Chapter 17.84

Junior Accessory Dwelling Unit (JADU)

• A. Purpose. The provisions of this section are intended to set standards, in compliance with Government Code Sections 66333—66339, for the development of junior accessory dwelling units to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. It is not the intent of this chapter to override lawful use restrictions as set forth in Conditions, Covenants, and Restrictions. [Source: 2020-343]

• B. Intent. The provisions of this section also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development. [Source: 2020-343]

As otherwise provided by this section, junior accessory dwelling units shall be ministerially permitted only where allowed in Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 2020-343]

As provided by Government Code Sections 66337 and 66338, junior accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. [Source: 2020-343]

A junior accessory dwelling unit: [Source: 2020343]

• A. Shall only be allowed on parcels zoned for single-unit dwellings and that include an existing or proposed single-unit dwelling. [Source: 2020-343]

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• B. Is limited to one (1) per parcel. [Source: 2020-343]

• C. Is not subject to the density requirements of the General Plan but shall otherwise be consistent with the General Plan text and diagrams. [Source: 2020-343]

• D. Requires property owner occupancy of the junior accessory dwelling unit or the remaining portion of the single-unit residence or an accessory dwelling unit located on the same parcel unless the singleunit residence is owned by another governmental agency, land trust, or housing organization. [Source: 2020-343]

A junior accessory dwelling unit shall be allowed in the following locations: [Source: 2020343]

• A. Within a Single-Unit Dwelling. Within the walls of an existing single-unit dwelling, including an attached garage, or proposed single-unit dwelling. [Source: 2020-343]

• B. Combined with a Detached, New Construction Accessory Dwelling Unit. When combined with a junior accessory dwelling unit, the maximum size of the accessory dwelling unit is limited to eight hundred (800) square feet, regardless of the number of bedrooms. [Source: 2020-343]

An application for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially through the Building Permit process.

• A. Existing Single-Unit Dwelling. A Building Permit application for a junior accessory dwelling unit on a parcel with an existing single-unit dwelling shall be acted upon within sixty (60) days of the Build-

  • ing Permit application being complete. If the permit application is denied, a written set of comments shall be provided to the applicant within sixty (60) days describing the items that are deficient in the application and how they may be remedied. The Building Permit applicant may request a delay in the Town's processing of the Building Permit, which shall result in the tolling of the sixty-day period. [Source: 2020343]

• B. New Single-Unit Dwelling. A junior accessory dwelling unit included with a new single-unit dwelling shall be reviewed ministerially with the Building Permit for the single-unit dwelling. The Building Permit for the junior accessory dwelling unit shall be issued with the Building Permit for the associated single-unit dwelling.

A permit for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards:

• A. Maximum Floor Area. A junior accessory dwelling unit shall not exceed five hundred (500) square feet in area. [Source: 2020343]

• B. Location. A junior accessory dwelling unit shall be contained entirely within the walls of an existing or proposed single-unit dwelling. [Source: 2020-343]

• C. Number Per Parcel. A maximum of one (1) junior accessory dwelling unit shall be permitted on any parcel. [Source: 2020343]

• D. Kitchen. The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include:

  1. A cooking facility with appliances; and

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2. A food preparation counter and storage cabinets that area of a reasonable size in relation to the size of the junior accessory dwelling unit.

• E. The efficiency kitchen shall be removed when the junior accessory dwelling unit use ceases. [Source: 2020-343]

• F. Sanitation. A junior accessory dwelling unit may include a full bathroom, or the occupants of the junior accessory dwelling unit may share the bathroom facilities within the remainder of the singleunit dwelling. [Source: 2020-343] If the bathroom facility is shared, an interior entry into the main living area of the single-unit dwelling shall be provided.

• G. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single-family dwelling. The junior accessory dwelling may, but is not required to, include an entry into the main living area, which may include a second interior doorway for sound attenuation. [Source: 2020-343]

• H. Parking. Off-street parking shall not be required for a junior accessory dwelling unit. [Source: 2020343]

Prior to occupancy of a junior accessory dwelling unit, the property owner shall record with the Sonoma County Recorder and file with the Town a deed restriction, which has been approved by the Town as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: [Source: 2020-343]

• A. The junior accessory dwelling unit shall not be sold separately from the single-unit residence; [Source: 2020-343]

• B. The junior accessory dwelling unit shall comply with all the standards included in this section; and [Source: 2020-343]

• C. The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the junior accessory dwelling unit and may result in legal action against the property owner and future purchasers. [Source: 2020-343]