Accessory dwelling units and junior accessory dwelling units are permitted under this chapter to achieve the following purposes:

A.

To provide opportunities to establish accessory dwelling units and junior accessory dwelling units on building sites developed with existing or proposed single-family dwellings, duplexes, or multiple-family dwellings.

B.

To provide affordable housing to meet the needs of Brisbane citizens.

C.

To ensure that the development of accessory dwelling units is compatible with existing development and reflects the diversity of the community.

D.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. No, 653, § 32, 10-15-20)

In addition to the definitions set forth in Chapter 17.02, all of which are applicable to this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, in accordance with Chapter 13 to Division 1 of Title 7 of the Government Code, or successor provisions, unless the context or the provision clearly requires otherwise:

"Impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

"Living area" means the interior habitable area of a main dwelling unit, including basements and attics but not including a garage or any accessory structure.

"Main dwelling" means that dwelling unit on the property that is not an accessory dwelling unit or a junior accessory dwelling unit.

"Efficiency kitchen" means a kitchenette or a small kitchen or part of a room equipped as a kitchen in a junior accessory dwelling unit and shall include all of the following: (1) a cooking facility with appliances, and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

"Multiple-family dwellings" means a dwelling than contains two (2) or more attached dwelling units (including a "duplex"), provided, however, that a property containing a single-family dwelling and an attached lawful accessory dwelling unit and/or a junior accessory dwelling unit shall not be deemed a multiple-family dwelling. The term does not include a dwelling group as defined in Section 17.02.235.

"State-exempt accessory dwelling unit" means an accessory dwelling unit that is not subject to development or design standards, including both standards within this title and standards found in state accessory dwelling unit law that are not specifically listed in Government Code § 66323. This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.). See Section 17.43.070(A) for accessory dwelling units that are considered state-exempt accessory dwelling units.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 7, 10-2-25)

A.

Except as provided by subsection C of this Section 17.43.030, building permit applications for junior accessory dwelling units or accessory dwelling units shall be ministerially processed within sixty (60) days of receipt of a complete building permit application and approved if they meet the requirements of this chapter. Incomplete applications will be returned to the applicant with a written explanation of the additional information required for approval.

B.

Notwithstanding subsection A, if the building permit application submitted will also create a new single-family dwelling or multiple-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit(s) shall not be acted upon until the building permit application for the new single-family dwelling or multiple-family dwelling is approved, but thereafter shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if it meets the requirements of this chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit(s) shall not be allowed until the city approves occupancy of the main dwelling.

C.

The city shall grant a delay in processing an application for an accessory dwelling unit or junior accessory dwelling unit if requested by the applicant in writing.

D.

All junior accessory dwelling unit and accessory dwelling unit applications shall be subject to building inspection and permit fees as established by resolution of the city council and water and sewer connection and capacity fees in compliance with Title 13, except that:

1.

No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet.

2.

For accessory dwelling units that have a floor area of seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the current impact fees for the square footage of the main dwelling.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 8, 10-2-25)

Accessory dwelling units shall comply with all of the following development standards:

A.

Zoning Districts. Accessory dwelling units may only be established or occupied in the R-1, R-2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, PAOZ-2 and PD zoning districts with an existing or proposed single-family, multiple-family dwelling, or dwelling group.

B.

Density. An accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located. The accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any city ordinance, policy, or program to limit residential growth.

C.

Lot Size. There is no minimum lot size requirement.

D.

Number of Units.

1.

Notwithstanding subsection 3., no more than one accessory dwelling unit may be constructed on any lot developed with a single-family, multiple-family dwelling, or dwelling group, except that multiple state-exempt accessory dwelling units may be constructed in accordance with Section 17.43.070.

2.

The maximum number of accessory dwelling units permitted on any lot developed with a multiple-family dwelling shall comply with Section 17.43.050 of this chapter.

3.

No more than a total of four (4) dwelling units, including accessory dwelling units, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this title.

E.

