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ADUs within Existing Structures • The City must approve a building permit for an ADU on a residential lot with an existing single-family residence, notwithstanding other requirements of Government Code 65852.2, under the following circumstances: o The ADU is contained within the existing space of a single-family residence or accessory structure. o The ADU has independent exterior access from the existing residence. o The side and rear setbacks are sufficient for fire safety, as determined by the City. Utility Fees and Connections • ADUs shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges. • The applicant/property owner cannot be required to install a separate direct connection between the ADU and the utility for ADUs contained within an existing structure. • ADUs not within an existing structure can be required to install a new or separate utility connection and be subject to a connection fee or capacity charge. Such fee or charge is required to be proportionate to the burden imposed by the ADU on the water or sewer system based upon either its size or number of plumbing fixtures. State Regulations for JADUs Below is a summary of the State's regulations and requirements contained in Government Code for JADUs and the City's obligations for adhering to those regulations when adopting an ordinance. City Regulation Limitations • The JADU must be located entirely within the existing structure of the single-family residence and have its own separate interior and exterior entrances. • The property owner is required to occupy/reside in the single-family residence in which the JADU is created or occupy/reside in the JADU. • A JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke detectors. Life and protection ordinances that affect single-family residences are to be applied uniformly to all single-family residences, regardless of the presence of a JADU. • The property owner must record a deed restriction stating that the JADU: o cannot be sold separately from the single-family residence; and o has size limitations and other requirements of the JADU ordinance. Zoning and Development Standards • A JADU cannot exceed 500 square feet in area. P16-1900, Accessory Dwelling Units Planning Commission Page 4 of 8