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15 parking, as defined by subsection (c)(12) above. Off-street 1 parking shall be permitted in setback areas or through tandem 2 parking, unless specific findings are made that parking in 3 setback areas or tandem parking is not feasible based on specific 4 site or regional topographical or fire and safety conditions. 5 (B) The required parking space for the ADU must be located on the 6 same lot as the ADU. 7
(C) Access to all required parking for the ADU and primary dwelling 8 must be from a public street, an alley, or a recorded access 9 easement. For any lot served by a panhandle or easement access, 10 the access must be a minimum 20 feet in width. 11
(D) Curb cuts providing access from the public right-of-way to on-site 12 parking spaces must be approved by the City Engineer in 13 accordance with established, objective standards. A construction 14 permit from the City Engineer shall be obtained for any new or 15 widened curb cuts. 16
(E) Required parking spaces or required maneuvering area must be 17 free of any utility poles, support wires, guard rails, stand pipes or 18 meters. 19
(F) All required parking spaces must be kept clear for parking 20 purposes only. 21
(G) Exceptions. No parking under subsection (g)(7)(A) is required in 22 the following situations: 23
(i) The ADU is located within one-half mile walking distance of 24 public transit, as defined in subsection (c)(11) above. 25 (ii) The ADU is located within an architecturally and historically 26 significant historic district. 27
(iii) The ADU is part of the proposed or existing primary residence or 28 an accessory structure under subsection (e)(1)(A) above. 29 (iv) When on-street parking permits are required but not offered to the 30 occupant of the ADU. 31
(v) When there is an established car share vehicle stop located within 32 one block of the ADU. 33
(vi) When the permit application to create an ADU is submitted with an 34 application to create a new single -family or new multifamily 35 dwelling on the same lot, provided that the ADU or the lot satisfies 36
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16 any other criteria listed in subsections (g)(7)(G)(i) through (v) 1 above. 2
(H) No Replacement. When a garage, carport, or covered parking 3 structure, or uncovered parking space is demolished in 4 conjunction with the construction of an ADU or converted to an 5 ADU, those off-street parking spaces are not required to be 6 replaced. 7
(8) Architectural Requirements. 8
(A) The materials and colors of the exterior walls, roof, and windows 9 and doors must match the appearance and architectural design of 10 those of the primary dwelling. 11
(B) The roof slope must match that of the dominant roof slope of the 12 primary dwelling. The dominant roof slope is the slope shared by 13 the largest portion of the roof. 14
(C) The exterior lighting must be limited to down-lights or as 15 otherwise required by the building or fire code. 16
(D) The ADU must have an independent exterior entrance, apart from 17 that of the primary dwelling. 18
(E) The interior horizontal dimensions of an ADU must be at least 10 19 feet wide in every direction, with a minimum interior wall height 20 of seven feet. 21
(F) Windows and doors of the ADU may not have a direct line of 22 sight to an adjoining residential property. Fencing, landscaping, or 23 privacy glass may be used to provide screening and prevent a 24 direct line of sight. 25
(G) All windows and doors in an ADU are less than 30 feet from a 26 property line that is not a public right-of-way line must either be 27 (for windows) clerestory with the bottom of the glass at least six 28 feet above the finished floor, or (for windows and for doors) 29 utilize frosted or obscure glass. 30
(9) Landscape Requirements. Evergreen landscape screening must be planted and 31 maintained between the ADU and adjacent parcels as follows: 32 (A) At least one 15-gallon size plant shall be provided for every five 33 linear feet of exterior wall. Alternatively, at least one 24” box size 34 plant shall be provided for every ten linear feet of exterior wall. 35
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17 (B) Plant specimens must be at least six feet tall when installed. As an 1 alternative, a solid fence of at least 6 feet in height may be 2 installed. 3
(C) All landscaping must be drought-tolerant. 4
(D) All landscaping must be from the City’s approved plant list. 5 (10) Historical Protections. An ADU that is on or within 600 feet of real property that 6 is listed in the California Register of Historic Resources must be located so as to 7 not be visible from any public right-of-way. 8
(h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 9 ADUs that are approved under subsections Error! Reference source not found. or 10 (e)(2) above. 11
(1) Impact Fees. 12
(A) No impact fee is required for an ADU that is less than 750 square 13 feet in size. For purposes of this subsection (h)(1), “impact fee” 14 means a “fee” under the Mitigation Fee Act (Gov. Code 15 § 66000(b)) and a fee under the Quimby Act (Gov. Code 16 § 66477). “Impact fee” here does not include any connection fee 17 or capacity charge for water or sewer service. 18
(B) A JADU or ADU with less than 500 square feet of interior livable 19 space does not increase assessable space by 500 square feet for 20 purposes of Education Code section 17620(a)(1)(C), and is 21 therefore not subject to school fees under Education Code section 22 17620. 23
(C) Any impact fee that is required for an ADU that is 750 square feet 24 or larger in size must be charged proportionately in relation to the 25 square footage of the primary dwelling unit. (E.g., the floor area 26 of the ADU, divided by the floor area of the primary dwelling, 27 times the typical fee amount charged for a new dwelling.) 28 (2) Utility Fees. 29
(A) If an ADU is constructed with a new single-family home, a 30 separate utility connection directly between the ADU and the 31 utility and payment of the normal connection fee and capacity 32 charge for a new dwelling are required. 33
(B) Except as described in subsection (h)(2)(A), converted ADUs on a 34 single-family lot that are created under subsection (e)(1)(A) above 35 are not required to have a new or separate utility connection 36 directly between the ADU and the utility. Nor is a connection fee 37 or capacity charge required. 38
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18 (C) Except as described in subsection (h)(2)(A), all ADUs that are not covered 1 by subsection (h)(2)(B) require a new, separate utility connection directly 2 between the ADU and the utility for any utility that is provided by the city. 3 All utilities that are not provided by the city are subject to the connection 4 and fee requirements of the utility provider. 5
(i) The connection is subject to a connection fee or capacity 6 charge that is proportionate to the burden created by the 7 ADU based on either the floor area or the number of 8
drainage-fixture units (DFU) values, as defined by the 9 Uniform Plumbing Code, upon the water or sewer system. 10 (ii) The portion of the fee or charge that is charged by the City 11 may not exceed the reasonable cost of providing this 12 service. 13
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and 14 Unpermitted Structures. 15
(1) Generally. The City will not deny an ADU or JADU application due to a 16 nonconforming zoning condition, building code violation, or unpermitted 17 structure on the lot that does not present a threat to the public health and safety 18 and that is not affected by the construction of the ADU or JADU. 19 (2) Unpermitted ADUs and JADUs constructed before 2020. 20 (A) Permit to Legalize. As required by state law, the City may not 21 deny a permit to legalize an existing but unpermitted ADU or 22 JADU that was constructed before January 1, 2020, if denial is 23 based on either of the following grounds: 24
(i) The ADU or JADU violates applicable building standards, or 25 (ii) The ADU or JADU does not comply with the state ADU or JADU 26 law (Government Code section 65852.2) or this ADU ordinance 27 (section 18.48.150). 28
(B) Exceptions: 29
(i) Notwithstanding subsection (i)(2)(A) above, the City may deny a 30 permit to legalize an existing but unpermitted ADU or JADU that 31 was constructed before January 1, 2020, if the City makes a 32 finding that correcting a violation is necessary to comply with 33 standards specified in California Health and Safety Code section 34 17920.3. 35
(ii) Subsection (i)(2)(A) above does not apply to a building that is 36 deemed to be substandard in accordance with California Health 37 and Safety Code section 17920.3. 38
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19 1
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 2 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 3 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 4 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 5 thereof. The City Council hereby declares that it would have passed each section, subsection, 6 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 7 or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared 8 unconstitutional, or invalid, or ineffective. 9
10 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT 11
FINDING. The City Council Finds that under California Public Resources Code section 12 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the 13 adoption of an ordinance by a city or county implementing the provisions of section 14 65852.2 of the Government Code, which is California’s ADU law and which also regulates 15 JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily 16 exempt from CEQA in that the proposed ordinance implements the State’s ADU law. 17 18 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in 19 full force and operation from and after thirty (30) days after its final passage and adoption. 20 21 SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this 22 ordinance. Not later than fifteen (15) days following the passage of this ordinance, the 23 ordinance, or a summary thereof, along with the names of the City Council members voting 24 for and against the ordinance, shall be published in a newspaper of general circulation in 25 the City of Colton. 26
27 SECTION 7. FILING. The City Clerk shall submit a copy of this ordinance to 28 the Department of Housing and Community Development within 60 days after adoption. 29 The City Clerk shall also submit a Notice of Exemption within three days after adoption. 30 31 PASSED, APPROVED AND ADOPTED by the City Council of the City of 32 Colton, California, at a regular meeting of the City Council held on the ___ day of ______, 33 2026 by the following vote: 34
35 36
_______________________________ 37
FRANK J. NAVARRO, Mayor 38
39 40
41 42
43 44
45 ATTEST: 46
________________________________ 47
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20 ISAAC T. SUCHIL, City Clerk 1
2
23152.06300\41318891.2
1 ORDINANCE NO. O-07-26 2
