HomeMy WebLinkAbout1049 - Ordinance ORDINANCE NO. 1049
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA,AMENDING CHAPTER 17.100 OF ARTICLE V OF TITLE
17 OF THE MUNICIPAL CODE TO UPDATE THE REGULATIONS
REGARDING ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUS) IN COMPLIANCE WITH
STATE LAW AND TO ESTABLISH A BONUS ADU PROGRAM, AND
FINDING THE ITEM TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA
GUIDELINES SECTION 15282(H) AND 15061(B)(3)
A. RECITALS
The City Council of the City of Rancho Cucamonga does ordain as follows:
1. The City of Rancho Cucamonga (the "City"), has prepared Municipal Code Amendment,
as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject
Municipal Code Amendment is referred to as "the amendment."
2. The City is a municipal corporation, duly organized under the constitution and laws of the
State of California.
3. As shown in Exhibit A of this Ordinance, the amendment proposes to amend Chapter
17.100 of Article V of Title 17 of the Municipal Code to update the regulations regarding
Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs").
4. Portions of the City's current regulations for ADUs and JADUs require amendment to
remain consistent with State Law. Hereinafter in this Ordinance, the subject Municipal
Code Amendment is referred to as the "Amendments."
5. Senate Bill ("SB") 477, effective March 25, 2024, amended Accessory Dwelling Unit Law
("ADU Law') (formerly Government Code Sections 65852.2 and 65852.22) (now Chapter
13 of Division 1 of Title 7 of the Government Code), which reorganized ADU Law and has
led to references to ADU Law in the Rancho Cucamonga Municipal Code to be no longer
applicable.
6. Additionally, the State of California adopted amendments to Government Code Sections
66313,66314, and 66323, altogether known as SB 1211, effective January 1, 2025,which
further amend standards and requirements for ADUs and JADUs.
7. Moreover, Assembly Bill ("AB") 2533 prohibits the City from denying a permit for an
unpermitted ADU or JADU that was constructed before January 1, 2020, unless a finding
can be made that correcting the violation is necessary to comply with conditions that
would otherwise deem a building substandard under Section 17920.3 of the Health and
Safety Code. This law also specifies the City's obligations to inform the public of this
prohibition, the prohibition to require a homeowner to pay impact fees, and the prohibition
against penalizing an applicant for having an unpermitted ADU or JADU.
8. On October 22, 2025, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing with respect to the Amendments and, following the
Ordinance No. 1049—Page 1 of 11
conclusion thereof, adopted Resolution No. 2025-035 recommending that the City
Council of the City of Rancho Cucamonga adopt the Amendments.
9. On November 19, 2025, the City Council of the City of Rancho Cucamonga conducted a
noticed public hearing on the Amendments and concluded said hearing on that date.
10.All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE
The City Council finds the foregoing recitals and their findings to be true and correct and hereby
incorporates such recitals and their findings into this Ordinance.
SECTION 1. Findings. Based upon the substantial evidence presented to this Council during
the above-referenced public hearing, this Council hereby finds and concludes that the changes
proposed to Title 17(Development Code) in the Amendments are consistent with the Development
Code and the General Plan's goals, policies and implementation programs. Pursuant to Section
17.22.040(C)of the Municipal Code, amendments to the Municipal Code "may be approved only
when the [C]ity [C]ouncil finds that the Development Code/zoning map amendment[s] [are]
consistent with the [G]eneral [P]lan goals, policies, and implementation programs." The
Amendments are consistent with the following Housing Element program:
• General Plan Housing Goal H-1 strategizes for a diverse community with a broad
range of housing types and opportunities to accommodate expected new households.
Specifically, Policy H-1.1 is to encourage the development of wide range of housing
options, types, and prices that will enable the City to achieve its share of the Regional
Housing Needs Allocation (RHNA); Policy H-1.2 is to recognize the unique
characteristics of elderly and disabled households and address their special needs;
and Policy H-1.3 is to facilitate the development of ADUs to provide additional housing
opportunities pursuant to State law and established zoning regulations.
• General Plan Housing Goal H-4 promotes a community with quality, healthy housing,
and Policy H-4.2 is to encourage the revitalization and rehabilitation of substandard
residential structures.
