Agenda, regular meeting — Sonoma City Council, September 16, 2026 (part 2 of 2)

Sonoma County Hazard Mitigation Plan
City of Sonoma 10-71
Action 2026-SonomaCity-18. Aquifer Storage and Recovery Lead Agency: City of Sonoma Public Works
Supporting Agencies: SCWA, GSA
Hazard(s) of Concern: Drought, Wildfire
Description of the Problem: The City is experiences aquifer depletion and reduced local production capacity (independent of Sonoma Water/wholesale aqueduct).

Description of the Solution: Utilize 2017 ASR feasibility study to determine and prioritize potential projects for ASR groundwater banking.

Recharge depleted aquifer with potable water during wet season for recovery during dry season.

Estimated Cost: High
Potential Funding Sources: City General Fund, FEMA HMA
Implementation Timeline: 1-5 years
Objectives Met: 2,6,10
Benefits: Recovery of potable water when it is plentiful results in increased aquifer yields.

Impact on Socially Vulnerable
Populations:

Potentially provides additional groundwater during drought conditions.

Impact on Future Development: Potential positive impacts on development from increased water supply.

Impact on Critical
Facilities/Lifelines:

Potentially increases lifespan of water production wells.

Impact on Capabilities: Strengthens regional water management.

Climate Change Considerations: Proactive planning as groundwater levels continue to change.

Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-72
Action 2026-SonomaCity-19. Well Retrofitting
Lead Agency: City of Sonoma Public Works
Supporting Agencies: SCWA
Hazard(s) of Concern: Drought, Earthquake, Wildfire
Description of the Problem: The City's wells are aging and with changing hazard risks there is a need for thorough assessment.

Description of the Solution: Complete mitigatory well rehabilitation projects including drilling, casing, seals, motors, site controls, backup power, alternative and redundant treatment methods.

Assess water storage capacities and vulnerabilities related to seismic, wildfire, and drought needs. Provide rehabilitation and permanent back up power at well facilities as needed.

Estimated Cost: High
Potential Funding Sources: City General Fund, FEMA HMA
Implementation Timeline: 1-5 years
Objectives Met: 3,6,10,12,13
Benefits: Recovery or production well rehabilitation retains current capacity and can potentially increase storage abilities.

Impact on Socially Vulnerable
Populations:

Potentially provides additional groundwater during drought conditions.

Impact on Future Development: Potential positive impacts on development from increased water supply.

Impact on Critical
Facilities/Lifelines:

Increases lifespan of water production wells.

Impact on Capabilities: Strengthens regional water management and reduces costs from future damage.

Climate Change Considerations: Proactive planning for groundwater storage as water levels change.

Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-73
Action 2026-SonomaCity-20. Retrofit Thornsberry Tank
Lead Agency: City of Sonoma Public Works
Supporting Agencies: -
Hazard(s) of Concern: Landslide
Description of the Problem: If land movement severs line to Thornsberry Tank, likely severe damage to hillside and water outage to residents in Zone 2 (which is in a high fire hazard area).

Description of the Solution: Complete mitigatory retrofitting repairs including supply line redundancies and emergency interconnects, upgrades to flexible joints and other items that ensure structural integrity and flexibility to account for land movements.

Provide alternative or redundant supply lines, and emergency interconnects to decrease Thornsberry Tank supply main landslide hazard, and/or retrofit with flexible joints or restraints to protect line in event of landslide. Add VFD pump controls at Thornsberry Pump Station.

Estimated Cost: Medium
Potential Funding Sources: Water Enterprise Fund, FEMA HMA Implementation Timeline: 1-5 years
Objectives Met: 3,13
Benefits: Reduces the risk of a loss of a water source and reduces risk of significant damage resulting from loss of tank and infrastructure.

Impact on Socially Vulnerable
Populations:

Provides additional reliability for existing drinking water supply Impact on Future Development: N/A
Impact on Critical
Facilities/Lifelines:

N/A
Impact on Capabilities: Reduces risk of catastrophic landslide damage.

Climate Change Considerations: Accounts for changing risk of landslide and/or earth movement.

Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection Priority High
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-74
Action 2026-SonomaCity-21. Facilities Functionality Assessment Lead Agency: City of Sonoma Building Division
Supporting Agencies: Division of Emergency Preparedness Hazard(s) of Concern: Drought, Earthquake, Extreme Cold, Extreme Heat, Extreme Wind, Flood, Landslide, Wildfire
Description of the Problem: City facilities currently have functional vulnerabilities that could lead to loss of staff capabilities in the event of a large scale disaster, power outage, etc.

Description of the Solution: Complete a facilities assessment to identify vulnerabilities and prioritize projects that will ensure City capabilities remain uninterrupted during events.

Conduct comprehensive programs to identify and mitigate problems with facility contents, architectural components, and equipment that will prevent critical buildings from being functional after major natural disasters. Such contents and equipment includes computers and servers, phones, files, and other tools used by staff to conduct daily business.

Upgrade to remote facility access via key cards with one-time remote authorizations, upgrade phone and internet network infrastructure and backups to ensure continuity during high system traffic or downed services.

Estimated Cost: Medium
Potential Funding Sources: City General Fund, HMGP, PDM, FMA Implementation Timeline: 1-5 years
Objectives Met: 5,6
Benefits: Increases ability to maintain facility operations, maintain contact to orchestrate necessary tasks, and access resources during a hazardous event. Reduces the risk of injury to a city worker who may otherwise have to encounter hazards to access a facility.

Impact on Socially Vulnerable
Populations:

Ensures City's ability to provide notifications, resources, and services to socially vulnerable populations at all times.

Impact on Future Development: N/A
Impact on Critical
Facilities/Lifelines:

Ensures functionality of all City buildings including those serving as critical lifelines.

Impact on Capabilities: Increases ability to maintain facility operations, maintain contact to orchestrate necessary tasks, and access resources during a hazardous event.

Climate Change Considerations: N/A
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-75
Action 2026-SonomaCity-22. Planning Integration
Lead Agency: City of Sonoma Public Works
Supporting Agencies: -
Hazard(s) of Concern: Drought, Earthquake, Extreme Cold, Extreme Heat, Flood, Landslide, Wildfire
Description of the Problem: Various planning documents and codes lack overall cohesion.

Description of the Solution: Integrate items included in this Annex into other City plans, codes, and action plans.

Integrate the hazard mitigation plan into other plans, ordinances and programs that dictate land use decisions in the community, including the City’s General Plan, Development Code, Urban Water Management Plan, Risk and Resilience Assessment and Emergency Response Plan, Sonoma Water’s Water Supply Strategies Action Plan, Greenhouse Gas Emissions Reduction Action Plan, Climate Action Plan, Capital Improvement Program and Flood Damage Prevention Regulations.

Estimated Cost: Low
Potential Funding Sources: City General Fund
Implementation Timeline: 1-5 years
Objectives Met: 1,2,4,6,9,12
Benefits: Ensures continuity of government, improves overall understanding of planning priorities and objectives, and increases likelihood of successful implementation of actions.

Impact on Socially Vulnerable
Populations:

Better City government functioning improves lives of all residents.

Impact on Future Development: N/A
Impact on Critical
Facilities/Lifelines:

Ensures a well-functioning City government that can oversee all critical functions.

Impact on Capabilities: Addresses capability challenges ahead of time and mitigates risk of interruption.

Climate Change Considerations: N/A
Mitigation Category Local Plans and Regulations
CRS Category Public Information
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-76
Action 2026-SonomaCity-23. NFIP Compliance
Lead Agency: City of Sonoma Community Development
Supporting Agencies: -
Hazard(s) of Concern: Flood, Landslide
Description of the Problem: Residential structures located within the 100 year flood plain.

Description of the Solution: As these homes are modified or mobile homes replaced, staff need to follow NFIP to limit impacts from future flooding.

Continue to maintain good standing and compliance under the NFIP through implementation of floodplain management programs that, at a minimum, meet the NFIP requirements:
*Enforce the flood damage prevention ordinance.
* Participate in floodplain identification and mapping updates. * Provide public assistance/information on floodplain requirements and impacts.

Estimated Cost: Low
Potential Funding Sources: FEMA HMA, General Funds, Staff Time Implementation Timeline: 1-5 years
Objectives Met: 1,2,4,8,10,11,12,13
Benefits: Limits impacts from flooding.

Impact on Socially Vulnerable
Populations:

Will protect many of our mobile homes that house people over 65 and lower income residents in our community which have limited resources.

Impact on Future Development: Future development must account for and mitigate risk of changing flood maps.

Impact on Critical
Facilities/Lifelines:

Ensures mitigatory steps are taken to provide consistent access to lifelines.

Impact on Capabilities: Mitigating risk ensures City operates at full capability at all times.

Climate Change Considerations: Accounts for changing risk of flood in the City.

Mitigation Category Local Plans and Regulations, Structure and Infrastructure Projects, Education and Awareness Programs
CRS Category Public Information, Preventative Measures
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-77
Action 2026-SonomaCity-24. Historic Resource Ordinance
Lead Agency: City of Sonoma City Manager
Supporting Agencies: Building Division
Hazard(s) of Concern: Earthquake, Flood, Landslide, Wildfire Description of the Problem: Historic resources are an economic and cultural value to the City and when damaged the City does not want them demolished but rather repaired.

Description of the Solution: Develop an ordinance and process to follow for effected historic resources in the City.

Establish preservation-sensitive measures for the repair and re-occupancy of historically significant privately owned structures, including requirements for temporary shoring or stabilization where needed, arrangements for consulting with preservationists, and expedited permit procedures for suitable repair or rebuilding of historically or architecturally valuable structures. Engage consulting services as needed to support activities related to building codes.

Estimated Cost: Medium
Potential Funding Sources: HMGP, PDM, Staff Time, General Funds Implementation Timeline: 1-5 years
Objectives Met: 1,2,4,12
Benefits: Creates guidance and streamlines process for impacted historic resources to be put back into service.

Impact on Socially Vulnerable
Populations:

Will include historically significant buildings in underserved communities will be preserved.

Impact on Future Development: N/A
Impact on Critical
Facilities/Lifelines:

N/A
Impact on Capabilities: N/A
Climate Change Considerations: Accounts for changing hazard risks in the City.

Mitigation Category Local Plans and Regulations
CRS Category Public Information
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-78
Action 2026-SonomaCity-25. Fire Safety Inspections
Lead Agency: City of Sonoma Building Division
Supporting Agencies: Fire Deparment
Hazard(s) of Concern: Earthquake, Wildfire
Description of the Problem: Existing multifamily buildings are not built to current fire code requirements.

Description of the Solution: Periodic inspections ensure the smoke detectors, fire, sprinklers, etc. are in working order.

Conduct periodic fire-safety inspections of all multifamily buildings, as required by State law.

Estimated Cost: Low
Potential Funding Sources: City General Fund
Implementation Timeline: 1-5 years
Objectives Met: 2,3,4,8,11,12,13
Benefits: Ensures safety of housing.

Impact on Socially Vulnerable
Populations:

Provides homeowners in underserved communities peace of mind regarding the safety of their housing.

Impact on Future Development: Creates a culture of fire preparedness among housing developers and multifamily housing unit owners.

Impact on Critical
Facilities/Lifelines:

N/A
Impact on Capabilities: Decreases risk of multifamily units causing or exacerbating the scale of future wildfires.

Climate Change Considerations: Accounts for changing locations have high fire risk.

Mitigation Category Local Plans and Regulations, Education and Awareness Programs CRS Category Preventative Measures, Emergency Services
Priority High
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-79
Action 2026-SonomaCity-26. HMP Maintenance
Lead Agency: City of Sonoma Public Works
Supporting Agencies: -
Hazard(s) of Concern: Drought, Earthquake, Extreme Cold, Extreme Heat, Extreme Wind, Flood, Landslide, Wildfire
Description of the Problem: Changing risks require continuous evaluation and mitigation efforts.

Description of the Solution: Actively participate in the plan maintenance protocols outlined in Volume 1 of this hazard mitigation plan.

