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HomeMy WebLinkAboutDivision 2 of the Development Code - DRAFT ADU
Division 2 – Accessory Dwelling Units
The new language is shown in “red.” Strikethrough for any language to deleted.
9102.01.080 Accessory Dwelling Units Amended by Ord. No. 2347 Amended by Ord. 2369 & 2370 Amended by Ord. No. 2375
Accessory dwelling units and junior accessory dwelling units, as defined in Division 9 (Definition) of this Development Code,
are allowed in the R-0, R-1, R-M, R-2, R-3, R-3-R, CBD, MU, and DMU zones, developed with at least one dwelling.
Accessory dwelling units are subject to all development standards for the underlying zoning of the property, as set forth
in Table 2-2 (Development Standards for Single- Family Residential Zones) or in Table 2-6 (Development Standards for
Multiple-Family Residential Zones) unless otherwise specified in this Section. A. Development Standards
1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the
development standards (setbacks, lot coverage, height, etc.). All accessory dwelling units shall be clearly
subordinate in location and size to the primary structure and consistent in exterior appearance with the primary
structure through the use of similar/matching exterior paint colors, material types, and architectural styles.
Accessory dwelling units shall have a defined and independent exterior access. An accessory dwelling unit is
allowed on a site only when a primary dwelling exists.
2. Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family dwelling
or multifamily dwelling exists on the lot or will be constructed in conjunction with the accessory dwelling unit.
An accessory dwelling unit may be either attached to the existing dwelling unit, or located within the living area
of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
A junior accessory dwelling unit (JADU) may only be located within an existing or proposed single-family structure,
or within an existing attached garage.
One of the following is allowed:
1. One Attached ADU (may not be allowed with detached ADU or JADU); or
2. One Detached ADU or a JADU by itself; or
3. One Detached ADU with one JADU
3. Maximum Floor Area and Lot Coverage. No accessory dwelling unit may cause the total Floor Area Ratio (FAR)
to exceed 45%, or cause the lot coverage of the lot to exceed 50%. If either requirement would preclude
development of an accessory dwelling unit up to 800 square feet in size, the requirement does not apply.
4. Maximum Size
a. Accessory Dwelling Unit. The maximum size of a detached or attached accessory dwelling unit is 850
square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more
than two bedrooms are allowed.
b. Junior Accessory Dwelling Unit. The maximum size within an existing or proposed single-family dwelling
is 500 square feet.
c. An attached accessory dwelling unit that is created on a lot within an existing primary dwelling is further limited
to 50 percent of the floor area of the existing primary dwelling, unless this would restrict the maximum size of
the accessory dwelling unit to be smaller than 800 square feet.
d. Application of other development standards, such as FAR or lot coverage, might further limit the size of the accessory dwelling unit, but no application of FAR, lot coverage, or front setback, or open space requirements may require the accessory dwelling unit to be less than 800 square feet.
5. Maximum Height and Story a. A single-story attached or detached accessory dwelling unit may not exceed 16 feet in height, measured to the top of the roof ridge. b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary dwelling.
c. A detached accessory dwelling unit may not exceed one story
(1) An ADU within ½ Mile walking distance from a High Quality Transit Corridor as defined in Public Resources
Code Section 21155 may be allowed up to 18 feet in height plus up to two (2) feet in additional height to allow
a roof pitch matching the primary residence.
6. Required Setbacks. Detached and attached accessory dwelling units shall meet the minimum side and rear yard
setbacks of at least four (4) feet. An attached accessory dwelling unit shall meet the same front setback as required
for the primary residence. The front setback shall not limit the size of the accessory dwelling unit to be less than 800
square feet.
7. Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking space (covered or uncovered). The uncovered parking space shall be located on a paved surface, and may be provided in the setback areas or as tandem parking. For required parking space dimensions, please refer to Division 3.
When a garage, carport, or covered parking structure is demolished or converted in conjunction with the
construction of an accessory dwelling unit, the required parking spaces shall be replaced as specified in Table 3-
3. If code compliant replacement parking cannot be provided, the replacement parking spaces may be located in
any configuration on the same lot as the accessory dwelling unit, including but not limited to, covered spaces,
uncovered spaces, or tandem spaces or by the use of mechanical automobile parking lifts within an enclosed
garage.
8. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary dwelling is also required
to have fire sprinklers.
