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Chapter 16.86
ACCESSORY DWELLING UNITS
Sections:
16.86.010 Purpose and Applicability
16.86.020 Definitions
16.86.030 Application and Review Proceduresbility
16.86.040 State-Exempt ADU Standards Application and Review Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units
16.86.050 Non-Exempt ADU StandardsDevelopment/Design Standards
16.86.060 ParkingGeneral Standards and Requirements
16.86.070 JADU Standardsunior Accessory Dwelling Units
16.86.080 Applications to Permit Unpermitted UnitsOccupancy, Rental and Sale Limitations
16.86.090 Existing Accessory Dwelling Units and Junior Accessory Dwelling Units - Amnesty
16.86.010 Purpose and Applicability
A. The California Legislature has declared that accessory dwelling units are a valuable and essential component of California’s housing supply. The purpose of this chapter Section is: to implement Title 7, Chapter 13 incorporate Sections 65852.2 and 65852.22 of the California Government Code (Sections 66310 et.seq.) by establishing local regulations for requirements regarding accessory dwelling units (ADUs) and junior into the City’s regulations and design standards; to ensure that accessory dwelling units (JADUs).
In the case of conflict between the provisions of this Chapter and Title 7, Chapter 13 of the Government Code, the provisions of Title 7, Chapter 13 of the Government Code provisions shall prevail.
B. This Chapter applies to all lots with an existing or proposed single-family or multifamily dwelling in zones where residential use is permitted, either by right or through objective permitted use. that are located in residential districts are done in a manner which protects the integrity of the residential district and do not adversely impact either adjacent residential parcels or the surrounding neighborhood; while providing for needed housing opportunities. (Ord. 904, §1, 2021)
16.86.020 Definitions
For the purposed of this Chapter, the following definitions shall apply:
A. Accessory Dwelling Unit (ADU): An attached or detached residential dwelling unit, which that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. An ADU must It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An ADU also includes an on the same parcel as the single-family dwelling unit. An Accessory Dwelling Unit also includes the following as required by Government Code Section 65852.2:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code §17958.1 and a for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code §18007.
B. Accessory Structure: A structure that is accessory and incidental to a dwelling located on the same lot and is not designed to be a residential dwelling unit.
C. Attached Accessory Dwelling Unit: An ADU that shares a common foundation, roof, wall, floor, or ceiling with the primary unit, or has any structural materials shared with or that touch the primary dwelling.either by being constructed as a physical expansion (i.e., addition) of a primary unit, conversion Redline Version
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of existing garage attached to a primary unit, conversion of existing habitable floor space within the primary unit, or installation of a new basement underneath an existing primary unit.
DC. Conversion ADUar Share Vehicle: An ADU created completely within existing footprint of the legally constructed space of a dwelling or accessory structure, including garages, basements, storage rooms, or other habitable or non-habitable areas.A type of car rental where people rent cars for short periods of time, often by the hour, with a designated pick up and drop off location. The organization renting the cars may be a commercial business or the users may be organized as a company, public agency, cooperative, or ad hoc grouping. A Car Share Vehicle does not include automobile rentals on-site.
ED. Detached Accessory Dwelling Unit: An ADU that is constructed as a separate structure from the primary dwelling.unit, or is created through conversion (full or partial) of an existing legally-constructed detached accessory building, including a detached garage, into an accessory dwelling unit.
F. Efficiency Kitchen: A kitchen that includes each of the following: 1) a cooking facility with appliances; and 2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
G. Impact Fee: “Impact Fee” has the same meaning as “fee” in Gov. Code §66000 (b), including fees specified in §66477, but excluding connection fees or capacity charges.
HE.Junior Accessory Dwelling Unit (JADU): A unit that is no more than 500 square feet of interior livable space in size, and is contained entirely within the walls of a proposed or existing single-family residence which provides living facilities for one or more persons, including an Eefficiency Kkitchen, and is contained entirely within as defined in §65852.22 of the Government Code. Junior Accessory Dwelling Units are limited to one per residential lot zoned for single-family residences with a single-family residence.