Attached or Detached. Accessory dwelling units may be attached to or located within the existing or proposed main dwelling, including garages, storage areas, or accessory structures, or detached from the main dwelling on the same lot.

F.

Unit Size. Accessory dwelling units shall not exceed one thousand (1,000) square feet in floor area, as defined in Section 17.02.315 of Chapter 17.02 of this title.

1.

Unit size for state-exempt accessory dwelling units is established under Section 17.43.070(C).

G.

Setbacks. Accessory dwelling units shall be subject to the following setback requirements:

1.

Front Setback: The minimum front setback shall be as established in the underlying zoning district regulations.

a.

State-exempt units may be located anywhere in the front setback area.

2.

Side Setback. Accessory dwelling units on any lot shall have a side setback of at least four (4) feet or as established in the underlying zoning district, whichever is less.

3.

Rear Setback. Accessory dwelling units on any lot shall have a rear setback of at least four (4) feet.

4.

No setback shall be required for an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit or an accessory dwelling unit constructed in the same location and to the same dimensions, including height, as an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks.

5.

Setback exceptions for detached accessory dwelling units.

a.

Overhanging architectural features (such as eaves, cornices canopies, rain gutters and downspouts) may extend into required setback areas, but no closer than two and one-half (2½) feet from the side lot line. Rain gutters and downspouts may extend no closer than two (2) feet from the side lot line. A noncombustible awning over the main entrance to an accessory dwelling unit may [extend] into any portion of the setback area, but shall not extend over or drain onto an abutting property.

b.

Stairs, ramps and landings (that are open and uncovered) shall be constructed of noncombustible material. No more than one set of stairs per accessory dwelling unit may extend from the structure into required setback areas. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within setback areas.

c.

Supported decks, cantilevered decks and balconies shall be no closer than four (4) feet from any property line or the minimum setback required within the underlying zoning district, whichever is less.

d.

No exceptions to the setback requirements shall be permitted for any of the following: cantilevered windows (such as bay, box, bow, and greenhouse windows); chimney boxes; exposed plumbing; or mechanical equipment such as heating, air conditioning units, or heat pumps.

6.

Setback exceptions for attached accessory dwelling units are as provided in Section 17.32.070 of this title.

H.

Lot Coverage. Accessory dwelling units shall be included in calculating the lot coverage for the lot on which the accessory dwelling unit is located.

1.

State-exempt accessory dwelling units shall be excluded from lot coverage requirements.

I.

Floor Area Ratio. The floor area of the accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the accessory dwelling unit is located.

1.

State-exempt accessory dwelling units shall be excluded from floor area ratio calculations.

J.

Height.

1.

Attached accessory dwelling units shall not exceed two (2) stories and shall be subject to the height maximum established in the underlying zoning district.

2.

Detached accessory dwelling units:

a.

On a lot with an existing or proposed single family or single-story, multifamily dwelling unit, detached accessory dwelling units shall not exceed sixteen (16) feet.

b.

On a lot with an existing or proposed multistory, multifamily dwelling unit, detached accessory dwelling units shall not exceed eighteen (18) feet.

c.

On a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, detached accessory dwelling units shall not exceed eighteen (18) feet.

K.

Required Facilities. An accessory dwelling unit shall include all of the following facilities:

1.

A kitchen, including a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as a range or cooktop and oven, that meet Building Code standards; and

2.

A full bathroom, including sink, toilet, and shower and/or bath facilities.

L.

Landscaping. Accessory dwelling units shall be subject to the landscaping requirements of the underlying zoning district except that state-exempt accessory dwelling units are exempt from landscaping requirements.

M.

Parking. Parking spaces for the main dwelling and accessory dwelling units shall be provided in accordance with the requirements set forth in Chapter 17.34 except that state-exempt accessory dwelling units are exempt from parking requirements.

1.

When a garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, any parking spaces that were provided by such garage, carport, covered parking structure, or uncovered parking space are not required to be replaced.

N.

Unit Access.

1.

