This chapter provides standards for accessory structures that are secondary and subordinate to the primary structure on the site. The three types of accessory structures are defined in Table 20.11-1 (Types of Accessory Structures).

TABLE 20.11-1 TYPES OF ACCESSORY STRUCTURES

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2017-009, § 7, 2017; Ord. 2020-006, §§ 8, 9, 2020.)

A.

This section is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions.

B.

Accessory dwelling units and junior accessory dwelling units shall comply with the following requirements:

1.

Definitions.

(a)

"Accessory dwelling unit" means an attached or detached dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

(b)

"Dwelling structure" means a residential dwelling including any garage, storage area, or accessory structure attached to the residential dwelling.

(c)

"Efficiency kitchen" means a kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(d)

"Junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained within or attached to a single-family residence.

(e)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit or junior accessary dwelling unit.

(f)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

2.

Location.

(a)

An accessory dwelling unit may either be attached to, located within, or detached from a proposed or existing single-family or multifamily dwelling structure.

(b)

An accessory dwelling unit located within a multifamily dwelling structure shall be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.

(c)

A junior accessory dwelling unit shall be located within or attached to a proposed or existing single-family dwelling structure.

3.

Number of accessory dwelling units per lot.

(a)

No more than one accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with one or more existing or proposed single-family residence.

(b)

One, but not both, of the following options is permitted on a lot with an existing multifamily residence:

(i)

The amount of accessory dwelling units allowed within a multifamily dwelling structure shall be equal to twenty-five percent of the amount of units in the multifamily dwelling structure, provided that fractional units shall be rounded down and at least one accessory dwelling unit shall be allowed in each multifamily dwelling structure. For example, one accessory dwelling unit is allowed in a multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units.

(ii)

No more than two detached accessory dwelling units are allowed on a lot with an existing multifamily residence.

(c)

Notwithstanding any other provision in this section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 19.04.110.G.

4.

Required facilities.

(a)

Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and full bathroom.

(b)

Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.

5.

Separate entrances.

Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include a separate entrance from the main entrance to the primary residence. However, no passageway to the unit is required.

6.

Development standards.

(a)

An accessory dwelling unit shall comply with the development standards in Table 20.11-2 (Development Standards for Accessory Dwelling Units).

[1] Maximum size requirements for an accessory dwelling unit or junior accessory dwelling unit apply to the entire structure, including a garage, exterior storage space, or other structure that is attached to the unit but is not intended for use as livable space.

[2] Not applicable to junior accessory dwelling units.

[3] Setback requirements only apply to construction of new buildings, whether attached to or detached from the primary dwelling. No setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit where the unit will not change the dimensions of the existing structure.

[4] An accessory dwelling unit may be built on top of a one story detached garage or other detached structure in the RD 8, RD 12, RD 14, RD 20, and Mixed Use zoning districts. An accessory dwelling unit may not be built on top of a detached garage or any other detached structure in the RD 1, RD 2, RD 4.5, or AG zoning districts.

(b)

Except as provided in Table 20.11-2, accessory dwelling units shall comply with all building and development standards applicable to the primary residence, including maximum lot coverage requirements, subject to subsection (d).

(c)

The total floor area of a detached accessory dwelling unit shall not exceed eighty percent of the total floor area of the primary structure, excluding any attached or detached garage.

(d)

If the applicable maximum lot coverage requirement, or the floor area ratio requirement in subsection (c), would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred square feet, an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred square feet, provided that the unit complies with all other development standards.

(e)

The architectural design and detailing, roof material, and exterior color and finish materials of an accessory dwelling unit shall match the primary dwelling.

(f)

Accessory dwelling units are not required to have fire sprinklers if they are not required for the primary residence.

(g)

Efficiency units, as defined in Section 17958.1 of the Health and Safety Code, and manufactured homes may be used as accessory dwelling units, subject to compliance with the requirements of this code.

(h)

The correction of nonconforming zoning conditions shall not be required as a condition of approval for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

7.

Sale and rental of units.

(a)

Accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

(b)

An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than thirty one consecutive days.

8.

Parking requirements.

(a)

One on-site parking space shall be provided for each accessory dwelling unit on a lot, consistent with the parking requirements in Chapter 20.18 of the is code, except as otherwise provided in subsection (c).

(b)

No additional parking spaces are required for a junior accessory dwelling unit.

(c)

Notwithstanding subsection (a), no additional parking is required for accessory dwelling units in the following circumstances:

(1)

The accessory dwelling unit is located within one-half mile walking distance of public transit.

(2)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3)

The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.

