Chapter 10.52

ACCESSORY DWELLING UNIT (ADU)

SECTION:

A. Purpose. The provisions of this Chapter are intended to set standards, in compliance with California Government Code Section 66310 et seq., for the development of accessory dwelling units (ADU) to increase the supply of smaller and affordable housing while ensuring such housing remains compatible with the existing neighborhood.

• B. Intent. The regulations in this Chapter are intended to:

1. Implement the provisions of the General Plan Housing Element;

2. Assure compliance with California Government Code and other relevant housing legislation;

3. Encourage the development of ADUs;

4. Streamline and minimize governmental constraints on residential development; and

5. Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with ADUs. (Ord. 2024-001, 9-10-2024)

Except as otherwise provided by this Section or State law, ADUs shall be ministerially permitted only where allowed in Article 2 (Zones, Allowable Uses, and Development Standards). (Ord. 2024-001, 9-10-2024)

A. Ministerial Approval. An application for an ADU that complies with all applicable requirements of this Chapter and State law shall be approved ministerially through the Building Permit process. A Building Permit application for an ADU on a parcel with an existing single-unit dwelling shall be acted upon within sixty (60) days of the Building Permit application being complete.

B. Failure to Act. If the City has not acted upon the completed application within sixty (60) days, the application shall be deemed approved.

C. Applicant's Right to Delay. The Building Permit applicant may request a delay in the City's processing of the Building Permit, which shall result in the tolling of the sixty (60)-day period, in compliance with Government Code Section 66317. (Ord. 2024-001, 9-10-2024)

As provided by Government Code Section 66319, ADUs are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. (Ord. 2024-001, 9-10-2024)

All ADUs shall comply with the following general requirements.

A. Accessory to Primary Residential Use. ADUs shall be accessory to an existing or proposed primary dwelling.

B. Where Allowed. ADUs shall be located on a parcel zoned to allow single-unit or multi-unit residential dwellings and that contains an existing or proposed primary dwelling.

C. Separate Conveyance. ADUs shall not be sold or otherwise conveyed separately from the primary dwelling, except as otherwise provided in Government Code Section 66341.

D. Rental Terms. ADUs shall not be rented for a term of less than thirty (30) consecutive days.

E. Owner Occupancy Not Required. The property owner is not required to occupy the ADU or primary dwelling located on the parcel.

F. Recreational Vehicles. Recreational vehicles, as defined in Article 8 (Definitions), shall not be used as ADUs. (Ord. 2024-001, 9-10-2024)

An ADU shall be allowed in the following locations:

A. Within an existing or proposed single-unit dwelling, including attached garages, storage areas, or similar attached areas;

B. Within an existing or proposed multi-unit dwelling structure in areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages;

• C. An existing or proposed detached accessory structure;

• D. Above a garage that is attached to or detached from the primary dwelling.

F. When located within an existing accessory structure, the accessory structure shall only be enlarged to provide ingress and egress. An expansion needed to provide ingress and egress shall be limited to a maximum of one hundred and fifty (150) square feet, shall provide exterior access, and shall provide side and rear setbacks adequate for fire and safety. (Ord. 2024-001, 9-10-2024)

An ADU shall comply with the following allowance standards.

A. One ADU and one JADU on a parcel with an existing or proposed single-unit dwelling. See Chapter 10.54 (Junior Accessory Dwelling Unit (JADU)).

B. No more than one (1) ADU on a parcel where there are multiple detached single-unit dwellings.

C. No more than two (2) detached ADUs on a parcel with a proposed or existing multi-unit dwelling. Two (2) or more attached dwellings on a single lot shall be considered a multi-unit dwelling.

D. Within an existing multi-unit dwelling structure, multiple ADUs shall be allowed in areas that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. A structure with two (2) or more attached dwellings on a single lot shall be considered a multi-unit dwelling structure. The number of ADUs allowed is limited to a maximum of twenty-five percent (25%) of the number of multi-unit dwellings within the structure. In no case shall less than one (1) ADU be allowed. (Ord. 2024-001, 9-10-2024)

An ADU shall comply with the with the following development standards:

A. Setbacks. ADUs shall comply with the following setback requirements:

1. Attached Unit. An attached ADU shall be subject to the same front setback requirement applicable to the primary dwelling, unless it precludes development of an ADU that is at least eight hundred (800) square feet, at least sixteen feet (16') in height with four-foot side and rear yard setbacks and complies with all other development standards of this Chapter or State law. The interior side, street side, and rear setbacks shall be a minimum of four feet (4'). No rear, street side, or interior side setback is required for an accessory dwelling unit that is located fully within an existing single-unit dwelling, provided a separate exterior access is provided for the ADU.