3 AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON 4 MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR 5 ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 6 ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC 7 RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP25-0047) 8 9 WHEREAS, the City Council of the City of Colton desires to amend certain provisions of 10 the Colton Zoning Code to ensure consistency with state law; and 11 12 WHEREAS, state law authorizes cities to act by ordinance to provide for the 13 creation and regulation of accessory dwelling units (“ADUs”) and junior accessory 14 dwelling units (“JADUs”); and 15
16 WHEREAS, in recent years, the California Legislature has approved, and the 17 Governor has signed into law, numerous bills that, among other things, amend various 18 sections of the Government Code to impose new limits on local authority to regulate ADUs 19 and JADUs; and 20
21 WHEREAS, in 2025, the California Legislature approved, and the Governor 22 signed into law, Assembly Bill 462 (“AB 462”), Assembly Bill 1154 (“AB 1154”), Senate 23 Bill 9 (“SB 9”), and Senate Bill 543 (“SB 543”), which further amend state ADU law; and 24 WHEREAS, AB 462, AB 1154, SB 9, and SB 543 are in effect, and for the City’s 25 ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 462, 26 AB 1154, SB 9, and SB 543; and 27
WHEREAS, the City desires to amend its local regulatory scheme for the 28 construction of ADUs and JADUs to reflect AB 462, AB 1154, SB 9, and SB 543’s changes 29 to state law; and 30
WHEREAS, on January 13, 2026 and February 24, 2026 the Planning Commission 31 held a duly- noticed public hearing and considered the staff report, recommendations by 32 staff, and public testimony concerning this proposed Ordinance. Following the public 33 hearing, the Planning Commission voted to forward the Ordinance to the City Council with 34 a recommendation in favor of its adoption; and 35
WHEREAS, on March 17 , 2026, the City Council held a duly- noticed public 36 hearing to consider the Ordinance, including: (1) the public testimony and agenda reports 37 prepared in connection with the Ordinance, (2) the policy considerations discussed therein, 38 and (3) the consideration and recommendation by the City’s Planning Commission; and 39 WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 40 41 NOW, THEREFORE , the City Council of the City of Colton does ordain as 42 follows: 43
SECTION 1. Incorporation. The recitals above are each incorporated by reference 44
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2 and adopted as findings by the City Council. 1
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, 2 the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an 3 ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of 4 Division 1 of Title 7 of the California Government Code, which is California’s ADU law 5 and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the 6 Ordinance is statutorily exempt from CEQA in that it implements state ADU law. 7 SECTION 3. General Plan. The City Council hereby finds that the adoption of the 8 Ordinance is consistent with the General Plan as a matter of law under Government Code 9 section 66314(c). 10
SECTION 4. Code Amendment. Section 18.48.150 – ACCESSORY DWELLING 11 UNITS of the Colton Municipal Code is hereby amended and restated to read in its entirety 12 as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference. 13 SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption. 14 SECTION 6 . HCD Submittal. In accordance with Government Code section 15 66326, the City Clerk is directed to submit a copy of this Ordinance to the California 16 Department of Housing and Community Development within 60 days after adoption. 17 SECTION 7. Publication. The City Clerk is directed to certify to the adoption of 18 this Ordinance and post or publish this Ordinance as required by law. 19 SECTION 8. Custodian of Records. The custodian of records for this Ordinance is 20 the City Clerk and the records comprising the administrative record are located at 650 N. 21 La Cadena Drive, Colton, CA 92324. 22
SECTION 9. Severability. If any provision of this Ordinance or its application to 23 any person or circumstance is held to be invalid by a court of competent jurisdiction, such 24 invalidity has no effect on the other provisions or applications of the Ordinance that can be 25 given effect without the invalid provision or application, and to this extent, the provisions 26 of this Ordinance are severable. The City Council declares that it would have adopted this 27 Ordinance irrespective of the invalidity of any portion thereof. 28 29 30
31 32
33 34
35
23152.06300\41318891.2
3 Exhibit “A-1” 1
2 SECTION 18.48.150 – ACCESSORY DWELLING UNITS 3
Section 18.48.150 - Accessory Dwelling Units 4
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units 5 (ADUs) and junior accessory dwelling units (JADUs) in compliance with California 6 Government Code sections 65852.2 and 65852.22. Chapter 13 of Division 1 of Title 7 7 of the California Government Code. 8
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section 9 will not be: 10
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for 11 the lot on which the ADU or JADU is located. 12
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is 13 located. 14
(3) Considered in the application of any local ordinance, policy, or program to limit 15 residential growth. 16
(4) Required to correct a nonconforming zoning condition, as defined in subsection 17 (c)(8) below. This does not prevent the City from enforcing compliance with 18 applicable building standards in accordance with Health and Safety Code section 19 17980.12. 20
(c) Definitions. As used in this section, terms are defined as follows: 21 (1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential 22 dwelling unit that provides complete independent living facilities for one or more 23 persons and is located on a lot with a proposed or existing primary residence. An 24 accessory dwelling unit also includes the following: 25 (A) An efficiency unit, as defined by section 17958.1 of the California 26 Health and Safety Code; and 27
(B) A manufactured home, as defined by section 18007 of the 28 California Health and Safety Code. 29
(2) “Accessory structure” means a structure that is accessory and incidental to a 30 dwelling located on the same lot. 31
(3) “Complete independent living facilities” means permanent provisions for living, 32 sleeping, eating, cooking, and sanitation on the same parcel as the single-family 33 or multifamily dwelling is or will be situated. 34
(4) “Efficiency kitchen” means a kitchen that includes all of the following: 35
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4 (A) A cooking facility with appliances. 1
(B) A food preparation counter and storage cabinets that are of a 2 reasonable size in relation to the size of the JADU. 3 (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies 4 all of the following: 5
(A) It is no more than 500 square feet of interior livable space in 6 size. 7
(B) It is contained entirely within an existing or proposed single-8 family structure. An enclosed use within the residence, such as an 9 attached garage, is considered to be a part of and contained within 10 the single-family structure. 11
(C) It includes its own separate sanitation facilities or shares 12 sanitation facilities with the existing or proposed single-family 13 structure. 14
(D) If the unit does not include its own separate bathroom, then it 15 contains an interior entrance to the main living area of the existing 16 or proposed single-family structure in addition to an exterior 17 entrance that is separate from the main entrance to the primary 18 dwelling. 19
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) 20 above. 21
(6) “Livable space” means a space in a dwelling intended for human habitation, 22 including living, sleeping, eating, cooking, or sanitation. 23 (7) “Living area” means the interior habitable area of a dwelling unit, including 24 basements and attics, but does not include a garage or any accessory structure. 25 (8) “Nonconforming zoning condition” means a physical improvement on a property 26 that does not conform with current zoning standards. 27 (9) “Passageway” means a pathway that is unobstructed clear to the sky and extends 28 from a street to one entrance of the ADU or JADU. 29
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application 30 and that meets the requirements for permitting. 31
(11) “Public transit” means a location, including, but not limited to, a bus stop or train 32 station, where the public may access buses, trains, subways, and other forms of 33 transportation that charge set fares, run on fixed routes, and are available to the 34 public. 35
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5 (12) “Tandem parking” means that two or more automobiles are parked on a driveway 1 or in any other location on a lot, lined up behind one another. 2 (d) Approvals. The following approvals apply to ADUs and JADUs under this section: 3 (1) Ministerial ADU and Building Permits Required. Every ADU and JADU 4 requires an ADU permit and a building permit. The city will review and 5 approve permit applications in accordance with subsection (d)(3) below. 6 (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in 7 processing ADU permits, including the costs of adopting or amending the 8 city’s ADU ordinance. The ADU -permit processing fee is determined by the 9 Development Services Director and approved by the city council by resolution. 10 (3) Process and Timing. 11
(A) Completeness. 12
(i) Determination in 15 days. The city will determine whether an 13 application to create or serve an ADU or JADU is complete and 14 will provide written notice of the determination to the applicant 15 within 15 business days after the city receives the application 16 submittal. 17
(ii) Incomplete items. If the city’s determination under subsection 18 (d)(3)(A)(i) above is that the application is incomplete, the city’s 19 notice must list the incomplete items and describe how the 20 application can be made complete. 21
(iii) Cure. After receiving a notice that the application is incomplete, 22 the applicant may cure and address the items that were deemed 23 by the city to be incomplete. 24
(iv) Subsequent submittals. If the applicant submits additional 25 information to address incomplete items, within 15 business 26 days of the subsequent submittal the city will determine in 27 writing whether the additional information remedies all the 28 incomplete items that the city identified in its original notice. 29 The city may not require the application to include an item that 30 was not included in the original notice. 31
(v) Deemed complete. If the city does not make a timely 32 determination as required by this subsection (A), the application 33 or resubmitted application is deemed complete for the purposes 34 of subsection (d)(3)(C) below. 35
(vi) Appeal of incompleteness. An applicant may appeal the city’s 36 determination that the application is incomplete by submitting 37 a written appeal to the city clerk. The planning commission will 38
