Accessory DwellingUnit
UrgencyOrdinance
City Council
March 14, 2023
1 Accessory DwellingUnit
(ADU)
Attached or a detached
residential dwelling unit that is
no more than 1,200 square
feet that provides complete
independent living facilities is
located on a lot with a primary
residence.
2 Junior
Accessory
Dwelling Unit
(JADU)
A unit that is no more than 500 square feet in
size and contained entirely within a single-family
residence. A junior accessory dwelling unit may
include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
3 Background
Mar. 2020
Adoption of ADU
Urgency Ordinance
with local provisions
Aug. 2022
Legislature adopts
Accessory Dwelling Unit
bills
Sept. 2022
Governor signs legislation
Jan. 2023
Bills effective; local
agencies ADU Ordinances
void
4 StateBills
Assembly Bill 2221 –
Accessory Dwelling Units
Senate Bill 897 – Accessory
dwelling units: junior
accessory dwelling units
5 Required
Amendments
Processing,
Permitting &
Timeframes
Requires permitting agency to "approve or deny" an
ADU or JADU application within 60 days of the
application completeness determination.
If application denied, agency must provide a full set
of comments to the applicant with a list of items that
are deficient and a description of how the
application can be remedied.
If the applicant is also proposing a primary dwelling,
the agency is required to wait until that approval or
denial has been issued.
6 Required
Amendments
Processing,
Permitting &
Timeframes
City may not issue a certificate of occupancy for an
ADU before the local agency issues a certificate of
occupancy for the primary dwelling.
City cannot require the correction of nonconforming
conditions when a permit is proposed to convert a
structure (or part of a structure) into an ADU or
when ADU is proposed elsewhere on the property,
unless conditions pose a threat to public health.
Requires City to review and issue a demolition
permit for a detached garage that is to be replaced
by an ADU at the same time as it reviews and issues
the permit for the ADU.
7 Required
Amendments
Processing,
Permitting &
Timeframes
Cannot deny permit to legalize an unpermitted ADU
constructed before January 1, 2018, due to building
code violation, unless required to protect health and
safety.
Prohibits construction of an ADU from triggering a
requirement that fire sprinklers be installed in the
existing primary dwelling.
Fire sprinklers are not required for an ADU unless
required for the primary dwelling.
8 Required
Amendments
Development
Standards
Allows development in the front setback if it would
otherwise preclude development of an 800 sq ft ADU.
An ADU that is detached from the proposed or existing
single-family dwelling may include a detached garage.
Allows 18-foot ADU within ½ mile of transit, or high-
quality transit corridor.
Increases statewide allowable ADU height from 16 feet
to 18 feet on parcels with existing multi-family dwelling or multi-story structure.
An additional two feet (up to 18 feet) is permitted to
accommodate a roof pitch on an ADU that is aligned
with the roof pitch on the primary dwelling.
9 Required
Amendments
Development
Standards
Prohibits local agency from rejecting an application for an ADU because the existing multi-family dwelling exceeds
applicable height requirements or has a rear or side
setback of less than 4 feet.
Prohibits local agency from imposing any parking standards on an ADU that is included in an application to create a new single-family unit or a new multi-family dwelling on the same lot.
Specifies that enclosed uses within the proposed or
existing single-family dwelling, such as attached garages, are considered a part of the proposed or existing single- family dwelling.
10 Required
Amendments
Impact Fees &
Utilities
Impact fees shall not be imposed on an ADU less than 750 square feet in size.
Any impact fees charged on an ADU of 750 square feet or greater shall be charged proportionally in relation to the square footage of the primary dwelling.
Local agency, special district or water corporation shall not require the applicant to install a new or separate
utility connection, unless ADU is constructed with a new SFD.
11 Required
Amendments
Impact Fees &
Utilities
For a new proposed residence and new ADU, separate
connections may be required, and new connection fees
charged, but charges need to be proportional (based on
square feet or the number of its drainage fixture unit
(DFU) values), as defined in the Uniform Plumbing Code.
An ADU shall not be considered a new residential use for purposes of calculating connection fees or capacity
charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.
12 Local Amendments
Previously adopted by Council
• Limitations on size and height in hillside
and creekside areas
• Requirements for architectural
compatibility
• Historic PreservationDistricts
• Color; siding material and pattern;
architectural features, or survey
• Residential Neighborhoods
• Color; siding; or architectural
features
• Requirement for necessary right-of-
way dedicationwhen needed for
circulation
13 UrgencyOrdinance
• State statutes became effective and voided the City’s local ADU regulations • Statutes written without consideration of local standards • Local ADU regulations
o Hillside and Creekside areas
o Compatibility in Historic Preservation Districts and neighborhoods • Urgency ordinance incorporates language to comply with State law, and local provisions
o Effective immediately following adoption
14 UrgencyOrdinance
California Government Code, and Section 8 of City Charter allow an urgency ordinance for immediate preservation of public peace, health or safety Current and immediate threat to the public peace, health, and safety, because:
o Size, scale, and design of ADUs have the potential to:
o Be injurious to the rights of neighboring property owners o Cause incompatibilities with the City’s visual quality, neighborhood character o Compromising privacy
o Affect light and air
Action must be taken immediately because any application for an ADU consistent with State law will be deemed approved
15 California Environmental Quality Act
Proposed ordinance amendments are not subject to the provisions of the California Environmental Quality Act (CEQA)
Exempt from CEQA under statutory exemption 15282(h) to allow implementing regulations for accessory dwelling units consistent with Government Code Section 65852.2
16 Recommendation
It is recommended by the Planning and Economic
Development Department that the Council, by motion,
adopt an urgency ordinance amending City Code
Sections 20-42.130 to allow Accessory Dwelling Units
and Junior Accessory Dwelling Units in compliance with
State law.
17 Questions?
Amy Nicholson, Supervising Planner
Planning and Economic Development
100 Santa Rosa Avenue, Room 3
(707) 543-3258
[email protected]
18