Estimated Cost: Low
Potential Funding Sources: City General Fund
Implementation Timeline: 1-5 years
Objectives Met: 1,2,3,4,5,6,7,8,9,10,11,12,13
Benefits: Improves City capabilities to respond to and recover from disasters.

Impact on Socially Vulnerable
Populations:

Positively impacts all residents through reduced disaster risk and improved City planning and response.

Impact on Future Development: Improved mitigation strategies provide bedrock for responsible future development.

Impact on Critical
Facilities/Lifelines:

Positive impact on critical facilities and lifelines through assessment of and improvements to City buildings, infrastructure, and functionality.

Impact on Capabilities: Mitigating risk ensures City operates at full capability at all times.

Climate Change Considerations: N/A
Mitigation Category Local Plans and Regulation
CRS Category Public Information
Priority High
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-80
Action 2026-SonomaCity-27. Data Collection and Analysis Lead Agency: City of Sonoma Public Works
Supporting Agencies: -
Hazard(s) of Concern: Drought, Earthquake, Extreme Cold, Extreme Heat, Extreme Wind, Flood, Landslide, Wildfire
Description of the Problem: Details that document significant events (e.g., high water marks, preliminary damage estimates, damage photos, etc.) need to be captured to support future mitigation efforts.

Description of the Solution: Implement a plan that facilitates the documentation of significant events.

Develop and implement a program to capture and maintain data after significant events —including flooding, earthquakes, wildfire, high wind events, and periods of extreme heat or cold. This may include high water marks, damage photos, debris mapping, utility disruption reports, heatrelated health impacts, and preliminary damage estimates. The data collected will support post-incident evaluations and guide future mitigation efforts, updates to the Emergency Operations Plan, and the maintenance of the Hazard Mitigation Plan.

Estimated Cost: Low
Potential Funding Sources: City General Fund
Implementation Timeline: 1-5 years
Objectives Met: 6,8,10,13
Benefits: Improves understanding of risk and ways to mitigate those risks. Improves response and recovery planning.

Impact on Socially Vulnerable
Populations:

Understanding risk specifically in areas where socially vulnerable populations reside, travel, and access services ensures consideration in planning processes.

Impact on Future Development: Documenting high water marks, damage photos, and utility disruptions after significant events enables planners and developers to make informed decisions that reduce future risk and guide resilient infrastructure design.

Impact on Critical
Facilities/Lifelines:

Continuous documentation of events ensures understanding of changes to risk level at critical facilities and lifelines.

Impact on Capabilities: Ensures continuity of capability levels through risk assessment and mitigation.

Climate Change Considerations: As climate change drives more frequent, severe, and unpredictable hazard events—such as extreme heat waves, intense storms, high wind events, and shifting flood patterns—systematic data collection becomes essential for understanding evolving risks. This action helps the City adapt by capturing localized impacts and trends over time, enabling more responsive and forward-looking mitigation strategies.

Mitigation Category Local Plans and Regulations
CRS Category Preventative Measures, Emergency Services
Priority High
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-81
Action 2026-SonomaCity-28. Hazard Notification System
Lead Agency: City of Sonoma Public Works
Supporting Agencies: County PIO, Sonoma Sheriff
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Landslide Description of the Problem: Limited local notification capabilities result in vehicles and residents entering dangerous areas during floods, landslides, downed trees or power lines from extreme wind events, and post-earthquake disruptions.

Description of the Solution: Develop a comprehensive road closure and hazard notification system to inform the public in real-time about road conditions and closures. Partner with navigation platforms and disseminate alerts via text messages, apps, and local communication channels.

Develop an app or SMS-based alert system outside of the Nixle Alert system; partner with navigation providers to flag hazardous road segments.

Estimated Cost: Medium
Potential Funding Sources: FEMA HMGP, Cal OES Grants, City General Fund Implementation Timeline: 1-5 years
Objectives Met: 5,8,10,13
Benefits: Reduces exposure to hazardous road conditions during multiple types of emergencies.

Impact on Socially Vulnerable
Populations:

Improves access to timely, easy-to-understand hazard information for residents who may not use traditional emergency alert systems or social media. Helps protect unhoused individuals, non-English speakers, and those with limited mobility from unintentionally entering dangerous areas during emergencies.

Impact on Future Development: Improves transportation safety planning and public alert systems.

Impact on Critical
Facilities/Lifelines:

Supports the protection and effective use of transportation corridors, emergency access routes, and utility response routes during multi-hazard events. Helps reduce risk to lifeline infrastructure from secondary impacts such as traffic accidents in hazard zones.

Impact on Capabilities: Expands the City’s communication toolkit beyond traditional emergency systems (like Nixle or IPAWS). Improves the timeliness and specificity of public safety messaging and enhances coordination with public works and emergency response teams to manage dynamic hazard conditions.

Climate Change Considerations: Addresses more frequent and severe storm events increasing road hazards.

Mitigation Category Local Plans and Regulations, Education and Awareness Programs CRS Category Public Information, Emergency Services
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-82
Action 2026-SonomaCity-29. Rain Barrels and Graywater Systems Lead Agency: City of Sonoma Public Works
Supporting Agencies: Sonoma Ecology Center, Sonoma-Marin Water Saving Partnership, Sonoma Water
Hazard(s) of Concern: Drought
Description of the Problem: Limited adoption of rainwater and graywater systems hinders water conservation efforts.

Description of the Solution: Provide incentives or subsidies for the installation of rain barrels and graywater systems for residential and commercial properties.

Implement program to provide rebates for rain barrels and graywater systems; provide installation workshops.

Estimated Cost: Medium
Potential Funding Sources: State water conservation grants, City rebate programs Implementation Timeline: 1-5 years
Objectives Met: 1,4,9,13
Benefits: Increases water conservation and reduces demand on municipal water supplies.

Impact on Socially Vulnerable
Populations:

Reduces water costs for households with limited income by promoting water reuse and conservation. Workshops and rebates make these systems more accessible to residents who might otherwise be unable to afford or install them.

Impact on Future Development: Encourages residential water conservation retrofits.

Impact on Critical
Facilities/Lifelines:

Reduces pressure on the municipal water system during drought conditions and supports sustainable water use across neighborhoods, including near critical infrastructure.

Impact on Capabilities: Builds community-level resilience to drought by decentralizing water conservation efforts. Enhances public awareness and supports broader sustainability education initiatives.

Climate Change Considerations: Prepares community for drier conditions.

Mitigation Category Local Plans and Regulations, Education and Awareness Programs CRS Category Public Information
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-83
Action 2026-SonomaCity-30. Permeable Surfaces and Water Retention Lead Agency: City of Sonoma Public Works
Supporting Agencies: -
Hazard(s) of Concern: Drought, Flood
Description of the Problem: Impervious surfaces reduce groundwater recharge and exacerbate drought and flood risks.

Description of the Solution: Increase the use of permeable surfaces and install water retention features in public landscaping and infrastructure.

Install permeable pavement in public spaces; amend ordinances to incentivize permeable landscaping.

Estimated Cost: Medium
Potential Funding Sources: Stormwater utility fees, grants, City General Fund Implementation Timeline: 1-5 years
Objectives Met: 1,4,9,13
Benefits: Reduces runoff, mitigates flood risk, improves groundwater recharge.

Impact on Socially Vulnerable
Populations:

Improves stormwater management and reduces localized flooding in areas where drainage infrastructure may be outdated or under-resourced, which often includes underserved neighborhoods.

Impact on Future Development: Promotes low-impact development (LID) principles.

Impact on Critical
Facilities/Lifelines:

Improves stormwater system performance near roads, utility corridors, and public buildings, reducing the likelihood of infrastructure disruption during heavy rain events.

Impact on Capabilities: Supports climate adaptation through low-impact development strategies.

Enhances planning and public works departments’ ability to meet environmental and flood mitigation goals.

Climate Change Considerations: Helps address higher storm intensities and prolonged droughts.

Mitigation Category Local Plans and Regulations, Natural Systems Protection CRS Category Preventative Measures
Priority High
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-84
Action 2026-SonomaCity-31. Lawn Replacement
Lead Agency: City of Sonoma Public Works
Supporting Agencies: SVFD, Sonoma Ecology Center, Sonoma-Marin Water Saving Partnership, Sonoma Water
Hazard(s) of Concern: Drought, Wildfire
Description of the Problem: Traditional landscaping contributes to excessive water use and wildfire risk.

Description of the Solution: Create and promote a lawn replacement program emphasizing droughttolerant and Firewise landscaping.

Continue city-funded rebate program for lawn conversion; promote Firewise landscaping workshops.

Estimated Cost: Medium
Potential Funding Sources: CalFire Fire Prevention Grants, City water conservation programs Implementation Timeline: 1-5 years
Objectives Met: 1,4,9,13
Benefits: Reduces water use and wildfire vulnerability.

Impact on Socially Vulnerable
Populations:

Provides access to drought-tolerant and fire-adapted landscaping options for homeowners who may not have the resources to convert traditional lawns without support. Reduces both wildfire and water cost burdens.

Impact on Future Development: Encourages sustainable and fire-adapted landscaping.

Impact on Critical
Facilities/Lifelines:

Minimizes risk of fire spread around public buildings and in neighborhoods close to critical infrastructure. Can be integrated into landscaping for city facilities and open spaces.

Impact on Capabilities: Promotes community-wide resilience to drought and fire. Supports code enforcement and sustainability teams through education and incentives rather than mandates.

Climate Change Considerations: Supports resilience to prolonged drought and wildfire conditions.

Mitigation Category Education and Awareness Program, Natural Systems Protection CRS Category Public Information
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-85
Action 2026-SonomaCity-32. Tree Planting Initiative
Lead Agency: City of Sonoma Public Works
Supporting Agencies: Nonprofit organizations such as Sonoma Ecology Center Hazard(s) of Concern: Drought, Extreme Heat, Landslide
Description of the Problem: Areas of the city lack adequate tree canopy coverage, which exacerbates extreme heat impacts and increases erosion risk.

Description of the Solution: Implement a citywide tree planting initiative with a focus on underserved neighborhoods. Integrate tree planting into public projects and incentivize private property participation.

Establish a city tree planting program; incentivize tree planting in private yards; integrate tree canopy goals into public works and parks projects.

Estimated Cost: Medium to High
Potential Funding Sources: AL FIRE Urban & Community Forestry Grant Program, City Tree Fund, PG&E Community Resilience Grants, private partnerships
Implementation Timeline: 1-5 years
Objectives Met: 1,2,3,4,9,13
Benefits: Reduces urban heat island effect, improves air quality, stabilizes soil to reduce erosion and landslide risk, and enhances community well-being.

Impact on Socially Vulnerable
Populations:

Improves quality of life and reduces urban heat island effects in neighborhoods with historically less investment in green infrastructure.

Provides long-term benefits for cooling, shade, and air quality in lowerincome and rental-heavy areas.

Impact on Future Development: Encourages tree planting in new developments and infrastructure projects.

Impact on Critical
Facilities/Lifelines:

Provides erosion control and soil stabilization near roads, flood-prone zones, and public infrastructure. Supports shading and cooling for buildings, reducing utility strain during heat events.

Impact on Capabilities: Aligns tree planting goals with climate resilience and equity objectives.

Supports urban forestry and public works in making data-driven, locationprioritized planting decisions.

Climate Change Considerations: Provides cooling benefits to help mitigate extreme heat, improves carbon sequestration, and supports climate adaptation.

Mitigation Category Local Plans and Regulations, Natural Systems Protection CRS Category Preventative Measures, Natural Resource Protection Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Sonoma 10-86
Action 2026-SonomaCity-33. Soft-Story Residential Structure Inventory and Retrofit Program Development
Lead Agency: City of Sonoma Building Division
Supporting Agencies: -
Hazard(s) of Concern: Earthquake
Description of the Problem: Many privately-owned residential buildings may have soft-story vulnerabilities, making them susceptible to collapse during seismic events.

