Chapter 24.430 — ACCESSORY DWELLING UNIT REGULATIONS

Sections:

• 24.430.010 Chapter Description.

• 24.430.020 Definitions.

• 24.430.025 Effect of Conforming.

• 24.430.030 Application and Processing Procedures.

• 24.430.040 Locations.

• 24.430.050 ADUs per Government Code Section 65852.2(e).

• 24.430.060 Development Standards.

• 24.430.070 Parking.

• 24.430.080 Fees and Utility Connections.

• 24.430.090 Building and Safety Requirements.

• 24.430.100 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Prior legislation: Code 1971 §§ 15.630.010 – 15.630.030.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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This chapter establishes residential accessory dwelling unit (“ADU”) regulations to provide a mechanism for accommodating ADUs in appropriate residential and mixed-use areas and governs the creation of ADUs within the city. These provisions are intended to help preserve the character of neighborhoods by ensuring that ADUs are developed under appropriate conditions, and to further the legislative policies of Government Code Sections 65852.2 and 65852.22. Should Sections 65852.2 and 65852.22 of the Government Code be amended and brought into conflict with this chapter, those portions of California Government Code Sections 65852.2 and 65852.22 that conflict with this chapter shall control. All other portions of this chapter shall be deemed to be in full effect. (Ord. No. 2023-009, § 6, 10-23-23)

“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling. The term ADU also includes an “efficiency unit” as defined in Health and Safety Code Section 17958.1 and a “manufactured home” as defined in Health and Safety Code Section 18007. The term “ADU” captures the terms and supersedes the terms “residential second units” and “carriage houses” under this code and any adopted development code of a specific plan or community plan; however, any residential second unit or carriage house which was lawfully permitted prior to January 1, 2017, shall remain subject to the rules, regulations, and ordinances in effect at the time the residential second unit or carriage house was approved by the city.

“Attached accessory dwelling unit” or “attached ADU” means an ADU attached to or located within the proposed or existing primary dwelling unit including attached garages, storage areas, or other similar uses. The ADU may be a new construction addition or a conversion of existing space.

“Detached accessory dwelling unit” or “detached ADU” means an ADU within an accessory building detached from the primary dwelling unit. The accessory building may be new construction or a conversion of an existing accessory structure.

“Efficiency kitchen” means a kitchen that includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of a reasonable size in relation to the size of the JADU.

“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all the following:

1. It is no more than 500 square feet in size.

2. It is contained entirely within an existing or proposed single-family residence. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family residence.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. It includes its own separate sanitation facilities or shares sanitation facilities with the single-family residence.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in this section.

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

“Multifamily dwelling unit,” for the purposes of this chapter, means two or more dwelling units in a single structure on the lot where an ADU would be located.

“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

“Primary dwelling unit,” for purposes of this chapter, means any single-family residence on the lot where an ADU would be located.

“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

“Very high fire hazard severity zones,” for purposes of this chapter means very high fire hazard severity zones as shown on the fire hazard severity zone maps prepared by the Fire and Resource Assessment Program/California Department of Forestry and Fire Protection. (Ord. No. 2023-009, § 6, 10-23-23)

• A. An ADU or JADU that conforms to the standards in this section will not be:

  1. Deemed to be inconsistent with the city’s general plan (or, for properties located in the coastal zone, with the city’s local coastal program) and zoning designation for the lot on which the ADU or JADU is located.

  2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

  3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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4. Required to correct a nonconforming zoning condition, as defined in Section 24.430.020. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. (Ord. No. 2023-009, § 6, 10-23-23)

A. Before constructing an ADU or JADU or converting a legally permitted existing structure to an ADU, an applicant must apply for a building permit. Any ADU that satisfies the requirements of this chapter shall be ministerially approved.

B. For properties located in the coastal zone, all ADUs and JADUs shall comply with current building codes and shall require either a coastal exemption, coastal exclusion, or coastal development permit, and shall be processed pursuant to Chapter 24.515 (including in terms of public noticing and process for appeal to the Coastal Commission), except that no public hearing is required. (Ord. No. 2023-009, § 6, 10-23-23)

A. Notwithstanding any other provisions of this code, the development of ADUs and JADUs is permitted on all lots zoned for residential or mixed-use development with the following provisions and exceptions as outlined in this code:

B. An ADU or JADU must be located on a lot developed with or proposed to be developed with one or more residential units and on the same lot as a single-family residence, multifamily structure, or mixed-use building.