A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. built, or proposed to be built, on the lot.
I. Livable Space: An interior space within a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
J. Multifamily Dwelling: A structure designed for human habitation containing two or more legally created independent living quarters that share a common wall and are located on a single lot.
KF.Non-Exempt ADUOwner Occupied: An ADU that does not meet the criteria stated in Government Code §66323, as it may be amended or recodified.unit occupied by a person who has an ownership interest in the unit and also occupies a unit on the property as their primary residence.
LG.Primary DwellingUnit: The building (or portion of the building in cases of an attached accessory dwelling unit) in which the principal residential building on a lot. use of the lot takes place. An accessory dwelling unit may not be considered cannot constitute the primary dwellingunit.
M.H. Single-Family Dwelling: A detached unit, townhouse, or other single unit providing complete, independent living facilities for one household, including provisions for living, sleeping, eating, cooking, and sanitation.Public Transit Stop: A signed and designated bus stop, train stop or other public transit station. (Ord. 904, §1, 2021)
N. State-Exempt ADU: An ADU that qualifies for ministerial approval under Gov. Code §66323.
16.86.030 Application and Review Proceduresbility
The provisions of this Chapter apply to all lots with a proposed or existing single-family or multifamily dwelling unit and are zoned residential, except that accessory dwelling units are not allowed in any Planned Development Overlay District. Accessory Dwelling Units shall not factor into the calculation of the density of the lot for the purposes of allowable density. The Accessory Dwelling Unit shall be a residential use that is deemed consistent with the existing General Plan and zoning designation for the lot. (Ord. 904, §1, 2021) Redline Version
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16.86.040 Application and Review Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units
A. Permit Requirementd: All ADUs and JADUs require and ADU or JADU An Accessory Dwelling Unit permit and a building permit are required for every Accessory Dwelling Unit, including Junior Accessory Dwelling Units (JADUs).
B. Application Submittalfor Permit: Applications shall be filed with the Planning Department and must include:
1. A completed ADU/JADU application form, which shall be promulgated by the City Planning Department, complete with all required attachments, exhibits, and application fees. The application for shall be signed by the property owner of record.
2. Project plans drawn to scale, showing all existing and proposed structures, improvements, materials, landscaping, and parking.for an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall be submitted to the Department of Planning and Economic Development accompanied by all required fees, project plans (drawn to scale) depicting all onsite improvements, the location of the primary residence and the proposed Unit. Applications must be signed by the owner of the property. The project plan shall also include location of existing trees and structures, architectural elevations showing the proposed Unit and its relation to the primary residence, a description of building materials, landscaping, exterior finishes to be used, parking to be provided and any other information required by the Department of Planning and Economic Development to determine whether the proposed Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit conforms with the requirements of this Chapter.
C. Ministerial Review and /Processing:
1. The City shall determine whether an application is complete within 15 business days of receipt by the City.
2. If the application is deemed to be incomplete, the City shall issue the applicant a set of written comments with a list of items that are defective or deficient, and a description of how the applicant can remedy those deficiencies.
a. Upon receipt of said comments, the applicant may cure the items deemed to be incomplete or deficient by the City. If the applicant fails to cure the items addressed in the City’s issued comments within 30 days of issuance, the application shall expire. b. Any resubmittal by an applicant that addresses the incomplete items in the City’s written comments shall be processed subject to the same timelines that would apply to an initial application submittal. c. An applicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission shall review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
3. If the application is determined to be complete, the City shall ministerially review and act on the complete application within 60 days of submittal. On lots with an existing single-family or multifamily dwelling, an application for an Accessory Dwelling Unit shall be approved ministerially within 60 days of submission of a complete application provided it is in compliance with all requirements of this Chapter.
Prior to issuance of a building permit for an Accessory Dwelling Unit, the Planning Director shall issue an “ADU/JADU Clearance Letter” which establishes that all applicable development standards of this Chapter are met.