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6 review the written appeal and affirm or reverse the 1 completeness determination and provide a final written 2 determination to the applicant within 60 business days after 3 receipt of the appeal. 4
(B) No discretion or hearing. Ministerial permits for an ADU or JADU are 5 considered and approved without discretionary review or a hearing. 6 (C) Deadline to approve or deny ministerial approvals. The city must 7 approve or deny an application to create an ADU or JADU within 60 8 days from the date that the city receives a complete application. If the 9 city has not approved or denied the complete application within 60 10 days, the application is deemed approved unless either: 11 (i) The applicant requests a delay, in which case the 60 -day time 12 period is tolled for the period of the requested delay, or 13 (ii) When an application to create an ADU or JADU is submitted 14 with a permit application to create a new single- family or 15 multifamily dwelling on the lot, the city may delay acting on the 16 permit application for the ADU or JADU until the city acts on 17 the permit application to create the new single- family or 18 multifamily dwelling, but the application to create the ADU or 19 JADU will still be considered ministerially without 20
discretionary review or a hearing. 21
(D) Denial. If the city denies an application to create an ADU or JADU, the 22 city must provide the applicant with comments that include, among 23 other things, a list of all the defective or deficient items and a 24 description of how the application may be remedied by the applicant. 25 Notice of the denial and corresponding comments must be provided to 26 the applicant within the 60 -day time period established by subsection 27 (d)(3)(C) above. 28
(E) Appeal of denial. An applicant may appeal the city’s denial of the 29 application by submitting a written appeal to the city clerk. The 30 planning commission will review the written appeal and affirm or 31 reverse the denial and provide a final written determination to the 32 applicant within 60 business days after receipt of the appeal. 33 (F) Concurrent review of demolition. A demolition permit for a detached 34 garage that is to be replaced with an ADU is reviewed with the 35 application for the ADU and issued at the same time. 36 (e) Classes. 37
(1) Class 1: Statutorily Regulated . Class 1 ADUs and JADUs are approved under 38 Government Code section 66323. If an ADU or JADU complies with each of the 39 general requirements in subsection (f) below, it is allowed in each of the scenarios 40
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7 provided in this subsection (e)(1). An ADU and JADU approved under 1 subsection (e)(1)(A) may be combined with an ADU approved under 2 subsection (e)(1)(B), and ADUs approved under subsection (e)(1)(C) may be 3 combined with ADUs approved under subsection (e)(1)(D). 4 (A) Converted on Lot with Single -Family: One ADU as described in this 5 subsection (e)(1)(A) and one JADU on a lot with a proposed or existing 6 single-family dwelling on it, where the ADU or JADU: 7
(i) Is either: within the space of a proposed single -family dwelling; 8 within the existing space of an existing single -family dwelling; or 9 (in the case of an ADU only) within the existing space of an 10 accessory structure, plus up to 150 additional square feet if the 11 expansion is limited to accommodating ingress and egress; and 12 (ii) Has exterior access that is independent of that for the single -family 13 dwelling; and 14
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated 15 by applicable building and fire codes. 16
(iv) The JADU complies with the requirements of Government Code 17 sections 66333 through 66339. 18
(B) Limited Detached on Lot with Single -Family: One detached, new -19 construction ADU on a lot with a proposed or existing single -family 20 dwelling, if the detached ADU satisfies each of the following limitations: 21 (i) The side- and rear-yard setbacks are at least four feet. 22 (ii) The total floor area is 800 square feet of livable space or smaller. 23 (iii) The peak height above grade does not exceed the applicable height 24 limit in subsection (f)(2) below. 25
(C) Converted on Lot with Multifamily: One or more ADUs within portions 26 of existing multifamily dwelling structures that are not used as livable 27 space, including but not limited to storage rooms, boiler rooms, 28 passageways, attics, basements, or garages, if each converted ADU 29 complies with state building standards for dwellings. Under this subsection 30 (e)(1)(C), at least one converted ADU is allowed within an existing 31 multifamily dwelling, up to a quantity equal to 25 percent of the existing 32 multifamily dwelling units. 33
(D) Limited Detached on Lot with Multifamily: No more than two detached 34 ADUs on a lot with a proposed multifamily dwelling, or up to eight 35 detached ADUs on a lot with an existing multifamily dwelling, if each 36 detached ADU satisfies all of the following: 37
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8 (i) The side- and rear-yard setbacks are at least four feet. If the existing 1 multifamily dwelling has a rear or side yard setback of less than four 2 feet, the city will not require any modification to the multifamily 3 dwelling as a condition of approving the ADU. 4
(ii) The peak height above grade does not exceed the applicable height 5 limit provided in subsection (f)(2) below. 6
(iii) If the lot has an existing multifamily dwelling, the quantity of 7 detached ADUs does not exceed the number of primary dwelling 8 units on the lot. 9
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code 10 sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) 11 above, all ADUs are subject to the standards set forth in subsections (f) and (g) 12 below. 13
(f) General ADU and JADU Requirements. The following requirements apply to all Class 14 1 and Class 2 ADUs and JADUs that are approved under subsections Error! Reference 15 source not found. or (e)(2) above: 16
(1) Zoning. 17
(A) Class 1 ADU approved under subsection (e)(1) An ADU or 18 JADU subject only to a building permit under subsection Error! 19 Reference source not found. may be created on a lot in a 20 residential or mixed-use zone. 21
(B) An Class 2 ADU or JADU subject to an ADU permit approved 22 under subsection (e)(2) above may be created on a lot that is 23 zoned to allow single-family dwelling residential use or 24 multifamily dwelling residential use. 25
(C) In accordance with Government Code section 66333(a), a 26 JADU may only be created on a lot zoned for single-family 27 residences. 28
(2) Height. 29
(A) Except as otherwise provided by subsections (f)(2)(B) and 30 (f)(2)(C) below, a detached ADU created on a lot with an existing 31 or proposed single family or multifamily dwelling unit may not 32 exceed 35 feet in height. 33
(B) A detached ADU may be up to two stories with a maximum height 34 of 30 feet if it is created on a lot with an existing or proposed single 35 family or multifamily dwelling unit that is located within one -half 36 mile walking distance of a major transit stop or a high quality 37 transit corridor, as those terms are defined in Section 21155 of the 38
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9 Public Resources Code, and the ADU may be up to two additional 1 feet in height (for a maximum of 32 feet) if necessary to 2 accommodate a roof pitch on the ADU that is aligned with the roof 3 pitch of the primary dwelling unit. 4
(C) A detached ADU created on a lot with an existing or proposed 5 multifamily dwelling that has more than one story above grade 6 may not exceed two stories or 30 feet in height. 7
(D) An ADU that is attached to the primary dwelling may not exceed 8 35 feet in height or the height limitation imposed by the 9 underlying zone that applies to the primary dwelling, whichever is 10 lower. Notwithstanding the foregoing, ADUs subject to this 11 subsection (f)(2)(D) may not exceed two stories. 12
(E) For purposes of this subsection (f)(2), height is measured above 13 existing legal grade to the peak of the structure. 14 (3) Fire Sprinklers. 15
(A) Fire sprinklers are required in an ADU if sprinklers are required 16 in the primary residence. 17
(B) The construction of an ADU does not trigger a requirement for 18 fire sprinklers to be installed in the existing primary dwelling. 19 (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 20 days. This prohibition applies regardless of when the ADU or JADU was created. 21 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as 22 otherwise provided in Government Code Section 65852.26, no ADU or JADU 23 may be sold or otherwise conveyed separately from the lot and the primary 24 dwelling (in the case of a single-family lot) or from the lot and all of the dwellings 25 (in the case of a multifamily lot). 26
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-27 treatment system, the owner must include with the application a percolation test 28 completed within the last five years or, if the percolation test has been recertified, 29 within the last 10 years. 30
(7) Owner Occupancy. 31
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. 32 (B) JADUs. 33
(i) Generally. As required by state law, JADUs are generally 34 subject to an owner -occupancy requirement. A natural person 35 with legal or equitable title to the property must reside on the 36
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10 property, in either the primary dwelling or JADU, as the 1 person’s legal domicile and permanent residence. 2
(ii) Exceptions. The owner- occupancy requirement in this 3 subsection (f)(7)(B) does not apply in either of the following 4 situations: 5
(I) The JADU has separate sanitation facilities (i.e., does not 6 share sanitation facilities with the existing primary 7 dwelling unit structure). 8
(II) The property is entirely owned by another governmental 9 agency, land trust, or housing organization. 10
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a 11 deed restriction must be recorded against the title of the property in the County 12 Recorder’s office and a copy filed with the Director or designee. The deed 13 restriction must run with the land and bind all future owners. The form of the deed 14 restriction will be provided by the City and must provide that: 15 (A) Except as otherwise provided in Government Code Section 16 65852.26, The ADU or JADU may not be sold separately from 17 the primary dwelling. 18
(B) The ADU or JADU is restricted to the approved size and to other 19 attributes allowed by this section. 20
(C) The deed restriction runs with the land and may be enforced 21 against future property owners. 22
(D) The deed restriction may be removed if the owner eliminates the 23 ADU or JADU, as evidenced by, for example, removal of the 24 kitchen facilities. To remove the deed restriction, an owner may 25 make a written request of the Director, providing evidence that 26 the ADU or JADU has in fact been eliminated. The Director may 27 then determine whether the evidence supports the claim that the 28 ADU or JADU has been eliminated. Appeal may be taken from 29 the Director’s determination consistent with other provisions of 30 this Code. If the ADU or JADU is not entirely physically 31 removed, but is only eliminated by virtue of having a necessary 32 component of an ADU or JADU removed, the remaining structure 33 and improvements must otherwise comply with applicable 34 provisions of this Code. 35
