INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
ITEM NO. 7
COUNCIL AGENDA ITEM
FOR JANUARY 20, 2026
Prepared By: Jaylen French, City Manager
Date: December 19, 2025
Subject: Introduce and Waive the First Reading or Ordinance No. XXX Adding Chapter XX “Additives to Public Water Supply” to Title 8 “Health And Safety” of the Escalon Municipal Code Restricting Use of Fluoride in City Water Treatment Processes and Restricting Acceptance of Water from Outside Source Treated with Fluoride
Recommendation:
1. Introduce and waive the first reading of Ordinance No. XXX adding Chapter XX “Additives to Public Water Supply” to Title 8 “Health And Safety” of the Escalon Municipal Code restricting use of Fluoride in City water treatment processes and restricting acceptance of water from outside source treated with Fluoride.
2. Schedule a public hearing for February 16, 2026 to consider the Ordinance’s adoption.
Strategic Plan Priority:
This item is not directly applicable to a Strategic Priority of the adopted Escalon 2025-2026 Strategic Plan.
Background Information:
Mayor Hagan submitted an Agenda Item Request Form on October 27, 2025 with support from Councilmember Kay “To ban the use of Fluoride from being used in Escalon water; and to prohibit receipt of Fluoride treated water (surface or other) from outside entity.” On December 1, 2025, the Council heard this item and provided direction to staff to draft an ordinance outlining a restriction on treating city water with Fluoride, and prohibiting receiving water from an outside entity treated with Fluoride. The Ordinance further outlines that if the City were to consider an outside source of water that is treated with Fluoride a community meeting would be triggered and council deliberation. And, if, in the event that the City were in an existing water agreement with an outside entity and said outside entity began to treat water with Fluoride, the Ordinance specifiesthat the Council shall automatically, and at that time, review the current matter as it pertains to this Ordinance and the full scope of the situation.
Discussion:
This item is to consider the Ordinance as provided and as directed by the City Council.
Fiscal Impact:
There is no direct fiscal impact associated with banning a treatment substance in City water or received water.
Attachment:
1. Ordinance No. XXX, Adding Chapter XX “Additives to public water supply” to Title 8 “Health and Safety” of the Escalon Municipal Code relating to the addition of Fluoride to the City’s Public Water Supply.
ITEM NO. 8
COUNCIL AGENDA ITEM
FOR JANUARY 20, 2026
Prepared By: Trevin W. Barber, Development & Community Services Manager Date: December 30, 2025
Subject: Consider Resolution xx-26 Increasing the Construction Contract Amount for the Well No. 1A Improvement Project Awarded to Conco-West, Inc. to $3,682,415, and Aligning the Contract Amount with the Updated DWSRF Loan Authorization Approved on November 6, 2023
Recommendation:
Adopt Resolution xx-26 increasing the construction contract amount for the Well No. 1A Improvement Project awarded to Conco‑West, Inc. on September 5, 2023, amending the not‑to‑exceed amount from $2,918,270 to $3,682,415, consistent with the updated Drinking Water State Revolving Fund (DWSRF) financing authorization approved by the City Council on November 6, 2023.
Strategic Plan Priority:
This project is consistent with the Escalon Strategic Plan Priority #4, Infrastructure, in that it utilizes available funding to make strategic investments in daily use infrastructure.
Background:
On September 5, 2023, the City Council awarded the Well No. 1A Improvement Project to Conco-West, Inc. in the amount of $2,537,626 and approved a 15 percent contingency, establishing a total not-to-exceed contract amount of $2,918,270. This action authorized the City Manager to execute the construction contract and administer change orders within the approved contingency. At the time of award, the project scope reflected the design and cost assumptions available in mid-2023.
