THE EDUCATION COMMUNITY
303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6598 · Fax (714) 738-3110 · Website: www.cityoffullerton.com
CITY OF FULLERTON
_______________________________________________________________________________________________________________________________________________ Community and Economic Development Department
Item No. 2
April 23, 2025
6:30 p.m.
Public Hearing
TO: Chair Dino and
Members of the Planning Commission
APPLICATION
LRP-2025-0008
APPLICANT
City of Fullerton
LOCATION
Citywide
SUMMARY AND APPLICATION REQUESTED
The City of Fullerton is proposing to amend Title 15 of the Fullerton Municipal Code (FMC) pertaining to regulations for Accessory Dwelling Units including amendments to Section
15.04.040 Definitions and repealing and replac ing Section 15.17.100 Accessory and Junior Accessory Dwelling Units to comply with state law.
CEQA DETERMINATION
In accordance with the California Environmental Quality Act (CEQA) Guidelines , the recommended action is exempt from further review pursuant to Section 15061(b)(3) as the action is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and the changes in regulations relating to Accessory Dwelling Units.
AUTHORIZATION/GUIDELINES
FMC Section 15.72 .020 authorizes the Planning Commission to review and make a recommendation to the City Council on Zoning Code amendments.
PUBLIC OUTREACH
On March 27, 2025, notice was posted on the City’s website and at the Maintenance Services Department, Main Library, Museum Center, and City Hall on the Public Notice boards. In addition, Planning Commission Staff Report
April 23, 2025
Item No. 2 Page 2 LRP-2025-0008
notice was published in the Fullerton News Tribune on April 3, 202 5. No comments or correspondence has been received as of the preparing of this report.
PROJECT BACKGROUND
Since 2016, numerous Assembly Bills (AB) and Senate Bills (SB) have been signed into law that impose limits on local authority to regulate Accessory D welling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Recently, State ADU Laws have evolved to lower barriers to further the development of affordable housing in California. There are currently over ten State laws that dictate ADU regulations ; however, there is the occurrence of some conflicting state regulations, overlapping requirements, or missing requirements, which requires the cities to occasionally “fill in the gaps” within the corresponding City regulations.
The most recent legislation includes SB 477, AB 2533, and SB 1211 which made changes to Government Code and changes to State ADU Law:
• SB 477 – Signed March 2024, approved changes to the Government Code Sections related to State ADU Law which took effect immediately.
• AB 2533 – Signed September 2024, prohibits a city from denying a permit to legalize an unpermitted ADU or JADU that was constructed before January 1, 2020, which became effective January 1, 2025.
• SB 1211 – Signed September 2024, amended regulations to prohibit a local agency from requiring replacement parking when uncovered parking spaces are demolished in conjunction with an ADU. Also added definitions for “ Livable Space” and increased the number of detached ADUs for multifamily dwellings up to eight detached ADUs or as many detached ADUs as there are primary dwelling units on the lot , whichever is less, which became effective January 1, 2025.
Planning Staff worked closely with the City Attorney to revise the ADU regulations to ensure that state laws were met and to tailor the regulations, where possible, to try to meet Fullerton resident expectations.
PROJECT DESCRIPTION / ANALYSIS
The City is required to amend the City of Fullerton’s ADU regulations contained within the Fullerton Municipal Code. These regulations were last revised in 2022 and don’t comply with recent state revisions to ADU related laws. Also, with the recent adoption of the City’s 6 th Cycle Housing Element (a pproved by the City Council on January 7, 2025, and certified by the Department of Housing and Community Development on February 27, 2025), there are new goals and policies in place to promote and provide affordable housing options and housing opportunities to Fullerton residents that tie into the ADU regulations.
The changes to the C ode aren’t considered major in nature; however, are necessary to ensure that Staff is enforcing the current state mandated requirements. The amendments , including definitions, relate to both ADUs and JADUs. The n ew and revised d efinitions (i.e., Section
15.04.040 Definitions) include the following: “Accessory Building,” “ Accessory Dwelling Unit or Planning Commission Staff Report
April 23, 2025
Item No. 2 Page 3 LRP-2025-0008
ADU,” “ Accessory Structure ,” “ Complete Independent Living Facilities ,” “ Efficiency Kitchen ,” “Junior Accessory Dwelling Unit or JADU,” “Livable Space,” “Living Area,” “Multifamily Dwelling,” “Passageway,” “Proposed Dwelling,” and “Single Family Dwelling.”
Additionally, previously ambiguous items regarding fees and utilities are called out and made clearer. For example, this includes the allowance of ADUs less than 250 square feet in size not having to pay impact fees whereas ADUs greater than 750 square feet in size will be subject to impact fees on a “per square-foot” rate. This particular item was not previously called out.
