Draft PC Resolution No. 25-020
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DRAFT RESOLUTION NO. 25-020
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL
OF CODE AMENDMENT (CODE-000690-2025) AMENDING SECTION 830.A
OF THE CITY OF POMONA ZONING AND DEVELOPMENT CODE
PERTAINING TO ACCESSORY DWELLING UNIT AND JUNIOR
ACCESSORY DWELLING UNIT REGULATIONS IN COMPLIANCE WITH
STATE LAW AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA UNDER PUBLIC RESOURCES CODE SEC. 21080.17
WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law;
WHEREAS, new updates to state ADU law take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the City desires to maintain full compliance with State law; and
WHEREAS, the City of Pomona has duly initiated Code Amendment ( CODE-000690- 2025); and
WHEREAS, the Planning Commission of the City of Pomona, after giving notices thereof as required by law, held a public hearing on December 16, 2025 concerning Code Amendment (CODE-000690-2025) and carefully considered all pertinent testimony and the staff report offered in the case as present.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Pomona as follows:
Attachment No. 4
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SECTION 1. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. The Planning Commission, exercising independent judgment, finds and determines that this ordinance is statutorily exempt from the provisions of the California Environmental Quality Act (“CEQA”). Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State's Accessory Dwelling Unit law.
SECTION 3. The Planning Commission hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
SECTION 4. As required per Pomona Zoning and Development Code Section 1150.D.4, the following findings shall be made in order to appro ve a Zoning and Development Code Amendment:
1. The proposed Zoning and Development Code Amendment is consistent with the goals, policies, plans and exhibits of the General Plan; and
The proposed amendments to Section 830.A Accessory Dwelling Units have been prepared to ensure compliance with state law, to provide affordable housing to meet the needs of the citizens of the City of Pomona, to ensure compliance that ADU and JADU development is compatible with existing development, as well as to preserve the City’s cultural, historical, and architectural heritage. As such, the proposed amendments are consistent with Housing Goal 1 of the General Plan: Pomona’s land use regulations encourage the development and preservation of safe, healthy, affordable housing as well as a variety of housing types, home ownership models , and designs. By implementing State law, which streamlines the development process for ADUs and JADUs, the City is actively promoting the development of varied, affordable housing types in alignment with this goal.
2. The proposed Zoning and Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
The proposed amendments are necessary to bring the City’s Zoning and Develop ment Code into compliance with new State legislation, specifically AB 462, AB 1154, SB 9, and SB 543, effective January 1, 2026. The adoption of this Ordinance promotes the public interest by ensuring the City's ADU regulations remain valid and enforceable, as State law mandates that ordinances must be in compliance. Failure to adopt these amendments could render the existing local ADU ordinance null and void, creating regulatory uncertainty and potentially impeding housing production. The amendments do not relax standards that protect public health or safety; rather, they clarify development standards related to size Draft PC Resolution No. 25-020
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(interior livable space), owner -occupancy requirements for JADUs, and streamline the permitting process by requiring clear timelines for completeness determinations, review of resubmittals, and written appeal processes for denials. These streamlined and clarified processes serve the public convenience and general welfare by making the housing development process more transparent and accessible f or property owners, while still requiring compliance with all applicable building and safety codes. Furthermore, the promotion of new, affordable housing options contributes directly to the general welfare of the community.
SECTION 4. Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Planning Commission hereby finds that the proposed Code Amendment is in the public interest and in the interest of the furtherance of the public health, safety, and welfare and is, as a matter of law, consistent with the Pomona General Plan pursuant to Government Code Section 66319.
SECTION 5. For the reasons set forth above, the Planning Commission of the City of Pomona hereby recommends that the City Council approve Code Amendment (CODE- 000690-2025), attached hereto as Exhibit A.
SECTION 6. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
APPROVED AND ADOPTED THIS 16TH DAY OF DECEMBER, 2025
CARLOS MOLINA
PLANNING COMMISSION CHAIRPERSON
ATTEST:
GEOFFREY STARNS
PLANNING COMMISSION SECRETARY
Draft PC Resolution No. 25-020
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APPROVED AS TO FORM:
MARCO A. MARTINEZ
DEPUTY CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF POMONA )
AYES:
NOES:
ABSTAIN:
ABSENT:
Pursuant to Resolution No. 76-258 of the City of Pomona, the time in which judicial review of this action must be sought is governed by California Code of Civil Procedure Section 1094.6.