As required by Section 17.01.060, the lot on which the accessory dwelling unit is located shall have a legal means of access to the public right of way that complies with the street standards set forth in Section 12.24.010.

2.

A separate exterior entry from the main entrance to the main dwelling shall be required to serve each attached accessory dwelling unit. Interior entry access between an accessory dwelling unit and the main dwelling is permitted, provided that the interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to common living areas.

O.

Utilities. The lot is served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this code. An accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the city, pursuant to Title 13 of this code. As to the main dwelling, a separate water connection, a separate sewer service connection, or a separate power connection for water, sewer, and power service is not required for an accessory dwelling unit.

P.

Compliance with Codes. The accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health and fire codes.

1.

Accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 9, 10-2-25)

A.

Accessory dwelling units on lots with existing or proposed multiple-family dwellings shall comply with the development regulations established in Section 17.43.040 of this chapter, except that multiple state-exempt accessory dwelling units may be constructed in accordance with subsection B.

B.

Multiple state-exempt accessory dwelling units shall be allowed on lots with existing or proposed multiple-family dwellings, as defined in Section 17.43.020, in accordance with Section 17.43.070 as follows:

1.

Attached Accessory Dwelling Units. At least one attached accessory dwelling unit shall be allowed per lot developed with an existing multiple-family dwelling.

a.

The total number of attached accessory dwelling units permitted shall not exceed a maximum of twenty-five percent (25%) of the total number of existing dwelling units within the existing multiple-family dwelling.

b.

Attached accessory dwelling units shall be allowed within existing portions of multiple-family dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided, that each accessory dwelling unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multiple-family dwelling.

2.

Detached Accessory Dwelling Units. Multiple detached accessory dwelling units, not to exceed the numbers specified below, as applicable, shall be allowed on a lot that has an existing or proposed multi-family dwelling provided that all detached accessory dwelling units shall be state-exempt accessory dwelling units constructed in accordance with Section 17.43.070.

a.

Existing Multiple-Family Dwelling. In addition to attached accessory dwelling units permitted under subsection A, not more than eight (8) detached accessory dwelling units, provided that the number of detached accessory dwelling units shall not exceed the number of existing main dwelling units on the lot.

b.

Proposed Multiple-Family Dwelling. Not more than two (2) detached accessory dwelling units may be allowed.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 10, 10-2-25)

Junior accessory dwelling units shall comply with all of the following development standards:

A.

Zoning Districts. Junior accessory dwelling units may only be established or occupied on lots in the R-1, R-2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, and PD zoning districts with an existing or proposed single-family dwelling.

B.

Density. A junior accessory dwelling unit that conforms to this Chapter 17.43 shall be deemed to be an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located. The junior accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

C.

Lot Size. There is no minimum lot size requirement.

D.

Number of Units.

1.

Notwithstanding subsection 3., no more than one junior accessory dwelling unit may be constructed on any lot developed with an existing or proposed single-family dwelling.

2.

A junior accessory dwelling unit may be permitted on a lot with an accessory dwelling unit, provided that the accessory dwelling unit(s) qualify as state-exempt units in accordance with Section 17.43.070.

3.

No more than a total of four (4) dwelling units, including junior accessory dwelling units, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this title.

E.

Floor Area Requirements.

1.

Junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area and shall be constructed within the existing walls of the main dwelling. For purposes of this section, enclosed uses within the main dwelling, such as attached garages, are considered a part of the proposed or existing single-family residence.

2.

The floor area of the junior accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the junior accessory dwelling unit is located and subject to the maximum floor area ratio established in the underlying zoning district.

a.

State-exempt junior accessory dwelling units shall be excluded from floor area ratio calculations.

F.

Unit Access.

1.

As required by Section 17.01.060, the lot on which the junior accessory dwelling unit is located shall have a legal means of access to the public right of way that complies with the street standards set forth in Section 12.24.010.

2.

A separate exterior entry from the main entrance to the main dwelling shall be provided to serve the junior accessory dwelling unit only. Interior entry access between the junior accessory dwelling unit and the main dwelling is permitted, provided that the interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to these common living areas.

