Article 5 — Accessory Dwelling Units

Consistent with California Code of Regulations Title 7, Division 1, Chapter 4 and California Government Code Section 66314 et seq., and the purpose of this article is to allow accessory dwelling units in all zones which permit single-family or multiple-family dwellings or religious assembly uses, and to allow junior accessory dwelling units in all zones which permit single-family dwellings. The provisions of this article are intended to promote the development of small rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes, and for persons who are elderly or have disabilities. The provisions of this article are also intended to establish objective criteria for accessory dwelling units and

junior accessory dwelling units to streamline the review process in compliance with state law. (§7, Ord. 2018, eff. 8/14/03 and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17; §23, Ord. 2210, eff. 10/22/21; §3, Ord. 2241, eff. 7/19/24; §3(3), Ord. 2246, eff. 11/15/24)

Pursuant to Section 66319 of the California Government Code, accessory dwelling units and junior accessory dwelling units are not included in the minimum or maximum density calculations established by the underlying zoning district. (§3(3), Ord. 2246, eff. 11/15/24)

A. Single-Family Residential. Where permitted by the land use regulations of the base district, one (1) accessory dwelling unit from Type 1 as specified below, one (1) accessory dwelling unit from Type 2 as specified below, and one (1) junior accessory dwelling unit subject to the requirements of Section 10-2.3.505 are permitted on lots containing an existing or proposed single-family dwelling. Units from Types 1.a-c and 2.a shall be considered "state exempt ADUs."

1. Type 1 – Attached/Conversion ADUs.

a. An accessory dwelling unit within a proposed single-family dwelling which has already been granted design review approval pursuant to Part IV, Article 12, Design Review, or issued a building permit pursuant to Title 9, Building Regulations. Such units shall include an exterior entrance independent of the primary dwelling, and may be located within a garage or carport attached to the primary dwelling.

b. Conversion of a portion of an existing single-family dwelling to an accessory dwelling unit. Such units shall include an exterior entrance independent of the primary dwelling, and may be located within a garage or carport attached to the primary dwelling.

c. Conversion of an existing accessory structure to an accessory dwelling unit, with up to one hundred fifty (150) square feet of additional floor area if necessary to accommodate ingress and egress.

d. A new construction accessory dwelling unit attached to an existing single-family dwelling, provided the unit is proposed or constructed prior to any other accessory dwelling units on the lot.

2. Type 2 – Detached New Construction ADUs.

a. A detached new construction accessory dwelling unit not exceeding eight hundred (800) square feet in floor area or the building height permitted under Section 10-2.3.504(A)(3)(a), and located at least four (4) feet from all interior side, corner side, and rear lot lines.

b. A detached new construction accessory dwelling unit exceeding eight hundred (800) square feet in floor area, provided the unit is proposed or constructed prior to any other accessory dwelling units on the lot

B. Multiple-Family Residential. Where permitted by the land use regulations of the base district, multiple state exempt ADUs described below are permitted on lots containing an existing or proposed multiple-family dwelling structure or structures, as follows:

1. All lots are permitted multiple detached accessory dwelling units not exceeding the building height permitted under Section 10-2.3.504(A)(3)(a), and located at least four (4) feet from all interior side, corner side, and rear lot

lines. The maximum number of detached accessory dwelling units shall be as follows:

a. On lots with an existing multiple-family dwelling structure(s), the number of detached accessory dwelling units shall not exceed the number of existing units on the lot or eight (8), whichever is less.

b. On lots with a proposed multiple-family dwelling structure(s), no more than two (2) detached accessory dwelling units may be added to the project regardless of whether the project is still under review, has already been granted design review approval pursuant to Part IV, Article 12, Design Review, or has been issued a building permit pursuant to Title 9, Building Regulations. For the purposes of this subsection (B), this provision shall not apply to a lot that proposes to expand existing multiple-family dwelling structure(s).

2. For existing multiple-family dwelling structure(s), the maximum number of converted accessory dwelling units located completely within existing areas not used as livable space within the multiple-family dwelling structure(s) (including any attached garages or carports), shall not exceed twenty-five percent (25%) of the total number of existing multiple-family dwelling units on the lot, or at least one (1) unit, whichever is greater. For purposes of this subsection, "livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation; however, if "livable space" is defined differently in California Government Code Section 66313 or its successor statute, the latter definition shall control.

