SEC. 16-465.5. STANDARDS FOR ADU PERMITTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66323.
Notwithstanding all other provisions of this chapter, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any combination of the following ADU units pursuant to Cal. Gov’t Code Section 66323:
(A) One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
(1) The ADU or JADU is within the proposed space of a single-family 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. If an expansion of an accessory structure beyond 150 square feet is proposed, the ADU shall be subject to and comply with all development standards applicable to a new ADU in Section 16-465.7.
(2) The space has exterior access from the proposed or existing single-family dwelling.
(3) The side and rear setbacks are sufficient for fire and safety.
(4) The JADU complies with the requirements of Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Cal. Gov’t Code, which are provided below in Section 16-465.10.
(B) One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The following conditions apply to an ADU proposed pursuant to this paragraph (B):
(1) A total gross floor area of not more than 800 square feet of livable space.
(2) A maximum height as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Cal. Gov’t Code Section 66321, as follows:
(a) A detached ADU may not exceed 16 feet in height, as measured from finished grade, on a lot with an existing or proposed single family or multi-family dwelling unit.
(b) A detached ADU may not exceed 18 feet in height as measured from finished grade on a lot with an existing or proposed single family or multi-family dwelling unit that is within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Cal. Public Resources Code. Additionally, within a half-mile walking distance of a major transit stop or a high-quality transit corridor an additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(c) A detached ADU may not exceed 18 feet in height as measured from finished grade for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.
(C) Multiple ADUs within the portions of existing multi-family 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. The city shall allow at least one ADU within an existing multifamily dwelling and shall allow up to 25% of the existing multi-family dwelling units.
(D) Multiple ADUs, not to exceed the number specified below, as applicable, that are located on a lot that has an existing or proposed multi-family dwelling, but are detached from that multi-family dwelling.
(1) Height limited to subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Cal. Gov’t Code Section 66321, also identified above in Sec.16-465.5(B)(2), as applicable.
(2) Rear yard and side setbacks of no more than four feet.
(3) On a lot with an existing multi-family dwelling, not more than eight detached ADUs. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(4) On a lot with a proposed multi-family dwelling, not more than two detached ADUs.
(5) If the existing multi-family dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multi-family dwelling as a condition of approving the application to construct an ADU that satisfies the requirements of this section.
(E) The city shall not impose any objective development or design standard that is not authorized by this section upon any ADU or JADU that meets the requirements of this section.
(F) The installation of fire sprinklers shall not be required in an ADU of JADU if sprinklers are not required for the primary residence. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(G) The rental of any ADU or JADU created pursuant to this section must be for a term longer than 30 days.
(H) ADU and JADU construction shall comply with building code and health and safety requirements for dwellings.
(Ord. No. 3072)