G.

Required Facilities. A junior accessory dwelling unit shall include all of the following facilities:

1.

At a minimum, an efficiency kitchen.

2.

Sanitation facilities, but such facilities may be separated from or shared with the main dwelling.

H.

Owner Occupancy. Either the main dwelling or the junior accessory dwelling unit shall be occupied by the record owner of the property as the owner's principal place of residence. In the case of ownership by a corporation, limited liability company, partnership, trust or association, either the main dwelling or the junior accessory dwelling unit shall be the principal place of residence of an officer, director, shareholder, or member of the company, a partner in the partnership, a trustor or beneficiary of the trust, a member of the association, or an employee of any such organization. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

I.

Recordation of Declaration of Restrictions.

1.

A declaration of restrictions shall be recorded to run with the land that indicates the following:

a.

Only one unit may be occupied solely by persons other than the owner or owners of record;

b.

If a junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days;

c.

Sale of the junior accessory dwelling unit separately from the main dwelling is prohibited; and

d.

The approved size and attributes of the junior accessory dwelling unit.

2.

A copy of this declaration of restrictions must be given to each prospective purchaser or occupant.

J.

Parking. Parking spaces for the main dwelling and junior accessory dwelling unit shall be provided in accordance with the requirements set forth in Chapter 17.34 of this title.

1.

When a garage is converted in conjunction with the construction of a junior accessory dwelling unit, any parking spaces that were provided by such garage are not required to be replaced.

K.

Utilities. The lot shall be served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this code. A junior accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the City.

L.

Compliance with Codes. The junior accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health, and fire codes.

1.

Junior accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 11, 10-2-25)

A.

The following types of units shall be considered state-exempt accessory dwelling units when all requirements and development regulations indicated under subsection C., are met:

1.

An accessory dwelling unit within the proposed space of a single-family dwelling, or existing space of a single-family dwelling or accessory structure.

2.

A newly constructed, detached accessory dwelling unit.

3.

Accessory dwelling units constructed within an existing multiple-family dwelling structure not used as livable space.

4.

Detached accessory dwelling units on a lot with an existing or proposed multiple-family dwelling.

5.

A junior accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling when combined with an accessory dwelling unit from subsections A.1., or A.2., above.

B.

The following state-exempt accessory dwelling units are allowed as follows:

C.

The following shall apply to state-exempt units, in addition to compliance with the development regulations established in Sections 17.43.040 thru 17.43.060 above:

(Ord. No. 700, § 15, 10-2-25)

Editor's note— Ord. No. 700, §§ 12—14, adopted October 2, 2025, renumbered the former §§ 17.43.070—17.43.090 as §§ 17.43.080—17.43.100 and enacted a new § 17.43.070 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Accessory dwelling units and junior accessory dwelling units shall not be sold separately from the main dwelling(s).

B.

If an accessory dwelling unit or junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 12, 10-2-25)

Editor's note— Formerly, § 17.43.070. See Editor's note under § 17.43.070.

A.

Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five (5) years. For the purposes of this section, "building standards" refer to those standards enforced by local agencies under the authority of Section 17960 and following of the California Health and Safety Code.

B.

The building official shall grant any application submitted under subsection A. of this section if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.

C.

No applications submitted pursuant to this section shall be approved on or after January 1, 2030; provided, however, any delay to correct a violation that was approved by the building official before January 1, 2030, shall be valid for the full term of the delay that the building official approved at the time the building official approved the application.

D.

Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

E.

This section shall remain in effect until January 1, 2035, and as of that date is repealed.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 13, 10-2-25)

Editor's note— Formerly, § 17.43.080. See Editor's note under § 17.43.070.

Any decision or determination by the Planning Director pursuant to this chapter may be appealed in accordance with the procedure set forth in Chapter 17.52 of this title.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 14, 10-2-25)

Editor's note— Formerly, § 17.43.090. See Editor's note under § 17.43.070.