18.14.060 Second Dwelling Units

A. Purpose. The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”), as required by and in compliance with Government Code Sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Sections 65852.2 and 65852.22. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

ADUs and JADUs shall not be subject to any deed restrictions, nor may any HOA or third-party entity influence approval of an ADU or JADU permit application (Gov. Code § 66315, § 66317(c)).

B. Applicability. The provisions of this section shall apply to all accessory dwelling units approved on or after the effective date of the ordinance codified in this section. This section provides standards by which the city shall evaluate building permit applications for permitted accessory dwelling units in the UR, RA, R, RM, MXU, and PO zoning districts. Accessory dwelling units shall be permitted ministerially in any zone that permits residential uses, including mixed use zones, regardless of density (Gov. Code § 65852.2(a)).

All applications for ADUs/JADUs shall be approved ministerially within 60 days of a completed application submission (Gov. Code § 66317(a), § 66335(2)).

C. Definitions. As used in this article, the following terms are defined in this section:

"Principal dwelling unit" means a single- or multi-family dwelling unit situated on a residential lot in the UR, RA, R, RM, MXU, and PO zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added.

"Accessory dwelling unit" means an additional dwelling unit up to 1200 sq ft for detached ADUs and up to 50% of the primary dwelling for attached ADUs, in compliance with State law, with separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a primary dwelling on a residential lot in the UR, RA, R, RM, MXU, and PO zones.

“Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance, may share sanitation facilities with the primary residence, and includes an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit.

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

D. Lot Requirements. An accessory dwelling unit shall be permitted on a lot or parcel that meets the following:

1. Contains an existing or proposed single-family or multi-family dwelling.

2. Minimum lot size shall not restrict ADU creation (Gov. Code § 65852.2(a)(1)).

3. ADUs may be permitted on lots served by septic systems, consistent with applicable health standards. Lots may contain both an ADU and a JADU as permitted by State law..

E. Development Standards. All accessory dwelling units may be established by the conversion of an attic, basement, garage, or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or maybe new construction Manufactured homes may be used as ADUs and shall not be subject to standards that exceed those required for any other ADU under State law.

All applications for accessory dwelling units, must comply with the following standards:

1. Parcel Size –Minimum lot size shall not prevent ADU creation.

2. Floor Area. Detached ADUs shall not exceed one thousand two hundred (1,200) square feet; attached ADUs ≤50% of primary dwelling or 1,200 sq ft, whichever is greater; manufactured home ≥800 sq ft; ADUs/JADUs ≥220 sq ft; JADUs ≤500 sq ft.

3. Quantity. Single-family: one attached or detached ADU and one JADUper lot. Multi-family: up to two detached ADUs plus at least one conversion ADU within existing non-livable space, and up to 25% of existing units may be converted. (Gov. Code § 66323).

4. Setbacks – A setback of four (4) feet from the side and rear lot lines is required for an ADU, unless the ADU is constructed within an existing primary structure.

5. ADUs and JADUs shall not exceed a single story and eighteen feet (18') in height, with an additional 2 feet for pitched roofs. Up to 25 feet must be allowed when attached to or replacing a portion of an existing dwelling with equal or greater height (Gov. Code § 66323(a)(2))

6. No architectural review or subjective design standards shall be applied to ADUs or JADUs. Only objective standards permitted by State law may be imposed.

7. Safety – Accessory dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places.

8. Access – Entrance location shall not be restricted.

9. Parking. Up to one off street parking space may be required unless exempt under Gov. Code § 65852.2(a)(1)(D). No on street parking availability test shall be applied. No parking may be required for JADUs, including garage conversions (Gov. Code § 65852.2(a)(1)(D)(xi)).

Parking exemptions include:

a. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

b. The accessory dwelling unit is located within an architecturally and historically significant historic district.

c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. No parking may be required for JADUs, including garage conversions (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).

10. Utility Services. Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official. A separate connection from the main dwelling is not required.

11. Process. The City shall ministerially approve compliant ADU/JADU applications without discretionary review or appeal.

12. A permit must be obtained for the construction or installation of an ADU or JADU as a Ministerial review only; no discretionary review or hearings permitted.

13. Deed Restrictions - ADU/JADU development is exempt from deed restrictions and may not be blocked by HOA rules; owner-occupancy is not required (Gov. Code § 66315).

14. Impact Fees - ADUs ≤750 sq ft exempt from impact fees; larger ADUs may be charged proportionally (Gov. Code § 66324(c)).

15. Pre-2020 ADUs/JADUs - Legalization must follow Gov. Code § 66332.

16. State Law - State law supersedes any conflicting provisions; noncompliant ordinance provisions are null and void (Gov. Code § 66316).

17. Conveyance - Separate conveyance as condominium allowed (Gov. Code §§ 66340–42, 66341).

(Ord. 514 § 13, 2004: Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 578 on 8/27/2019 Amended by Ord. 703 on 1/13/2026 18.14.110 Purpose

1. The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of the City of Lindsay. Specifically, these regulations are intended to implement the General Plan and to:

   1. Provide minimum standards to safeguard life, health, property, public welfare, and traffic safety by controlling the design, quality of materials, construction, illumination, size, location, and maintenance of signs and sign structures;

   2. Preserve and enhance the visual attractiveness of the city;

   3. Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent buildings and businesses;

   4. Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, create hazards or unreasonable distractions for pedestrians and drivers, or interfere with vehicular ingress and egress;

   5. Provide adequate opportunity for the exercise of the free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests;

   6. Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises, rather than functioning as general advertising for hire.

2. It is the City’s policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

(Ord 579, 2019)