In summary, the FMC Section was reorganized to flow better, therefore Staff is proposing to repeal and replace the entire Section 15.17 .100 Accessory and Junior Accessory D welling Units to comply with State ADU Law. Lastly, the entire Section was revised and condensed in an effort to provide ADU standards that are easier for the public to follow.
Section 15.17.100 Accessory D welling Units and Junior Accessory D welling Units will be structured to include the following Subsections:
• Section 15.17.100.A Purpose
• Section 15.17.100.B Applications – ADUs and JADUs
• Section 15.17.100.C Utilities and Fees
• Section 15.17.100.D Allowed Zones
• Section 15.17.100.E Number of ADUs and JADUs
• Section 15.17.100.F Site and Design Standards
• Section 15.17.100.G Junior Accessory Dwelling Units
• Section 15.17.100.H Mandatory Approvals
• Section 15.17.100.I ADUs as Transient Lodging
• Section 15.17.100.J Prohibition Against Separate Sale of ADU • Section 15.17.100.K Unpermitted ADUs and JADUs
• Section 15.17.100.L Areas of Insufficient Water and Sewer Service • Section 15.17.100.M Clarification and Interpretations • Section 15.17.100.N Urban Lot Split
GENERAL PLAN CONSISTENCY
The proposed amendments are consistent with the provisions of the 2021-2029 City of Fullerton Housing Element and Fullerton Plan (General Plan) as follows:
Policy Action 3.2: Review and Update the Development Review Process.
The City must regularly evaluate and update its development review and permitting policies, standards, and practices in response to State and F ederal Laws intended to facilitate residential development.
Policy Action 3.6-d : Monitor updates to State ADU L aw and ensure Zoning Code compliance.
Policy Action 3. 6-e: Adopt an ordinance for new development standards to allow additional ADUs that meet basic setbacks and square footage requirements on properties exceeding one acre in R-1 and R-2 zoning districts.
LRP-2025-0008 – ADUs AND JADUs
Attachment No. 1
Draft Planning Commission Resolution No. PC-2025-05
RESOLUTION NO. PC-2025-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FULLERTON, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND TITLE 15 ZONING OF THE FULLERTON MUNICIPAL CODE
INCLUDING AMENDMENTS TO SECTION 15.04.040 DEFINITIONS AND REPEALING AND REPLACING SECTION 15.17.100 ACCESSORY AND JUNIOR
ACCESSORY DWELLING UNITS TO COMPLY WITH STATE LAW
LRP-2025-0008
APPLICANT: CITY OF FULLERTON
WHEREAS, an application was filed by the City of Fullerton to consider revisions to Title 15 Zoning of the Fullerton Municipal Code; and
WHEREAS, the City Council approved the City of Fullerton’s 6 th Cycle Housing Element
on January 7, 2025, which was certified by the Department of Housing and Community Development on February 27, 2025; and
WHEREAS, the Planning Commission, in compliance with the noticing requirements of FMC Section 15.76.050, has held a duly noticed public hearing for LRP-2025-0008 on April 23, 2025; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guidelines the recommended action is exempt from further review pursuant to Section 15061(b)(3) as the action is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and the changes in regulations relating to accessory dwelling units.
RESOLUTION
THEREFORE, the Planning Commission of the City of Fullerton does hereby recommend APPROVAL of said amendments to Title 15 of the Fullerton Municipal Code as follows:
SECTION 1. SECTION 15.04.040. Definitions, is amended to add the following definitions:
ACCESSORY BUILDING means a detached building, or part of a building that is incidental or subordinate to the main building or use on the same lot or parcel of land, without cooking facilities and is 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 and is 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:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code.
Resolution No. PC-2025-05
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
ACCESSORY STRUCTURE means an attached or detached structure that is 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 of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are 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 of the following:
1. It is no more than 500 square feet in size.
2. 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.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
4. 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.
5. 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 that is 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.
Resolution No. PC-2025-05
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 2. SECTION 15.17.100 Accessory dwelling units 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.
A. Purpose.
1. 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.
2. For purposes of this section, “primary dwelling” shall mean as follows:
a. 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.
b. In the case of any other residential or mixed- use zone in which a single- family dwelling exists on the property, the existing dwelling.
c. In the case of a multifamily or mixed- use zone which allows a residential use, existing or proposed multifamily units.
3. 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.
4. 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 is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.
B. Applications – ADUs and JADUs
1. 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.
a. 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.
Resolution No. PC-2025-05
b. If the application is denied, the C ity 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 si xty days of a complete application.
c. 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.
d. The City shall grant a delay if requested by the applicant.
e. If the City does not approve or deny the completed application within sixty days, the application shall be deemed approved.
f. 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 C ity 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.
