Chapter 17.04 — MULTIPLE-FAMILY RESIDENTIAL (RM) DISTRICTS

The purpose of the Multiple-Family Residential Districts (RM) is to provide for residential structures on lots containing one or more dwelling units at various densities which are consistent with the general plan of the city, and to provide for other uses that are associated and compatible with the residential uses.

(Code 1981, § 17.04.010; Ord. No. 320, § 7(part), 1997; Ord. No. 78(part), 1975)

Only the following uses and developments may be conducted or constructed:

A.

Single-family and multiple-family residential and associated accessory structures, including accessory dwelling units and junior accessory dwelling units allowed pursuant to chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards), for the residential use and occupancy of not more than one family per dwelling unit and related recreational and community facilities for the use of the residents of the development. All new multiple-family developments may be permitted only with the approval of a residential planned development permit pursuant to chapter 17.74 (Residential Planned Development Permit);

B.

Private outdoor recreational facilities, such as tennis courts, swimming pools and basketball courts, which are incidental to the residential use of the property;

C.

Large family day care, if a large family day care permit is first obtained, pursuant to section 17.76.070 (Large family day care home permit);

D.

Home occupations pursuant to chapter 17.08 (Home Occupations);

E.

The keeping of animals customarily referred to as household pets and small domestic animals for noncommercial purposes;

F.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

G.

Commercial filming or photography, if a city film permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code; and

H.

Garage sales, provided that no more than four sales, each occurring on one calendar day, are held on the same property within a calendar year and that the merchandise for sale, with the exception of neighbors combining items for sale at one property, is the personal property of the resident of the property where the sale is being conducted and is not acquired or consigned for the purpose of resale.

I.

Other uses as provided in any applicable overlay or special districts.

(Code 1981, § 17.04.020; Ord. No. 78(part), 1975; Ord. No. 175, §§ 9, 10, 1983; Ord. No. 194, § 6, 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 535, § 4, 4-17-2012; Ord. No. 628, § 8, 10-15-2019; Ord. No. 640, § 7, 1- 19-2021)

Only the following uses and developments may be conducted or constructed with approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits):

A.

Condominium, stock cooperative and similar developments where the structure and/or lot is divided for sale, or where exclusive use of a unit is granted to an individual upon purchase of stock;

B.

Minor commercial uses, provided that such commercial uses are clearly incidental and auxiliary to the development, and are designed for the sole use of the residents of the development;

C.

Mobilehome parks, with the following provisions;

1.

Mobilehome parks shall be a minimum area of ten acres;

2.

The lot area per mobilehome or mobilehome space shall not be less than 4,000 square feet;

3.

Mobilehomes shall conform to setback and open space area standards for the district in which they are located;

There shall be a distance of not less than 15 feet between mobilehomes;

5.

Mobilehome parks shall provide a minimum of two, non-tandem parking spaces per mobilehome site;

6.

One storage space shall be provided for recreational vehicles per every five mobilehome sites. Such storage space shall not be tandem to the parking spaces required in section 17.04.030(C)(5) of this chapter;

D.

Residential care facilities involving seven or more patients;

E.

The growing of crops and/or fruits on more than one acre or for commercial purposes;

F.

Bed and breakfast inns;

G.

Commercial antennas and satellite antennas, pursuant to section 17.76.020 (Antennas);

H.

Golf courses, driving ranges and related ancillary uses;

I.

Government facilities;

J.

Public utility structures;

K.

Outdoor active recreational uses and facilities;

L.

Supportive housing and transitional housing; and

M.

Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Appeal to planning commission). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed

to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program.

(Code 1981, § 17.04.030; Ord. No. 78(part) 1975; Ord. No. 115, § 7 (1), 1979; Ord. No. 320, § 7(part), 1997; Ord. No. 518, § 10, 4-5-2011)

The following development standards, including the standards contained in table 04-A: Residential Development Standards, shall apply to all land and structures in the RM districts. For exceptions and explanatory description of these standards; for standards of fences, walls and signs; and for off-site improvement and dedication requirements, see articles VI (Use and Development Standards) and VIII (Development Application and Review) of this title. The number which follows an "RM" designation indicates the maximum number of units which may be allowed per acre in that district.

A.

The following minimum distances between exterior walls on buildings used for residential occupancy on the same lot in an RM district shall apply:

1.

Where there are wall openings (windows and/or doors) on adjacent walls of two buildings or wings of the same building which result in opposite walls into a space, such buildings or wings of a building shall be separated by a distance of not less than 30 feet;

2.

Where there are no wall openings or wall openings only on one adjacent wall of a building or wing, such buildings or wings of a building shall be separated by a distance of not less than ten feet;

3.

Where adjacent buildings or wings exceed 30 feet in height, the space between such buildings or wings shall be increased by 2½ feet for each ten feet in height;

4.

Eaves and other projections from the exterior wall shall not exceed one-third of the height of the exterior wall; however, in no case may two eaves or other projections be closer than ten feet.

