A.

Purpose.

1.

The city finds and declares that accessory dwelling units are an important form of housing that contributes to the character and diversity of housing opportunities in the city. Accessory dwelling units provide workforce housing, housing for family members, students, elderly, in-home health care providers, the disabled and others, at below market rental rates within existing neighborhoods.

2.

It is the intent of the city to encourage accessory dwelling units and, additionally, to impose standards on such units that will enable homeowners to create accessory dwelling units that will be compatible, as much as possible, with their neighborhoods. An additional purpose of this chapter is to comply with Government Code § 65852.2 relative to accessory dwelling units and junior accessory dwelling units.

B.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

The terms "accessory dwelling unit," "public transit," "passageway, and "tandem parking" all have the same meanings as that stated in Government Code § 65852.2.

2.

Housing organization shall have the same meaning as defined in Government Code § 65589.5(k)(2).

3.

Junior accessory dwelling unit shall have same meaning as that stated in Government Code § 65852.22(h)(1).

(Code 1985, § 17.75.010; Ord. No. 564, § 3, 12-9-2019)

A.

Accessory dwelling units are permitted in all zones within the city where single-family or multifamily residential units are permitted, subject to the owner first obtaining an accessory dwelling unit permit from city staff. Except that no accessory dwelling unit shall be permitted in any area of the city identified by resolution of the planning commission and/or city council as being significantly impacted by insufficient capacity for water, sewers, traffic circulation, parking, public utilities or similar infrastructure needs.

B.

An application for an accessory dwelling unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the planning department on a city-approved application form and subject to the established fee. The application for an accessory dwelling unit shall be reviewed by the planning department for compliance with the provisions of this section. The planning department shall ministerially approve the creation of an accessory dwelling unit, and no public hearing shall be required, if the accessory dwelling unit complies with this section and all of the following:

1.

The unit is not intended for sale separate from the primary residence and may be rented.

2.

The lot is zoned for single-family or multifamily use.

3.

The accessory dwelling unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

4.

Compliance with all requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located, unless otherwise provided in this chapter 17.75, in which case the proposed accessory dwelling unit or junior accessory dwelling unit meets the standards set forth in this chapter 17.75.

5.

Local building code requirements that apply to detached dwellings have been met.

6.

Approval by the local health officer has been given where a private sewage disposal system is being used.

(Code 1985, § 17.75.020; Ord. No. 564, § 3, 12-9-2019)

All accessory dwelling units shall not exceed the size standards listed below for attached or detached units or garages.

A.

Attached units in single-family dwellings. The maximum floor area of an attached accessory dwelling unit on a single-family lot shall be the higher of the following applicable standards:

1.

850 square feet for an accessory dwelling unit that is a studio or one-bedroom unit;

2.

1,000 square feet for an accessory dwelling unit that has two or more bedrooms; or

3.

50 percent of the total floor area of the existing or proposed primary dwelling.

B.

Detached units on single-family dwelling lots.

1.

A detached unit shall not exceed 1,200 square feet of living area.

2.

A single-car carport may be attached to the detached accessory dwelling unit.

C.

Units on multifamily dwelling lots. The maximum floor area of an attached (including non-livable space converted to a residential dwelling unit) or detached accessory dwelling unit on a multifamily dwelling lot shall be either:

1.

850 square feet for an accessory dwelling unit that is a studio or one-bedroom unit; or

2.

1,000 square feet for an accessory dwelling unit that has two or more bedrooms.

D.

Setback requirements.

1.

No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

2.

For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines, and comply with all other applicable front yard setbacks, and any setbacks between structures.

(Code 1985, § 17.75.030; Ord. No. 564, § 3, 12-9-2019)

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A.

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multifamily residence as an existing or proposed primary unit on a lot.

B.

Number of accessory dwelling units per lot.

1.

a.

For lots with proposed or existing single-family residences, no more than one attached or detached accessory dwelling unit shall be permitted on the lot.

b.

Notwithstanding the above, a lot with a single-family residence may have one junior accessory dwelling unit and one detached accessory dwelling unit.

2.

For lots with existing multifamily residential dwellings:

a.

No more than 25 percent of the number of the existing units, but at least one unit, shall be permitted as accessory dwelling units constructed within the non-livable space of the existing building provided that applicable building codes are met; or

b.

No more than two detached accessory dwelling units, provided that no such unit shall be more than 16 feet in height, unless located above covered parking, in which case the combined structure shall be no more than 26 feet in height. The dwelling unit shall have a minimum of four-foot side and rear yard setbacks. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall comply with the limits set forth in section 17.75.024.

C.

Building code compliance. All new accessory dwelling units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with title 24 of the California Code of Regulations (CCR title 24) However, fire sprinklers shall not be required if they were not required in the primary residence.

D.

Fees and charges.

1.

City/public utilities.

a.

All accessory dwelling units and junior accessory dwelling units must be connected to public utilities, including water, electric, and sewer services, or meet state law requirements for provision of these utilities through other means such as accessing water through a well, septic tank installation, etc.

b.

Except as provided in subsection D.1.c of this section, the city may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. The connection fee or capacity charge shall be as established by this Code.

c.

No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

d.

Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units and junior accessory dwelling units shall not be considered a new residential use unless the unit was constructed with a new single-family dwelling.

2.

Application fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the city council.