D. Permit Expiration: ADU and JADU Permits issued pursuant to this Chapter shall expire and become void twelve (12) months after the effective date of approval if any of the following occur:
1. A standard requirement of approval has not been complied with;
2. A required building, electrical, plumbing, or a mechanical permit has either not been secured or has lapsed or become void; or
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ED.Payment of Impact and Utility Fees: Applicants shall pay all Any applicable impact and/or utility connection and capacity fees, including impact, utility connection, capacity, and school fees, unless otherwise required by State law. shall be paid at the time the building permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is issued. Any impact or utility connection or capacity fees for Accessory Dwelling Units shall be determined by the City Council and shall be approved and adjusted by Resolution. The fees applicable to Accessory Dwelling Units shall be determined by the following criteria.
1. Detached Units Under 750 Square Feet: The City shall not charge any impact fees for Accessory Dwelling Units less than 750 square feet in size. The City may charge connection and capacity fees for water and sewage connections for detached accessory units in proportion to their size relative to the square footage of the primary residence.
2. Attached Units: The City shall not impose any connection or capacity fees upon Accessory Dwelling Units or Junior Accessory Dwelling units constructed within an existing primary structure. However, the City may impose connection and capacity fees upon attached Accessory Dwelling Units constructed with a new single-family home.
3. Detached Units of 750 Square Feet and Greater:
The City shall impose impact fees upon detached Units of 750 square feet or more in proportion to their size relative to the square footage of the primary residence.
4. School Fees: Any Accessory Dwelling Unit greater than 500 square feet pursuant to Section 17620 of the Education Code shall pay school district impact fees as imposed by Ripon Unified School District. (Ord. 904, §1, 2021)
16.86.040 State-Exempt ADU Standards
The following standards shall apply to State-Exempt ADUs. Where a provision of this section conflicts with any other local standard, this section controls for qualifying State-Exempt ADUs.
A. Eligible ADU Types
Pursuant to Government Code §66323 and the provisions of this Chapter, the following types of State Exempt ADUs shall be approved ministerially, subject to the limitations specified below:
1. Single-Family Dwellings - One ADU and one JADU within Existing Structures One ADU and one JADU may be permitted on a lot with a single-family dwelling if the units meet the following requirements:
a. Location:
i. The unit is located within the space of the proposed or existing single-family dwelling; or ii. The ADU is located within the existing space of an accessory structure, plus up to 150 additional square feet if necessary for accommodating ingress and egress b. Access: The unit has independent exterior access from the proposed or existing single-family dwelling;
c. Setbacks: The unit has side and rear setbacks that are sufficient for fire safety; and d. Compliance: The JADU complies with all applicable provisions of State law.
2. Single-Family Dwellings – Detached New ADUs
A detached new construction ADU may be added to a lot with an existing or proposed single-family dwelling if all the following apply:
a. Setbacks: The side and rear setbacks are least four feet; b. Size: The floor area is 800 square feet of livable space or smaller; and c. Height: The height does not exceed the applicable height limits for Detached ADUs specified in this Chapter.
3. Multifamily Dwellings – Conversion ADUs
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a. At least one ADU shall be permitted within an existing multifamily dwelling, or a maximum of 25 percent of the existing dwelling units, whichever is greater.
4. Multifamily Dwellings – Detached ADUs
No more than two Detached ADUs may be permitted on a lot with a proposed multi-family dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each Detached ADU a. Complies with the height requirements specified in this Chapter; b. Has side and rear setbacks of at least four feet;
c. If the lot has an existing Multifamily dwelling, the quantity of Detached ADUs does not exceed the number of primary dwelling units on the lot.
16.86.050 Non-Exempt ADU Standards
The following requirements apply only to Non-Exempt ADUs:
A. Maximum Size:
1. The maximum size of an attached or Detached Non-Exempt ADU shall be as follows:
a. 850 square feet of interior livable space for a studio or one-bedroom ADU. b. 1000 square feet for ADUs with more than one bedroom.
2. Attached ADUs created on a lot with an existing primary dwelling shall be further limited to 50 percent of the floor area of the existing primary dwelling.