(E) The deed restriction is enforceable by the director or his or her 36 designee for the benefit of the City. Failure of the property owner 37 to comply with the deed restriction may result in legal action 38 against the property owner, and the City is authorized to obtain 39 any remedy available to it at law or equity, including, but not 40
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11 limited to, obtaining an injunction enjoining the use of the ADU 1 or JADU in violation of the recorded restrictions or abatement of 2 the illegal unit. 3
(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate 4 sites for housing in accordance with Government Code sections 65583.1 and 5 65852.2, the following requirements must be satisfied: 6 (A) With the Certificate of Occupancy (C of O)building-permit 7 application, the applicant must provide the City with an estimate 8 of the projected annualized rent that will be charged for the ADU 9 or JADU. 10
(B) Within 90 days after each yearly anniversary of the issuance of 11 the Certificate of Occupancy (C of O)building permit, the owner 12 must report the actual rent charged for the ADU or JADU during 13 the prior year. If the City does not receive the report within the 14 90-day period, the owner is in violation of this Code, and the City 15 may send the owner a notice of violation and allow the owner 16 another 30 days to submit the report. If the owner fails to submit 17 the report within the 30-day period, the City may enforce this 18 provision in accordance with applicable law. 19
(10) Building & Safety. 20
(A) Must comply with building code. Subject to subsection 21 (f)(10)(B) below, all ADUs and JADUs must comply with all 22 local building code requirements. 23
(B) No change of occupancy. Construction of an ADU does not 24 constitute a Group R occupancy change under the local building 25 code, as described in Section 310 of the California Building Code, 26 unless the Building Official or Code Enforcement Division 27 officer makes a written finding based on substantial evidence in 28 the record that the construction of the ADU could have a specific, 29 adverse impact on public health and safety. Nothing in this 30 subsection (f)(10)(B) prevents the City from changing the 31 occupancy code of a space that was uninhabitable space or that 32 was only permitted for nonresidential use and was subsequently 33 converted for residential use in accordance with this section. 34 (11) Certificate of Occupancy Timing. 35
(A) Generally. No certificate of occupancy for an ADU or JADU may be 36 issued before the certificate of occupancy is issued for the primary 37 dwelling unit. 38
(B) Limited Exception for State -declared Emergencies. Notwithstanding 39 subsection (f)(11)(A) above, a certificate of occupancy for an ADU may 40
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12 be issued before a certificate of occupancy for the primary dwelling if 1 each of the following requirements are met: 2
(i) The county is subject to a proclamation of a state of emergency 3 made by the California Governor on or after February 1, 2025. 4 (ii) The primary dwelling was substantially damaged or destroyed 5 by an event referenced in the Governor’s state of emergency 6 proclamation. 7
(iii) The ADU has been issued construction permits and has passed 8 all required inspections. 9
(iv) The ADU is not attached to the primary dwelling. 10 11 (g) Specific ADU Requirements. The following requirements apply only to ADUs that 12 require an ADU permit under subsection (e)(2) above. 13 (1) Maximum Size. 14
(A) The maximum size of a detached or attached ADU subject to this 15 subsection (g) is 850 square feet for a studio or one-bedroom unit 16 and 1,200 square feet for a unit with two or more bedrooms. 17 (B) An attached ADU that is created on a lot with an existing primary 18 dwelling is further limited to 75 percent of the floor area of the 19 existing primary dwelling. 20
(C) Application of other development standards in this subsection (g), 21 such as FAR or lot coverage, might further limit the size of the 22 ADU, but no application of the percent-based size limit in 23 subsection (g)(1)(B) above or of an FAR, front setback, lot 24 coverage limit, or open-space requirement may require the ADU 25 to be less than 800 square feet. 26
(2) Floor Area Ratio (FAR). No ADU subject to this subsection (g) may cause the 27 total FAR of the lot to exceed 45 percent, subject to subsection (g)(1)(C) above. 28 (3) Setbacks. 29
(A) An ADU that is subject to this subsection (g) must conform to a 30 25-foot front-yard setback. 31
(B) ADU that is subject to this subsection (g) must conform to 4-foot 32 side- and rear-yard setbacks. 33
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13 (C) No setback is required for an ADU that is subject to this 1 subsection (g) if the ADU is constructed in the same location and 2 to the same dimensions as an existing structure. 3
(4) Lot Coverage. No ADU subject to this subsection (g) may cause the total lot 4 coverage of the lot to exceed 5550 percent, subject to subsection (g)(1)(C) above. 5 (5) Minimum Open Space. No ADU subject to this subsection (g) may cause the 6 total percentage of open space of the lot to fall below 3050 percent, subject to 7 subsection (g)(1)(C) above. 8
(6) Passageway. No passageway, as defined by subsection (c)(9) above, is required 9 for an ADU. 10
(7) Parking. 11
(A) Generally. One off-street parking space is required for each ADU. 12 The parking space may be provided in setback areas or as tandem 13 parking, as defined by subsection (c)(12) above. Off-street 14 parking shall be permitted in setback areas or through tandem 15 parking, unless specific findings are made that parking in 16 setback areas or tandem parking is not feasible based on specific 17 site or regional topographical or fire and safety conditions. 18 (B) The required parking space for the ADU must be located on the 19 same lot as the ADU. 20
(C) Access to all required parking for the ADU and primary dwelling 21 must be from a public street, an alley, or a recorded access 22 easement. For any lot served by a panhandle or easement access, 23 the access must be a minimum 20 feet in width. 24
(D) Curb cuts providing access from the public right-of-way to on-site 25 parking spaces must be approved by the City Engineer in 26 accordance with established, objective standards. A construction 27 permit from the City Engineer shall be obtained for any new or 28 widened curb cuts. 29
(E) Required parking spaces or required maneuvering area must be 30 free of any utility poles, support wires, guard rails, stand pipes or 31 meters. 32
(F) All required parking spaces must be kept clear for parking 33 purposes only. 34
(G) Exceptions. No parking under subsection (g)(7)(A) is required in 35 the following situations: 36
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14 (i) The ADU is located within one-half mile walking distance of 1 public transit, as defined in subsection (c)(11) above. 2 (ii) The ADU is located within an architecturally and historically 3 significant historic district. 4
(iii) The ADU is part of the proposed or existing primary residence or 5 an accessory structure under subsection (e)(1)(A) above. 6 (iv) When on-street parking permits are required but not offered to the 7 occupant of the ADU. 8
(v) When there is an established car share vehicle stop located within 9 one block of the ADU. 10
(vi) When the permit application to create an ADU is submitted with an 11 application to create a new single -family or new multifamily 12 dwelling on the same lot, provided that the ADU or the lot satisfies 13 any other criteria listed in subsections (g)(7)(G)(i) through (v) 14 above. 15
(H) No Replacement. When a garage, carport, or covered parking 16 structure, or uncovered parking space is demolished in 17 conjunction with the construction of an ADU or converted to an 18 ADU, those off-street parking spaces are not required to be 19 replaced. 20
(8) Architectural Requirements. 21
(A) The materials and colors of the exterior walls, roof, and windows 22 and doors must match the appearance and architectural design of 23 those of the primary dwelling. 24
(B) The roof slope must match that of the dominant roof slope of the 25 primary dwelling. The dominant roof slope is the slope shared by 26 the largest portion of the roof. 27
(C) The exterior lighting must be limited to down-lights or as 28 otherwise required by the building or fire code. 29
(D) The ADU must have an independent exterior entrance, apart from 30 that of the primary dwelling. 31
(E) The interior horizontal dimensions of an ADU must be at least 10 32 feet wide in every direction, with a minimum interior wall height 33 of seven feet. 34
(F) Windows and doors of the ADU may not have a direct line of 35 sight to an adjoining residential property. Fencing, landscaping, or 36
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15 privacy glass may be used to provide screening and prevent a 1 direct line of sight. 2
(G) All windows and doors in an ADU are less than 30 feet from a 3 property line that is not a public right-of-way line must either be 4 (for windows) clerestory with the bottom of the glass at least six 5 feet above the finished floor, or (for windows and for doors) 6 utilize frosted or obscure glass. 7
(9) Landscape Requirements. Evergreen landscape screening must be planted and 8 maintained between the ADU and adjacent parcels as follows: 9 (A) At least one 15-gallon size plant shall be provided for every five 10 linear feet of exterior wall. Alternatively, at least one 24” box size 11 plant shall be provided for every ten linear feet of exterior wall. 12 (B) Plant specimens must be at least six feet tall when installed. As an 13 alternative, a solid fence of at least 6 feet in height may be 14 installed. 15
(C) All landscaping must be drought-tolerant. 16
(D) All landscaping must be from the City’s approved plant list. 17 (10) Historical Protections. An ADU that is on or within 600 feet of real property that 18 is listed in the California Register of Historic Resources must be located so as to 19 not be visible from any public right-of-way. 20
(h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 21 ADUs that are approved under subsections Error! Reference source not found. or 22 (e)(2) above. 23
(1) Impact Fees. 24
(A) No impact fee is required for an ADU that is less than 750 square 25 feet in size. For purposes of this subsection (h)(1), “impact fee” 26 means a “fee” under the Mitigation Fee Act (Gov. Code 27 § 66000(b)) and a fee under the Quimby Act (Gov. Code 28 § 66477). “Impact fee” here does not include any connection fee 29 or capacity charge for water or sewer service. 30
