Fairfax City Council
April 15, 2026

FAIRFAX TOWN COUNCIL MEETING

STAFF REPORT

MEETING DATE April 15, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Jeffrey Beiswenger, AICP, Planning & Building Services Director SUBJECT Public Hearing: Introduce and Read by Title Only an Ordinance to Amend Chapter 17.048 (Residential Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Fairfax Town Code to Comply with Recent Changes in State Law
CEQA Statutorily Exempt. Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a jurisdiction implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law, as defined by section 66313

RECOMMENDATION
Conduct a public hearing, waive first reading, and read by title only an ordinance to amend Chapter

17.048 (Residential Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Town Code to comply with recent changes in state law.

BACKGROUND
The Town Council adopted an urgency ordinance on December 3, 2025 to ensure the Town’s ADU ordinance remains valid and enforceable after January 1, 2026. If the Town did not adopt new ADU regulations prior to January 1, the Town’s entire existing ADU ordinance would have become null and void as a matter of law; and, the Town would have to allow ADUs with no regulation except for the few requirements imposed in the state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the aesthetic of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

Under ordinary circumstances, the Town would not have adopted zoning code amendments under an urgency ordinance, which does not allow for noticed public hearings in front of the Planning Commission and Town Council, with the customary ten-day notice period. The ADU and JADU regulations adopted by the state legislature in 2025 were signed into law by the Governor in October, 2025 and Town staff did not have the time to follow the typical code update process, which typically takes longer than four months. Therefore, an urgency ordinance was adopted with the intent of bringing a follow-up ordinance through the traditional Planning Commission and Town Council public hearing process. The urgency ordinance will remain in effect until replaced by a new ordinance.

DISCUSSION
In recent years, the California Legislature has approved, and the Governor has signed into law numerous bills that amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs.

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that to impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law:

AB 462 – Coastal Development Permits; Disaster-Affected Areas AB 462 modifies several permitting requirements associated with processing Coastal Development Permits (CDPs) for ADUs located in the Coastal Zone. That portion of AB 462 is not applicable to Fairfax.

Beyond changes to CDP processing, AB 462 modifies the rules governing the issuance of a certificate of occupancy (CofO) for an ADU. Historically, state law prohibited a local agency from issuing a CofO for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a CofO before the ADU can receive one). AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and, (3) the ADU has been issued construction permits and passed all required inspections (Gov. Code, § 66328(b)). If these conditions are satisfied, the detached ADU can receive a CofO before the primary dwelling. In all other scenarios, the primary dwelling still needs a CofO before one can be issued for an ADU.

AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025). No changes are required to the Fairfax Town Code to implement AB 462.

The following three bills took effect on January 1, 2026, apply to Fairfax and the Town Code was amended accordingly last December. The amendments have been included in this update.

AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all (see amended Gov. Code, § 66333(b)). AB 1154 expressly prohibits JADUs from being used as short-term rentals (See amended Gov. Code, § 66333(g)).

SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption. This year’s SB 9 (not to be confused with the SB 9 of 2021 that allows for urban lot splits) and SB 543 render null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov.

Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days. (Note: The Town submitted the Urgency Ordinance to HCD within the 60-day period)
SB 543 – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable are:
• ADU & JADU Size. Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would

prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet. SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
• Impact Fees. Existing law exempts ADUs that are 750 square feet or smaller from development impact fees (DIFs). SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space. The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) • Quantity of ADUs. Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4):

1. a converted ADU and JADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(1));

2. a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov.

Code, § 66323(a)(2));

3. converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and

4. detached ADUs created on a lot with a proposed or existing multifamily dwelling. • Combination of ADUs. For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position: that yes, combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].) SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow combinations of ADUs and JADUs. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single-family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications. SB 543 requires local agencies to now:
• determine whether an ADU application is complete within 15 business days of submittal; • if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;
• review a resubmitted application for completeness within 15 business days; • provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or Town Council, or both); and • provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)

Planning Commission Discussion
At the January 2026 Planning Commission meeting, Staff presented a staff report describing the proposed amendments to Chapter 17.048 of the Town Code, after which a public hearing was conducted and the Planning Commission deliberated on the proposed code amendments the public hearing was continued to February 19, 2026.

Based on Planning Commission input, revisions were made to the code. A definition of “Interior Usable Livable Space” was added. The model ordinance language from HCD’s handbook, has definitions for Livable Space and Usable Space, but it does not have a definition that combines the two concepts. This has been added. Also, numbering errors that were in previous versions of the ordinance have been corrected.

The Planning Commission discussed possible changes to the ADU incentive program. Currently, ADU applicants receive a 50 percent discount on all ADU permit fees. This expires in 2026. The Commission discussed options for an earlier expiration date or phasing in the full fee over time. None of these ideas garnered sufficient support to make it into the final recommendation.

After deliberation, the Planning Commission failed to pass a recommendation in favor of the ordinance amendments. The final vote was 4-1 to recommend that the Town Council approve the changes. However, a 2/3 majority of the 7-person Planning Commission, or 5 affirmative votes, is required for “recommendation of approval” from the Commission on zoning ordinance amendments.