2. All applications for ADUs and JADUs shall be accompanied by an application fee.
3. ADUs and JADUs shall be subject to application, inspection and permit fees.
4. 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.
5. Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.
C. Utilities and Fees.
1. All ADUs and JADUs must be connected to public utilities including water, electric, and sewer services.
2. Impact fees.
a. No impact fee shall be imposed on any ADU less than 250 square feet in size.
b. For ADUs 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
c. 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.
d. For purposes of this section, “impact fee” shall have the same meaning Resolution No. PC-2025-05
as set forth in Government Code Section 66324.
3. Connection Fees/Capacity Charges.
a. 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.
b. For an ADU contained within a proposed or existing single-family dwelling meeting the requirements of S ection 15.17.100.H.1.a, below, the C ity 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.
c. A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power.
D. 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.
E. 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.
1. 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.
F. Site and Design Standards
1. General Standards.
a. ADUs and JADUs are not included in density calculations, are considered residential uses consistent with zoning and general plan designations and Resolution No. PC-2025-05
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.
b. 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.
c. 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.
2. Height, FAR, and Site Coverage.
a. ADUs shall be subject to the following height limitations:
i. A height of 16 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit.
ii. 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.
iii. A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
iv. 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.
3. Relationship to Residential Structures.
a. 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.
b. An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.
c. 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.
Resolution No. PC-2025-05
4. Unit Size.
a. Maximum size.
i. 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.
ii. 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.
iii. Interior ADU. There is no size limit on an ADU built within an existing or proposed single-family residential structure.
iv. 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.
b. 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.
5. Setbacks.
a. Single family, multifamily zones.
i. Front setback: Per the base zoning standard.
ii. Side and streetside setback: Four feet.
iii. Rear setback: Four feet.
b. 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.
c. Second story. No additional setbacks are required when constructing an ADU above an existing lawfully constructed structure.
6. Parking.
a. 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 C ity parking requirements unless the Director of Community and Economic Development determines that Resolution No. PC-2025-05
parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.
b. Notwithstanding the foregoing, no parking space(s) shall be required for an ADU if:
i. It is located within one- half mile walking distance of public transit such as a bus stop, bus station, train station, etc.;
ii. It is located within an architecturally and historically significant district, including preservation zones;
iii. It is part of a proposed or existing primary residence or an accessory structure;
iv. On-street parking permits are required but not offered to the occupant of the ADU;
v. There is a car share vehicle located within one block of the ADU; or
vi. 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.
c. 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.
d. 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 S ections 15.17.085.B and C, as applicable for dimensions.
e. Parking spaces shall have minimum dimensions of nine feet in width and 19 feet in length.
f. The parking space may be located in the front setback.
7. Architectural Requirements:
a. The materials and colors of the exterior walls, roof, and windows and doors must be the exact same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
Resolution No. PC-2025-05
c. The exterior lighting must be fully shielded and aimed downward or as otherwise required by the building or fire code.
8. 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.
9. Ingress and egress. ADUs shall have an independently accessible entrance that does not require passage through the primary dwelling unit.
10. 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.
11. 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.
12. No certificate of occupancy shall be issued for an ADU until the certificate of occupancy is issued for the primary unit.
13. 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.
G. Junior Accessory Dwelling Units
1. 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.
2. 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.
3. 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.
4. 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.
5. No additional parking shall be required for a JADU.
6. 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.
Resolution No. PC-2025-05
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:
a. The JADU shall not be sold separately from the single-family residence.
b. The JADU is restricted to the maximum size allowed per the standards set forth in this section.
c. The JADU may not be rented for a period of less than 30 days.
d. 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.
e. The deed restriction shall run with the land and be binding upon any successor in ownership of the property.
H. Mandatory Approvals.
1. Notwithstanding any other provision of this section, pursuant to California Government Code S ection 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:
a. One ADU and one JADU within the existing or proposed space of a single- family dwelling or accessory structure.
i. 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.
ii. The ADU and/or JADU must have exterior access from the proposed or existing single-family dwelling.
iii. The side and rear setbacks must be sufficient for fire and safety.
iv. 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.
b. 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.
Resolution No. PC-2025-05
c. 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.
d. 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 f our 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.
e. 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.
2. The City shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s).
3. An ADU created pursuant to this subsection shall not be rented for periods of less than 31 days.
I. ADUs as Transient Lodging. Except as provided in S ubsection H.3, ADUs and JADUs may not be rented for periods of less than thirty-one days.
J. 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.
K. Unpermitted ADUs and JADUs. The following provisions apply to ADUs/JADUs constructed prior to January 1, 2020.
1. 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:
a. 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
b. The ADU or JADU does not comply with state law or the provisions of the Fullerton Zoning Code regulating ADUs or JADUs.
