Lancaster Municipal Code Art. I Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU)…

The purpose of this article (Sections 17.41.010—17.41.020) is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2, 65852.22, and 65852.23.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

As used in this section, terms are defined as follows:

A. "Accessory dwelling unit" or "ADU" means 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. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

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

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

C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

D. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the junior accessory dwelling unit.

E. "High-quality transit corridor" shall have the meaning as set forth in Public Resources Code Section 21155.

F. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet in size.

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in subsection D above.

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

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

I. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

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

K. "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.

L. "State-exemption ADUs" means ADUs and JADUs allowed by Government Code Section 65852.2(e), which are limited to:

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

2. A junior accessory dwelling unit as defined in this subsection that does not exceed 500 square feet.

3. A detached, new construction, ADU that does not exceed 800 square feet, height in compliance with Section 21.78.050.D.1, and 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. A JADU as described in subparagraph (2) is also allowed on the same lot.

4. Multiple ADUs within the portions of existing multi-family 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; not to exceed 25% of the existing multi-family dwelling units.

5. Not more than 2 ADUs that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 18 feet and 4-foot rear yard and side setbacks.

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

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A. Building Permit. Any ADU or JADU that complies with all of the applicable development standards of this article requires only a ministerial building permit.

B. Review Timeline. The city shall approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1. The owner of the parcel requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or

2. When an application to create an ADU or JADU is submitted with an application to create a new single-family or multi-family dwelling on the same parcel, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerial and acted upon without discretionary review or a hearing.

C. Denial Requirements. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection B above.

D. Demolition Permit. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A. ADUs and JADUs on a Single-Family Lot. ADU and JADU standards for lots in a residential or mixed-use zone with a proposed or existing single-family dwelling shall comply with the following:

1. General Requirements.

a. Maximum Number. No more than one JADU and one ADU shall be allowed per legal parcel.

b. Minimum Size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

c. JADU Requirements. JADUs shall comply with the requirements of Government Code Section 65852.22.

2. Requirements for Interior ADU (Converted Space) on a Single-Family Lot.

a. Definition. An interior ADU is either:

1. Within the space of an existing or proposed single-family dwelling; or

2. Within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.

b. Access. An interior ADU shall have exterior access that is independent of that for the single-family dwelling; and

c. Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

3. Requirements for Attached ADU on a Single-Family Lot.

a. Definition. An attached ADU is new construction that is attached to the primary structure and is not an interior ADU as defined in subsection A.2.a.

b. Maximum Size. An attached ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with 2 or more bedroom. Application of the requirements of this subsection A.3 might further limit the size of the ADU; however, no application A.3.d.1 (front-yard setbacks) or A.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.

c. Maximum Height. An attached ADU shall not exceed 25 feet in height. Notwithstanding the foregoing, ADUs shall not exceed 2 stories.

d. Minimum Setbacks.

1. Front-yard setback: 25 feet

2. Side-yard setback: 4 feet

3. Rear-yard setback: 4 feet

e. Maximum Lot Coverage.

4. Requirements for Detached ADU on a Single-Family Lot.

a. Definition. A detached ADU is new construction that is detached from the primary structure and is not an interior ADU as defined in subsection A.2.a.

b. Maximum Height. A detached ADU shall not exceed 18 feet in height, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. Minimum Setbacks.

1. Front-yard setback: 25 feet

2. Side-yard setback: 4 feet

3. Rear-yard setback: 4 feet

d. Maximum Lot Coverage.

5. Interior ADU Combined with New Construction. Where an ADU is created through a combination of conversion of an existing structure (interior ADU) and new construction (either attached ADU or detached ADU), the new construction portion of the project is subject to the development standards applicable to new construction standards for attached ADUs in subsection A.3 or detached ADU in subsection A.4, as applicable. If the interior ADU exceeds the maximum sizes indicated in subsections A.3 and A.4, no additional square footage shall be permitted.

B. ADUs on a Multi-Family Lot. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-family dwellings shall comply with the following:

1. General Requirements.

a. Maximum Number.