This does not prevent the code amendments from moving forward, but it is moving forward without a recommendation from the Planning Commission.

Specific Changes to Town ADU Ordinance
In response to state law, the following specific changes have been made to the Town Code:
• Section 17.048.010 (C) Definitions. A definition of “Director” was added since this term is used throughout the chapter, and refers to the Planning & Building Services Director. • Section 17.048.010 (D) Approvals.
o Reinforces that ADU Permits are ministerial.
o Continues the Fairfax specific incentive program for ADUs by reducing fees by 50% until January 1, 2036.
o Allows for ADU and JADUs constructed illegally to be processed without a financial penalty for failing to acquire a building permit at the time of construction. o Process and timing are outlined with processing time limits for each step of the review process.
• Section 17.048.010 (E) Classes.

o State law continues to include four types of ADUs that can approved with only a building permit (Converted on Lot with Single Family; Limited Detached on Lot with Single Family; Converted on Lot with Multifamily; and Limited Detached on Lot with Multifamily) but creates a new “Class 1: Statutorily Regulated” category and amends some of the terminology.
o Class 2: Locally Regulated is a new category that organizes the specific ADU requirements to be applied for Class 2 ADUs and JADUs.

• Section 17.048.010 (F) General Requirements. This section of the code was simplified to include the regulations that apply to all ADUs and JADU (both Class 1 and Class 2). It is no longer necessary to list every zoning designation where the regulations apply. Significant changes include:
o Fire sprinklers are now required for JADUs, if required in the primary residence. o Short-term rentals are no longer permitted in any JADU. The Town may still allow for short-term rentals in ADUs built prior to 2020.
o Owner occupancy is no longer required in most cases (except for JADUs that share sanitation facilities)
o Certificate of occupancy timing. This is a significant new provision that would create significant relief to homeowners who lose structures in natural disasters. An ADU or JADU may be built (or rebuilt) and occupied prior to the primary structure. • Section 17.048.010 (G) Specific ADU Requirements. Under the new code language, requirements in this subsection apply to Class 1 and Class 2 ADUs. Most of these provisions remain unchanged from the previous ordinance, except:
o Maximum size computed based on interior livable space, which would allow for ADUs and JADUs to be a little larger, since all exterior and interior walls, utility rooms and other non-usable space would not be included in the maximum size calculations. o As now required by state law, setback exemptions have been added to allow for an ADU to be constructed where an existing structure is currently located (aka garage). o Lot coverage increased from 35% to 50% to allow for more flexibility. • Section 17.048.010 (H) Fees.
o Impact fees are now based on interior living space and not total building square footage. o An exemption from school fees was added for small ADUs and JADUs. Staff typically requires proof that school fees are paid prior to the issuance of a building permit and this requirement will be waived for qualifying structures. o Direct utility connections are required in the case of a separate conveyance of an ADU (i.e., when an ADU is sold separately from the remainder property).

The Town is limited in how much it can deviate from state law. Generally speaking, if a Town regulation helps to make ADUs or JADUs easier to build by providing regulatory or procedural relief, then the Town can exceed a state requirement. Any difference between Town regulations and state requirements that make ADUs or JADUs more difficult to build would be contrary to the intent of the new requirements and could violate state law.

The recommended ordinance is attached to this staff report (Attachment A) with Exhibit 1 as the replacement for Chapter 17.048 (Residential Accessory Dwelling Units and Junior Accessory Dwelling Units). The existing chapter would be rescinded and replaced in its entirety. To see the redline/strikeout changes, refer to Attachment B.

ATTACHMENTS
A. Ordinance with Exhibit 1 - Chapter 17.048: Residential Accessory Dwelling Units and Junior Accessory Dwelling Units
B. Redline / Strike-out Changes to Chapter 17.048

ATTACHMENT A

ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA AMENDING CHAPTER 17.048: RESIDENTIAL ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS OF THE TOWN OF FAIRFAX MUNICIPAL CODE
WHEREAS, the Town of Fairfax, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law were to take effect January 1, 2026, and for the Town’s ADU ordinance to remain valid, it was amended through an urgency ordinance on December 3, 2025 to reflect the most recent changes to state law; and
WHEREAS, the Town now seeks to update the Town code to reflect input from public hearings conducted at two Planning Commission and one Town Council meeting; and WHEREAS, the Planning Commission conducted a public hearing on January 15, 2026 to consider zoning ordinance amendments, and continued the public hearing to February 19, 2026 for additional discussion and deliberation; and
WHEREAS, on February 19, 2026, the Planning Commission voted 4-1, in a failed attempt to recommend approval of the amendments to the Town Council since a 2/3 majority of the 7-person Planning Commission, or 5 affirmative votes, is required for a “recommendation of approval”; and WHEREAS, a duly and properly noticed public hearing regarding the Ordinance was conducted by the Town Council on April 15, 2026, and the Town Council carefully considered all pertinent testimony and the staff report offered at the public hearing.

WHEREAS, the Town Council finds that this ordinance is Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA) under the California Public Resources Code § 21080.17.

NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Fairfax hereby finds and determines that that the recitals are true and correct and incorporated as findings herein by this reference and adopts an ordinance to amend Title 17 of the Fairfax municipal code as included as Exhibit 1, incorporated herein by this reference.

ORDINANCE PASSED AND ADOPTED, at the regular meeting of the Fairfax Town Council on April 15, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
_________________________________ ___________________________________

STEPHANIE HELLMAN CHRISTINE FOSTER

MAYOR DEPUTY TOWN CLERK

EXHBIT 1

Exhibit 1 - Amended ADU Regulations
CHAPTER 17.048: RESIDENTIAL ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
§ 17.048.010 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 Cal. Gov’t Code Chapter 13 of Division 1.
(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 town'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 division (C) below. This does not prevent the town from enforcing compliance with applicable building standards in accordance with Cal. Health and Safety Code § 17980.12. (C)Definitions. As used in this section, terms are defined as follows. Other definitions are included in § 17.008.020:

ACCESSORY DWELLING UNIT or ADU. 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 zoned for residential or mixed uses with a proposed or existing dwelling. An ACCESSORY DWELLING UNIT also includes the following:
(a) An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and (b) A manufactured home, as defined by Cal. Health and Safety Code § 18007.

ACCESSORY STRUCTURE. A structure that is accessory and incidental to a dwelling located on the same lot.

COMPLETE INDEPENDENT LIVING FACILITIES. 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.

DIRECTOR. The Planning & Building Services Director or the Town Manager, if the Director position is vacant.

EFFICIENCY KITCHEN. A kitchen that includes all of the following:
(a) A cooking facility with appliances.

(b) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

INTERIOR LIVABLE SPACE. The interior habitable area of a dwelling unit (see LIVABLE SPACE), including areas for living, sleeping, eating, cooking, or sanitation.

JUNIOR ACCESSORY DWELLING UNIT or JADU. A residential unit that satisfies all of the following:
(a) It is no more than 500 square feet in size (based on Interior Livable Space). (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 single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
(e) Includes an efficiency kitchen, as defined above.

LIVABLE SPACE. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

LIVING AREA. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

MULTIFAMILY DWELLING. A structure with two or more attached dwellings on a single lot (e.g., apartments, attached townhomes, and row houses).

MULTIFAMILY LOT. A property with one or more multifamily dwellings.

NATURAL PERSON. A living human being.

NONCONFORMING ZONING CONDITION. A physical improvement on a property that does not conform with current zoning standards.

PASSAGEWAY. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

PROPOSED DWELLING. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

PUBLIC TRANSIT. 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.

TANDEM PARKING. 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 under this section:

(1) Ministerial ADU and building permits required. Every ADU and JADU requires an ADU permit and a building permit. The town will review and approve permit applications in accordance with divisions (D)(2) and (D)(3) below. (2) Processing fee. The town may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the town’s ADU and JADU ordinance. The processing fee is determined by the Director and approved by the town council by resolution and subject to the following:

Any building permit fees shall be in addition to the permit processing fee for the ADUs and/or JADUs.

Application processing fees and building permit fees for ADUs and JADUs, as applicable, will be reduced by 50% as part of an incentive program to encourage residents to legalize or create accessory dwelling units.

In addition to the foregoing, while the incentive program remains in effect, any property with a non-permitted ADU or JADU that is legalized pursuant to this section will not be assessed a financial penalty for failing to obtain a permit required by this section.

This incentive program expires on January 1, 2036.

Process and timing
Completeness determination process
Determination in 15 days. The town 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 town receives the application submittal.

Incomplete items. If the town’s determination under division (D)(3)(a)1 above is that the application is incomplete, the town’s notice must list the incomplete items and describe how the application can be made complete.

Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the town to be incomplete.

Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the town will determine in writing whether the additional information remedies all the incomplete items that the town identified in its original notice. The town may not require the application to include an item that was not included in the original notice.

Deemed complete. If the town does not make a timely determination as required by this division (D)(3)(a), the application or resubmitted application is deemed complete for the purposes of division (D)(3)(c).

Appeal of incompleteness. An applicant may appeal the town’s determination that the application is incomplete by submitting a written appeal to the town 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.

No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

Deadline to approve or deny ministerial approvals. The town must approve or deny an application to create an ADU or JADU within 60 days from the date that the town receives a complete application. If the town has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
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 town may delay acting on the permit application for the ADU or JADU until the town 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.

Denial. If the town denies an application to create an ADU or JADU, the town 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 division (D)(3)(c) above.

Appeal of denial. An applicant may appeal the town’s denial of the application by submitting a written appeal to the town 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.

Classes
Class 1: statutorily regulated. Class 1 ADUs and JADUs are approved under Gov’t Code § 66323. If an ADU or JADU complies with each of the general requirements

in division (F) below, it is allowed in each of the scenarios provided in this division (E)(1). An ADU and JADU approved under division (E)(1)(a) may be combined with an ADU approved under division (E)(1)(b), and ADUs approved under division (E)(1)(c) may be combined with ADUs approved under division (E)(1)(d).

