Division 2 — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

The purpose of this division is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to single-family and multifamily residential uses, that the structures on parcels are organized to accommodate an accessory dwelling unit (ADU) and/or junior accessory dwelling unit (JADU), and that such dwelling units do not impact surrounding residents or the community. This division is intended to retain the maximum ability of the City to regulate accessory dwelling units and to comply with the requirements California Government Code Sections 65852.2 and 65852.22.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-138. - Permit.

(a)

Accessory dwelling units are permitted only in areas zoned to allow multifamily and single family residential, subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in this division or is the type of accessory dwelling unit described in this division, shall be approved ministerially by the City by applying the standards herein and without a public hearing.

(b)

An application for an accessory dwelling unit permit (second unit review—see article VI division 9) shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the City on a Cityapproved application form and subject to the established fee set by City Council resolution as it may be amended from time to time. The second unit review application process shall be considered the same as a zoning clearance.

(c)

Applications for accessory dwelling units shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of chapter 7 (buildings and building regulations) of this Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-139. - Types.

(a)

An accessory dwelling unit approved under this division shall be one (1) of the following types:

(1)

Attached. An accessory dwelling unit that is created as a result on a new construction which is attached to an existing or proposed primary dwelling, such as through a shared wall, floor or ceiling. An attached accessory dwelling unit can also be constructed within an existing or proposed primary dwelling.

(2)

Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the primary dwelling. The detached accessory dwelling unit shall be located on the same parcel as the existing or proposed primary dwelling.

(3)

Converted on a single family lot. One (1) ADU and one (1) JADU on a lot with a proposed or existing singlefamily dwelling on it, where the ADU or JADU:

a.

Is either: within the space of a proposed single-family dwelling; within the space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to a studio, pool house, detached garage, or other similar structure, plus up to one hundred and fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress to the converted structure.

b.

Has exterior access that is independent of that for a single-family dwelling.

c.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

(4)

Junior accessory dwelling unit. A junior accessory dwelling is a dwelling unit that meets the following:

a.

Is no more than five hundred (500) square feet in size and contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

b.

Is located and contained entirely within an existing or proposed single-unit primary dwelling.

c.

Has a separate entrance from the main entrance to the existing or proposed single-unit dwelling.

d.

Has a bathroom that is either shared with or separate from those of the primary dwelling.

e.

Includes an efficiency kitchen.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

The following types of accessory dwelling units shall be approved, regardless of whether the accessory dwelling unit meets the development standards contained in this title. Accessory dwelling units and junior accessory dwelling units are accessory to the primary use. Therefore, accessory dwelling units and junior accessory dwelling units shall not be assigned an address separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to a multi-family residential use.

(b)

For single family dwelling lots in residential zones, either:

(1)

One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot may be constructed. Each accessory dwelling unit and junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety and comply with all other setback requirements. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of section 26-139(a)(3); and

(2)

One (1) detached, new construction, accessory dwelling unit with setbacks of at least four (4) feet from side and rear setbacks, no more than eight hundred (800) square feet floor area with an existing or proposed single-family dwelling.

(c)

On a lot with an existing multi-family residential use:

(1)

Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (e.g., storage rooms, boiler rooms, passageways, attics, basements, or

garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five (25) percent of the current number of units of the multi-family complex on the lot and at least one (1) such unit shall be allowed; and

(2)

Up to eight (8) detached accessory dwelling units or one (1) per primary unit, whichever is less, may be constructed, provided they are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks. Detached accessory dwelling units constructed pursuant to this subsection (b) shall not exceed one thousand (1,000) square feet in floor area per unit.

(d)

Accessory dwelling units or junior accessory dwelling units approved under this section shall not be rented for a term of thirty (30) days or less.

(e)

Accessory dwelling units or junior accessory dwelling units approved under this section shall not be required to correct legal nonconforming zoning conditions as a pre-condition to obtaining this authorization.

(f)

Allowable zoning district.

(1)

An accessory dwelling unit or junior accessory dwelling unit subject to a building permit, as described in subsection 26-139 above may be constructed on a lot in a single-family or multi-family residential or mixeduse zone.

(2)

An accessory dwelling unit or junior accessory dwelling unit subject to a second unit review, as described under section 26-139 above may be constructed on a lot that is zoned for single-family or multi-family residential uses.

(g)

Unit size standards. Except as otherwise provided in this section of this division, all accessory dwelling units shall not exceed the size standards listed below.

(1)

Attached accessory dwelling units. The maximum floor area of an attached accessory dwelling unit shall be the greater of:

a.

Eight hundred fifty (850) square feet for an accessory dwelling unit with zero (0) to one (1) bedroom or one thousand (1,000) square feet for an accessory dwelling unit with two (2) or more bedrooms; or

b.

If there is an existing primary single-family dwelling, fifty percent (50%) of the square footage of the existing primary single-family dwelling but shall not exceed one thousand two hundred (1,200) square feet; or

c.

Existing habitable and/or non-habitable areas may be converted into an attached accessory dwelling unit without any size and/or setback limitations.

(2)

Detached units. A detached accessory dwelling unit shall not have more than one thousand two hundred (1,200) square feet of living area.

(h)

Setback requirements.

(1)

No setbacks are required for:

a.

Portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units; or

b.

New accessory dwelling units in the same location and to the same dimensions as an existing structure.

(2)

For all other accessory dwelling units, there must be a minimum setback of four (4) feet from side and rear yard setbacks.