• General Plan Housing Goal H-5 aims for a city with an efficient process for improving
and developing housing. Specifically, Policy H-5.4 is to evaluate and adjust as
appropriate residential development standards, regulations, and processing
procedures that are determined to constrain housing development, particularly
housing opportunities for lower- and moderate-income households and for persons
with special needs.
SECTION 2. CEQA. The proposed Amendments (the "Project")are exempt from or not
subject to the requirements of CEQA, pursuant to State CEQA Guidelines Section 15282(h),
which establishes a statutory exemption for the adoption of an ordinance regarding second
units in a single-family or multifamily residential zone by a city to implement the provisions of
Sections 65852.1, Article 2 (commencing with Section 66314) or Article 3 (commencing with
Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, as set forth in
Section 21080.17 of the Public Resources Code. In addition, the City Council finds that the
Ordinance is exempt from further environmental review pursuant to CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty that there is no possibility that amendments
to the City's ADU and JADU regulations in accordance with State Law will have a significant
effect on the environment.
Ordinance No. 1049— Page 2 of 11
SECTION 3. Action. The City Council hereby amends Chapter 17.100 (Accessory Dwelling
Units and Junior Accessory Dwelling Units) of Article I (In General) of Title 17 (Development
Code) of the Rancho Cucamonga Municipal Code in its entirety, to read as shown in Exhibit A of
this Ordinance, attached hereto and incorporated herein by this reference. The Amendments
have been processed, including, but not limited to, public notice, in the time and manner
prescribed by State and local law, including the California Environmental Quality Act("CEQA").
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
any competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. Effect of Ordinance. This Ordinance is intended to supersede any ordinance,
resolution, and administrative regulations of the City of Rancho Cucamonga adopted by the City
Council in conflict with the terms of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall take effect 30 days after the date of its
adoption. The City Clerk is directed to cause this Ordinance to be published and/or posted as
required by law.
SECTION 7. Enforcement. Neither the adoption of this Ordinance nor the repeal of any other
Ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date hereof, nor be construed as a waiver
of any penalty or the penal provisions applicable to any violation thereof.
SECTION 8. Submission of Ordinance to HCD. In compliance with Government Code
Section 66326, the Planning Director is hereby directed to submit a copy of this Ordinance to the
Department of Housing and Community Development within sixty (60) days after adoption.
SECTION 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and
shall cause it to be published in the manner required by law.
Ordinance No. 1049—Page 3 of 11
PASSED, APPROVED,AND ADOPTED this 3rd day of December, 2025.
L. Dennis Michae , Mayor
ATTEST:
im Sevy, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that
the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 19'h day of November 2025, and was passed at a Regular Meeting of the City
Council of the City of Rancho Cucamonga held on the 3`d day of December 2025.
AYES: Hutchison, Michael, Scott, Stickler
NOES: None
ABSENT: Kennedy
ABSTAINED: None
Executed this 4'h day of December 2025, at Rancho Cucamonga, California.
/ Yid/4
74-1( Sevy, City Clerk
Ordinance No. 1049— Page 4 of 11
EXHIBIT A
Amended Chapter:
Chapter 17.100 (Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs))
"CHAPTER 17.100 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
Section 17.100.010: Purpose.
Section 17.100.020: Applicability.
Section 17.100.030: Approval required.
Section 17.100.040:General allowances.
Section 17.100.050: Special allowances.
Section 17.100.060: Development standards for Accessory Dwelling Units.
Section 17.100.070: Development standards for Junior Accessory Dwelling Units.
Section 17.100.080: Design standards.
Section 17.100.090: Sales, rental, and occupancy requirements.
Section 17.100.100: Existing nonconforming units.
17.100.010 Purpose.
Accessory dwelling units(ADUs)and junior accessory dwelling units(JADUs) are a valuable form
of housing in the City. These units meet the City's General Plan housing policies related to the
development of a variety of housing options, including ones that serve the unique needs of elderly
and disabled households; rehabilitation of deteriorating housing units, providing housing stock
accessible to lower- and moderate-income households; and meeting the City's share of regional
housing needs.