Converted on lot with single-family: One ADU as described in this division (E)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling unit on it, where the ADU or JADU:

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
Has exterior access that is independent of that for the single-family dwelling; and
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
The JADU complies with the requirements of Cal Gov’t Code §§ 66333 through 66339.

Limited detached on lot with single-family: One or two detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under division (E)(1) above), if the detached ADU satisfies each of the following limitations:

The side- and rear-yard setbacks are at least four feet.

The total floor area is 1,200 square feet or smaller (based on Interior Livable Space).

The peak height above grade does not exceed the applicable height limit in division (F)(2)(a) through (c) below.

Lots that are larger than 10,000 square feet may have a second detached ADU, subject to the approval of an ADU Permit.

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 division, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.

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:

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 town will not require any modification to the multifamily dwelling as a condition of approving the ADU.

The peak height above grade does not exceed the applicable height limit provided in division (F)(2)(a) through (c) below.

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.

Class 2: locally regulated. Class 2 ADUs are approved under Gov’t Code §§ 66314– 66322. Except for Class 1 ADUs approved under division (E)(1) above, all ADUs are subject to the standards as set forth in divisions (F) and (G) below.

General requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

Zoning
A Class 1 ADU approved under division (E)(1) may be created on a lot in a residential or mixed-use zone.

Class 2 ADU approved under division (E)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

In accordance with Gov’t Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.

Height
Except as otherwise provided by divisions (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.

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 § 21155 of the Cal. 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.

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.

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 to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to division (F)(2)(d) may not exceed two stories.

For purposes of this division (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.

Fire sprinklers
Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Rental term. No JADU may be rented for a term that is shorter than 31 days. No ADU built after January 1, 2020 may be rented for a term that is shorter than 31 days.

No separate conveyance. An ADU or JADU may be rented, except as otherwise provided in Gov’t Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a singlefamily lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

Septic system. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application demonstration of compliance with applicable County of Marin Environmental Health Services requirements for onsite wastewater treatment.

Owner occupancy
ADUs are not subject to an owner-occupancy requirement.

JADUs
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.

Exceptions. The owner-occupancy requirement in this division (F)(7)(b) does not apply in either of the following situations:

The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

The property is entirely owned by another governmental agency, land trust, or housing organization.

Deed restriction. Prior to issuance of a certificate of occupancy for a 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 Town Clerk. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the town and must provide that:

Except as otherwise provided in Gov’t Code § 66341, the JADU may not be sold separately from the primary dwelling.

The JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates 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 a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

The deed restriction is enforceable by the Director or his or her designee for the benefit of the town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the town 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.

Rent reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Gov’t Code §§ 65583.1 and 66330, the following requirements must be satisfied:

With the building- permit application, the applicant must provide the town with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the town does not receive the report within the 90-day period, the owner is in violation of this code, and the town may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the town may enforce this provision in accordance with the provisions in Chapter 1.10.

The rent reporting data will not be connected to the street address and will be reported anonymously to protect confidentiality.

Building and safety
Must comply with building code. All ADUs and JADUs must comply with all local building code requirements.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in § 310 of the Cal. Building Code, unless the building official or code enforcement 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 division (F)(10)(a) prevents the town 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.

Certificate of occupancy timing
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.

Limited exception for state-declared emergencies. Notwithstanding division (F)(11)(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:

The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation.

The ADU has been issued construction permits and has passed all required inspections.

The ADU is not attached to the primary dwelling.

Specific ADU requirements. The following requirements apply only to Class 2 ADUs approved under division (E)(2) above. This subsection does not apply to Class 1 ADUs or JADUs approved under division (E)(1) above.

Maximum size
The maximum size of a detached or attached ADU subject to this division (G) is 850 square feet of Interior Livable Space for a studio or one-bedroom unit and 1,200 square feet of Interior Livable Space for a unit with two or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.

Application of other development standards in this division (G), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit, FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet of Interior Livable Space.

Floor Area Ratio (FAR). No ADU subject to this division (G) may cause the total FAR of the lot to exceed 40 percent, subject to divisions (G)(1)(b) and (G)(1)(c) above.

Setbacks
ADUs that are subject to this division (G) must conform to four-foot side and rear setbacks. ADUs that are subject to this division (G) must conform to ten-foot front setbacks.

No setback is required for an ADU that is subject to this division (G) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

Lot coverage. No ADU subject to this division (G) may cause the total lot coverage of the lot to exceed 50%.

Minimum open space (total). No ADU subject to division (G) may cause the total percentage of open space of the lot to fall below 50%, subject to division (G)(1)(b) above.

Minimum open space (usable). No ADU on a lot subject to this division (G) may cause the open space area to fall below 300 square feet per unit. Open space area shall not include any required yard or setback, required building separation, access area, or area with dimensions of less than ten feet or slope of greater than 10%, subject to division (G)(1)(c) above.

Passageway. No passageway, as defined by division (C) above is required for an ADU.

Parking
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by division (C) above.

Exceptions. No parking is required in the following situations:

The ADU is located within one-half mile walking distance of public transit, as defined in division (C) above.

The ADU is located within an architecturally and historically significant historic district.

The ADU is part of the proposed or existing primary residence or an accessory structure.

