HomeMy WebLinkAboutORD 1441URGENCY ORDINANCE NO. 1441
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 25.34.030 OF THE
CITY OF PALM DESERT MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS TO COMPLY WITH THE RECENT CHANGES IN
STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY
EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation,
duly organized under the constitution and laws of the State of California; and
WHEREAS, state law authorizes cities to act by ordinance to provide for the
creation and regulation of accessory dwelling units (“ADUs”) and junior accessory
dwelling units (“JADUs”); and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th
day of December 2025, hold a duly noticed public hearing for approval of the above-noted
Project request; and
WHEREAS, in recent years, the California Legislature has approved, and the
Governor has signed into law, numerous bills that, among other things, amend various
sections of the Government Code to impose new limits on local authority to regulate ADUs
and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed
into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for
the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent
changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to reflect the most recent changes to state law; and
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the passage of bills updating state ADU law because if the City’s
ordinance does not comply with this legislation by January 1, 2026 and the City’s ADU
ordinance becomes null and void in its entirety the City would be required to approve
ADUs and JADUs in accordance with the few default standards that are imposed by
Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state
ADU law; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, and
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architectural review, among other things, would threaten the character of existing
neighborhoods, and negatively impact property values, personal privacy, and fire safety.
These threats to public safety, health, and welfare justify adoption of this Ordinance as
an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of
the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may
adopt this Ordinance as an urgency measure in accordance with Government Code
section 36937, subdivision (b).
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as
follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference
and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17,
the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of
Division 1 of Title 7 of the California Government Code, which is California’s ADU law.
Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it
implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the
urgency Ordinance is consistent with the General Plan as a matter of law under
Government Code section 66314(c).
SECTION 4. Code Amendment. Section 25.34.030 of the Palm Desert Municipal
Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,”
attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect immediately upon its
adoption.
SECTION 6. HCD Submittal. In accordance with Government Code sections
66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the
California Department of Housing and Community Development within 60 days after
adoption.
SECTION 7. Publication. The City Clerk certifies that this Ordinance was adopted
by the City Council at a regular meeting on December 11, 2025.
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SECTION 8. Custodian of Records. The custodian of records for this Ordinance is
the City Clerk and the records comprising the administrative record are located at 73-510
Fred Waring Drive, Palm Desert, CA 92260.
SECTION 9. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid by a court of competent jurisdiction, such
invalidity has no effect on the other provisions or applications of the Ordinance that can
be given effect without the invalid provision or application, and to this extent, the
provisions of this Ordinance are severable. The City Council declares that it would have
adopted this Ordinance irrespective of the invalidity of any portion thereof.
ADOPTED ON DECEMBER 11, 2025.
________________________________
EVAN TRUBEE
MAYOR
ATTEST:
______________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Urgency Ordinance No. 1441 is a full, true, and correct copy, and was
introduced and adopted at a regular meeting of the Palm Desert City Council on
December 11, 2025, by the following vote:
AYES: HARNIK, NESTANDE, PRADETTO, QUINTANILLA, AND TRUBEE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on __________________ .
_________________________
ANTHONY J. MEJIA
CITY CLERK
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12/19/2025
Ordinance No. 1441 Page 4
EXHIBIT A
Section 25.34.030 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs) in compliance with
Chapter 13 of Division 1 of Title 7 of the California Government Code.
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this
section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning
designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or
JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to
limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in
subsection o(c)(8) below. This does not prevent the city from enforcing
compliance with applicable building standards in accordance with Health
and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “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. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California
Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to
a dwelling located on the same lot.
(3) “Complete independent living facilities” means 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.
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(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
(A) It is no more than 500 square feet of interior livable space in size.
(B) It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single-
family structure.
(C) It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing or
proposed single-family structure in addition to an exterior entrance
that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection o(c)(4)
above.
(6) “Livable space” means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
(7) “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.
(8) “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
(11) “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.
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(12) “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.
(d) Approvals. The following approvals apply to ADUs and JADUs created under this
section:
(1) Ministerial ADU and Building Permits Required. Every ADU and JADU
requires an ADU permit and a building permit. The city will review and
approve permit applications in accordance with subsection o(d)(3) below.
(2) Processing Fee. 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 Director and approved by the city council by resolution.
(3) Process and Timing.
(A) Completeness.
(i) Determination in 15 days. The city will determine whether
an application to create or serve an ADU or JADU is complete
and will provide written notice of the determination to the
applicant within 15 business days after the city receives the
application submittal.
(ii) Incomplete items. If the city’s determination under
subsection o(d)(3)(A)(i) above is that the application is
incomplete, the city’s notice must list the incomplete items and
describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is
incomplete, the applicant may cure and address the items that
were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional
information to address incomplete items, within 15 business
days of the subsequent submittal the city will determine in
writing whether the additional information remedies all the
incomplete items that the city identified in its original notice.