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EXHIBIT A
830.A. Accessory Dwelling Units
1. Purpose and Intent . The purpose of this section is to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. while:
a. Providing affordable housing to meet the needs of the citizens of Pomona; b. Ensuring that the development of ADUs is compatible with existing development; c. Preserving the City of Pomona's cultural, historical, and architectural heritage; and d. Implementing and promoting the goals and policies of the General Plan.
2. Effect of Conforming . An ADU or JADU that conforms to the standards in this section must not be:
a. Deemed to be inconsistent with the General Plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in Sec. 830.A.3.
Definitions, below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with the California Health and Safety Code Sec. 17980.12..
3. Definitions. The following definitions apply to 830.A. Accessory Dwelling Units:
a. Accessory Dwelling Unit. An attached or a detached residential dwelling unit that provides Complete Independent Living Facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU also includes the following:
i. An efficiency unit, as defined the California Health and Safety Code Sec. 17958.1; and
ii. A manufactured home, as defined the California Health and Safety Code Sec. 18007.
b. Accessory Dwelling Unit, Attached. An ADU that is newly constructed and attached to the Primary Dwelling Unit. An Attached ADU may be located, in part, within the existing floor area of the Primary Dwelling Unit. c. Accessory Dwelling Unit, Detached. An ADU that is newly constructed and not attached to the Primary Dwelling Unit or multi -unit dwelling. A Detached ADU may be attached to an Accessory Structure (e.g. garage). d. Accessory Dwelling U nit, Interior. An ADU that is located entirely within the existing space of a Primary Dwelling Unit, multiunit dwelling, or Accessory Structure.
e. Accessory Structure. A structure that is accessory to and incidental to that of the Primary Dwelling Unit and that is located on the same lot.
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f. Crawl Space. An underfloor space that is not a basement as defined in the Code.
Any crawl space taller than 36 inches must be included in the calculation of the total floor area for an ADU.
g. Complete Independent Living Facilities. Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multifamily dwelling is or will be situated.
h. Efficiency Kitchen. A kitchen that includes all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
i. Junior Accessory Dwelling Unit. A residential unit that satisfies all of the following:
i. It is no more than 500 square feet of interior livable space in size. ii. 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. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
v. It includes an efficiency kitchen as defined in subsection (3)(h) above. j. Livable Space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
k. Living Area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. l. Multifamily Dwelling. Any structure with two or more attached primary dwelling units (e.g., apartments, attached townhomes, row houses). m. Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.
n. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
o. Primary Dwelling Unit. Any legally established, single -unit dwelling, existing or proposed, located on the same lot as an ADU or JADU.
p. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
q. Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
r. Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another as defined in the California Government Code (Sec. 65852.2).
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4. Ministerial Approvals . The following approvals apply to ADUs and JADUs under this section.
a. Type 1 – Building Permit Only . If an ADU or JADU complies with each of the general requirements in Sec. 830 .A.5. General ADU and JADU Requirements, below, it is allowed with only a building permit in the following scenarios:
i. Interior ADU on a Single-Unit Lot
ii. One Interior ADU and one JADU on a lot with a proposed or existing single-unit dwelling on it, where the ADU or JADU:
1. Is either within the space of a proposed Primary Dwelling Unit;
2. Within the existing space of a Primary Dwelling Unit; or
3. In the case of an ADU only, within the existing space of an Accessory Structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. a. An existing, Accessory Structure of any size may be
converted to an Interior ADU.
b. Any proposed expansions greater than the 150 additional square feet limited to accommodating ingress and egress are not permitted.