E.

Parking.

1.

The city shall not require the owner to provide more than one additional parking space per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:

a.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or

b.

Within a setback area or as tandem parking in locations determined feasible by the city for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city.

2.

No parking shall be required for a studio accessory dwelling unit that does not have a separate bedroom.

3.

Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or an accessory structure;

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e.

Where there is a car share vehicle located within one block of the accessory dwelling unit.

4.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

5.

No new curb cuts are allowed for an accessory dwelling unit unless the director of public works determines the curb cuts are reasonably necessary and serve the public interest.

F.

Occupancy. Until January 1, 2025, the city shall not impose an owner-occupancy requirement on any newly permitted accessory dwelling unit on a lot with a single-family dwelling. After that date this prohibition shall no longer be of force and effect and one of the units on the property must be occupied by the property owner. The city shall require the property owner to file a deed restriction outlining the owner-occupancy requirement. The purpose of the deed restriction is to create a perpetual notice to the new purchasers of the requirement to maintain the owner-occupancy requirement.

G.

Deed restrictions. Before obtaining an accessory dwelling unit permit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

1.

The accessory dwelling unit shall not be sold separately;

2.

The accessory dwelling unit is restricted to the maximum size allowed per the development standards set forth in this section;

3.

The restrictions shall be binding upon any successor in ownership of the property; and

4.

Lack of compliance may result in legal action by the city against the property owner.

H.

Historic preservation. If the accessory dwelling unit is to be constructed on a parcel identified on any federal, state or local list of historic or formally determined eligible historic resources, the accessory dwelling unit shall not adversely comprise the property's integrity to convey its historic significance through its: setting, location, design, materials, workmanship, feeling or association, as described in National Register Bulletin 15. Likewise, the accessory dwelling unit shall not be placed or constructed so as to result in a modification of the existing historic resource on the parcel, unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's Standards for Treatment of Historic Properties.

I.

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

1.

The materials, colors, and architecture shall be complementary to those of the primary unit.

2.

Accessory dwelling units shall not exceed the height level of the tallest existing structure on the parcel or as required in the base zoning district, whichever is less, unless located above covered parking, in which case the combined structure shall be no more than 26 feet in height.

3.

Lighting shall not spill on to neighboring lots.

J.

Distance. The distance between any detached accessory dwelling unit and the main dwelling shall comply with those requirements applicable to garages and other accessory buildings.

(Code 1985, § 17.75.040; Ord. No. 564, § 3, 12-9-2019; Ord. No. 577, §§ 1, 2, 4-25-2022)

A.

Accessory dwelling unit permits shall be approved for the following types of accessory dwelling units, regardless of whether the application meets the development standards contained in this title:

1.

For lots with single-family dwellings:

a.

One interior accessory dwelling unit or one junior accessory dwelling unit per lot constructed within an existing or proposed single-family or accessory structure, including the construction of up to a 150-square-foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit or junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of section 17.75.070; or

b.

One detached, new construction, accessory dwelling unit with setbacks of at least four feet, up to 800 square feet and no more than 16 feet high on a lot with an existing or proposed single-family dwelling. A junior accessory dwelling unit may also be built within the existing or proposed dwelling of such residence in connection with the accessory dwelling unit.

2.

On a lot with an existing multifamily dwelling:

a.

Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multifamily dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed 25 percent of the current number of units of the multifamily complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed 800 square feet in floor area; and

b.

Up to two detached accessory dwelling units may be constructed, provided the units are no taller than 16 feet, and they have at least four feet of side and rear yard setbacks. Units constructed pursuant to this subsection shall not exceed 800 square feet in floor area.

B.

Accessory dwelling units approved under this section shall not be rented for a term of less than 30 days.

C.

Accessory dwelling units or junior accessory dwelling units approved under this section shall not be required to correct legal nonconforming zoning conditions.

(Code 1985, § 17.75.050; Ord. No. 564, § 3, 12-9-2019)

In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to dwelling units, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.

(Code 1985, § 17.75.060; Ord. No. 564, § 3, 12-9-2019)

A.

Purposes. This section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing single-family structure and requires owner occupancy in the single-family residence where the unit is located.

B.

Size. A junior accessory dwelling unit shall not exceed 500 square feet in size.

C.

Owner-occupancy requirement. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D.

Sale prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E.

Short-term rentals. The junior accessory dwelling unit shall not be rented for periods of less than 30 days.

F.

Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling.

G.

Kitchen requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

Parking. No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I.

Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

J.

Deed restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection C of this section, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

(Code 1985, § 17.75.070; Ord. No. 564, § 3, 12-9-2019)

A.

Applicants may file an appeal for any staff decision related to an accessory dwelling unit or junior accessory dwelling unit permit consistent with this section.

B.

The appeal shall be made to the planning commission. The planning commission shall review the appeal at a public meeting. The appeal, however, shall be reviewed and either approved or rejected ministerially, in the same manner as described in section 17.75.022, and not as part of a noticed hearing. The planning commission will not consider such an appeal, unless the appeal contains allegations that the determination to deny or impose conditions exceeded the authority granted to the city planner by this chapter. The appeal must be filed within 15 days in accordance with the provisions of section 17.88.050.

(Code 1985, § 17.75.080; Ord. No. 564, § 3, 12-9-2019)