16.303 ACCESSOrY DWELLING UNITS

16.303.01 PURPOSE AND APPLICABILITY

The provisions outlined in this Chapter are intended to:

A. Implement California Government Code Sections 65852.2 and 65852.22 for the development of accessory dwelling units to increase the supply of smaller and more affordable residential units; B. Expedite small-scale infill development; and C. Implement the goals of the General Plan 2040

Housing Element to facilitate production of housing to accommodate Vallejo’s fair share of the regional housing demand and Increase the overall supply and range of housing options in Vallejo.

Any application for an Accessory Dwelling Unit (ADU) or Junior Accessory Unit (JADU) that meets the location and development standards as provided in Section 16.303.02, Required Standards shall be processed ministerially; requiring a Zoning Compliance Review, pursuant to Chapter 16.603, Zoning Compliance Review, and shall not require a Discretionary Zoning Permit, per California Government Code Section 65852.2.

16.303.02 REQUIRED STANDARDS

A. Zoning. The lot is zoned for residential use and contains no more than one single-unit residential dwelling or primary unit, or one multiple unit structure which can also be constructed on the lot in conjunction with the construction of the ADU. B. Location on a lot. The ADU can either be attached to the primary residential dwelling unit, located within the living area of the primary unit or an accessory structure, or detached from the primary unit if located on the same lot as the primary unit. An accessory structure includes a studio, pool house, or other similar structure. C. Subdividing. No lot with an ADU shall be subdivided so that an ADU is on a separate lot from the primary unit with which it is associated. D. Number per lot. More than one ADU may be located on any lot under the following circumstances and subject to compliance with all of the applicable requirements of this Chapter: 1. One JADU is within the primary unit structure and one ADU is located either within the existing primary unit, in an addition to the existing unit or in a detached structure; 2. One ADU or more is created through conversion of existing non-habitable space within a multipleunit building as long as the total number of accessory units does not exceed 25 percent of the total number of units within the building; or 3. Up to 2 ADUs are created in a detached structure on the same lot as an existing multiple unit building.

E. Unit Size. The floor area of an ADU within the living area or structure of the primary unit or attached to the primary residential dwelling unit shall not exceed 50 percent of the total floor area of the primary residential unit. The floor area of a detached ADU shall not exceed 1,200 square feet. See

Section 16.303.03, Junior Accessory Development

Units, for size of JADU. A garage converted to an

ADU is considered an attached ADU or JADU. F. Height. A new detached ADU may not exceed 25 feet in height or 2 stories, whichever is less. The height of an ADU shall not exceed the height of the primary unit unless the ADU is above a detached garage and is no closer to the front property line than the entire primary unit. An ADU located entirely within an existing structure shall not be subject to these height regulations. G. Setbacks. A new detached ADU constructed above a garage shall be a minimum of 5 feet from the side or rear property line. A new detached ADU shall be a minimum of 4 feet from the side property line and the primary residential unit. No setback is required for:

1. An existing garage that is converted to an

ADU or JADU, or a portion of an ADU; 2. A conversion of an existing accessory structure to an ADU; or 3. Placement of an ADU within an existing residence, if side and rear yard access is determined to be sufficient for fire safety by the Fire Division.

H. Lot Coverage. The construction of an ADU shall not cause lot coverage to exceed the maximum allowed on the parcel by this Zoning Code. I. Connectivity and Access. No passageway shall be required between an ADU and the primary unit. An

ADU that is created from conversion of floor within an existing dwelling unit or in an addition may have independent exterior access from the existing unit.

J. Design Compatibility. The design of any ADU requiring new construction or changes to the exterior of an existing structure shall be compatible with the existing primary unit as described in this Chapter.

Design compatibility is defined as matching or being generally similar to the primary unit with respect to:

1. Shape, style, size and placement of exterior doors and windows; 2. Building siding or cladding materials and colors; and 3. Style of roof, roofing materials, and roof pitch.

K. Historic District. An ADU constructed in an historic district shall comply with all applicable objective historic standards. Any ADU that may have a potentially significant impact on any real property that is listed in the California Register of Historic Places is subject to environmental review as required by the Section 15064.5 of the CEQA Guidelines (California Code of Regulations, Determining the Significance of

Impacts to Archeological and Historical Resources). L. Off-street Parking and Vehicular Access. The ADU shall be provided with one additional off-street parking space than required for a single-unit dwelling. The additional space may be covered, uncovered, or tandem.

No replacement parking is required when a garage, carport, or covered parking structure is demolished or converted to allow for construction of an ADU.

The requirement for an additional parking space is waived under any of the following conditions:

1. The ADU is fully contained within the proposed or existing primary unit or in an existing accessory structure; 2. The ADU is located within one-half mile walking distance of a public transit stop or terminal; 3. The ADU is located on a street that requires

On-Street Parking Permits and where a

Parking Permit is not offered or otherwise available to the occupant of the ADU; 4. The ADU is located on a property where access is from a street with an unobstructed width of less than 20 feet, except for approved security gates, as the California Fire Code requires for fire apparatus access; 5. The ADU is located on property within a designated historic district; 6. The ADU is located within one block of a car share program area. M. Units for the Disabled. To encourage the development of housing units for disabled individuals and persons with limited mobility, the Director may determine that reasonable deviation from the above requirements is necessary to install features that facilitate access and mobility for disabled persons. Such deviations may include the construction of ramps within the minimum side and rear yards, the design of doors and windows which are not completely architecturally consistent, and others as deemed appropriate.

16.303.03 JUNIOR ACCESSORY DEVELOPMENT UNITS

A JADU, also known as an efficiency unit, may be created within the walls of a proposed or existing primary residential dwelling unit or primary unit subject to the following regulations:

A. There may be no more than one JADU per parcel; B. The JADU shall have an area of at least 150 feet and may not exceed 500 square feet; C. The JADU shall be located entirely within the existing or proposed primary unit and have its own separate entrance except the existing building envelope may be expanded by up to 150 square feet to provide ingress and egress to the JADU; D. The unit shall include an efficiency kitchen with a sink, cooking appliance, cooking surface and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed; E. The JADU may share a bathroom with the primary residence or have its own bathroom; F. No additional parking is required. G. The JADU or primary unit must be owner-occupied.

16.303.04 PROCEDURES

A. Application requirements. Applications for

ADUs and JADUs shall be submitted in writing on application forms issued by the Planning Division and shall include all of the information specified in application requirements established by the

Director including building plans with sufficient information to make a proper determination that the project meets the standards specified in

Section 16.303.02, Required Standards.