4. Has exterior access that is independent of that for the Primary Dwelling Unit.
5. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
6. In the case of a JADU, it must comply with the requirements of the California Government Code (Sec. 65852.22.).
iii. Limited Detached ADU on Single -Unit Lot . One detached, new construction ADU on a lot with a proposed or existing Primary Dwelling Unit (in addition to any JADU that might otherwise be establi shed on the lot under Sec. 830.A.4.a.1. Interior ADU on a Single-Unit Lot, above, if the Detached ADU satisfies the following limitations:
1. The side- and rear-yard setbacks are at least 4 feet.
2. The total floor area is 800 square feet of interior livable space or smaller.
3. The peak height above grade does not exceed the applicable height limit in Sec. 830.A.5.b. Height, below.
iv. Interior ADU on Multi -unit Lot . One or more ADUs within portions of existing multi-unit dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each Interior ADU complies with State building standards for dwellings. At least one Interior ADU is allowed within an existing multi-unit dwelling, up to a quantity equal to 25 percent of the existing multi-unit dwelling units.
v. Limited Detached ADU on Multi -unit Lot. No more than two Detached ADUs on a lot that has an existing or proposed multi -unit dwelling if each Detached ADU satisfies the following limitations:
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1. The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
2. The peak height above grade does not exceed the applicable height limit in Sec. 830.A.5.b. (Height).
b. Type 2 - Building Permit Only. Except as allowed under Sec. 830.A.4.a. Type 1 – Building Permit Only, above, no ADU may be created without a building permit in compliance with the standards set forth in Sec. 830.A.5. General ADU and JADU Requirements and Sec. 830.A.6. Specific ADU Requirements, below. c. Process and Timing
i. Completeness.
1. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
2. Incomplete items. If the city’s determinat ion under subsection (c)(i)(1) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
3. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
4. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will deter mine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
5. Deemed complete. If the city does not make a timely determination as required by this subsection (4)(c), the application or resubmitted application is deemed complete for the purposes of subsection (4)(c)(iii) below.
6. Appeal of incompleteness. An applicant may appeal the c ity’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination t o the applicant within 60 business days after receipt of the appeal. ii. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. iii. Deadline to approve or deny ministerial approvals . The city must approve or deny an application to create an ADU or JADU within 60 days from the Draft PC Resolution No. 25-020
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date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
2. When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JAD U will still be considered ministerially without discretionary review or a hearing. iv. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the de fective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 - day time period established by subsection (d)(3)(C) above. v. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
vi. Demolition of Detached Garages . In instances where a detached garage is to be demolished and replaced by an ADU, the application for the demolition of the garage will be reviewed with the application for the ADU and the permit for the garage demolition and ADU will be issued at the same time.
5. General ADU and JADU Requirements . The following requirements apply to all ADUs and JADUs that are approved under Sec. 830.A.4.a. Type 1 – Building Permit Only or Sec. 830.A.4.b. Type 2 - Building Permit Only:
a. Zoning
i. An ADU or JADU subject only to a building permit under Sec. 830.A.4.a.
Type 1 – Building Permit Only, may be created on a lot in a residential or mixed-use zone.
ii. An ADU or JADU subject to a building permit under Sec. 830.A.4.b. Type 2 - Building Permit Only, may be created on a lot that is zoned to allow single unit dwelling residential use or multi-unit dwelling residential use. b. Height
i. Except as otherwise provided by Sec. 830.A. 5.b.2. and Sec. 830.A.5.b.3.
General ADU and JADU Requirements, below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
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ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one -half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in the California Public Resources Code (Section 21155), and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs must not exceed two stories.
v. For purposes of this Sec. 830.A.5.b., Height is the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators.
c. Fire Sprinklers
i. Fire sprinklers are only required in an ADU or JADU if sprinklers are required in the primary residence. For purposes of this paragraph, in the case of multi -unit structures, the entire residential structure will be considered the primary residence.
ii. The construction of an ADU or JADU will not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling or existing multi- unit dwelling.
d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. e. No Separate Conveyance. Except as otherwise provided in the California Government Code (Sec. 65852.26.), an ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single -unit lot) or from the lot and all of the dwellings (in the case of a multi-unit lot).
f. Septic System. If the ADU or JADU will connect to an on -site water-treatment system, the Owner must include with the application a percolation test compl eted within the last five years or, if the percolation test has been recertified, within the last 10 years.
g. Owner-Occupancy.
i. ADUs. ADUs are not subject to an owner-occupancy requirement. ii. JADUs.
