HomeMy WebLinkAboutPC_2025-12-16_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION AGENDA
MEETING INFORMATION:
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DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
California Government Code section 84308 (“Levine Act”) requires a party to or participant in a proceeding
involving a license, permit, or other entitlement, including all contracts other than competitively bid, labor, or
personal employment contracts, to disclose any contribution of more than $500 that the party or participant (or
their agent) has made to a member of the Planning Commission within the prior 12 months. The Planning
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by verbal disclosure during consideration. The Levine Act also prohibits, during the proceeding and for 12
months following a final decision, a party to or participant in (or their agent) a proceeding involving a license,
permit, or other entitlement, including all contracts other than competitively bid, labor, or personal employment
contracts, from making a contribution of more than $500 to any member of the Planning Commission or anyone
running for City Council.
Planning Commission agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda
are on file in the office of the Community Development Department and are available for public inspection on
our website, www.atascadero.org. Resolutions will be allocated a number once they are approved by the
Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by
the public during Commission meetings that are made a part of the record or referred to in their statement will
be noted in the Minutes and available for review by contacting the Community Development Department. All
documents will be available for public inspection by appointment during City Hall business hours.
CITY OF ATASCADERO
PLANNING COMMISSION
AGENDA
Tuesday, December 16, 2025, 6:00 p.m.
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
Pages
A.CALL TO ORDER
1.Pledge of Allegiance
B.ROLL CALL
Chairperson Keen
Vice Chairperson Anderson
Commissioner Ferrell
Commissioner Heath
Commissioner Jones
Commissioner O'Malley
Commissioner Pennachio
C.PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on this agenda and over which the Commission
has jurisdiction. Speakers are limited to three minutes. Please state your name
for the record before making your presentation. The Commission may take
action to direct the staff to place a matter of business on a future agenda.)
D.CONSENT CALENDAR
(All items on the consent calendar are considered to be routine and non-
controversial by City staff and will be approved by one motion if no member of
the Commission of public wishes to comment or ask questions.)
1.Draft Minutes Planning Commission Meeting 11-04-25 3
E.PLANNING COMMISSION BUSINESS
None
F.COMMUNITY DEVELOPMENT STAFF REPORTS
G.PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak.
After a staff report, the Chair will open the public hearing and invite the applicant
or applicant’s representative to make any comments. Members of the public will
be invited to provide testimony to the Commission following the applicant.
Speakers should state their name for the record and can address the
Commission for three minutes. After all public comments have been received,
the public hearing will be closed, and the Commission will discuss the item and
take appropriate action(s).
1.ADU Ordinance Update 6
Planning Commission adopt Draft PC Resolution recommending the City
Council amend Title 9, Planning & Zoning, to revise Chapter 5,
Accessory Dwelling Units (ZCH25-0064), for consistency with State law.
H.COMMISSIONER COMMENTS AND REPORTS
On their own initiative, Commissioners may make a brief announcement or a
brief report on their own activities.
I.DIRECTOR'S REPORT
J.ADJOURNMENT
The next regular meeting will be held on DATE
Page 2 of 22
PC 11/4/2025 | Item D1
PC Draft Minutes of 11/4/2025
Page 1 of 3
stat
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Tuesday, November 4, 2025
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero
Planning Commission Regular Session: 6:00 P.M.
REGULAR SESSION - CALL TO ORDER - 6:00 p.m.
Chairperson Keen called the meeting to order at 6:03 p.m. and Commissioner Ferrell led
the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Keen, Vice Chairperson Anderson, Commissioners
Ferrell, Heath, and O’Malley
Absent: Jones, and Pennachio excused absence
Others Present: Members of the public
Staff Present: Planning Manager Kelly Gleason, Assistant Planner Will Daniels,
Assistant City Attorney Taylor Foland, Recording Secretary Jessica
Applegate, Administrative Assistant Crystal Horn, Clerical Assistant
Libby Carri, Associate Planner Erick Gomez
CONSENT CALENDAR
PUBLIC COMMENT:
Chairperson Keen opened the Public Comment period.
The following person spoke on this item: None
Chairperson Keen closed the Public Comment period.