3. Other development standards in this Section 16.86.050 may be applied, as applicable, to further limit the size of a Non-Exempt ADU, but no such standards shall reduce the interior living space of the ADU to less than 800 square feet.
B. Setbacks
Non-Exempt ADUs shall observe the following setback requirements:
1. No setbacks shall be required for Conversion ADUs if the ADU is constructed in the same location and to the same dimensions as the preexisting structure.
2. Detached units shall comply with the following setbacks:
a. Front: Same as the primary dwelling, subject to the limitations of Section 16.86.050(A)(3), above. b. Side and Rear: four feet.
c. Newly constructed detached ADUs shall be set back a minimum of 6 feet from any other structure on the lot.
C. Design and Architectural Standards
1. The materials, colors, and siding types of the ADU shall match those of the primary dwelling.
2. The roof pitch must match that of the roof pitch of the largest portion of the roof of the primary dwelling.
3. Windows and doors shall match the type and materials of those of the primary dwelling. Windows and doors of the ADU shall not have a direct line of sight to an adjoining residential property. Conversion ADUs that do not include new exterior window installations shall be exempt from this requirement.
4. Exterior lighting shall be downward-directed and fully shielded so as not to produce glare, light trespass, or illumination onto adjacent properties.
D. Parking Requirements
1. Non-exempt ADUs shall provide at least one off-street parking space per ADU or per bedroom, whichever is less.
2. Parking must be located on-site and may include tandem spaces.
3. No off-street parking shall be required for an ADU if any of the following apply:
a. The ADU is located within one-half mile walking distance of public transit. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the ADU.
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e. The ADU is located within one block of a car-share vehicle.
E. Lot Coverage:
1. All Non-Exempt ADU floor areas count toward the lot coverage limits established in Chapter 16.16 of the Ripon Municipal Code, subject to the limitations of Section 16.86.050(A)(3), above.
Development/Design Standards
This Section provides for the establishment of Accessory Dwelling Units and Junior Accessory Dwelling Units permitted as set forth under Section 65852.150 and 6582.2 of the Government Code. All Accessory Dwelling Units shall comply with the following standards:
A. Number Allowed:
Only one (1) Accessory Dwelling Unit and one (1) Junior Accessory Dwelling Unit is permitted per lot that contains or is proposed to contain one (1) primary dwelling.
B. Size: The minimum size for an Accessory Dwelling Unit shall be no less than the square footage established for “efficiency units”. The maximum size of any Accessory Dwelling Unit, including conversions of accessory structures, shall not exceed eight-hundred fifty (850) square feet, or one thousand (1,000) square feet for an ADU providing more than one bedroom.
C. Number of Bathrooms: The maximum number of bathrooms of an Accessory Dwelling Unit shall not exceed one (1) bathroom.
D. Addressing: Accessory Dwelling Units and/or Junior Accessory Dwelling Units shall have the same address as the primary unit. Accessory Dwelling Units that have front access (non-alley) shall have a “B” suffix (i.e. 1241-B) and Accessory Dwelling Units that have rear (alley) access shall have an “A” suffix (i.e. 1241-A). Junior Accessory Dwelling Units shall have a “C” suffix (i.e. 1241-C). The resident owner shall install address signs that are clearly visible from the street during both daytime and evening hours and which plainly indicate that two or more separate units exist on the lot, as required by the Fire Marshal. The resident owner shall obtain the new street address for the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit from the Planning Department and shall obtain approval from the Fire Marshal for the placement of such new address markings.
E. Compliance with Standards and Codes: Except as otherwise set forth herein, Accessory Dwelling Units must comply with all requirements relating to architectural review, site plan review, fees and charges, and all applicable building, fire, health and safety codes and zoning standards that apply to the primary residence. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not or were not required of the primary residence.
F. Attached Accessory Dwelling Units: An Accessory Dwelling Unit that is attached to an existing primary dwelling may have side and rear setbacks of four (4) feet minimum. Accessory Dwelling Units created within an existing primary dwelling shall comply with all height, building coverage, yard areas, and setback requirements for the primary dwelling. The following provisions shall also apply to attached Accessory Dwelling Units:
1. Independent Access: Exterior access shall be provided independently from the primary dwelling for all Accessory Dwelling Units.