(4)

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

(5)

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

(d)

Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway or in setback areas, unless the director of development services, or the director's designee, finds that tandem parking and/or parking in setback areas is not feasible based upon specific site or regional topographical or fire and life safety concerns.

(e)

Offstreet parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit.

9.

Utilities.

An accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water services. A sewer connection separate from the main dwelling may also be provided.

10.

Junior accessory dwelling units - owner occupancy.

The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

11.

Junior accessory dwelling units - deed restriction.

The approval of a junior accessory dwelling unit will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where unit is, or will be, located. The deed restriction will include the following:

(a)

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(b)

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Government Code section 65852.22.

(Ord. 2020-006, § 10, 2020; Ord. 2021-001, § 9, 2021; Ord. 2022-010, § 8, 7-19-2022.)

Editor's note— Ord. No. 2020-006, § 10, adopted March 17, 2020, repealed § 20.11.020, and enacted a new § 20.11.020 as set out herein. The former § 20.11.020 pertained to accessory dwelling units and derived from Ord. 2017-009, § 8, 2017; and Ord. 2019-013, § 21, 2019.

A.

Habitable accessory structures shall comply with the following standards:

1.

The structure shall be located on the same lot as the primary structure.

2.

The structure shall only be for the use of the occupants of the primary structure, their nonpaying guests or domestic employees.

3.

Accessory structures shall not be rented for use independent of the primary structure.

4.

The structure shall not contain a kitchen or an area that can be easily converted into a kitchen.

TABLE 20.11-3 DEVELOPMENT STANDARDS FOR HABITABLE ACCESSORY STRUCTURES GREATER THAN ONE HUNDRED TWENTY SQUARE FEET IN AREA

[1] A habitable accessory structure may be built on top of a one story detached garage or other detached structure in the RD 8, RD 12, RD 14, RD 20, and Mixed Use zoning districts. A habitable accessory structure may not be built on top of a detached garage or any other detached structure in the RD 1, RD 2, RD 4.5, or AG zoning districts.

[2] The structure must also comply with the floor area ratio requirement in Section 20.11.030(A)(9). The planning commission may approve a structure larger than one thousand two hundred square feet by granting a special conditional use permit pursuant to Section 20.11.030(A)(8).

5.

The structure shall comply with all requirements of this code that are applicable to the main dwelling, including, but not limited to, building setbacks, lot coverage, building height and architectural design.

6.

Minimum setbacks and maximum height for habitable accessory structures shall be as provided in Table 20.11-3.

7.

Habitable accessory structures shall not require off-street parking. If an existing garage of a primary residence is being converted to a habitable accessory structure, parking shall be replaced as required by Subsection 20.18.020.B of this Code.

8.

The maximum size of the structure shall be one thousand two hundred square feet, except that the planning commission may approve a larger structure with a special conditional use permit.

9.

The total floor area of a detached habitable accessory structure shall not exceed eighty percent of the total floor area of the primary structure, excluding any attached or detached garage.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 8, 9, 2011; Ord. 2013-003, § 14, 2013; Ord. 2014-013, § 9, 2014; Ord. 2016-005, § 8, 2016; Ord. 2017-009, § 9, 2017; Ord. 2019-013, § 22, 2019; Ord. 2020-006, §§ 11, 12, 2020; Ord. 2021-001, § 10, 2021.)

A.

General requirements. The following standards shall apply to all nonhabitable accessory structures:

1.

The structure shall be located on the same lot as the main building.

2.

The structure shall not contain a kitchen, cooking facilities, or any habitable area, but may include restroom facilities.

3.

The structure shall not be rented for use independent of the primary structure on the site.

4.

Structures not attached to the main dwelling shall be located on the rear half of the lot, except that detached garages provided in fulfillment of the requirements of section 20.18 (Parking) of this chapter may be located on the front one-half of the lot.

5.

The structure shall not be located on the property so as to block free and clear access to the rear yard.

6.

The use of shipping, storage or sea cargo containers as a permanent accessory structure shall be prohibited.

7.

Small non-habitable accessory structures one hundred twenty square feet or less in area shall not be located in the front yard of a property or within the front setback.

8.

Minimum setbacks and maximum height for small non-habitable accessory structures less than one hundred twenty square feet in area shall be as provided in Table 20.11-4. Minimum setbacks, maximum height, and maximum size for large non-habitable accessory structures greater than one hundred twenty square feet in area shall be as provided in Table 20.11-5. Minimum setbacks, maximum coverage, and maximum height for patio covers and enclosures shall be as provided in Table 20.11.6.

9.