2. Conversion of Existing Living Space or Existing Accessory Structure. An ADU or portion of an ADU located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

3. Existing Garage. No setback shall be required for an existing garage that is converted to an ADU, except as required for fire and safety. A setback of four feet (4') from the interior side, street side, and rear property lines is required for an ADU constructed above an existing garage.

4. Replacement of Existing Structures. For an ADU constructed in generally the same location and to the same dimensions as an existing structure, setbacks of four feet (4') from the interior side, street side, and rear property lines shall be provided.

5. New Detached Unit. A new detached ADU shall comply with the front setback of the underlying zoning district, unless it precludes development of an ADU that is at least eight hundred (800) square feet, at least sixteen feet (16') in height with four-foot (4') side and rear yard setbacks and complies with all other development standards of this Chapter. A detached ADU shall be located a minimum of four feet (4') from the interior side, street side, and rear property lines.

B. Living Area Allowed Per Unit. Garages and carports shall be excluded when calculating the living area of a primary dwelling. ADUs shall comply with the following living area square footage standards:

1. The minimum size of an ADU is one hundred and fifty (150) square feet of living area.

2. The maximum size of a detached ADU is one thousand two hundred (1,200) square feet of living area.

3. The maximum size of an attached ADU is fifty percent (50%) of the living area of the existing or proposed primary dwelling, or one thousand two hundred (1,200) square feet, whichever is greater.

4. A detached, new construction ADU may be combined with one JADU that complies with the requirements of Chapter 10.54 (Junior Accessory Dwelling Unit (JADU)). When combined with a JADU, the maximum size of the ADU is limited to eight hundred (800) square feet, regardless of the number of bedrooms.

5. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement, all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage.

C. Height. ADU height shall be measured in accordance with Section 10.30.030 (Height Measurements and Exceptions). ADUs are limited to a maximum height of eighteen feet (18'), except as established below:

1. Detached Units Located Adjacent to Transit Services. If a detached accessory dwelling is located within a half-mile of a major transit stop or high-quality transit corridor, as defined in Article 8 (Definitions), the unit is limited to a maximum height of eighteen feet (18'), and may be up to two feet (2') taller, for a maximum of twenty feet (20'), if necessary to match the roof pitch of the primary dwelling unit.

2. Detached Units on Multi-Unit Residential Dwelling Parcels. If a detached accessory dwelling is located on a parcel with a multi-story, multi-unit dwelling structure, the detached accessory dwelling unit is limited to a maximum height of eighteen feet (18').

3. ADUs Above Detached Garages. An accessory dwelling unit located above a detached garage is limited to a maximum height of twenty-five feet (25').

4. Attached Units. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.

D. Parking. One off-street parking space is required for an ADU in addition to that required for the main dwelling, except as established below.

1. No off-street parking shall be required if any of the following circumstances exist:

2. The ADU is located within one-half mile of public transit as defined in Article 8 (Definitions).

3. The ADU is located on a property with a Historic Overlay zone.

4. The ADU is part of the existing primary residence or an existing accessory structure.

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

6. Where there is a car share vehicle located within one block of the ADU.

7. To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to public transit or car share vehicle or on a lot with an Historic Overlay zone, or proof of local parking permit requirements.

8. The required off-street parking space may be covered or uncovered and shall be permitted in tandem and in setback areas, unless the Community Development Director determines that such parking is not feasible due to specific site topographical or fire and life safety conditions.

9. If a garage, carport, or covered parking is demolished in conjunction with the construction of an ADU or converted to an accessory dwelling unit, replacement parking is not required.

E. Access. An ADU shall have exterior access that is separate from the exterior access for the primary dwelling. A passageway that provides access to the ADU from a street is not required. For the purpose of this Section, a passageway is defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an ADU.

• F. Fire Sprinklers. Fire sprinklers shall be required if required for the primary residence.

G. Way Finding. Each ADU shall display a numerical address in compliance with the current Residential Code as adopted and amended by the City.

H. Utilities. All utilities servicing the ADU shall be installed in a manner consistent with the California Building Code. (Ord. 2024-001, 9-10-2024)

Before issuance of a Building Permit for an ADU, a deed restriction shall be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Department. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Department and shall provide that:

A. A prohibition on the sale of the ADU separate from the sale of the single-unit dwelling residence, except as otherwise provided in Government Code Section 66341.

B. A prohibition on short-term rentals and rental terms shorter than thirty (30) consecutive days.

C. An acknowledgment that water pressure may change if the ADU is using or is proposed to be using the same water connection as primary dwelling.

• D. An acknowledgment that additional nonpermeable surfaces may affect the water drainage pattern on the parcel.

• E. An acknowledgment that the deed restriction runs with the land and shall be enforced against future property owners.

F. The deed restriction shall be enforceable by 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 in violation of the recorded restrictions or abatement of the illegal unit. (Ord. 2024-001, 9-10-2024)