B.

State development standards for persons with disabilities shall apply to all multiple-family residential uses in RM districts.

C.

For additional development standards for all multiple-family residential structures, see chapter 17.06 (Attached Unit Development Standards).

D.

Private open space. As part of the open space area required, all of the units shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of 150 square feet, except that one bedroom unit shall have a minimum of 130 square feet of private open space. Such space shall have a configuration that would allow a horizontal rectangle of 100 square feet in area, and no side shall be less than seven feet in length. Such space shall have at least one electrical outlet. Such space may count for up to 30 percent of the required open space area.

E.

Private storage space. Each unit shall have at least 400 cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit resident, in addition to customary storage space within the unit.

F.

Condominiums, stock cooperatives and similar developments. In addition to the other standards of this chapter, the following standards shall apply:

1.

With the exception of accessory dwelling units approved pursuant to chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards), there shall be no more than one unit in any vertical configuration, unless the planning commission and/or city council finds that such a configuration is consistent with the city's adopted housing element of the general plan.

2.

A condominium, stock cooperative or similar development conversion proposal, which does not comply with all of the precise development standards in this chapter, may be approved where the planning commission and/or city council finds that there are unusual circumstances regarding the development's location, site or configuration; that the project is in substantial compliance with the development standards; and that there are mitigating features incorporated in the project, which tend to further the expressed intent and purposes of this chapter. Recognizing that the conversion of existing multiple-residential structures to condominium, stock cooperative or similar development usage presents unique problems with respect to the requirements of this section, the planning commission and/or city council is empowered to vary any and all requirements contained in this chapter, with regard to a particular conversion proposal, upon a finding that the creation of the proposed condominium, stock cooperative or similar development will not have the potential to contravene the intent and purposes of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following: parking, sound transmission characteristics, private open space and storage spaces. The planning commission and/or city council is also empowered to impose conditions on its approval of the conditional use permit, which would require that specified modifications, designed to bring a structure more nearly into compliance with the condominium, stock cooperative and similar development standards contained in this section, be made to the structure proposed for conversion.

Table 04-A. Multiple-Family Residential Development Standards

For exceptions and explanatory descriptions of these standards; for standards of fences, walls, hedges and signs; and for off-site improvement and dedication requirements, see articles VI and VII of this title.

The number which follows an RM designation indicates the maximum number of units which may be allowed per acre in that district.

1 For description, clarification and exceptions, see chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height).

2 For parking area development standards, see chapter 17.50 (Nonresidential Parking and Loading Standards). Any under-building parking structures must be completely enclosed or have openings screened from the public rightof-way and other affected views. In all RM districts, 25 percent of the required parking shall be provided as guest parking in addition to the standard parking requirements.

(Code 1981, § 17.04.040; Ord. No. 78(part), 1975; Ord. No. 115, § 7 (2), 1979; Ord. No. 320, § 7(part), 1997; Ord. No. 628, §§ 7, 8, 10-15-2019; Ord. No. 640, § 10, 1-19-2021)

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A.

No person shall operate a short-term rental in a multifamily residential zoning district.

B.

No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of a short-term rental prohibited in any of the city's multifamily residential zoning districts.

(Code 1981, § 17.04.050; Ord. No. 592U, § 5, 12-20-2016; Ord. No. 593, § 5, 1-17-2017)

CHAPTER 17.06. - ATTACHED UNIT DEVELOPMENT STANDARDS

This chapter provides supplemental development standards which shall apply to all residential structures which are constructed with common walls and/or floor/ceiling assemblies (attached single-family, multiplefamily, condominiums, stock cooperatives, community apartment houses, etc.).

(Code 1981, § 17.06.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Attenuation of noise and vibration.

1.

No plumbing fixture or other such permanent device which generates noise or vibration shall be attached to a common wall adjacent to a living room, family room, dining room, den or bedroom of an adjoining unit. All plumbing fixtures or similar devices shall be located on exterior walls, on interior walls within the unit or on common walls, if adjacent to a similar fixture or device.

2.

All water supply lines within common walls and/or floors/ceilings shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the city's building official. In multistory residential structures, all vertical drainage pipes shall be surrounded by three-quarter-inch thick dense insulation board or full thick fiberglass or wool blanket insulation for their entire length, excluding the sections that pass through wood or metal framing. The building official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.

3.

All common wall assemblies which separate attached single-family units shall be of a cavity-type construction.

4.

All common wall assemblies which separate all other attached dwelling units (multiple-family condominiums, stock cooperatives, community apartment houses) or a dwelling unit and a public or quasi-public space shall be of a staggered-stud construction.

5.

All common wall assemblies which separate dwelling units from each other or from public or quasi-public spaces (interior corridors, laundry rooms, recreation rooms and garages) shall be constructed with a minimum rating of 55 STC (sound transmission class).

6.

