Newark Municipal Code 17.16.030 covers ADUs


a. Permitting procedure. Any application for an ADU that meets the applicable location and development standards contained in Section 17.16.030 shall be subject to ministerial review and approval without discretionary review or public hearing. All permits shall be issued within one hundred twenty days of submission of a complete application for ADUs conforming to the provisions of this section.

b.Building permit required. No ADU shall be established or maintained until there has been a building permit approved by the city.

Locational criteria.

i. In no case shall the total number of dwelling units exceed two (including the principal residence) on any lot wherein a principal single-family residence has been authorized.

ii. ADUs are not required to meet the density requirements of the general plan or zoning ordinance and do not count toward the permissible number of units per acre (or required lot area per dwelling). However, ADUs shall otherwise be consistent with the general plan text and diagrams as provided in California Government Code Section 65852.2.

iii. An ADU shall be located only within the area of the lot allowed for the principal residence as established by its zoning district, except as provided in Section 17.16.030.

iv. An ADU may be attached to the principal residence either created through conversion of existing floor area or addition of new floor area to the principal residence or may also be detached.

v. An ADU shall not be counted in any ordinance, policy, or program to limit growth, such as, but limited to, the number of residential units permitted in a year.

e. Occupancy criteria.

i. Intentionally left blank.

ii.The rental of ADUs for terms shorter than thirty days shall be prohibited.

iii. Nothing in this section shall be construed so as to limit the ADU or principal residence on the lot from remaining vacant.

f. Size.

i. An ADU must be a minimum of one hundred fifty square feet and may not exceed the lower of six hundred square feet or fifty percent of the existing living area of the principal residence on the property.

ii. An ADU may not include more than one bedroom.

g. Design.

i. An ADU shall incorporate architectural features, building materials and colors that are compatible with the principal residence and the adjacent neighborhood.

ii. Outside stairways to the ADU shall not be in the front of the principal residence.

iii. If the ADU is visible from the public right-of-way it would be subject to the single family design review process.

Permanent foundation. A permanent foundation shall be required for all detached ADUs.

a. Location. A SADU may only be permitted where only one principal residence exists on the lot. SADUs are not permitted in duplexes, triplexes, or other buildings with more than one principal residence.

b. Building height. A SADU may not exceed the building height limitation applicable to the principal residence on the lot.

c. Connection to street. No passageway shall be required in conjunction with the construction of a SADU, unless such a connection is mandated by the Americans with Disabilities Act, or other state or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky and that extends from the street to the door of the SADU.

d. Separation. Except as noted in subsection e. below, detached SADUs must be separated from other habitable structures on site by at least ten feet. The separation may be reduced to eight feet if one structure is equipped with fire sprinklers or six feet if both structures maintain fire sprinklers. Roof eave projections into this separation may be limited by applicable building code(s).

City of Newark

Planning Division