1. APPROVAL OF THE DRAFT MINUTES OF OCTOBER 21, 2025
Recommendation: Commission approve the October 21, 2025 Minutes
Page 3 of 22
PC 11/4/2025 | Item D1
PC Draft Minutes of 11/4/2025
Page 2 of 3
MOTION BY: Anderson
SECOND BY: Heath
1. Approve Consent Calendar (#1)
AYES (5):
NO ():
ABSENT (2): Jones, Pennachio
Passed 5-0
PLANNING COMMISSION BUSINESS
None
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
2. Central Coast Shed and Steel Sales Lot Conditional Use Permit (USE25-0060)
The applicant, Central Coast Shed and Steel, proposes to establish an outdoor sales
lot for prefabricated sheds on the undeveloped portion of a 1.95-acre property zoned
Commercial Tourist and located at 9700 El Camino Real. The sales lot will occupy the
0.64-acre southwest portion of the subject property with frontage along East Front
Street and will include approximately 14,200 square feet of outdoor sales area. The
remaining 7,000 square feet will accommodate a 420 SF sales office, parking, portable
restrooms, and loading/unloading areas. Site access is proposed from East Front
Street, with no access to the existing California Meridian building parking lot.
Recommendation: Staff’s recommendation is for the Planning Commission to
approve Conditional Use Permit USE25-0060 requesting an outdoor sales lot
with a modification to fencing and screening standards at 9700 El Camino Real
(APN 056-081-036), based on findings and subject to conditions of approval.
DISCLOSURE OF EX PARTE COMMUNICATIONS
None
PUBLIC COMMENT:
Chairperson Keen opened the Public Comment period.
The following people spoke on this item: Dallan Borboa (applicant), Ted Jacobson, Drew
Lewis
Chairperson Keen closed the Public Comment period.
Page 4 of 22
PC 11/4/2025 | Item D1
PC Draft Minutes of 11/4/2025
Page 3 of 3
2. Approve USE25-0060
MOTION BY: Keen
SECONDED BY: Anderson
1. Planning Commission adopt Draft Resolution approving
Conditional Use Permit (USE25-0060) requesting an outdoor sales
lot with a modification to fencing and screening standards at 9700
El Camino Real (APN 056-081-036), based on findings and subject
to conditions of approval, with the fencing modification to include
allowing the existing chain link fencing along East Front Street to
remain as is (modification to condition 10).
AYES (5):
NO ()
ABSENT (2): Jones, Pennachio
Passed 5-0
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTOR’S REPORT
Planning Manager Gleason gave an update on projects in the city.
ADJOURNMENT
Chairperson Keen adjourned the meeting at 6:38 PM
MINUTES PREPARED BY:
____________________________
Jessica Applegate, Recording Secretary
Permit Technician
APPROVED:
Page 5 of 22
12/16/25 | Item G1 | Staff Report
Department: Community
Development
Date: 12/16/2025
Placement: Public Hearing
TO: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: KELLY GLEASON, PLANNING MANAGER
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: ADU Ordinance Update
RECOMMENDATION:
Planning Commission adopt Draft PC Resolution recommending the City Council amend Title 9,
Planning & Zoning, to revise Chapter 5, Accessory Dwelling Units (ZCH25-0064), for consistency
with State law.
DISCUSSION:
BACKGROUND
The City adopted an Accessory Dwelling Unit (ADU) ordinance in 2003. State law related to ADUs
constantly evolves and the City performed a comprehensive update to the ADU code text in
January 2025. That update was sent to the State Department of Housing and Community
Development (HCD) shortly following adoption. The State recently contacted the City after their
review of the ordinance and has requested a number of minor changes for clarity. In addition, the
State recently passed AB1154 which requires updates to regulations governing JADUs. Most other
communities in our region have received similar letters from HCD requesting additional
clarification and alignment with State law determinations.
ANALYSIS:
The proposed code text amendment would make minor modifications to the City’s ADU
regulations intended to improve the ordinance’s clarity, efficacy, and consistency with State law.
Most notably, the State has required an amendment to the municipal code section related to
ADUs developed on multi-family properties and setbacks for ADUs on both single-family and
multi-family properties.
ADUs IN MULTI-FAMILY DISTRICTS
The Municipal Code currently allows for ADUs to be constructed on a multi-family zoned property
only once the maximum site density has been achieved. The State has determined that the intent
of State law is to allow ADUs on any multi-family zoned site regardless of whether the site is built
to maximum density. This would allow properties zoned multi-family to develop ADUs prior to
building out a site with its intended maximum density. New state law also allows the same
Page 6 of 22
12/16/25 | Item G1 | Staff Report
number of ADUs to be built on a site as the existing number of primary (or standard multi-family
units) units, up to a maximum of 8 per site.