These structures pose a significant risk to life safety and property, especially in densely populated areas.

Description of the Solution: Conduct a comprehensive inventory of existing or suspected soft-story residential buildings. Use the findings to inform the development of voluntary or mandatory retrofit programs. Engage consulting services to support technical assessments and the creation of enhanced building codes aimed at mitigating seismic risks in these structures.

Estimated Cost: High
Potential Funding Sources: City general fund, FEMA HMGP Implementation Timeline: 1-5 years
Objectives Met: 3, 13
Benefits: Identification of vulnerable structures; Potential reduction in earthquakerelated injuries and fatalities.

Impact on Socially Vulnerable
Populations:

Many soft-story buildings are multi-family units housing low-income or elderly residents. Retrofitting improves safety for these groups.

Impact on Future Development: Encourages safer building practices and informs future zoning and construction standards.

Impact on Critical
Facilities/Lifelines:

Not applicable
Impact on Capabilities: Enhances local planning and building code enforcement capabilities; builds technical expertise.

Climate Change Considerations: Earthquake risk is not directly influenced by climate change, but resilient infrastructure supports broader adaptation goals.

Mitigation Category Structure and Infrastructure Project CRS Category Property Protection
Priority Medium
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Sep 2026
Department
Community Development
Department
Staff Contact
Jacob Dunn, Associate Planner, Jennifer Gates,
AICP, Community Development Director
Agenda Item Title
Adopt a Resolution Approving a Parcel Map (UA-26-3) to Subdivide a 21,633 Square Foot Parcel into Two Parcels (Parcel 1 – 13,489 square feet, Parcel 2 – 8,144 square feet) and Accept the Public Utility Easement at 1101 Broadway (APN 128-181-012), Including Action to Approve a Categorical Exemption Pursuant to Section 15315 of the State California Environmental Quality Act (CEQA) Guidelines (Class 15 – Minor Land Divisions).

Summary
The applicant is requesting a Parcel Map to subdivide the existing 21,633 square foot corner lot located at the intersection of Newcomb Street and Broadway into two parcels. The site is developed with an existing 2,081 square foot residence, four sheds, a gazebo, two decks, a pergola, and a driveway. There are a total of 36 trees on the property, including four oak trees, three olive trees, 19 fruit trees, one walnut tree, three juniper trees and one maple tree.

Parcel 1 on the eastern portion will be 13,489 square feet (0.31 acre) and the western portion (Parcel 2) will be 8,144 square feet (0.19 acre). The existing development on both parcels will remain the same. No new development is currently proposed on the resulting parcels, but any future development will require review by the Community Development Department.

As part of the approval of the Parcel Map, a public utility easement of five feet is required along Newcomb Street. While approval of the Tentative Parcel Map is ministerial provided the city engineer determines it is technically correct and complies with the Municipal Code, the new easement requires discretionary approval and therefore is being brought before the City Council for approval in accordance with SMC Section 16.05.060(B). The project has been conditioned with requirements to have the Parcel Map recorded and approved by the City Engineer along with new monuments set for surveying purposes.

The proposal was taken before the Planning Commission for recommendation on August 18th and did not receive any opposition. The Planning Commission considered the standards for approval and approved the Tentative Parcel Map with conditions of approval. has recommended that the City Council approve the Parcel Map as proposed.

Environmental Review
Pursuant to Section 15315, the proposed project is eligible for a categorical exemption. Class 15 – Minor Land Divisions allows the subdivision of a parcel into four or fewer parcels.

Recommended Council Action
Adopt a resolution approving a Parcel Map (UA-26-3) and accepting the public utility easement at 1101 Broadway (APN 128-181-012) including action to approve a Categorical Exemption pursuant to Section 15315 (Class 15 – Minor Land Divisions) of the State CEQA Guidelines as proposed subject to findings and conditions of approval.

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Alternative Actions
N/A
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Tentative Parcel Map
Alignment with Council Goals:

Not Applicable
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City of Sonoma
RESOLUTION # ________- 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING THE FINAL PARCEL MAP FOR THE 2-LOT SUBDIVISION, KNOWN AS THE SZUMSKI MINOR SUBDIVISION, LOCATED AT 1101 BROADWAY (APN: 128-181-012), AND

ACCEPTING THE DEDICATION OF A PUBLIC UTILITY EASEMENT
WHEREAS, Pete Jackson, Applicant, submitted an application for a Tentative Parcel Map on January 19, 2026, to approve the subdivision of a 21,633 square foot parcel into two parcels at 1101 Broadway (“Project”); and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 18, 2026, to consider the merits and recommend approval of the Tentative Parcel Map; and WHEREAS, the City Engineer has reviewed the final Parcel Map and has determined that it complies with all applicable provisions of the development code and the Subdivision Map Act; and
WHEREAS, the City Engineer has reviewed the Parcel Map and has determined that it is in substantial conformance with the Tentative Map approved on August 18, 2026; and WHEREAS, all conditions of approval imposed as part of the approval of the Tentative Map which had to be satisfied prior to approval of the final Parcel Map by the City Council have been fulfilled. Any other conditions imposed as part of the approval of the Tentative Map are required to be complied with in accordance with and by the deadlines specified in the Tentative Map’s conditions of approval; and
WHEREAS, the Project requires a public utility easement of five feet along Newcomb Street, as depicted in the Tentative Parcel Map, which the Owner has offered to dedicate, but which dedication requires City Council acceptance under section 16.05.060(B) of the Sonoma Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on September 16, 2026, to approve the Parcel Map and consider accepting the dedication for a public utility easement.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SONOMA RESOLVES AS FOLLOWS:

1. The findings and factual statements set out above in the recitals are adopted by the City Council as its own.

2. The Parcel Map is in substantial conformance with the Tentative Map approved by the Planning Commission on August 18, 2026, pertinent to 1101 Broadway, Sonoma, CA.

Agenda Item #7.7:

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3. The City Council of the City of Sonoma hereby approves the Parcel Map, subject to the subdivider timely complying with all of the Tentative Map’s conditions of approval which remain unsatisfied.

4. The City Council requires any of the dedications of a public utility easement described in this Parcel Map based on the following findings:
a. Identify the purpose for the dedication or exaction; and The purpose of the dedication is for the creation of a Public Utility Easement of approximately five feet along Newcomb Street as depicted in the Parcel Map. b. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required.

The dedication is necessary for the newly-created parcels to comply with adopted City Standards for street right-of-way.

5. The City Council hereby accepts the dedication of the public utility easement as depicted in the attached Parcel Map.

6. Cecilia Szumski, Owner, shall indemnify and hold the City and its officers and employees harmless pursuant to California Government Code section 66474.9 and the provisions of the Sonoma Municipal Code and conditions of approval of the Tentative Parcel Map.

7. The proposed Parcel Map is a project under the California Environmental Quality Act.

However, because adoption of the Parcel Map is a ministerial act on the part of the City Council, it is exempt from CEQA under CEQA Guidelines Section 15268(b). In addition, the Project is exempt from the requirements of CEQA per Section 15315, Class 15, because the Project is limited to a minor land division of four or fewer parcels.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 16th day of September 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Ron Wellander, Mayor
ATTEST:
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.7:

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644 MAPS 47-48 PM 132
4 3
2 1 455 MAPS 10-13 MONTCLAIR PARK
22 21 Agenda Item #7.7:

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Agenda Item #7.7:

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Agenda Item #7.7:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Sep 2026
Department
Community Development
Department
Staff Contact
Dave Jahns, Parks & Recreation Director,
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Continued Public Hearing to Introduce an Ordinance repealing and replacing SMC Chapter

19.51 Public Art Program and adding Chapter 3.45 Public Art Fund to the Sonoma Municipal Code and finding the Ordinance exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.

Summary
Background
Chapter 19.51 of the Sonoma Municipal Code, entitled Public Art Program, established the public art fund and requires the City to annually allocate one quarter of one percent of the general fund to the public art fund, capped at $25,000 per year, unless waived by the Council.

In addition, the Public Art Program requires all City-owned public projects with a total valuation over $250,000 to dedicate 1% to the public art fund with no cap. In June, the City Council adopted a new in-lieu fee that would apply to a similar public art requirement for private development. To implement this in-lieu fee, the City must amend Chapter 19.51 and update the City Art Policy to impose a public art requirement on relevant private development.

Draft Ordinance
The draft ordinance repeals and replaces Chapter 19.51 and creates a new Chapter 3.45 Public Art Fund. The new Chapter 3.45 includes portions of the existing Chapter 19.51, such as the establishment of the Public Art Fund and the annual City allocation of one quarter of one percent of the City's general fund expenditure budget.

The draft ordinance was presented to the Planning Commission on July 16, 2026 (Link to Agenda, Video, and Staff Report). It proposed requiring new construction, remodeling, repair or reconstruction of commercial and/or multi-family (five units or more) development projects with a building permit valuation of more than $250,000 install art equal to one percent of the project’s total valuation, or pay an in-lieu fee equal to that amount. At the meeting, the Planning Commission voted to recommend approval of the Ordinance with modifications to (1) remove multi-family housing developments from the requirement and (2) raise the permit valuation to one million dollars ($1,000,000).

The draft Ordinance recommended by the Planning Commission was presented to the City Council on August 5, 2026 (Link to Agenda, Video, and Staff Report). At that meeting, City Council continued the public hearing to September 16 to allow time for the Cultural Fine Arts Commission to hear and discuss the Planning Commission recommendation.

On August 20, 2026, the Cultural and Fine Arts Commission (CFAC) (Link to Agenda, Video, and Staff Report) discussed the proposed draft ordinance. Following a presentation and deliberation, the CFAC recommended that the public art installation requirement be revised as follows:

Agenda Item #8.1:

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 1% of project valuation for public, commercial, and multifamily (5+ units) developments;
 Projects that are $250,000 and above would be subject to the public art requirement;  Exclude affordable housing units from the fee calculation; and  Retain the other exclusions as originally proposed in the ordinance.

The CFAC also noted that while it recommended excluding affordable housing from the fee calculation, it would like to see the City commit to supporting installation of public art projects and initiatives in affordable housing developments by way of the established public art fund.

Other Considerations
While reviewing the ordinance, staff noticed that the proposed Chapter 3.45 inadvertently removed the cap set on the annual allocation. The Municipal Code currently caps the annual city allocation at $25,000 per year. The proposed ordinance includes this cap as its omission was a clerical error.

City Council Alternatives
The City Council can introduce the ordinance as recommended by the Planning Commission or can make alternative recommendations.

If the City Council wants to amend the ordinance, with changes already discussed by the Planning Commission, the City Council can direct staff to make those changes and reintroduce the ordinance. (See Alternative Actions number 1 provided below.) The items discussed by the Planning Commission included the minimum permit dollar amount of $250,000 and the inclusion of housing developments with the exclusion of affordable units. If City Council decides to require public art for multifamily development, then the Planning Commission recommends that all affordable units be exempted and that it only applies to multi-family development of 20 units or more to continue to incentivize small housing developments.

If the City Council wants to amend the ordinance with modifications that were not already discussed by the Planning Commission, the City Council must remand the ordinance back to the Planning Commission with specific directions on what the Planning Commission should consider. The Planning Commission will then consider the direction and make a new recommendation for City Council consideration before returning to the Council for reintroduction. (See Alternative Actions number 2 provided below.) This process is required by Government Code section 65875 and SMC 19.86.060.

Environmental Review
City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Recommended Council Action
Introduce an Ordinance repealing and replacing SMC Chapter 19.51 Public Art Program and adding Chapter 3.45 Public Art Fund to the Sonoma Municipal Code with the proposed modifications by Planning Commission and finding the Ordinance exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.

Alternative Actions
Agenda Item #8.1:

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1. Propose modifications to the Ordinance and direct staff to reintroduce the Ordinance.