1. Up to 25% of the number of units in the proposed or existing multi-family dwelling (but no less than one) shall be allowed as interior ADUs created within the space of the existing or proposed multi-family structure; and

2. No more than 2 detached ADUs per lot.

b. Minimum Size. The minimum size of an ADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

2. Requirements for Interior ADU (Converted Space) on a Multi-family Lot.

a. Definition. An interior ADU is created from space located within portions of existing or proposed multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; and

b. Standards. An interior ADU shall comply with state building standards for dwellings.

3. Requirements for Detached ADU on a Multi-family Lot.

a. Definition. A detached ADU is new construction that is detached from the primary structure and is not an interior ADU as defined in subsection B.2.a.

b. Maximum Size. A detached ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with 2 or more bedrooms. Application of the requirements of this subsection B.3 might further limit the size of the ADU; however, no application of the requirements in subsection B.3.d.1 (front-yard setbacks) or B.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.

c. Maximum Height. Eighteen feet, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary structure.

d. Minimum Setbacks.

1. Front-yard setback: 25 feet

2. Side-yard setback: 4 feet

3. Rear-yard setback: 4 feet

e. Maximum Lot Coverage.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023; Ord. No. 1130, § 4(Exh. A), 5-27-2025)

The following requirements apply to all ADUs and JADUs.

A. Fire Sprinklers.

1. Fire sprinklers are required in an ADU (attached, detached or conversions) and JADU if sprinklers are required in the primary residence.

2. The construction of an ADU (attached, detached or conversions) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

B. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

C. No Separate Conveyance. An ADU or JADU may be rented. However, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

D. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

E. Owner Occupancy. Except as specified in subsections 1 and 2, below, at least one person with legal or equitable title to the property on which an ADU or JADU is located must reside on that property as that person's legal domicile and permanent residence. The owner may reside in an ADU, JADU, or primary dwelling on the property.

1. Any ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the owner-occupancy requirements apply.

2. The property on which a JADU is located is entirely owned by another governmental agency, land trust, or housing organization is not subject to any owner-occupancy requirement.

F. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the adu or jadu has been eliminated. appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

G. Building and Safety.

1. Building Code Compliance. Subject to subsection 2, below, all ADUs and JADUs shall comply with all local building code requirements.

2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer 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. Nothing in this subsection (subsection 17.41.018.G) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

H. Parking.

1. Generally. One off-street parking space is required for each ADU in addition to parking spaces required for the primary residence(s) and subject to the following:

a. Parking must be located on the same parcel as the unit, on a paved surface, without encroachment beyond the parcel boundaries, and accessible by a paved pathway.

b. Parking may be provided as tandem parking, including on a paved driveway provided:

1. No parking shall be permitted in the front setback unless the driveway has a minimum depth of 20 feet.

2. Unless otherwise determined by the director to be infeasible for specific site or regional topographical or fire and life safety conditions.

2. Exceptions.

a. Parking for the ADU or JADU. Parking required pursuant to subsection H.1, above, is not required if:

1. The ADU is an interior ADU that is converted from proposed or existing space of a primary dwelling/structure or existing accessory structure; or

2. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.41.012.

3. The ADU is an ADU or JADU that meets the definition of state-exemption ADU in Section 17.41.012.

b. Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU on the same parcel to be converted to an ADU, those off-street parking spaces are not required to be replaced. This provision does not apply where a JADU is established by conversion of any attached garage; in which case, the loss of parking spaces serving the single-family residence shall be replaced in kind.

3. Parking Design.

a. Dimensions. The parking for the ADU or JADU shall be provided by a 10-foot by 20-foot space located either inside a garage or carport, or on a driveway.

b. Turn Arounds. Parking spaces for ADUs and JADUs shall not block circular drives or hammerhead turn-arounds that serve the primary dwelling unit to provide means by which vehicles can enter a street head-first.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs constructed before 2018.

1. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

a. The ADU violates applicable building standards, or

b. The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.41, Article I (Sections 17.41.010—17.41.020)).

2. Exceptions:

a. Notwithstanding subsection B.1.a, above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

b. Subsection B.1.a, above, does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)