This Chapter 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.

(Ord. No. 339, § 6, 5-24-2022)

For purpose of this Chapter, the following terms shall be defined as follows:

A.

"Multifamily dwelling" means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

B.

"Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.

(Ord. No. 339, § 6, 5-24-2022)

A.

Applications for accessory dwelling units and junior accessory dwelling units pursuant to this Chapter shall be processed ministerially, without discretionary review or a hearing, through the administrative site and architectural review process, as described in Chapter 18.63, within 60 days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

B.

A certificate of occupancy for an accessory dwelling unit shall not be issued before the City issues a certificate of occupancy for the primary dwelling.

(Ord. No. 339, § 6, 5-24-2022)

Accessory dwelling units and junior accessory dwelling units do not exceed the allowable density for the parcel on which they are located, and are a residential use consistent with the general plan and zoning designation of the parcel on which they are located.

(Ord. No. 339, § 6, 5-24-2022)

A.

Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any lot. Notwithstanding any other provision in this Chapter, 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 17.30.060. Unless specified below, only one category may be used per lot.

1.

ADU or JADU within Proposed or Existing Single-family Dwelling or Accessory Structure. One accessory dwelling unit and one junior accessory dwelling unit are permitted on a lot with one or more proposed or existing single-family dwellings, if either:

a.

The accessory dwelling unit or junior accessory dwelling unit is proposed within the space of a proposed or existing single-unit dwelling (including an attached garage); or

b.

The accessory dwelling unit is proposed within the space of an existing accessory structure, plus an addition beyond the physical dimensions of the accessory structure of up to 150 square feet for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit.

2.

Detached/Attached ADU on Lot with Single-Unit Dwelling. One detached or one attached, new-construction accessory dwelling unit is permitted on a lot with one or more proposed or existing single-family dwellings. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Subsection A.1. of this Section.

3.

Conversion of Existing Multifamily Dwelling. Multiple accessory dwelling units are permitted on lots with existing multifamily dwellings subject to the following:

a.

The amount of accessory dwelling units allowed within a multifamily dwelling shall be equal to 25 percent of the number of units in the multifamily dwelling; 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 11 units; and three accessory dwelling units are allowed in a multifamily dwelling structure with 12 units; and

b.

An accessory dwelling unit located within a multifamily dwelling structure may only 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. Amenities within common areas such as recreation rooms, outdoor space or any space previously designed to meet common area requirements shall not be converted to accessory dwelling units.

4.

Detached ADU on Multifamily Lot. Up to two detached, new-construction accessory dwelling units are permitted on a lot that has an existing multifamily dwelling.

B.

Required Facilities.

1.

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 bathroom.

2.

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, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.

C.

Separate Entrances; Pathway.

1.

Junior accessory dwelling units and accessory dwelling units located within or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence.

2.

Each accessory dwelling unit and junior accessory dwelling unit shall have an unobstructed pathway, constructed of impermeable materials, leading up to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit. However, the pathway is not required to extend from the unit all the way to the street.

D.

Development Standards. Accessory dwelling unit and junior accessory dwelling units shall comply with the following standards:

1.

Size.

a.

Accessory dwelling units and junior accessory dwelling units shall be no smaller than an efficiency unit, as defined in Health and Safety Code Section 17958.1.

b.

Junior accessory dwelling units shall be no larger than 500 square feet.

c.

The size of an accessory dwelling unit shall be limited as follows:

(i)

There is no limit on the size of any accessory dwelling unit that is located within a proposed or existing single-family dwelling or accessory structure, as described in Subsection A.1.

(ii)

There is no limit on the size of an accessory dwelling unit that is attached to or detached from a primary unit, except that attached and detached accessory dwelling units shall not be larger than the primary unit, and detached and attached accessory dwelling units shall comply with setback requirements, the required distance between units in Subsection D.4., and the open space requirements and maximum lot coverage requirements applicable to the parcel on which the unit is located.

(iii)

Notwithstanding Subsection D.1.(c)(ii), if the required distance between units in Subsection D.4., the open space requirements, and/or the maximum lot coverage requirements would prevent an attached or detached accessory dwelling unit from being at least 800 square feet, or if the primary unit is less than 800 square feet, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to 800 square feet, provided that the unit shall comply will all other development standards, including but not limited to setback requirements.

2.

Height. Accessory dwelling units are limited to two stories, or to one story if built on top of a one-story structure.

3.

Setbacks.

a.

