King City City Zoning Code
CHAPTER 17
47 ACCESSORY DWELLING UNITS
§ 17.47.010 Purpose.
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. Implementation of this chapter is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.
(Ord. 808 § 35, 2022)
§ 17.47.020 Definitions.
For purpose of this chapter, the following terms shall be defined as follows:
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.
means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.
(Ord. 808 § 35, 2022)
§ 17.47.030 Review process-Certificate of occupancy.
(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 building permit process within sixty 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 sixty-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. 808 § 35, 2022)
§ 17.47.040 Consistency with density requirements, zoning, and general plan.
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. 808 § 35, 2022)
§ 17.47.050 General requirements.
(a)
Location.
(1)
An accessory dwelling unit:
(A)
Shall be located within a proposed or existing single-family dwelling, or an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure;
(B)
Shall be detached from, but located on the same lot as, a proposed or existing single-family dwelling, or an existing multifamily dwelling; or
(C)
Shall be attached to a proposed or existing single-family dwelling.
(2)
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.
(3)
A junior accessory dwelling unit shall be located entirely within a proposed or existing single-family dwelling structure.
(b)
Number of Units.
(1)
Up to one accessory dwelling unit is allowed on any lot with one or more existing or proposed single-family residence.
(2)
Up to one junior accessory dwelling unit is allowed on any lot with one and only one existing or proposed single-family residence. No junior accessory dwelling units are allowed on a lot with more than one existing or proposed single-family residence or with a multifamily residence. If a second unit is proposed to be built on a lot with an existing junior accessory dwelling unit, then the junior accessory dwelling unit must be demolished prior to issuance of a building permit for the second unit.
(3)
One, but not both, of the following options is permitted on a lot with an existing multifamily residence:
(A)
Up to two detached accessory dwelling units; or
(B)
Accessory dwelling units within the multifamily dwelling, as follows: the amount of accessory dwelling units allowed within a multifamily dwelling shall be equal to twenty-five 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 eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units.
(4)
One, but not both, of the following options is permitted on a lot with both one or more existing or proposed single-family residences and an existing multifamily residence:
(c)
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.
(d)
Separate Entrances. 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. However, no passageway to the unit is required. For purposes of this subsection (d), a “passageway” has the definition given in Government Code Section 65852.2(j), as may be amended.
(e)
Development Standards.
(1)
Accessory dwelling units and junior accessory dwelling units shall comply with the development standards in Table 17.47-1 (Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units).
Table 17.47-1 Development Standards For Accessory Dwelling Units and Junior Accessory Dwelling Units | |
|---|---|
Feature | Standard |
Minimum Size (Floor Area) | 150 square feet |
Maximum Size (Floor Area) | |
Accessory Dwelling Units | Studio or one bedroom: 850 square feet Two or more bedrooms: 1,000 square feet |
Junior Accessory Dwelling Units | 500 square feet |
Setback – Front[1] | Same as required for primary residence |
Setback – Side/Rear[1] | 4 feet[2] |
Maximum Height | 16 feet and 1 story[3] |
Minimum Lot Size | None |
[1]
Notwithstanding the Table, 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:
[2]
If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than four feet if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than 150 square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. If the expansion will be greater than 150 square feet or will be for a purpose other than facilitating entrance to and exit from the accessory dwelling unit, then the four-foot side and rear set back will apply.
[3]
Accessory dwelling units may be constructed above detached structures, including, but not limited to detached garages.
(2)
Except as provided in Table 17.47-1, accessory dwelling units and junior accessory dwelling units shall comply with all building and development standards applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to subsection (e)(3), below.
(3)
If the applicable maximum lot coverage requirement, or an applicable floor area ratio or open space requirement (if any), would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred square feet and sixteen feet in height, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred square feet and sixteen feet in height, provided that the unit shall comply will all other development standards.
(4)
Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.
(5)
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.
(6)
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.
(7)
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.
(8)
Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, shall be conducted to show there are no sewer line constraints, as determined by the city engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for the new units, as determined by the city engineer, prior to issuance of a building permit.
(f)
Historic Resources. Accessory dwelling units and junior accessory dwelling units proposed on listed historic properties and in historic districts shall be found consistent with the historic preservation ordinance, including historic preservation guidelines and Secretary of the Interior standards for the treatment of historic properties.
(Ord. 808 § 35, 2022)
§ 17.47.060 Design standards.
The architectural design and detailing, roof material, 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.
(Ord. 808 § 35, 2022)
§ 17.47.070 Parking requirements.
(a)
One on-site parking space shall be provided for each accessory dwelling unit on a lot, 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, 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 building official 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.
(f)
Prior to the issuance of building permits for an accessory dwelling not established within a legal existing parking area, a covenant agreement in a form approved by the city attorney shall be recorded on the property, which requires that any legal existing garage, carport or driveway on the property remain clear for parking uses. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property.
(Ord. 808 § 35, 2022)
§ 17.47.080 Sale and rental of units.
(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 thirty-one consecutive days.
(Ord. 808 § 35, 2022)
§ 17.47.090 Deed restriction-Junior accessory dwelling unit.
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 separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.
(Ord. 808 § 35, 2022)
§ 17.47.100 Owner occupancy-Junior accessory dwelling unit.
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. 808 § 35, 2022)
§ 17.47.110 Development impact fees.
No impact fee shall be imposed for an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty 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. 808 § 35, 2022)
§ 17.47.120 Enforcement.
Violations of this chapter shall be enforceable and punishable through any method provided for in this code and shall be considered a nuisance enforceable though code enforcement action under Chapter 7.51 of this code.
(Ord. 808 § 35, 2022)