Chapter 16.86

ACCESSORY DWELLING UNITS

A. The purpose of this chapter is to implement Title 7, Chapter 13 of the California Government Code (Sections 66310 et.seq.) by establishing local regulations for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In the case of conflict between the provisions of this Chapter and Title 7, Chapter 13 of the Government Code, the provisions of Title 7, Chapter 13 of the Government Code provisions shall prevail.

B. This Chapter applies to all lots with an existing or proposed single-family or multifamily dwelling in zones where residential use is permitted, either by right or through objective permitted use. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

For the purposed of this Chapter, the following definitions shall apply:

A. Accessory Dwelling Unit (ADU): An attached or 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 dwelling. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation. An ADU also includes an efficiency unit, as defined in Health and Safety Code §17958.1 and a manufactured home, as defined in Health and Safety Code §18007.

B. Accessory Structure: A structure that is accessory and incidental to a dwelling located on the same lot and is not designed to be a residential dwelling unit.

C. Attached ADU: An ADU that shares a common foundation, roof, wall, floor, or ceiling with the primary unit, or has any structural materials shared with or that touch the primary dwelling.

D. Conversion ADU: An ADU created completely within existing footprint of the legally constructed space of a dwelling or accessory structure, including garages, basements, storage rooms, or other habitable or non-habitable areas.

E. Detached ADU: An ADU constructed as a separate structure from the primary dwelling.

F. Efficiency Kitchen: A kitchen that includes each of the following: 1) a cooking facility with appliances; and 2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

G. Impact Fee: “Impact Fee” has the same meaning as “fee” in Gov. Code §66000 (b), including fees specified in §66477, but excluding connection fees or capacity charges.

H. Junior Accessory Dwelling Unit (JADU): A unit that is no more than 500 square feet of interior livable space in size, including an Efficiency Kitchen, and is contained entirely within a single-family

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residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

• I. Livable Space: An interior space within a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

• J. Multifamily Dwelling: A structure designed for human habitation containing two or more legally created independent living quarters that share a common wall and are located on a single lot.

• K. Non-Exempt ADU: An ADU that does not meet the criteria stated in Government Code §66323, as it may be amended or recodified.

• L. Primary Dwelling: The principal residential building on a lot. An accessory dwelling unit may not be considered the primary dwelling.

• M.. Single-Family Dwelling: A detached unit, townhouse, or other single unit providing complete, independent living facilities for one household, including provisions for living, sleeping, eating, cooking, and sanitation.

• N. State-Exempt ADU: An ADU that qualifies for ministerial approval under Gov. Code §66323. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

• A. Permit Requirement: All ADUs and JADUs require and ADU or JADU permit and a building permit.

• B. Application Submittal: Applications shall be filed with the Planning Department and must include:

1. A completed ADU/JADU application form, which shall be promulgated by the City Planning Department, complete with all required attachments, exhibits, and application fees. The application for shall be signed by the property owner of record.

2. Project plans drawn to scale, showing all existing and proposed structures, improvements, materials, landscaping, and parking.

• C. Review and Processing:

1. The City shall determine whether an application is complete within 15 business days of receipt by the City.

2. If the application is deemed to be incomplete, the City shall issue the applicant a set of written comments with a list of items that are defective or deficient, and a description of how the applicant can remedy those deficiencies.

   • a. Upon receipt of said comments, the applicant may cure the items deemed to be incomplete or deficient by the City. If the applicant fails to cure the items addressed in the City’s issued comments within 30 days of issuance, the application shall expire.

   • b. Any resubmittal by an applicant that addresses the incomplete items in the City’s written comments shall be processed subject to the same timelines that would apply to an initial application submittal.

   • c. An applicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission shall review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

3. If the application is determined to be complete, the City shall ministerially review and act on the complete application within 60 days of submittal.