All common floor/ceiling assemblies which separate dwelling units from each other or from public or quasipublic spaces (interior corridors, laundry rooms, recreation rooms and garages) shall be constructed with a minimum rating of 50 STC (sound transmission class) and a minimum rating of 55 IIC (impact insulation class). Floor coverings may be included in the assembly to obtain the required ratings but must be retained as a permanent part of the assembly and may only be replaced by another insulation.

7.

STC and IIC ratings shall be based on the result of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM number 90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. In documenting wall and floor/ceiling compliance with the required sound ratings, the

applicant shall either furnish the city's building official with data based upon tests performed by a recognized and approved testing laboratory or furnish the building official with verified manufacturer's data on the ratings of the various wall and floor/ceiling assemblies utilized.

B.

Utility easements over private streets and other areas. If private streets are involved, a provision shall be made for public utility easements over the entire private street network. The director and/or planning commission may also require public utility easements adjacent to public streets or over other areas to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The director and/or planning commission may also require access routes necessary to ensure that firefighting equipment can reach and operate efficiently in all areas.

(Code 1981, § 17.06.020; Ord. No. 78(part), 1975; Ord. No. 149, §§ 6, 7, 1982; Ord. No. 320, § 7(part), 1997; Ord. No. 463, § 8, 2007)

CHAPTER 17.08. - HOME OCCUPATIONS

This chapter provides that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

(Code 1981, § 17.08.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

It is unlawful for any person, firm or corporation to establish, cause, permit or maintain any type of business, profession or other commercial occupation in any residential zoning district without first securing a home occupation permit from the director. Application for a home occupation permit shall be made on forms provided by the city and shall include a filing fee in an amount established by resolution by the city council.

(Code 1981, § 17.08.020; Ord. No. 320, § 7(part), 1997)

Home occupations shall be permitted only if they comply with the following standards, and such other conditions which are imposed by the director:

A.

All structures must comply with general appearance, setbacks and landscaping standards and regulations applicable to all zoning districts of the area in which they are located.

B.

No displays, signs and/or advertisements associated with the home occupation shall be permitted.

C.

The permitted activity shall not be injurious to the use of neighboring property by reason of noise, vibration, odor, fumes, smoke, dust or similar adverse impacts on adjacent properties.

D.

There shall be no radio or television interference created by the home occupation.

E.

A home occupation shall not create vehicular or pedestrian traffic which changes the residential character of the neighborhood and dwelling unit where the business is being conducted, or create a greater demand for parking than can be accommodated on site or on the street frontage abutting the property where the home occupation is being conducted.

F.

There shall be no deliveries to and from the residence of bulk materials which are used in conjunction with the home occupation and no deliveries of materials, goods or retail merchandise associated with a home occupation, if such deliveries change the residential character of the neighborhood and dwelling unit where the business is being conducted.

G.

The person conducting the profession or business must reside within the dwelling unit in which the activity is located.

H.

With the exception of one "home occupation employee," as that term is defined in chapter 17.96 (Definitions), there shall be no employment of help other than individuals residing at the subject residence. The home occupation employee shall park on site.

I.

There shall be no use or storage of dangerous chemicals, acids, caustics, explosives or other such hazardous equipment or materials, other than those materials that are used in typical household activities as classified in the county household hazardous materials list.

J.

There shall be no storage of materials and/or supplies, associated with the home occupation, outside of the residence, which may be visible from adjoining properties and/or the public right-of-way. If the garage is used to store home occupation associated materials, the minimum interior parking dimensions specified in section 17.02.030 (Development Standards) shall be maintained.

K.

There shall be no use of utilities or community facilities which change the residential character of the neighborhood and dwelling unit where the business is being conducted beyond the level which is normal for

the use of the property for residential purposes.

L.

The establishment and conduct of a home occupation shall not change the principal residential character of the use of the dwelling unit, nor shall there be any exterior evidence of the home occupation being conducted. The home occupation use shall be clearly incidental to the residential use.

(Code 1981, § 17.08.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 10, 11-152011)

17.08.040. - Commercial marijuana activities are prohibited.

Notwithstanding any other provision of this Code, commercial marijuana activities, as defined in section 17.96.445 (Commercial Marijuana Activities), are not permitted as home occupations in the city.

(Code 1981, § 17.08.040; Ord. No. 600U, § 2, 11-8-2017)

CHAPTER 17.09. - SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY ZONES

The purpose of this chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in single-family zones in accordance with the requirements of Government Code § 65852.21.

(Ord. No. 656U, § 6(17.09.010), 12-21-2021)

A.

Notwithstanding any other provision of this Code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.

B.

An application for a second unit or a two-unit development shall be approved or denied by the director through the site plan review process in chapter 17.70.

C.

Notwithstanding subsection A of this section, the city may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D.

Upon application approval of a second unit or two-unit development, the director shall provide a courtesy notice to owners of all parcels adjacent to the project site, using the last-known county assessor tax roll, including local homeowner's associations, if one exists and is known by the city. Such notice shall not be a requirement of the applicant for the purposes of deeming an application complete for processing.