The purpose of this Chapter is to establish development standards for the construction and
operation of ADUs and JADUs on lots zoned to allow single-family or multi-family residential use,
including mixed-use zones, in a manner that is consistent with the requirements of State Law.
17.100.020 Applicability.
The provisions of this Chapter apply to all lots that are zoned to allow single-family or multi-family
residential use. ADUs shall be deemed to be an accessory single-family residential use consistent
with the General Plan and zoning designations for the lot.
ADUs are defined as 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 an existing or
proposed primary dwelling. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is, or will
be, situated.
JADUs are defined as a unit that is no more than 500 square feet in size and contained entirely
within a single-family residence. A JADU may include separate sanitation facilities or may share
sanitation facilities with the existing structure.
17.100.030 Approval required.
A. A building permit is required for the construction of ADUs and JADUs, which must satisfy the
requirements of the California Building Standards Code, Government Code Title 7 Division 1
Chapter 13, and the Chapter herein.
B. The application shall be approved or denied within 60 days after the City receives the
completed application, or in accordance with the deadline required by Government Code
Ordinance No. 1049— Page 5 of 11
Section 63317, as that section may be amended from time to time.
C. Notwithstanding any other provision of this Chapter to the contrary, no minor exception from
any requirement of this Chapter shall be approved, nor shall any application for such a minor
exception be accepted for processing.
D. Where a building permit application for an ADU or JADU is submitted with an application for
a single-family dwelling or multi-family dwelling that is subject to discretionary review under
this Chapter, the ADU or JADU application will be considered separately without discretionary
review or public hearing, following the approval of the main dwelling unit(s).
E. Pre-approved ADU plans are available on the City's website under the Building and Safety
Department page. An application for a preapproved detached ADU plan must be approved or
denied within 30 days within the current triennial California Building Standards Code
rulemaking cycle or a plan that is identical to a plan used in an application for a detached ADU
approved within the current triennial California Building Standards Code rulemaking cycle.
17.100.040 General allowances.
There are four categories of ADUs and JADUs in Government Code Section 66323 that are
subject to the standards set forth in Title 7 Division 1 Chapter 13 Article 2 of the Government
Code. Their applicability depends on whether the ADU or JADU will be located on a lot with a
single-family or multi-family dwelling and meets the specific requirements as follows:
A. Category 1: One ADU and one JADU per lot with an existing/proposed single-family dwelling
if all of the following conditions 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 and shall be limited to ingress and egress only.
2. The space has exterior access from the existing/proposed single-family dwelling.
3. The side and rear setbacks are sufficient for fire and safety.
4. The JADU complies with the requirements of Government Code Section 66333 and with
the requirements set forth in Section 17.100.060.
B. Category 2: One detached, new construction ADU for a lot with an existing/proposed single-
family dwelling that does not exceed four-foot side and rear yard setbacks if all of the following
conditions apply. The ADU may be combined with a JADU as described in subsection (A)(1).
1. The ADU shall be no more than 800 square feet in size.
2. The ADU shall not exceed a height limit of 16 feet unless it is located within a half mile of
a major transit stop or a high-quality transit corridor. In which case, the ADU shall not
exceed a height limit of 18 feet.
3. An additional two feet are allowed only if necessary to match the roof pitch of the primary
dwelling.
4. The ADU shall be subject to four-foot side and rear yard setbacks.
C. Category 3: Multiple ADUs, up to 25 percent of existing multi-family dwelling units, or at least
one ADU, with an existing/proposed multi-family dwelling provided that the units are within the
portions of existing multi-family dwelling structures that are not used as livable spaces,
including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, if each unit complies with state building standards for dwellings.
D. Category 4: Multiple ADUs, not to exceed the numbers specified below, located on a lot with
an existing/proposed multi-family dwelling but are detached from the multi-family dwelling and
are subject to the setback and height requirements in Section 17.100.050. If the existing multi-
family dwelling has a side or rear yard setback of less than four feet, the modification of the
existing multi-family dwelling shall not be required as a condition of approving the application
to construct an ADU that satisfies the requirements of this subsection.