SETBACKS
The existing ADU ordinance requires a minimum 10-foot side and rear setback if the ADU exceeds
1,000 square-feet. The City adopted this to ensure neighborhood compatibility, especially on
larger lots in our more rural areas. The State has reviewed this section and found it to be in conflict
with the intent of State law, which has allowances for a 4-foot minimum side and rear setback.
Draft AMC sections 9-5.050(a)(1) and 9-5.050(f) reflect the state mandates.
JADU REGULATIONS (SB1154)
SB1154 was passed in July 2025 and goes into effect January 1, 2026. This law eliminates the
owner occupancy requirement for JADUs unless sanitation facilities are shared with the primary
residence. Draft AMC section 9-5.060(e) and references in 9-5.050(i) illustrate these
amendments.
MINOR AMENDMENTS
The proposed code text amendment includes minor changes intended to improve the clarity of
the ordinance and its consistency with State law. Minor changes include:
• Updating State law sections for cross reference.
• Modifications to the section requiring deed notifications to eliminate language
inconsistent with State law.
• Added clarification that the addition of an ADU to a property does not trigger sprinkler
requirements for the existing primary residence.
CONCLUSION
The proposed text amendment to the City’s ADU ordinance aims to ensure that local regulations
align with State law. These updates address requirements for multifamily ADU development,
setbacks, updated JADU requirements, while adding various minor changes for consistency and
readability.
ENVIRONMENTAL DETERMINATION:
This Project is exempt from the California Environmental Quality Act (CEQA), Public Resources
Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that
the enactment of this Ordinance would have a significant effect on the environment (Pub.
Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3).
FINDINGS:
To recommend approval of a zone text amendment, the Planning Commission must make the
following findings. These findings and the facts to support these findings are included in the
attached resolution.
Page 7 of 22
12/16/25 | Item G1 | Staff Report
1. The Planning and Zoning Text Change is consistent with General Plan policies and all other
applicable ordinances and policies of the City;
2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable;
3. The Text Change will not, in itself, result in significant environmental impacts.
ALTERNATIVES TO THE STAFF RECOMMENDATION:
1. The Planning Commission may recommend modifications to the proposed code
amendments.
2. The Planning Commission may determine that more information is needed on some
aspect of the amendments and may refer the item back to staff to develop the additional
information. The Commission should clearly state the type of information that is required
and move to continue the item to a future date.
FISCAL IMPACT:
Consistency with State law requires that the City allow ADUs on multi-family zoned properties
prior to buildout. ADUs, per State law, pay no or reduced development impact fees. Allowing
ADUs prior to, and in many cases instead of, the construction of primary units will result in less
funds paid toward the City’s Development Impact Fees which may impact our ability to provide
services and infrastructure. Under existing State law, the City does not have any alternatives to
this requirement.
REVIEWED BY OTHERS:
This item has been reviewed by the Community Development Director and the City Attorney.
ATTACHMENT(S):
1. Draft Resolution
Page 8 of 22
12/16/25 | Item G1 | Attachment 1
DRAFT PC RESOLUTION
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THE CITY COUNCIL AMEND TITLE 9, PLANNING & ZONING, TO
REVISE CHAPTER 5, ACCESSORY DWELLING UNITS, FOR
CONSISTENCY WITH STATE LAW AND CLARITY RELATED TO
DEVELOPMENT STANDARDS, AND DETERMINING THIS ORDINANCE
IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
ACCESSORY DWELLING UNITS
(ZCH25-0064)
WHEREAS, the City of Atascadero is considering Zoning Code Text Change
Amendments to Title 9 of the Atascadero Municipal Code for consistency with newly enacted
State laws and HCD comments regarding existing ordinance consistency with State law; and
WHEREAS, the State of California has adopted revisions, repeals, and amendments to
Government Code Sections 66314 through 66323, in addition to Government Code Sections
66311.5, 66333, within the provisions of Assembly Bill 1154 and Senate Bill 543, which requires
an update to existing City ordinances for consistency; and
WHEREAS, ADUs and Junior ADUs do not count as additional residential density per
State law for the purposes of zoning compliance and CEQA; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact these amendments to Chapter 5 of Title 9, Planning and Zoning, of the Municipal
Code for consistency with State law and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Planning and Zoning Text Amendment; and
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
Atascadero, California, makes the following findings, determinations, and recommendations with
respect to the proposed Zoning Code Text Amendment:
Page 9 of 22
12/16/25 | Item G1 | Attachment 1
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a
regular session assembled on December 16, 2025, resolved to approve a Zoning Code Text
Amendment to update Title 9, Chapter 5, Accessory Dwelling Units, for consistency with State
law and clarity relating to development standards (ZCH25-0064).