The front setback for an accessory dwelling unit shall be the same as for the primary unit on the property.

b.

The side and rear setbacks for an accessory dwelling unit shall be four feet minimum.

c.

Notwithstanding Subsections a. and b., no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure; where:

(i)

The existing structure is permitted; and

(ii)

The conversion or new construction will have the same dimensions as the existing structure.

4.

Separation Between Units. Detached accessory dwelling units shall have a minimum wall separation from the primary unit(s) of 15 feet.

5.

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.

6.

Unobstructed Space Surrounding Unit. There shall be at least four feet of unobstructed space adjacent to each exterior wall of an accessory dwelling unit in order to ensure that the unit is accessible by public safety personnel. This space shall remain unobstructed at all times.

7.

Nonconforming Conditions. Notwithstanding any other provision of this Code, approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property.

8.

Compliance with Other Codes. Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued.

9.

Utilities.

a.

The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home.

b.

Except as provided in Subsection a., accessory dwelling units and junior accessory dwelling units shall have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s).

10.

Wastewater Service.

a.

Sewer:

(1)

Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the City Engineer shall inspect existing sewer lines and determine sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code and/or other objective sewer or septic system requirements in local or state law, or exceed the existing sewer capacity, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

b.

Septic System:

(1)

If a parcel relies on an onsite wastewater treatment system and the primary unit or second unit is within 200 feet of an existing sewer system, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development unless the City determines that there are conditions precluding attachment.

(2)

If the parcel relies on an onsite wastewater treatment system, the City may, if applicable, require documentation of a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years.

(3)

If the City determines that the addition of a new unit or units would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

(4)

If a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development.

11.

Manufactured Homes. If a manufactured home is used as an accessory dwelling unit, it shall comply with the following requirements:

a.

It shall be no more than ten years old on the day it is installed on the property.

b.

It shall be installed on a permanent foundation.

c.

It must meet the design standards in Subsection 18.69.060(B).

12.

Address. Accessory dwelling units and junior accessory dwelling units shall have their own address, which shall be the address of the primary unit with the addition of a letter (A, B, C, etc.).

13.

Other Development Standards. Except as provided in this Section, accessory dwelling units and junior accessory dwelling units shall comply with all development standards applicable to the primary residence on the same lot.

(Ord. No. 339, § 6, 5-24-2022)

A.

The architectural design and detailing, roof material, roof pitch, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat.

B.

The roof shall have a minimum 16-inch overhang.

C.

If a manufactured home is used as an accessory dwelling unit, it shall comply with the following design requirements:

1.

It shall comply with the design requirements in Subsection A., except that if materials matching the primary dwelling are not commercially available for a manufactured home, then finish materials shall be the same color as the finish materials on the primary dwelling; and

2.

Mechanical equipment associated with the manufactured home shall be located so as to not be visible from a public street or adjoining property.

(Ord. No. 339, § 6, 5-24-2022)

A.

One new parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in Subsection C. The new parking space(s) shall be located on the same lot where the accessory dwelling unit is located, shall not be on the street, and shall be in addition to all existing parking spaces on the lot.

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, as defined in Government Code Section 65852.2(j), as may be amended.

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.

Off-street parking may be provided in setback areas in locations determined by the Planning and Development Services Department or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.

E.

Off-street 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. However, off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a junior accessory dwelling unit or is converted to a junior accessory dwelling unit.

F.

All parking design standards in Chapter 18.60 shall apply unless they conflict within this Chapter, in which case this Chapter shall govern.

(Ord. No. 339, § 6, 5-24-2022)

A.

Except as provided in Government Code Section 65852.26, 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 31 consecutive days.

C.

Unless the owner of the property provides the City with an annual certification that a unit is owner-occupied, accessory dwelling units and junior accessory dwelling units shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-owner occupied/rental property program).

(Ord. No. 339, § 6, 5-24-2022)

The approval of a junior accessory dwelling unit shall 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 the unit is, or will be, located. The covenant shall be approved by the City Attorney and the Building Official. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:

A.

A prohibition on the sale of the unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

B.

A restriction on the size and attributes of the unit that conforms to Government Code Section 65852.22, including the owner-occupancy requirement in Section 18.69.100.

(Ord. No. 339, § 6, 5-24-2022)

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.

(Ord. No. 339, § 6, 5-24-2022)

No impact fee shall be imposed for an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this Section, "impact fee" has the meaning given in Government Code Section 65852.2(f)(3)(b).

(Ord. No. 339, § 6, 5-24-2022)