(B) A JADU or ADU with less than 500 square feet of interior 31 livable space does not increase assessable space by 500 square 32 feet for purposes of Education Code section 17620(a)(1)(C), 33 and is therefore not subject to school fees under Education 34 Code section 17620. 35
(C) Any impact fee that is required for an ADU that is 750 square feet 36 or larger in size must be charged proportionately in relation to the 37
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16 square footage of the primary dwelling unit. (E.g., the floor area 1 of the ADU, divided by the floor area of the primary dwelling, 2 times the typical fee amount charged for a new dwelling.) 3 (2) Utility Fees. 4
(A) If an ADU is constructed with a new single-family home, a 5 separate utility connection directly between the ADU and the 6 utility and payment of the normal connection fee and capacity 7 charge for a new dwelling are required. 8
(B) Except as described in subsection (h)(2)(A), converted ADUs on a 9 single-family lot that are created under subsection (e)(1)(A) above 10 are not required to have a new or separate utility connection 11 directly between the ADU and the utility. Nor is a connection fee 12 or capacity charge required. 13
(C) Except as described in subsection (h)(2)(A), all ADUs that are not covered 14 by subsection (h)(2)(B) require a new, separate utility connection directly 15 between the ADU and the utility for any utility that is provided by the 16 city. All utilities that are not provided by the city are subject to the 17 connection and fee requirements of the utility provider. 18 (i) The connection is subject to a connection fee or capacity 19 charge that is proportionate to the burden created by the 20 ADU based on either the floor area or the number of 21
drainage-fixture units (DFU) values, as defined by the 22 Uniform Plumbing Code, upon the water or sewer system. 23 (ii) The portion of the fee or charge that is charged by the City 24 may not exceed the reasonable cost of providing this 25 service. 26
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and 27 Unpermitted Structures. 28
(1) Generally. The City will not deny an ADU or JADU application due to a 29 nonconforming zoning condition, building code violation, or unpermitted 30 structure on the lot that does not present a threat to the public health and safety 31 and that is not affected by the construction of the ADU or JADU. 32 (2) Unpermitted ADUs and JADUs constructed before 2020. 33 (A) Permit to Legalize. As required by state law, the City may not 34 deny a permit to legalize an existing but unpermitted ADU or 35 JADU that was constructed before January 1, 2020, if denial is 36 based on either of the following grounds: 37
(i) The ADU or JADU violates applicable building standards, or 38
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17 (ii) The ADU or JADU does not comply with the state ADU or JADU 1 law (Government Code section 65852.2) or this ADU ordinance 2 (section 18.48.150). 3
(B) Exceptions: 4
(i) Notwithstanding subsection (i)(2)(A) above, the City may deny a 5 permit to legalize an existing but unpermitted ADU or JADU that 6 was constructed before January 1, 2020, if the City makes a 7 finding that correcting a violation is necessary to comply with 8 standards specified in California Health and Safety Code section 9 17920.3. 10
(ii) Subsection (i)(2)(A) above does not apply to a building that is 11 deemed to be substandard in accordance with California Health 12 and Safety Code section 17920.3. 13
(j) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that 14 does not conform to the objective standards set forth in subsections (a) through (i) of this 15 section may be allowed by the City with a conditional use permit, in accordance with the 16 other provisions of this title. 17
18 SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 19 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 20 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 21 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 22 thereof. The City Council hereby declares that it would have passed each section, subsection, 23 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 24 or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared 25 unconstitutional, or invalid, or ineffective. 26
27 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT 28
FINDING. The City Council Finds that under California Public Resources Code section 29 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the 30 adoption of an ordinance by a city or county implementing the provisions of section 31 65852.2 of the Government Code, which is California’s ADU law and which also regulates 32 JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily 33 exempt from CEQA in that the proposed ordinance implements the State’s ADU law. 34 35 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in 36 full force and operation from and after thirty (30) days after its final passage and adoption. 37 38 SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this 39 ordinance. Not later than fifteen (15) days following the passage of this ordinance, the 40 ordinance, or a summary thereof, along with the names of the City Council members voting 41 for and against the ordinance, shall be published in a newspaper of general circulation in 42 the City of Colton. 43
44
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18 SECTION 7. FILING. The City Clerk shall submit a copy of this ordinance to 1 the Department of Housing and Community Development within 60 days after adoption. 2 The City Clerk shall also submit a Notice of Exemption within three days after adoption. 3 4 PASSED, APPROVED AND ADOPTED by the City Council of the City of 5 Colton, California, at a regular meeting of the City Council held on the ___ day of ______, 6 2026 by the following vote: 7
8 9
_______________________________ 10
FRANK J. NAVARRO, Mayor 11
12 13
14 15
16 17
18 ATTEST: 19
________________________________ 20
ISAAC T. SUCHIL, City Clerk 21
22
23152.06300\41318891.2
1 ORDINANCE NO. O-07-26 2
3 AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON 4 MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR 5 ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 6 ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC 7 RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP25-0047) 8 9 WHEREAS, the City Council of the City of Colton desires to amend certain provisions of 10 the Colton Zoning Code to ensure consistency with state law; and 11 12 WHEREAS, state law authorizes cities to act by ordinance to provide for the 13 creation and regulation of accessory dwelling units (“ADUs”) and junior accessory 14 dwelling units (“JADUs”); and 15
16 WHEREAS, in recent years, the California Legislature has approved, and the 17 Governor has signed into law, numerous bills that, among other things, amend various 18 sections of the Government Code to impose new limits on local authority to regulate ADUs 19 and JADUs; and 20
21 WHEREAS, in 2025, the California Legislature approved, and the Governor 22 signed into law, Assembly Bill 462 (“AB 462”), Assembly Bill 1154 (“AB 1154”), Senate 23 Bill 9 (“SB 9”), and Senate Bill 543 (“SB 543”), which further amend state ADU law; and 24 WHEREAS, AB 462, AB 1154, SB 9, and SB 543 are in effect, and for the City’s 25 ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 462, 26 AB 1154, SB 9, and SB 543; and 27
WHEREAS, the City desires to amend its local regulatory scheme for the 28 construction of ADUs and JADUs to reflect AB 462, AB 1154, SB 9, and SB 543’s changes 29 to state law; and 30
WHEREAS, on January 13, 2026 and February 24, 2026 the Planning Commission 31 held a duly- noticed public hearing and considered the staff report, recommendations by 32 staff, and public testimony concerning this proposed Ordinance. Following the public 33 hearing, the Planning Commission voted to forward the Ordinance to the City Council with 34 a recommendation in favor of its adoption; and 35
WHEREAS, on March 17 , 2026, the City Council held a duly- noticed public 36 hearing to consider the Ordinance, including: (1) the public testimony and agenda reports 37 prepared in connection with the Ordinance, (2) the policy considerations discussed therein, 38 and (3) the consideration and recommendation by the City’s Planning Commission; and 39 WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 40 NOW, THEREFORE , the City Council of the City of Colton does ordain as 41 follows: 42
SECTION 1. Incorporation. The recitals above are each incorporated by reference 43 and adopted as findings by the City Council. 44
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2 SECTION 2. CEQA. Under California Public Resources Code section 21080.17, 1 the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an 2 ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of 3 Division 1 of Title 7 of the California Government Code, which is California’s ADU law 4 and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the 5 Ordinance is statutorily exempt from CEQA in that it implements state ADU law. 6 SECTION 3. General Plan. The City Council hereby finds that the adoption of the 7 Ordinance is consistent with the General Plan as a matter of law under Government Code 8 section 66314(c). 9
SECTION 4. Code Amendment. Section 18.48.150 – ACCESSORY DWELLING 10 UNITS of the Colton Municipal Code is hereby amended and restated to read in its entirety 11 as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference. 12 SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption. 13 SECTION 6 . HCD Submittal. In accordance with Government Code section 14 66326, the City Clerk is directed to submit a copy of this Ordinance to the California 15 Department of Housing and Community Development within 60 days after adoption. 16 SECTION 7. Publication. The City Clerk is directed to certify to the adoption of 17 this Ordinance and post or publish this Ordinance as required by law. 18 SECTION 8. Custodian of Records. The custodian of records for this Ordinance is 19 the City Clerk and the records comprising the administrative record are located at 650 N. 20 La Cadena Drive, Colton, CA 92324. 21
SECTION 9. Severability. If any provision of this Ordinance or its application to 22 any person or circumstance is held to be invalid by a court of competent jurisdiction, such 23 invalidity has no effect on the other provisions or applications of the Ordinance that can be 24 given effect without the invalid provision or application, and to this extent, the provisions 25 of this Ordinance are severable. The City Council declares that it would have adopted this 26 Ordinance irrespective of the invalidity of any portion thereof. 27 28 29
30 31
32 33
34 35
23152.06300\41318891.2
3 Exhibit “A-1” 1
2 SECTION 18.48.150 – ACCESSORY DWELLING UNITS 3
Section 18.48.150 - Accessory Dwelling Units 4
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units 5 (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of 6 Division 1 of Title 7 of the California Government Code. 7 (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section 8 will not be: 9
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for 10 the lot on which the ADU or JADU is located. 11