2. Unit Separation: Attached units and units that are within the primary dwelling may maintain an interior connection to the primary dwelling provided there is a fire-rated door separating the units that is lockable on both sides.
3. Expansion for Ingress and Egress: An expansion of an Accessory Dwelling Unit built within an existing primary dwelling shall be granted only if necessary to accommodate ingress and egress. Such an expansion shall not exceed 150 square feet.
G. Detached Accessory Dwelling Units: An Accessory Dwelling Unit that is constructed as a detached structure or created through the conversion of an existing accessory structure shall comply with the following provisions:
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1. Accessory Dwelling Units that are not conversions of existing structures may have Interior side (nonstreet side) and rear setbacks of four (4) feet minimum. All Accessory Dwelling Units shall have front setbacks that comply with the same standards that are applicable to the main unit. Side yard setbacks on the street-side of a corner lot shall also comply with the same standards that are applicable to the main unit.
Notwithstanding setbacks in Chapter 16.140.030, no setback shall be required for an existing garage or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit.
2. Detached Accessory Dwelling Units shall not exceed 16 feet in height as measured and defined under “Building Height” in Chapter 16.12 of this code and shall be limited to one-story, except that an existing 2nd story space (e.g. game room, office or storage space) may be converted to an Accessory Dwelling Unit so long as all other requirements of this chapter are met.
H. Accessory Dwelling Unit Design Standards:
1. Attached Unit: The design of an attached Accessory Dwelling Unit shall appear as an integral part of the primary dwelling and incorporate the same materials, colors and style as the exterior of the primary dwelling, including roof materials and pitch, eaves, windows, accents, distinctive features, and character defining elements.
2. Detached Unit: The design of a detached Accessory Dwelling Unit shall be subordinate to the primary dwelling in terms of massing, height and building footprint. The detached building shall exhibit residential character and complement the primary dwelling in terms of proportions, roof form, and basic architectural features.
3. Utilities: Unless constructed with a new single-family home, an attached Accessory Dwelling Unit shall not be required to have a separate utility connection between the Unit and the utility. Subject to his or her discretion, the Planning Director may require a new or separate water and sewage connection to a detached Accessory Dwelling Unit. All new utilities for detached Accessory Dwelling Units shall be installed underground. All utilities, including water, sewer, electric and gas, etc., shall be limited to one service. Noise generating equipment/devices (i.e., compressors, air conditioning units, etc.) shall not be located within the rear (excepting units on lots with alley access) or side yard adjacent to adjoining property line.
I. Non-conforming or substandard lots: For non-conforming or substandard lots, including, but not limited to “Flag Lots”, approval to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be contingent upon a finding by the Planning Director, the Chief of Police and the Ripon Consolidated Fire District Chief that sufficient access to the lot exists, and that construction of the proposed ADU or JADU in conjunction with the construction of a residential unit does not pose a fire or other public safety hazard. (Ord. 904, §1, 2021)
16.86.060 General Standards and Requirements
The following requirements apply to ADUs and JADUs, as specified below, which are approved pursuant to the provisions of this Chapter:
A. Number Permitted:
1. Except as otherwise specified in this Chapter, only one ADU and one JADU may be permitted per lot, regardless of zoning.
B. Eligible Locations
1. State-Exempt ADUs may be constructed on lots zoned for residential or mixed-use zones.
2. Non-Exempt ADUs may be constructed on lots zoned for single-family and multi-family residential uses.
3. JADUs may only be constructed on lots zoned for single-family dwellings.
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C. Minimum Size. The minimum floor area of any ADU or JADU shall meet the requirements of an efficiency unit, as defined in Health and Safety Code §17958.1.
D. Height Limits.
1. Except as provided by subsections (D)(1)(a) and (D)(1)(b) below, a detached ADU created on a lot with a proposed or existing primary dwelling shall not exceed 16 feet in height. a. A detached ADU may be constructed to a maximum of 18 feet in height if the proposed detached ADU is located within one half mile walking distance of a major transit stop or high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code b. An additional two feet in height shall be allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
2. For lots with an existing or proposed multistory multifamily dwelling, a detached ADU shall not exceed 18 feet in height.