Following the award, staff continued to coordinate with the State Water Resources Control Board (SWRCB), Blackwater Consulting, and the contractor to refine the project scope and ensure compliance with updated State requirements. During this period, several necessary modifications were identified that increased the overall project cost beyond the original contract amount and contingency. These included the conversion of the well site to Modesto Irrigation District (MID) power to reduce long-term operational costs, the addition of a chlorination system to meet updated water quality requirements, and upgrades to the variable frequency drive (VFD), electrical service, and associated components. These refinements were required to ensure the project met current regulatory standards and would be eligible for continued State financing.
As these changes were identified, staff briefed the City Council on the increased project costs and the
need to pursue additional funding through the Drinking Water State Revolving Fund (DWSRF). On November 6, 2023, the City Council adopted an updated reimbursement resolution and authorized staff to submit an amended construction funding application to the SWRCB. This action increased the authorized DWSRF loan amount to $3,682,415, reflecting the revised total project cost and ensuring that the City would have sufficient financing to complete the project. The Council’s action acknowledged the increased cost and authorized the City Manager to execute the updated financing documents.
Discussion:
Staff delayed amending the contract amount in 2023 until all plans and final costs were to ensure subsequent further action was not required.
Since the approved loan authority is above the total cost of the project, this item seeks the approved contract amount to cover the contractor’s cost and to create an administrative consistency.
The contract can now be amended to match the financing authorization already approved by the City Council. The total and updated project costs does not exceed the approved DWSRF loan amount as refined through coordination with the SWRCB.
Fiscal Impact:
Amending the construction contract amount to $3,682,415 aligns the contract with the DWSRF financing authorization approved by the City Council on November 6, 2023. The increased amount will be funded through the amended DWSRF loan, which is repaid from net Water Enterprise Fund revenues.
No General Fund resources are required for this action.
Attachments:
1. Resolution xx-26 Increasing the Construction Contract Amount for the Well No. 1A Improvement Project Awarded to Conco-West, Inc. Amending the Not-To-Exceed Amount to $3,682,415
ITEM NO. 9
COUNCIL AGENDA ITEM
FOR JANUARY 20, 2025
Prepared By: Jaylen French, City Manager
Date: December 23, 2025
Subject: Agenda Item Request to Consider City Council Term Limits and Further Consider City Council Compensation
Recommendation:
Consider Agenda Item Request from Councilmember Engle, supported by Mayor Hagan, to consider City Council term limits and further consider City Council compensation.
Strategic Plan Priority:
This item is not directly applicable to a Strategic Priority of the adopted Escalon 2025-2026 Strategic Plan.
Background:
At the November 3, 2025 City Council meeting, Councilmember Engle, during Council Communications, sought support for the Council to consider Escalon Council term limits. This item was supported by Mayor Hagan. He then sought support to further consider Council’s compensation. This item was supported by Mayor Pro Tem Walker. Councilmember Strohman suggested that City staff review council term limits and compensation of other nearby and similarly sized communities to assist the council in their consideration of the matter.
According to Councilmember Engle, the consideration of term limits and consideration of increased council compensation work together, and if implemented, could help to ensure that more individuals in the community are able to serve in the capacity of a council member and lead the city.
Term Limits
The City of Escalon has not established Council term limits in any manner in the past, and the Escalon Municipal Code (EMC) is silent on this topic.
Council Compensation
Ordinance No. 251, 1986, established the Escalon City Council compensation rate and approach. This can be found in EMC §2.04.030 to §2.04.060. In summary, California Government Code (CGC) §36516
permits city councils to enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city. Councils in cities of up to 35,000 in population are permitted to receive up to $950 per month in compensation. Currently, each member of the Escalon city council shall receive as salary the sum of $300.00 per month.
Discussion:
Since the time of the Agenda Item Request, City staff has researched eleven (11) cities in San Joaquin and adjacent counties, including:
- City of Dos Palos
- City of Gustine
- City of Hughson
- City of Waterford
- City of Newman
- City of Ripon
- City of Dixon
- City of Oakdale
- City of Patterson
- City of Riverbank
- City of Mountain House
The research indicates that none of the 11 selected cities implement Council term limits. However, larger cities in the area like Tracy, Modesto and Stockton do have term limits—typically two total terms as a councilmember and then one or two terms as the Mayor, a position that is separately voted into office.
