Vallejo Municipal Code Ch. 16.303 Accessory Dwelling Units

The provisions outlined in this chapter are intended to:

A. Implement California Government Code Sections 65852.2 and 65852.22 for the development of accessory dwelling units to increase the supply of smaller and more affordable residential units;

B. Expedite small-scale infill development; and

C. Implement the goals of the General Plan 2040 Housing Element to facilitate production of housing to accommodate Vallejo's fair share of the regional housing demand and increase the overall supply and range of housing options in Vallejo.

Any application for an Accessory Dwelling Unit (ADU) or Junior Accessory Unit (JADU) that meets the location and development standards as provided in Section 16.303.02, Required Standards shall be processed ministerially; requiring a zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review, and shall not require a Discretionary Zoning Permit, per California Government Code Section 65852.2.

A. Zoning. The lot is zoned for residential use and contains no more than one single-unit residential dwelling or primary unit, or one multiple unit structure which can also be constructed on the lot in conjunction with the construction of the ADU.

B. Location on a lot. The ADU can either be attached to the primary residential dwelling unit, located within the living area of the primary unit or an accessory structure, or detached from the primary unit if located on the same lot as the primary unit. An accessory structure includes a studio, pool house, or other similar structure.

C. Subdividing. No lot with an ADU shall be subdivided so that an ADU is on a separate lot from the primary unit with which it is associated.

D. Number per lot. More than one ADU may be located on any lot under the following circumstances and subject to compliance with all of the applicable requirements of this Chapter:

1. One JADU is within the primary unit structure and one ADU is located either within the existing primary unit, in an addition to the existing unit or in a detached structure;

2. One ADU or more is created through conversion of existing non-habitable space within a multiple-unit building as long as the total number of accessory units does not exceed twenty-five percent of the total number of units within the building; or

3. Up to two ADUs are created in a detached structure on the same lot as an existing multiple unit building.

4. ADUs shall not be counted towards the maximum density allowed in a zoning district.

E. Unit Size. The floor area of an ADU within the living area or structure of the primary unit or attached to the primary residential dwelling unit shall not exceed fifty percent of the total floor area of the primary residential unit or one thousand two hundred square feet. The floor area of a detached ADU shall not exceed one thousand two hundred square feet. See Section 16.303.03, Junior Accessory Development Units, for size of JADU. A garage converted to an ADU is considered an attached ADU or JADU.

F. Height. A new detached ADU may not exceed sixteen feet in height or two stories, whichever is less. The height of an ADU above a detached garage cannot exceed the maximum height of the applicable zoning district. An ADU located entirely within an existing structure shall not be subject to these height regulations.

G. Setbacks. A new detached ADU constructed above a garage shall be a minimum of four feet from the side and rear property line. A new detached ADU shall be a minimum of four feet from the side property line and the primary residential unit. No setback is required for:

1. An existing garage that is converted to an ADU or JADU, or a portion of an ADU;

2. A conversion of an existing accessory structure to an ADU; or

3. Placement of an ADU within an existing residence, if side and rear yard access is determined to be sufficient for fire safety by the fire division.

H. Lot Coverage. The construction of an ADU shall not be included in the calculation for maximum lot coverage allowed on a parcel by this Zoning Code.

I. Connectivity and Access. No passageway shall be required between an ADU and the primary unit. An ADU that is created from conversion of floor within an existing dwelling unit or in an addition may have independent exterior access from the existing unit.

J. Design Compatibility. The design of any ADU requiring new construction or changes to the exterior of an existing structure shall be compatible with the existing primary unit as described in this chapter. Design compatibility is defined as matching or being generally similar to the primary unit with respect to:

1. Shape, style, size and placement of exterior doors and windows;

2. Building siding or cladding materials and colors; and

3. Style of roof, roofing materials, and roof pitch.

K. Historic District. An ADU constructed in an historic district shall comply with all applicable objective historic standards. Any ADU that may have a potentially significant impact on any real property that is listed in the California Register of Historic Places is subject to environmental review as required by the Section 15064.5 of the CEQA Guidelines (California Code of Regulations, Determining the Significance of Impacts to Archeological and Historical Resources).

