Chapter 24.430

ACCESSORY DWELLING UNIT REGULATIONS

Sections:

• 24.430.010 Purpose.

• 24.430.020 DeKnitions.

• 24.430.030 ENect of conforming.

• 24.430.040 Approvals.

• 24.430.050 General ADU and JADU requirements.

• 24.430.060 SpeciKc ADU requirements.

• 24.430.070 Fees.

• 24.430.080 Nonconforming zoning code conditions, building code violations, and unpermitted structures.

• 24.430.090 Nonconforming ADUs and discretionary approval.

1 This chapter, as repealed and replaced by Ord. 2024-012, is applicable in only noncoastal areas until adoption by the California Coastal Commission, at which point it will be e]ective in coastal areas.

The purpose of this chapter is to allow and regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

As used in this chapter, terms are deYned as follows:

“Accessory dwelling unit” or “ADU” means an attached or a 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 residence. An accessory dwelling unit also includes the following:

1. An e[ciency unit, as deYned by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as deYned by Section 18007 of the California Health and Safety Code.

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“Complete independent living facilities” means 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.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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“Director” means the community development director for the city of San Buenaventura.

“E[ciency kitchen” means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A 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 satisYes all of 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 structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

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

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 e[ciency kitchen, as deYned above.

“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

“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.

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

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

“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 Yxed 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.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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“Very high Yre hazard severity zones,” for purposes of this chapter, means very high Yre 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. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

An ADU or JADU that conforms to the standards in this chapter will not be:

• A. 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.

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

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

• D. Required to correct a nonconforming zoning condition, as deYned 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. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

The following approvals apply to ADUs and JADUs under this chapter:

• A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 24.430.050 it is allowed with only a building permit in the following scenarios:

  1. Converted on Single-Family Lot. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

     • a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

     • b. Has exterior access that is independent of that for the single-family dwelling; and

     • c. Has side and rear setbacks su[cient for Yre and safety, as dictated by applicable building and Yre codes;

     • d. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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2. Limited Detached on Single-Family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) of this section), if the detached ADU satisYes each of the following limitations:

   • a. The side- and rear-yard setbacks are at least four feet.

   • b. The total Zoor area is 800 square feet or smaller.

   • c. The peak height above grade does not exceed the applicable height limit in Section 24.430.050(B).

3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisYes all of the following:

   • a. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rearor side-yard setback of less than four feet, the city will not require any modiYcation to the multifamily dwelling as a condition of approving the ADU.

b. The peak height above grade does not exceed the applicable height limit provided in Section 24.430.050(B).

c. 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.

B. Permit Required.

1. 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 California Coastal Commission) except that no public hearing is required.

2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.

3. No ADU may be created without a building permit in compliance with the standards set forth in Sections 24.430.050 and 24.430.060.

• C. Process and Timing of Required Permits.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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1. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

   • a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

   • b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

2. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deYcient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(1) of this section.

3. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

The following requirements apply to all ADUs and JADUs that are approved under Section 24.430.040(A) or (B):

• A. Zoning.

  1. An ADU may be created on a lot in a residential or mixed-use zone.

  2. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

• B. Height.

1. A detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 18 feet in height, and 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. An ADU that is attached to the primary dwelling may not exceed 25 feet in height and two stories.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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3. For purposes of this subsection B, height is measured from the average established curb grade at the front lot line to the highest point of such building or other structure, except as provided in this section:

a. Sloping Lot. Except in the hillside area, in instances where the lot slopes up more than 10 percent, as measured from the front lot line to the rear lot line, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs shall be measured from the average Ynished grade at the corner points of the building line to the highest point of the building or other structure.

b. Through Lot. Except in the hillside area, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs, on a through lot shall be measured from the average elevation of the curb grade of the highest lot frontage to the highest point of the building or other structure.

c. R-1-B and R-2-B Zones. In the R-1-B and R-2-B zones only, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs, shall be measured from the top of the curb or the edge of the street pavement nearest to the front lot line, whichever is higher, to the highest point of the building or other structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for Yre sprinklers to be installed in the existing primary dwelling.

• D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an on-site wastewater treatment system, the owner must include with the application a percolation test completed within the last Yve years or, if the percolation test has been recertiYed, within the last 10 years.

G. Owner Occupancy.

1. ADUs created under this section on or after January 1, 2020, are not subject to an owner occupancy requirement.

2. As required by state law, all JADUs are subject to an owner occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. 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.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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H. Deed Restriction. Prior to issuance of a certiYcate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s o[ce and a copy Yled with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide the following:

1. Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

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

4. The deed restriction may be removed if the owner eliminates the ADU or 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 Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5. The deed restriction is enforceable by the director, or designee, for the beneYt of 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 ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

• I. Building and Safety.

1. Must Comply with Building Code. Subject to subsection (I)(2) of this section, all ADUs and JADUs must comply with all local building code requirements.