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is 12 located. 13
(3) Considered in the application of any local ordinance, policy, or program to limit 14 residential growth. 15
(4) Required to correct a nonconforming zoning condition, as defined in subsection 16 (c)(8) below. This does not prevent the City from enforcing compliance with 17 applicable building standards in accordance with Health and Safety Code section 18 17980.12. 19
(c) Definitions. As used in this section, terms are defined as follows: 20 (1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential 21 dwelling unit that provides complete independent living facilities for one or more 22 persons and is located on a lot with a proposed or existing primary residence. An 23 accessory dwelling unit also includes the following: 24 (A) An efficiency unit, as defined by section 17958.1 of the California 25 Health and Safety Code; and 26
(B) A manufactured home, as defined by section 18007 of the 27 California Health and Safety Code. 28
(2) “Accessory structure” means a structure that is accessory and incidental to a 29 dwelling located on the same lot. 30
(3) “Complete independent living facilities” means permanent provisions for living, 31 sleeping, eating, cooking, and sanitation on the same parcel as the single-family 32 or multifamily dwelling is or will be situated. 33
(4) “Efficiency kitchen” means a kitchen that includes all of the following: 34
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4 (A) A cooking facility with appliances. 1
(B) A food preparation counter and storage cabinets that are of a 2 reasonable size in relation to the size of the JADU. 3 (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies 4 all of the following: 5
(A) It is no more than 500 square feet of interior livable space in size. 6 (B) It is contained entirely within an existing or proposed single-7 family structure. An enclosed use within the residence, such as an 8 attached garage, is considered to be a part of and contained within 9 the single-family structure. 10
(C) It includes its own separate sanitation facilities or shares 11 sanitation facilities with the existing or proposed single-family 12 structure. 13
(D) If the unit does not include its own separate bathroom, then it 14 contains an interior entrance to the main living area of the existing 15 or proposed single-family structure in addition to an exterior 16 entrance that is separate from the main entrance to the primary 17 dwelling. 18
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) 19 above. 20
(6) “Livable space” means a space in a dwelling intended for human habitation, 21 including living, sleeping, eating, cooking, or sanitation. 22 (7) “Living area” means the interior habitable area of a dwelling unit, including 23 basements and attics, but does not include a garage or any accessory structure. 24 (8) “Nonconforming zoning condition” means a physical improvement on a property 25 that does not conform with current zoning standards. 26 (9) “Passageway” means a pathway that is unobstructed clear to the sky and extends 27 from a street to one entrance of the ADU or JADU. 28
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application 29 and that meets the requirements for permitting. 30
(11) “Public transit” means a location, including, but not limited to, a bus stop or train 31 station, where the public may access buses, trains, subways, and other forms of 32 transportation that charge set fares, run on fixed routes, and are available to the 33 public. 34
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5 (12) “Tandem parking” means that two or more automobiles are parked on a driveway 1 or in any other location on a lot, lined up behind one another. 2 (d) Approvals. The following approvals apply to ADUs and JADUs under this section: 3 (1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires 4 an ADU permit and a building permit. The city will review and approve permit 5 applications in accordance with subsection (d)(3) below. 6 (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in 7 processing ADU permits, including the costs of adopting or amending the city’s 8 ADU ordinance. The ADU -permit processing fee is determined by the 9 Development Services Director and approved by the city council by resolution. 10 (3) Process and Timing. 11
(A) Completeness. 12
(i) Determination in 15 days. The city will determine whether an 13 application to create or serve an ADU or JADU is complete and will 14 provide written notice of the determination to the applicant within 15 15 business days after the city receives the application submittal. 16 (ii) Incomplete items. If the city’s determination under subsection 17 (d)(3)(A)(i) above is that the application is incomplete, the city’s 18 notice must list the incomplete items and describe how the 19 application can be made complete. 20
(iii) Cure. After receiving a notice that the application is incomplete, the 21 applicant may cure and address the items that were deemed by the 22 city to be incomplete. 23
(iv) Subsequent submittals. If the applicant submits additional 24 information to address incomplete items, within 15 business days of 25 the subsequent submittal the city will determine in writing whether 26 the additional information remedies all the incomplete items that the 27 city identified in its original notice. The city may not require the 28 application to include an item that was not included in the original 29 notice. 30
(v) Deemed complete. If the city does not make a timely determination 31 as required by this subsection (A), the application or resubmitted 32 application is deemed complete for the purposes of subsection 33 (d)(3)(C) below. 34
(vi) Appeal of incompleteness. An applicant may appeal the city’s 35 determination that the application is incomplete by submitting a 36 written appeal to the city clerk. The planning commission will 37 review the written appeal and affirm or reverse the completeness 38
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6 determination and provide a final written determination to the 1 applicant within 60 business days after receipt of the appeal. 2 (B) No discretion or hearing. Ministerial permits for an ADU or JADU are 3 considered and approved without discretionary review or a hearing. 4 (C) Deadline to approve or deny ministerial approvals. The city must approve 5 or deny an application to create an ADU or JADU within 60 days from the 6 date that the city receives a complete application. If the city has not 7 approved or denied the complete application within 60 days, the application 8 is deemed approved unless either: 9
(i) The applicant requests a delay, in which case the 60-day time period 10 is tolled for the period of the requested delay, or 11
(ii) When an application to create an ADU or JADU is submitted with 12 a permit application to create a new single -family or multifamily 13 dwelling on the lot, the city may delay acting on the permit 14 application for the ADU or JADU until the city acts on the permit 15 application to create the new single-family or multifamily dwelling, 16 but the application to create the ADU or JADU will still be 17 considered ministerially without discretionary review or a hearing. 18 (D) Denial. If the city denies an application to create an ADU or JADU, the city 19 must provide the applicant with comments that include, among other things, 20 a list of all the defective or deficient items and a description of how the 21 application may be remedied by the applicant. Notice of the denial and 22 corresponding comments must be provided to the applicant within the 60-23 day time period established by subsection (d)(3)(C) above. 24 (E) Appeal of denial. An applicant may appeal the city’s denial of the 25 application by submitting a written appeal to the city clerk. The planning 26 commission will review the written appeal and affirm or reverse the denial 27 and provide a final written determination to the applicant within 60 business 28 days after receipt of the appeal. 29
(F) Concurrent review of demolition. A demolition permit for a detached 30 garage that is to be replaced with an ADU is reviewed with the application 31 for the ADU and issued at the same time. 32
(e) Classes. 33
(1) Class 1: Statutorily Regulated . Class 1 ADUs and JADUs are approved under 34 Government Code section 66323. If an ADU or JADU complies with each of the 35 general requirements in subsection (f) below, it is allowed in each of the scenarios 36 provided in this subsection (e)(1). An ADU and JADU approved under subsection 37 (e)(1)(A) may be combined with an ADU approved under subsection (e)(1)(B), and 38 ADUs approved under subsection (e)(1)(C) may be combined with ADUs approved 39 under subsection (e)(1)(D). 40
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7 (A) Converted on Lot with Single -Family: One ADU as described in this 1 subsection (e)(1)(A) and one JADU on a lot with a proposed or existing 2 single-family dwelling on it, where the ADU or JADU: 3
(i) Is either: within the space of a proposed single -family dwelling; 4 within the existing space of an existing single -family dwelling; or 5 (in the case of an ADU only) within the existing space of an 6 accessory structure, plus up to 150 additional square feet if the 7 expansion is limited to accommodating ingress and egress; and 8 (ii) Has exterior access that is independent of that for the single -family 9 dwelling; and 10
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated 11 by applicable building and fire codes. 12
(iv) The JADU complies with the requirements of Government Code 13 sections 66333 through 66339. 14
(B) Limited Detached on Lot with Single -Family: One detached, new -15 construction ADU on a lot with a proposed or existing single -family 16 dwelling, if the detached ADU satisfies each of the following limitations: 17 (i) The side- and rear-yard setbacks are at least four feet. 18 (ii) The total floor area is 800 square feet of livable space or smaller. 19 (iii) The peak height above grade does not exceed the applicable height 20 limit in subsection (f)(2) below. 21
(C) Converted on Lot with Multifamily: One or more ADUs within portions 22 of existing multifamily dwelling structures that are not used as livable 23 space, including but not limited to storage rooms, boiler rooms, 24 passageways, attics, basements, or garages, if each converted ADU 25 complies with state building standards for dwellings. Under this subsection 26 (e)(1)(C), at least one converted ADU is allowed within an existing 27 multifamily dwelling, up to a quantity equal to 25 percent of the existing 28 multifamily dwelling units. 29
(D) Limited Detached on Lot with Multifamily: No more than two detached 30 ADUs on a lot with a proposed multifamily dwelling, or up to eight 31 detached ADUs on a lot with an existing multifamily dwelling, if each 32 detached ADU satisfies all of the following: 33
(i) The side- and rear-yard setbacks are at least four feet. If the existing 34 multifamily dwelling has a rear or side yard setback of less than four 35 feet, the city will not require any modification to the multifamily 36 dwelling as a condition of approving the ADU. 37