C. If an ADU is proposed on a lot located in the Coastal Zone, the ADU shall be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable local coastal program policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, public access, and coastal bluffs. ADUs and/or JADUs shall not be permitted in existing buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the local coastal program.

D. To protect against wildfires, maintain necessary defensible space around existing structures, and allow for better egress in an emergency, no ADUs shall be permitted in areas within designated very high fire hazard severity zones; however, JADUs are allowed. Within the very high fire hazard severity zones, for ADU applications submitted on or before May 13, 2022, an ADU shall be permitted upon satisfying all other requirements of this title. If the very high fire hazard severity zones are modified after an ADU application is submitted for a property not previously contained in the very high fire hazard severity zone, then the ADU may be permitted upon satisfying all other requirements of this title. ADUs that fall under Government Code Section 65852.2(e) are exempt from this requirement. (Ord. No. 2023-009, § 6, 10-23-23)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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A. An ADU or JADU that complies with the requirements of Government Code Section 65852.2(e) and/or 65852.22, as outlined in this section, shall not be subject to the standards set forth in Sections 24.430.060 and 24.430.070, unless explicitly provided in those sections. One of the following two categories of ADUs are permitted per each lot within a residential or mixed-use zone:

1. Single-Family Lots. Up to one conversion ADU, one detached new construction ADU, and one JADU are permitted per lot with an existing or proposed single-family residence.

   • a. Conversion. One ADU and JADU within the walls of the single-family residence, or an ADU within an existing accessory structure are permitted per lot. The existing accessory structure may be expanded up to 150 additional square feet to accommodate ingress and egress for the ADU. All converted ADUs/JADUs must have exterior access from the single-family residence and have side and rear setbacks sufficient for fire and safety, and approved by the fire code official. JADUs must comply with Government Code Section 65852.22. Lots with multiple detached single-family residences are eligible to have a maximum of one JADU. Conversion ADUs may be attached or detached. JADUs must be attached.

b. New Construction. One detached new construction ADU is permitted per lot that does not exceed four-foot side and rear yard setbacks and is limited to a maximum unit size requirement of 800 square feet. An ADU that is detached from the primary dwelling unit shall not exceed a height of 16 feet and one story, except as follows:

  - i. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. 

  - ii. The ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 

2. Multifamily Lots. At least one conversion ADU in an existing structure and two detached new construction ADUs are permitted per multifamily lot.

   • a. Conversion. Multiple accessory dwelling units, up to 25 percent of the number of existing multifamily dwelling units, are permitted per lots with existing multifamily structures. These units must be converted from the portions of existing multifamily dwelling structures that are not used as living area, including but not limited to storage rooms, boiler rooms, passageways, or garages if each unit complies with state building standards for dwellings. Conversion ADUs may be attached or detached. For the purposes of this subsection, attics and basements are not considered living area.

s must be converted from the portions of existing multifamily dwelling structures that are not used as living area, including but not limited to storage rooms, boiler rooms, passageways, or garages if each unit complies with state building standards for dwellings. Conversion ADUs may be attached or detached. For the purposes of this subsection, attics and basements are not considered living area.

b. New Construction. Up to two detached new construction accessory dwelling units are permitted per lot with existing or proposed multifamily structures that do not exceed four-foot side and rear yard setbacks and have a peak height that does not exceed 18 feet in height. If the existing multifamily

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the existing multifamily dwelling as a condition of approving the ADU. (Ord. No. 2010-014, § 3 (Exh. A), 11-22-10; Ord. No. 2023-009, § 6, 10-23-23)

ADUs and JADUs shall be subject to the following development standards:

• A. Number of ADUs and JADUs.

  1. Single-Family Lots.

     • a. See Section 24.430.050(A)(1).

  2. Multifamily Lots.

a. See Section 24.430.050(A)(2). When the 25 percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.

• B. Size.

1. An ADU and/or JADU may not be smaller than the minimum efficiency unit size established in Health and Safety Code Section 17958.1, set at 150 square feet.

   2. Attached ADUs. The total floor area of an attached ADU shall not exceed the greater of 800 square feet or 50 percent of the primary residence’s living area.

   3. Detached ADUs. The total floor area of a detached new construction ADU shall not exceed 1,200 square feet.

   4. JADU. The total floor area of a JADU may not exceed 500 square feet and may not expand beyond the existing single-family residence.

• C. Conversion of Existing Space.

1. The conversion of garages, sheds, barns, and other existing legally permitted accessory structures, either attached or detached from the primary residence, into ADUs is permitted. These conversions of accessory structures are not subject to any additional development standard, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under current building and safety codes. The converted structure must meet standards for health and safety to qualify.