The city may not require the application to include an item that
was not included in the original notice.
(v) Deemed complete. If the city does not make a timely
determination as required by this subsection (A), the
application or resubmitted application is deemed complete for
the purposes of subsection o(d)(3)(C) below.
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(vi) Appeal of incompleteness. An applicant may appeal the
city’s determination that the application is incomplete by
submitting a written appeal to the city clerk. The planning
commission will review the written appeal and affirm or
reverse the completeness determination and provide a final
written determination to the applicant within 60 business days
after receipt of the appeal.
(B) No discretion or hearing. Ministerial permits for an ADU or JADU
are considered and approved without discretionary review or a
hearing.
(C) Deadline to approve or deny ministerial approvals. The city must
approve or deny an application to create an ADU or JADU within 60
days from the date that the city receives a complete application. If
the city has not approved or denied the complete application within
60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time
period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted
with a permit application to create a new single-family or
multifamily dwelling on the lot, the city may delay acting on the
permit application for the ADU or JADU until the city acts on
the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or
JADU will still be considered ministerially without discretionary
review or a hearing.
(D) Denial. If the city denies an application to create an ADU or JADU,
the city must provide the applicant with comments that include,
among other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the applicant.
Notice of the denial and corresponding comments must be provided
to the applicant within the 60-day time period established by
subsection o(d)(3)(C) above.
(E) Appeal of denial. An applicant may appeal the city’s denial of the
application by submitting a written appeal to the city clerk. The
planning commission will review the written appeal and affirm or
reverse the denial and provide a final written determination to the
applicant within 60 business days after receipt of the appeal.
(F) Concurrent review of demolition. A demolition permit for a
detached garage that is to be replaced with an ADU is reviewed with
the application for the ADU and issued at the same time.
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(e) Classes.
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved
under Government Code section 66323. If an ADU or JADU complies with
each of the general requirements in subsection (f) below, it is allowed in
each of the scenarios provided in this subsection o(e)(1). An ADU and
JADU approved under subsection o(e)(1)(A) may be combined with an
ADU approved under subsection o(e)(1)(B), and ADUs approved under
subsection o(e)(1)(C) may be combined with ADUs approved under
subsection o(e)(1)(D).
(A) Converted on Lot with Single-Family: One ADU as described in
this subsection o(e)(1)(A) and one JADU on a lot with a proposed
or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-family
dwelling; or (in the case of an ADU only) 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; and
(ii) Has exterior access that is independent of that for the single-
family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government
Code sections 66333 through 66339.
(B) Limited Detached on Lot with Single-Family: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling, if the detached ADU satisfies each of the following
limitations:
(i) The side- and rear-yard setbacks are at least four feet.
(ii) The total floor area is 800 square feet of livable space or
smaller.
(iii) The peak height above grade does not exceed the applicable
height limit in subsection o(f)(2) below.
(C) Converted on Lot with Multifamily: One or more ADUs 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
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converted ADU complies with state building standards for dwellings.
Under this subsection o(e)(1)(C), at least one converted ADU is
allowed within an existing multifamily dwelling, up to a quantity equal
to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Lot with Multifamily: No more than two
detached ADUs on a lot with a proposed multifamily dwelling, or up
to eight detached ADUs on a lot with an existing multifamily dwelling,
if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback
of less than four feet, the city will not require any modification
to the multifamily dwelling as a condition of approving the
ADU.
(ii) The peak height above grade does not exceed the applicable
height limit provided in subsection o(f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of
detached ADUs does not exceed the number of primary
dwelling units on the lot.
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under
Government Code sections 66314–66322. Except for Class 1 ADUs
approved under subsection o(e)(1) above, all ADUs are subject to the
standards set forth in subsections o(f) and o(g) below.
(f) General Requirements. The following requirements apply to all Class 1 and Class
2 ADUs and JADUs:
(1) Zoning.
(A) A Class 1 ADU approved under subsection o(e)(1) may be created
on a lot in a residential or mixed-use zone.
(B) A Class 2 ADU approved under subsection o(e)(2) above may be
created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
(C) In accordance with Government Code section 66333(a), a JADU
may only be created on a lot zoned for single-family residences.
(2) Height.
(A) Except as otherwise provided by subsections o(f)(2)(B) and
o(f)(2)(C) below, a detached ADU created on a lot with an existing
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or proposed single family or multifamily dwelling unit may not exceed
16 feet in height.
(B) A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or high quality transit corridor, as those terms are defined
in Section 21155 of the Public Resources Code, and the ADU may
be up to two additional feet in height (for a maximum of 20 feet) if
necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
(C) A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25
feet in height or the height limitation imposed by the underlying zone
that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection
o(f)(2)(D) may not exceed two stories.