2. Remand the Ordinance back to the Planning Commission with direction.

Financial Impact
All funds collected in-lieu of providing public art will be placed in the Public Art Fund and expended to fund public art.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft Art Requirement Ordinance
PC Ordinance Modifications
Alignment with Council Goals:

Agenda Item #8.1:

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City of Sonoma
ORDINANCE #_____ - 2026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
REPEALING AND REPLACING CHAPTER 19.51 PUBLIC ART
PROGRAM AND ADDING CHAPTER 3.45 PUBLIC ART FUND TO THE

CITY OF SONOMA MUNICIPAL CODE AND FINDING THIS ACTION IS

EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE

GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTION 15061(b)(3) THAT CEQA ONLY

APPLIES TO PROJECTS THAT HAVE THE POTENTIAL FOR CAUSING

A SIGNIFICANT EFFECT ON THE ENVIRONMENT
WHEREAS, on July 16, 2026, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments, considered public testimony, and made a recommendation to the City Council to approve the Ordinance with modifications that limit imposition of the public art ordinance to commercial projects with a valuation over one million dollars; and
WHEREAS, the City Council conducted a duly noticed public hearing on August 5, 2026 and continued the public hearing to September 16, 2026, to discuss and consider proposed amendments, considered public testimony, and introduced the Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
City Council finds the recitals above are true and correct and are incorporated herein by this reference.

SECTION 2. MUNICIPAL CODE AMENDMENTS
Chapter 19.51 Public Art Program of the Sonoma Municipal Code is hereby repealed and replaced as set forth in Exhibit A, attached hereto and incorporated by this reference.

Chapter 3.45, Public Art Fund is hereby added to the Sonoma Municipal Code as set forth in Exhibit B, attached hereto and incorporated by this reference.

SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENTS
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the City Council finds proposed amendments of the development code under this ordinance are as follows:

A. The proposed amendment is consistent with the goals, policies, and actions of the General Plan;
The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan. The proposed amendment is consistent with Policy 5.9 to Agenda Item #8.1:

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promote public art and specifically policy 5.9.1 to establish a public art ordinance of the Community Development Element of the General Plan and are therefore consistent with the goals, policies and actions thereof.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
The proposed amendments further the promotion of public art which advances the public interest, and contributes to public welfare and convenience.

C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
The amendments fall under CEQA Guidelines Section 15061 (b)(3) General Rule. The General Rule, also known as the “Common Sense Exemption” applies to projects in which it is clear and definitive that the project will not have any significant impacts on the environment. Furthermore, this ordinance will not cause a direct or indirect physical change to the environment and is therefore not a project under CEQA Guidelines Section 15378.

D. The proposed amendment is internally consistent with other applicable provisions of this development code; and
The proposed amendments is internally consistent with other applicable provisions of the Sonoma development code.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As the project is modifying the requirement for public art, allowing an in-lieu fee to be paid and reestablishing a public art fund without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. Furthermore, this ordinance will not cause a direct or indirect physical change to the environment and is therefore not a project under CEQA Guidelines Section 15378. The proposed ordinance is therefore exempt from CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 5. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance, and each section, Agenda Item #8.1:

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subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. PUBLICATION
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 7. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT To the extent that this ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this ordinance will control.

PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the ____________, 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Ron Wellander, Mayor
ATTEST:

Rebekah Barr, MMC, City Clerk
Date: ___________________________
Agenda Item #8.1:

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Exhibit A
Chapter 19.51 Public Art Program

19.51.010 Purpose.

The purpose of the public art ordinance is to authorize, fund, and establish procedures for artworks in the public realm within the city of Sonoma. It seeks to guarantee the development of public artwork as a whole in the city, establish standards for the integration of public artwork into new private and public development projects, ensuring a closer relationship between the landscape, buildings, community, and art. A public art program provides community benefits by positively impacting property values, the local economy and vitality of the city by enhancing the visual and aesthetic quality of development projects and enhancing the economic sustainability of artists and arts organizations as a key to the city’s vitality. The chapter establishes a process for the community to work with artists, city officials, and other stakeholders to make Sonoma an even more interesting, memorable, and beautiful place to live, work, visit, and engage with art.

19.51.020 Definitions.

The definitions below shall apply to the following terms used in this chapter:
“Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, lighting, and computer-generated artworks. Public artwork may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art-designed infrastructure in the public space.
“Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and/or visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path. “Private development project” means all new commercial and mixed use (commercial portion only) development, and all remodeling, repair or reconstruction of commercial and mixed-use development exceeding $1,000,000 in cost within the city of Sonoma. To the extent that all or some portions of the new construction include one or more of the "exclusion items" identified below, those portions of the project shall be excluded from the definition of "private development project"; thus, those portions of construction shall not be subject to the requirements of this chapter:

A. Development undertaken by public entities or nonprofit organizations primarily dedicated to cultural activities available to a broad public;
B. Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;
C. Historic preservation or restoration;
D. Seismic retrofit or flood protection projects work items; E. Fire sprinkler installation work items as defined by this code; F. Solar (photo voltaic) system applications.

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“Public art policy and guidelines” means the regulations recommended by the cultural and fine arts commission and approved by the city council which establish procedures to carry out the purpose of this chapter. The public art policy and guidelines shall include but not be limited to criteria for the selection of artists and artwork, framework for loan and donation agreements, procedures for the maintenance of a file of interested artists, procedures for artistic competitions, and requirements for the accession, maintenance, and deaccession of works of art. The cultural and fine arts commission may amend the guidelines from time to time with the approval of the city council.
“Public development project” shall include, but is not limited to, the construction or remodel of any city-owned building, structure, park, utility, street, sidewalk, or parking facility, or any portion thereof, within the limits of the city of Sonoma. “Public development project” does not include projects undertaken by any federal, state, or local government other than the city of Sonoma.

19.51.030 Art Installation Requirement.

A. Public Development Projects. All public development projects with total building permit valuation of $250,000 or more shall dedicate an amount equal to one percent of the total building permit valuation to be placed in the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. For public development projects with federal and/or state match requirements or grant-funded projects, one percent shall only apply to the city’s portion of the project funding.

B. Private Development Projects. All private development projects with a total building permit valuation of $1,000,000 or more shall dedicate an amount equal to one percent of the total building permit valuation data, as set forth in the International Conference of Building Officials (ICBO), for the acquisition of public artworks for permanent placement on-site in a public space consistent with city’s public art policy and guidelines. The developer may elect to satisfy the requirements of this subsection partially or in full through the payment of an in-lieu fee to the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. The amount of the in-lieu fee shall be set by resolution of the city council.

C. Compliance Required.

1. A building permit for any private development project shall not be issued unless and until full compliance with this chapter is achieved in one of the following ways:
a. The full amount of the in-lieu fee is credited to the Public Art Fund to be used as provided in SMC Chapter 3.45.
b. Written proof to the community development director of a contract to commission or purchase and install the required public art previously approved by the review body in a form approved by the community development director.

2. A certificate of occupancy for any private development project shall not be issued unless the approved work of art has been placed in an approved on-site location unless the developer has entered into an agreement and submitted a performance security in an amount determined by the community development director to be adequate to secure faithful performance of the commission and installation of the required public art and in a form acceptable to the city attorney.

19.51.040 Art Installation Policy.

The city council will establish by resolution a public art policy and guidelines to regulate the application, permitting, and installation requirements of the public art program.

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Exhibit B
Chapter 3.45 Public Art Fund

3.45.010 Purpose.

The purpose of the public art fund is to authorize and accumulate a special revenue fund to receive, hold, invest, account for, and expend monies dedicated to the acquisition, commissioning, fabrication, installation, conservation, maintenance, interpretation, administration, and stewardship of public artwork. It seeks to guarantee the development of public artwork as a whole in the city, ensuring a closer relationship between the landscape, buildings, community, and art.

3.45.020 Definitions.

The definitions below shall apply to the following terms used in this chapter:
"Artist" means an individual or team of individuals recognized through education, training, exhibition history, professional experience, or peer recognition as practitioners in the visual arts. “Permanent installation” means artwork or art placed at a site, intended to remain at that site for at least 20 years.
“Public art fund” means a fund within the city of Sonoma budget into which all monetary contributions for public artwork shall be deposited.
“Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, lighting, and computer-generated artworks. Public artwork may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art-designed infrastructure in the public space.
“Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and/or visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path. “Temporary installation” means artwork or art placed at a site for a limited time period, typically less than twenty (20) years, after which it is removed, replaced, or allowed to degrade, according to an agreed-upon schedule.

3.45.030 Funding.

A. Establish a Public Art Fund. The city shall establish a special revenue fund designated as the “public art fund” for the deposit of gifts, bequests to the city for public artwork, and other funds for works of art in accordance with the public art program. The public art fund is used exclusively as a means of isolating and identifying all monetary transactions pertaining to the city public art program, including in-lieu fees under SMC 19.51.030. Appropriation of funds to support the public art program shall be made to the public art fund, consistent with the city’s Agenda Item #8.1:

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budget cycle, capital improvement plan, and major capital projects identified by the city council.

B. Annual City Allocation. An amount equal to one-quarter-of-one percent of the city of Sonoma’s budgeted general fund expenditure shall be appropriated annually to the city’s public art fund, provided that said appropriation shall be capped at $25,000 per fiscal year. The city council reserves the right, in its sole discretion, to waive or reduce the annual allocation if the city’s financial situation does not allow for the funding to be set aside. The city council shall adopt such a waiver or reduction by adopting a resolution setting forth the findings for the waiver.

3.45.040 Accounting Requirements.

Funds collected pursuant to this chapter, together with any interest, shall be maintained and accounted for to avoid comingling of such funds with other revenue. The public art fund shall be expended solely for the purpose for which they were collected. Any interest earned by such an account shall be deposited in that account and expended solely for the originally collected purpose. The city council may, by resolution, adopt regulations to implement this chapter upon recommendation from the cultural and fine arts commission.

Agenda Item #8.1:

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Proposed Planning Commission Modifications
(strikeout to be removed text and underline is added text) Chapter 19.51 Public Art Program

19.51.010 Purpose.

19.51.020 Definitions.

The definitions below shall apply to the following terms used in this chapter:
“Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, lighting, and computer-generated artworks. Public artwork may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art-designed infrastructure in the public space.
“Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and/or visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path. “Private development project” means all new multifamily development with five or more units, all remodeling, repair or reconstruction of multifamily development(s) exceeding $250,000 in cost, and all new commercial and mixed use (commercial portion only, unless residential portion of such development consists of a multifamily development) development, and all remodeling, repair or reconstruction of commercial and mixed use development exceeding $1,000,000 250,000 in cost within the city of Sonoma. To the extent that all or some portions of the new construction include one or more of the "exclusion items" identified below, those portions of the project shall be excluded from the definition of "private development project"; thus, those portions of construction shall not be subject to the requirements of this chapter:

A. Multifamily development that has a regulatory agreement with a government agency restricting occupancy to qualifying households not exceeding specified incomes for 100 percent of the units;
A. Development undertaken by public entities or nonprofit organizations primarily dedicated to cultural activities available to a broad public;
Agenda Item #8.1:

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B. Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;
C. Historic preservation or restoration;
D. Seismic retrofit or flood protection projects work items; E. Fire sprinkler installation work items as defined by this code; F. Solar (photo voltaic) system applications.
“Public art policy and guidelines” means the regulations recommended by the cultural and fine arts commission and approved by the city council which establish procedures to carry out the purpose of this chapter. The public art policy and guidelines shall include but not be limited to criteria for the selection of artists and artwork, framework for loan and donation agreements, procedures for the maintenance of a file of interested artists, procedures for artistic competitions, and requirements for the accession, maintenance, and deaccession of works of art. The cultural and fine arts commission may amend the guidelines from time to time with the approval of the city council.
“Public development project” shall include, but is not limited to, the construction or remodel of any city-owned building, structure, park, utility, street, sidewalk, or parking facility, or any portion thereof, within the limits of the city of Sonoma. “Public development project” does not include projects undertaken by any federal, state, or local government other than the city of Sonoma.