2. An ADU created within the existing or proposed space of a single-family residence or accessory structure can be expanded beyond the physical dimensions of the structure. These types of ADUs must comply with all other requirements including, but not limited to, size, height, and setbacks.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. An ADU created within an existing accessory structure may be expanded up to 150 square feet without application of development standards, but this expansion shall be limited to accommodating ingress and egress. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs must comply with all other requirements including, but not limited to, size, height, and setbacks.

• D. Height.

  1. Height Determination. The height of ADUs shall be determined in accordance with Section 24.405.040.

  2. Attached ADUs and/or JADUs. An ADU or JADU that is attached to the primary residence shall comply with the height requirements applicable to the primary dwelling unit or shall not exceed 25 feet in height, whichever is greater. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.

  3. Detached ADUs. An ADU that is detached from the primary residence shall not exceed 25 feet and two stories.

E. Setbacks.

1. Attached or detached new construction ADUs shall comply with the setback requirements applicable to the primary residence, except that the rear and side setbacks may be a minimum of four feet. An ADU constructed above an existing nonconforming structure shall be stepped back a minimum of four feet from the side and rear property lines. For an ADU that is converted from an existing accessory structure, no additional setbacks beyond the existing accessory structure setback are required beyond those required by the adopted California Building Standards and local ordinance.

2. If any portion of a new construction ADU is located in front of the existing primary residence, then the front yard setbacks shall be the same as those required for the primary residence. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet if no other location is feasible.

3. JADUs must comply with the setback requirements applicable to the primary residence.

4. Exceptions.

a. Setbacks must be large enough to account for utility easements or recorded setbacks. In cases where these required utility easements or recorded setbacks exceed four feet, the edge of the required utility easement and/or recorded setback shall be the minimum setback for the ADU.

F. Lot Coverage.

1. The maximum allowable lot coverage for all structures on a property shall follow the requirements outlined in the underlying zoning district. However, lot coverage requirements must permit an accessory dwelling unit up to 800 square feet. Any floor area above 800 square feet will count towards the lot coverage calculation for the property.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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G. Separation.

1. An ADU that is attached to the primary dwelling unit shall comply with the separation requirements applicable to the primary residence.

2. An ADU that is detached from the primary dwelling unit shall provide a minimum six-foot separation between the ADU and the primary dwelling unit or other accessory building where feasible. A detached ADU of up to 800 square feet, with four-foot rear and side yard setbacks, can be built in the minimum required separation distance area if this is the only allowable space.

• H. Design Features and Other Requirements.

  1. The ADU’s and/or JADU’s colors and materials shall match the primary dwelling unit.

2. The ADU can have a second-story outdoor balcony, deck, patio, or roof deck that is not closer than 10 feet from any property line, unless that architectural feature already exists and is incorporated into an ADU (or JADU) through conversion of any portion of an existing structure or an existing accessory structure. All outdoor balconies, decks, patios, and roof decks must be within the height limitations as provided for in subsection D of this section.

3. If an automatic fire sprinkler system is required for the primary dwelling unit, the ADU must also provide an automatic fire sprinkler system.

4. Newly constructed ADUs are subject to the Energy Code requirement to provide solar panels if the unit(s) is a newly constructed, nonmanufactured, detached ADU. Per the California Energy Commission (CEC), the panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from nonresidential to residential space, are not subject to the Energy Code requirement to provide solar panels.

5. Both ADUs and JADUs shall include separate exterior access from the main entrance to the single-family residence.

6. If the JADU does not include its own separate bathroom, then it must contain an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

7. The primary dwelling unit and the ADU and/or JADU may be rented only for terms longer than 30 days.

8. The ADU may not be sold or conveyed separately from the primary residence except as allowable by law under Government Code Section 65852.26, as may be amended.

9. The ADU and/or JADU and the property shall be maintained in accordance with all applicable requirements and standards.

10. Any violation will be subject to penalties as provided in Chapters 1.050 and 1.150.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• I. Deed Restrictions and Covenants Required.

  1. The property owner shall record a covenant running with the land establishing the following:

a. If the property includes a JADU, the property owner must be an occupant of either the primary dwelling unit or the JADU. If the property includes an ADU, but no JADU, both the primary dwelling unit and ADU may be renter-occupied. However, the owner-occupancy requirement in this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. An exception to the JADU owner-occupant requirement can be granted by the community development director if the property owner is able to establish a bona fide hardship to the restrictions as follows:

• i. The owner is hospitalized or requires daily living assistance that does not allow the owner to physically live on the property; or

• ii. The owner is on active military duty which precludes the owner from being able to occupy the property.

b. Prior to occupancy, the JADU shall have a recorded deed restriction, satisfactory to the city, that prohibits the sale of the JADU separate from the sale of the single-family residence and shall include a statement that the deed restriction may be enforced against future purchasers and shall run with the land.