SORTED BY POPULATION
CITY Population COUNCIL COMPENSATION TERMS
CITY OF MOUNTAIN HOUSE 25,108 City Council & Mayor $950 No term limits
CITY OF RIVERBANK 24,881 Council $900 / Mayor $950 per month No term limits
CITY OF PATTERSON 24,306 Council $396 / Mayor $660 per month No term limits
CITY OF OAKDALE 23,155 Council & Mayor $371.29 per month No term limits
CITY OF DIXON 19,158 Council $535 / Mayor $630 & Health Benefits or stipend for waiver
No term
limits
CITY OF RIPON 16,117 Council / Mayor $300 & Health Benefits equivalent to employees
No term
limits
CITY OF NEWMAN 12,299 Council $100 / Mayor $250 per month No term limits
CITY OF WATERFORD 9,177 Council & Mayor $300 per month No term limits
CITY OF HUGHSON 7,541 Council $250/Mayor $300 per month No term limits
CITY OF ESCALON 7,429 Council & Mayor $300 per month No term limits
CITY OF GUSTINE 6,118 Council & Mayor $300 per month No term limits
CITY OF DOS PALOS 5,757 Council & Mayor $150 per month No term limits
In regard to Council compensation, there is more variability amongst the 11 cities. The table above provides information on each city including the population, council compensation and term limits. This table is sorted by population from largest to smallest.
As outlined above, CGC governs Council compensation. This code, first enacted in 1972 and since amended, establishes maximum compensation levels for each of the six (6) population brackets:
$950 for populations under 35,000,
$1,275 for populations between 35,001-50,000,
$1,600 for populations between 50,001-75,000,
$1,900 for populations between 75,001-150,000,
$2,550 for populations between 150,001-250,000,
$3,200 for populations over 250,000
In 1986, via Ordinance, the Escalon City Council set the compensation rate and approach.
SORTED BY COMPENSATION
CITY Population COUNCIL COMPENSATION TERMS
CITY OF DIXON 19,158 Council $535 / Mayor $630 & Health Benefits or stipend for waiver
No term
limits
CITY OF RIPON 16,117 Council / Mayor $300 Health Benefits equivalent to employees
No term
limits
CITY OF MOUNTAIN HOUSE 25,108 Council & Mayor $950 per month No term limits
CITY OF RIVERBANK 24,881 Council $900 / Mayor $950 per month No term limits
CITY OF PATTERSON 24,306 Council $396 / Mayor $660 per month No term limits
CITY OF OAKDALE 23,155 Council & Mayor $371.29 per month No term limits
CITY OF ESCALON 7,429 Council & Mayor $300 per month No term limits
CITY OF WATERFORD 9,177 Council & Mayor $300 per month No term limits
CITY OF GUSTINE 6,118 Council & Mayor $300 per month No term limits
CITY OF HUGHSON 7,541 Council $250 / Mayor $300 per month No term limits
CITY OF NEWMAN 12,299 Council $100/Mayor $250 per month No term limits
CITY OF DOS PALOS 5,757 Council & Mayor $150 per month No term limits
As outlined in the table above, sorted by compensation level, cities in the under 35,000 population bracket from this region have taken different approaches to council compensation—two communities at
around 25,000 population are near the maximum compensation level and two communities between 15,000 and 20,000 population provide health benefits to members of the council.
It should be noted that a small handful of communities, including Modesto use appointed member committees to review and set council compensation over time.
Fiscal Impact:
This item is to provide information to the Council based on a Councilmember requested Agenda item.
Should the council choose to take action and increase council compensation, the increase would have a direct and proportional impact on the city’s General Fund.