19.51.030 Art Installation Requirement.

B. Private Development Projects. All private development projects with a total building permit valuation of $1,000,000 250,000 or more shall dedicate an amount equal to one percent of the total building permit valuation data, as set forth in the International Conference of Building Officials (ICBO), for the acquisition of public artworks for permanent placement on-site in a public space consistent with city’s public art policy and guidelines. The developer may elect to satisfy the requirements of this subsection partially or in full through the payment of an in-lieu fee to the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. The amount of the in-lieu fee shall be set by resolution of the city council.

C. Compliance Required.

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the community development director to be adequate to secure faithful performance of the commission and installation of the required public art and in a form acceptable to the city attorney.

19.51.040 Art Installation Policy.

The city council will establish by resolution a public art policy and guidelines to regulate the application, permitting, and installation requirements of the public art program.

Agenda Item #8.1:

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Agenda Item #8.1:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Sep 2026
Department
Community Development
Department
Staff Contact
Diane Levine, Associate Planner, Jennifer Gates,
AICP, Community Development Director
Agenda Item Title
Discussion, Consideration, and Possible Introduction of an Ordinance Amending Sonoma Municipal Code Chapter 19.45 Accessory Dwelling Units in Compliance with California State Law and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA), Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15282(H) and Public Resources Code 21080.17.

Summary
Background
The California Department of Housing and Community Development (HCD) requires all jurisdictions within the state to ministerially approve accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) under streamlined standards. State laws related to the development of ADUs and JADUs continue to change frequently to further lower potential development barriers. Current State ADU law can be viewed in the attachments (see attachment State Gov. Code 66310-66342) and the most recent version of HCD’s ADU Handbook.

The City of Sonoma’s ADU ordinance was adopted in 2023 and requires an update to be in compliance with current state ADU law. While many changes to state ADU law involve changes to development standards, requiring City Council approval, Staff are routinely updating internal processes and procedures related to ADU law to remain in compliance with continuously evolving legislative updates related to the processing of ADUs and JADUs, including review timelines and fees.

On June 16, 2026, the Planning Commission held a study session to discuss updates to the ADU ordinance (Link to Agenda, Video, and Staff Report). At that meeting Planning Commission requested further defining or explaining of an efficiency kitchen or the appliances required within an ADU and research on whether affordable housing restrictions can be applied if separate sale/conveyance of ADUs is permitted.

At the August 18, 2026 Planning Commission hearing (Link to Agenda, Video, and Staff Report), staff presented information gathered in response to the Planning Commission’s requested information. Staff determined that State ADU law and HCD guidance do not support the imposition of more specific or restrictive kitchen requirements beyond those established in applicable State regulations, therefore did not include expanded language in the draft ordinance. Staff is still researching the separate sale and conveyance of ADUs and will bring to the Planning Commission at a future discussion at a future date and is not currently in the proposed Ordinance. The Planning Commission adopted Resolution 26-2026, recommending the City Council adopt the Ordinance with modifications to add additional language to the definition of Accessory Dwelling Unit so that the definition reflected the entirety of the definition as provided in State law. The public comment received at the Planning Commission is available here.

Agenda Item #8.2:

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Since the August 18th Planning Commission meeting, three additional changes have been made to the Ordinance to further comply with State ADU law as recommended by the City Attorney’s office. These include removal of potentially subjective language, minor revision to ADU square footage for clarification purposes, and removal of ADU deed restriction language but maintain JADU deed restrictions. These changes can be seen in blue in Exhibit A.

Proposed Amendments
The proposed Ordinance includes track changes (underline for new text, strikethrough for removed text) for Chapter 19.45 Accessory Dwelling Units. The amendments include updates that reflect changes to State ADU law that have occurred since the existing ordinance was written. Examples of applicable State law changes as well as general code clean up that have been reflected in the proposed Ordinance include:
 Specifies the number of allowable ADUs per lot (one ADU and one JADU provided standards within Gov. Code, § 66323 are met; a maximum of eight detached units for multifamily dwellings but not to exceed the number of primary multifamily dwelling units; up to 25% of the total multifamily dwelling units for attached ADUs within existing space; all in combination with one ADU allowed pursuant to development standards under § 66314).
 Definitions added, such as Accessory Dwelling Unit, Junior Accessory Dwelling unit, and Multifamily Dwelling Unit.
 Updates to fire sprinkler requirements such as an ADU shall no longer trigger a requirement for the primary residence and the construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.
 Addition of provisions required within ADU and JADU units.  Clean up to language surrounding objective standards related to height of ADUs.  Revises size limitations to be based on the square footage of interior living space of the ADU.

Next Steps
If the ordinance is approved by the City Council, the ordinance will then be sent to the State’s Housing and Community Development Department for final review and approval.

In addition to the Ordinance included herein, Staff will be developing supplemental documents, both to provide additional resources to the public and to satisfy State law. The supplemental documents will include:
 A submittal checklist.
 A checklist of conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard (AB 2533).
 Resource document informing homeowner that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or protection scope of building improvements before submitting an application for a permit (AB 2533).  Deed restriction requirement template for JADUs.
 FAQ handout.

Environmental Review
City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review pursuant to California Environmental Quality Act Agenda Item #8.2:

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(CEQA) Guidelines Section 15282(H) and Public Resources Code 21080.17.

Recommended Council Action
Introduction of an Ordinance amending Chapter 19.45 Accessory Dwelling Units and finding the Ordinance exempt from the California Environmental Act (CEQA) pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15282(H) and Public Resources Code 21080.17.

Alternative Actions
City Council discretion
Financial Impact
Not Applicable
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft Ordinance
Exhibit A
PC Modifications
State Gov Code 66310-66342
Alignment with Council Goals:

Agenda Item #8.2:

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City of Sonoma
ORDINANCE #_____ - 2026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SONOMA MUNICIPAL CODE CHAPTER 19.45 ACCESSORY DWELLING UNITS IN

COMPLIANCE WITH CALIFORNIA STATE LAW RELATED TO THE DEVELOPMENT

OF ACCESSORY DWELLING UNITS AND FINDING THIS ACTION IS EXEMPT FROM

ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15282(h) AND PUBLIC RESOURCES CODE 21080.17
WHEREAS, the City of Sonoma desires to amend the municipal code to come into conformance with Government Code Sections 66314-66331, improve its organization, clarity, and readability; and
WHEREAS, adoption of this Ordinance is consistent with the goals, policies, and actions of Sonoma General Plan, would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, and is internally consistent with other applicable provisions of the City’s development code for the reasons expressed in this Ordinance, the accompanying staff reports, and other substantial evidence presented; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on August 18, 2026, and considered public testimony and adopted a Resolution recommending the City Council to adopt the proposed amendments with modifications; and WHEREAS, the City Council conducted a public hearing on September 16, 2026 and ____________ for the purpose of considering amendment to Chapter 19.45 of the Sonoma Municipal Code; and
WHEREAS, the proposed Ordinance was introduced by the Sonoma City Council on _______________.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. MUNICIPAL CODE AMENDMENTS
The Sonoma Municipal Code is hereby amended as shown in Exhibit A.

SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENTS
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance are:

A. The proposed amendment is consistent with the goal, policies, and actions of the General Plan; Draft
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The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan and State Law. The amendments to the ADU ordinance keep the code consistent with the goals and policies of the General Plan and specifically the Housing Element and therefore the amendments are consistent with the goals, policies, and actions of the General Plan. Some examples of goals and policies in the General Plan that the update supports are: Policy H1-1.1, Policy H-1.2, Policy H-4.47, Policy H-4.5, HE Program 5, and Goal CD-2.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
The proposed amendments are to bring the SMC Chapter pertaining to Accessory Dwelling Units into compliance with California State law and meet the requirements enforced by the California Department of Housing and Community Development. The intent behind the development standards for the production of ADUs is to further the availability of housing within the State.

California State Building Code and the Health and Safety Code regulate requirements related to the health and safety for the construction of ADUs. Therefore, the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15282(h).

D. The proposed amendment is internally consistent with other applicable provisions of this development code.

The purpose of the amendments is to bring the City’s SMC Chapter pertaining to ADUs into compliance with California State law. Subsequent provision changes are for the purpose of achieving internally consistent provisions as they relate to ADUs.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15282(h).

SECTION 5. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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SECTION 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. PUBLICATION
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 8. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the _______________ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Mayor
ATTEST:

Rebekah Barr, MMC, City Clerk
I HEREBY CERTIFY that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Sonoma, Sonoma County, California, at a meeting thereof, held on the _____________, by the following vote, to wit:

AYES:

NOES:

ABSTAIN: ABSENT:

Rebekah Barr, MMC, City Clerk
Agenda Item #8.2:

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EXHIBIT A
Chapter 19.45 (Accessory Dwelling Units) is amended as follows:

Sections:

19.45.010 Purpose.

19.45.020 Effect of conforming. Definitions.

19.45.030 General ADU and JADU requirements.

19.45.040 ADU permit and JADU development standards.

19.45.050 Reserved.

19.45.0560 Approval process.

19.45.070 Nonconforming ADUs and discretionary approval.

19.45.0680 Termination of permit and use for ADUs and JADUs.

19.45.090 Violations and enforcement.

19.45.010 Purpose.

The purpose of this chapter is to allow for and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22 66310 et seq. and to encourage the development of affordable housing. (Ord. 04-2023 § 1(B), 2023)

19.45.020 Effect of conforming. Definitions.

An ADU or JADU that conforms to the standards in this chapter will not be:

A.Deemed to be inconsistent with the city’s General Plan and zoning designation 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.

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D. Required to correct a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. (Ord. 04-2023 § 1(B), 2023).

The definitions below shall apply to the following terms used herein:
“Accessory dwelling unit” (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
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code “Junior accessory dwelling unit” (JADU) means a unit that is no more than 500 square feet of interior livable space 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.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Multifamily dwelling” under state law means a structure with two or more attached dwelling units.

19.45.030 General ADU and JADU requirements.

Number of Accessory Dwelling Units ADUs

1. Single-family.
a. On a lot with an existing or proposed single-family residence, no more than one attached ADU, one detached, new-construction ADU and one JADU is allowed. b. Units permitted by this subsection may be combined with one ADU created pursuant to local development standards, which may be detached, attached, or a conversion.

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2. Multifamily.
a. On a lot with an existing multifamily dwelling, not more than eight detached ADUs are permitted. The number of ADUs shall not exceed the number of existing units on the lot. b. On a lot with an existing multifamily dwelling, at least one ADU, up to 25 percent of the existing multifamily dwelling units, shall be permitted when constructed within the existing multifamily dwelling. In determining the maximum number of accessory dwelling units ADUs allowed, any fraction of an ADU shall be rounded down to the next whole number but not less than one.
c. On a lot with a proposed multifamily dwelling, no more than two detached ADUs. d. Units permitted under this subsection may be combined with one ADU created pursuant to local development standards, which may be detached, attached, or a conversion.

AB. Fire Sprinklers.

1. Fire sprinklers are shall be required in an ADUs or JADUs where if sprinklers exist or are required in the primary residence.; provided, however, that construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

2. The installation of fire sprinklers shall not be required for an ADU or JADU if sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling.

3. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.

CB. Rental Term. No ADUs and or JADUs shall not may be rented for a term that is shorter longer than 301 days.

DC. No Separate Conveyance. An ADU or JADU may be rented, but nNo ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (forin the case of Agenda Item #8.2:

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a single-family lot) or from the lot and all of the dwellings (for in the case of duplexes or multifamily lots) except as permitted under Government Code Section 66341 66340 et seq.

ED. Septic System. If the ADU or JADU will connect to an existing on-site water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.the system shall comply with all applicable requirements of Sonoma Water.

FE. Owner Occupancy. 1. All ADUs permitted before January 1, 2020, are subject to the owneroccupancy requirement that was in place when the ADU was permitted.