B. Permit Procedures for Accessory Dwelling Units and Junior Accessory Dwelling Units. If the accessory dwelling
unit does not qualify for a Building Permit Only, the procedures specified in Subsection 9102.01.080.B.2, shall be
followed.
1. Building Permit Only. An accessory dwelling unit or junior accessory dwelling unit is only subject to a
building permit when it is proposed on a residential or mixed use zone and meets one of the following
scenarios:
A. Converted Accessory Dwelling Unit in Single-Family Zones: Only one accessory dwelling unit or
junior accessory dwelling unit on a lot with a proposed or existing single family dwelling on it, where
Single Family Zones ¹
Multifamily Zones and
Mixed Use Zones ¹
Detached ADU - Greater than 800
sf (Zoning Clearance ADU)
Single-story, 16 feet in
height to top of roof ridge
Single Story, 18 feet in
height to top of roof ridge
Detached ADU - 800 sf or less
(Building Permit Only ADU)
Single-story, 16 feet in
height to top of roof ridge
Single-story,18 feet in height
to top of the roof ridge
Attached ADU 25’ or the height limitation that applies to the primary
dwelling, whichever is lower.
the accessory dwelling or junior accessory dwelling unit:
1. Is either: within the space of a proposed single-family dwelling; within the existing space of an
existing single-family dwelling; or within the existing space of an accessory structure, plus up to
150 additional square feet if the expansion is limited to accommodating ingress and egress.
2. Has exterior access that is independent of that for the single-family dwelling.
3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire
codes.
4. The converted ADU shall not exceed 50% of the livable area of the primary residence. A converted
JADU shall not exceed 50% of the livable area of the primary residence nor the maximum
permitted size for a junior accessory dwelling unit.
B. Detached Accessory Dwelling Unit in Single-Family Zones: One detached, new construction of an
accessory dwelling unit on a lot with a proposed or existing single-family dwelling (in addition to any
junior accessory dwelling unit that might otherwise be established on the lot under Subsection A), if
the detached accessory dwelling unit satisfies the following limitations:
1. The side and rear yard setbacks are at least four (4) feet.
2. The total floor area is 800 square feet or less.
3. The structure does not exceed 16 feet in height and one-story
C. Converted Accessory Dwelling Unit on Multifamily Zones: Portions of existing multifamily dwelling
structures that are not used as livable space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, communal rooms, or garages, may be converted into an accessory
dwelling unit if it complies with the state building standards for dwellings. Up to 25 percent of the
existing multifamily dwelling units on a lot may have a converted accessory dwelling unit, and at least
one (1) converted accessory dwelling unit is allowed within an existing multifamily dwelling structure.
D. Detached Accessory Dwelling Unit in Multifamily Zones: No more than two detached accessory
dwelling units may be located on a lot that has an existing multifamily dwelling. Each detached
accessory dwelling unit must satisfy the following requirements:
1. The side and rear yard setbacks are at least four (4) feet.
2. The total floor area is 800 square feet or less, and shall not be larger in size than any existing
multifamily unit.
3. The structure shall not exceed 18 feet in height and one-story.
Exception: The height of 18 feet plus up to two (2) feet in additional height to allow a roof pitch matching
the primary residence for a detached accessory dwelling unit on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop
or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources
Code.
2. . Accessory Dwelling Unit Permit
Any construction that exceeds the requirements listed above listed in Subsection 1 above (Building
Permits Only) shall require a Zoning Clearance for an Accessory Dwelling Unit pursuant to the provisions
of Section 9107.27 (Zoning Clearance for Accessory Dwelling Units).
3. Process and Timing
A. A Zoning Clearance for an Accessory Dwelling Unit compliant with the standards of this Section is
considered and approved ministerially, without discretionary review or a hearing, unless the unit
exceeds the code requirements (e.g. FAR) and is subject to an Administrative Modification.
B. The City must act on an application within 60 days from the date the City receives a completed
application, unless either:
1. The Applicant requests for a delay, in which case the 60 day time period is tolled for the period
of the requested delay, or
2. A junior accessory dwelling unit is submitted with a permit application to create a new single-
family dwelling on the lot, the City may delay acting on the permit application until the City
acts on the application for the new single-family dwelling, but the application to create the
junior accessory dwelling unit is still considered ministerially without discretionary review or a
hearing.