3. Attached ADUs shall not exceed 25 feet in height, or the maximum height applicable to the primary dwelling, whichever is lower.
4. No ADU shall exceed two stories.
5. For purposes of this Section, height is defined as the vertical distance between the existing legal grade and the uppermost point of the roof of the structure directly above that legal grade.
E. Rental Term. ADUs and JADUs shall not be rented for fewer than 30 consecutive days.
F. Separate Conveyance Prohibition. ADUs and JADUs shall not be sold or conveyed separately from the primary dwelling, except as authorized by state law.
G. Rent Reporting. Property owners must submit an annual report, on City-provided forms, disclosing the monthly rent charged for any ADU or JADU on the property.
H. Impact and School Fees
The following fees shall apply to all ADUs and JADUs that are approved pursuant to the terms of this Chapter:
1. No impact fees shall be required for any JADU or for an ADU that has less than 750 square feet of interior livable space.
2. ADUs with 750 square feet or more of interior livable space shall be charged impact fees proportionately in relation to the square footage of the primary dwelling unit.
3. ADUs larger than 500 sq. ft. are subject to applicable school district impact fees prior to certificate of occupancy.
I. Utility Connections and Fees
1. Except those units described in Section 16.86.040(A)(1), all ADUs shall establish a separate connection between the ADU and the utility. The Planning Director or the City Engineer may, at his or her discretion, waive the requirement for a new water and sewer connection. All new utilities shall be installed underground.
2. Each ADU or JADU shall have its own electric and/or gas meter and shall have separate garbage service.
3. All City utility accounts, including water, sewer, and garbage, shall be maintained in the property owner’s name. Monthly sewer charges shall reflect the total number of units on the property.
4. Any utility connections required by this subsection shall be subject to connection fees and capacity charges that are proportionate to the burden of the ADU, which shall be determined based upon the square footage of the ADU.
J. Building and Fire Codes
1. All ADUs and JADUs shall comply with all applicable building and fire code requirements, including, but not limited to, Title 15 of the Ripon Municipal Code.
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2. Construction of an ADU does not constitute a Group R occupancy change under the City Building Code, as described in Section 310 of the California Building Code, unless the Building Official or a city code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Chapter.
K. Nonconforming Zoning Conditions, Building Code Violations, and Substandard Lots
1. Applications for ADUs and JADUs shall not be denied due to nonconforming zoning conditions.
2. Applications for ADUs or JADUs on non-conforming or substandard lots, or lots with buildings with preexisting Building Code violations shall require written findings from the Planning Director, Chief of Police, and Ripon Consolidated Fire District Chief that:
a. Adequate access exists for emergency and service vehicles. b. The proposed ADU or JADU, and any nonconforming zoning conditions, building code violations, or unpermitted structures present on the lot do not present a public health or safety hazard.
L. Fire Sprinklers
1. Fire sprinklers shall be required for any ADU or JADU if sprinklers are required in the primary residence.
Parking Standards
The parking requirement for an Accessory Dwelling Unit shall be one off-street parking space per unit.
This space shall comply with all requirements set forth in Chapter 16.144 Parking and Loading.
Notwithstanding Chapter 16.144, this space may be provided as tandem parking, including on an existing driveway or in a side or rear yard area, unless specific findings are made by the Community Development Director that parking in setback areas or tandem parking is not feasible based upon fire and life safety conditions.
A. Exceptions: Notwithstanding the parking requirement in this section, no off-street parking shall be required for an Accessory Dwelling Unit in any of the following instances:
1. The Accessory Dwelling Unit is within an existing primary dwelling or an existing accessory structure.
2. The Accessory Dwelling Unit is located within one-half (½) mile of a public transit stop or station.
3. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district.
4. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit.