2. All JADUs that have shared sanitation facilities with the primary structure shall be are subject to an owner-occupancy requirement. Meaning, aA natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the oOwner-occupancy requirement of under this subsection does not apply if the JADU sanitation facilities are separate from the primary dwelling or if the property is entirely owned by another a governmental agency, land trust, or housing organization. JADUs that have independent sanitation facilities shall not require owneroccupancy.

GF. Deed Restriction. Prior to issuance of a building permit for a an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the planning and community services director city. The deed restriction must shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1. The ADU or JADU may not be sold separately from the primary dwelling, except as authorized under Government Code Section 66340 et seq.

2. Owner-occupancy is required for parcels with a JADU if sanitation facilities are shared with the primary structure., consistent with subsection (E)(2) of this section.

4. The deed restriction runs with the land and may shall be enforced against bind future property owners.

5. The deed restriction is enforceable by the planning and community services director or his or her 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 remedy available to it at law or equity, including, but not limited to, Agenda Item #8.2:

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obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

19.45.040 ADU permit and JADU development standards.

The following requirements apply only to ADUs and JADUs that require an ADU permit under SMC 19.45.060(B):

A. Maximum Size.

1. The maximum size of a An attached or detached detached or attached ADU requiring an ADU permit is shall not exceed 850 square feet of interior livable space for a studio or one bedroom unit and 1,000 square feet of interior livable space for a unit with two bedrooms that provides more than one bedroom. No more than two bedrooms are allowed.

2. Application of other development standards may further limit the size of the ADU, but the application of development standards that impose limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size shall not require an attached or detached ADU to be less than 800 square feet of interior livable space with a minimum four-foot side and rear yard setback.

3. The total of livable space floor area of an ADU shall not exceed 50 percent of the existing primary dwelling but shall not preclude the development of 800 square feet of interior livable space, or 1,000 square feet of interior livable space for ADUs with more than one bedroom.

4. The total floor area for a detached ADU shall not exceed 1,200 square feet.

5. A JADU shall not exceed 500 square feet of interior livable space, constructed within the walls of the existing or proposed single-family residence.

5.6.ADUs converted from existing accessory structures are eligible forn up to 150 square feet expansion beyond the physical same dimensions ofas thean existing accessory structure is allowed to accommodate ingress and egress.

B. Floor Area Ratio (FAR) and Site Coverage. An ADU shall conform to all site coverage and floor area ratio regulations applicable to the zoning district in which the property is located but no application of FAR or site coverage standards requirements may shall preclude the Agenda Item #8.2:

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development of an require the ADU to be less than 800 square feet that maintains four-foot side and rear setbacks. C. Setbacks.

1. No setback is required for a legally constructed shall be required for an existing living area, or accessory structure, or a structure constructed in the same location and to the same dimensions as the a legally constructed existing structure, when that is converted to an accessory dwelling unit ADU or to a portion of an accessory dwelling unit ADU.

2. ADUs not converted from an existing structure shall maintain a minimum setback of four feet from the side and rear lot lines for both attached and detached ADUs. A minimum setback of four feet from the side and rear lot lines is required for detached and attached ADUs.

3. ADU fFront and street-side setbacks shall comply with those established in the zoning district where the parcel is located. Detached accessory dwelling units shall comply with front and street-side setback restrictions for accessory structures while attached accessory dwelling units shall comply with front setback restrictions for primary structures.

4. Front and street-side setbacks shall be reduced where the imposition of front or street-side setbacks under this subsection would prohibit the development of an ADU of at least 800 square feet on the parcel. D. Height.

1. Lots With an Existing or Proposed Single-Family Dwelling Unit. a. A single-story detached ADU shall not exceed 16 feet in height above from finished grade, measured to the peak of the structure.
b. An attached ADU shall not exceed the maximum allowable height of the primary dwelling as allowed by the underlying zoning development requirements standards when located outside of the underlying setback requirements. c. A two-story detached ADU constructed above a proposed or existing detached garage shall not exceed 25 feet in height measured from the finished grade to the highest point of the roof from finished grade, measured to the peak of the structure.

Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.

2. Lots With a Proposed or Existing Duplex or Multifamily Dwelling Unit.

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a. A detached accessory dwelling unitADU shall not exceed 18 feet from finished grade, measured to peak of the structure, on a lot with an existing or proposed multifamily, multistory dwelling.
b. A single-story detached ADU shall not exceed 16 feet in height above from finished grade, measured to the peak of the structure.
c. An attached ADU may shall not exceed the maximum allowable height of the multifamily primary dwelling as allowed by the underlying zoning development requirement standards.
d. A detached ADU constructed above a proposed or existing detached garage shall not exceed 25 feet in height from finished grade, measured to the peak of the structure.

A two-story detached ADU shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.

E. Provisions within Units. An ADU shall include a kitchen and other permanent provisions for living and sleeping, including a closet or other reasonable storage.

1. ADUs.
a. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.
b. ADUs shall have a separate exterior access.

2. JADUs.
a. A JADU shall include cooking facilities with appliances, food preparation counter, and storage cabinets that are of a reasonable size in relation to the size of the JADU.
b. Sanitation facilities shall be provided either within the JADU or accessible in primary unit.

F. Exterior lLighting shall be shielded or directed so that it does not glare off site or illuminate any dwelling unit or adjacent property.

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G.F. Windows shall be located to avoid line of sight to windows of adjacent properties.

Obscured glass and other techniques may be used to avoid line of sight.

H.G. Parking. No parking is required for ADUs or JADUs. An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence, other accessory structures, and any adjoining residences.

I.H. A permanent foundation shall be required for all ADUs.

J.I. Fees.

1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size 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). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Utility Fees.
a. Converted ADUs and JADUs on a single-family lot, created under SMC

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the California Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. (Ord. 04-2023 § 1(B), 2023).

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19.45.050 Reserved.(Ord. 04-2023 § 1(B), 2023).

19.45.0560 Approval process.

A. Building Permit Required Only. ADU/JADU entitlements are considered and approved ministerially, without discretionary review or a hearing. If an ADUs and or JADUs require a building permit. The city may charge for the building permit and associated costs incurred for the processing of that permit. complies with each of the general requirements in SMC

19.45.030 (General ADU and JADU requirements), it is allowed with only a building permit in the following scenarios:

1. ADU Established from Existing Converted Space – Single-Family. Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or 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.
b. Has exterior access that is independent of that for the single-family dwelling. c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

2. New Detached ADU – Single-Family. One detached, new-construction ADU on a lot with a proposed or existing primary residence (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) of this section), if the detached ADU satisfies the following limitations:
a. The side and rear yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade is 16 feet or less.

3. ADU Established From Existing Converted Space – Multifamily. ADUs may be created 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, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 Agenda Item #8.2:

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percent of the existing multifamily dwelling units may each have a converted ADU under this subsection.

4. New Detached ADU – Multifamily and Duplexes. No more than two detached ADUs on a lot that has an existing or proposed duplex or multifamily dwelling if each detached ADU satisfies the following limitations:
a. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection.
b. The total floor area is 800 square feet or smaller.
c. Complies with the height limit in SMC 19.45.040(D)(2)(a) or (b). B. ADU Permit Required.

1. Except as allowed under subsection (A) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in SMC

19.45.030 (General ADU and JADU requirements) and 19.45.040 (ADU permit development standards).

2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the planning and community services director and approved by the city council by resolution. B. Unpermitted ADUs.

1. Pre-application Inspection. Before submitting an application for a permit, a property owner 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.

2. Post-application Inspection. 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 the health and safety standards necessary to obtain a permit. If the inspector finds a violation, the city shall not penalize an applicant for Agenda Item #8.2:

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having the unpermitted ADU or JADU if the applicant vacates the unit or pursues the necessary permits to correct the noncompliance with health and safety standards.

3. Fees and charges. A property owner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or utility fees except when utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and when the fee is authorized by Government Code Section 66324(e).

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or hearing.

12. The city shallmust approve or deny determine whether an application for an ADU permit or JADU is complete and provide written notice of the determination no later than 15 business days after the city receives the application. The city shall either approve or deny the application for the ADU/JADU within 60 days of the application being determined complete if there is an existing single-family or multifamily dwelling unit on the lot.

2. If the application is determined to be incomplete, along with the determination, the city shall provide the applicant with a list of incomplete items and a description of how the application may be made complete.

3. If the application to create an ADU or JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the city may delay approving or denying the permit until the city approves or denies the permit application for the new singlefamily or multi-family dwelling, while maintaining ministerial review for the ADU or JADU so as long as the development standards are met.
4a. Should tThe applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay.; or

5. If an application for an ADU or JADU is determined incomplete or denied, the applicant may appeal that decision in writing to the planning commission. The planning commission shall provide a final written determination within 60 business days of receipt of the written appeal.

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b. In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. (Ord. 04-2023 § 1(B), 2023).

19.45.0670 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in this chapter shall require approval subject to requirements of SMC Chapter 19.54. SMC 19.45.010 through 19.45.060 may be allowed by the city with a use permit, in accordance with the other provisions of this title. (Ord. 04-2023 § 1(B), 2023).

19.45.0780 Termination of permit and use for ADUs and JADUs.

A. No building permit shall be issued to remove permanent features of an ADU, including the provisions for eating, cooking and sanitation, and separate exterior entrance, until written approval to terminate the use of living space as an ADU or JADU is granted by the planning and community services director or his or her their designee.

B. At its their discretion, the planning and community services director may grant an owner’s written request to terminate an ADU or JADU and deed restriction. The planning and community services director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the ADU or JADU, and the impact on the city’s affordable housing supply.

C. As a condition of termination, the planning and community services director shall require the owner to make modifications to the property to comply with: (1) current building code requirements and (2) current development standards in effect at the time the request is made to terminate use, including but not limited to setbacks, height, parking and floor area ratio. The owner shall apply for a building permit to make such modifications as required by the city’s building and fire codes. Building permit fees shall include any fees previously waived for the existing ADU or JADU. (Ord. 04-2023 § 1(B), 2023).

Section 16.02.030 (Exemptions from subdivision approval requirements) is amended as follows:

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J. Residential Financing or Leases. The financing or leasing of apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or accessory dwelling units ADUs in compliance with Government Code Section 66412.2.; or “granny” units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

Section 19.42.050 (Guidelines for infill development) is amended as follows:

B.5.a. New accessory structures (e.g., garages, second units, sheds, etc.) that are visible from the public right-of-way should incorporate the distinctive architectural features (e.g., color, materials, roof pitch and style, etc.) of the main structure.

Section 19.92.020 (Definitions of specialized terms and phrases) is amended as follows:

F. “Floor area ratio” means the maximum gross floor area of a building (or buildings) permitted on a lot divided by the gross area of the lot. When calculating floor area ratio, the following shall be excluded:

1. Porches, cellars, attics, and underground parking;

2. Detached garages (up to 400 square feet);

3. Second units;

34. Accessory structures with an area of 120 square feet or less.

Agenda Item #8.2:

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Planning Commission Recommended Modifications
1 A. Chapter 19.45 (Accessory Dwelling Units) is amended as follows:

Sections:

19.45.010 Purpose.

19.45.020 Effect of conforming. Definitions.

19.45.030 General ADU and JADU requirements.

19.45.040 ADU permit and JADU development standards.

19.45.050 Reserved.

19.45.0560 Approval process.

19.45.070 Nonconforming ADUs and discretionary approval.

19.45.0680 Termination of permit and use for ADUs and JADUs.

19.45.090 Violations and enforcement.

19.45.010 Purpose.

19.45.020 Effect of conforming. Definitions.

An ADU or JADU that conforms to the standards in this chapter will not be:

A.Deemed to be inconsistent with the city’s General Plan and zoning designation 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.

The definitions below shall apply to the following terms used herein:

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2 “Accessory dwelling unit” (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
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code “Junior accessory dwelling unit” (JADU) means a unit that is no more than 500 square feet of interior livable space 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.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Multifamily dwelling” under state law means a structure with two or more attached dwelling units.

