This section establishes standards for accessory units, where allowed in compliance with Article 44-2 (Zoning Classifications, Allowed Uses, and Development Standards). These standards are intended to allow for accessory units as an important form of housing while preserving the character and integrity of residential and rural areas. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 16)

44-4.10.010 Site Requirements.

(a) Accessory units shall be permitted only on legally created parcels.

(b) In agricultural, natural resources, and special purpose zoning classifications (see Table 44-2.10-1), the accessory unit shall be located in close proximity to the primary dwelling.

(c) Only one accessory unit shall be allowed on a parcel.

(d) An accessory unit is not permitted on parcels already containing two or more dwelling units.

(e) The accessory unit shall have adequate emergency access. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 17 (part))

44-4.10.020 Size.

There shall be no minimum lot size requirement for accessory units; provided, that the accessory unit complies with all applicable county regulations, including height and setback standards, building code regulations, and water supply, sewage disposal, and driveway/road access requirements. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 17 (part))

44-4.10.030 Relationship to Primary Dwelling.

(a) An accessory unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof.

(b) An accessory unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 17 (part))

44-4.10.040 Occupancy.

The property owner must occupy either the primary or accessory unit on a parcel. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 17 (part))

44-4.10.050 Parking.

On-site parking shall be provided consistent with the parking requirements in Section 44-3.20 (Parking and Loading). (Ord. No. 765 § 2 (Exh. A) (part))

44-4.10.060 Development Standards.

An accessory unit shall comply with all development and design standards of this zoning code that are applicable to the primary dwelling, except as otherwise provided in this section.

(a) Minimum Lot Area per Dwelling Unit. The minimum lot area per dwelling unit required by the applicable zoning classification shall not apply, provided the minimum building site requirements are met.

(b) Construction within or above Existing Buildings or Detached Accessory Buildings. An accessory unit may be constructed within or above an existing building or detached accessory building.

(c) Maximum Unit Size. The floor area of the accessory unit shall not exceed one thousand two hundred square feet, except on agricultural classifications (F-A, E-A, U-C, U-T, and A-T) the floor area may be up to two thousand five hundred square feet.

(d) Minimum Unit Size. The minimum floor area of the accessory unit shall be no less than one hundred fifty square feet or the minimum efficiency unit size identified by Health and Safety Code Section 17581.1, whichever is greater.

(e) Setbacks for Detached Accessory Units. Detached accessory units shall have a minimum side setback of three feet and minimum rear setback of eight feet. The distance between buildings on the same lot must be a minimum of ten feet.

(f) Setbacks for Attached Accessory Units. Attached accessory units shall have a minimum side setback of three feet and minimum rear setback of eight feet. The distance between buildings on the same lot must be a minimum of ten feet. Attached accessory units shall meet the same setbacks as the primary residential dwelling in the zoning classification.

(g) Separate Access. Access to the accessory unit shall be separate from the access to the primary residential dwelling.

(h) Building Height and Stories.

(1) A one-story detached accessory unit shall be no more than sixteen feet in height.

(2) A two-story detached accessory unit shall be no more than twenty-eight feet in height.

(3) An attached accessory unit may occupy any story of the primary dwelling if it is designed as an integral part of the primary dwelling and meets the setbacks and height requirements for the primary dwelling.

(i) Architectural and Site Design Standards.

(1) The design of the accessory unit shall relate to the design of the primary dwelling by use of the similar exterior wall materials, window types, door and window trims, roofing materials, and roof pitch. This requirement shall not apply to manufactured homes or mobile homes.

(2) For accessory units attached to the primary dwelling, new entrances and exits are allowed on the side and rear of the structures only.

(3) Windows which face an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening.

(j) Allowed Density. In compliance with Government Code Section 65852.2(b)(5), accessory units shall not count toward the allowable density for purposes of determining consistency with the general plan and zoning standards. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 18 (part))

44-4.10.070 Site Improvements.

(a) As a condition for the issuance of any discretionary permit for an accessory unit, the existing driveway or road serving the parcel shall be improved, if necessary, to meet Public Resources Code Section 4290 (Fire Safe Regulations).

(b) Construction of the accessory unit may require drainage improvements that are customary for a building permit. The extent and timing of the improvements shall be determined by the department of public works. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 18 (part))

44-4.10.080 Utilities.

(a) For units served by public water and sewer, the accessory unit must be accommodated with the existing water service and existing sewer lateral.

(b) For units served by private well and/or septic system, the accessory unit must be accommodated by the existing well and/or septic system, as permitted by the department of environmental health, and shall not require a new well or separate septic system. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 18 (part))

44-4.10.090 Conversion of Existing Residence.

An existing residence, in conformance with the above regulations, may be converted to an accessory unit in conjunction with development of a new primary dwelling unit. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 18 (part))

44-4.10.100 Deed Restrictions.

Prior to the issuance of a building permit for an accessory unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner which specifies that: (a) the accessory unit cannot be sold separately, (b) the property owner shall reside in either the primary or accessory unit, and (c) these restrictions shall be binding on successors in ownership. The declaration shall run with the land. Lack of compliance with the declaration shall result in the accessory unit becoming an illegal, nonconforming use. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 18 (part))