SECTION 3. Findings. The Planning Commission finds as follows:
1. The Planning and Zoning Text Change is consistent with General Plan policies and all
other applicable ordinances and policies of the City;
Fact: The proposed amendment updates an existing chapter for consistency with State
law. The updates are consistent with the City’s Housing Element and are intended to
implement revisions to the Government Code associated with Senate Bill 543 and
Assembly Bill 1154.
2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient
use of lands where such development standards are applicable;
Fact: The proposed amendment will result in consistency with State law and clarify
development standards for ease of understanding and implementation. Regulations in
the Atascadero Municipal Code will continue to provide for the safe and orderly
development of Accessory and Junior Accessory Dwelling Units consistent with State
law.
3. The Text Change will not, in itself, result in significant environmental impacts.
Fact: The State of California does not recognize accessory or junior accessory dwelling
units as primary units for the purposes of determining density nor as projects for the
purposes of environmental review. Standards in the Atascadero Municipal Code
intended to minimize the environmental impact of ADU development are not proposed
to be modified as part of this amendment.
SECTION 4. CEQA. This ordinance is exempt from the California Environmental Quality
Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty
that there is no possibility that the enactment of this Ordinance would have a significant effect on
the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3).
SECTION 5. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on December 16, 2025, resolved to recommend that
the City Council introduce, for first reading by title only, an Ordinance that would amend Title 9,
Chapter 5 of the Atascadero Municipal Code consistent with the following:
EXHIBIT A: Amendments to Title 9, Chapter 5
Page 10 of 22
12/16/25 | Item G1 | Attachment 1
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Tori Keen
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
Page 11 of 22
Amend Sections 9-5.010 through 9-5.070 as follows:
§ 9-5.010 Purpose.
(a) The purpose of this chapter is to prescribe objective development and site regulations
that apply, except where specifically stated, to accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs). This chapter is intended to implement Government Code
Sections 66310 to 66342, as amended from time to time. Implementation of this chapter is
meant to expand housing opportunities by increasing the number of smaller units available
within existing neighborhoods while meeting Statewide housing goals and responding to
wildfire and wastewater constraints.
(b) The City recognizes opportunities to implement policies and programs of the
Atascadero General Plan housing element providing for, and regulating, expanded housing
opportunities for all persons within the community.
(c) Implementation of this chapter is meant to expand housing opportunities for very low-,
low- and moderate-income and/or elderly households by increasing the number of
affordable by design and rental units available within existing neighborhoods.
(d) As mandated in Section 66314 and 66319 of the Government Code, units that comply
with this chapter are considered not to exceed the density limits prescribed by the General
Plan and/or this title from residential zoning districts.
§ 9-5.020 Definitions.
As used in this chapter:
Accessory Dwelling Unit (ADU).
ADUs are defined by Government Code Section 66313 to mean an attached or 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. ADUs
shall include permanent provisions for living, sleeping, eating, cooking, and shall have a
bathroom, and shall be located on the same parcel as the single family or multifamily
dwelling per the standards set forth in this section. An accessory dwelling unit also
includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code
and a manufactured home as set forth in Section 18007 of the Health and Safety Code.
Existing Structure.
12/16/25 | Item G1 | Attachment 1 | Exhibit A
Page 12 of 22
12/16/25 | Item G1 | Attachment 1 |Exhibit A
For the purposes of this chapter and implementation of Government Code Section 66314,
an existing accessory structure or existing primary structure is defined as a structure, or
the confines of a structure, that has received a passed final inspection prior to January 1,
2020.
Guesthouse.
