40 MONTEREY COUNTY WEEKLY OCTOBER 1-7, 2026 www.montereycountynow.com classifieds Legal Notices CITY COUNCIL ORDINANCE NO. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL REY OAKS REPEALING THE EXISTING ACCESSORY DWELLING UNIT ORDINANCE IN ITS ENTIRETY AND APPROVING A COMPREHENSIVE REPLACEMENT TO CHAPTER 17.70 OF THE DEL REY OAKS MUNICIPAL CODE TO ENSURE FORMAL TEXTUAL COMPLIANCE WITH REVISED CALIFORNIAN STATE HOUSING MANDATES (GOVERNMENT CODE SECTIONS 66310–66342) WHEREAS, the State of California is experiencing a housing supply crisis, with housing demand far outstripping supply; and WHEREAS, the California Department of Housing and Community Development (HCD) issued an official Ordinance Findings Letter on August 14, 2024, followed by a subsequent Letter of Technical Assistance to the City of Del Rey Oaks on February 27, 2026, noting that while the City adheres to current state law in its administrative practices, the formal ordinance text on file remains outdated; and WHEREAS, the California Legislature passed Senate Bill 477 (2024), which completely repealed the former statutory chap‑ ters governing local secondary dwellings and renumbered them into an entire newly consolidated state framework under California Government Code Sections 66310 through 66342; and WHEREAS, the State has enacted legislation to encourage the construction of Accessory Dwelling Units (“ADU”), which includes new standards that limit how municipalities can regulate the permitting and development of ADUs; and WHEREAS, California Government Code Section 66326(d) pro‑ vides that if a local agency fails to update its municipal code or timely respond to state corrections, its existing local zoning rules are rendered entirely null and void as a matter of law, stripping the City of all local development controls; and WHEREAS, the City currently implements all state‑mandated ADU and Junior ADU streamlined requirements, but recogniz‑ es that amending the formal municipal text is necessary to align the Del Rey Oaks Municipal Code with active statutory structures; and WHEREAS, the Planning Commission of the City of Del Rey Oaks conducted a duly noticed public hearing on August 12, 2026, reviewed the text amendments, and recommended the approval of the replacement ordinance text for City Council approval. WHEREAS, the City Council (“Council”) recognizes that ADU can provide additional affordable housing opportunities in the City; and WHEREAS, the Council finds that it is appropriate to repeal Chapter 17.70 regarding “Accessory Dwelling Units” and replace this code with new standards for ADU; and WHEREAS, on August 25, 2026, the Council conducted a pub‑ lic hearing to consider the Commission’s recommendation, and after considering public testimony, the staff report and all submitted evidence, the Council now desires to approve the proposed ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL REY OAKS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: REPEAL AND REPLACEMENT OF CHAPTER 17.70 Chapter 17.70 of the Del Rey Oaks Municipal Code is hereby amended, repealed in parts, and replaced to read in its entire‑ ty as follows: CHAPTER 17.70 ‑ ACCESSORY DWELLING UNITS 17.70.010 ‑ Purpose and Intent The purpose of this chapter is to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformity with California Government Code Title 7, Division 1, Chapter 13 (Sections 66310 through 66342). These provisions are designed to allow infill housing production while protect‑ ing the established public health, safety, and single‑family/ multifamily residential parameters of Del Rey Oaks. 17.70.020 ‑ Definitions • “Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include perma‑ nent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family or multifamily dwelling is or will be situated. An ADU also includes the following (Government Code Section 66313(a)): o An efficiency unit. o A manufactured home as defined in Section 18007 of the Health and Safety Code. • “Efficiency Unit” means a dwelling unit that contains a minimum of 190 square feet in living space, a separate closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower (Government Code Section 66313(c); Health and Safety Code Section 17958.1). • “Manufactured Home” means a structure that was con‑ structed on or after June 15, 1976, is transportable in one (1) or more sections, is eight (8) body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single‑family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (Health and Safety Code Section 18007(a)). • “Junior Accessory Dwelling Unit” or “JADU” means a unit that is no more than 500 square feet in interior liv‑ able space and contained entirely within a single‑fam‑ ily residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure (Government Code Section 66313(d)). • “Livable Space” means a space in a dwelling intended for human habitation, including living, sleeping, eat‑ ing, cooking, or sanitation (Government Code Section 66313(e)). • “Objective Development Standards” means standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion avail‑ able and knowable by both the development applicant or proponent and the public official prior to submittal. 17.70.030 ‑ Processing, Timelines, and Rolling Objections • A. Application and Fee: Application for an ADU shall be processed ministerially and shall be accompanied by the appropriate fee. An ADU shall be permitted through the issuance of a building permit. • B. Completeness Review: Within fifteen (15) busi‑ ness days of receiving an application for an ADU or JADU, the City shall issue a written determination to the applicant specifying whether the application is complete or incomplete (Government Code Section 66317(a)(1)‑(2)). • C. Deemed Complete: If the City fails to provide a writ‑ ten determination of incompleteness within fifteen (15) business days, the application shall be deemed complete by operation of law as of the sixteenth (16th) business day, and the mandatory 60‑day ministerial clock to approve or deny the permit shall commence (Government Code Section 66317(a)(2)(F) and 66317(a)(3)). • D. Prohibition on Rolling Objections: If an application is deemed incomplete, the City’s written notice shall itemize all missing or non‑compliant elements. When the applicant resubmits corrected plans, the City shall not raise any new objections, comments, or requests for information that were not explicitly cited in the initial