2. The provisions of Subsection K.1 shall not apply if the C ity 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.
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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.
4. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the C ity 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.
5. 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.
6. 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.
L. Areas of Insufficient Water and Sewer Service. New ADUs are prohibited if the C ity 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.
M. 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.
N. 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 S ection 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.
Resolution No. PC-2025-05
SECTION 3. The Planning Commission does hereby recommend that the City Council find the changes to Title 15 to be exempt from CEQA under the common sense exemption of CEQA Guidelines 15061(b)(3).
ADOPTED BY THE FULLERTON PLANNING COMMISSION ON APRIL 23, 2025.
___________________________________
Arnel Dino, Chairman
LRP-2025-0008 – ADUs AND JADUs
Attachment No. 2
Summary of Proposed Amendments
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15.04.040. Definitions.
ACCESSORY BUILDING OR STRUCTURE means a detached building or structure , or part of a building or structure that is incidental or subordinate to the main structure or building or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building. Examples include, but are not limited to garages, carports, patio covers , storage sheds, outdoor fireplaces or barbeques , 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 and is 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:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
ACCESSORY STRUCTURE means an attached or detached structure that is 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 of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are 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 of the following:
1. It is no more than 500 square feet in size.
2. 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.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
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4. If the unit does not include its own separate bathroom, the n 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.
5. 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 that is 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.
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15.17.100. Accessory and junior accessory dwelling units.
A. Intent:
It is the intent of the City to permit accessory dwelling units (ADU) and junior accessory dwelling units (JADU), in conformance with California state law, on lots in residential zones, when subject to development standards that will ensure the unit contributes to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of the residential neighborhood in which it is located.
B. Applicability and effect:
An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing General Plan and zoning designations for the property.
C. Standards and limitations:
Units meeting all of the following criteria shall be reviewed ministerially, subject to the issuance of a building permit and shall demonstrate compliance with all of the standards and limitations set forth in this section, to the satisfaction of the Community and Economic Development Director.
1. Accessory Dwelling Units – Existing Building or Structure.
a. Applicability. The provisions of 15.17.100.C.1 apply to ADUs constructed (1) within the existing space of a dwelling or structure, including a garage, (2) as an added story on top of an existing dwelling or structure, or (3) in the same location and to the same dimensions as an existing structure.
b. Number of ADUs.
i. Properties with an R-1/R-1P zone classification shall be limited to no more than one (1) ADU.
ii. Properties with an O -P zone classification currently developed with a building originally constructed as a single- family residence (regardless of current use) shall be limited to no more than one (1) ADU, subject to the following.
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1. An ADU shall be allowed within the portions of the single- family residence structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
iii. Properties with an R -2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD zone classification containing fewer than 8 units shall be limited to no more than one (1) ADU, subject to the following.
1. An ADU shall be allowed within the portions of an existing multi -family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
iv. Properties with an R -2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD zone classification containing eight or more units shall be limited to no more than the number of ADUs which equates to 25 percent of the total existing units, subject to the following.
1. An ADU shall be allowed within the portions of an existing multi -family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
2. All calculations resulting in fractional units shall be rounded down to the nearest whole number.
c. Number of bedrooms. An ADU shall contain no more than two (2) bedrooms as defined in Section 15.04.040.
d. Size.
i. When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, it shall be limited in size to the existing square footage of the building or structure converted or replaced, except that the exis ting building or structure may be expanded up to 150 sq. ft. for the purposes of ingress and egress to the ADU only.
ii. When an ADU is constructed above an existing building or structure, it shall be limited in size to the footprint of the existing building or structure on which Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
it sits, except that either the existing building or structure or ADU may be expanded up to 150 sq. ft. for the purposes of ingress and egress to the ADU only.
e. Access. An ADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between the ADU and primary dwelling unit may also be provided.
f. Setbacks.
i. When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, no additional building setback is required, subject to compliance with fire safety requirements.
ii. When an ADU is constructed above an existing building or structure, no additional building setback is required, subject to compliance with fire safety requirements.
iii. When an existing building or structure is expanded pursuant to Section 15.17.100.C.1.d, a minimum four (4) foot side and rear setback shall be required, subject to compliance with fire safety requirements. The expansion shall comply with the front setback requirements of the zone classification.
g. Height.
i. When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, no height standards apply.
ii. When an ADU is constructed above an existing building or structure, the maximum height requirements of the zone classification shall be in effect.
h. Open space. Not applicable.
i. Lot coverage. Not applicable.
j. Parking.
i. No parking is required for the ADU.