Guesthouses are defined as residential occupancy construction (R) structures permitted
prior to 2004 with a full bathroom, partial kitchen, and are the same as a residential
dwelling unit for the purposes of defining use and calculating fees.
Junior Accessory Dwelling Unit (JADU).
JADUs are defined by Government Code Section 66313 to mean a residential dwelling unit
that is no more than 500 square feet in size and contained entirely within a single-family
residenceinternal to an existing or new primary dwelling unit that provides complete
independent living facilities for one or more persons. A junior accessory dwelling unit may
include separate sanitation facilities, or may share sanitation facilities with the existing
structure. JADUs shall include permanent provisions for living and shall be located on the
same parcel and within the same structure as the single-family dwelling. A JADU also
includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
Livable Space.
A space in a dwelling intended for human habitation, including living, sleeping, eating,
cooking, or sanitation.
Primary Dwelling Unit.
A primary dwelling unit (primary unit) is a principal or urban dwelling unit.
Principal Dwelling Unit.
An existing or new proposed dwelling unit on a residential zoned legal lot of record
permitted as allowed by the City's zoning and allowed density of the parcel and not
constructed under the provisions for Chapter 5 or Chapter 18 of this title. Any additional
existing units above the base residential density shall be considered an ADU or UDU. New
units built as part of an SB9 lot split shall not be considered a principal dwelling unit if a
principal unit already exists on the parent parcel or new parcel that is created from the lot
split.
Residential Multifamily Development.
Page 13 of 22
§ 9-5.030 General requirements.
(a) Building Permit Required. A building permit application shall be required for the
construction, occupancy, or conversion of any ADU or JADU.
(b) Ministerial Review Process. An application for development of an ADU or JADU will be
reviewed as a ministerial permit, without discretionary review or a hearing, if it meets all
the requirements set forth in this section, does not impact environmental (including
historic) resources, and after payment of all applicable submittal fees.
(c) Garage Demolition. A demolition permit for a detached garage that is to be replaced
with an ADU shall be reviewed with the application for the accessory dwelling unit and
issued at the same time.
12/16/25 | Item G1 | Attachment 1 |Exhibit A
A residential multifamily property zoned for multiple principal dwelling units that has been
developed with multi-family units as allowed by City zoning to the maximum allowed
density and which shares access, parking, and/or amenities regardless of the number of
underlying parcels. This may include, but is not limited to, attached or detached residential
units, common interest subdivisions, and related residential development on a single or
multiple lots developed as a single development project with a developable density of at
least 10 units per acre.
Residential Single-Family Property.
A property zoned for single-family development with a base density of one dwelling unit per
parcel.
Short-Term Rental.
Short-term rentals (vacation rental) shall be defined as rental units with stays of 30
consecutive calendar days or less per individual or party.
Small-Lot Single-Family Subdivision.
A subdivision with private side and rear yard areas built to a density of less than or equal to
nine dwelling units per acre.
Urban Dwelling Unit (UDU).
A primary dwelling unit established or proposed to be developed in accordance with the
standards, procedures, and requirements set forth under Government Code
Section 65852.21 and Chapter 18 of Title 9, either as a primary or secondary primary unit
on a parcel.
Page 14 of 22
12/16/25 | Item G1 | Attachment 1 |Exhibit A
(d) Water Service. All habitable dwelling units shall be served by a public water system.
(e) Wastewater Service. To avoid health and safety impacts to ground water quality and
nitrogen loading, ADUs shall be served by the City sanitary sewer system subject to one of
the following exceptions:
(1) The parcel is three-quarters (0.75) gross acres or greater and all of the following
criteria can be met:
(i) It can be demonstrated that all properties within a one-quarter mile radius
are of sufficient size, considering possible future lot splits and full
development potential, to provide a minimum density of at least one-half
(0.5) acres per unit within the one quarter mile radius.
(ii) It shall be demonstrated that a new or expanded on-site wastewater
disposal system can accommodate the additional unit while meeting
requirements of the City's Local Area Management Plan (LAMP).
(2) The parcel contains a gross lot area of 0.5 acres per unit or greater, including
existing units and all units proposed at the time of application.
(i) For the purposes of this paragraph, "units" means all primary and accessory
dwelling units, but shall not include Junior ADUs.