1. 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
Ordinance No. 1049—Page 6 of 11
number of existing units on the lot.
2. On a lot with a proposed multi-family dwelling, not more than two detached ADUs.
17.100.050 Special allowances.
Additional ADUs shall be allowed under the following circumstances.
A. Eligibility for an Additional ADU. In all residential zones where ADUs are permitted, an
additional ADU may be permitted, if all the following conditions are met:
1. The lot contains an existing or proposed primary, single-family dwelling unit.
2. The lot is a minimum size of 20,000 square feet.
B. Development Standards. The additional ADU shall comply with all applicable development
standards for ADUs set forth in Section 17.100.060.
C. Unit Type Flexibility. The additional ADU may either be attached, detached, or a conversion,
subject to compliance with the California Building Standards Code.
D. Ministerial Review. Applications for an additional ADU under this section shall be subject to
ministerial review and approval, provided that the proposed ADU complies with all applicable
standards of this section and any other relevant sections of this Chapter.
17.100.060 Development standards for Accessory Dwelling Units.
Except for applications submitted pursuant to Section 17.100.040, all ADUs shall comply with the
following development standards:
A. Code Compliance. ADUs shall be constructed in accordance with the provisions of the latest
edition of the California Building Standards Code and other applicable codes adopted by the
City unless specifically exempted in this Chapter.
B. Existing Lots and Uses. ADUs shall be permitted if the existing or proposed lot and dwelling
meet the following requirements:
1. The lot on which the ADU is proposed to be established shall contain at least one existing
permanent dwelling unit or the application for the ADU shall be made concurrently with an
application for at least one dwelling unit on the same lot.
2. The zoning regulations for the lot allow for the development of a single-family dwelling or
multi-family use.
C. Facilities. The ADU shall have a separate entrance and shall contain kitchen and bathroom
facilities separate from those of the main dwelling.
D. Utility Services. The ADU may be metered separately from the main dwelling for gas,
electricity, communications, water and sewer services.
E. Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if they are not required
for the primary residence. For existing multi-family dwellings, the construction of an ADU shall
not trigger a requirement for fire sprinklers to be installed.
F. Size and Height. The size and height of the ADU shall comply with the requirements indicated
in Table 17.100.050-1 as follows:
TABLE 17.100.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS
Accessory Dwelling Minimum Size Maximum Size nl Height"
Unit Type
50% of main
Attached 220 sq.ft. dwelling unit or 25 feet
1,200 sq. ft.,
whichever is less
Detached 350 sq.ft. 1,200 sq.ft. 16 feet or 18 feet(],4)
Table Notes:
(1)The maximum size for ADUs do not include optional accessory structures,such as a garage.
(2)ADUs constructed above a garage shall not exceed the height limits of the undedying zone.
Ordinance No. 1049— Page 7 of 11
(3)ADUs shall not exceed 18feet in height,or 20 feet to match the roof pitch of the primary structure,when
located within a half mile of a major transit stop or high-quality transit corridor.
(4)ADUs shall not exceed 18 feet in height when located on a lot with an existing or proposed multi-story,
multi-family dwelling.
G. Lot Coverage. ADUs shall conform to the lot coverage requirements for the zone in which it is
located, except where the application of the lot coverage requirement would not permit the
construction of an 800-square-foot ADU that is at maximum 16 feet in height and at minimum
has four-foot side and rear yard setbacks.
H. Setbacks. ADUs shall comply with the following setback requirements:
1. ADUs shall maintain at least a four-foot setback from the side and rear property lines.
2. ADUs shall maintain the front yard setback standard of the underlying zone, unless the
front yard setback standard would not permit construction of an 800-square-foot ADU that
is at maximum 16 feet in height and at maximum has four-foot side and rear yard setbacks.
3. Notwithstanding the above, no setback shall be required for an ADU that is within an
existing structure or within a structure constructed in the same location and dimensions
as an existing structure.
I. Parking. In addition to the parking required for the main dwelling (listed in Table 17.64.050-
1), parking for accessory dwelling units shall be provided as follows:
1. Newly constructed, detached ADUs shall provide a minimum of one parking space, unless
otherwise exempt. The parking space(s) may be provided as tandem parking, in an
enclosed garage, and/or in setback areas.
