Chapter 17.100 — ACCESSORY DWELLING UNITS

Tulelake Zoning Code · 2026-06 edition · ingested 2026-07-07 · Tulelake

Sections:

  • 17.100.010 Purpose. 17.100.020 Definitions.

  • 17.100.030 Accessory dwelling unit criteria.

  • 17.100.040 Junior accessory dwelling unit criteria.

17.100.010 Purpose.

This chapter provides for accessory dwelling units (ADU) and junior accessory dwelling units (JADU) consistent with Government Code Sections 66310-66342.

17.100.020 Definitions.

  • A. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) 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 accessory dwelling unit also includes the following:

    1. An efficiency unit.

    2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

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

  • C. “Livable space” means space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).

17.100.030 Accessory dwelling unit criteria.

  • A. Location.

    1. Accessory dwelling units are permitted by right in all zoning districts that allow singlefamily residential and multifamily residential as a principally permitted use.

    2. In addition, an existing dwelling unit that complies with the development standards for accessory dwelling units in subsection (E) of this section may be considered an accessory dwelling unit, and a new principal unit may be constructed, which would then be considered the principal dwelling unit.

  • B. Limitation.

    1. Single-Family Residential. No more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit shall be located on the same parcel improved with a single-family dwelling.

    2. Multifamily Residential.

      • a. Provided that the number of detached accessory dwelling units does not exceed the number of dwelling units on the lot, up to eight (8) detached accessory dwelling units shall be allowed on a parcel improved with a multifamily dwelling.

      • b. When the accessory dwelling unit is created within a portion of the existing multifamily dwelling structure that is not used as livable space, and if each space complies with applicable building and health and safety codes, the number of accessory dwelling units allowed on a parcel improved with a multifamily dwelling is limited to not more than twenty-five (25) percent of the number of multifamily dwelling units on the property, except that at least one (1) accessory dwelling unit shall be allowed.

  • C. Occupancy. Owner occupancy of a dwelling on the property is not required between January 1, 2020 and January 1, 2025.

  • D. All requirements and regulations of the district in which the lot is situated shall apply, except as set forth in subsection (E) of this section.

  • E. Conditions. An accessory dwelling unit may be established by the conversion of an attic, basement, garage, or other portion of an existing residential unit or by new construction, by the conversion of an accessory structure, or by new construction provided the following criteria are met:

    1. Floor Area. The floor area of the accessory dwelling unit shall not exceed:

      • a. Parcels sized ten thousand (10,000) square feet or greater: One thousand two hundred (1,200) square feet.

      • b. All other parcels: Eight hundred and fifty (850) square feet for a studio or one (1)bedroom accessory dwelling unit, or one thousand (1,000) square feet for an accessory dwelling unit that provides for more than one (1) bedroom.

    2. The increased floor area of an attached accessory dwelling unit shall not exceed eight hundred (800) square feet or fifty (50) percent of the existing living area, whichever is greater.

    3. Height.

      • a. The height of a one (1)-story detached accessory dwelling unit shall not exceed eighteen (18) feet.

      • b. The height of an attached one-story accessory dwelling unit shall not exceed twenty-six (26) feet.

      • c. The height of detached two-story accessory dwelling units shall not exceed twenty-six (26) feet.

  • d. When the lot is within one half mile of a major transit stop or high-quality transit corridor, an additional two (2) feet in height may be added to a detached accessory dwelling unit to accommodate a roof pitch that aligns with the primary dwelling.

    1. Setbacks.

      • a. Accessory dwelling units (both attached and detached) shall have side and rear setbacks of not less than four (4) feet.

      • b. Accessory dwelling units (both attached and detached) shall have front setbacks consistent with the zoning districts in which they are located, provided that compliance with the setback does not preclude development of an accessory

dwelling unit at least eight hundred (800) square feet in area, even if the accessory dwelling unit would exist partially or wholly within the front setback.

  • c. No setback shall be required for an accessory dwelling unit created within an existing living area or accessory structure or an accessory dwelling unit created in a new structure in the same location and to the same dimensions as an existing structure.

  • d. The minimum distance between accessory dwelling units (both attached and detached) and other structures on the lot shall be as required by building or fire code.

  1. Manufactured and Mobile Homes. Manufactured and mobile home accessory dwelling units that meet the requirements of state law shall be allowed provided they are constructed on a permanent foundation, are substantially compatible with the principal unit, and adhere to the development standards set forth in this chapter.