written notice of incompleteness. The City is subject to the same review timelines described under subparagraph (B). (Government Code Section 66317(a)(2)(B)‑(F). • E. Approval Process: The City shall approve or deny the application within 60 days from the date the City received the completed application if there is an existing single‑family or multifamily dwelling on the lot. If the permit application to create or sever an ADU is submitted with a permit application to create a new single‑family or multifamily dwelling on the lot, the City may delay approving or denying the permit application for the ADU until the City approves or denies the permit application to create the new single‑family or multifamily dwelling, but the appli‑ cation to create or sever the ADU shall be considered without discretionary review or hearing. If the appli‑ cant requests a delay, the 60‑day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved. The City may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an ADU (Government Code Section 66317(a)(3)). • F. Appeals: An applicant may appeal a completeness determination pursuant to Section 17.70.030(D) or denial pursuant Section 17.70.030(E) in writing to the Planning Commission, no later than 15 calendar days from either action. The Planning Commission must issue a written determination on the appeal within 60 business days of the City’s receipt of the written appeal. The Planning Commission’s decision is final and not appealable. • G. Right to Appeal: If a permit application for an ADU or JADU is deemed incomplete or is denied, the permitting agency is required to establish a process allowing the applicant to appeal the decision in writing. This appeal must be directed to the Planning Commission per section 17.70.030(F) of this Chapter. 17.70.040 - Permitted Uses, Requirements, and Restrictions • A. Permitted Zones: ADUs and JADUs are permit‑ ted ministerially in any zone where residential or mixed‑use developments are allowed by right or conditional use. • B. Ownership and Separate Sale: An ADU or JADU shall not be sold or otherwise conveyed separately from the primary dwelling, except as authorized by California Government Code Section 66341 for properties built or developed by qualified housing non‑profit corporations, or if the City explicitly adopts an AB 1033 partition framework. • C. Owner Occupancy: 1. ADUs: Owner occupancy is not required for an ADU. 2. JADUs: Owner occupancy is required in either the remaining portion of the primary residence or the JADU itself where the JADU unit has shared sanitation facilities with the existing structure. Owner‑occupancy shall not be required if the JADU unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization (Government Code Section 66333(b)). • D. Short‑Term Rental Restriction: No ADU or JADU shall be rented or offered for rent for a period of less than thirty (30) consecutive days (Government Code Section 66323(e)). 17.70.050 – Spatial and Design Configurations • A. Statewide Exempt ADUs (“66323 Units”): The City shall ministerially approve a building permit for ADUs and JADUs conforming with Government Code Section 66323. 66323 Units need only comply with the development standards set forth in this subsec‑ tion. Lots with existing or proposed single family developments are entitled to no more than three (3) 66323 Units: one (1) internal ADU, one (1) JADU, and one (1) detached ADU, as more specifically described below: o 1. Single‑Family Developments: i. One (1) internal ADU and (1) JADU. For a lot with an existing or proposed single‑family dwelling, one (1) internal ADU and/or one (1) JADU if all of the following requirements are met. a. The ADU or JADU is within the proposed space of a single‑family dwelling or existing space of a single‑family dwelling, accessory build‑ ing, or accessory structure. ADUs converted from an accessory building or structure are eligible for a 150‑square‑foot expansion. An expansion beyond the physical dimensions of the existing accessory building or structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the pro‑ posed or existing single‑family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Government Code Section 66333 et seq. e. Internal ADUs and JADUs, constructed concur‑ rently with the primary dwelling unit, shall not exceed the maximum allowed floor area limit or floor area ratio of the zoning district. f. The height of an attached unit shall not exceed a height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. This sub‑ paragraph shall not require the City to allow an ADU to exceed two (2) stories (Government Code Section 66321(b)(4)(D). ii. One (1) detached ADU. For a lot with an existing or proposed single‑family dwelling, one (1) detached, new construction ADU that meets all the following requirements. a. The ADU shall not exceed 800 square feet of interior livable space. b. The ADU shall have a minimum rear and side setback of four (4) feet. c. The ADU shall conform to the following max‑ imum height limitations (Government Code Section 66321): • A height of 16 feet for a detached ADU on a lot with an existing or proposed single family dwelling unit. • A height of 18 feet for a detached ADU on a lot with an existing or proposed single family dwelling unit that is within one‑half of one (1) mile walking distance of a major transit stop or a high‑quality transit corri‑ dor, as those terms are defined in Section 21155 of the Public Resources Code. The City shall also allow an additional two (2) feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. o 2. Multifamily Developments: i. Internal Multifamily ADUs. ADUs are permitted within portions of existing multifamily residential structures not used as livable space, including but not limited to storage rooms, boiler rooms, pas‑ sageways, attics, basements, or garages, provided each unit complies with building standards. At least one (1) internal ADU and up to twenty‑five percent (25%) of the existing number of multifamily dwell‑ ing units are permitted. ii. Detached Multifamily ADUs. ADUs that are located on a lot that has an existing or proposed multifam‑ ily dwelling, but are detached from that multifamily dwelling, are subject to the following: a. On a lot with an existing multifamily dwell‑ ing, not more than eight (8) detached ADUs. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing units on the lot.
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