(3) ADUs that do not meet the above requirements and do not have the ability to
connect to City sewer must be served by an on-site wastewater system that
includes pre-treatment and shall be subject to the approval of the City Engineer.
These systems must be approved and constructed in accordance with the City's
LAMP standards.
(f) Design. The design of an ADU and/or JADU shall be consistent with any objective design
standards listed in this chapter.
(g) Short-Term Rental Prohibited. ADUs and JADUs developed in accordance with
Government Code Sections 66314 to 66339 shall not be rented for terms of less than 30
days or less.
(h) Illegal Unit. The construction, establishment, or occupancy of an ADU and/or JADU that
has not received a valid construction permit and is contrary to the provisions of this
chapter is declared to be unlawful and shall constitute a misdemeanor and a public
nuisance.
(i) Deed Notification Agreement Required. Prior to issuance of a building permit for the
ADU, the property owner shall submit to the City an agreement deed covenant for
Page 15 of 22
§ 9-5.040 Applicability.
(a) Permitted Zoning Districts. Accessory and junior accessory dwelling units shall be
allowed in all areas zoned to allow single-family or multifamily dwellings consistent with
the standards of this section. ADUs shall not be allowed within the following locations:
(1) Pursuant to the authority provided by Section 65852.21(f) of the Government Code, no
accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a
single-family zoning district if: (i) an urban lot split has been approved pursuant to Title 11;
and (ii) two units (primary dwelling unit, UDU, ADU, or JADU) already exist or are approved
for construction.
(2) No ADUs shall be allowed inconsistent with the Title 14 California Code of
Regulations Section 1273.08.
(3) No ADU may be established in a commercial district unless all of the following
conditions have been met:
(i) The ADU is part of an approved mixed-use development; and
(ii) The ADU is built above the ground floor.; and
12/16/25 | Item G1 | Attachment 1 |Exhibit A
recordation with the County Recorder in a form approved by the Community Development
Director, which shall run with the land and include at a minimum the following provisions:
(1) A prohibition on the sale of the ADU separate from the sale of the principal
dwelling unit, unless specifically authorized by State law or a subsequent lot split is
approved and recorded.
(2) A restriction on the size and attributes of the ADU that conforms with
Government code 6585266314.
(3) (1) A prohibition on using the ADU as a short-term rental for periods of less than
30 days, as authorized by Government Code Section 66315 or less.
(4) (2) Owner occupancy requirements for properties constructing or containing a
JADU that shares sanitation facilities with the primary residence, as applicable.
(5) (2) A statement that the restrictions shall be binding upon any successor owner
of the property and that failure to comply with the restrictions shall result in legal
action against the owner.
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§ 9-5.050 Objective design standards for accessory dwelling units.
Standards for the development of Accessory Dwelling Units (ADUs) shall be governed by
this section. Each ADU shall be subject to compliance with the California Building Code
and the following standards:
(a) Maximum Floor Area. ADUs shall have a maximum floor area of 1,000 square-feet,
except as follows:
(1) A garage or other unconditioned space may be attached to an ADU provided any
attached space with a non-R occupancy shall be limited to 300 square-feet, or 500
square-feet on lots one acre or greater. Any non-R occupancy space may be up to
500 square-feet if it is on a different level than the ADU and used for vehicle parking
and the entirety of the ADU is located on a different floor with the exception of an
entry and stairs. If an existing accessory structure is converted to an ADU and the
size of the unconditioned space exceeds the maximum limit, the existing space may
remain but shall not be expanded.
(2) Properties may have a detached ADU up to 1,200 square feet when all of the
following are met:
(i) The property is a minimum of one gross acre; and
(ii) The ADU has a setback of at least 10 feet from side and rear property
lines; and
(iii) The ADU height is limited to 18 feet; and
(iv) All other property development standards applicable to the zoning
district shall apply, unless specifically modified by State law.
(3) Any dwelling unit other than the principal dwelling unit, that was established on
the lot prior to the submittal of a complete application for a development pursuant
to this chapter, may not be altered or expanded to a size greater than allowed by this
chapter. No additional unconditioned space can be added if greater than the
12/16/25 | Item G1 | Attachment 1 |Exhibit A
(iii) The ADU is within a mixed-use development that has reached its maximum
allowable residential density.
(4) No ADU may be established on a lot subdivided pursuant to Government Code
Section 66499.41 ("the Starter Home revitalization Act Senate Bill 684"), as amended from
time to time.