When on-street parking permits are required but not offered to the occupant of the ADU.

When there is an established car share vehicle stop located within one block of the ADU.

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 division (G)(7)(b)1. through 5. above.

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.

Stream buffer. No ADU shall be constructed closer to the top of the stream bank of the Fairfax and San Anselmo Creeks than 20 feet or two times the average depth of the creek bank, whichever is greater.

Architectural requirements
The materials and colors of the exterior walls, roof, windows and doors of an ADU addition to a primary dwelling must appear similar to those of the primary dwelling.

The materials and colors of the exterior walls, roof, windows and doors of a second detached ADU must appear similar to either those of the primary dwelling or those of the other detached ADU on the property.

The roof slope must appear similar to 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.

The exterior lighting must be dark sky compliant (fully shielded and emit no light above the horizontal plane with no sag or drop lenses, side light panels or uplight panels) as well as compliant with color temperature to minimize blue rich lighting. The lighting shall not emit direct offsite illumination and shall be the minimum necessary for safety.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling
The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources is subject to objective development requirements of the State Historical Building Code.

Allowed stories. No ADU subject to this division (G) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under division (F)(2)(d).

Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under division (E)(1) or (E)(2) above.

Impact Fees
No impact fee is required for an ADU or JADU that is less than 750 square feet of Interior Living Space. For purposes of this division, “impact fee” means a “fee” under the Mitigation Fee Act (Gov’t Code § 66000(b)) and a fee under the Quimby Act (Gov’t Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

An ADU or JADU with less than 500 square feet of Interior Livable Space does not increase assessable space by 500 square feet for purposes of Education Code § 17620(a)(1)(C), and is therefore not subject to school fees under Education Code § 17620.

Any impact fee that is required for an ADU or JADU that is 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 or JADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
Utility fees.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in division (H)(2)(a), JADUs and converted ADUs on a singlefamily lot that are created according to division (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 connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

Except as described in division (H)(2)(a), all ADUs that are not covered by division (H)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the town. All utilities that are not provided by the town are subject to the connection and fee requirements of the utility provider.

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.

The portion of the fee or charge that is charged by the town may not exceed the reasonable cost of providing this service.

Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Generally. The town 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.

Unpermitted ADUs and JADUs constructed before 2020.

Permit to legalize. As required by state law, the town may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

The ADU violates applicable building standards; or
The ADU or JADU does not comply with state ADU or JADU law or this ADU chapter.

Exceptions

Notwithstanding division (I)(2) above, the town may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the town makes a finding that correcting a violation is necessary to comply with the standards specified in Cal.

Health and Safety Code § 17920.3.

Division (I)(2) above does not apply to a building that is deemed to be substandard in accordance with Cal. Health and Safety Code § 17920.3.

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 divisions (A) through (G)(12) of this section may be allowed by the town with a variance and/or conditional use permit or waiver, as applicable in accordance with the other provisions of this title.

CHAPTER 17.048: RESIDENTIAL ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
§ 17.048.010 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 Cal. Gov’t Code Chapter 13 of Division 1.
(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 town'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 division (C) below. This does not prevent the town from enforcing compliance with applicable building standards in accordance with Cal. Health and Safety Code § 17980.12. (C) Definitions. As used in this section, terms are defined as follows. Other definitions are included in § 17.008.020: 17.008.020:

ACCESSORY DWELLING UNIT or ADU. 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 zoned for residential or mixed uses with a proposed or existing dwelling. An ACCESSORY DWELLING UNIT also includes the following:
(a) An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and (b) A manufactured home, as defined by Cal. Health and Safety Code § 18007.

ACCESSORY STRUCTURE. A structure that is accessory and incidental to a dwelling located on the same lot.

COMPLETE INDEPENDENT LIVING FACILITIES. 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.

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ATTACHMENT B
DIRECTOR. The Planning & Building Services Director or the Town Manager, if the Director position is vacant.

EFFICIENCY KITCHEN. A kitchen that includes all of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

INTERIOR LIVABLE SPACE. The interior habitable area of a dwelling unit (see LIVABLE SPACE), including areas for living, sleeping, eating, cooking, or sanitation.

JUNIOR ACCESSORY DWELLING UNIT or JADU. A residential unit that satisfies all of the following:
(a) It is no more than 500 square feet in size. (based on Interior Livable Space). (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 single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
(e) Includes an efficiency kitchen, as defined above.

LIVABLE SPACE. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

LIVING AREA. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

MULTI-FAMILYMULTIFAMILY DWELLING. A structure with two or more attached dwellings on a single lot (e.g., apartments, attached townhomes, and row houses).

MULTI-FAMILYMULTIFAMILY LOT. A property with one or more multi-familymultifamily dwellings.

NATURAL PERSON. A living human being.

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NONCONFORMING ZONING CONDITION. A physical improvement on a property that does not conform with current zoning standards.

PASSAGEWAY. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

PROPOSED DWELLING. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

PUBLIC TRANSIT. 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.

