Accessory Dwelling Units
Marina Municipal Code Section 17.42.040 Accessory Dwelling Units, was recently added by Ordinance No. 2020-06, which was adopted on October 20, 2020, and codified on November 21, 2020. The new ADU/JADU webpage summarizes this ordinance and explains how the City allows various types of ADUs on different properties. Additional information about ADUs and JADUs is available on the California Department of Housing and Community Development website.
Types of Accessory Dwelling Units (ADU)
Junior Accessory Dwelling Unit (JADU)
JADU Definition: A dwelling unit no larger than 500 square feet, includes an efficiency kitchen, and is entirely contained within the walls of an existing or proposed single-family residence (including attached garages). The JADU either includes its own sanitation facilities, or shares sanitation facilities with the existing residence.
Benefits of ADUs
Where are ADUs and JADUs allowed?
Step 1 - Zoning Clearance
Submit a site plan, floor plan, and building elevations to the Planning Division. Within three weeks, Planning staff will review the application and determine if the proposed ADU or JADU complies with the municipal code and state law. A consistency determination will be made in the form of a zoning clearance letter. Apply for zoning clearance here.
Include the number and location of bedrooms, bathrooms, and kitchen facilities; the height of the building from ground to highest point of roof; and the location of the proposed ADU or JADU on site, including setbacks to property lines.
Step 2 - Building Permit
Submit a full plan set stamped and signed by a certified architect to the Building Division. For a full list of requirements, refer to the Building Division Submittal Guidelines.
Step 3 - Required Forms and Fees
Governmental agencies and service providers charge fees for some ADUs. A list of agencies and service providers is included in the FAQ below. The City of Marina recommends the applicant discuss fees with agencies and service providers early in the application process.
Step 4 - Deed Restriction
State law prohibits ADUs and JADUs constructed prior to January 1, 2025 from being used as short-term rentals. After obtaining a building permit and prior to final occupancy of the ADU or JADU, submit a Deed Restriction Form to the Planning Division for recordation with Monterey County. Separate forms for ADUs and JADUs are available under Regulations and Standards above.
ADU/JADU Frequently Asked Questions
What is an accessory dwelling unit (ADU)?
An ADU is an attached or detached residential dwelling unit that provides complete independent living facilities and is located on a lot with a proposed or existing primary residence. An ADU includes bathroom and kitchen facilities separate from the primary residence on the same lot.
What is a junior accessory dwelling unit (JADU)?
A JADU is a unit no more than 500 square feet in size contained entirely within a single-family residence. A JADU includes a cooking facility with appliances and may include a separate bathroom or shared bathroom facilities with the primary residence.
Is an accessory dwelling unit (ADU) the same as an accessory structure?
No. An accessory structure is a building not intended for living purposes.
Where are ADUs and JADUs allowed in Marina?
ADUs and are permitted in any zoning district where single-family or multifamily dwellings are a permitted or conditionally permitted land use. JADUs are permitted in any zoning district where single-family dwellings are a permitted or conditionally permitted land use.
Where can I put an ADU on my property?
An ADU may be attached to, detached from, or located within the primary residence. An ADU may consist of new construction or the conversion of an existing structure or space within a primary residence.
How many ADUs and JADUs are allowed on my property?
On lots with single-family dwellings, one attached ADU or one JADU is allowed per parcel. In addition to a JADU, a lot with a single-family dwelling may have one detached ADU.
On lots with multifamily dwellings, no more than two detached ADUs are allowed per parcel, and the number of internal ADUs created from existing space within a multifamily dwelling may be equal to up to 25% of the existing multifamily dwelling units. No JADUs are allowed on lots with multifamily dwellings.
How large can my ADU be?
A studio or 1-bedroom ADU is limited to 850 square feet. An ADU consisting of two or more bedrooms may be up to 1,000 square feet. An ADU that cannot meet all the development standards of a site (setbacks, height, lot coverage, etc.) is still permitted but can be no larger than 800 square feet.
What are the required setbacks for an ADU?
