ORDINANCE NO. XXXX
ORDINANCE NO. XXXX - an ordinance of THE CITY COUNCIL of the city of fullerton, california, AMENDing FULLERTON MUNICIPAL CODE TITLE 15 ZONING INCLUDING SECTION 15.04.040 DEFINITIONS and repealing and replacing section 15.17.100 accessory and junior accessory dwelling units WHEREAS, City Council approved the City’s 6th Cycle Housing Element on January 7, 2025 and the Department of Housing and Community Development certified it on February 27, 2025, which included new goals and polices to promote and provide affordable housing options and housing opportunities to Fullerton residents related to accessory dwelling unit regulations.
WHEREAS, Housing Element Policy Action 3.2 requires the City to regularly evaluate and update development review and permitting policies, standards and practices in response to state and federal laws facilitating residential development.
WHEREAS, Housing Element Policy Action 3.6-d requires the City to monitor state ADU law updates and ensure Zoning Code compliance.
WHEREAS, Housing Element Policy Action 3.6-e requires the City to adopt an ordinance for new development standards to allow additional accessory dwelling units that meet basic setbacks and square forage requirements on properties exceeding one acre in R-1 and R-2 zoning districts.
WHEREAS, California Environmental Quality Act (CEQA) Guidelines exempt the recommended action from further review pursuant to Section 15061(b)(3) the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment covers this action.
WHEREAS, the Planning Commission of the City of Fullerton, California held a duly noticed public hearing in compliance with FMC 15.72.040 and as required by state law to consider Fullerton Zoning Code amendments on April 23, 2025.
WHEREAS, the Planning Commission adopted Resolution No. PC-2025-05 recommending City Council adopt this Ordinance.
WHEREAS, City Council held a duly noticed public hearing on this matter on June 3, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON ORDAINS AS FOLLOWS:
SECTION 1. Findings.
The previous recitals are true and correct and incorporated as if fully set forth herein.
Adoption of this Ordinance represents good planning practices and is required by law as it implements a program of the Housing Element and implements the requirements of state law.
SECTION 2. City Council amends Fullerton Municipal Code Chapter 15.04 and Chapter 15.17 as follows:
SECTION 15.04.040. Definitions amended to include the following:
ACCESSORY BUILDING means a detached building, or part of a building that incidental or subordinate to the main building or use on the same lot or parcel of land, without cooking facilities and used exclusively by the occupant of the main building. Examples include, but are not limited to, garages, storage sheds or greenhouses.
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 located on a lot with a proposed or existing primary residence. It shall include 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. An accessory dwelling unit also includes the following:
An efficiency unit, as defined by California Health and Safety Code Section 17958.1.
A manufactured home, as defined by California Health and Safety Code Section 18007.
ACCESSORY STRUCTURE means an attached or detached structure part of, and incidental to a dwelling located on the same lot. Examples include, but are not limited to, decks, carports, patio covers, outdoor fireplaces or barbeques.
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.
EFFICIENCY KITCHEN means a kitchen that includes all the following:
A cooking facility with appliances.
A food preparation counter and storage cabinets of a reasonable size in relation to the size of the JADU.
JUNIOR ACCESSORY DWELLING UNIT or JADU means a residential unit that satisfies all the following:
It is no more than 500 square feet in size.
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.
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
If the unit does not include its own sanitation facilities, 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 of the primary dwelling.
It includes an efficiency kitchen, as defined herein.
LIVABLE SPACE means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking or sanitation.
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.
MULTIFAMILY DWELLING for the purposes of State ADU Law, means a structure with two or more attached primary dwellings on a single lot, not counting any existing or proposed ADU.
PASSAGEWAY means a pathway unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
PROPOSED DWELLING means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
SINGLE-FAMILY DWELLING for the purposes of State ADU Law, means a single unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation,and existing as a separate interest of real property, not counting any existing or proposed ADU.
SECTION 15.17.100. Accessory and junior accessory dwelling units will be amended in its entirety to read as follows:
15.17.100. Accessory dwelling units and junior accessory dwelling units.
Purpose.
This section establishes standards for accessory dwelling units (ADUs) in accordance with California Government Code Section 66413 et seq. and junior accessory dwelling units (JADUs) in accordance with California Government Code Section 66333 et seq. These standards are intended to allow for ADUs and JADUs as important forms of affordable housing, while preserving the character and integrity of Fullerton's residential uses and neighborhoods.