(Ord. No. 656U, § 6(17.09.020), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

Proposed second units and two-unit developments:

A.

Shall be located in the RS zoning district;

B.

Shall be located on a parcel that meets all the requirements of Government Code § 65913.4(a)(6)(B)—(K);

C.

Shall not require or allow the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or

3.

Housing that has been occupied by a tenant in the last three years;

D.

Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;

E.

Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Government Code tit. 1, div. 7, ch. 12.75 (Government Code § 7060 et seq.) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application;

F.

Shall not be located within a historic district or on property included on the state historic resources inventory, as defined in Public Resources Code § 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and

G.

Shall not be located in the Greater Portuguese Bend Landslide Complex, as defined in section 15.20.020, unless the proposed project falls within one of the exception categories in section 15.20.040. If applicable, a landslide exception permit shall be obtained by the applicant prior to the approval of the application for a second unit or two-unit development.

(Ord. No. 656U, § 6(17.09.030), 12-21-2021; Ord. No. 663, § 4, 10-4-2022; Ord. No. 696, § 4, 12-2-2025)

A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:

A.

Configuration. A second unit may be attached to, adjacent to, or detached from any other dwelling unit on the parcel, subject to section 17.09.030(C) and (D) (Requirements). The units in a two-unit development may be attached or detached from one another.

B.

Size. Notwithstanding any other development standard, a second unit, and both of the units in a two-unit development, may be up to 800 square feet in floor area. Second units, and both units in a two-unit development, that are constructed on a lot that is at least 20,000 square feet may be up to 1,000 square feet in floor area.

C.

Height. Notwithstanding any other development standard, a second unit, and both of the units in a two-unit development, shall be no taller than 16 feet in height as measured from adjacent pre-construction grade and shall be one-story.

D.

Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least four feet from the side and rear lot lines.

E.

Parking.

One new off-street parking space, either enclosed or open, is required for a second unit and for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel.

2.

Notwithstanding subsection E.1 of this section, no parking spaces are required for a second unit or a two-unit development if either:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code § 21155(b), or a major transit stop, as defined in Public Resources Code § 21064.3; or

b.

There is a car share vehicle located within one block of the parcel.

3.

If the construction of a second unit or two-unit development requires the conversion or demolition of a garage, carport, or covered parking structure required under section 17.02.030(E), then such covered parking spaces shall be replaced. The replacement parking may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, without adversely impacting traffic flow and public safety. The replacement parking shall comply with the minimum number of spaces and dimensions stated in section 17.02.030(E).

F.

Decks. No attached decks, including roof decks and balconies, will be allowed that exceed six inches in height, as measured from adjacent finished grade, for second units or either unit in a two-unit development.

G.

Grading. For second units and two-unit developments built on sloping lots, grading shall be limited to a combined total of 200 cubic yards, provided the proposed grading is limited to notching the units into the existing slope and no additional grading is proposed to create ancillary flat surfaces around the proposed units, except as may be required for fire safety requirements or access purposes.

H.

Extreme slope. Applications for second units and two-unit developments proposed to be built on extreme slopes may be denied if the city's geologist determines that the proposed structures will result in a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment, that cannot be satisfactorily mitigated or avoided. As a condition of approval of an application for a second unit or two-unit development on an extreme slope or which involves grading to accommodate the units, the applicant shall submit a geological or geotechnical study reasonably required by the city for review and approval by the city's geologist.

I.

Location of second unit. A detached second unit shall be located behind the primary residence, and be clearly subordinate to the primary residence, both in height and width. If it is not legally and/or physically possible for a detached second unit to be built behind the primary residence, then it may be built in front or to the side of the primary residence subject to a minimum front setback of 25 feet.

J.

Separation between detached units. Detached second units and both units of a two-unit development, if detached from one another, built within a very high fire hazard severity zone, must maintain a ten-foot separation from the primary residence or each other, as applicable.

K.

Separate entrances. Detached second units and both units of a two-unit development shall have separate entrances from any other unit.

L.

Driveways. Notwithstanding the number of units on the lot, not more than one driveway approach or other encroachment shall be allowed unless the public works director determines that more than one driveway approach or other encroachment is required for public health and safety purposes.

M.

Additional development standards. Except as provided in subsections A through L of this section, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

N.

Limitation on enforcement of development standards. If the enforcement of a development standard, with the exceptions of the setback requirements in subsection D of this section or the design standards in section 17.09.050, would physically limit the size of a primary dwelling unit to less than 800 square feet, or would physically limit the property to having only one primary dwelling unit, then the standard shall be relaxed or waived to the extent necessary to allow the unit to be up to 800 square feet, or to allow a second primary dwelling unit on the property, or both, as applicable.

andards in section 17.09.050, would physically limit the size of a primary dwelling unit to less than 800 square feet, or would physically limit the property to having only one primary dwelling unit, then the standard shall be relaxed or waived to the extent necessary to allow the unit to be up to 800 square feet, or to allow a second primary dwelling unit on the property, or both, as applicable.