  2. Utility Connections. At the discretion of the city administrator, utility connections (sewer, water, electricity, telephone) may or may not be connected to the principal dwelling unit. If utility connections are separate from the principal unit, power and telephone lines shall be underground from the point of source as approved by the respective utility purveyor to the accessory dwelling unit. However:

    • a. For the creation of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure, the city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

  3. Selling Accessory Dwelling Units. The accessory dwelling unit shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.

  4. Renting Accessory Dwelling Units. The rental of an accessory dwelling unit is allowed, but not required. Accessory dwelling units shall not be utilized as short-term rentals (no transient occupancy) and must be rented for at least thirty (30) days.

  5. Separate Entrance Required. The entry to an attached accessory dwelling unit shall be accessed separately and securely from the principal unit.

  • a. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this chapter, a passageway is a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the accessory dwelling unit.

  1. Applicable Codes. Accessory dwelling units must comply with applicable building, fire and other health and safety codes.

  2. Lot Coverage. Accessory dwelling units shall not be considered when calculating the maximum lot coverage allowed.

  3. Parking.

  • a. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking

requirements shall be mandatory for those accessory dwelling units in any of the following instances: 

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

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

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

  - iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. 

  - v. When there is a car share vehicle located within one (1) block of the accessory dwelling unit. 

  - vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in Government Code section 66322, subdivision (a)(1)-(5).

  • b. Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

  • c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit and may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

uction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit and may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

  • F. Application Procedure. City administrator, or designee, approval shall be required for all accessory dwelling units. The property owner shall file a complete building permit application and pay all applicable fees. The completed application form shall include, but not be limited to, data on the floor space and height of the proposed unit and the existing residential unit(s) and an accurately drawn site plan showing the location and size of all existing and proposed structures, the proposed accessory dwelling unit, setbacks, utility connections, and any required vehicle parking.

  • G. Existing Nonpermitted Accessory Dwelling Units. Unless supported by the finding that “correcting the violation is necessary to protect the health and safety of the public or occupants of the structure,” the city administrator shall not deny a permit for an accessory dwelling unit constructed without benefit of required permits prior to January 1, 2018, because the accessory dwelling unit violates building standards or because the accessory dwelling unit does not comply with state accessory dwelling unit law or this title.

  • H. Accessory dwelling units shall not be counted as “development units” under the General Plan density requirements.

  • I. Accessory dwelling units converted from existing space shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for

utilities, including sewer and water. Accessory dwelling units of seven hundred and fifty (750) square feet or less shall not be subject to impact fees. Accessory dwelling units larger than seven hundred and fifty (750) square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit.

  • J. The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence (unless otherwise required by the fire chief based on state law). However, other fire protection mechanisms, as determined by the fire chief, may be required for fire and life safety in those accessory dwelling units not meeting setbacks.

  • K. An accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the city administrator. In considering such requests, the city administrator shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city’s affordable housing supply. As a condition of termination, the city administrator shall require the owner to make modifications to the property to comply with current building code requirements and to comply with current development standards in effect at the time of the request to terminate the use of the accessory dwelling unit.

17.100.040 Junior accessory dwelling unit criteria.

  • A. Location. Junior accessory dwelling units may be allowed only on parcels zoned for singlefamily residential use with an existing single-family dwelling unit on the parcel, or as part of a proposed single-family residential use when it is within the proposed space of a singlefamily dwelling.

  • B. Limitation. In no case shall more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit be placed on the same lot or parcel as an existing or proposed single-family dwelling.

  • C. Occupancy. Owner-occupancy is required in the single-family dwelling unit in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the single-family dwelling unit or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

  • D. Existing Structure/Bedroom. A junior accessory dwelling unit shall be located within the walls of an existing or proposed single-family residence.

  • E. Entrance. A junior accessory dwelling unit shall include its own discrete entrance, separate from the main entrance to the structure. A permitted junior accessory dwelling unit without a separate bathroom shall include an interior entry to the main living area.

  • F. Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

  • G. Parking. Junior accessory dwelling units have no parking requirement.

  • H. Deed Restriction. The junior accessory dwelling unit shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the city and shall include both of the following:

    1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and

    2. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

  • I. Timing. A permit shall be issued within sixty (60) days of submission of an application for a junior accessory dwelling unit that meets the criteria in this section and is part of an existing single-family dwelling.

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

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

  • L. A junior accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use, including reverting to a portion of the primary residence, except with approval of the city administrator. In considering such requests, the city administrator shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city’s affordable housing supply. As a condition of termination, the city administrator shall require the owner to make modifications to the property to comply with current building code requirements and to comply with current development standards in effect at the time of the request to terminate the use of the junior accessory dwelling unit.