• D. Permit Expiration: ADU and JADU Permits issued pursuant to this Chapter shall expire and become void twelve (12) months after the effective date of approval if any of the following occur:

1. A standard requirement of approval has not been complied with;

2. A required building, electrical, plumbing, or a mechanical permit has either not been secured or has lapsed or become void; or

• E. Fees: Applicants shall pay all applicable fees, including impact, utility connection, capacity, and school fees, unless otherwise required by State law. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

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The following standards shall apply to State-Exempt ADUs. Where a provision of this section conflicts with any other local standard, this section controls for qualifying State-Exempt ADUs.

• A. Eligible ADU Types

Pursuant to Government Code §66323 and the provisions of this Chapter, the following types of State Exempt ADUs shall be approved ministerially, subject to the limitations specified below:

1. Single-Family Dwellings - One ADU and one JADU within Existing Structures

One ADU and one JADU may be permitted on a lot with a single-family dwelling if the units meet the following requirements:

• a. Location:

• i. The unit is located within the space of the proposed or existing single-family dwelling; or

• ii. The ADU is located within the existing space of an accessory structure, plus up to 150 additional square feet if necessary for accommodating ingress and egress

• b. Access: The unit has independent exterior access from the proposed or existing single-family dwelling;

• c. Setbacks: The unit has side and rear setbacks that are sufficient for fire safety; and

• d. Compliance: The JADU complies with all applicable provisions of State law.

2. Single-Family Dwellings – Detached New ADUs

A detached new construction ADU may be added to a lot with an existing or proposed single-family dwelling if all the following apply:

• a. Setbacks: The side and rear setbacks are least four feet;

• b. Size: The floor area is 800 square feet of livable space or smaller; and

• c. Height: The height does not exceed the applicable height limits for Detached ADUs specified in this Chapter.

3. Multifamily Dwellings – Conversion ADUs

   • a. At least one ADU shall be permitted within an existing multifamily dwelling, or a maximum of 25 percent of the existing dwelling units, whichever is greater.

4. Multifamily Dwellings – Detached ADUs

No more than two Detached ADUs may be permitted on a lot with a proposed multi-family dwelling, or

up to eight detached ADUs on a lot with an existing multi-family dwelling, if each Detached ADU

• a. Complies with the height requirements specified in this Chapter;

• b. Has side and rear setbacks of at least four feet;

If the lot has an existing Multifamily dwelling, the quantity of Detached ADUs does not exceed the number of primary dwelling units on the lot. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

The following requirements apply only to Non-Exempt ADUs:

• A. Maximum Size:

1. The maximum size of an attached or Detached Non-Exempt ADU shall be as follows: a. 850 square feet of interior livable space for a studio or one-bedroom ADU.

   • b. 1000 square feet for ADUs with more than one bedroom.

2. Attached ADUs created on a lot with an existing primary dwelling shall be further limited to 50 percent of the floor area of the existing primary dwelling.

3. Other development standards in this Section 16.86.050 may be applied, as applicable, to further limit the size of a Non-Exempt ADU, but no such standards shall reduce the interior living space of the ADU to less than 800 square feet.

• B. Setbacks

Non-Exempt ADUs shall observe the following setback requirements:

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1. No setbacks shall be required for Conversion ADUs if the ADU is constructed in the same location and to the same dimensions as the preexisting structure.

2. Detached units shall comply with the following setbacks:

   • a. Front: Same as the primary dwelling, subject to the limitations of Section 16.86.050(A)(3), above.

   • b. Side and Rear: four feet.

   • c. Newly constructed detached ADUs shall be set back a minimum of 6 feet from any other structure on the lot.

• C. Design and Architectural Standards

1. The materials, colors, and siding types of the ADU shall match those of the primary dwelling.

2. The roof pitch must match that of the roof pitch of the largest portion of the roof of the primary dwelling.

3. Windows and doors shall match the type and materials of those of the primary dwelling. Windows and doors of the ADU shall not have a direct line of sight to an adjoining residential property. Conversion ADUs that do not include new exterior window installations shall be exempt from this requirement.

4. Exterior lighting shall be downward-directed and fully shielded so as not to produce glare, light trespass, or illumination onto adjacent properties.