(Ord. No. 656U, § 6(17.09.040), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A.

Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

B.

Each second unit shall be architecturally consistent with the primary residence and both units of a two-unit development shall be architecturally consistent with each other, such that the matching units use complementary color palettes, exterior finishes, and matching roof pitches as viewed from all sides. The roof slope must match that of the dominant roof slope of the primary dwelling or matching unit. The dominant roof slope is the slope shared by the largest portion of the roof.

C.

Any garage door shall be removed from a garage or other accessory structure that is converted to a second unit, and the opening shall be treated and finished to match the primary residence.

D.

The units shall provide privacy mitigation measures by having the entrance to the units face away from the nearest, adjacent property.

E.

No entry to a second unit shall be visible from the public right-of-way.

F.

The exterior lighting on a second unit or two-unit development must comply with section 17.56.030 (Outdoor lighting for residential uses) of this Code.

(Ord. No. 656U, § 6(17.09.050), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A.

Second units and the units in a two-unit development shall not be rented for a term of less than 31 consecutive days, also known as a short-term rental.

B.

A second unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two-unit development may not be turned into condominiums or otherwise sold separately from one another. For purposes of this chapter, the term "primary unit" means a dwelling unit other than an accessory dwelling unit or junior accessory dwelling unit.

C.

Second units and both units in a two-unit development shall not have a primary use other than a residential dwelling.

(Ord. No. 656U, § 6(17.09.060), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A.

Whenever a development in a single-family residential zoning district either adds two primary units to a lot, or adds a second primary unit to a lot, one of the two primary units (i.e., 50 percent of the primary units), if rented, shall be rented at no more than an affordable rent for moderate-income households, as defined in Health and Safety Code § 50053, and shall only be rented to persons or families of low or moderate income, as defined in Health and Safety Code § 50093, for a minimum of 55 years. As a condition of approval of, and prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section.

B.

In lieu of subsection A, the owner may opt to provide an affordable unit off-site within the city, as a condition of approval of, and prior to the issuance of a certificate of occupancy for any second unit or any unit of a twounit development. The affordable unit may be provided either through the construction of a new unit, the conversion of an existing non-habitable structure to a habitable structure, or the conversion of an existing market-rate unit to an affordable unit. The off-site unit shall be subject to the same affordability restrictions that would otherwise be applicable to the affordable unit under subsection A of this section, including, but not limited to, the execution and recordation of a deed restriction. The off-site unit shall have at least the same square footage and number of bedrooms as the second unit or the smaller of the two units in the two-unit development.

(Ord. No. 656U, § 6(17.09.070), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A building permit shall not be issued for a second unit unless there is one existing primary dwelling unit on the parcel. For purposes of this section, a primary dwelling unit shall be considered to be existing if it has a current valid certificate of occupancy or a building permit that has been finalized.

(Ord. No. 663, § 4, 10-4-2022)

A.

Any lot created by a lot split pursuant to chapter 16.40 (Urban Lot Splits) shall be limited to a maximum of two units.

B.

No more than four units shall be permitted on a single-family residential lot that has not undergone a lot split.

C.

The maximum number of units permitted on any single-family residential lot may be any combination of primary dwelling units, second units, two-unit developments, accessory dwelling units, or junior accessory dwelling units, provided that the total permitted number of units per lot is not exceeded, and subject to the

limitations on the development of accessory dwelling units and junior accessory dwelling units in chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards).

(Ord. No. 663, § 4, 10-4-2022)

Second single-family dwellings shall be prohibited in the equestrian overlay (Q) district pursuant to California Government Code § 66499.41(h)(2), as may be amended.

(Ord. No. 695, § 3, 12-2-2025)

Notwithstanding any other provision of this chapter, the applicant shall comply with the requirements of chapter 17.72 (Coastal Permits).

(Ord. No. 656U, § 6(17.09.080), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

CHAPTER 17.10. - ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS

This chapter provides standards for the development and maintenance of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in accordance with Government Code § 66310 et seq. An ADU or JADU that conforms to the following requirements shall not be considered to exceed the allowable density (i.e., number of dwelling units per acre) for the lot upon which it is located, and shall be deemed a residential use consistent with the existing general plan and zoning designations for the lot.

(Ord. No. 668U, § 3, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

17.10.020. - Accessory dwelling unit and junior accessory dwelling unit development standards.

ADUs and JADUs shall be subject to the provisions in this section, and Section 17.10.040. JADUs shall additionally be subject to the provisions of Section 17.10.030.

A.

Zoning. An ADU is permitted on any lot zoned to allow single-family or multifamily dwelling residential, and that includes a proposed or existing dwelling; a JADU is permitted on any lot zoned to allow single-family residential, and that includes a proposed or existing dwelling. The city shall not impose any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit at least an 800 square foot ADU with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

B.

Number of ADUs or JADUs per lot.

For a lot with an existing or proposed single-family dwelling, no more than one ADU and one JADU.

2.

