Sec. 26-137. - Purpose.

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)