For purposes of this section, “primary dwelling” shall mean as follows:
In the case of a single-family residential zone, including planned residential development districts and specific plan areas, the existing single-family dwelling, or the larger of two proposed units.
In the case of any other residential or mixed-use zone in which a single-family dwelling exists on the property, the existing dwelling.
In the case of a multifamily or mixed-use zone which allows a residential use, existing or proposed multifamily units.
For the purposes of this section, the definitions set forth in the Government Code Section 66413 et seq. relating to ADUs and JADUs shall control if not defined herein or in Fullerton Municipal Code (FMC) Section 15.04.040.
In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section conflicts with state law, the mandatory requirement of state law shall control, but only to the extent legally required.
Applications – ADUs and JADUs
Applications for ADUs and JADUs shall be ministerially approved or denied within sixty days of receipt of a complete application and approved if they meet the requirements of this section. An application shall be approved if it complies with the requirements of this section.
If the application is submitted in conjunction with an application for a new single family or multifamily dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single family or multifamily dwelling is approved.
If the application is denied, the City shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application.
If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time.
The City shall grant a delay if requested by the applicant.
If the City does not approve or deny the completed application within sixty days, the application shall be deemed approved.
Notwithstanding the above, if the applicant uses a plan for an ADU that has been preapproved by the City or a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.
All applications for ADUs and JADUs shall be accompanied by an application fee.
ADUs and JADUs shall be subject to application, inspection and permit fees.
An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.
Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.
Utilities and Fees.
All ADUs and JADUs must be connected to public utilities including water, electric, and sewer services.
Impact fees.
No impact fee shall be imposed on any ADU less than 750 square feet in size.
For ADUs 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code Sections 66000 et seq. and 66012 et seq.
For purposes of this section, “impact fee” shall have the same meaning as set forth in Government Code Section 66324.
Connection Fees/Capacity Charges.
An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-family dwelling.
For an ADU contained within a proposed or existing single-family dwelling meeting the requirements of Section 15.17.100.H.1.a, below, the City shall not impose a connection fee or capacity charge, unless the unit is being constructed with a new single-family dwelling. For all other ADUs, the City shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.
A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power.
Allowed Zones. An ADU is permitted on any lot where single family or multifamily dwellings are a permitted use including planned residential development districts and specific plan areas. An ADU is also allowed on a lot where a single family or multifamily dwellings are a conditionally permitted use, provided that the lot contains or will contain either a single-unit or multifamily dwelling. An ADU is also permitted on properties zoned O-P (Office Professional) which are currently improved with a single-family dwelling unit. An ADU is allowed within, attached to, or detached from the primary unit in accordance with the provisions of this section.
Number of ADUs and JADUs. Except as specified in Sections E.1 and 15.17.100.H below, only one ADU and one JADU may be built on a single-family residentially zoned lot, including properties zoned O-P that are improved with a single-family dwelling unit. The number of ADUs for multiple family dwelling units shall be in accordance with Subsections H.1.c to H.1.e. For a lot with both a single-family dwelling and a multifamily dwelling, the lot owner may choose whether to build under the single-family requirements of this section or under the multifamily requirements or Subsections H.1.c to H.1.e, but not both.
On R-1 and R-2 zoned properties that are a minimum of one acre lot size, and are improved with a single family dwelling, qualify for up to two detached ADUs or one attached and one detached ADU, upon demonstrating that the property and infrastructure (sewer and water capacity) can support the ADUs and the units can be constructed in conformance with all current California Building Standards Codes, fire prevention and parking requirements. The ADUs shall be subject to the development standards contained herein.
Site and Design Standards
General Standards.
ADUs and JADUs are not included in density calculations, are considered residential uses consistent with zoning and general plan designations and may count as a dwelling unit for purposes of identifying adequate sites for housing. Such units shall not be considered to exceed the allowable density for the lot upon which it is located.
ADUs and JADUs must satisfy the requirements of Title 15 of this Code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official 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.
Fire sprinklers shall not be required if they are not required for the primary dwelling and the construction of an ADU shall not trigger a requirement for sprinklers to be installed in the existing primary unit.
Height, FAR, and Site Coverage.
ADUs shall be subject to the following height limitations:
A height of 16 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit.
A height of 18 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories.
Relationship to Residential Structures.