19.45.030 General ADU and JADU requirements.

A. Number of Accessory Dwelling Units ADUs.

2. Multifamily.
a. On a lot with an existing multifamily dwelling, not more than eight detached ADUs are permitted. The number of ADUs shall not exceed the number of existing units on the lot.

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3 b. On a lot with an existing multifamily dwelling, at least one ADU, up to 25 percent of the existing multifamily dwelling units, shall be permitted when constructed within the existing multifamily dwelling. In determining the maximum number of accessory dwelling units ADUs allowed, any fraction of an ADU shall be rounded down to the next whole number but not less than one.
c. On a lot with a proposed multifamily dwelling, no more than two detached ADUs. d. Units permitted under this subsection may be combined with one ADU created pursuant to local development standards, which may be detached, attached, or a conversion.

AB. Fire Sprinklers.

3. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.

CB. Rental Term. No ADUs and or JADUs shall not may be rented for a term that is shorter longer than 301 days.

DC. No Separate Conveyance. An ADU or JADU may be rented, but nNo ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (forin the case of a single-family lot) or from the lot and all of the dwellings (for in the case of duplexes or multifamily lots) except as permitted under Government Code Section 66341 66340 et seq.

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4 five years or, if the percolation test has been recertified, within the last 10 years.the system shall comply with all applicable requirements of Sonoma Water.

FE. Owner Occupancy. 1. All ADUs permitted before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was permitted.

GF. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the planning and community services director city. The deed restriction must shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1. The ADU or JADU may not be sold separately from the primary dwelling, except as authorized under Government Code Section 66340 et seq.

2. Owner-occupancy is required for parcels with a JADU if sanitation facilities are shared with the primary structure., consistent with subsection (E)(2) of this section.

4. The deed restriction runs with the land and may shall be enforced against bind future property owners.

19.45.040 ADU permit and JADU development standards.

Agenda Item #8.2:

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5 The following requirements apply only to ADUs and JADUs that require an ADU permit under SMC 19.45.060(B):

A. Maximum Size.

1. The maximum size of a An attached or detached detached or attached ADU requiring an ADU permit is shall not exceed 850 square feet of interior livable space for a studio or onebedroom unit and 1,000 square feet of interior livable space for a unit with two bedrooms that provides more than one bedroom. No more than two bedrooms are allowed.

4. The total floor area for a detached ADU shall not exceed 1,200 square feet.

5. A JADU shall not exceed 500 square feet of interior livable space, constructed within the walls of the existing or proposed single-family residence. An up to 150 square feet expansion beyond the same dimension as an existing accessory structure is allowed to accommodate ingress and egress.

C. Setbacks.

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6 dimensions as the a legally constructed existing structure, when that is converted to an accessory dwelling unit ADU or to a portion of an accessory dwelling unit ADU.

D. Height.

2. Lots With a Proposed or Existing Duplex or Multifamily Dwelling Unit. a. A detached accessory dwelling unitADU shall not exceed 18 feet from finished grade, measured to peak of the structure, on a lot with an existing or proposed multifamily, multistory dwelling.

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7 b. A single-story detached ADU shall not exceed 16 feet in height above from finished grade, measured to the peak of the structure.
c. An attached ADU may shall not exceed the maximum allowable height of the multifamily primary dwelling as allowed by the underlying zoning development requirement standards.
d. A detached ADU constructed above a proposed or existing detached garage shall not exceed 25 feet in height from finished grade, measured to the peak of the structure. A two-story detached ADU shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.

E. Provisions within Units. An ADU shall include a kitchen and other permanent provisions for living and sleeping, including a closet or other reasonable storage.

1. ADUs.
a. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.
b. ADUs shall have a separate exterior access.

2. JADUs.
a. A JADU shall include cooking facilities with appliances, food preparation counter, and storage cabinets that are of a reasonable size in relation to the size of the JADU. b. Sanitation facilities shall be provided either within the JADU or accessible in primary unit.

F. Exterior lLighting shall be shielded or directed so that it does not glare off site or illuminate any dwelling unit or adjacent property.

G. Windows shall be located to avoid line of sight to windows of adjacent properties. Obscured glass and other techniques may be used to avoid line of sight.

H. Parking. No parking is required for ADUs or JADUs. An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that Agenda Item #8.2:

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8 will preserve, to the greatest extent feasible, the privacy of the primary residence, other accessory structures, and any adjoining residences.

I. A permanent foundation shall be required for all ADUs.

J. Fees.

2. Utility Fees.
a. Converted ADUs and JADUs on a single-family lot, created under SMC

19.45.060(A)(1), are not required to have a new or separate utility connection directly between the ADU or JADU and the utility main. A connection fee or capacity charge shall not be required unless the ADU or JADU is constructed with a new primary dwelling.
b. All ADUs and JADUs not covered by subsection (J)(2)(a) of this section require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the California Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. (Ord. 04-2023 § 1(B), 2023).

19.45.050 Reserved.(Ord. 04-2023 § 1(B), 2023).

Agenda Item #8.2:

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9 19.45.0560 Approval process.

19.45.030 (General ADU and JADU requirements), it is allowed with only a building permit in the following scenarios:

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10 least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this subsection.

4. New Detached ADU – Multifamily and Duplexes. No more than two detached ADUs on a lot that has an existing or proposed duplex or multifamily dwelling if each detached ADU satisfies the following limitations:
a. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection. b. The total floor area is 800 square feet or smaller.
c. Complies with the height limit in SMC 19.45.040(D)(2)(a) or (b).

B. ADU Permit Required.

1. Except as allowed under subsection (A) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in SMC

19.45.030 (General ADU and JADU requirements) and 19.45.040 (ADU permit development standards).

B. Unpermitted ADUs.

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11 permit. If the inspector finds a violation, the city shall not penalize an applicant for having the unpermitted ADU or JADU if the applicant vacates the unit or pursues the necessary permits to correct the noncompliance with health and safety standards.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or hearing.

3. If the application to create an ADU or JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the city may delay approving or denying the permit until the city approves or denies the permit application for the new single-family or multi-family dwelling, while maintaining ministerial review for the ADU or JADU so as long as the development standards are met.
4a. Should tThe applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay.; or

Agenda Item #8.2:

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12 b. In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. (Ord. 04-2023 § 1(B), 2023).

19.45.0670 Nonconforming ADUs and discretionary approval.

19.45.0780 Termination of permit and use for ADUs and JADUs.

Section 16.02.030 (Exemptions from subdivision approval requirements) is amended as follows:

Agenda Item #8.2:

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13 J. Residential Financing or Leases. The financing or leasing of apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or accessory dwelling units ADUs in compliance with Government Code Section 66412.2.; or “granny” units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

Section 19.42.050 (Guidelines for infill development) is amended as follows:

Section 19.92.020 (Definitions of specialized terms and phrases) is amended as follows:

1. Porches, cellars, attics, and underground parking;

2. Detached garages (up to 400 square feet);

3. Second units;

34. Accessory structures with an area of 120 square feet or less.

Agenda Item #8.2:

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Code: Select Code Section: 1 or 2 or 1001 Search
CHAPTER 13. Accessory Dwelling Units 66310-66342
ARTICLE 1. General Provisions 66310-66313.5
ARTICLE 2. Accessory Dwelling Unit Approvals 66314-66331 ARTICLE 3. Junior Accessory Dwelling Units 66333-66339.5 ARTICLE 4. Accessory Dwelling Unit Sales 66340-66342
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66310.
66311.
66311.5.

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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) The Legislature finds and declares all of the following:
(a) Accessory dwelling units are a valuable form of housing in California. (b) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (c) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(d) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(e) California faces a severe housing crisis.
(f) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the wellbeing of our citizens, particularly lower and middle-income earners. (g) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (h) Accessory dwelling units are, therefore, an essential component of California’s housing supply. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) It is the intent of the Legislature that an accessory dwelling unit or a junior accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units or a junior accessory dwelling unit and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units or junior accessory dwelling units in zones in which they are authorized by local ordinance.
(Amended by Stats. 2025, Ch. 520, Sec. 1. (SB 543) Effective January 1, 2026.) (a) Fees charged for the construction of accessory dwelling units or junior accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(b) An accessory dwelling unit or junior accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit was constructed with a new single-family dwelling.
(c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has 750 square feet of interior livable space or less or a junior accessory dwelling unit that has 500 square feet of interior livable space or less. Any impact fees charged for an accessory dwelling Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Agenda Item #8.2:

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66311.7.
unit that has more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (3) For the purposes of this section and Section 17620 of the Education Code, an accessory dwelling unit or junior accessory dwelling unit that contains less than 500 square feet of interior livable space shall, for the purpose of subparagraph (C) of paragraph (1) of subdivision (a) of Section 17620 of the Education Code, be considered other residential construction that does not increase assessable space by 500 square feet. (d) For an accessory dwelling unit or a junior accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342.
(e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (Added by renumbering Section 66324 by Stats. 2025, Ch. 520, Sec. 7. (SB 543) Effective January 1, 2026.) (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or an unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following:
(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard.
(2) Informing homeowners that, before submitting an application for a permit, 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. (e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66311.5. (f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and Agenda Item #8.2:

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66312.
66313.
66313.5.
safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.
(Added by renumbering Section 66332 by Stats. 2025, Ch. 520, Sec. 9. (SB 543) Effective January 1, 2026.) Notwithstanding Section 65803, this chapter shall also apply to a charter city. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) For purposes of this chapter:
(a) “Accessory dwelling unit” 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.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet of interior livable space 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. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) “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.
(g) “Local agency” means a city, county, or city and county, whether general law or chartered. (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(m) “Public transit” means 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.
(n) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(Amended by Stats. 2025, Ch. 520, Sec. 2. (SB 543) Effective January 1, 2026.) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this chapter. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(Added by renumbering Section 66327 by Stats. 2025, Ch. 520, Sec. 8. (SB 543) Effective January 1, 2026.) Agenda Item #8.2:

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66314.

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The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(d) Require the accessory dwelling units to comply with all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
(2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (7) No setback shall be required for an existing living area 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 Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Agenda Item #8.2:

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66316.
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or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322. (11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(Amended by Stats. 2025, Ch. 67, Sec. 109. (AB 1170) Effective January 1, 2026.) Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) (1) A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits.

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66318.
(2) (A) A permitting agency shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application.
(B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A). (C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B). (E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A).
(F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (3) The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(b) If a permitting agency denies an application for an accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section. (d) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
(2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period. (Amended by Stats. 2025, Ch. 520, Sec. 3. (SB 543) Effective January 1, 2026.) (a) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article.
(b) An accessory dwelling unit ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) Agenda Item #8.2:

Page 215 of 231 ends

66319.
66320.
66321.
66322.

An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and 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 that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317.
(Amended by Stats. 2025, Ch. 520, Sec. 4. (SB 543) Effective January 1, 2026.) (a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following:
(1) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(2) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(A) Eight hundred fifty square feet of interior livable space. (B) One thousand square feet of interior livable space for an accessory dwelling unit that provides more than one bedroom.
(3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(4) Any height limitation that does not allow at least the following, as applicable:
(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (Amended by Stats. 2025, Ch. 520, Sec. 5. (SB 543) Effective January 1, 2026.) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:

Agenda Item #8.2:

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66323.
(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit. (2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(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 block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision. (b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of 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 accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination of the following units:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing singlefamily dwelling if all of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet of livable space. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
(3) (A) Multiple accessory dwelling units within the 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, if each unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from Agenda Item #8.2:

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66325.
66326.
that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units.

However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a). (c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (d) The installation of fire sprinklers shall not be required in an accessory dwelling unit or a junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit or a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (Amended by Stats. 2025, Ch. 520, Sec. 6. (SB 543) Effective January 1, 2026.) (a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article.
(b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article. (2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department.
(c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.