C. Impact Fees.
1. Impact Fees. No impact fee is required for an accessory dwelling unit that is less than 750 square feet in
size., except for school district impact fees, which may be required for accessory dwelling units greater
than 500 square feet.
2. Any impact fee that is required for an accessory dwelling unit that is 750 square feet or larger in size must
be charged proportionately in relation to the square footage of the primary dwelling, or the average square
footage of the multifamily dwelling units within a multifamily dwelling structure (e.g. the floor area of the
primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount
charged for a new dwelling). Impact fees does not include any connection fee or capacity charge for water
or sewer service.
D. Utility Fees.
1. Converted accessory dwelling units and junior accessory dwelling units on a single-family lot that were
approved by a building permit only are not required to have a new or separate utility connection directly
between the accessory dwelling unit or junior accessory dwelling unit and the utility, nor is a construction
fee or capacity charge required unless the accessory dwelling unit is constructed with a new single-family
home. All accessory dwelling units, except as noted above, require a new, separate utility connection
directly between the accessory dwelling unit and the utility. The Director or designee and the Building
Official has the discretion to not require a separate connection for certain utilities depending on the
circumstances.
The connection is subject to a connection fee or capacity charge that is proportionate to the burden
created by the accessory dwelling unit or junior accessory dwelling unit, based on either the floor area or
the number of drainage-fixture (DFU) values, as defined by the Uniform Plumbing Code, upon the water
or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.
E. Owner Occupancy.
a. All accessory dwelling units that were created before January 1, 2020 are subject to the owner-occupancy
requirement that was in place when the accessory dwelling unit was created.
b. An accessory dwelling unit that is created after that date but before January 1, 2025, is not subject to any owner-
occupancy requirement.
c. All accessory dwelling units that are created on or after January 1, 2025, are subject to an owner-occupancy
requirement. A person with legal or equitable title to the property must reside on the property as the person’s
legal domicile and permanent residence.
d. All junior accessory dwelling units are subject to an owner-occupancy requirement. A person with legal or
equitable title to the property must reside on the property, in either the primary dwelling or junior accessory
dwelling unit, as the person’s legal domicile and permanent residence. However, the owner-occupancy
requirement of this paragraph does not apply if the property is entirely owned by another governmental agency,
land trust, or housing organization.
F. Nonconforming Accessory Dwelling Units and Discretionary Approval
Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to the objective design
standards and/or exceeds the maximum size of 800 square feet for an accessory dwelling unit on a lot that already
exceeds the maximum floor area, may be considered by the City with an Administrative Modification process in
Section 9107.05.
G. Objective Design Standards for Accessory Dwelling Units
Architectural
1. The ADU must match the architectural style of the primary dwelling and provide matching architectural
elements, such as: exterior colors, materials, surface treatments, windows, trims, and exterior doors.
2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is
the slope shared by the largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU
entrance must not be visible from the be located on the side or rear building façade, not facing a public-right-
of-way.
5. For new detached ADUs, there must be indentations and/or projections provided that are at least 8-inches in
depth on at least two of the exterior walls to break-up flat wall planes. The interior wall height shall be at least
seven feet tall.
6. All windows that are located 9-feet in height above the finished floor must be clerestory windows (no dormers),
and must be frosted or obscure glass.
7. A new detached ADU may not be located closer to the front property line than the primary residence dwelling.
8. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed
on the federal, state, or local register of historic places must comply with all applicable ministerial requirements
imposed by the Secretary of the Interior.
Landscape
9. Landscaping must be provided to provide screening between the ADU and adjacent parcels around the
detached ADU along the rear and side property lines and must be drought-tolerant or low water-using plants
that utilize a variety of drought tolerant resistant grasses, turf substitutes, or ground covers that maintain a
living, continuous planting area, and provide screening between the ADU and adjacent parcels. Desert
landscape or rock garden designs are not allowed.
10. All landscaping utilized must be taken from the city’s approved planting materials listed in the City’s Single-
Family Design Guidelines.
Other
11. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for
fire-apparatus access, as determined by the Fire Department.
12. On corner lots, a separate walkway from the primary residence may be allowed to the detached ADU entrance
and it must connect to the nearest public sidewalk or right-of-way.
13. ADUs must have clear addressing visible from the street. Addresses must be at least 4 inches high and shall
be shown on the curb next to the primary address number.