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ii. When an ADU is constructed from the conversion of an existing garage, carport or other covered parking structure, no replacement parking is required for the primary dwelling unit.
k. Architectural compatibility. Not applicable.
l. Development impact fees. An ADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.
m. Utilities. An ADU shall not be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities. No new or separate utility connection between the ADU and the utility shall be required.
n. Fire sprinklers. Fire sprinklers shall not be required for an ADU unless they are also required for the primary dwelling unit.
o. Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the ADU and the primary dwelling unit, except as provided below.
i. The ADU may be sold or conveyed separately from the primary residence to a qualified buyer when the property was developed by a qualified nonprofit corporation, pursuant to Government Code 65852.26.
p. Occupancy. The ADU shall not be rented out for less than 31 consecutive calendar days.
q. Legalizing. An existing non-conforming or unpermitted dwelling unit may be legalized as an ADU in accordance with Table 15.17.020.A if it meets or can be improved to meet all requirements of Section 15.17.100.C.1, subject to allowances pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for an ADU.
2. Accessory Dwelling Units – New Construction.
a. Applicability. The provisions of 15.17.100.C.2 apply to ADUs (1) attached to an existing or proposed dwelling, (2) detached from an existing or proposed dwelling whether or not the ADU is freestanding or attached to a detached accessory structure, or (3) for any construction not covered by 15.17.100.C.1 Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
and 15.17.100.C.3, including but not limited to, the expansion of an existing building or structure by more than 150 sq. ft.
b. Number of ADUs.
i. Properties with an R-1/R-1P zone classification shall be limited to no more than one (1) ADU, subject to the following. The provision of a detached ADU does not preclude a property from having a JADU.
1. Construction of an ADU shall be permitted on a property only if it has an existing or proposed primary dwelling unit.
2. When an ADU and primary dwelling unit are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling unit.
ii. Properties with an O -P zone classification currently developed with a building originally constructed as a single- family residence (regardless of current use) shall be limited to no more than one (1) ADU.
iii. Properties with an R -2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD zone classification shall be limited to no more than two (2) detached ADUs, subject to the following.
1. Construction of an ADU shall be permitted on a property only if it has an existing or proposed primary dwelling unit.
2. When an ADU and primary dwelling unit are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling unit.
c. Number of bedrooms. An ADU shall contain no more than two (2) bedrooms as defined in Section 15.04.040.
d. Size.
i. When an ADU is attached to the primary dwelling unit and complies with the development standards as specified below, the maximum floor area shall be the greater of 50% of the floor area of the primary dwelling unit or 1,000 sq. ft., not to exceed 1,200 sq. ft., and shall be no less than 150 sq. ft.
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ii. When an ADU is detached from the primary dwelling unit and complies with the development standards as specified below, the floor area shall not exceed 1,200 sq. ft. and shall be no less than 150 sq. ft.
iii. When an ADU is attached or detached and the application of the development standards related to open space and lot coverage prohibit an ADU of at least 800 sq. ft., these standards shall be waived to allow construction of an ADU of up to 800 sq. ft.
e. Access. An ADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between an attached ADU and primary dwelling unit may also be provided.
f. Setbacks.
i. When an ADU is attached to the primary dwelling unit, a minimum four (4) foot side and rear setback shall be required, subject to compliance with fire safety requirements. The new construction shall comply with the front setback requirements of the zone classification.
ii. When an ADU is detached from the primary dwelling unit, a minimum four (4) foot side and rear setback shall be required, subject to compliance with fire safety requirements. The new construction shall comply with the front setback requirements of the zone classification.
iii. When an attached or detached ADU is constructed pursuant to 15.17.100.C.2.d.iii, a minimum four (4) foot side and rear setback shall be required, subject to compliance with fire safety requirements. The new construction shall comply with the front setback requirements of the zone classification.
g. Height.
i. When an ADU is attached to or detached from the primary dwelling unit, the maximum height requirements of the zone classification shall be in effect, including 15.17.050.C.2 which limits the building area of a second story in the R - 1/R-1P zone classifications to 70% of the building area contained on the first story.
ii. When an attached or detached ADU is constructed pursuant to 15.17.100.C.2.d.iii, the maximum height shall be one-story.
h. Open space. When an ADU is attached to or detached from the primary dwelling unit, the property shall continue to meet the open space requirements for Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
the primary dwelling. For purposes of determining the amount of required open space, the bedrooms of the ADU are excluded.
i. Lot coverage. When an ADU is attached to or detached from the primary dwelling unit, the property shall continue to meet the lot coverage requirements for the primary dwelling. For purposes of determining the amount of required lot coverage, the area of the ADU is excluded.
j. Parking. The parking for the ADU shall be in addition to the parking requirement for the primary dwelling unit subject to the following provisions.
i. One parking space is required for each ADU, except as provided in iii, below.
ii. The parking for the ADU may be located in any configuration on the property, including but not limited to, covered spaces, uncovered spaces or tandem spaces, subject to the following.