Attachments:
1. City Council Term Limit and City Council Compensation Comparison Spreadsheet
2. Ordinance 251, 1986
ITEM NO. 11
COUNCIL AGENDA ITEM
FOR JANUARY 20, 2026
Prepared By: Trevin W. Barber, Development and Community Services Manager Date: January 6, 2025
Subject: Consider Adoption of Various Resolutions Establishing and Formalizing the 2026 Economic Development Incentive Program
Recommendation:
Adopt the following four resolutions to formally establish the City’s Economic Development Incentive Programs:
a) Resolution xx-26 adopting the Economic Development Incentive Framework b) Resolution xx-26 establishing the New Business Grant Program and adopting the New Business Grant Incentive Policy
c) Resolution xx-26 establishing the Business Expansion Grant Program and adopting the Business Expansion Incentive Policy
d) Resolution xx-26 adopting the Tax Rebate Incentive Policy and authorizing the City Manager to negotiate conditional tax rebate agreements
The subject resolutions serve to implement the direction on the conceptual 2026 Economic Development Incentive Program provided by the City Council at its December 15, 2025, meeting, and authorize staff to administer the programs consistent with the adopted policies.
Strategic Plan Priority:
This item is directly related to Strategic Priority #1, Economic Development, of the adopted Escalon 2025-2026 Strategic Plan in that it seeks to implement goal #4, Invest in economic development. Create a program by December 31, 2025.
Background:
In June 2025, the City Council adopted the 2025–2026 Strategic Plan, which established economic development as a top priority for the organization. The Strategic Plan identified the need to strengthen Escalon’s fiscal base, support local businesses, and attract traded‑sector employers as essential steps to ensure the City is able to provide essential services as well as maintain and enhance the City’s quality of life. The plan also directed staff to pursue both near‑term pilot programs and a comprehensive EDSP to ensure that Escalon continues to grow and diversify its economy. To this
end, the City Council allocated $150,000 of Measure P funds to invest in Economic Development, inclusive of a new strategic plan and short-term programming.
To support implementation of this work, the City issued a Request for Proposals for an Economic Development Strategic Plan (EDSP). The proposals were due January 8, 2026. City staff is currently reviewing the proposals and will bring a recommendation before the Council for approval in the coming meetings. While the EDSP is being developed, the City plans to launch near‑term pilot incentives (the 2026 Economic Development Incentive Program) to support immediate business needs, test incentive tools, and build economic momentum.
On December 15, 2025, the City Council conceptually approved and directed staff to return with program‑specific resolutions for adoption of the 2026 Economic Development Program. In June, 2025, as part of the Fiscal Year 2025-2026 City Budget, the Council allocated $50,000 in Measure P funds to support various initiatives that strengthen Escalon’s economic base, support local entrepreneurs, and attract traded‑sector employers.
Discussion:
The four resolutions associated with this item formalize the 2026 Economic Development Incentive Program, and establish the legal, administrative, and fiscal framework necessary for implementation.
Summary of Proposed Resolutions:
• Economic Development Incentive Framework Policy — This Policy establishes an overarching structure for evaluating, approving, and administering each of the economic development incentives.
• New Business Grant Program and Incentive Policy — This Program is intended to set aside grant funds to support, secure and attract new businesses. • Business Expansion Grant Program and Incentive Policy — This Program is intended to set aside funds to support and encourage businesses to expand, hire new staff, secure new equipment that will help them secure additional contracts, enter new and external markets, or hire new staff.
• Tax Rebate Incentive Policy — This Policy is intended to provide for the allowance of performance‑based rebates of new Bradley‑Burns sales tax or Transient Occupancy Tax dollars generated.
Economic Development Incentive Framework Policy Details The Economic Development Incentive Framework Policy provides the foundation for all current and future incentive programs adopted by the City. It seeks to ensure transparency, fiscal responsibility, measurable public benefit, and consistent performance standards across all programs. It further establishes unified standards for evaluating proposals. The Framework ensures that all incentives—whether grants, fee credits, tax rebates, or technical assistance—are administered transparently and consistently, and that each program includes measurable outcomes tied to Council-adopted economic development goals and State legal requirements.