C. Lots With a Religious Assembly Use. Where permitted by the land use regulations of the base district, not more than two (2) accessory dwelling units shall be located on a single lot containing a religious assembly use, when the following requirements are met:

1. The lot is owned entirely by the entity that operates the on-site religious assembly use.

2. The lot is located in a zone that permits religious assembly uses.

When a lot contains a religious assembly use and a single-family and/or multiple-family dwelling, the accessory dwelling unit permitted due to the religious assembly use shall be in addition to any accessory dwelling units permitted due to the single-family and/or multiple-family dwelling. For the purposes of this section, when a religious assembly use occupies multiple lots, only one (1) of these lots shall be eligible for an accessory dwelling unit; provided, that if the accessory dwelling unit is not located on the lot containing the primary building used for religious services, a covenant shall be recorded on the lot containing the accessory dwelling unit prohibiting separate conveyance of said accessory dwelling unit lot from the lot containing said religious services building. (§7, Ord. 2018, eff. 8/14/03, and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17; §23, Ord. 2210, eff. 10/22/21; §3(3), Ord. 2246, eff. 11/15/24; §3, Ord. 2250, eff. 9/5/25. Formerly 10-2.3.502)

The following property development standards shall apply to all accessory dwelling units other than those state exempt ADUs permitted pursuant to Sections 10-2.3.503(A)(1)(a) through (A)(1)(c), (A)(2)(a), and (B), located in the base districts where they are a permitted use. Pursuant to Section 66323 of the California Government Code, accessory dwelling units permitted pursuant to Sections 10-2.3.503(A)(1)(a) through (A)(1)(c), (A)(2)(a), and (B) are exempt from all property development regulations (including, but not limited to, setbacks, height, density, lot coverage, distance between buildings, minimum or maximum floor area ratio, design review, landscaping, storage space for residential units, nonconforming conditions, elevators, parking and loading, hillside performance standards, and property development standards for accessory dwelling units) contained elsewhere in this chapter, including any planned development district or overlay zone, and also the provisions of Title 3, Chapter 8, Preservation of Trees on Private Property.

A. Property Development Regulations. All property development regulations of the base district in which the property is located shall apply, except as otherwise specified in this article. In the P-D and H-P-D or their successor districts, where no standards are specified, the development standards based on the district that most closely matches existing development in regards to land use and lot size (but not over the lot size) shall apply. The following exceptions shall apply in all base districts:

1. No greater than a four (4) foot setback from any interior side, corner side, or rear lot line shall be required for an accessory dwelling unit.

2. The maximum lot coverage, minimum open space, front setback, and floor area ratio shall be waived in the amounts necessary to accommodate an accessory dwelling unit with a gross floor area of up to eight hundred (800) square feet in compliance with the requirements of subsection (A)(1) of this section.

3. The maximum building height of the base district shall apply to accessory dwelling units, or portions thereof, that comply with the minimum setbacks of the base district. For all other accessory dwelling units, or portions thereof, the maximum building height shall be as follows:

a. Sixteen (16) feet for a detached accessory dwelling unit, except as follows:

i. Eighteen (18) feet shall be allowed on lots within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the California Public Resources Code, plus an additional two (2) feet to accommodate a roof pitch matching that of the primary dwelling structure.

ii. Eighteen (18) feet shall be allowed on lots with an existing or proposed multilevel multifamily dwelling.

b. Twenty-five (25) feet, but not more than two (2) stories, for an attached accessory dwelling unit.

4. Notwithstanding any other provisions, when a new accessory dwelling unit structure is constructed in the same location and to the same dimensions as an existing structure (as measured by existing width, length, and height), the setbacks and height of the existing structure shall apply. This provision shall not prohibit a new structure that is intended to replace an existing structure from deviating from the dimensions of the existing structure, provided such deviation complies with all regulations applicable to a new structure.

B. Size. The maximum gross floor area for an accessory dwelling unit shall be based on net lot area as follows:

In addition to the foregoing limits, if greater than eight hundred (800) square feet, the gross floor area of an attached accessory dwelling unit connected to an existing single-family dwelling shall not exceed fifty (50) percent of the gross floor area of the existing single-family dwelling or religious assembly use.