• J. Historic Resources.

1. ADUs on any real property listed in the California Register of Historic Places must meet design standards and guidelines meant to prevent adverse impacts on any real property listed in the California Register of Historic Resources. Where this section uses the term “consistent,” that shall mean to be compatible and similar to that of the resource but not precisely the same for the purpose of complying with the Secretary of the Interior’s Standards for the Treatment of Historic Properties: Rehabilitation as a Treatment and Standards for Rehabilitation. Guidelines shall include, without limitation, the following provisions:

• a. Architecture. The ADU must be consistent with the architectural style of the historic place, landmark, or district.

• b. Landscaping. Any historically significant landscaping shall be protected and maintained on site.

• c. Height. Newly constructed attached or detached ADUs shall not exceed the height of the existing structure.

d. Materials. The materials used in the ADU must be consistent with those of the historic place, landmark, or district.

• e. Color. The ADU shall be consistent with the color of the existing primary residence.

• f. Details. Use of details such as cornices, lintels and arches shall be consistent with existing designs.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• g. Elements. Compatible elements such as balconies, porches and chimneys shall be consistent with the architectural style of the historic place, landmark, or district.

• h. Roof. Roof shapes and materials shall be consistent with the shape, scale and style of the landmarks or points of interest.

• i. Grounds. Newly constructed ADUs shall be located at the rear of the property and should not be the main focal point from the street.

• j. Signs. Any signage shall match the sign program for the area. (Ord. No. 2023-009, § 6, 10-23-23)

• A. No additional parking is required for ADUs except for properties located within the coastal zone.

B. If the lot is within the coastal zone and located within the boundaries of the ADU mandatory parking area (AMPA), as shown in “Exhibit 1” and “Exhibit 2” attached to the ordinance codified in this section, one parking space is required for the ADU and/or JADU in addition to the parking required for the primary residence. When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU and/or JADU, or converted into an ADU and/or JADU within the AMPA, the required parking spaces that are displaced by the demolition or conversion shall be replaced on the same lot in order to satisfy the parking requirement of the existing primary dwelling unit, in addition to providing the required one off-street parking space for the ADU and/or JADU.

• C. The parking space for the ADU must satisfy all the following:

  1. Required yards and open space may not be used for parking.

  2. The ADU’s parking space may be tandem on a driveway, covered, or uncovered.

  3. The dimensions of all parking spaces or driveways shall comply with the requirements set forth in Section 24.415.020. (Ord. No. 2023-009, § 6, 10-23-23)

A. The property owner shall pay all sewer, water, school district, and other applicable fees, including development impact fees.

B. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. Should an ADU be 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. For an ADU on a lot with a multifamily residence, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• C. An ADU of 500 square feet or less is exempt from school impact fees.

D. The property owner shall pay all applicable connection fees and capacity charges, except as provided in subsections E and F of this section.

E. An ADU converted from existing space and JADUs shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family residence.

F. An ADU shall be equipped with a water submeter, pursuant to Section 22.130.015, but shall not require a separate water or sewer utility connection from the primary dwelling unit.

G. If an ADU will use a private sewage disposal system, the property owner shall obtain approval by the Los Angeles Regional Water Quality Control Board and the city building division. (Ord. No. 2023-009, § 6, 10-23-23)

A. Structural Assessment. An ADU conversion of existing structures built prior to 1970 will require structural assessment in accordance with ASCE 41-13.

• B. Utility Equipment. Each ADU must have its own water heater and space heating.

C. Building Permits. Each ADU must obtain all required building permits in compliance with current California Building Standards Codes (California Code of Regulations, Chapter 24) and local ordinances.

D. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division 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 D 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 section. (Ord. No. 2023-009, § 6, 10-23-23)

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

• B. Unpermitted ADUs Constructed Before 2018.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted, ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

   • a. The ADU violates applicable building standards;

   • b. The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this chapter.

• C. Exceptions.

  1. Notwithstanding subsection (B)(1) of this section, the city may deny a permit to legalize an existing, but unpermitted, ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

  2. Subsection (B)(1) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. No. 2023-009, § 6, 10-23-23)