207.2

SEC. 207.2. STATE MANDATED ACCESSORY DWELLING UNIT PROGRAM. (a) Exception to Dwelling Unit Density Limits for Certain Accessory Dwelling Units Under the State-Mandated Program. An exception to the calculations under Section 207 of this Code shall be made for Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), as defined in Section 102 of this Code, meeting the requirements of this Section 207.2 and California Government Code Sections 66314 through 66333, which require ministerial consideration of ADUs and JADUs that meet certain standards. (b) Applicability. This Section 207.2 shall apply to the construction of ADUs and JADUs in or attached to existing or proposed dwellings, or in a detached structure on the same lot, if the ADU meets the applicable requirements of this Section 207.2 and California Government Code Sections 66314 through 66333. An ADU constructed pursuant to this Section 207.2 is considered a residential use that is consistent with the General Plan and the zoning designation for the lot. Adding an ADU or JADU in compliance with this Section 207.2 does not exceed the allowable density for the lot. Planning Director Bulletin No. 3, entitled “State Accessory Dwelling Unit Program,” sets forth a comprehensive list of State and local requirements applicable to ADUs approved under this Section 207.2. (c) Streamlined ADUs Under Government Code Sections 66323 and 66333. California Government Code Sections 66323 and 66333 require ministerial consideration of ADUs and JADUs that meet certain standards (“Streamlined ADUs”). The City shall approve Streamlined ADUs meeting the following requirements, in addition to the requirements of Government Code Sections 66323 and 66333: (1) A detached, new construction Streamlined ADU on a lot containing a proposed or existing single-family dwelling shall not exceed the applicable height limit contained in subsection 207.2(d)(9), and shall be no greater than 850 square feet in Gross Floor Area for an ADU that provides one bedroom or less, and no greater than 1,000 square feet in Gross Floor Area for an ADU that provides more than one bedroom. (2) A detached, new construction Streamlined ADU on a lot containing a proposed or existing multifamily dwelling shall not exceed the applicable height limit contained in subsection 207.2(d)(9).

(d) Attached and All Other State-Mandated ADUs. The purpose of this subsection 207.2(d) is to implement California Government Code Sections 66314 through 66333, which require streamlined, ministerial approval of ADUs meeting certain standards that are not eligible for approval under California Government Code Section 66323. An ADU located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling, and that is constructed pursuant to this subsection 207.2(d), shall meet all of the following requirements, in addition to the requirements of subsection 207.2(b) and any other applicable standards; provided, however, that the City shall not impose any requirement for a zoning clearance or separate zoning review, any minimum or maximum size for an ADU, any size based upon a percentage of the proposed or existing primary dwelling, or any 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 construction of an ADU meeting all other requirements that is 800 square feet or less in Gross Floor Area, 16 feet or less in height, and with four foot side and rear yard setbacks. ADUs under this subsection 207.2(d) shall meet the following conditions: (1) Only one ADU will be constructed. (2) The ADU will be located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling. (3) The lot on which the ADU is proposed does not contain another ADU or JADU. (4) The ADU is either (A) attached to or will be constructed entirely within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure on the same lot, or (B) attached to or will be constructed entirely within a proposed or legally existing detached structure on the same lot, or (C) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (5) Size Limits. (A) Attached ADU Size Limit. If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides one bedroom or less shall not exceed 50% of the Gross Floor Area of the existing primary dwelling or 850 square feet, whichever is greater. If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides more than one bedroom shall not exceed 50% of the Gross Floor Area of the existing primary dwelling or 1,000 square feet, whichever is greater. (B) Detached ADU Size Limit. The Gross Floor Area of a detached ADU that provides one bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached ADU that provides more than one bedroom shall not exceed 1,000 square feet. (6) Passageway. No passageway shall be required in conjunction with construction of an ADU. (7) Setbacks. No setback is required for an ADU located within an existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and constructed to the same dimensions as the structure being replaced. A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from either an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure; provided, however, that for an ADU that is part of new construction, such setback shall be required only for the portions of the ADU outside of the buildable area of the lot. (8) Garages. When a garage, carport, or covered parking structure is proposed to be demolished in conjunction with the construction of an ADU or converted to an ADU, replacement of those off-street parking spaces is not required; and a permit to demolish a