An ADU may be within, attached to, or detached from an existing or proposed single family or multifamily residential structure or accessory structures, including garages.
An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.
An ADU may be constructed above an existing, lawfully constructed structure, provided it does not exceed the height limits set forth in Subsection F.2 above.
Unit Size.
Maximum size.
An attached ADU shall be limited to a maximum of 850 square feet for a studio or one bedroom unit and 1,000 square feet for any unit of two or more bedrooms.
A detached ADU shall not exceed 1,200 square feet in size. This limitation shall not apply to the conversion of an existing accessory structure which is greater than 1,200 square feet.
Interior ADU. There is no size limit on an ADU built within an existing or proposed single-family residential structure.
Existing home designated as ADU. If a lot contains an existing single-family dwelling of no more than 1,200 square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single-family home on the lot.
Minimum size. The floor area of an ADU and JADU may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1.
Setbacks.
Single family, multifamily zones.
Front setback: Per the base zoning standard.
Side and streetside setback: Four feet.
Rear setback: Four feet.
Conversion/replacement of existing structure. No additional setbacks are required for an existing constructed structure that is converted to an ADU or for a new structure built in the exact location of an existing structure.
Second story. No additional setbacks are required when constructing an ADU above an existing lawfully constructed structure.
Parking.
In addition to the required parking for the primary dwelling, one parking space shall be provided for an ADU unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as tandem parking on a driveway in a manner that does not encroach onto the public right of way or public sidewalk, and otherwise complies with City parking requirements unless the Director of Community and Economic Development determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.
Notwithstanding the foregoing, no parking space(s) shall be required for an ADU if:
It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.; It is located within an architecturally and historically significant district, including preservation zones; It is part of a proposed or existing primary residence or an accessory structure; On-street parking permits are required but not offered to the occupant of the ADU; There is a car share vehicle located within one block of the ADU; or The permit application for the ADU is submitted with a permit application to create a new single-family dwelling or new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies all other criteria listed in this subsection relating to parking requirements.
When a garage, carport, covered parking space, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.
All parking spaces shall have access to a public street or alley from an improved driveway construction in accordance with FMC Section 15.56.130.A for materials and FMC Sections 15.17.085.B and C, as applicable for dimensions.
Parking spaces shall have minimum dimensions of nine feet in width and 19 feet in length.
The parking space may be located in the front setback.
Architectural Requirements:
The materials and colors of the exterior walls, roof, and windows and doors must be the exact same as those of the primary dwelling.
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.
The exterior lighting must be fully shielded and aimed downward or as otherwise required by the building or fire code.
Nonconformities. ADUs and JADUs approved under this section shall not be required to correct lawfully constructed physical improvements that do not conform with current zoning standards.
Ingress and egress. ADUs shall have an independently accessible entrance that does not require passage through the primary dwelling unit.
No portion of an ADU may encroach into any public or private easement such as a utility easement unless the easement holder has provided written authorization to construct the ADU in the manner proposed.
Development standards, including size based on a percentage of the primary dwelling, limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size shall be waived to the extent required to allow construction of an 800 square foot ADU.
No certificate of occupancy shall be issued for an ADU until the certificate of occupancy is issued for the primary unit.
When an ADU is being constructed on any real property listed in the California Register of Historical Resources, the ADU shall comply with the objective standards within FMC Section 15.48.070 to prevent adverse impacts on any real property listed in the California Register of Historical Resources.
Junior Accessory Dwelling Units
One JADU shall be allowed within an existing or proposed single-family dwelling, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 15.17.100.H, below.
The JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.
The JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the home than the front door of the primary dwelling.
The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit.
No additional parking shall be required for a JADU.
JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence.
7. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.
8. Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the City Attorney, and which establishes the following:
The JADU shall not be sold separately from the single-family residence.
The JADU is restricted to the maximum size allowed per the standards set forth in this section.
The JADU may not be rented for a period of less than 30 days.
A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization in accordance with Government Code Section 65852.26.
The deed restriction shall run with the land and be binding upon any successor in ownership of the property.
Mandatory Approvals.
1. Notwithstanding any other provision of this section, pursuant to California Government Code Section 66323, the City shall ministerially approve an application for a building permit within any residential or mixed-use zone to create any of the following:
One ADU and one JADU within the existing or proposed space of a single-family dwelling or accessory structure.