C. Design.

1. Lots With a Single-Family or Multifamily Dwelling.

a. Exterior Entrances. An exterior entrance shall be provided for all accessory dwelling units, independent of the exterior entrance for the main dwelling. No exterior entrance to an attached accessory dwelling unit shall be located on the same building side as the main entrance to the main dwelling.

b. Internal Connections. All internal connections between an attached accessory dwelling unit and the main dwelling shall be secured by a door which can be locked independently from either side.

c. Architecture. The accessory dwelling unit shall be architecturally consistent with the main building by meeting the following requirements:

i. Exterior Siding and Trim. The accessory dwelling unit shall use the same exterior siding and trim materials as the main building, such as wood paneling or shingles, stucco, etc. When a main building uses multiple materials for siding and/or trim, the accessory dwelling unit shall use whichever material occupies the greatest percentage of the main building's siding and/or trim, as applicable.

ii. Building Shape. Non-rectangular (circular or triangular) floor plans, or exterior elements of floor plans, are not permitted unless matching the shape of the main building floor plan.

iii. Roof Form/Pitch. The accessory dwelling unit shall use the same roof form (e.g., hip, gable, etc.) and pitch as the roof form and pitch covering the greatest portion of the main building.

iv. Roof Materials. The accessory dwelling unit shall use the same roof material as the main building. When a main building uses multiple roof materials, the accessory dwelling unit shall use whichever material occupies the greatest percentage of the main building's roof.

v. Windows. The accessory dwelling unit's windows shall match at least two (2) of the following window design features of the main building's front facade (or street side facade if containing the main building entrance):

I. Type.

II. Shape.

III. Trim material and/or color.

IV. Mullions.

V. Lintels.

vi. Exceptions. The requirements of subsections (C)(1)(c)(i), (C)(1)(c)(iv), and (C)(1)(c)(v) of this section may be waived as follows:

I. If any standard conflicts with the California State Building Code or the City's Municipal Code, such standard shall be waived.

II. If any of the listed materials or window style, etc., for an existing dwelling are no longer commercially available, such standard may be waived; provided, that the accessory dwelling unit shall use a material or window style as close to the original as feasible, as determined by the Community Development Director.

III. Fiber cement or other composite materials, such as Hardie siding, may be used in lieu of natural wood siding, trim and/or roof materials; provided, that the dimensions of the new materials match those of the existing ones, as determined by the Community Development Director.

2. Lots With a Religious Assembly Use.

a. Attached accessory dwelling units shall be subject to the above provisions for lots with single-family or multiple-family dwellings, except that the accessory dwelling unit shall match the predominant building form, roof, and window placement/type of the main building, not including minarets, spires, and other architectural features that extend from the main roof, or stained-glass windows. Where stained glass-windows are the predominant window type of the main building, the accessory dwelling unit shall match the window shape but not the stained-glass treatment.

b. Detached accessory dwelling units shall be subject to the Design Review Standards and Guidelines for singlefamily dwellings, except that they shall utilize the same colors for exterior siding and trim as the predominant colors based on square footage covered of the main building. Exceptions may be requested as provided in the Standards and Guidelines.

D. Additional Design Standards for Garage Conversions. In cases where an accessory dwelling unit is created through the conversion of an existing garage and an addition over one hundred fifty (150) square feet is proposed, the garage conversion shall be architecturally consistent with the main building through one (1) of the following options:

1. The garage door is left operational to provide access to a storage space that is separated from the accessory dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. Adding new window openings or pass doors onto the garage door is prohibited.

2. The garage door is removed entirely and replaced with fenestration elements that are architecturally consistent with the main building as outlined under subsection (C) of this section. A landscaped area shall be installed to provide a minimum of three (3) feet of separation between the driveway and the former garage door. This landscaped area may be reduced to a depth as little as one (1) foot to maintain a minimum driveway length of eighteen (18) feet, as measured from the street line. No landscaping is required when the driveway serving the existing garage is less than nineteen (19) feet in length, as measured from the street line.

E. Off-Street Parking. No parking spaces are required for accessory dwelling units.

F. Second-Story Windows. Second-story windows located within ten (10) feet of a side or rear property line in an R, D-3, or SFH-PD1 district, or on a lot containing a single-family dwelling or religious assembly use in an M-3, H-P-D, or P-D district, shall have a sill height of not less than five (5) feet above the second-story floor.