(3)

The accessory dwelling unit shall adhere to the required front setback of the underlying zone, unless it can be demonstrated by the applicant that an accessory dwelling unit of up to eight hundred (800) square feet is not feasible on the subject property. In this case, there shall be no required front yard setback for an accessory dwelling unit of up to eight hundred (800) square feet.

(4)

The minimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet. An accessory dwelling

unit may only be attached to another accessory structure if the construction of at least an eight hundred (800) square foot detached accessory dwelling unit would not be possible on the property without the said attachment.

(i)

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the City that contains a legal, single-family or multi-family residence as an existing or proposed primary unit on a lot.

(j)

Accessory dwelling units and junior accessory dwelling units are accessory to the primary use. Therefore, accessory dwelling units shall not be assigned an address separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to a multi-family residential use.

(k)

Number of accessory dwelling units per lot.

(1)

For lots with proposed or existing single-family residences, no more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot.

(2)

For lots with existing multi-family residential dwellings:

a.

No more than twenty-five (25) percent of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; or

b.

No more than two (2) detached accessory dwelling units, provided that no such unit shall be more than sixteen (16) feet in height, and each such unit complies with front yard setbacks, and meets rear yard and side yard setbacks of four (4) feet. No setback shall be required for an existing living area or accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit when created within an existing structure. The maximum square footage of detached accessory dwelling units on lots with existing multi-family residential dwellings shall be limited to one thousand (1,000) square feet of living area per accessory dwelling unit.

(l)

Building code compliance. All new accessory dwelling units must comply with chapter 7 of this Code (buildings and building regulations) and any other applicable provisions of the California Building Standards Code. However, fire sprinklers shall not be required if they are not required for the primary residence.

(m)

Utilities.

(1)

All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. Accessory dwelling units and junior accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use with the exception of accessory dwelling units on properties developed with a multifamily residential use.

(2)

All accessory dwelling units and junior accessory dwelling units shall have adequate water supply and sewer service.

(3)

No overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory dwelling unit or junior accessory dwelling unit, unless required by the California Building Code or by the utility provider. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory unit, such lines shall be converted to underground services.

(4)

The City may require the installation of a new or upgraded utility connection for a new accessory dwelling unit structure and/or the existing house to accommodate the additional burden of the proposed accessory dwelling unit on the existing utility infrastructure. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. New or upgraded utility connection shall not be required for existing structures converted into accessory dwelling units.

(n)

Parking.

(1)

The City shall require the owner to provide one (1) parking space unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The required parking space shall have a minimum dimension of ten (10) feet in width and twenty (20) feet in depth. The required parking space may be provided as:

a.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with City parking requirements; or

b.

Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the City.

(2)

Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:

a.

It is located within one-half (½) mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or accessory structure;

d.

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

e.

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

(o)

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

(p)

Exterior access. The entrance to an accessory dwelling unit shall be separate from the entrance to the primary dwelling unit.

(q)

Recorded covenants. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions which has been approved by the City Attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows:

(1)

The accessory dwelling unit shall not be sold separately from the primary residence, except for instances allowed by Government Code section 65852.26;

(2)

The accessory second unit is restricted to the maximum size allowed per the development standards set forth in this section;

(3)

The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the requirements for an accessory dwelling unit. In the event of violation, the property owner shall be responsible for all fees and penalties, as well as the City's enforcement costs.

(r)

Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this division. If so, a new, larger primary residence may be constructed.

(s)

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

(1)

The exterior materials, colors, roof design (e.g. gable, hipped, flat) and architecture shall match the primary unit.

(2)

Accessory dwelling units shall not exceed sixteen (16) feet in height, with the following exceptions;

a.

The accessory dwelling unit is a conversion of an existing second floor area, a second-story addition to an existing residence, or is located on the second floor of a new two-story house. All second-story additions to an existing residence, and/or new two-story homes shall require the approval of an administrative permit per article VI of this Code.

b.

The accessory dwelling unit is located within a half-mile of a major transit stop or high-quality transit corridor then a detached ADU that is on a lot with a single-family or multifamily dwelling may be constructed up to eighteen (18) feet in height by right. In no case shall the City require ADUs to match the roof pitch of the main house.

c.

The detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, then the ADU may be up to eighteen (18) feet in height, regardless of how close it is to transit.

d.

An attached ADU may be up to twenty-five (25) feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower.

(3)

Exterior staircases serving second-floor accessory dwelling units shall not be located in between the side property line and the existing building.

(4)

Lighting shall be shielded so that light rays are not spilled onto neighboring lots.

(5)

Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, and not simply by an attached breezeway, porch, or patio.

(t)

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

(u)

Patio covers and porches. The accessory dwelling unit shall not have more than one (1), thirty (30) square foot covered patio or porch. The patio cover and/or porch shall be considered as a part of the accessory dwelling unit structure, but shall not be included in the maximum allowable ADU size calculation.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 33, 34, 3-18-25)

Sec. 26-141. - General Plan consistency.

In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the General Plan. The City finds that this occurrence is consistent with the General Plan, as dictated under state planning and zoning law applicable to accessory dwelling units.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-142. - Junior accessory dwelling units.

(a)

Purpose. This section provides standards for the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and require owner occupancy in the singlefamily residence where the unit is located.

(b)

Size. A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size.

(c)

Owner occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time.

(d)

Sale prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

(e)

Short term rentals. The junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less.

(f)

Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be entirely within a singlefamily residence; an attached garage is considered a part of the residence.

(g)

Kitchen requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(h)

Parking. No additional parking is required beyond that already required for the primary dwelling.

(i)

Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

(j)

Deed restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owneroccupancy consistent with subsection (c) above, does not permit rentals for periods thirty (30) days or

shorter, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)