For a lot with a proposed or existing multiple-family residential development, at least one ADU and/or JADU, but no more than a number of ADUs/JADUs equaling 25 percent of the existing dwelling units, rounded down, may be allowed within the portions of the existing multiple- family residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. An ADU or JADU will only be allowed if the space has been converted to a livable space and has been granted a certificate of occupancy. In addition to any ADUs or JADUs constructed within the existing multiple-family residential development, no more than two detached ADUs may be allowed on a lot that has an existing multiple-family residential structure.

C.

Development standards. ADUs or JADUs shall adhere to the following objective development standards.

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 ADU or to a portion of an ADU, 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. Lots located in the very high fire hazard severity zones (VHFHSZ) must include mitigation measures in accordance with the California Building Code, codified as Title 24 of the California Code of Regulations Part 2, Chapter 7A.

2.

Maximum floor area, detached ADU. The total area of floor space for a detached ADU shall not exceed 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom.

3.

Maximum floor area, attached ADU. The total area of floor space for an attached ADU shall not exceed the lesser of the following:

a.

Fifty percent of the primary residence's main building floor area (including any existing primary residence garage area);

b.

Eight hundred fifty square feet for an ADU with one bedroom; or

c.

One thousand square feet if the ADU contains more than one bedroom.

Height. All ADUs shall comply with the following height standards:

a.

A detached ADU shall not exceed 16 feet in height except:

i.

If the ADU is within a one-half mile walking distance of a major transit stop or high-quality transit corridor, as those terms are defined in Public Resources Code § 21155, the maximum height shall not exceed 18 feet.

ii.

If the ADU is on a property with a multi-family, multi-story dwelling, the maximum height shall not exceed 18 feet.

iii.

An additional two feet in height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

b.

An attached ADU shall not exceed the height limitation applicable to the primary dwelling or 25 feet, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

c.

The height of an ADU shall be measured as follows, whichever is lower:

i.

The preconstruction (existing) grade at the highest elevation of the existing building pad area covered by the ADU, to the ridgeline or highest point of the ADU; or

ii.

The post-construction grade where the lowest foundation or slab meets finished grade, to the ridgeline or highest point of the ADU.

5.

Architectural standards. All ADUs shall comply with the following objective architectural standards:

a.

The ADU shall be architecturally consistent with the primary residence, such that it matches the primary residence in the use of color palettes, exterior finishes, and matching roof pitch from all sides. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

b.

Where feasible, any garage door shall be removed from a garage or other accessory structure that is converted to an ADU and the opening shall be treated and finished to match the primary residence.

c.

The ADU shall have independent exterior access from the existing dwelling unit.

d.

Where feasible, the ADU shall provide privacy mitigation measures, including:

i.

The entrance to the ADU faces away from the nearest, adjacent property; and

ii.

The ADU shall have windows at or above six feet on any facades that face any adjacent properties.

e.

If it is not legally and/or physically possible for an ADU of at least 800 square feet to be built behind the primary residence, then it may be built in front or to the side of the primary residence.

f.

Where feasible, entry to an ADU shall not be visible from the public right-of-way.

6.

Exterior stairs leading to an ADU or JADU located on the second level of a primary dwelling unit shall be allowed, when compliant with all other applicable development standards.

7.

The ADU shall include at least one full bathroom and shall not include more than one kitchen.

8.

The ADU or JADU may be located on a lot or parcel which is served by a public sanitary sewer system. An ADU or JADU proposed on a lot or parcel that is not served by a public sanitary sewer system shall require approval by the county department of public health, and any other applicable agencies, of a private sewage disposal system, prior to building and safety division permit issuance.

9.

Utility connections. ADUs shall obtain separate connections for all utilities, including water and sewer service. This requirements shall not apply to JADUs and state exemption ADUs.

10.

Passageways. No passageway shall be required in conjunction with the construction of an ADU.

Parking.

a.

A minimum of one parking space, which may be enclosed, shall be provided for the ADU and shall meet the minimum dimensions stated in section 17.02.030.

b.

No parking spaces are required for an ADU if any of the following apply:

i.

The ADU is located within one-half mile walking distance of a public transit stop;

ii.

The ADU is located within an architecturally and historically significant structure;

iii.

The ADU is part of the proposed or existing primary residence;

iv.

When on-street parking permits are required but not offered to the occupant of the ADU;

v.

When there is a car share designated pick-up or drop-off location within one block of the ADU.

vi.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in subsections (C)(11)(b)(1)—(5).

c.

Offstreet parking is permitted in setback areas, or through tandem parking, unless the city makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

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 offstreet parking is not required to be replaced. If desired, replacement spaces can be located in any other configuration on the same lot as the ADU or JADU, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, without adversely impacting traffic flow and public safety.

12.

Ownership. The primary dwelling unit and the ADU shall remain under the same ownership. The ADU shall not be sold separately from the primary dwelling unit, except when the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation and meets all the requirements of Government Code § 66341, including any amendments or successor statutes thereto.