Adoption of this Framework is consistent with Government Finance Officers Association
(GFOA) best practices and creates the legislative record required for the City to administer incentive programs responsibly.
New Business Grant Program and Incentive Policy Details The Start‑Up Pitch Grant Program is designed to support early‑stage entrepreneurs and new businesses seeking to launch in Escalon. The program provides flexible grants with a total program budget of $20,000 previously allocated by the Council. The accompanying Incentive Policy outlines eligibility criteria, allowable uses of funds, evaluation procedures, performance standards, and monitoring requirements. Applicants must submit an application including a short narrative describing their business concept, readiness, community benefit, and proposed use of funds. The policy includes a standardized scoring rubric and requires applicant agreement of terms to ensure accountability. The program is intended to stimulate new business formation, support job creation, and strengthen the City’s small‑business ecosystem.
Business Expansion Grant Program and Incentive Policy Details The Business Expansion Grant Program supports existing Escalon businesses seeking to expand production capacity, enter new geographic markets, hire new staff, or increase competitiveness, especially those that sell goods or services outside the local market. The program provides grants with a total program budget of $20,000. The Incentive Policy defines traded‑sector eligibility, allowable uses of funds—including equipment purchases, facility improvements, technology upgrades, and reimbursement for 2026 expansion‑related expenses—and establishes performance standards tied to output growth, job creation, and tax base expansion. Applicants must submit an application and short expansion proposal. The policy includes a competitive scoring rubric and monitoring requirements to ensure that public funds support measurable economic outcomes.
Tax Rebate Incentive Policy Details
The Tax Rebate Incentive Policy authorizes the City Manager to negotiate conditional, performance‑based rebates of the City’s share of Bradley‑Burns sales tax or Transient Occupancy Tax (TOT), subject to final City Council approval. The policy is intended to attract and retain high‑value businesses or commercial/industrial development projects, support business expansion, and encourage private investment. It includes eligibility criteria, performance requirements, fiscal safeguards, and transparency provisions. Rebates may be offered for up to ten years and must be based solely on new revenue generated by the project.
The policy requires a positive net fiscal benefit analysis and includes clawback provisions to protect the City’s financial interests. Adoption of this policy positions Escalon to compete for revenue‑generating businesses while ensuring responsible stewardship of public funds.
Together, these four resolutions establish the 2026 Economic Development Incentive Program, a comprehensive, transparent, and performance‑based economic development incentive program.
They activate the Measure P revenue set‑aside for economic development, provide the tools necessary to support local entrepreneurs, strengthen traded‑sector businesses, and attract high‑value investment. Adoption of these resolutions will allow staff to begin administering the programs immediately and to advance the City’s long‑term economic development goals.
Fiscal Impact:
There is no additional fiscal impact associated with adopting the subject resolutions. In the Escalon Fiscal Year 2025-2026 Budget, the City Council previously allocated $150,000 in Measure P funding for the 2026 Economic Development Incentive Program, including $40,000 dedicated to the two grant programs:
• $20,000 – New Business Grant Program
• $20,000 – Business Expansion Grant Program
As proposals and applications are received, City staff will review for completeness, and forward eligible submissions to the Escalon Economic Development Committee for a recommendation to the City Council. Expenditures will occur only when the Council approves an application and authorizes a grant award.
All expenditures will be tracked within the City’s Economic Development budget account 100-2200- 0022, with quarterly updates provided to both the Economic Development Committee and the City Council.
To further enhance the program, the City has reached out to local financial institutions to seek financial partners for the grant programs. As of the writing of this staff report, one institution has expressed a commitment to participate and staff is talking with others. If these institutions do participate, the size of the total grant dollars will grow.