5. When there is a “Car Share Vehicle” located within one (1) block of the Accessory Dwelling Unit.
6. When a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an Accessory Dwelling Unit, but not a Junior Accessory Dwelling Unit. (Ord. 904, §1, 2021)
16.86.070 Junior Accessory Dwelling Units Standards
A. General All the requirements: under this chapter apply equally to Junior Accessory Dwelling Units as defined in section 16.86.020 of this chapter, unless stated otherwise in this section.
1. JADUs shall have exterior access separate and independent from the primary dwelling.
2. JADUs that share sanitation facilities with the primary dwelling shall include an interior entrance to the main living area of the primary dwelling in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
B. Lot Coverage:
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1. JADUs shall not be subject to lot coverage, floor area ratio, or open space standards that would preclude their construction.
C. Parking: No additional parking is required for a JADU, regardless of size or location.
D. Fees: No Impact Fees, Connection and Capacity Fees, or School Fees shall be imposed on JADUs.
E. Owner-Occupancy Requirement:
1. The property owner must occupy the primary dwelling or the JADU only if the JADU shares sanitation facilities with the primary dwelling, except where prohibited by state law. If the JADU has separate, selfcontained sanitation facilities, there shall be no owner-occupancy requirement.
2. Enforcement: Compliance with this section shall be verified through permit conditions and, if necessary, the City may enforce violations through revocation of JADU authorization or other legal remedies consistent with state law.
F. Deed Restriction
1. If the JADU is subject to an owner-occupancy requirement, the property owner shall record a deed restriction with the San Joaquin County Recorder’s Office, in a form approved by the City Attorney, specifying the owner-occupancy requirement, the prohibition of separate sale of the JADU, the restrictions on the size and attributes of the JADU, and any other applicable limitations.
B. JADUs shall be created within the walls of the proposed or existing single-family residence, including attached garages. JADUs created in an attached garage are not subject to the same parking protections as ADUs defined in section 16.86.060 of this code. Any JADU proposed within a garage shall be required to provide covered replacement parking as approved by the Planning Director.
C. JADUs are not allowed in accessory structures. The creation of a JADU must be within the singlefamily residence.
D. The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet.
E. No additional parking is required for a junior accessory dwelling unit, except if you convert your attached garage, in which case parking must be replaced.
F. All junior accessory dwelling units shall include, at a minimum, an “Efficiency Kitchen” as defined in §65852.22 of the Government Code and living area. It may include separate sanitation facilities or may share sanitation facilities with the existing structure. Exterior access for a JADU is required from the proposed or existing single-family dwelling. (Ord. 904, §1, 2021)
16.86.080 Applications to Permit Unpermitted Units
A. As required by State law, the City shall not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020 due to either of the following:
1. The ADU or JADU is in violation of applicable building standards, or
2. The ADU or JADU does not comply with State ADU or JADU law, or the provisions of this Chapter.
B. Eligibility: To qualify for the ADU Amnesty Program, the applicant must demonstrate:
1. The ADU was constructed prior to January 1, 2020.
2. Sufficient documentation verifying the date of construction, including, but not limited to, utility records, affidavits, and construction records.
3. The ADU meets, or can be modified to meet, current health and safety standards as determined by the Building Official.
C. Application Denial.
1. The City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
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354-1 (4/21)
2. Any application to permit an existing but unpermitted ADU or JADU that is deemed substandard pursuant to California Health and Safety Code Section 17920.3 shall be denied.
D. Application and Review Process:
1. Application Submission: A complete ADU Amnesty Application, signed by the property owner, must be filed with the Building Department, including:
a. Proof of construction date;
b. A site plan and floor plan of the ADU or JADU; and
c. A description of current conditions.
2. Inspection: Upon receipt of a completed application, the Building Department shall inspect the ADU or JADU to determine compliance with applicable health and safety standards.
3. Correction Plan: If deficiencies are identified, the Building Official shall provide the applicant with a correction list. The applicant shall be given ninety (90) days to make necessary improvements to meet health and safety standards.
4. Final Approval: Once corrections are satisfactorily completed, the Building Official shall issue an ADU or JADU permit to the applicant.