L. Off-street Parking and Vehicular Access. The ADU shall be provided with one additional off-street parking space than required for a single-unit dwelling. The additional space may be covered, uncovered, or tandem. No replacement parking is required when a garage, carport, or covered parking structure is demolished or converted to allow for construction of an ADU. The requirement for an additional parking space is waived under any of the following conditions:

1. The ADU is fully contained within the proposed or existing primary unit or in an existing accessory structure;

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

3. The ADU is located on a street that requires on-street parking permits and where a parking permit is not offered or otherwise available to the occupant of the ADU;

4. The ADU is located on a property where access is from a street with an unobstructed width of less than twenty feet, except for approved security gates, as the California Fire Code requires for fire apparatus access;

5. The ADU is located on property within a designated historic district;

6. The ADU is located within one block of a car share program area.

M. Units for the Disabled. To encourage the development of housing units for disabled individuals and persons with limited mobility, the director may determine that reasonable deviation from the above requirements is necessary to install features that facilitate access and mobility for disabled persons. Such deviations may include the construction of ramps within the minimum side and rear yards, the design of doors and windows which are not completely architecturally consistent, and others as deemed appropriate.

A JADU, also known as an efficiency unit, may be created within the walls of a proposed or existing primary residential dwelling unit or primary unit subject to the following regulations:

A. There may be no more than one JADU per parcel;

B. The JADU shall have an area of at least one hundred fifty feet and may not exceed five hundred square feet;

C. The JADU shall be located entirely within the existing or proposed primary unit and have its own separate entrance except the existing building envelope may be expanded by up to one hundred fifty square feet to provide ingress and egress to the JADU;

D. The unit shall include an efficiency kitchen with a sink, cooking appliance, cooking surface and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed;

E. The JADU may share a bathroom with the primary residence or have its own bathroom;

F. No additional parking is required.

G. The JADU or primary unit must be owner-occupied. A deed restriction with this requirement shall be recorded with the Solano County Recorder prior to occupancy permit issuance.

A. Application requirements. Applications for ADUs and JADUs shall be submitted in writing on application forms issued by the planning division and shall include all of the information specified in application requirements established by the director including building plans with sufficient information to make a proper determination that the project meets the standards specified in Section 16.303.02, Required Standards.

B. Applications shall be signed by the property owner and shall be accompanied by the fee established by the Master Fee Schedule. In addition to any other information required by this Zoning Code or the director, the application shall include a statement of intention to consider leasing the unit as affordable housing and/or accepting vouchers under the federal Section 8 housing program.

C. Application review. An application that conforms with all of the applicable provisions of this chapter shall be reviewed and approved by the director as a ministerial action within sixty days of submittal. An applicant may request a delay in processing an ADU or JADU application in which case the sixty-day time period shall be tolled for the period of the delay. If an application to create an ADU or JADU is submitted with a permit application to create a new single-unit dwelling on the property, the city may delay action on the application for the ADU or JADU until it acts on the permit application for the new dwelling.

Prior to issuance of an occupancy permit, the applicant shall provide the director with proof of recordation with Solano County of a deed restriction that shall run with the land, which requires the rental term of an ADU to exceed thirty days. For a JADU, a deed restriction shall also be provided that requires owner-occupancy for the primary unit or JADU.

A. Appeals. A decision on a zoning clearance for an ADU may be appealed in accordance with Section 16.602.14, Appeals.

B. Expiration, Extensions and Modifications. A zoning clearance for an ADU is effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension, and Section 16.602.12.D, Changes to an Approved Permit.

C. Revocations. A zoning clearance for a ADU may be revoked pursuant to Chapter 16.615, Enforcement and Abatement. Pursuant to State Health and Safety Code Section 17980.12, an owner of an ADU that was built before January 1, 2020 may request a delay in enforcement until January 1, 2030 unless the correction is necessary to protect health and safety.