TANDEM PARKING. 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 under this section:
(1) Building- Ministerial ADU and building permits required. Every ADU and JADU requires an ADU permit and a building permit. The town will review and approve permit applications in accordance with divisions (D)(2) and (D)(3) below. (2) Processing fee. The town may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the town’s ADU and JADU ordinance. The processing fee is determined by the Director and approved by the town council by resolution and subject to the following:
(a) Any building permit fees shall be in addition to the permit processing fee for the ADUs and/or JADUs.
(b) Application processing fees and building permit fees for ADUs and JADUs, as applicable, will be reduced by 50% as part of an incentive program to encourage residents to legalize or create accessory dwelling units. (c) In addition to the foregoing, while the incentive program remains in effect, any property with a non-permitted ADU or JADU that is legalized pursuant to this section will not be assessed a financial penalty for failing to obtain a permit required by this section.
(d) This incentive program expires on January 1, 2036.
(3) Process and timing
(a) Completeness determination process
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1. Determination in 15 days. The town 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 town receives the application submittal.

2. Incomplete items. If the town’s determination under division (D)(3)(a)(1) above is that the application is incomplete, the town’s notice must list the incomplete items and describe how the application can be made complete.

3. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the town to be incomplete.

4. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the town will determine in writing whether the additional information remedies all the incomplete items that the town identified in its original notice. The town may not require the application to include an item that was not included in the original notice.

5. Deemed complete. If the town does not make a timely determination as required by this division (D)(3)(a), the application or resubmitted application is deemed complete for the purposes of division (D)(3)(c) below.

6. Appeal of incompleteness. An applicant may appeal the town’s determination that the application is incomplete by submitting a written appeal to the town 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.
(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 town must approve or deny an application to create an ADU or JADU within 60 days from the date that the town receives a complete application. If the town has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

2. 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 town may delay acting on the permit application for the ADU or JADU until the town 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 town denies an application to create an ADU or JADU, the town 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. only. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by division (D)(3)(c) above.
(e) Appeal of denial. An applicant may appeal the town’s denial of the application by submitting a written appeal to the town 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.
(E) Classes
(1) Class 1: statutorily regulated. Class 1 ADUs and JADUs are approved under Gov’t Code § 66323. If an ADU or JADU complies with each of the general requirements in division (F) below, it is allowed with only a building permit in each of the following scenarios: provided in this division (E)(1). An ADU and JADU approved under division (E)(1)(a) may be combined with an ADU approved under division (E)(1)(b), and ADUs approved under division (E)(1)(c) may be combined with ADUs approved under division (E)(1)(d).
(a) Converted on lot with single-family or mixed-use lot.: One ADU as described in this division (DE)(1)(a) and one JADU on a lot zoned for residential or mixed uses with a proposed or existing single-family dwelling unit on it, where the ADU or JADU:

1. 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, Formatted: Indent: Left: 0.5"
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plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2. Has exterior access that is independent of that for the singlefamily dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

4. The JADU complies with the requirements of Cal Gov’t Code §§ 66333 through 66339.
(b) Limited detached on lot with single-family lot. : One or two detached, new- construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under division (DE)(1) above), if the detached ADU satisfies each of the following limitations:

1. The side- and rear-yard setbacks are at least four feet.

2. The total floor area is 1,200 square feet or smaller. (based on Interior Livable Space).

3. The peak height above grade does not exceed the applicable height limit in division (EF)(2)(a) through (c) below.

4. Lots that are larger than 10,000 square feet may have a second detached ADU, subject to the approval of an ADU Permit. (c) Converted on multi-family 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 division, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
(d) Limited detached on multi-family 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 ::

1. 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 Formatted: Indent: Left: 1"
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four feet, the town will not require any modification to the multifamily dwelling as a condition of approving the ADU.

2. The peak height above grade does not exceed the applicable height limit provided in division (EF)(2)(a) through (c) below.

3. 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) ADU permit.
(a) Class 2: locally regulated. Class 2 ADUs are approved under Gov’t Code §§ 66314–66322. Except as allowedfor Class 1 ADUs approved under subsection (Ddivision (E)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with all ADUs are subject to the standards as set forth in divisions (EF) and (FG) below.
(b) An ADU permit is required for:

1. Additions(F) General requirements. The following requirements apply to existing structures (e.g. attachedall Class 1 and Class 2 ADUs) not specified and JADUs:
(1) Zoning
(a) A Class 1 ADU approved under (D)(1division (E)(1) may be created on a lot in a residential or mixed-use zone.
(b) Class 2 ADU approved under division (E)(2) above.

2. A second detached or attached ADU on lots larger than 10,000 square feet.

3. All qualifying ADUs not specified under (D)(1) above. (c) The ADU-permit processing fee is established by Town Ordinance No. 844. Any building permit fees shall may be in addition to the ADU-permit processing fee. Application processing fees and building permit fees for ADUs and JADUs, as applicable, will be reduced by 50% as part of an incentive programcreated on a lot that is zoned to encourage residents to legalize or create accessoryallow single-family dwelling units. In addition to the foregoing, while the incentive program remains in effect, any property with a non-permitted ADU or JADU that is legalized pursuant to this section will not be assessed a financial penalty for failing to obtain a permit required by this section. This incentive program expires on January 1, 2032. (3) Process and timing.

