Chapter 10.54

JUNIOR ACCESSORY DWELLING UNIT (JADU)

SECTION:

A. Purpose. The provisions of this Section are intended to set standards, in compliance with Government Code Section 66310 et seq., for the development of junior accessory dwelling units (JADUs) to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in Conditions, Covenants, and Restrictions.

• 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 JADUs;

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 JADUs. (Ord. 2024-001, 9-10-2024)

Except as otherwise provided by this Section or State law, JADUs 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 a JADU 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 a JADU 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 66335. (Ord. 2024-001, 9-10-2024)

As provided by Government Code Section 66319), JADUs 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 JADUs shall comply with the following general requirements.

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

• B. Where Allowed. JADUs shall be located on a parcel zoned to allow single-unit residential dwellings.

• C. Amount Per Parcel. Only one (1) JADU is allowed per parcel.

• D. Separate Conveyance. JADUs shall not be sold or otherwise conveyed separately from the primary dwelling, except as otherwise provided in Government Code Section 66340.

• E. Rental Terms. JADUs shall not be rented for a term of less than thirty (30) consecutive days.

F. Owner Occupancy Required. The property owner is required to occupy the JADU or the remaining portion of the single-unit dwelling or an ADU located on the same parcel.

G. Deed Restriction. Shall file a deed restriction in compliance with Section 10.54.080 (Deed Restriction) of this Chapter. (Ord. 2024-001, 9-10-2024)

A JADU shall be allowed in the following locations:

A. Within a Single-Unit Dwelling. Within the walls of an existing or proposed single-unit dwelling. Enclosed uses within the residence, such as attached garages, shall be considered a part of the existing or proposed single-unit residence.

B. Combined with a Detached, New Construction Accessory Dwelling Unit. When combined with a JADU, the maximum size of the accessory dwelling unit is limited to eight hundred (800) square feet, regardless of the number of bedrooms. (Ord. 2024-001, 9-10-2024)

A JADU shall comply with the with the following development standards:

• A. Minimum Living Area. The minimum size of a JADU shall be one hundred anf fifty (150) square feet of living area.

• B. Maximum Living Area. A JADU shall not exceed five hundred (500) square feet in living area.

C. Kitchen. The JADU shall contain an efficiency kitchen. The efficiency kitchen shall be removed when the JADU use ceases.

D. Sanitation. A JADU may include a full bathroom, or the occupants of the JADU may share the bathroom facilities within the remainder of the single-unit dwelling. If the bathroom facility is shared, an interior entry into the main living area of the single-unit dwelling shall be provided.

E. Entrance. The JADU shall include an exterior entrance separate from the main entrance to the existing or proposed single-family dwelling. If a bathroom facility is not shared with the single-unit dwelling, the junior accessory dwelling may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation.

• F. Parking. Off-street parking shall not be required for a junior accessory dwelling unit. (Ord. 2024-001, 9-10-2024)

Before issuance of a Building Permit for a junior accessory dwelling unit, 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 Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Director and shall provide that:

• A. The JADU shall not be sold separately from the primary dwelling associated with the JADU.

• B. The JADU is restricted to the approved size and to other attributes allowed by this Chapter.

• C. Owner-occupancy in the primary dwelling unit or the newly created JADU shall be required.

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

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

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

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

H. The deed restriction may be removed if the owner eliminates the 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 Community Development Director, providing evidence that the JADU has in fact been eliminated. Any Building Permits required in the removal shall be approved by the Director's determination. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Zoning Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements shall otherwise comply with applicable provisions of this Zoning Code.

I. 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 JADU in violation of the recorded restrictions or abatement of the illegal unit. (Ord. 2024-001, 9-10-2024)

MULTI-UNIT DWELLING DESIGN STANDARDS