1. Generally. As required by state law, JADUs are generally subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either Draft PC Resolution No. 25-020
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the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
2. Exceptions. The owner -occupancy requirement in this subsection does not apply in either of the following situations:
a. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
b. The property is entirely owned by another governmental agency, land trust, or housing organization.
h. Deed Restrictions. Prior to the issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the Los Angeles County Recorder's office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners.
i. A deed restriction or similar instrument that runs with the land, must be recorded against the property and must include the following:
ii. Except as otherwise provided in the California Government Code Sec.66340 to 66342 , the ADU or JADU may not be sold separately from the primary dwelling.
iii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
iv. The deed restriction runs with the land and may be enforced against future property owners.
v. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. vi. To remove the deed restriction, an owner may make a written request of the Development Services Director, providing evidence that the ADU or JADU has in fact been eliminated.
vii. The Director of Development Service s may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. viii. Appeal may be taken from the Director of Development Service’s determination consistent with Sec. 1170.E. Director Determination. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
ix. The deed restriction is enf orceable by the Development Services Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any r emedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
i. Building and Safety
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i. Must Comply with the Buildin g Code. Subject to Sec. 830.A.5.i.2. No Change of Occupancy, below, all ADUs and JADUs must comply with all local building code requirements.
ii. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local buil ding code, as described in the California Building Code (Sec. 310), unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in Sec. 830.A.5.i.2. No Change of Occupancy prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequen tly converted for residential use in accordance with this section.
6. Specific ADU Requirements. The following requirements apply only to ADUs that require a building permit under Sec. 830.A.4.b. Type 2 - Building Permit Only, above. a. Primary Dwelling Unit requirement.
i. There must be a Primary Dwelling Unit located on the same lot as an ADU. ii. Where a Primary Dwelling Unit does not exist on a lot but is proposed, an ADU may be constructed concurrently with the construction of the Primary Dwelling Unit.
b. Unit Size
i. Lots less than 7,200 Square Feet in Area. The maximum size of a detached or attached ADU may not exceed 850 square feet of interior livable space for a studio or one bedroom unit or 1,000 square feet of interior livable space for a unit with two or more bedrooms.
ii. Lots 7,200 Square Feet in Area or Greater. The maximum size of a detached or attached ADU may not exceed 1,200 square feet of interior livable space. iii. Relationship to Other Development Standards . Application of other development standards in Sec. 830.A.6. Specific ADU Requirements, such as lot coverage, might further limit the size of the ADU, but no application of front yard, lot coverage, or open -space requirements may require the ADU to be less than 800 square feet of interior livable space. c. Coverage. The maximum coverage of the lot by all structures must not exceed the percentage established by the underlying zoning district. d. Yards
i. Front Yard. The minimum front yard for an ADU must be established by the underlying zoning district, subject to Sec . 830.A.6.b.3. Relationship to Other Development Standards), above.
ii. Side Yard. The minimum side yard for an ADU must be established by the underlying zoning district or 4 feet, whichever is less. iii. Rear Yard. The minimum rear yard for an ADU must be established by the underlying zoning district or 4 feet, whichever is less. iv. No yard must be required for:
1. An existing living area.
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2. An existing accessory structure.
3. A structure constructed in the same location and to the same dimensions as an existing struc ture that is converted to an ADU or to a portion of an ADU.
e. Landscaping. The minimum landscaping required must be established by the underlying zoning district.
f. Parking
i. No parking is required for any ADU.
ii. If provided, parking spaces must be located on an approved surface only. iii. If provided, parking spaces must have a minimum dimension of 9 feet by 18 feet.
iv. Tandem Parking
v. If provided, tandem parking spaces must have a minimum dimension of 9 feet by 33 feet.
vi. If provided, parking may be provided in yard areas o r as Tandem Parking as defined in Sec. 830.A.3. Definitions.
vii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or, converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.
g. Architecture. The materials and colors of the exterior, including but not limited to walls, roof, window trim, doors, foundation, exposed rafters, knee braces, and decorative tile, must match the appearance and architectural design of those of the primary dwelling.