2. If parking for the ADU is provided in a garage that also provides parking for the main
dwelling, the provided space(s) shall be for the exclusive use of the ADU. The space(s)
shall be separated from any garage spaces for the main dwelling by a wall or other
permanent barrier and shall have a separate or independent garage door.
3. ADUs shall utilize the same vehicular access that serves the existing main dwelling, unless
the ADU has access from a public alley contiguous to the lot or is located on a corner lot
for which secondary access is permitted for parking outside the street side setback. A
vehicular driveway that provides access to required parking shall have a minimum width
of 10 feet.
4. When a required garage, carport, or covered parking structure for the main dwelling is
converted or demolished in conjunction with the construction of an ADU, replacement of
parking spaces that are eliminated by the construction of the ADU shall not be required
as long as the ADU remains in use as a legal ADU.
5. Parking shall not be required for an ADU in any of the following instances:
a. Where the ADU is located within a one-half mile walking distance of public transit, such
as a bus stop or train station.
b. Where the ADU is located within an architecturally and historically significant district.
c. Where the ADU is part of the existing or proposed primary dwelling or an existing
accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the
ADU.
e. When there is a car share station located within one block of the ADU.
f. When a permit application for an ADU is submitted with a permit application to create
a new single-family or multi-family dwelling on the same lot, provided that the ADU or
the parcel satisfies any other criteria listed in this subdivision.
17.100.070 Development standards for Junior Accessory Dwelling Units.
Except for applications submitted pursuant to Section 17.100.040, all JADUs shall comply with
the following development standards:
Ordinance No. 1049—Page 8 of 11
A. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet in floor
area, not including the floor area of a shared sanitation facility.
B. A JADU shall be contained entirely within the walls of the existing or proposed single-family
dwelling, including attached garages or other enclosed uses. Enclosed uses within the
dwelling, such as attached garages, are considered a part of the existing or proposed single-
family dwelling. Therefore, JADUs are not allowed in accessory structures.
C. An exterior entry apart from the main entrance to the existing or proposed single-family
residence shall be provided for the JADU.
D. A JADU may include separate sanitation facilities or may share sanitation facilities with the
main dwelling. If shared, the JADU shall have interior entry, separate from the main entrance
to the structure, to allow access to the shared sanitation facilities.
E. A JADU shall include an efficiency kitchen, which shall include the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of reasonable size in relation to
the size of the JADU.
F. Additional parking shall not be required for a JADU.
17.100.080 Design standards.
Except for applications submitted pursuant to Section 17.100.040, ADUs and JADUs located in
the front yard, adjacent to the main dwelling, and/or visible from the public right-of-way shall
comply with the following design standards:
A. Exterior stairs shall not be visible from any public right-of-way,excluding alleys or trails,except
those leading from the finished grade to the first floor.
B. The color, material, and texture of the roof shall be substantially the same as the main
dwelling.
C. The color, material, and texture of all building walls shall be substantially the same as the
main dwelling.
D. Permitted driveways and walkways shall occupy no more than 50 percent of the front yard
area, in accordance with Section 17.56.070.
E. Additional design considerations may be necessary for historic resources to prevent adverse
impacts on any property that is listed in the California Register of Historical Resources. An
ADU or JADU proposed for a property under a Mills Act contract must comply with all Mills
Act guidelines, including conformance to the Secretary of the Interior Standards for the
Treatment of Historic Properties. Pursuant to Section 17.18.100, any alteration made for
preservation, rehabilitation, restoration, or relocation of historic resources may be made
according to the requirements of the latest adopted state historical building code.
17.100.090 Sales, rental, and occupancy requirements.
A. Sales and Separate Conveyance. The sale or separate conveyance of an ADU separate from
the main dwelling is prohibited, except when all the following conditions apply:
1. The ADU or primary dwelling was built or developed by a qualified nonprofit corporation.
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract
between the qualified buyer and the qualified nonprofit corporation that satisfies all of the
requirements specified in Section 402.1 of the Revenue and Taxation Code.