13.

Short-term rental prohibited. An ADU or JADU shall not be used as a short-term rental, in accordance with Section 17.02.026 (short-term rentals and advertisement of short-term rentals).

14.

Fire sprinklers. ADUs or JADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU or JADU shall not trigger the requirement for sprinklers for the primary dwelling.

15.

Utility connection. ADUs shall be required to obtain a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

16.

Grading. ADUs or JADUs shall comply with the grading standards described in Section 17.76.040 (grading permit), provided that any grading permit for an ADU or JADU shall be processed ministerially.

17.

Roof decks. Roof decks shall not be permitted on a detached ADU.

18.

Exterior lighting. Where feasible, the exterior lighting must comply with Section 17.56.030 (outdoor lighting for residential uses) of this Code.

D.

An ADU or JADU shall be used solely as a dwelling. ADUs and JADUs shall not be utilized as ancillary or accessory uses, including, but not limited to, events, storage, home office, gym/workout studio, and greenhouse.

E.

A trailer or any other recreational vehicle may not be maintained as an ADU or JADU on a residential lot.

F.

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

G.

Fees.

1.

No impact fees, as defined in Government Code § 66324(c)(2), may be imposed on JADUs or ADUs of 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.

2.

An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.

H.

Covenant. Prior to the issuance of a certificate of occupancy for an approved ADU a fully-executed use covenant and restriction running with the land shall be recorded by the city with the county recorder's office, and shall include the following:

1.

A declaration that the ADU is constructed and maintained pursuant to this chapter to and shall not be converted to or used for a nonresidential use.

2.

A prohibition on the sale of the ADU separate from the sale of the single-family residence, including a statement that the deed restriction shall be enforced against future purchasers. An ADU may be sold separately only if the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation consistent with the provisions of Government Code § 66341.

(Ord. No. 668U, § 4, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

Editor's note— Ord. No. 681, § 4(Att. B), adopted June 18, 2024, amended the title of § 17.10.020 to read as herein set out. The former § 17.10.020 title pertained to accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) development standards.

A.

A JADU shall comply with the following standards:

JADUs are only allowed in single-family residential zones.

2.

Owner-occupancy is mandatory. The owner may reside in either the remaining portion of the single-family dwelling or in the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3.

The total area of floor space for a JADU shall not exceed 500 square feet.

4.

The primary dwelling and the JADU shall remain under the same ownership. The JADU shall not be sold separately from the primary dwelling.

5.

A JADU must be constructed within the walls of the proposed or existing single-family dwelling, which shall include an attached garage.

6.

The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

7.

If the JADU does not have its own bathroom, it must have a separate access to the primary dwelling.

8.

The JADU shall include an efficiency kitchen, which shall include all of the following:

a.

A cooking facility with appliances and a sink.

b.

A food preparation counter and storage cabinets.

9.

No additional parking shall be required for a JADU.

B.

The city may require an inspection of the JADU, including the imposition of a fee adopted by city council resolution for that inspection, to determine if the JADU complies with the application therefor, and applicable

building standards.

C.

For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.

D.

For the purposes of providing service for water, sewer, or power, including a connection fee, JADU shall not be considered a separate or new dwelling unit.

E.

This section shall not be construed to prohibit the city from requiring parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as those requirements apply uniformly to all single-family residences regardless of whether the single-family residence includes a JADU.

F.

A deed restriction running with the land must be recorded which provides that the unit shall not sold separately from the primary dwelling, and that the deed restriction may be enforced against future purchasers, and a restriction of the size and attributes of the JADU the conforms with this section.

(Ord. No. 668U, § 5, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

17.10.040. - State exemption accessory dwelling units and junior accessory dwelling units.

A.

All objective development standards provided for in this section and Sections 17.10.020 and 17.10.030 shall apply to state exemption ADUs and JADUs to the extent they do not conflict with this any provision of this section.

B.

Notwithstanding anything else to the contrary in the chapter, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any ADU or JADU that complies with the following standards (a "state exemption" ADU or JADU). The city's standards addressing lot coverage, floor area ratio, open space, or minimum lot size cannot preclude the construction of a state exemption ADU or JADU.

1.

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

a.

The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a singlefamily 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.

b.

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

c.

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

d.

The JADU complies with the requirements of Section 17.10.030.

2.

One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a junior ADU described in paragraph (1). A local agency may impose the following conditions on the ADU:

a.

A total floor area limitation of not more than 800 square feet.

b.

A height limitation as provided in subsection 17.10.020(C)(4).

3.

Multifamily dwellings.

a.

At least one ADU within an existing multifamily dwelling, but no more than a number equivalent to 25 percent of the existing multifamily dwelling units, within the portions of 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.

b.

Not more than two ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation pursuant to subsection 17.10.020(C)(4), as applicable, and rear yard and side setbacks of no more than four feet.

c.

If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling shall not be a condition for approving the application to construct an ADU that satisfies

the requirements of this subsection (D)(3).