(E) For purposes of this subsection o(f)(2), height is measured from
existing legal grade or the level of the lowest floor, whichever is
lower, to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU or JADU if sprinklers are
required in the primary residence.
(B) The construction of an ADU or JADU does not trigger a requirement
for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental Term. No ADU or JADU may be rented for a term that is shorter
than 30 days. This prohibition applies regardless of when the ADU or JADU
was created.
(5) No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code section 66341, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single-family lot) or from the lot and all of
the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-
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.
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(7) Owner Occupancy.
(A) ADUs. ADUs are not subject to an owner-occupancy requirement.
(B) JADUs.
(i) Generally. As required by state law, JADUs are generally
subject to an owner-occupancy requirement. A 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.
(ii) Exceptions. The owner-occupancy requirement in this
subsection o(f)(7)(B) does not apply in either of the following
situations:
(I) The JADU has separate sanitation facilities (i.e., does
not share sanitation facilities with the existing primary
dwelling unit structure).
(II) The property is entirely owned by another
governmental agency, land trust, or housing
organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an
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 Director. The deed
restriction must 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:
(A) The JADU may not be sold separately from the primary dwelling.
(B) The JADU is restricted to the approved size and to other attributes
allowed by this section.
(C) The deed restriction runs with the land and may be enforced against
future property owners.
(D) The deed restriction may be removed if the owner eliminates the
JADU, as evidenced by, for example, removal of the kitchen facilities.
To remove the deed restriction, an owner may make a written
request of the Director, providing evidence that the JADU has in fact
been eliminated. The Director may then determine whether the
evidence supports the claim that the JADU has been eliminated.
Appeal may be taken from the Director’s determination consistent
with other provisions of this Code. If the JADU is not entirely
physically removed, but is only eliminated by virtue of having a
necessary component of an JADU removed, the remaining structure
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and improvements must otherwise comply with applicable provisions
of this Code.
(E) The deed restriction is enforceable by the director or his or her
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, obtaining
an injunction enjoining the use of the JADU in violation of the
recorded restrictions or abatement of the illegal unit.
(9) Building & Safety.
(A) Must comply with building code. Subject to subsection o(f)(9)(B)
below, all ADUs and JADUs must comply with all local building code
requirements.
(B) No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code,
unless the building official makes a written finding based on
substantial evidence in the record that the construction of the ADU
could have a specific, adverse impact on public health and safety.
Nothing in this subsection o(f)(9)(B) prevents the city from
changing the occupancy code of a space that was uninhabitable
space or that was only permitted for nonresidential use and was
subsequently converted for residential use in accordance with this
section.
(10) Certificate of Occupancy Timing.
(A) Generally. No certificate of occupancy for an ADU or JADU may be
issued before the certificate of occupancy is issued for the primary
dwelling unit.
(B) Limited Exception for State-declared Emergencies.
Notwithstanding subsection o(f)(10)(A) above, a certificate of
occupancy for an ADU may be issued before a certificate of
occupancy for the primary dwelling if each of the following
requirements are met:
(i) The county is subject to a proclamation of a state of
emergency made by the California Governor on or after
February 1, 2025.
(ii) The primary dwelling was substantially damaged or destroyed
by an event referenced in the Governor’s state of emergency
proclamation.
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(iii) The ADU has been issued construction permits and has
passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(g) Specific ADU Requirements. The following requirements apply only to Class 2
ADUs approved under subsection o(e)(2) above. This subsection o(g) does not
apply to Class 1 ADUs or JADUs approved under subsection o(e)(1) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this
subsection o(g) is 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 or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the existing
primary dwelling.
(C) Application of other development standards in this subsection o(g),
such as FAR or lot coverage, might further limit the size of the ADU,
but no application of the percent-based size limit in subsection
o(g)(1)(B) above or of an FAR, front setback, lot coverage limit, or
open-space requirement may require the ADU have less than 800
square feet of interior livable space.
(2) Setbacks.
(A) ADUs that are subject to this subsection o(g) must conform to 4-
foot side and rear setbacks. ADUs that are subject to this subsection
o(g) must conform to 20-foot front setbacks, subject to subsection
o(g)(1)(C) above.
(B) No setback is required for an ADU that is subject to this subsection
o(g) if the ADU is constructed in the same location and to the same
dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection o(g) may cause the
total lot coverage of the lot to exceed 50 percent, subject to subsection
o(g)(1)(C) above.
(4) Minimum Open Space. No ADU subject to this subsection o(g) may
cause the total percentage of open space of the lot to fall below 50 percent,
subject to subsection o(g)(1)(C) above.