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12/16/25 | Item G1 | Attachment 1 |Exhibit A
maximum allowances described in subsection (a)(1) above. If existing units exceed
the maximum size thresholds, no expansion or additions shall occur.
(b) Required Parking. One off-street parking space (standard or tandem within a driveway)
shall be required for each ADU, with the following exceptions:
(1) No parking shall be required if the ADU is within one-half mile walking distance of
public transit.
(2) No parking shall be required when the ADU is within a designated historic district
or on the site of a designated historic property within a one-mile walking distance to
public transit.
(3) No parking shall be required when the ADU is part of a proposed or existing
primary residence or a converted existing accessory structure.
(4) No parking shall be required when there is a car-share vehicle available to the
tenant of the ADU and located within one block of the ADU.
(5) No parking shall be required when a permit application for an accessory dwelling
unit is submitted concurrently 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 and the parcel satisfy all other criteria listed in this chapter.
(c) Replacement Parking. No replacement parking shall be required 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 unitparking spaces are removed or demolished to accommodate the
construction of an ADU.
(d) Accessory Structure Conversion. ADUs may be constructed within existing accessory
structures subject to the following:
(1) The size of the ADU shall comply with the size limitations set forth in subsection
(a) above.
(2) Any portions of the accessory structure not utilized for the ADU shall remain as
non-habitable accessory space and shall be separated with a permanent wall from
the interior space of the ADU. Any openings (doors) between the ADU and non-
habitable space shall comply with building and fire code standards.
(3) Conversions of existing legal accessory structures built prior to January 1, 2020,
may be subject to different standards, consistent with Government Code
Section 66323.
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12/16/25 | Item G1 | Attachment 1 |Exhibit A
(e) Height. The maximum height of an ADU shall be as follows:
(1) Sixteen feet for any detached ADU where the setback is less than the minimum
required setbacks for the underlying zoning district.
(2) Eighteen feet in a multifamily zone for any detached ADU where the setback is
less than the required minimum setbacks for the zoning district if the multifamily
dwelling on the same site is multi-story.
(3) Twenty feet for any detached ADU that complies with the setbacks of the
underlying zoning district.
(4) Twenty-five feet if setbacks are increased to 15 feet from the side and rear
property lines.
(5) Twenty-five feet for an ADU that is attached to a primary dwelling.
(6) No ADU shall exceed two stories.
(f) Setbacks. An ADU shall maintain the following setbacks consistent with each zoning
district and consistent with the California Building Code and Fire Code, unless reduced
setbacks apply, consistent with Govt Code section 66321 66314 (d) (7).
(1) Side Setback. A minimum of five feet except for the following:
(i) ADUs that are 16 feet or less in height located on a lot with a proposed or
existing primary residence may be set back a minimum of four feet from the
side property line;
(ii) ADUs that exceed 20 feet in height shall increase the side setback to 15
feet;
(iii) ADUs that are 18 feet or less in height located on a lot with a proposed or
existing multi-story multifamily building may be set back a minimum of four
feet from the side property line.
(2) Primary Street Frontage. Twenty-five feet for single-family properties, 15 feet for
multifamily properties.
(3) Corner Street Frontage. Ten feet.
(4) Secondary Street Frontage. One half the front setback.
(5) Rear. A minimum of 10 feet except for the following:
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12/16/25 | Item G1 | Attachment 1 |Exhibit A
(i) ADUs that are 16 feet or less in height located on a lot with a proposed or
existing single-story primary residence may be setback a minimum of four
feet from the rear property line.
(ii) ADUs that exceed 20 feet in height shall increase the rear setback to 15
feet.
(iii) ADUs that are 18 feet or less in height located on a lot with a proposed or
existing multi-story multifamily building may be set back a minimum of four
feet from the rear property line.
(6) Access Way (Flag or Easement). Ten feet.
(1) (7) No setback is required for an existing permitted structure or a structure
constructed in the same location and to the same dimensions as an existing
permitted structure that is converted to an accessory dwelling unit or to a
portion of an accessory dwelling unit.
(g) Building Separations. A minimum separation of five feet shall be maintained between a
primary dwelling unit and a detached accessory dwelling unitMinimum fire and building
code separations shall be maintained between primary and secondary units.