detached garage that is to be replaced with an ADU shall be reviewed with the application to construct the ADU and issued at the same time. (9) Height limits. The ADU shall not exceed the following height limits: (A) A height of 18 feet for a detached ADU on a lot with an existing or proposed dwelling. An additional two feet in height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (B) A height of 25 feet for an ADU that is attached to the primary dwelling. (10) Historic Resources. For projects involving a property listed in the California Register of Historic Places, or a property designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11 of this Code, the ADU or JADU shall comply with any objective architectural review standards adopted by the Historic Preservation Commission to prevent adverse impacts to such historic resources. Such projects shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter. (e) Permit Application Review and Approval. No requests for discretionary review shall be accepted by the Planning Department for an ADU or JADU meeting the requirements of this Section 207.2. The Planning Commission shall not hold a public hearing for discretionary review of an ADU or JADU meeting the requirements of this Section 207.2. An ADU or JADU meeting the requirements of this Section 207.2 shall not be subject to the notification or review requirements of Section 311 of this Code. (f) Prohibition of Short-Term Rentals. An ADU or JADU authorized under this Section 207.2 shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code. (g) Rental; Restrictions on Subdivisions. An ADU or JADU constructed pursuant to this Section 207.2 may be rented and is subject to all applicable provisions of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code). Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU or JADU authorized under this Section 207.2 shall not be subdivided in a manner that would allow for the ADU or JADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership, except that this prohibition on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements of either: California Government Code Section 66341, or Section 207.4 and Subdivision Code Section 1316. (h) Recordation for Junior ADUs. The following restrictions shall be recorded as a Notice of Special Restriction, as required by California Government Code Section 66333(c), on the subject lot on which a JADU is constructed under this Section 207.2 and shall be binding on all future owners and successors in interest: (1) Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with a JADU authorized under this Section 207.2 shall not be subdivided in a manner that would allow for the JADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership, except that this prohibition on separate sale or finance of the JADU shall not apply to a JADU that meets the requirements of California Government Code Section 66333(f). (2) The size and attributes of a JADU constructed pursuant to this Section 207.2 shall comply with the requirements of this Section 207.2 and California Government Code Section 66333. (i) Department Report. As part of the annual Housing Inventory, the Department shall report the types of units being developed pursuant to this Section 207.2, their affordability rates, and such other information as the Director or the Board of Supervisors determines would inform decision-makers and the public. (j) Fees. No impact fees shall be imposed on ADUs or JADUs authorized under this Section 207.2, where the ADU or JADU is smaller than 750 square feet of Gross Floor Area, or for ADUs that are proposed in lots with three existing units or fewer. Impact fees for all other ADUs shall be imposed proportionately in relation to the Gross Floor Area of the primary dwelling unit. (Added by Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; amended by Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 113-25, File No. 241069, App. 7/11/2025, Eff. 8/11/2025; Ord. 222-25, File No. 250892, App. 11/21/2025, Eff. 12/22/2025) (Former Sec. 207.2 added by Ord. 155-84, App. 4/11/84; amended by Ord. 526-85, App. 11/27/85; Ord. 324-86, App. 8/8/86; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016) AMENDMENT HISTORY Divisions (a), (d), (d)(1)(F), (e), (e)(7), (f), (h), and (i) amended; second division (i)1 and divisions (j)-(k) redesignated as (j)-(l), respectively; current divisions (j)-(j)(2) and (k) amended; Ord. 297-24 , Eff. 1/19/2025. Division (i) amended; Ord. 113-25 , Eff. 8/11/2025. Divisions (c)-(c)(4), (d)(1)-(d)(4)(E), (e)(9)(B)-(C), and (g) deleted; divisions (a), (b) amended; divisions (d), (e), (e)(5)-(6), (e)(9)(A)-(D), (f), (h), (i), (j), (k), (l) amended and redesignated as (c), (d), (d)(5)-(d)(5)(B), (d)(9) (A)-(B), (e), (f), (g), (h), (i), (j); new divisions (c)(1)-(2), (d)(6), (d)(10) added; Ord. 222-25 , Eff. 12/22/2025. CODIFICATION NOTE 1. As adopted by Ord. 62-24, Section 207.2 contained two subsections designated (i). SEC. 207.3. AUTHORIZATION OF DWELLING UNITS CONSTRUCTED WITHOUT A PERMIT IN AN EXISTING BUILDING ZONED FOR RESIDENTIAL USE. (See Interpretations related to this Section) Notwithstanding Section 207.2 or any other provision of this Code, certain dwelling units that were constructed without benefit of permit in an existing residential building or in an ancillary structure located on the same lot may be granted legal status subject to the conditions and procedures set forth below. For purposes of this Section 207.3, a dwelling unit shall not