The Code Amendment proposed concerning Accessory Dwelling Units (ADUs) was in response to the provisions of AB 1866, effective July 1, 2003 (Government Code §65852.150 et seq.), which mandates the creation of accessory second dwelling units in the single family zones. In acccordance with AB 1866, the City must allow ADUs on residentially zoned lots. The ADUs are required to be provided ministerial, without discretionary review or hearing.

An Accessory Dwelling Unit (ADU), also referred to as a granny flat, secondary dwelling unit, elder cottage housing opportunity (ECHO), or mother-daughter residence, is an apartment that can be located within the walls of an existing or newly constructed single-family home or can be an addition to an existing home. It can also be a freestanding structure on the same lot as the principal dwelling unit or a conversion of a garage or barn.

While the Department has been operating through the interim guidelines established in a Departmental Memorandum in order to issue permits for accessory dwellings, the guidelines have not been adopted into the Code, thereby requiring the City to come into compliance and codify standards. This process has now been placed on indefinite hold.

In the absence of a local City ordinance, the folowing State standards contained will apply:
1. The unit is not intended for sale and may be rented.
2. The lot is zoned for single-family or multifamily use.
3. The lot contains an existing single family dwelling.
4. The accessory unit is either attached or detached to the existing dwelling and located on the same lot.
5. The increased floor area of an atached accessory unit shall not exceed 30% of the existing living area.
6. The total area of floor space for a detached second unit shall not exceed 1,200 square feet.
7. Height, setback, lot coverage, architectural review, fees, and other zoning requirements must be satisfied.
8. Local building code requirements must be satisfied.