(5) Passageway. No passageway, as defined by subsection o(c)(9) above,
is required for an ADU.
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(6) Parking.
(A) Generally. One off-street parking space is required for each ADU or
bedroom, whichever is less. The parking space may be provided in
setback areas or as tandem parking, as defined by subsection
o(c)(12) above.
(B) Exceptions. No parking under subsection o(g)(6)(A) is required in
the following situations:
(i) The ADU is located within one-half mile walking distance of
public transit, as defined in subsection o(c)(11) above.
(ii) The ADU is located within an architecturally and historically
significant historic district.
(iii) The ADU is part of the proposed or existing primary residence
or an accessory structure.
(iv) When on-street parking permits are required but not offered
to the occupant of the ADU.
(v) When there is an established car share vehicle stop located
within one block of the ADU.
(vi) When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU or
the lot satisfies any other criteria listed in subsections
o(g)(6)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking
structure, or uncovered parking space is demolished in conjunction
with the construction of an ADU or converted to an ADU, those off-
street parking spaces are not required to be replaced.
(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and
doors must be the same as those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
(C) The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
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(D) The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet
wide in every direction, with a minimum interior wall height of seven
feet.
(F) No window or door of the ADU may have a direct line of sight to an
adjoining residential property. Each window and door must either be
located where there is no direct line of sight or screened using
fencing, landscaping, or privacy glass to prevent a direct line of sight.
(G) All windows and doors in an ADU less than 30 feet from a property
line that is not a public right-of-way line must either be (for windows)
clerestory with the bottom of the glass at least six feet above the
finished floor, or (for windows and for doors) utilize frosted or obscure
glass.
(8) Historical Protections. An ADU that is on or within 600 feet of real property
that is listed in the California Register of Historic Resources must be located
so as to not be visible from any public right-of-way.
(9) Allowed Stories. No ADU subject to this subsection o(g) may have more
than one story, except that an ADU that is attached to the primary dwelling
may have the stories allowed under subparagraph o(f)(2)(D) of this
section.
(h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class
2 ADUs that are approved under subsections o(e)(1) or o(e)(2) above.
(1) Impact Fees.
(A) No impact fee is required for a JADU or for an ADU that has less
than 750 square feet of interior livable space. For purposes of this
subsection o(h)(1), “impact fee” means a “fee” under the Mitigation
Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act
(Gov. Code § 66477). “Impact fee” here does not include any
connection fee or capacity charge for water or sewer service.
(B) A JADU or ADU with less than 500 square feet of interior livable
space does not increase assessable space by 500 square feet for
purposes of Education Code section 17620(a)(1)(C), and is therefore
not subject to school fees under Education Code section 17620.
(C) Any impact fee that is required for an ADU that has 750 square feet
or more of interior livable space must be charged proportionately in
relation to the square footage of the primary dwelling unit. (E.g., the
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floor area of the ADU, divided by the floor area of the primary
dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a
separate utility connection directly between the ADU or JADU and
the utility and payment of the normal connection fee and capacity
charge for a new dwelling are required.
(B) Except as described in subsection o(h)(2)(A), JADUs and
converted ADUs on a single-family lot that are created under
subsection o(e)(1)(A) above are not required to have a new or
separate utility connection directly between the JADU or ADU and
the utility. Nor is a connection fee or capacity charge required.
Notwithstanding the rest of this paragraph, a direct utility connection
is required for separate conveyance of an ADU when separate
conveyance is allowed under this code.
(C) Except as described in subsection o(h)(2)(A), all ADUs that are not
covered by subsection o(h)(2)(B) require a new, separate utility
connection directly between the ADU and the utility for any utility that
is provided by the city. All utilities that are not provided by the city are
subject to the connection and fee requirements of the utility provider.
(i) The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the ADU
based on either the floor area or the number of drainage-
fixture units (DFU) values, as defined by the Uniform
Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this service.
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020.
(A) Permit to Legalize. As required by state law, the city may not deny
a permit to legalize an existing but unpermitted ADU or JADU that
was constructed before January 1, 2020, if denial is based on either
of the following grounds:
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(i) The ADU or JADU violates applicable building standards, or
(ii) The ADU or JADU does not comply with state ADU or JADU
law or this ADU ordinance (section NN.NNN).
(B) Exceptions:
(i) Notwithstanding subsection o(i)(2)(A) above, the city may
deny a permit to legalize an existing but unpermitted ADU or
JADU that was constructed before January 1, 2020, if the city
makes a finding that correcting a violation is necessary to
comply with the standards specified in California Health and
Safety Code section 17920.3.
(ii) Subsection o(i)(2)(A) above does not apply to a building that
is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.
(j)
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EXHIBIT A
Amended ADU Regulations
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