• D. Parking Requirements

1. Non-exempt ADUs shall provide at least one off-street parking space per ADU or per bedroom, whichever is less.

2. Parking must be located on-site and may include tandem spaces.

3. No off-street parking shall be required for an ADU if any of the following apply:

   • a. The ADU is located within one-half mile walking distance of public transit.

   • b. The ADU is located within an architecturally and historically significant historic district.

   • c. The ADU is part of the proposed or existing primary residence or an existing accessory structure.

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

   • e. The ADU is located within one block of a car-share vehicle.

• E. Lot Coverage:

1. All Non-Exempt ADU floor areas count toward the lot coverage limits established in Chapter 16.16 of the Ripon Municipal Code, subject to the limitations of Section 16.86.050(A)(3), above. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

The following requirements apply to ADUs and JADUs, as specified below, which are approved pursuant to the provisions of this Chapter:

• A. Number Permitted:

1. Except as otherwise specified in this Chapter, only one ADU and one JADU may be permitted per lot, regardless of zoning.

• B. Eligible Locations

1. State-Exempt ADUs may be constructed on lots zoned for residential or mixed-use zones.

2. Non-Exempt ADUs may be constructed on lots zoned for single-family and multi-family residential uses.

3. JADUs may only be constructed on lots zoned for single-family dwellings.

• C. Minimum Size. The minimum floor area of any ADU or JADU shall meet the requirements of an efficiency unit, as defined in Health and Safety Code §17958.1.

• D. Height Limits.

1. Except as provided by subsections (D)(1)(a) and (D)(1)(b) below, a detached ADU created on a lot with a proposed or existing primary dwelling shall not exceed 16 feet in height.

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• a. A detached ADU may be constructed to a maximum of 18 feet in height if the proposed detached ADU is located within one half mile walking distance of a major transit stop or high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code

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

2. For lots with an existing or proposed multistory multifamily dwelling, a detached ADU shall not exceed 18 feet in height.

3. Attached ADUs shall not exceed 25 feet in height, or the maximum height applicable to the primary dwelling, whichever is lower.

4. No ADU shall exceed two stories.

5. For purposes of this Section, height is defined as the vertical distance between the existing legal grade and the uppermost point of the roof of the structure directly above that legal grade.

• E. Rental Term. ADUs and JADUs shall not be rented for fewer than 30 consecutive days.

• F. Separate Conveyance Prohibition. ADUs and JADUs shall not be sold or conveyed separately from the primary dwelling, except as authorized by state law.

• G. Rent Reporting. Property owners must submit an annual report, on City-provided forms, disclosing the monthly rent charged for any ADU or JADU on the property.

• H. Impact and School Fees

• The following fees shall apply to all ADUs and JADUs that are approved pursuant to the terms of this Chapter:

1. No impact fees shall be required for any JADU or for an ADU that has less than 750 square feet of interior livable space.

2. ADUs with 750 square feet or more of interior livable space shall be charged impact fees proportionately in relation to the square footage of the primary dwelling unit.

3. ADUs larger than 500 sq. ft. are subject to applicable school district impact fees prior to certificate of occupancy.

• I. Utility Connections and Fees

1. Except those units described in Section 16.86.040(A)(1), all ADUs shall establish a separate connection between the ADU and the utility. The Planning Director or the City Engineer may, at his or her discretion, waive the requirement for a new water and sewer connection. All new utilities shall be installed underground.

2. Each ADU or JADU shall have its own electric and/or gas meter and shall have separate garbage service.

3. All City utility accounts, including water, sewer, and garbage, shall be maintained in the property owner’s name. Monthly sewer charges shall reflect the total number of units on the property.

4. Any utility connections required by this subsection shall be subject to connection fees and capacity charges that are proportionate to the burden of the ADU, which shall be determined based upon the square footage of the ADU.

• J. Building and Fire Codes

1. All ADUs and JADUs shall comply with all applicable building and fire code requirements, including, but not limited to, Title 15 of the Ripon Municipal Code.