E. Relief from Penalties: No administrative fines, penalties, or enforcement actions shall be imposed against property owners who voluntarily apply for permits pursuant to the provisions of this Section.
Occupancy, Rental and Sale Limitations
Before issuing a building permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit the property owner shall file with the San Joaquin County Recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:
A. For an accessory dwelling unit:
1. The Accessory Dwelling Unit shall not be sold separately from the primary dwelling; and
2. The Accessory Dwelling Unit shall not be rented for a period of less than thirty (30) days; and
3. Starting January 1, 2025, for all Accessory Dwelling Units constructed after that date, the property owner shall occupy either the primary residential unit or the Accessory Dwelling Unit on the property. If neither unit is owner-occupied, then the use of the property shall revert to a single-family occupancy.
However, governmental agencies, land trusts, or housing corporations owning properties shall be exempt from this owner-occupancy requirement; and
a. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. This owner-occupancy requirement may be temporarily waived for a period of not more than one (1) year if the Planning Commission finds that the owner has an unavoidable reason for absence and if the owner appoints in writing another person to occupy and take responsibility for maintaining the property. All properties approved for Accessory Dwelling Units and Junior Accessory Dwelling Units must be maintained at a level consistent with the neighborhood in which it is located.
4. Prior to obtaining a building permit for an accessory dwelling unit, the property owner shall file with the San Joaquin County Recorder a Deed Restriction which has been approved by the City Attorney as to its form and content. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property.
B. For a Junior Accessory Dwelling Unit:
1. The Junior Accessory Dwelling Unit shall not be sold separately from the primary dwelling; and
2. The Junior Accessory Dwelling Unit shall not be rented for a period of less than thirty (30) days; and
3. The Junior Accessory Dwelling Unit is restricted to the maximum size allowed per the development standards established in this chapter; and
Redline Version
354-1 (4/21)
4. The property owner shall occupy either the primary residential unit or the Junior Accessory Dwelling Unit. If neither unit is owner-occupied, then the use of the property shall revert to a single-family occupancy. However, governmental agencies, land trusts, or housing corporations owning properties shall be exempt from this owner-occupancy requirement; and a. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. This owner-occupancy requirement may be temporarily waived for a period of not more than one (1) year if the Planning Commission finds that the owner has an unavoidable reason for absence and if the owner appoints in writing another person to occupy and take responsibility for maintaining the property. All properties approved for Accessory Dwelling Units and Junior Accessory Dwelling Units must be maintained at a level consistent with the neighborhood in which it is located.
5. Prior to obtaining a building permit for a junior accessory dwelling unit, the property owner shall file with the San Joaquin County Recorder a Deed Restriction which has been approved by the City Attorney as to its form and content. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property. (Ord. 904, §1, 2021)
16.86.090 Existing Accessory or Junior Accessory Dwelling Units - Amnesty A. Nonconforming Status: An existing Accessory Dwelling Unit or Junior Accessory Dwelling Unit that does not comply with the requirements of this Chapter shall be considered a nonconforming unit. If a property owner wishes to alter an existing nonconforming unit, the requirements of this Chapter shall apply to the proposed alteration.
B. Certificate of Legalization: Record owners of an Accessory Dwelling Unit constructed before the effective date of this Chapter, who wish to legalize said units without penalty, may obtain a certificate of legalization from the Building Official by complying with the following:
1. Provide evidence to the satisfaction of the Building Official that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit was constructed prior to the effective date of this Chapter.
2. Provide a plan of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit showing it does not exceed the maximum size allowed by this Chapter.
3. Provide the Building Official with a property inspection report for the Accessory Dwelling Unit from a licensed contractor, or property inspector, which report shall be subject to verification and requirements for correction of any code violations by the Department of Planning and Economic Development and/or Building Department.
4. Correct any health and safety defects in construction and comply with all applicable building, fire, health and safety codes and zoning standards in effect at the time of original construction of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit to the satisfaction of the Building Official.
5. Pay all required fees. (Ord. 904, §1, 2021)