An ADU must be located in the rear portion of a yard no closer than four feet to the side and rear property lines. An ADU resulting from the conversion of an existing structure is not subject to setback requirements.
What is the maximum height allowed for an ADU?
An ADU is limited to 16 feet in height. If the ADU is constructed on a vacant lot in conjunction with a newly constructed primary single-family dwelling on the same lot and the first story of the ADU includes parking for the unit and access to that parking from the street, then the maximum permitted height is 24 feet. An ADU resulting from the conversion of an existing structure is not subject to height requirements.
Does an ADU impact my property’s overall lot coverage?
Yes—any roofed structure counts toward a parcel’s lot coverage as defined in the Marina Municipal Code. If the construction of an ADU would result in excess lot coverage, the ADU may be no larger than 800 square feet. An ADU resulting from the conversion of an existing structure is not subject to lot coverage requirements.
Is additional parking required for my JADU or ADU?
Probably not. A JADU is not required to provide additional off-street parking, and no replacement parking is required if the JADU results from the conversion of a garage. Because most parcels where ADUs would be permitted in Marina are located within ½ mile walking distance of transit, most ADUs do not require additional off-street parking, either. Check with Planning Division staff to see if your project would require a separate off-street parking space.
Are fire sprinklers required?
A detached ADU is required to have fire sprinklers only if the primary residence is required to have fire sprinklers. If an attached ADU, including any additions to the existing house, will be greater than 750 square feet, the entire house and the ADU are required to be protected with a fire sprinkler system.
Are solar panels required?
Yes, newly constructed ADUs are subject to the California Energy Code requirement to provide solar panels if the unit is a newly constructed, non-manufactured, detached ADU.
OWNERSHIP AND LEASE REQUIREMENTS
Can I use my ADU or JADU as a short-term rental (STR)?
No. ADUs and JADUs cannot be rented for less than 30 consecutive days. Prior to occupancy of an ADU or JADU, an applicant must submit a Deed Restriction Form to the City of Marina Planning Division certifying that the ADU or JADU will not be used as an STR.
Are there owner-occupancy requirements for ADUs and JADUs?
ADUs are not subject to owner occupancy-requirements.
For parcels with a JADU, the property owner must live in either the JADU or the single-family residence.
Can my local Homeowners Association (HOA) prohibit the construction of an ADU or JADU?
No. Covenants, conditions, and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU are void and unenforceable.
FEES AND COSTS
What are the fees associated with building an ADU or JADU?
JADUs may be subject to hookup or connection fees for water and sewer service. Check with Marina Coast Water District (MCWD) for more information.
ADUs 500 square feet and larger are subject to impact fees assessed by the Monterey Peninsula Unified School District (MPUSD) on a per square foot basis. ADUs 750 square feet and larger are subject to impact fees assessed by the Transportation Agency for Monterey County (TAMC). The City of Marina is permitted under state law to assess impact fees on ADUs 750 square feet and larger. However, the City is not currently collecting fees for ADUs.
ADUs may also be subject to hookup or connection fees for water and sewer service. Check with MCWD for more information.
Monterey Peninsula Unified School District – (831) 645-1269
Transportation Agency for Monterey County – (831) 775-0903
Fee Implementation Worksheet - available on the TAMC web page.
Marina Coast Water District – (831) 384-6131
City of Marina Building Division – (831) 884-1214
Will my property taxes increase if I build an ADU?
Yes. The primary house will not be reassessed but your taxes will increase based on the value of the ADU. For more information, contact the Monterey County Assessor.
Monterey County Assessor – (831) 755-5035
How do I go about building an ADU or JADU?
See the process flowchart below. Start with an application for Zoning Clearance with the Planning Division. Once clearance has been obtained, submit a full plan set to the Building Division, complete required forms and pay required fees, and submit a deed restriction form to Monterey County prior to final occupancy of the ADU or JADU.
Can I build a new house and an ADU and/or JADU at the same time?
Yes. State law allows an ADU and/or JADU to be constructed in tandem with a new single-family dwelling.