2. Construction of an ADU does not constitute a Group R occupancy change under the City Building Code, as described in Section 310 of the California Building Code, unless the Building Official or a city code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Chapter.

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• K. Nonconforming Zoning Conditions, Building Code Violations, and Substandard Lots

1. Applications for ADUs and JADUs shall not be denied due to nonconforming zoning conditions.

2. Applications for ADUs or JADUs on non-conforming or substandard lots, or lots with buildings with preexisting Building Code violations shall require written findings from the Planning Director, Chief of Police, and Ripon Consolidated Fire District Chief that:

   • a. Adequate access exists for emergency and service vehicles.

   • b. The proposed ADU or JADU, and any nonconforming zoning conditions, building code violations, or unpermitted structures present on the lot do not present a public health or safety hazard.

• L. Fire Sprinklers

1. Fire sprinklers shall be required for any ADU or JADU if sprinklers are required in the primary residence. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

• A. General requirements:

1. JADUs shall have exterior access separate and independent from the primary dwelling.

2. JADUs that share sanitation facilities with the primary dwelling shall include an interior entrance to the main living area of the primary dwelling in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

• B. Lot Coverage:

1. JADUs shall not be subject to lot coverage, floor area ratio, or open space standards that would preclude their construction.

• C. Parking: No additional parking is required for a JADU, regardless of size or location.

• D. Fees: No Impact Fees, Connection and Capacity Fees, or School Fees shall be imposed on JADUs.

• E. Owner-Occupancy Requirement:

1. The property owner must occupy the primary dwelling or the JADU only if the JADU shares sanitation facilities with the primary dwelling, except where prohibited by state law. If the JADU has separate, self-contained sanitation facilities, there shall be no owner-occupancy requirement.

2. Enforcement: Compliance with this section shall be verified through permit conditions and, if necessary, the City may enforce violations through revocation of JADU authorization or other legal remedies consistent with state law.

• F. Deed Restriction

1. If the JADU is subject to an owner-occupancy requirement, the property owner shall record a deed restriction with the San Joaquin County Recorder’s Office, in a form approved by the City Attorney, specifying the owner-occupancy requirement, the prohibition of separate sale of the JADU, the restrictions on the size and attributes of the JADU, and any other applicable limitations. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

• A. As required by State law, the City shall not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020 due to either of the following:

1. The ADU or JADU is in violation of applicable building standards, or

2. The ADU or JADU does not comply with State ADU or JADU law, or the provisions of this Chapter. B. Eligibility: To qualify for the ADU Amnesty Program, the applicant must demonstrate:

3. The ADU was constructed prior to January 1, 2020.

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2. Sufficient documentation verifying the date of construction, including, but not limited to, utility records, affidavits, and construction records.

3. The ADU meets, or can be modified to meet, current health and safety standards as determined by the Building Official.

• C. Application Denial.

1. The City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

2. Any application to permit an existing but unpermitted ADU or JADU that is deemed substandard pursuant to California Health and Safety Code Section 17920.3 shall be denied.

• D. Application and Review Process:

1. Application Submission: A complete ADU Amnesty Application, signed by the property owner, must be filed with the Building Department, including:

   • a. Proof of construction date;

   • b. A site plan and floor plan of the ADU or JADU; and

   • c. A description of current conditions.

2. Inspection: Upon receipt of a completed application, the Building Department shall inspect the ADU or JADU to determine compliance with applicable health and safety standards.

3. Correction Plan: If deficiencies are identified, the Building Official shall provide the applicant with a correction list. The applicant shall be given ninety (90) days to make necessary improvements to meet health and safety standards.

4. Final Approval: Once corrections are satisfactorily completed, the Building Official shall issue an ADU or JADU permit to the applicant.

• E. Relief from Penalties: No administrative fines, penalties, or enforcement actions shall be imposed against property owners who voluntarily apply for permits pursuant to the provisions of this Section. (Ord. 904, §1, 2021, Ord. 937, §1, 2026)

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