Article 35 — ACCESSORY DWELLING UNITS

§ 12-145. Purpose. ¶

(a) The purpose of this Article is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22 .
(Ord. 24-02, 12/12/2023

§ 12-146. Applicability. ¶

(a) This Article is applicable to the development of accessory dwelling units and junior accessory dwelling units within all residential and mixed-use zones. An ADU or JADU that conforms to the standards in this Article will be:
(1) Permitted in accordance with the terms of this Article and will not be required to correct a legally permitted but now nonconforming zoning condition as a condition of approval. This provision does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12 .
(Ord. 24-02, 12/12/2023

§ 12-147. Review and Approval Authority. ¶

(a) The establishment of an ADU in a new detached structure shall be subject to Site Plan Review approval.
(b) The establishment of an ADU through the conversion of an existing detached structure or portion of an attached structure with no additional square footage added shall be exempt from Site Plan Review.
(c) The establishment of an ADU through the conversion of existing non-livable floor area within a multifamily building shall be exempt from Site Plan Review.
(d) The establishment of an ADU or JADU that results in the expansion of an existing detached structure shall be exempt from Site Plan Review.
(e) Application Review Timeframe. The Economic and Community Development Director shall act on a planning application to create an ADU or JADU within sixty days of receipt of a complete application so long as the proposed ADU or JADU meet the requirements of Article 35. Notwithstanding the foregoing timeframe:
- (1) If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay; or
- (2) In the case of an ADU or JADU, when an application to create an ADU/JADU unit is submitted with an application to create a new single family dwelling (SFD) on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single family dwelling, but the application to create the JADU will still be considered ministerial without discretionary review or a hearing.
- (3) The ADU or JADU shall not be used or advertised as a short-term rental.
(f) Impact fees shall not be required for an ADU that is less than seven hundred fifty square feet.
(g) Affordable Accessory Dwelling Units. Accessory dwelling units that will be deed restricted for affordability are exempt from Site Plan Review.
(Ord. 24-02, 12/12/2023

§ 12-148. General Requirements for ADUs and JADUs. ¶

(a) Rental Term. ADUs and JADUs shall not be rented for a period less than thirty days.
(b) An ADU shall not be advertised or used as a short-term rental.
(c) No Separate Conveyance. 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).
(d) Covenant. Prior to the issuance of a building permit for an ADU or JADU, a covenant must be recorded against the title of the property in the County Recorder's office and a copy filed with the Planning Division. The covenant shall run with the land and bind all future owners. The covenant will be provided by the City and must provide that:
- (1) The ADU or JADU may not be sold or otherwise conveyed separate from the primary residence.
(Ord. 24-02, 12/12/2023

§ 12-149. ADU Regulations. ¶

General ADU Requirements.

(a) Location. An Accessory Dwelling Unit is permitted in any zone that allows residential units. ADUs shall be located on a property with a primary dwelling and shall be located such that the front facade is farther from the front Property line than the primary dwelling. Number of ADUs. No more than one junior accessory dwelling unit and one accessory dwelling unit are permitted on a single lot with a single family dwelling. Lots with existing multifamily dwellings shall have a number of internal or attached accessory dwelling units equal to twenty-five percent of the existing multifamily dwelling units. Fractions of units of one-half and above shall be rounded up. Accessory dwelling units may include portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be permitted per lot within existing multifamily dwellings. Not more than two detached accessory dwelling units shall be permitted on lots with existing multifamily dwellings.
- (1) Every ADU shall contain a minimum of five hundred square feet.
- (2) The size of a detached ADU shall not exceed one thousand square feet or one hundred percent of the primary dwelling unit size, whichever is less. If the primary dwelling unit size is less than eight hundred fifty square feet, the maximum size of the detached ADU shall not exceed eight hundred fifty square feet.
- (3) Attached ADUs shall be limited to eight hundred fifty square feet or fifty percent of the primary dwelling unit size, whichever is less.
- (4) All ADUs are subject to Section 12-6 of Chapter 12 of the IMC.
(b) Setbacks.
- (1) Front Setback - Attached and Detached ADUs. There shall be a front yard of not less than twenty-five percent of the depth of the lot provided such front yard need not exceed twentyfive feet except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than six feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established.
- (2) Side Setback. There shall be a side yard on each side of the main building of not less than ten percent of the width of the lot, but such side yard shall not be less than three feet and need not exceed five feet in width.
- (3) Rear Setback. The rear setback shall not be less than four feet.
(c) Height.
- (1) A detached ADU on a single family or multifamily lot shall not exceed one story or sixteen feet to the top of the roof pitch.
- (2) An attached ADU to an existing primary dwelling shall not exceed the allowed height for the primary dwelling.
(d) Design Standards.
- (1) The architectural design of the ADUs must match the existing primary dwelling including the following:
  - (i) Roof pitch;

(ii) Window casing design;

- (iii) Windows of two-story ADUs which impact the privacy of face an adjoining residential property shall be designed to obscure views of neighboring yards as is feasible through the use of raised sill heights, including transom windows, opaque/obscured translucent glass, or other methods; 

- (iv) Color;

(v) Exterior finish (e.g. Stucco, siding etc.). (Ord. 24-02, 12/12/2023)

§ 12-150. JADU Regulation. ¶

General Junior Accessory Dwelling Unit Requirements.

(a) Location. A junior accessory dwelling unit is permitted in any zone that allows residential units. JADUs are only allowed on lots that have an existing SFD, subject to the following:
- (1) JADUs within an existing SFD shall be limited to one.
- (2) The JADU is constructed within the walls of an existing or proposed single family dwelling; and
(b) JADU Development Standard. All JADUs shall contain an efficiency kitchen pursuant to State law, i.e., to Government Code Section 65852.22(a)(1) and can share bathroom facilities with the primary dwelling.
(c) Size. The minimum size of a JADU is one hundred fifty square feet. The maximum size of a JADU is five hundred square feet or fifty percent of the existing SFD, whichever is less.
(d) Setbacks. The minimum setback for a JADU is subject to the setback requirements of the established zone.
(e) Height. The maximum height of a JADU is subject to the maximum height of the established zone.
(f) Design Standards.
- (1) The architectural design of the JADU must match the existing primary dwelling(s) including the following:
  - (i) Roof pitch;
  - (ii) Window casing design;
  - (iii) Color;
  - (iv) Exterior finish (i.e. Stucco, siding etc.).
(g) The single family residence in which the JADU is permitted must be owner-occupied. The owner may reside in either the remaining portion of the structure or the newly created JADU. Exception: The owner occupancy requirement shall not apply if the owner is another governmental agency, land trust, housing organization, or otherwise exempt pursuant to state law, i.e., to Government Code section 65852.22(a)(2) .
(Ord. 24-02, 12/12/2023