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(a) An ADU permit is considered and approved ministerially, without discretionary review or hearing.
(b) The town must approve or deny an application to create an ADU or JADU within 60 days from the date that the town receives a completed application. If the town has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

2. 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 town may delay acting on the permit application for the ADU or JADU until the town 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. (c) If the town denies an application to create an ADU or JADU, the town 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 division (D)(3)(a) above.
(d) 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) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under divisions (D)(1) or (D)(2) above:
(1) Zoning.
(a) ADUs are permitted in the zoning districts and overlay zones listed below that allow residential use, and must be accessory to a permitted residential use. or multifamily dwelling residential use.

1. RS-7.5 Single-family Residential Zone, Medium Density.

2. RS-6 Single-family Residential Zone, High Density.

3. RD 5.5-7 Residential Zone, High Density.

4. RM Multiple-family Residential Zone.

5. RM-S Multiple-family Residential Senior Residential Zone.

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6. CL Limited Commercial Zone.

7. CH Highway Commercial Zone.

8. CC Central Commercial Zone.

9. POD Planned Development District Zone.

10. SF-RMP Single-family Residential Master Planned District.

11. A-A Agricultural and Conservation District.

12. UR Upland Residential Zone.

13. WHO Workforce Housing Overlay Zone.
(b) (c) In accordance with Gov’t Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
(a) Except as otherwise provided by division (Edivisions (F)(2)(b) and (EF)(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 § 21155 of the Cal. 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 to the primary dwelling, whichever is lower.
(e) Notwithstanding divisions(Ethe foregoing, ADUs subject to division (F)(2)(a) though (d) above, ADUs may not exceed two stories.

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(f) For purposes of this division (EF)(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 and may be required by the Fire Department.. (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 31 days. AnNo ADU/JADU constructed prior to built after January 1, 2020 with a building permit issuedmay be rented for the construction of the ADU/JADU is not subject to this rental a term. that is shorter than 31 days.
(5) No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Gov’t Code § 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 wastewatertreatment system, the owner must include with the application demonstration of compliance with applicable County of Marin Environmental Health Services requirements for onsite wastewater treatment.
(7) Owner occupancy.
(a) ADUs created under this section on or after January 1, 2020 ADUs are not subject to an owner-occupancy requirement. (b) JADUs

1. Generally. As required by state law, all 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. However, the owneroccupancy requirement in this division (E)(7)(a) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

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2. Exceptions. The owner-occupancy requirement in this
division (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).
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 a 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 DirectorTown Clerk. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the town and must provide that:
(a) Except as otherwise provided in Gov’t Code § 66341, 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 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 a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
(e) The deed restriction is enforceable by the directorDirector or his or her designee for the benefit of the town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the town is authorized to obtain any Commented [MN2]: I am recommending these be
numbered with “romanettes” (lower case roman numbers)
but they could be capital letters - they should not repeat arabic numbers here, though.

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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) Rent reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Gov’t Code §§ 65583.1 and 66330, the following requirements must be satisfied:
(a) With the building- permit application, the applicant must provide the town with an estimate of the projected annualized rent that will be charged for the ADU or JADU. (b) Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the town does not receive the report within the 90-day period, the owner is in violation of this code, and the town may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30- day period, the town may enforce this provision in accordance with the provisions in Chapter 1.10.
(c) The rent reporting data will not be connected to the street address and will be reported anonymously to protect confidentiality.
(10) Building and safety.
(a) Must comply with building code. 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 § 310 of the Cal. Building Code, unless the building official or code enforcement 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 division (EF)(10()(a) prevents the town 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.

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(11) Setbacks. Certificate of occupancy timing
(a) Generally. No setback is required certificate of occupancy for an ADU that is constructed in the same location and to or JADU may be issued before the certificate of occupancy is issued for the same dimensions as an existing structure.primary dwelling unit. (F) (b) Limited exception for state-declared emergencies.

Notwithstanding division (F)(11)(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:

1. The county is subject to a proclamation of a state of emergency made by the California Governor on or after
February 1, 2025.

2. The primary dwelling was substantially damaged or
destroyed by an event referenced in the Governor’s state of emergency proclamation.