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8 (ii) The peak height above grade does not exceed the applicable height 1 limit provided in subsection (f)(2) below. 2
(iii) If the lot has an existing multifamily dwelling, the quantity of 3 detached ADUs does not exceed the number of primary dwelling 4 units on the lot. 5
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code 6 sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) 7 above, all ADUs are subject to the standards set forth in subsections (f) and (g) 8 below. 9
(f) General Requirements. The following requirements apply to all Class 1 and Class 2 10 ADUs and JADUs 11
(1) Zoning. 12
(A) Class 1 ADU approved under subsection (e)(1) may be created on 13 a lot in a residential or mixed-use zone. 14
(B) A Class 2 ADU approved under subsection (e)(2) above may be 15 created on a lot that is zoned to allow single-family dwelling 16 residential use or multifamily dwelling residential use. 17 (C) In accordance with Government Code section 66333(a), a JADU 18 may only be created on a lot zoned for single-family residences. 19 (2) Height. 20
(A) Except as otherwise provided by subsections (f)(2)(B) and 21 (f)(2)(C) below, a detached ADU created on a lot with an existing 22 or proposed single family or multifamily dwelling unit may not 23 exceed 35 feet in height. 24
(B) A detached ADU may be up to two stories with a maximum height 25 of 30 feet if it is created on a lot with an existing or proposed single 26 family or multifamily dwelling unit that is located within one -half 27 mile walking distance of a major transit stop or a high quality 28 transit corridor, as those terms are defined in Section 21155 of the 29 Public Resources Code, and the ADU may be up to two additional 30 feet in height (for a maximum of 32 feet) if necessary to 31 accommodate a roof pitch on the ADU that is aligned with the roof 32 pitch of the primary dwelling unit. 33
(C) A detached ADU created on a lot with an existing or proposed 34 multifamily dwelling that has more than one story above grade 35 may not exceed two stories or 30 feet in height. 36
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9 (D) An ADU that is attached to the primary dwelling may not exceed 1 35 feet in height or the height limitation imposed by the 2 underlying zone that applies to the primary dwelling, whichever is 3 lower. Notwithstanding the foregoing, ADUs subject to this 4 subsection (f)(2)(D) may not exceed two stories. 5
(E) For purposes of this subsection (f)(2), height is measured above 6 existing legal grade to the peak of the structure. 7
(3) Fire Sprinklers. 8
(A) Fire sprinklers are required in an ADU if sprinklers are required 9 in the primary residence. 10
(B) The construction of an ADU does not trigger a requirement for 11 fire sprinklers to be installed in the existing primary dwelling. 12 (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 13 days. This prohibition applies regardless of when the ADU or JADU was created. 14 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as 15 otherwise provided in Government Code Section 65852.26, no ADU or JADU 16 may be sold or otherwise conveyed separately from the lot and the primary 17 dwelling (in the case of a single-family lot) or from the lot and all of the dwellings 18 (in the case of a multifamily lot). 19
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-20 treatment system, the owner must include with the application a percolation test 21 completed within the last five years or, if the percolation test has been recertified, 22 within the last 10 years. 23
(7) Owner Occupancy. 24
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. 25 (B) JADUs. 26
(i) Generally. As required by state law, JADUs are generally subject to 27 an owner -occupancy requirement. A natural person with legal or 28 equitable title to the property must reside on the property, in either 29 the primary dwelling or JADU, as the person’s legal domicile and 30 permanent residence. 31
(ii) Exceptions. The owner -occupancy requirement in this subsection 32 (f)(7)(B) does not apply in either of the following situations: 33 (I) The JADU has separate sanitation facilities (i.e., does not 34 share sanitation facilities with the existing primary dwelling 35 unit structure). 36
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10 (II) The property is entirely owned by another governmental 1 agency, land trust, or housing organization. 2
(8) Deed Restriction. Prior to issuance of a building permit for a JADU, a deed 3 restriction must be recorded against the title of the property in the County 4 Recorder’s office and a copy filed with the Director or designee. The deed 5 restriction must run with the land and bind all future owners. The form of the deed 6 restriction will be provided by the City and must provide that: 7 (A) The JADU may not be sold separately from the primary dwelling. 8 (B) The JADU is restricted to the approved size and to other attributes 9 allowed by this section. 10
(C) The deed restriction runs with the land and may be enforced 11 against future property owners. 12
(D) The deed restriction may be removed if the owner eliminates the 13 JADU, as evidenced by, for example, removal of the kitchen 14 facilities. To remove the deed restriction, an owner may make a 15 written request of the Director, providing evidence that the JADU 16 has in fact been eliminated. The Director may then determine 17 whether the evidence supports the claim that the JADU has been 18 eliminated. Appeal may be taken from the Director’s 19
determination consistent with other provisions of this Code. If the 20 JADU is not entirely physically removed, but is only eliminated 21 by virtue of having a necessary component of a JADU removed, 22 the remaining structure and improvements must otherwise comply 23 with applicable provisions of this Code. 24
(E) The deed restriction is enforceable by the director or his or her 25 designee for the benefit of the City. Failure of the property owner 26 to comply with the deed restriction may result in legal action 27 against the property owner, and the City is authorized to obtain 28 any remedy available to it at law or equity, including, but not 29 limited to, obtaining an injunction enjoining the use of the JADU 30 in violation of the recorded restrictions or abatement of the illegal 31 unit. 32
(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate 33 sites for housing in accordance with Government Code sections 65583.1, the 34 following requirements must be satisfied: 35
(A) With the Certificate of Occupancy (C of O), the applicant must 36 provide the City with an estimate of the projected annualized rent 37 that will be charged for the ADU or JADU. 38
(B) Within 90 days after each yearly anniversary of the issuance of 39 the Certificate of Occupancy (C of O), the owner must report the 40
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11 actual rent charged for the ADU or JADU during the prior year. If 1 the City does not receive the report within the 90-day period, the 2 owner is in violation of this Code, and the City may send the 3 owner a notice of violation and allow the owner another 30 days 4 to submit the report. If the owner fails to submit the report within 5 the 30-day period, the City may enforce this provision in 6 accordance with applicable law. 7
(10) Building & Safety. 8
(A) Must comply with building code. Subject to subsection 9 (f)(10)(B) below, all ADUs and JADUs must comply with all 10 local building code requirements. 11
(B) No change of occupancy. Construction of an ADU does not 12 constitute a Group R occupancy change under the local building 13 code, as described in Section 310 of the California Building Code, 14 unless the Building Official or Code Enforcement Division officer 15 makes a written finding based on substantial evidence in the 16 record that the construction of the ADU could have a specific, 17 adverse impact on public health and safety. Nothing in this 18 subsection (f)(10)(B) prevents the City from changing the 19 occupancy code of a space that was uninhabitable space or that 20 was only permitted for nonresidential use and was subsequently 21 converted for residential use in accordance with this section. 22 (11) Certificate of Occupancy Timing. 23
(A) Generally. No certificate of occupancy for an ADU or JADU may be issued 24 before the certificate of occupancy is issued for the primary dwelling unit. 25 (B) Limited Exception for State -declared Emergencies. Notwithstanding 26 subsection (f)(11)(A) above, a certificate of occupancy for an ADU may be 27 issued before a certificate of occupancy for the primary dwelling if each of 28 the following requirements are met: 29
(i) The county is subject to a proclamation of a state of emergency 30 made by the California Governor on or after February 1, 2025. 31 (ii) The primary dwelling was substantially damaged or destroyed by an 32 event referenced in the Governor’s state of emergency 33 proclamation. 34
(iii) The ADU has been issued construction permits and has passed all 35 required inspections. 36
(iv) The ADU is not attached to the primary dwelling. 37 38
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12 (g) Specific ADU Requirements. The following requirements apply only to ADUs that 1 require an ADU permit under subsection (e)(2) above. 2
(1) Maximum Size. 3
(A) The maximum size of a detached or attached ADU subject to this 4 subsection (g) is 850 square feet for a studio or one-bedroom unit 5 and 1,200 square feet for a unit with two or more bedrooms. 6 (B) An attached ADU that is created on a lot with an existing primary 7 dwelling is further limited to 75 percent of the floor area of the 8 existing primary dwelling. 9
(C) Application of other development standards in this subsection (g), 10 such as FAR or lot coverage, might further limit the size of the 11 ADU, but no application of the percent-based size limit in 12 subsection (g)(1)(B) above or of an FAR, front setback, lot 13 coverage limit, or open-space requirement may require the ADU 14 to be less than 800 square feet. 15
(2) Floor Area Ratio (FAR). No ADU subject to this subsection (g) may cause the total 16 FAR of the lot to exceed 45 percent, subject to subsection (g)(1)(C) above. 17 (3) Setbacks. 18
(A) An ADU that is subject to this subsection (g) must conform to a 19 25-foot front-yard setback. 20
(B) ADU that is subject to this subsection (g) must conform to 4-foot 21 side- and rear-yard setbacks. 22
(C) No setback is required for an ADU that is subject to this 23 subsection (g) if the ADU is constructed in the same location and 24 to the same dimensions as an existing structure. 25
(4) Lot Coverage. No ADU subject to this subsection (g) may cause the total lot 26 coverage of the lot to exceed 50 percent, subject to subsection (g)(1)(C) above. 27 (5) Minimum Open Space. No ADU subject to this subsection (g) may cause the 28 total percentage of open space of the lot to fall below 50 percent, subject to 29 subsection (g)(1)(C) above. 30
(6) Passageway. No passageway, as defined by subsection (c)(9) above, is required 31 for an ADU. 32