4.

Correction of nonconforming zoning conditions shall not be required.

5.

The installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

6.

A state exemption ADU or JADU shall not be used as a short-term rental, in accordance with Section 17.02.026 (short-term rentals and advertisement of short-term rentals).

7.

Any ADU that shall be connected to an onsite wastewater treatment system must provide, as part of its application, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

C.

A new or separate utility connection directly between a state-exemption ADU and the utility shall not be required, or a related connection fee or capacity charge imposed, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Government Code § 66342.

(Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

Editor's note— Ord. No. 680U, § 5(Att. B), adopted June 4, 2024, renumbered the former § 17.10.040 as § 17.10.050 and enacted a new § 17.10.040 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. Subsequently, Ord. No. 680U, § 5(Att. B), repealed § 17.10.050, which pertained to use covenants and restrictions and derived from Ord. No. 668U, § 7, adopted October 18, 2022; Ord. No. 678U, § 4(Att. B), adopted April 16, 2024.

A.

ADUs and/or JADUs, either attached or detached, which adhere to the standards in Sections 17.10.020, 17.10.030, or 17.10.040, shall be allowed on any lot zoned for single-family or multifamily residential, on lots with existing or proposed single-family dwelling units, with ministerial approval of a site plan review by the director.

B.

An application to create or serve an ADU or JADU on a lot with an existing dwelling that meets all applicable standards described in this chapter shall be approved or denied ministerially within 60 days after receiving a

completed application, without need for a hearing and notwithstanding any ordinance regulating the issuance of variances or special use permits. If the completed application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the completed application may be delayed until the single-family or multifamily dwelling application is acted upon.

1.

If denied, the city shall provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.

2.

If an applicant requests a delay, the 60-day time period may be tolled for the period of the delay.

3.

If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

4.

No local ordinance, policy, or regulation, other than this chapter shall be the basis for the delay or denial of a building permit or a use permit under this section.

C.

Consideration and issuance of a permit for an ADU or JADU shall not be conditioned on correction of 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 ADU or JADU.

D.

Any new ADU or JADU may not be converted to primary dwelling unit space for a minimum of 20 years from construction.

E.

The filing fee for an ADU or JADU application shall be as established by resolution of the city council.

F.

All setbacks for the proposed ADU or JADU shall be reviewed and evaluated for fire safety (as may be determined by the county fire department).

G.

For the purposes of this section, an ADU or junior accessory dwelling may be considered solely within the existing or proposed space of another structure if it includes an expansion of not more than 150 square feet beyond the same physical dimensions of the existing structure, as long as that expansion beyond the physical dimensions of the existing structure is only for accommodating ingress and egress and does not exceed 16 feet in height.

H.

Coastal Act. Nothing in this chapter shall be construed to supersede the application of the California Coastal Act, Pub. Res. Code § 30000 et seq., except that no public hearing shall be required for coastal development permit applications for ADUs.

I.

The city shall not deny a permit for an unpermitted ADU constructed prior to January 1, 2018 absent a finding that correcting the violation is necessary to protect the health and safety of the public or the occupant of the ADU, or if the structure is deemed substandard pursuant to Health and Safety Code § 17920.3.

J.

The city shall allow preapproval of ADU plans as per Government Code § 65852.27, effective January 1, 2025.

(Ord. No. 668U, § 6, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

Editor's note— Ord. No. 680U, § 5(Att. B), adopted June 4, 2024, renumbered the former § 17.10.040 as § 17.10.050 and enacted a new § 17.10.040 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. Subsequently, Ord. No. 680U, § 5(Att. B), repealed § 17.10.050, which pertained to use covenants and restrictions and derived from Ord. No. 668U, § 7, adopted October 18, 2022; Ord. No. 678U, § 4(Att. B), adopted April 16, 2024.

If the site plan review application and/or any other permit issued for the ADU or JADU is revoked by the city pursuant to the provisions of Chapter 17.86 (enforcement) of this Code, then the director shall file notice with the county recorder's office that the permit for the ADU or JADU has been revoked, and the property owner shall forthwith convert the ADU or JADU to a legal structure or shall demolish such structure.

(Code 1981, § 17.10.060; Ord. No. 640, § 10, 1-19-2021; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

The following words and phrases shall have the following meanings. In the event any word or phrase conflicts or is inconsistent with any definition in Government Code § 66300 et seq., the latter shall control.

Accessory dwelling unit (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. 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 ADU also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Health and Safety Code § 18007.

3.

An ADU may be attached, detached, or constructed within the within an existing primary dwelling unit or accessory structure.

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

Efficiency unit has the same meaning as defined in Health and Safety Code § 17958.1.

Junior accessory dwelling unit (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

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.

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 means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

Permitting agency means any entity that is involved in the review of a permit for an ADU or JADU 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.

State exemption ADUs and/or JADUs means ADUs or JADUs constructed pursuant to subsection 17.10.020(D), and in accordance with Government Code § 66323.

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

(Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)