h. Manufactured or Prefabricated Structures . Nothing in this section prohibits the installation of manufactured or prefabricated structures that comply with Sec. 830.A.6.g. Architecture, above.
i. Exterior access. All ADUs must provide independent access to the exterior of the unit.
j. Passageways. No Passageway is required in conjunction with the construction of an ADU.
k. Certificate of Occupancy
i. In no case will an ADU be issued a certificate of occupancy pri or to the issuance of a certificate of occupancy for the Primary Dwelling Unit. ii. A certificate of occupancy may be issued concurrently for both the Primary Dwelling Unit and the ADU.
iii. Limited Exception for State -declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
1. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
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2. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
3. The ADU has been issued construction permits and has passed all required inspections.
4. The ADU is not attached to the primary dwelling.
7. Fees
a. Impact Fees
i. No impact fee is required for an ADU that is less than or equal to 749 square feet of interior livable space. For purposes of this subsection (a)(i), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. A JADU or ADU with less than 500 square feet of int erior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
iii. Any impact fee that is required for an ADU that is 750 square feet of interior livable space or larger in area must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).
b. Utility Fees and Connections
i. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. ii. With exception to Sec. 830.A.7.b.1. Utility Fees and Connections, above, converted ADUs on a single -family lot that are created under Sec. 830.A.4.a.1. Interior ADU on a Single -Unit Lot are not required to have a new or separate utility connection directly between the ADU and the utility.
Nor is a connection fee or capacity charge required.
iii. With exception to Sec. 830.A.7.b.1. Utility Fees and Connections, all ADUs that are not covered by Sec. 830.A.7.b.2. Utility Fee s and Connections require a new, separate utility connection directly between the ADU and the utility.
1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage - fixture units values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
2. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
8. Nonconforming Code Conditions, Violations, and Permitted Structures Draft PC Resolution No. 25-020
Accessory Dwelling Unit Ordinance
CODE-000690-2025
a. General. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the pu blic health and safety and that is not affected by the construction of the ADU or JADU.
b. Unpermitted ADUs constructed before 2018
i. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that w as constructed before January 1, 2018, if denial is based on either of the following grounds:
1. The ADU violates applicable building standards; or
2. The ADU does not comply with the California Government Code 830.A. Accessory Dwelling Units.
ii. Exceptions
1. Notwithstanding Sec. 830.A.8.b.1. Permit to Legalize, above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the he alth and safety of the public or of occupants of the structure.
2. Sec. 830.A.8.b.1. Permit to Legalize, above, does not apply to a building that is deemed to be substandard in accordance with the California Health and Safety Code (Sec. 17920.3.).
9. Discretionary Review. The following provisions only apply to ADUs that do not qualify for ministerial approval under Sec. 830.A.1. Purpose and Intent through Sec. 830.A.8.
Nonconforming Code Conditions, Violations, and Permitted Structures, above:
a. Major Certificate of Appropriateness. A Major Certificate of Appropriateness must be required for an ADU that is located on real property that is listed in the California Register of Historical Resources or real property designated as a local historic landmark or within a designated historic district in the following instances in Sec. 830.A.9.a.1. Type 1 – Building Permit Only through Sec. 830.A.9.a.2. Type 2 - Building Permit Only, below. Review under the Major Certificate of Appropriateness must be limited to architecture only.
i. Type 1 - Building Permit Only
1. The construction of a new Interior ADU on single -unit lot whose architectural design would have adverse impacts on any real property that is listed in the California Register of Historical Resources or real property designated as a local historic landmark or within a designated historic district.
2. The construction of any new Limited Detached ADU on single-unit lot.
3. The construction of any new Interior ADU on multi -unit lot whose architectural design would have adverse impacts on any real property that is listed in the California Register of Historical Resources.
4. The construction of any new Limited Detached ADU on Multi-unit Lot.
Draft PC Resolution No. 25-020
Accessory Dwelling Unit Ordinance
CODE-000690-2025
ii. Type 2 - Building Permit Only
1. The construction of any new Interior ADU with an expansion of any size.
2. The construction of any new Attached ADU.
3. The construction of any new Detached ADU.