(7) Parking. 33
(A) Generally. One off-street parking space is required for each ADU. 34 The parking space may be provided in setback areas or as tandem 35
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13 parking, as defined by subsection (c)(12) above. Off-street 1 parking shall be permitted in setback areas or through tandem 2 parking, unless specific findings are made that parking in 3 setback areas or tandem parking is not feasible based on specific 4 site or regional topographical or fire and safety conditions. 5 (B) The required parking space for the ADU must be located on the 6 same lot as the ADU. 7
(C) Access to all required parking for the ADU and primary dwelling 8 must be from a public street, an alley, or a recorded access 9 easement. For any lot served by a panhandle or easement access, 10 the access must be a minimum 20 feet in width. 11
(D) Curb cuts providing access from the public right-of-way to on-site 12 parking spaces must be approved by the City Engineer in 13 accordance with established, objective standards. A construction 14 permit from the City Engineer shall be obtained for any new or 15 widened curb cuts. 16
(E) Required parking spaces or required maneuvering area must be 17 free of any utility poles, support wires, guard rails, stand pipes or 18 meters. 19
(F) All required parking spaces must be kept clear for parking 20 purposes only. 21
(G) Exceptions. No parking under subsection (g)(7)(A) is required in 22 the following situations: 23
(i) The ADU is located within one-half mile walking distance of 24 public transit, as defined in subsection (c)(11) above. 25 (ii) The ADU is located within an architecturally and historically 26 significant historic district. 27
(iii) The ADU is part of the proposed or existing primary residence or 28 an accessory structure under subsection (e)(1)(A) above. 29 (iv) When on-street parking permits are required but not offered to the 30 occupant of the ADU. 31
(v) When there is an established car share vehicle stop located within 32 one block of the ADU. 33
(vi) When the permit application to create an ADU is submitted with an 34 application to create a new single -family or new multifamily 35 dwelling on the same lot, provided that the ADU or the lot satisfies 36
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14 any other criteria listed in subsections (g)(7)(G)(i) through (v) 1 above. 2
(H) No Replacement. When a garage, carport, or covered parking 3 structure, or uncovered parking space is demolished in 4 conjunction with the construction of an ADU or converted to an 5 ADU, those off-street parking spaces are not required to be 6 replaced. 7
(8) Architectural Requirements. 8
(A) The materials and colors of the exterior walls, roof, and windows 9 and doors must match the appearance and architectural design of 10 those of the primary dwelling. 11
(B) The roof slope must match that of the dominant roof slope of the 12 primary dwelling. The dominant roof slope is the slope shared by 13 the largest portion of the roof. 14
(C) The exterior lighting must be limited to down-lights or as 15 otherwise required by the building or fire code. 16
(D) The ADU must have an independent exterior entrance, apart from 17 that of the primary dwelling. 18
(E) The interior horizontal dimensions of an ADU must be at least 10 19 feet wide in every direction, with a minimum interior wall height 20 of seven feet. 21
(F) Windows and doors of the ADU may not have a direct line of 22 sight to an adjoining residential property. Fencing, landscaping, or 23 privacy glass may be used to provide screening and prevent a 24 direct line of sight. 25
(G) All windows and doors in an ADU are less than 30 feet from a 26 property line that is not a public right-of-way line must either be 27 (for windows) clerestory with the bottom of the glass at least six 28 feet above the finished floor, or (for windows and for doors) 29 utilize frosted or obscure glass. 30
(9) Landscape Requirements. Evergreen landscape screening must be planted and 31 maintained between the ADU and adjacent parcels as follows: 32 (A) At least one 15-gallon size plant shall be provided for every five 33 linear feet of exterior wall. Alternatively, at least one 24” box size 34 plant shall be provided for every ten linear feet of exterior wall. 35
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15 (B) Plant specimens must be at least six feet tall when installed. As an 1 alternative, a solid fence of at least 6 feet in height may be 2 installed. 3
(C) All landscaping must be drought-tolerant. 4
(D) All landscaping must be from the City’s approved plant list. 5 (10) Historical Protections. An ADU that is on or within 600 feet of real property that 6 is listed in the California Register of Historic Resources must be located so as to 7 not be visible from any public right-of-way. 8
(h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 9 ADUs that are approved under subsections Error! Reference source not found. or 10 (e)(2) above. 11
(1) Impact Fees. 12
(A) No impact fee is required for an ADU that is less than 750 square 13 feet in size. For purposes of this subsection (h)(1), “impact fee” 14 means a “fee” under the Mitigation Fee Act (Gov. Code 15 § 66000(b)) and a fee under the Quimby Act (Gov. Code 16 § 66477). “Impact fee” here does not include any connection fee 17 or capacity charge for water or sewer service. 18
(B) A JADU or ADU with less than 500 square feet of interior livable 19 space does not increase assessable space by 500 square feet for 20 purposes of Education Code section 17620(a)(1)(C), and is 21 therefore not subject to school fees under Education Code section 22 17620. 23
(C) Any impact fee that is required for an ADU that is 750 square feet 24 or larger in size must be charged proportionately in relation to the 25 square footage of the primary dwelling unit. (E.g., the floor area 26 of the ADU, divided by the floor area of the primary dwelling, 27 times the typical fee amount charged for a new dwelling.) 28 (2) Utility Fees. 29
(A) If an ADU is constructed with a new single-family home, a 30 separate utility connection directly between the ADU and the 31 utility and payment of the normal connection fee and capacity 32 charge for a new dwelling are required. 33
(B) Except as described in subsection (h)(2)(A), converted ADUs on a 34 single-family lot that are created under subsection (e)(1)(A) above 35 are not required to have a new or separate utility connection 36 directly between the ADU and the utility. Nor is a connection fee 37 or capacity charge required. 38
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16 (C) Except as described in subsection (h)(2)(A), all ADUs that are not covered 1 by subsection (h)(2)(B) require a new, separate utility connection directly 2 between the ADU and the utility for any utility that is provided by the city. 3 All utilities that are not provided by the city are subject to the connection 4 and fee requirements of the utility provider. 5
(i) The connection is subject to a connection fee or capacity 6 charge that is proportionate to the burden created by the 7 ADU based on either the floor area or the number of 8
drainage-fixture units (DFU) values, as defined by the 9 Uniform Plumbing Code, upon the water or sewer system. 10 (ii) The portion of the fee or charge that is charged by the City 11 may not exceed the reasonable cost of providing this 12 service. 13
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and 14 Unpermitted Structures. 15
(1) Generally. The City will not deny an ADU or JADU application due to a 16 nonconforming zoning condition, building code violation, or unpermitted 17 structure on the lot that does not present a threat to the public health and safety 18 and that is not affected by the construction of the ADU or JADU. 19 (2) Unpermitted ADUs and JADUs constructed before 2020. 20 (A) Permit to Legalize. As required by state law, the City may not 21 deny a permit to legalize an existing but unpermitted ADU or 22 JADU that was constructed before January 1, 2020, if denial is 23 based on either of the following grounds: 24
(i) The ADU or JADU violates applicable building standards, or 25 (ii) The ADU or JADU does not comply with the state ADU or JADU 26 law (Government Code section 65852.2) or this ADU ordinance 27 (section 18.48.150). 28
(B) Exceptions: 29
(i) Notwithstanding subsection (i)(2)(A) above, the City may deny a 30 permit to legalize an existing but unpermitted ADU or JADU that 31 was constructed before January 1, 2020, if the City makes a 32 finding that correcting a violation is necessary to comply with 33 standards specified in California Health and Safety Code section 34 17920.3. 35
(ii) Subsection (i)(2)(A) above does not apply to a building that is 36 deemed to be substandard in accordance with California Health 37 and Safety Code section 17920.3. 38
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17 1
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 2 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 3 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 4 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 5 thereof. The City Council hereby declares that it would have passed each section, subsection, 6 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 7 or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared 8 unconstitutional, or invalid, or ineffective. 9
10 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT 11
FINDING. The City Council Finds that under California Public Resources Code section 12 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the 13 adoption of an ordinance by a city or county implementing the provisions of section 14 65852.2 of the Government Code, which is California’s ADU law and which also regulates 15 JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily 16 exempt from CEQA in that the proposed ordinance implements the State’s ADU law. 17 18 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in 19 full force and operation from and after thirty (30) days after its final passage and adoption. 20 21 SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this 22 ordinance. Not later than fifteen (15) days following the passage of this ordinance, the 23 ordinance, or a summary thereof, along with the names of the City Council members voting 24 for and against the ordinance, shall be published in a newspaper of general circulation in 25 the City of Colton. 26
27 SECTION 7. FILING. The City Clerk shall submit a copy of this ordinance to 28 the Department of Housing and Community Development within 60 days after adoption. 29 The City Clerk shall also submit a Notice of Exemption within three days after adoption. 30 31 PASSED, APPROVED AND ADOPTED by the City Council of the City of 32 Colton, California, at a regular meeting of the City Council held on the ___ day of ______, 33 2026 by the following vote: 34
35 36
_______________________________ 37
FRANK J. NAVARRO, Mayor 38
39 40
41 42
43 44
45 ATTEST: 46
________________________________ 47
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18 ISAAC T. SUCHIL, City Clerk 1
2