Agenda Item #8.2:

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66328.
66329.
(d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section.
(Amended by Stats. 2025, Ch. 510, Sec. 1. (SB 9) Effective January 1, 2026.) (a) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (b) Notwithstanding subdivision (a), a local agency shall issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, if both of the following requirements are met, even if the primary dwelling has not yet been issued a certificate of occupancy:
(1) The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor.
(2) The accessory dwelling unit has been issued construction permits and has passed all required inspections. (c) Subdivision (b) does not apply to an accessory dwelling unit attached to the primary dwelling. (Amended by Stats. 2025, Ch. 491, Sec. 1. (AB 462) Effective October 10, 2025.) (a) Except as provided in subdivision (b), nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall, pursuant to Section 66317, either approve or deny a coastal development permit application for an accessory dwelling within 60 days of receiving a completed application, and shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. The process to approve or deny a coastal development permit application under this subdivision shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317.
(b) (1) If the local government does not have a certified local coastal plan or program, as defined in Section 31001 of the Public Resources Code, then the California Coastal Commission shall either approve or deny the coastal development permit application for an accessory dwelling unit within 60 days of receiving a completed application. (2) A local government that does not have a certified local coastal plan or program shall immediately notify the California Coastal Commission that a permit application for an accessory dwelling unit is complete pursuant to Section 66317.
(3) The California Coastal Commission’s review process to approve or deny a coastal development permit application shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317 provided that the California Coastal Commission has received a completed application for a coastal development permit pursuant to Section 65943. (4) Notwithstanding paragraph (1), if the coastal development permit application to create or serve an accessory dwelling unit is submitted with a coastal development permit application to create or serve a new single-family or multifamily dwelling on the lot, the California Coastal Commission may delay approving or denying the coastal development permit application for the accessory dwelling unit until the California Coastal Commission approves or denies the coastal development permit application to create or serve the new single-family or multifamily dwelling.
(5) Except as provided in paragraph (4), if the California Coastal Commission has not approved or denied the completed coastal development permit application for the accessory dwelling unit within 60 days, the application shall be deemed approved.
(c) Any decision of a local government pursuant to subdivision (a) is not subject to appeal under Section 30603 of the Public Resources Code.
(Amended by Stats. 2025, Ch. 491, Sec. 2. (AB 462) Effective October 10, 2025.) Agenda Item #8.2:

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66330.
66331.

A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a) or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) Agenda Item #8.2:

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66333.
66333.5.

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Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization. (c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article. (d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.
(2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(g) Require that a rental of a junior accessory dwelling unit be for a term longer than 30 days. (Amended by Stats. 2025, Ch. 507, Sec. 1. (AB 1154) Effective January 1, 2026.) (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66333 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Agenda Item #8.2:

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66334.
66335.
the department may submit written findings to the local agency as to whether the ordinance complies with this article.
(b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article. (2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department.
(c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.
(d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of junior accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section.
(Added by Stats. 2025, Ch. 520, Sec. 10. (SB 543) Effective January 1, 2026.) (a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall not require additional parking as a condition to grant a permit.
(b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.
(2) (A) A permitting agency shall determine whether an application to create or serve a junior accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application.
(B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A). (C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B). (E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A).

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66335.5.
66336.
66337.
66338.
(F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (3) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot.
(4) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
(5) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article.
(d) No local ordinance, policy, or regulation, other than a junior accessory dwelling unit ordinance consistent with this article, shall be the basis for the delay or denial of a building permit or a use permit under this section. (e) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
(2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period. (Amended by Stats. 2025, Ch. 520, Sec. 11. (SB 543) Effective January 1, 2026.) When a local agency that has not adopted an ordinance governing junior accessory dwelling units in accordance with Section 66333 receives an application for a permit to create or serve a junior accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66335.
(Added by Stats. 2025, Ch. 520, Sec. 12. (SB 543) Effective January 1, 2026.) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all singlefamily residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

Agenda Item #8.2:

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66339.
66339.5.
(b) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section 66323 and the requirements of this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of a junior accessory dwelling unit.
(Added by Stats. 2025, Ch. 520, Sec. 13. (SB 543) Effective January 1, 2026.) Agenda Item #8.2:

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66340.
66341.

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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. ) For purposes of this article:
(a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(a) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. (b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (c) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property. (3) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer. (5) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. (B) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Agenda Item #8.2:

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66342.
property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(C) Procedures for dispute resolution among the parties before resorting to legal action. (d) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 66342. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements:
(a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance.
(c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
(d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(A) A lienholder may refuse to give consent.
(B) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied. (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” (3) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(A) The lienholder’s signature.
(B) The name of the record owner or ground lessee.
(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as reflected in the real property records. (E) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.

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(e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” (f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
(g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
(2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association. (h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) Agenda Item #8.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 16 Sep 2026
Department
Administration
Staff Contact
David J. Ruderman, City Attorney, Rebekah Barr,
MMC, City Clerk
Agenda Item Title
Adopt a Resolution Adopting a Reasonable Accommodations Policy for Brown Act Meetings Summary
Introduction
The City is committed to ensuring meaningful access to City public meetings for members of the public with disabilities, including through reasonable accommodations as required by law.

Staff recommend adopting a Reasonable Accommodations Policy for Brown Act Meetings to establish a consistent and transparent process for requesting and providing reasonable accommodations under the Americans with Disabilities Act (ADA) for publicly noticed Brown Act meetings, such as City Council, commission and committee meetings.

SB 707
Effective January 1, 2026, SB 707 amended the Ralph M. Brown Act to establish additional public access and remote participation requirements for certain “eligible legislative bodies,” including the ability to engage in two-way remote participation by the public. A city council qualifies as an eligible legislative body if the city has a population of 30,000 or more or if the city is located in a county with a population of 600,000 or more. The City of Sonoma does not meet either threshold and therefore is not subject to the SB 707 requirements applicable to eligible legislative bodies for remote public access.

However, the City's exemption from these SB 707 requirements does not relieve the City of its obligations under the Americans with Disabilities Act (ADA). As relevant to this policy, Title II of the ADA requires the City to provide individuals with disabilities meaningful access to City public meetings and a meaningful opportunity to attend and participate in those meetings.

SB 707 also codified a recent Attorney General’s opinion finding that cities (regardless of whether they are “eligible legislative bodies”) must allow members of its legislative bodies with a disability to appear at meetings remotely as a reasonable accommodation pursuant to the ADA.

Americans with Disabilities Act
Under Title II of the ADA, the City must provide reasonable modifications and appropriate auxiliary aids and services when necessary to ensure that individuals with disabilities have meaningful access to and an opportunity to participate in City public meetings; the City retains discretion, consistent with the ADA and based on the individual circumstances, to determine what accommodation is reasonable and appropriate, and may deny a requested modification if it would fundamentally alter the nature of the public meeting, or impose an undue financial or administrative burden.

Examples of reasonable accommodations that could be requested are:
 Qualified sign language interpreters
 Assistive listening devices
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 Real-time captioning or computer-assisted transcription  Accessible electronic or alternate-format documents
 Large-print materials
 Qualified readers
 Audio recordings
 Additional time
 Virtual participation with two-way audio (i.e., Zoom) The City will give primary consideration to the specific accommodation requested; however, the City retains discretion, consistent with the ADA, to determine what accommodation is reasonable and appropriate based on the circumstances of the request.

Proposed Public Meeting Accessibility Policy
The proposed policy establishes a uniform process for members of the public and the City’s legislative bodies (e.g., City Council, Planning Commission) to request a reasonable accommodation. The policy addresses:
 Readily available accommodations. Upon at least two business days' advance notice to the City Clerk, the City can provide accommodations such as alternative-format agendas and reports, assistive listening devices, closed captioning, qualified readers, audio recordings, large-print materials, screen-reader-compatible agendas, and accessible meeting facilities.
 Remote participation for members of the public. Remote participation (Zoom or telephonic access with the ability to provide remote public comment by audio) is available as an accommodation when a disability makes in-person attendance impracticable or substantially limits participation. Accommodating one individual does not, by itself, require the City to open remote access to the public generally.  Remote participation for legislative body members. A Council or commission member may participate remotely as a disability accommodation, subject to Brown Act safeguards: participation by both audio and video (unless the disability prevents video), disclosure of any adults present at the remote location and the member's relationship to them, and treatment of the remote appearance as in-person attendance for quorum purposes. The remote location need not be noticed or open to the public.  Additional accommodations and limits. Individuals may request accommodations beyond those listed as readily available. The City will resolve doubt in favor of accessibility and will not deny an accommodation solely for late submission if it can still reasonably be provided. The City need not provide an accommodation that imposes an undue financial or administrative burden or fundamentally alters the nature of the meeting, but will offer an effective alternative where feasible.  Request procedures. Public requests are submitted to the City Clerk (by phone or email), identifying the need, the meeting(s) involved, and contact information, ideally two business days in advance. Legislative body members request remote-participation accommodations from the City Manager, ideally at least three weeks before the first affected meeting, followed by an individualized interactive process and a written decision.
 Confidentiality. Disability-related information, including medical records, is kept confidential to the extent required by law and is not included in public meeting materials.

The policy is intended to provide staff and the public with a clear and consistent framework for requesting reasonable accommodations under the ADA.

General Public Comment Considerations
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If the Council adopts the proposed accommodations policy, staff recommends the City Council amend the process by which it accepts general public comment. Currently, the initial general public comment item (Agenda Item 1) on each agenda is limited to ten speakers. If there are more than ten speakers, those who did not have an opportunity to speak during the first public comment section are allowed to make their comments during the later public comment period (Agenda Item 10).

If the City provides members of the public with the opportunity to make remote public comments, staff recommends any such individuals not count toward the total of ten during the initial public comment item. Remote public commentors with an accommodation would be invited to provide their comments after the ten in-person commenters and not be required to wait until the end of the meeting. Staff does not anticipate there will be a significant number of such commenters. If there are, this process can be revisited. Unless the Council would like to consider a different arrangement, staff intends to revise the agenda language as proposed if the Council adopts the proposed policy.

Recommended Council Action
Adopt the resolution adopting the Reasonable Accommodations Policy for Brown Act Meetings, establishing procedures for providing reasonable accommodations and effective communication to individuals with disabilities who wish to attend, participate in, or access City public meetings.

Alternative Actions
Council discretion.

Financial Impact
Adoption of the policy is not anticipated to result in a significant ongoing fiscal impact.

Individual accommodation requests may result in costs for services such as sign language interpretation, captioning, assistive listening equipment, alternate-format materials, or other auxiliary aids. Such costs would be evaluated and addressed as needed based upon the nature of the request and applicable legal requirements.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - ADA Policy
Alignment with Council Goals:

Not Applicable
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City of Sonoma
RESOLUTION # ________ - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ADOPTING

REASONABLE ACCOMMODATIONS POLICY FOR BROWN ACT MEETINGS WHEREAS, the City is committed to ensuring that members of the public with disabilities have an equal opportunity to attend and participate in City public meetings; and WHEREAS, though the City of Sonoma is not an “eligible legislative body” under SB 707, which requires it provide remote access to its meetings by members of the public, it is subject to Title II of the ADA and must provide effective communication and make reasonable modifications to policies, practices, and procedures when necessary to provide individuals with disabilities equal access to City programs and activities, unless doing so would result in a fundamental alteration of the program or activity or an undue financial or administrative burden; and WHEREAS, the City is also committed to ensuring members of its legislative bodies that have a disability can participate in meetings remotely as a reasonable accommodation pursuant to law and to Government Code section 54953, subdivision (c); and WHEREAS, the adoption of an Reasonable Accommodations Policy for Brown Act Meetings will establish a consistent and transparent process for requesting and providing reasonable accommodation for the City Council, commission, committee, and other public meetings.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma does hereby adopt an Reasonable Accommodations Policy for Brown Act Meetings, attached hereto as Exhibit A and incorporated by this reference.

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption.

PASSED, RESOLVED, AND ADOPTED, at a regular meeting of the City Council of the City of Sonoma, on this 16th day of September 2026, the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Ron Wellander, Mayor
ATTEST:
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.1:

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Sonoma City CouncilSeptember 16, 2026

Sonoma City Council
September 16, 2026