(h) Fire Sprinklers.
(1) An ADU shall comply with all applicable fire safety provisions of State law, as
well as locally adopted building and fire codes under Chapter 4-7 and Title 8 of this
code.
(2) A detached ADU shall be required to be equipped with fire sprinklers unless the
primary dwelling unit is not required to be sprinklered. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing primary dwelling.
(3) An attached ADU shall provide fire sprinklers per the standards for residential
additions.
(i) Number of ADUs Permitted.
(1) Single-Family Zoned Parcels and Small-Lot Single-Family Subdivisions shall be
allowed to construct accessory dwelling units consistent with Govt Code 66323 and
section 9-5.060(c) of this Chapter. One ADU per parcel shall be permitted. If a lot
contains the maximum number of allowed dwelling units no additional ADU or JADU
shall be allowed.
Page 20 of 22
§ 9-5.060 Objective design standards for junior accessory dwelling units.
Standards for the development of Junior Accessory Dwelling Units (JADUs) shall be
governed by this section. Each JADU shall be subject to compliance with the California
Building Code and the following standards:
(a) Maximum Floor Area. Each JADU shall be constructed within the walls of an existing or
proposed primary dwelling unit and shall be a maximum of 500 square feet.
12/16/25 | Item G1 | Attachment 1 |Exhibit A
(2) Residential Multifamily/Mixed-Use Developments. ADUs shall be permitted in
multifamily and mixed-use developments subject to the following:
(i) Portions of an existing multifamily building not used as livable space may
be converted to one or more ADUs at a maximum ratio of 25% of the existing
on-site units above the permitted site density.
(ii) In addition to the units authorized by subsection (i)(2)(i) above, additional
detached accessory dwelling units above the permitted site density shall be
permitted within a multifamily or mixed-use development at the following
quantities:
a. On a lot with an existing multifamily dwelling, eight detached accessory
dwelling units, or a quantity equal to the number of existing principal dwelling
units on the lot, whichever is fewer.
b. On a lot with a proposed multifamily dwelling, not more than two detached
accessory dwelling units.
(iii) All residential units in a mixed-use development must meet the
provisions of the underlying zoning district, except as provided for by
Government Code Sections 66310 to 6643266342, and must be consistent
with all land use definitions for such development.
(3) If a site proposed for development contains one or more residential units that
were constructed prior to designation as an ADU, JADU or UDU, and that site now
exceeds its zoned density, those units must be designated as one of the permitted
housing unit types prior to further development of the property.
(j) Nothing in this section shall prohibit the construction of an ADU in accordance with
Government Code Sections 66321(b)(3), 66321(b)(4)(B), 66321(b)(4)(C), and 66323. To the
extent anything in this section conflicts with the provisions of the above-referenced
Government Code sections, those Government Code sections shall control.
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§ 9-5.070 Development fees.
Accessory units, whether attached or detached, shall be exempt from development impact
fees when the gross floor area is less than 750 square feet. Units 750 square feet and larger
shall be subject to the City's adopted development impact fee schedule.
12/16/25 | Item G1 | Attachment 1 |Exhibit A
(b) Septic Systems. JADUs may be served by the system serving an existing or proposed
primary unit or a secondary septic system, subject to the approval of the City Engineer and
provisions of the City's LAMP.
(c) Number of JADUs Permitted. One JADU is permitted per single-family residential
property or small-lot single-family residential subdivision parcel. If a lot contains the
maximum number of allowed dwelling units, no additional ADU or JADU shall be allowed.
(d) Design Standards.
(1) Each JADU may contain separate sanitation facilities or may share sanitation
facilities with the principal dwelling unit.
(2) Each JADU shall include a separate entrance from the main entrance to the
existing or proposed principal dwelling unit and may include an interior entry to the
main living area.
(3) Each JADU shall, at a minimum, include an efficiency kitchen as defined by the
building code and Government Code Section 66333(f)(1).
(e) Owner Occupancy. The property owner shall reside on site and maintain primary
residency in either a primary dwelling unit, ADU, or the JADU if the JADU shares sanitation
facilities with the primary residence.
(f) Nothing in this section shall prohibit the construction of a JADU in accordance with
Government Code Section 66323. To the extent anything in this section conflicts with the
provisions of Government Code Section 66323, Section 66323 shall control.
Page 22 of 22