3. The property is held pursuant to a recorded tenancy in common agreement that includes
all the following conditions:
a. The agreement allocates to each qualified buyer an undivided, unequal interest in the
property based on the size of the dwelling unit that each qualified buyer occupies.
b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit
corporation to buy the ADU or main dwelling if the buyer desires to sell or convey the
property.
Ordinance No. 1049—Page 9 of 11
c. A requirement that the qualified buyer occupy the ADU or primary dwelling as the
buyer's principal residence.
d. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling
that ensure the ADU and primary dwelling will be preserved for low-income housing
for 45 years for owner-occupied housing units and will be sold or resold to a qualified
buyer.
e. If the tenancy in common agreement is recorded after December 31, 2021, it shall also
include all the following:
i. Delineation of all areas of the property that are for the exclusive use of a cotenant.
Each cotenant shall agree not to claim a right of occupancy to an area delineated
for the exclusive use of another cotenant, provided that the latter cotenants
obligations to each of the other cotenants have been satisfied.
ii. Delineation of each cotenant's responsibility for the costs of taxes, insurance,
utilities, general maintenance and repair, improvements, and any other costs,
obligations, or liabilities associated with the property. This delineation shall only
be binding on the other parties to the agreement, and shall not supersede or
obviate the liability, whether joint and several or otherwise, of the parties for any
cost, obligation, or liability associated with the property where such liability is
otherwise established by law or by agreement with a third party.
iii. Procedures for dispute resolution among the parties before resorting to legal
action.
4. A grant deed naming the grantor, grantee, and describing the property interests being
transferred shall be recorded in the county in which the property is located. A Preliminary
Change of Ownership Report shall be filed concurrently with this grant deed pursuant to
Section 480.3 of the Revenue and Taxation Code.
5. Notwithstanding Government Code Section 66324, if requested by a utility providing
service to the primary dwelling, the ADU has a separate water, sewer, or electrical
connection to that utility.
6. Nothing in this section limits the ability of an ADU to be sold or otherwise conveyed
separate from the primary dwelling as a condominium. However, it does not imply it is
allowed outside of meeting all the conditions in this section.
B. Rental Terms. Any rental of an ADU or JADU shall be for a period exceeding 30 consecutive
days.
C. Owner Occupancy for JADUs. The owner must reside in either the remaining portion of the
primary dwelling or in the newly created JADU. Owner occupancy shall not be required when
the owner is another governmental agency, land trust, or housing organization.
17.100.100 Existing nonconforming units.
A. Notwithstanding any other law, and except as provided in subsection B, the City will not deny
a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, based
on the following:
1. The ADU or JADU is in violation of building standards pursuant to Division 13 Part 1.5
Chapter 5 Article 1 of the Health and Safety Code.
2. The ADU or JADU does not comply with Title 7 Division 1 Chapter 13 Article 2 or Article
3 of the Government Code, as applicable, or a local ordinance regulating ADUs or JADUs.
B. Notwithstanding subsection A, the City may deny a permit to an unpermitted ADU or JADU
described in subsection A if the local agency finds that a correction of the violation is
necessary to comply with the standards identified in Section 17920.3 of the Health and Safety
Code.
C. Homeowners may obtain a confidential third-party code inspection from a licensed contractor
to determine the unit's existing condition or potential scope of building improvements prior to
Ordinance No. 1049— Page 10 of 11
submitting a building permit application.
D. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed
before January 1, 2020, shall not be required to pay impact fees or connection or capacity
charges except when utility infrastructure is required to comply with Section 17920.3 of the
Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324
of the Government Code.
E. Subject to compliance with Section 17920.3 of the Health and Safety Code, upon receiving
an application to permit a previously unpermitted ADU or JADU constructed before January
1, 2020, an inspector may inspect the unit for compliance with health and safety standards
and provide recommendations to comply with code that may be necessary to obtain a permit.
Should the inspector find noncompliance with health and safety standards, the City shall not
penalize the applicant for having the unpermitted ADU or JADU and will approve necessary
permits to correct noncompliance with health and safety standards."
Ordinance No. 1049—Page 11 of 11