G. Additional Limitations for Hillside Lots. The following limitations shall apply to any accessory dwelling unit located on any lot, or portion thereof, with an average slope of fifteen (15) percent or greater (as defined by one (1) of the density determination methods described in Section 10-2.3.406), unless located within the Core Area or Rossmoor (as defined in Section 10-2.3.402, Definitions):

1. Due to the high levels of risk of property damage and personal injury, there shall be no grading or construction of any kind on any portion of the site where the true slope exceeds thirty percent (30%).

2. There shall be no grading or construction of any kind within the area surrounding any highly protected tree for a distance of one and one-half (1-1/2) times the distance from the trunk to the dripline (as those terms are defined in Section 3-8.02).

3. Grading shall only be allowed for driveways; garage pads; cuts under the accessory dwelling unit; cuts on the uphill side of the accessory dwelling unit which are screened from public view by the accessory dwelling unit or existing vegetation; sight distance requirements; drainage; and soil stability purposes. All grading shall be done in such a manner that it presents a finished look of rounded slopes. All exposed graded areas shall be hydroseeded/relandscaped to minimize erosion.

4. No accessory dwelling unit shall be constructed within a one hundred (100) foot vertical drop from the ridgeline of any visually prominent ridge (as defined in Section 10-2.3.402) or in such a manner that it breaks the skyline of any visually prominent ridge as viewed continuously for more than one thousand (1,000) feet from any freeway, arterial, or scenic corridor within the City limits.

5. No accessory dwelling unit shall be constructed upon a rock outcropping which covers more than two hundred (200) square feet of land area.

6. No accessory dwelling unit shall be built within fifty (50) feet of a fault line, within fifty (50) feet of the top of a creek bank (as defined in Section 10-2.3.402), or within that setback from a known landslide area recommended in a soils report prepared for the proposed development. Where significant riparian vegetation exists beyond the limits required above for creek setbacks, the setback line shall be extended to include such areas.

7. All mechanical equipment on site shall be enclosed on all sides with an opaque vertical screen or wall at least as tall as the tallest piece of equipment.

8. Exterior lighting shall be designed and installed in such a manner that the light source is shielded from view off the site.

9. The ground floor of the portion of a building containing an accessory dwelling unit shall not be located more than four (4) feet above the base elevation (as defined in Section 10-2.1.303). (§7, Ord. 2018, eff. 8/14/03 and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17; §§13, 14, Ord. 2188, eff. 3/8/19; §23, Ord. 2210, eff. 10/22/21; §4, Ord. 2239, eff. 7/5/24; §3, Ord. 2241, eff. 7/19/24; §3(3), Ord. 2246, eff. 11/15/24; §3, Ord. 2250, eff. 9/5/25. Formerly 10-2.3.503)

The following regulations shall apply to all accessory dwelling units:

A. Compliance With Building Code Regulations and Applicable Laws. Notwithstanding any other provision of this article, all accessory dwelling units shall comply with all applicable provisions of Title 9, Building Regulations, and any applicable state or federal law.

B. Length of Tenancy. The rental period or lease term for any accessory dwelling unit constructed pursuant to a building permit issued on or after January 1, 2020, shall be a minimum of thirty-one (31) days.

C. Sale Prohibited. An accessory dwelling unit shall not be sold or otherwise conveyed separately from the main building. Notwithstanding the foregoing, an accessory dwelling unit may be sold or conveyed separately from the main building to a qualified buyer if the accessory dwelling unit or primary dwelling was built or developed by a qualified nonprofit corporation as defined by Section 66340 of the California Government Code, and only if the sale complies with the requirements under Section 66341 of the California Government Code.

D. Delayed Enforcement. Notwithstanding any other provisions of this code, including but not limited to Chapter 2 of Title 1, Penalty Provisions, Chapter 7 of Title 1, Administrative Citations and Fines, and Chapter 0.5 of Title 9, Administration, a property owner who receives a notice of violation or similar correspondence from the City regarding a violation of Title 9, Building Regulations, in regards to an accessory dwelling unit constructed prior to January 1, 2020, may submit to the Building Official a request for a delay in enforcement pursuant to Section 17980.12 of the California Health and Safety Code, as it may be amended. Such request shall be made in writing, and shall include an explanation of the reason for the request. The Building Official shall review the request in accordance with Section 17980.12 of the California Health and Safety Code, and, except for issues that relate to an immediate danger to health or safety, shall provide a written response to the property owner not less than ten (10) calendar days prior to the issuance of any administrative citations or fines, pursuant to Chapter 7 of Title 1, Administrative Citations and Fines. (§7, Ord. 2018, eff. 8/14/03 and by §1, Ord. 2027, eff. 5/6/04; §6, Ord. 2173, eff. 10/20/17; §§13, 14, Ord. 2188, eff. 3/8/19; §23, Ord. 2210, eff. 10/22/21; §4, Ord. 2239, eff. 7/5/24; §3, Ord. 2241, eff. 7/19/24; §3(3), Ord. 2246, eff. 11/15/24. Formerly 10-2.3.503)