1. The parking space shall have access to a public street or alley from an improved driveway, constructed pursuant to 15.56.130.A for materials and 15.17.085.B or 15.17.085.C, as applicable, for dimensions.
2. The parking space shall have minimum dimensions of nine feet in width and 19 feet in length.
3. The parking space may be located in the front setback of the zone classification.
iii. No additional parking for the ADU is required under any of the following circumstances.
1. The property is located within a one- half mile walking route of public transit.
2. On-street parking permits are required but not offered to the occupant of the ADU.
3. There is a car share vehicle located within one block of the ADU.
4. The property has a zone classification which includes designation as preservation "P" zone or is individually listed on the City’s local register of historic resources and the Director of Community and Economic Development determines Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
that the provision of parking for the ADU is detrimental to the primary dwelling and/or contrary to the City’s goal and policies with respect to Historic Preservation identified in The Fullerton (General) Plan.
k. Architectural compatibility. When visible from the public right -of-way (including from a public alley), the architectural design of an attached or detached ADU shall be visually compatible with the primary dwelling unit and with the neighborhood character.
l. Development impact fees. An ADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.
m. Utilities. An ADU shall be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities when a separate connection is requested or required.
n. Fire sprinklers. Fire sprinklers shall not be required for an ADU unless they are also required for the primary dwelling unit.
o. Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the ADU and the primary dwelling unit, except as provided below.
i. The ADU may be sold or conveyed separately from the primary residence to a qualified buyer when the property was developed by a qualified nonprofit corporation, pursuant to Government Code 65852.26.
p. Occupancy. The ADU shall not be rented out for less than 31 consecutive calendar days.
q. Legalizing. An existing non- conforming or unpermitted habitable building, structure or dwelling unit may be legalized as an ADU in accordance with Table 15.17.020.A if it meets or can be improved to meet all requirements of Section 15.17.100.C.2, subject to allowances pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition for approval for an ADU.
3. Junior Accessory Dwelling Units.
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a. Applicability. The provisions of 15.17.100.C.3 apply to JADUs constructed within the walls of an existing or proposed single- family residence, excluding any attached or detached garage.
b. Number of JADUs.
i. Properties with an R-1/R-1P zone classification shall be limited to no more than one (1) JADU, subject to the following.
1. The property may not have an existing or proposed ADU, unless the ADU is detached from the single-family residence.
2. The JADU shall include a kitchen with a cooking facility with appliances, a food preparation counter and storage cabinets that are a reasonable size in relation to the size of the JADU.
3. When a JADU and primary dwelling are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling.
ii. Properties with an O -P zone classification currently developed with a building originally constructed as a single- family residence (regardless of current use) shall be limited to no more than one (1) JADU, subject to the following.
1. The property may not have an existing or proposed ADU.
2. The JADU shall include a kitchen with a cooking facility with appliances, a food preparation counter and storage cabinets that are a reasonable size in relation to the size of the JADU.
iii. Properties with an R -2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD zone classification that are currently developed with an existing single- family residence shall be limited to no more than one (1) JADU, subject to the following.
Construction of a JADU is not permitted on a property with an existing multi -family residence.
1. The property may not have an existing or proposed ADU, unless the ADU is detached from the single-family residence.
2. The JADU shall include a kitchen with a cooking facility with appliances, a food preparation counter and storage cabinets that are a reasonable size in relation to the size of the JADU.
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3. When a JADU and primary dwelling are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling.
c. Number of bedrooms. A JADU shall contain no more than one (1) bedroom as defined in Section 15.04.040, however, a separate room normally used for sleeping purposes is not required so long as the JADU includes permanent provisions for sleeping.
d. Size.
i. A JADU shall be limited in size to 500 sq. ft.
e. Access.
i. A JADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between the JADU and primary dwelling unit may also be provided, except as required, below.
ii. If the JADU does not have separate sanitation facilities, interior access between the JADU and the primary dwelling unit shall be provided.
f. Setbacks. Not applicable.
g. Height. Not applicable.
h. Open space. Not applicable.
i. Lot coverage. Not applicable.
j. Parking.
i. No parking is required for the JADU.
k. Architectural compatibility. Not applicable.
l. Development impact fees. A JADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.
m. Utilities.
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i. A JADU shall not be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities. No new or separate utility connection between the JADU and the utility shall be required.
ii. The JADU may, but is not required to include separate sanitation facilities.