The maximum size of the structure shall be one thousand two hundred square feet, except that the planning commission may approve a larger structure with a special conditional use permit.

TABLE 20.11-4 DEVELOPMENT STANDARDS FOR SMALL NONHABITABLE ACCESSORY STRUCTURES LESS THAN ONE HUNDRED TWENTY SQUARE FEET IN AREA

[1] Accessory structure drainage, including drainage from the roof, must be contained on-site.

TABLE 20.11-5 DEVELOPMENT STANDARDS FOR LARGE NONHABITABLE ACCESSORY STRUCTURES GREATER THAN ONE HUNDRED TWENTY SQUARE FEET IN AREA, EXCLUDING PATIO ENCLOSURES

[1] Detached structures shall be located in the rear one-half of the lot.

[2] A building exceeding fourteen feet in height, measured from finished floor to the highest point of the structure, shall be considered a two-story structure.

[3] A building or structure with a legal nonconforming side yard setback may be added to, extended or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided, and that the setback is consistent with the predominant interior side yard setbacks within the surrounding neighborhood.

[4] Reference 20.17.040.B.2 for driveway length requirements.

TABLE 20.11-6 DEVELOPMENT STANDARDS FOR PATIO COVERS AND PATIO ENCLOSURES

[1] Lattice patio covers and non-solid patio covers (minimum fifty percent open) shall not count towards lot coverage.

[2] Within single-family zoning districts, a minimum ten-foot-wide clear access shall be provided to the rear yard along at least one of the required side yards, excluding the RD 8 zone and single-family small lot residential subdivisions in any zone for which no such requirement exists.

B.

Large structures. Nonhabitable structures greater than one hundred twenty square feet in area shall comply with the following standards:

1.

The size, footprint, height, bulk and scale of the structure shall be compatible with the primary structure and other structures in the surrounding area.

2.

The structure shall match the main dwelling with respect to architectural design and detailing, roof material, exterior color and exterior finish materials, excepting prefabricated metal buildings. Structures visible from a public street shall be required to provide additional architectural detailing.

3.

If, in the opinion of the director, an accessory structure is designed such that conversion to a secondary dwelling could easily occur without benefit of city knowledge or approval, recordation of a covenant or restriction against the title of the property upon which the structure is proposed shall be required. The covenant or restriction shall describe the location, size and use of the accessory structure, state that the accessory structure shall not be converted to a secondary unit without all required city approvals, and shall be recorded prior to the issuance of a building permit for the structure.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2011-06, §§ 10—12, 2011; Ord. 2014-013, §§ 10, 11, 2014; Ord. 2016-005, §§ 9, 10, 2016; Ord. 2019-013, § 23, 25, 2019; Ord. 2020-006, §§ 13—16, 2020; Ord. 2021-001, § 11, 2021.)

Prefabricated metal buildings are classified as nonhabitable accessory structures and shall comply with the provisions of section 20.11.040, and the following regulations:

A.

Metal buildings in residential zones.

1.

Buildings and structures with a gross floor area of one hundred twenty square feet or less are permitted in all residential zoning districts and shall comply with the following:

a.

The building or structure shall be located out of view of the public street to the greatest extent possible.

b.

The building or structure shall not exceed eight feet in height.

c.

Metal roofing or siding/panels shall have a factory applied color finish.

d.

The color shall be compatible with the main residence.

2.

Buildings and structures with a gross floor area greater than one hundred twenty square feet are administratively permitted in the RD 1 and RD 2 zoning districts and shall comply with the following:

a.

The building or structure shall only be used for the purposes of animal keeping, housing agricultural equipment, or housing a recreational vehicle owned by the property owner.

b.

Metal siding/panels visible from the public street and adjacent properties shall have additional architectural detailing.

c.

A factory applied color finish compatible with the existing main residence shall be provided.

d.

The building or structure shall only be located behind the main residence of the rear one-half of the lot out of view from surrounding public streets to the greatest extent possible.

e.

The building or structure shall maintain all required setbacks, however, a prefabricated metal building may utilize a three-foot setback along the side and/or rear property lines if all Uniform Building Code requirements are met.

f.

A minimum ten-foot wide access drive shall be provided to the structure from the front or corner side yard of the lot.

g.

The building or structure shall be maintained in good condition, with a clean and undamaged appearance at all times.

h.

A maximum of one metal building or structure shall be permitted per lot.

i.

All current Uniform Building and Fire Department Code requirements shall be met.

j.

If the building or structure is used to store a recreational vehicle, it shall be sized proportional to the recreational vehicle it is housing.

(Ord. 2010-05, § 1(exh. A), 2010.)