The following property development standards shall apply to all junior accessory dwelling units located in the base districts where they are a permitted use:

A. Number of Junior Accessory Dwelling Units. Not more than one (1) junior accessory dwelling unit shall be located on a single lot.

B. Zoning Requirements. The junior accessory dwelling unit must be located completely within the gross floor area of either an existing single-family dwelling (including an attached garage), or a proposed single-family dwelling (including an attached garage) which has already been granted design review approval pursuant to Part IV, Article 12, Design Review, or issued a building permit pursuant to Title 9, Building Regulations. Pursuant to Section 66323 of the California Government Code, with the exception of the provisions of this section, the conversion of the floor area contained within the existing or proposed single-family dwelling into a junior accessory dwelling unit shall be exempt from all property development regulations (including but not limited to setbacks, height, density, lot coverage, distance between buildings, minimum or maximum floor area ratio, design review, landscaping, storage space for residential units, nonconforming conditions, elevators, parking and loading, and hillside performance standards) contained elsewhere in this chapter, including any planned development district or overlay zone, and also the provisions of Title 3, Chapter 8, Preservation of Trees on Private Property. Notwithstanding the foregoing, junior accessory dwelling units shall continue to comply with all applicable provisions and requirements of Title 9, Building Regulations, and nothing in these provisions shall supersede state or federal law.

C. Size. The maximum gross floor area for a junior accessory dwelling unit shall be five hundred (500) square feet.

D. Design. An exterior entrance is required for all junior accessory dwelling units, independent of the exterior entrance for the single-family dwelling. Where a junior accessory dwelling unit shares the bathroom facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unit and the bathroom facilities, and the interior connection shall not require passage through a locked door (except for a privacy lock on the bathroom door) or passage outside of the gross floor area of the junior accessory dwelling unit or single-family dwelling. In cases where the efficiency kitchen does not include a sink or refrigerator, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unit and the sink or refrigerator contained in the single-family dwelling, and the interior connection shall not require passage through a locked door or passage outside of the gross floor area of the junior accessory dwelling unit or single-family dwelling.

E. Off-Street Parking. No parking spaces are required for junior accessory dwelling units.

F. Owner Occupancy. The owner of a lot containing a junior accessory dwelling unit shall occupy either the junior accessory dwelling unit, the single-family dwelling containing the junior accessory dwelling unit, or an attached accessory dwelling unit connected to the single-family dwelling. Notwithstanding the foregoing, owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization, including those that meet the requirements of a qualified nonprofit corporation as defined by Section 66340 of the California Government Code.

G. Sale Prohibited. A junior accessory dwelling unit shall not be sold or otherwise conveyed separately from the main building.

H. Deed Restriction. A deed restriction, approved by the City Attorney, shall be recorded setting forth the provisions of subsections (A) through (D) and (G) of this section, Property Development Standards for Junior Accessory Dwelling Units, and that the deed restriction may be enforced against future purchasers. (§23, Ord. 2210, eff. 10/22/21; §3(3), Ord. 2246, eff. 11/15/24; §3, Ord. 2250, eff. 9/5/25. Formerly 10-2.3.504)

A. Process. A building permit application for an accessory dwelling unit or junior accessory dwelling unit shall be submitted, and shall be considered and approved or denied ministerially without discretionary review within sixty (60) days of a completed application. If denied, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

B. Review Times. The City shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within sixty (60) days from the date a completed application is received if there is an existing single-family or multifamily dwelling on the lot. If the building permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a building permit application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City approves or denies the permit application to create the new single-family or multifamily dwelling, but the building permit application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved.

C. Certificate of Occupancy. Pursuant to Section 66328 of the California Government Code, the City shall not issue a certificate of occupancy for an accessory dwelling unit before the City issues a certificate of occupancy for the primary dwelling. (§3(3), Ord. 2246, eff. 11/15/24)