An existing accessory structure may be expanded by up to 150 square feet solely for the purpose of accommodating ingress and egress to an ADU.
The ADU and/or JADU must have exterior access from the proposed or existing single-family dwelling.
The side and rear setbacks must be sufficient for fire and safety.
If the unit is a JADU, it must comply with the requirements of California Government Code Section 66333 et seq, as further set forth in Subsection G of this section.
One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with an existing or proposed single family dwelling. The ADU may be combined with a JADU described in Subsection G above. The ADU shall not exceed 800 square feet and shall not exceed the height limits set forth in Subsection F.2.a.i-iii.
On a lot with an existing multifamily dwelling structure, up to twenty-five percent of the total multifamily dwelling units, but no less than one ADU, 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, provided that each ADU complies with state building standards.
On a lot with an existing multifamily dwelling structure, up to eight detached ADUs, provided that the number of ADUs on the lot shall not exceed the number of existing units on the lot. Setbacks shall be limited to side and rear setbacks of no more than four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require modification as a condition of approving the application for the proposed ADU(s). The height shall not exceed the height limits set forth in Subsection F.2.a.i-iii.
On a lot with a proposed multifamily dwelling structure, up to two detached ADUs. Side and rear yard setbacks shall be no more than four feet. The height shall not exceed the height limits set forth in Subsection F.2.a.i-iii.
The City shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s).
An ADU created pursuant to this subsection shall not be rented for periods of less than 31 days.
ADUs as Transient Lodging. Except as provided in Subsection H.3, ADUs and JADUs may not be rented for periods of less than thirty-one days.
Prohibition Against Separate Sale of ADU. An ADU shall not be sold or conveyed separately from the primary dwelling, except as allowed by California Government Code Section 66342 or 66341.
Unpermitted ADUs and JADUs. The following provisions apply to ADUs/JADUs constructed prior to January 1, 2020.
No application or permit shall be denied for an unpermitted ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:
The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with Section 17960); or The ADU or JADU does not comply with state law or the provisions of the Fullerton Zoning Code regulating ADUs or JADUs.
The provisions of Subsection K.1 shall not apply if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code Section 17920.3.
The City shall inform a homeowner that, before submitting an application for a permit for an unpermitted structure, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.
Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The City shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.
A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and the fee is not imposed on an ADU authorized under 15.17.100.C.3.b, above.
Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an ADU that provides substantially as follows:
You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety, you may file an application with the Director of Community and Economic Development. If the City determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
Areas of Insufficient Water and Sewer Service. New ADUs are prohibited if the City engineer determines the surrounding residential neighborhood has insufficient water or sewer service and such area has been designated on a map created and maintained by the City engineer showing these areas. Such map shall be posted on the City’s website and promptly made available to the public upon request. The City engineer shall update the map periodically. This subsection shall not apply to ADUs approved pursuant to Subsection H of this section.
Clarifications and interpretations. If ambiguity arises concerning the application of this section, it shall be the duty of the Director of Community and Economic Development to provide an interpretation in furtherance of California state law for the provision of housing.
Urban Lot Split. Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to Municipal Code Section 16.03.070 et seq. (Urban Lot Split – Approval Process), than an ADU or JADU is allowed only if, after construction, there would be no more than two housing units on the lot, including, but not limited to units otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.
SECTION 3. City Council repeals or modifies any provision of the Fullerton Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. CEQA. City Council finds this Ordinance exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3), the common sense exemption. The Ordinance implements changes to code standards to comply with state law. One can therefore see with certainty no possibility of a physical effect on the environment exists. None of the exceptions to exemption set forth in CEQA Guidelines section 15330.2 apply.
SECTION 5. If any section, subsection, phrase or clause of this Ordinance is held unconstitutional for any reason, such decision will not affect the validity of the remaining portions of this Ordinance. City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses may be declared unconstitutional.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and publish in the manner required by law. This Ordinance shall become effective thirty days from and after its passage.
SECTION 7. The City Clerk’s Office has the documents and materials constituting the record of proceedings and basis for findings and approval on file at City Hall, 303 West Commonwealth Avenue, Fullerton, CA. The City Clerk is Custodian of Records and can be reached at (714) 738-6350.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JUNE 3, 2025.
__________________________
Fred Jung
Mayor
ATTEST:
__________________________
Lucinda Williams, MMC
City Clerk
__________________________
Date
Ordinance No. XXXX