ATTACHMENTS
1. Resolution XX-26 – Economic Development Incentive Framework Policy
2. Resolution XX-26 – New Business Grant Program
3. Resolution XX-26 – Business Expansion Grant Program
4. Resolution XX-26 – Tax Rebate Incentive Policy
93939.00066\43259374.8
1 Section 17.41.140 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
93939.00066\43259374.8
2 (B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet of interior livable space in size. (B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above. (6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs created under this section:
93939.00066\43259374.8
3 (1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the Development and Community Services Manager and approved by the city council by resolution.
(3) Process and Timing.
(A) Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. (ii) Incomplete items. If the city’s determination under subsection (d)(3)(A)(i) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)(C) below.
(vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
93939.00066\43259374.8
4 (B) No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. (C) Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (D) Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(C) above. (E) Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(F) Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) Classes.
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(A) may be combined with an ADU approved under subsection (e)(1)(B), and ADUs approved under subsection (e)(1)(C) may be combined with ADUs approved under subsection (e)(1)(D).
93939.00066\43259374.8
5 (A) Converted on Lot with Single-Family: One ADU as described in this subsection (e)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
(B) Limited Detached on Lot with Single-Family: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
(C) Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (e)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
93939.00066\43259374.8
6 (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.
(f) General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
(1) Zoning.
(A) A Class 1 ADU approved under subsection (e)(1) may be created on a lot in a residential or mixed-use zone.
(B) A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(C) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. (2) Height.
(A) Except as otherwise provided by subsections (f)(2)(B) and (f)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies
93939.00066\43259374.8
7 to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (f)(2)(D) may not exceed two stories. (E) For purposes of this subsection (f)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
(B) The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. (B) JADUs.
(i) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
(ii) Exceptions. The owner-occupancy requirement in this subsection (f)(7)(B) does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
93939.00066\43259374.8
8 (II) The property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Development and Community Services Manager. The deed restriction must run with the land and bind all future owners.
The form of the deed restriction will be provided by the city and must provide that:
(A) The JADU may not be sold separately from the primary dwelling. (B) The JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(E) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Building & Safety.
(A) Must comply with building code. Subject to subsection (f)(9)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this
93939.00066\43259374.8
9 subsection (f)(9)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(10) Certificate of Occupancy Timing.
(A) Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. (B) Limited Exception for State-declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(g) Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (e)(2) above. This subsection (g) does not apply to Class 1 ADUs or JADUs approved under subsection (e)(1) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (g) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (g), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(1)(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space.
93939.00066\43259374.8
10 (2) Floor Area Ratio (FAR). No ADU subject to this subsection (g) may cause the total FAR of the lot to exceed 65 percent, subject to subsection (g)(1)(C) above. (3) Setbacks.
(A) ADUs that are subject to this subsection (g) must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection (g) must conform to 25-foot front setbacks, subject to subsection (g)(1)(C) above. (B) No setback is required for an ADU that is subject to this subsection (g) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(4) Lot Coverage. No ADU subject to this subsection (g) may cause the total lot coverage of the lot to exceed 65 percent, subject to subsection (g)(1)(C) above. (5) Minimum Open Space. No ADU subject to this subsection (g) may cause the total percentage of open space of the lot to fall below 35 percent, subject to subsection (g)(1)(C) above.
(6) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(7) Parking.
(A) Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above. (B) Exceptions. No parking under subsection (g)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
93939.00066\43259374.8
11 (vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(7)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(8) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (F) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. (G) All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (9) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(A) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
93939.00066\43259374.8
12 (C) All landscaping must be drought-tolerant.
(D) All trees must be from the city’s approved tree list. (10) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(11) Allowed Stories. No ADU subject to this subsection (g) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (f)(2)(D) of this section. (h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (e)(1) or (e)(2) above. (1) Impact Fees.
(A) No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (h)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(B) A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
(C) Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (h)(2)(A), JADUs and converted ADUs on a single-family lot that are created under subsection (e)(1)(A) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility
93939.00066\43259374.8
13 connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(C) Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.
All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, unless denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 17.41.140).
(B) Exceptions:
(i) Notwithstanding subsection (i)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
93939.00066\43259374.8
14 (ii) Subsection (i)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(j) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (i) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.