3. The ADU has been issued construction permits and has passed all required inspections.

4. The ADU is not attached to the primary dwelling.
(G) Specific ADU requirements. The following requirements apply only to Class 2 ADUs that require an ADU permit underdivision (D)(2) above.approved under division (E)(2) above. This subsection does not apply to Class 1 ADUs or JADUs approved under division (E)(1) above. (1) Maximum size.
(a) The maximum size of a detached or attached ADU subject to this division (FG) is 850 square feet of Interior Livable Space for a studio or onebedroom unit and 1,200 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% of the floor area of the existing primary dwelling.
(c) Application of other development standards in this division (FG), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit, FAR, front setback, lot coverage limit, or openFormatted: Indent: Left: 2" Formatted: Font: Bold, Not Italic
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space requirement may require the ADU to be less than 850800 square feet for a one-bedroom unit or 1,200 square feet for a two- bedroom unit.of Interior Livable Space.
(2) Floor area ratioArea Ratio (FAR). No ADU subject to this division (FG) may cause the total FAR of the lot to exceed 40 percent, subject to divisions (FG)(1)(b) and (FG)(1)(c) above.
(3) Setbacks.
(a) ADUs that are subject to this division (FG) must conform to four-foot side and rear setbacks. AD UsADUs that are subject to this division (FG) must conform to ten- foot front setbacks, subject to divisions (F)(1)(b) . (b) No setback is required for an ADU that is subject to this division (G) if the ADU is constructed in the same location and (F)(1)(c) above.to the same dimensions as an existing structure.
(4) Lot coverage. No ADU subject to this division (FG) may cause the total lot coverage of the lot to exceed 35%, subject to division (F)(1)(b).50%. (5) Minimum open space. (total). No ADU subject to division (FG) may cause the total percentage of open space of the lot to fall below 50%, subject to division (FG)(1)(b) above.
(6) Minimum open space (usable). No ADU on a lot subject to this division (FG) may cause the open space area to fall below 300 square feet per unit. Open space area shall not include any required yard or setback, required building separation, access area, or area with dimensions of less than ten feet or slope of greater than 10%, subject to division (FG)(1)(c) above.
(7) Passageway. No passageway, as defined by division (C) above is required for an ADU.
(8) Parking.
(a) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by division (C) above.
(b) Exceptions. No parking under division (F) is required in the following situations:

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1. The ADU is located within one-half mile walking distance of public transit, as defined in division (C) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure under division (F)(1) above..

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. 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 division (F)(8G)(7)(b))(1.) through (5.) above. (c) No replacement. 7. 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. (9) Stream buffer. No ADU shall be constructed closer to the top of the stream bank of the Fairfax and San Anselmo Creeks than 20 feet or two times the average depth of the creek bank, whichever is greater.
(9) (10) Architectural requirements.
(a) The materials and colors of the exterior walls, roof, windows and doors of an ADU addition to a primary dwelling must appear similar to those of the primary dwelling.
(b) The materials and colors of the exterior walls, roof, windows and doors of a second detached ADU must appear similar to either those of the primary dwelling or those of the other detached ADU on the property. (c) The roof slope must appear similar to 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.

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(d) The exterior lighting must be dark sky compliant (fully shielded and emit no light above the horizontal plane with no sag or drop lenses, side light panels or uplight panels) as well as compliant with color temperature to minimize blue rich lighting. The lighting shall not emit direct offsite illumination and shall be the minimum necessary for safety.
(e) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(f) The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. (11) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources is subject to objective development requirements of the State Historical Building Code. (12) Allowed stories. No ADU subject to this division (FG) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under division (E)(2)(d). (G) Fees. The following requirements apply to all ADUs that are approved under divisions (D)(1) or (D)(2) above.F)(2)(d). (1) Impact fees.
(H) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsection (E)(1) or (E)(2) above. (1) Impact Fees
(a) No impact fee is required for an ADU or JADU that is less than 750 square feet in sizeof Interior Living Space. For purposes of this division, “impact fee” means a “fee” under the Mitigation Fee Act (Gov’t Code § 66000(b)) and a fee under the Quimby Act (Gov’t Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (b) An ADU or JADU with less than 500 square feet of Interior Livable Space does not increase assessable space by 500 square feet for purposes of Education Code § 17620(a)(1)(C), and is therefore not subject to school fees under Education Code § 17620.
(c) Any impact fee that is required for an ADU or JADU that is 750 square feet or larger in sizemore 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 Formatted: Indent: Left: 0.5"
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the ADU or JADU, 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 is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. (b) Converted Except as described in division (H)(2)(a), JADUs and converted ADUs on a single-family lot that are created underaccording to division (DE)(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 connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(c) All Except as described in division (H)(2)(a), all ADUs that are not covered by division (GH)(2)(ab) require a new, separate utility connection directly between the ADU and the utility for any utility. that is provided by the town. All utilities that are not provided by the town are subject to the connection and fee requirements of the utility provider.

1. 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.

2. The portion of the fee or charge that is charged by the town may not exceed the reasonable cost of providing this service. (H) (I) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The town 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.

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(a) Permit to legalize. As required by state law, the town may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

1. The ADU violates applicable building standards; or

2. The ADU or JADU does not comply with state ADU or JADU law or this ADU chapter.
(b) Exceptions.

1. Notwithstanding division (HI)(2) above, the town may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the town makes a finding that correcting a violation is necessary to comply with the standards specified in Cal. Health and Safety Code § 17920.3.

2. Division (HI)(2) above does not apply to a building that is deemed to be substandard in accordance with Cal. Health and Safety Code § 17920.3.
(I) (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 divisions (A) through (G)(2)(c)2.12) of this section may be allowed by the town with a variance and/or conditional use permit or waiver, as applicable in accordance with the other provisions of this title. (Ord. 810, passed 11-1-2017; Am. Ord. 844, passed 1-15-2020; Am. Ord. 861, passed 1-19-2022; Am. Ord. 876, passed 12-7-2022; Am. Ord. 885, passed 11-1-2023; Am. Ord. 897, passed 5-7- 2025)
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