If separate sanitation facilities are not provided, the JADU shall have access, as required above.
n. Fire sprinklers. Fire sprinklers shall not be required for a JADU unless they are also required for the primary dwelling unit.
o. Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the JADU and the primary dwelling unit, subject to the following except as provided below.
i. A deed restriction, which shall run with the land, shall be recorded with the Orange County Recorder with a copy of the recorded document provided to the Fullerton Community and Economic Development Department and include both of the following.
1. A prohibition on the sale of the JADU separate from the primary dwelling unit.
2. A description of the size and attributes of the JADU, documenting conformance to applicable development standards at the time of permit issuance.
ii. The JADU may be sold or conveyed separately from the primary residence to a qualified buyer when the property was developed by a qualified nonprofit corporation, pursuant to Government Code 65852.26.
p. Occupancy. The owner of the property shall reside in either the primary dwelling unit or the JADU. Owner-occupancy shall not be required when the owner is a governmental agency, land trust, or housing organization. If the JADU is rented, it shall not be rented out for less than 31 consecutive calendar days.
q. Legalizing. An existing non-conforming or unpermitted dwelling unit may be legalized as a JADU in accordance with Table 15.17.020.A if it meets or can be improved to meet all requirements of Section 15.17.100.C.3, subject to allowances pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
correction of nonconforming zoning conditions as a condition for approval for a JADU.
15.17.100. Accessory dwelling units and junior accessory dwelling units.
A. Purpose.
1. 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.
2. For purposes of this section, “primary dwelling” shall mean as follows:
a. 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.
b. In the case of any other residential or mixed -use zone in which a single-family dwelling exists on the property, the existing dwelling.
c. In the case of a multifamily or mixed -use zone which allows a residential use, existing or proposed multifamily units,
3. 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.
4. 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 is in conflict with state law, the mandatory requirement of state law shall cont rol, but only to the extent legally required.
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B. Applications – ADUs and JADUs
1. 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.
a. 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.
b. If the application is denied, the C ity 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 si xty days of a complete application.
c. 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.
d. The City shall grant a delay if requested by the applicant.
e. If the City does not approve or deny the completed application within sixty days, the application shall be deemed approved.
f. 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 C ity 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.
2. All applications for ADUs and JADUs shall be accompanied by an application fee.
3. ADUs and JADUs shall be subject to application, inspection and permit fees.
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4. 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 con struction of the unit.
5. Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.
C. Utilities and Fees.
1. All ADUs and JADUs must be connected to public utilities including water, electric, and sewer services.
2. Impact fees.
a. No impact fee shall be imposed on any ADU less than 250 square feet in size.
b. For ADUs 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
c. 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.
d. For purposes of this section, “impact fee” shall have the same meaning as set forth in Government Code Section 66324.
3. Connection Fees/Capacity Charges.
a. 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.
b. For an ADU contained within a proposed or existing single - family dwelling meeting the requirements of S ection
15.17.100.H.1.a, below, the C ity 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 Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.
c. A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power.
D. 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.
E. Number of ADUs and JADUs. Except as specified in S ection 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.1e.
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 S ubsections H.1.c to H.1.e, but not both.
1. 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 (sewe r 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.
F. Site and Design Standards
1. General Standards.
a. 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 Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
lot upon which it is located.
b. 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.
c. 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.
2. Height, FAR, and Site Coverage.
a. ADUs shall be subject to the following height limitations:
i. A height of 16 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit.
ii. 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 S ection
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.
iii. A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
iv. 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.
3. Relationship to Residential Structures.
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a. 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.
b. An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.
c. 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.
4. Unit Size.
a. Maximum size.
i. 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.
ii. 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.
iii. Interior ADU. There is no size limit on an ADU built within an existing or proposed single -family residential
structure.
iv. 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.
b. 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.
5. Setbacks.
a. Single family, multifamily zones.
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i. Front setback: Per the base zoning standard.
ii. Side and streetside setback: Four feet.
iii. Rear setback: Four feet.
b. 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.
c. Second story. No additional setbacks are required when constructing an ADU above an existing lawfully constructed structure.
6. Parking.
a. 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.
b. Notwithstanding the foregoing, no parking space(s) shall be required for an ADU if:
i. It is located within one -half mile walking distance of public transit such as a bus stop, bus station, train
station, etc.;
ii. It is located within an architecturally and historically significant district, including preservation zones;
iii. It is part of a proposed or existing primary residence or an accessory structure;
iv. On-street parking permits are required but not offered to Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
the occupant of the ADU;
v. There is a car share vehicle located within one block of the ADU; or
vi. 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.
c. 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.
d. 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 S ections
15.17.085.B and C, as applicable for dimensions.
e. Parking spaces shall have minimum dimensions of nine feet in width and 19 feet in length.
f. The parking space may be located in the front setback.