2. 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 city’s building o[cial or city’s code enforcement o[cer makes a written Ynding based on substantial evidence in the record that the construction of the ADU could have a speciYc, 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 section.

J. Coastal Zone. 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 blu]s. ADUs and JADUs shall not be permitted in existing buildings or

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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structures that are nonconforming as to coastal resource protection policies or development standards of the local coastal program.

K. Very High Fire Hazard Severity Zone. To protect against wildYres, 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 Yre hazard severity zones; however, JADUs are allowed. Within the very high Yre 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 Yre hazard severity zones are modiYed after an ADU application is submitted for a property not previously contained in the very high Yre hazard severity zone, then the ADU may be permitted upon satisfying all other requirements of this title. ADUs that fall under Government Code Section 66323, as detailed in subsection A of this section, are exempt from this requirement.

• L. Historic Resources. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must meet the following requirements:

  1. Location. The ADU shall be located completely behind the primary dwelling units and not be visible from any public right-of-way.

  2. Colors and Materials. Exterior materials and colors of the ADU must be the same as those of the primary dwelling unit.

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

  4. Roof. Roof pitch shall match that of the primary dwelling unit.

• M. Passageway. No passageway, as deYned by Section 24.430.020, is required for an ADU.

• N. Parking.

  1. Generally. No parking is required for ADUs or JADUs.

2. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those o]-street parking spaces are not required to be replaced except as required in subsection (N)(3) of this section.

3. ADU Mandatory Parking Area. If the lot is located within the boundaries of the ADU mandatory parking area (AMPA), as shown in “Exhibit 1” and “Exhibit 2” attached to the ordinance codiYed in this chapter, one parking space is required for the ADU or JADU in addition to the parking required for the primary residence. When an existing garage, carport, covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or JADU, or converted into an ADU 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 o]-street parking space for the ADU or JADU.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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4. Parking Design. The parking space may be provided in setback areas or as tandem parking, as deYned by Section 24.430.020. The parking space for the ADU must satisfy all of the following:

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

   • b. The ADU parking space may be tandem on a driveway, covered, or uncovered.

   • c. The dimensions of all parking spaces or driveways shall be nine feet by 20 feet. (Ord. No. 2024-013,

   • § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

The following requirements apply only to ADUs that do not meet the requirement of Section 24.430.040(A)

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the Zoor area of the existing primary dwelling.

3. Application of other development standards in this section, such as Zoor area ratio (“FAR”) or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) of this section or of a FAR, front setback, lot coverage limit, or open space requirement may require the ADU to be less than 800 square feet.

• B. Site Coverage. No ADU subject to this section may cause the total site coverage of the lot to exceed the amount listed in the table below, subject to subsection (A)(3) of this section.

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----- Start of picture text -----
Zone District Site Coverage
R-1 35%
R-2, R-2-B, R-3, Others not listed 60%
R-1-B 40%
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• C. Setbacks.

  1. ADUs that are subject to this section must conform to four-foot side and rear setbacks and to the front setback established below, subject to subsection (A)(3) of this section.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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Zone District Front Setback
R-1, R-2 20% depth of the lot, but need not exceed 25 feet
R-1-B, R-2-B, Others not listed 20 feet
R-3 20% the depth of lot or 20 feet, whichever is less
Other 20 feet
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2. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

• D. Architectural Requirements.

  1. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

  2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

  3. The exterior lighting must be limited to down-lights or as otherwise required by the building or Yre code.

  4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

  5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

6. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

E. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section 24.430.050(B)(2). (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

The following requirements apply to all ADUs that are approved under Section 24.430.040(A) or (B).

• A. Impact Fees.

  1. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection A, “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b))

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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and a fee under the Quimby Act (Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the Zoor area of the ADU, divided by the Zoor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

• B. Utility Fees.

  1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

  2. Except as described in subsection (B)(1) of this section, converted ADUs on a single-family lot that are created under Section 24.430.040(A) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in subsection (B)(1) of this section, all ADUs that are not covered by subsection (B)(2) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

• a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the Zoor area or the number of drainage-Yxture units (DFU) values, as deYned by the Uniform Plumbing Code, upon the water or sewer system.

b. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

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 a]ected by the construction of the ADU or JADU.

• B. Unpermitted ADUs and JADUs Constructed Before 2020.

  1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

     • a. The ADU or JADU violates applicable building standards; or

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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• b. The ADU or JADU does not comply with state ADU or JADU law (Government Code Title 7, Division 1, Chapter 13, Article 2) or this ADU chapter.

2. Exceptions.

   • a. Notwithstanding subsection (B)(1) of this section, 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 Ynding that correcting a violation is necessary to comply with the standards speciYed in California Health and Safety Code Section 17920.3.

   • b. 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. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

Any proposed ADU or JADU that would otherwise be allowed under this chapter but that does not conform to the objective design or development standards set forth in Sections 24.430.030 through 24.430.080 may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title. (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)