-family dwelling, or in an exterior side yard if visible from the public right-of-way. Access to a first story unit or ADA accessible ramp may be permitted in the front of the primary dwelling.

• (Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2022-506 §3; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

• A. Accessory dwelling units (ADUs) and JADUs shall be permitted ministerially through the zoning clearance and building permit process. The City shall act on the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily unit on the lot. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the ADU or JADU until the permitting agency acts on the permit application to create the new single-family dwelling or multifamily unit, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay, in compliance with this chapter within 60 days of the filing of a complete application. The applicant shall be informed within 30 days after submission of an application if the application is complete. The Planning Director or designee shall issue zoning clearance to establish an ADU and/or JADU in compliance with this chapter if all applicable requirements in this chapter are met, as appropriate. An application for building permit may be submitted at any time during the processing of the ADU application, but under no circumstances shall it be issued prior to zoning clearance approval. The local agency may charge ADU applicants an additional fee to cover administrative costs of updating Chapter 18.53 from time to time. This fee shall be set by a City Council resolution.

• B. Planning Director. Requests for an ADU or JADU shall be reviewed by the Planning Director or designee.

• C. If a permitting agency denies an application for an ADU or JADU, the permitting agency shall, within the time period described in Section 18.53.060 , return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can be remedied by the applicant.

• D. Other Review Authority. Requests for an ADU or JADU submitted for concurrent review with a discretionary land use application shall continue to be reviewed by the Director or designee and approved subsequent to the discretionary action.

• E. Certificate of Occupancy. The City shall not issue a certificate of occupancy for an accessory dwelling unit before the City issues a certificate of occupancy for the primary dwelling.

• F. No CC&Rs effecting a single-family lot shall prohibit or unreasonably restrict the construction or use of an ADU or JADU.

• G. Pre-Approved Plans. Per Section 65852.27 of the California Government Code, the City has on file a pre-approved one-bedroom, one-bathroom, xxx square foot detached ADU which can be utilized by any homeowner for approval on a legal lot, when found consistent with this chapter. Applications, plans and fees are required, but plan checking is waived except for the connection of utilities to the new structure. A zoning clearance and building permit is required. Application review and approval or denial shall be determined within 30 days.

(Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2022-506 §4; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

Zoning Clearance Findings. The ADU shall be consistent with all applicable provisions of this chapter. Further, the ADU shall be consistent with applicable provisions of the Guadalupe Municipal Code and applicable sections of the General Plan.

(Ord. 2018-473 §2; Ord. 2019-480 §1; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU. State law requires, upon application and approval, a local agency to delay enforcement against a qualifying nonconforming ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the Building Official. A list of typical health and safety violations shall be provided to the public. The State also prohibits the denial of an existing ADU constructed prior to January 1, 2020, unless the building is deemed substandard. Upon submittal of an application for an unpermitted ADU, if deemed substandard through inspection, the Building Inspector shall provide a written report of the items within the ADU that are substandard.

(Ord. 2018-473 §2; Ord. 2018-475 §1; Ord. 2019-480 §1; Ord. 2022-506 §5; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

An accessory dwelling unit that does not comply with standards or requirements in Section 18.53.050 may be permitted with an administrative use permit as provided in Chapter 18.72 , Article IV (Administrative Use Permits).

(Ord. 2018-475 §1; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)

Appeals of any Planning Director or designee final decisions under this chapter to the City Council shall be permitted and shall conform to the requirements of Chapter 18.80 for such appeals. (Ord. 2018-475 §1; Ord. 2023-513, 1/9/2024; Ord. 2024-521, 11/26/2024)