7. Architectural Requirements:
a. The materials and colors of the exterior walls, roof, and windows and doors must be the exact same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be fully shielded and aimed downward or as otherwise required by the building or fire code.
8. 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.
9. Ingress and egress. ADUs shall have an independently accessible Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
entrance that does not require passage through the primary dwelling unit.
10. 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.
11. 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.
12. No certificate of occupancy shall be issued for an ADU until the certificate of occupancy is issued for the primary unit.
13. 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 S ection 15.48.070 to prevent adverse impacts on any real property listed in the California Register of Historical Resources.
G. Junior Accessory Dwelling Units
1. 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.
2. 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.
3. 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.
4. 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.
Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
5. No additional parking shall be required for a JADU.
6. 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:
a. The JADU shall not be sold separately from the single -family residence.
b. The JADU is restricted to the maximum size allowed per the standards set forth in this section.
c. The JADU may not be rented for a period of less than 30 days.
d. 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.
e. The deed restriction shall run with the land and be binding upon any successor in ownership of the property.
H. 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:
a. One ADU and one JADU within the existing or proposed space of a single-family dwelling or accessory structure.
i. An existing accessory structure may be expanded by up to 150 square feet solely for the purpose of
Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
accommodating ingress and egress to an ADU.
ii. The ADU and/or JADU must have exterior access from the proposed or existing single-family dwelling.
iii. The side and rear setbacks must be sufficient for fire and safety.
iv. 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.
b. 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 S ubsection 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.
c. 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.
d. 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.
e. 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.
2. The City shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s).
Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
3. An ADU created pursuant to this subsection shall not be rented for periods of less than 31 days.
I. ADUs as Transient Lodging. Except as provided in S ubsection H.3, ADUs and JADUs may not be rented for periods of less than thirty-one days.
J. 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.
K. Unpermitted ADUs and JADUs. The following provisions apply to ADUs/JADUs constructed prior to January 1, 2020.
1. 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:
a. 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
b. The ADU or JADU does not comply with state law or the provisions of the Fullerton Zoning Code regulating ADUs or JADUs.
2. The provisions of S ubsection K.1 shall not apply if the C ity 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.
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 pote ntial scope of building improvements before submitting an application for a permit.
4. 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 C ity 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.
Original text in italics, new text in blue, bold and underlined, deleted text in red strike through
5. 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.
6. Until January 1, 2030, the C ity 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 C ity
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.
L. 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.
M. D. Clarifications and Interpretations.
If ambiguity arises concerning the application of 15.17.100 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.
N. E. 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), then an ADU or JADU is allowed 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.
LRP-2025-0008 – ADUs AND JADUs
Attachment No. 3
PowerPoint Presentation
Planning Commission Meeting
April 23, 2025
LRP-2025-0008
Fullerton Municipal Code – Accessory and
Junior Accessory Dwelling Units
Citywide
Section 15.04.040 Definitions
2 Section 15.04.040 Definitions will be amended to include:
• Accessory Building
• Accessory Dwelling Unit or ADU
• Accessory Structure
• Complete Independent Living Facilities
• Efficiency Kitchen
• Junior Accessory Dwelling Unit or JADU
• Livable Space
• Living Area
• Multifamily Dwelling
• Passageway
• Proposed Dwelling
• Single Family Dwelling
Section 15.17.100
Section 15.17.100 Accessory dwelling units and junior accessory dwelling units will be structured to include the following subsections:
• Section 15.17.100.A Purpose
• Section 15.17.100.B Applications – ADUs and JADUs
• Section 15.17.100.C Utilities and Fees
• Section 15.17.100.D Allowed Zones
• Section 15.17.100.E Number of ADUs and JADUs
• Section 15.17.100.F Site and Design Standards
• Section 15.17.100.G Junior Accessory Dwelling Units
• Section 15.17.100.H Mandatory Approvals
• Section 15.17.100.I ADUs as Transient Lodging
• Section 15.17.100.J Prohibition Against Separate Sale of ADU • Section 15.17.100.K Unpermitted ADUs and JADUs
• Section 15.17.100.L Areas of Insufficient Water and Sewer Service • Section 15.17.100.M Clarification and Interpretations • Section 15.17.100.N Urban Lot Split
Recommended Actions
• Adopt Resolution No. PC-2025-05 recommending that the City Council amend Title 15 Zoning of the Fullerton Municipal Code including amendments to Sections 15.04.040 Definitions and repealing and replacing Section 15.17.100 Accessory and Junior Accessory Dwelling Units to comply with State Law Planning Commission Meeting
April 23, 2025
LRP-2025-0008
Fullerton Municipal Code – Accessory and
Junior Accessory Dwelling Units
Citywide