This chapter establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units (jointly referred to "accessory units" in this chapter) in conformance with Government Code Sections 66314 through 66332 and 66333 through 66339, respectively. These standards are intended to allow for accessory units as an important form of affordable housing while preserving the character and integrity of residential neighborhoods in Morgan Hill, and to comply with State law.

(Ord. No. 2313, § 1, 12-18-2019; Ord. No. 2362, § 11, 2-19-2025)

A.

Accessory units consistent with the requirements of this chapter are allowed by-right with the issuance of a building permit.

B.

Time Limit to Act. The city shall complete its review of an accessory unit application requiring a building permit and approve or deny the application within sixty days after receiving an application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory until the city acts on the permit application to create the new single-family dwelling. The application to create the accessory unit shall be considered without discretionary review or hearing.

C.

A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

(Ord. No. 2313, § 1, 12-18-2019; Ord. No. 2341 N.S., § 9, 2-15-2023)

Accessory dwelling units are permitted in any zoning district where single-family or multifamily dwellings are a permitted land use as identified in part 2 (zoning districts and overlay zones) of the zoning code. Junior accessory dwelling units are permitted in any zoning district where single-family dwellings are a permitted land use as identified in part 2 (zoning districts and overlay zones) of the zoning code.

(Ord. No. 2313, § 1, 12-18-2019)

A.

General.

1.

Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section.

2.

An accessory dwelling unit shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density, building coverage, or floor area ratio for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

B.

Number of Accessory Units.

1.

Single-Family Dwelling. No more than one detached accessory dwelling unit, no more than one attached accessory dwelling unit, and no more than one junior accessory dwelling unit is permitted on a single lot with an existing or proposed single-family dwelling.

2.

Proposed Multifamily Dwellings. Proposed multifamily dwelling structures may have no more than two detached accessory dwelling units on a lot.

3.

Existing Multifamily Dwellings.

a.

Existing multifamily dwelling structures may have no more than eight detached accessory dwelling units on a lot. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

b.

Existing multifamily dwelling structures may also have no more than one accessory dwelling unit or up to twenty-five percent of the existing multifamily dwelling units, whichever is larger, within portions of an existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

C.

Relationship to Primary Dwelling.

1.

An accessory dwelling 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. No passageway (as defined in Government Code Section 66313(i)) is required in conjunction with the construction of an accessory dwelling unit.

2.

An accessory dwelling unit shall have its own kitchen, bathroom facilities, and exterior access separate from the primary dwelling.

3.

The city shall allow junior accessory dwelling units as defined in Government Code Section 66313(d) to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen (consisting of a cooking facility with appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit) and shared or independent bathroom facilities. If a junior accessory dwelling unit does not include a separate bathroom from the single-family residence, the junior accessory dwelling unit shall include an interior entry to the main living area of the single-family residence.

4.

The accessory unit shall be clearly subordinate to the primary dwelling by size, appearance, and location on the parcel and shall comply with all applicable building and safety codes.

5.

A detached accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a proposed or existing single-family dwelling may be combined with a junior accessory dwelling unit.

D.

Maximum Unit Size.

1.

Except as specified in this subsection, Table 18.84-1 identifies the maximum floor area for detached and attached accessory dwelling units.

Table 18.84-1: Maximum Accessory Dwelling Unit Floor Area

2.

The maximum floor area of junior accessory dwelling units shall be five hundred square feet.

3.

The conversion of an existing accessory structure to an accessory dwelling unit, within the same location and to the same dimensions as the existing accessory structure, is not subject to unit size requirements.

4.

An accessory dwelling unit or junior accessory dwelling unit created within an existing accessory structure or a portion of the existing or proposed single-family dwelling may be expanded up to one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress only.

5.

An attached accessory dwelling unit permitted within the front yard setback, pursuant to Subsection E of this Section, shall be limited to eight hundred square feet.

E.

Property Line Setbacks.

1.

No setback is required for an existing accessory structure or living area as defined by Government Code Section 66313 that is converted to an accessory dwelling unit.

2.

No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure.

3.

A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit.

4.

An attached or detached accessory dwelling unit shall comply with the front setback requirements of the applicable zoning district. If an attached or detached accessory dwelling unit of at least eight hundred square feet in size is not permitted due to front, side, and rear setback requirements, then an attached accessory dwelling unit may be permitted within the front setback that complies with Section 18.92.080 (Intersection Sight Distance).

F.

Height.

1.

An attached accessory dwelling unit shall be limited to twenty-five feet in height or the height limitation of the applicable zoning district, whichever is less.

2.

A detached accessory dwelling unit that does not comply with the side and rear setbacks of the applicable zoning district shall be limited to sixteen feet in height, unless any of the following applies:

a.

On a lot within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, a detached accessory dwelling unit up to eighteen feet in height, and an additional two feet in height to accommodate a roof pitch, is permitted.

b.

On a lot with an existing or proposed multifamily, multi-story dwelling, a detached accessory dwelling unit up to eighteen feet in height is permitted.

G.

Parking.

1.

Except as specified in this subsection, required minimum on-site parking for accessory dwelling units shall be one parking space per accessory dwelling unit. On-site parking spaces for accessory dwelling units may be covered or uncovered and may be located within the front, side or rear setback areas (may be tandem).

2.

No off-street parking is required for an accessory dwelling unit in the following cases:

a.

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

b.

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

c.

When an accessory dwelling unit is constructed within the primary residence or an accessory structure.

d.

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

e.

When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.

3.

When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, the on-site parking spaces are not required to be replaced.

4.

On-site parking spaces are not required for junior accessory dwelling units.

H.

Design. The design of accessory units shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior) and the general character of the neighboring residential properties.

I.

Doors and Windows. Openings (e.g., doors and windows) on exterior walls that are closest to and face adjacent residentially-zoned properties shall be designed to minimize privacy impacts and maintain access to light and ventilation on adjacent properties.

J.

Utility Connections.

1.

General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service unless constructed in conjunction with a new single-family residence.

2.

Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and the utility or impose a related connection fee or capacity charge.

3.

Attached and Detached Accessory Dwelling Units. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

4.

Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory unit if sprinklers are not required for the primary residence.

K.

Septic Tank Disposal System.

1.

In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in accordance with current septic system requirements of the Santa Clara County Environmental Health Services.

2.

In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling unit.

(Ord. No. 2313, § 1, 12-18-2019; Ord. No. 2327 N.S., § 15, 12-15-2021; Ord. No. 2341 N.S., § 10, 2-15-2023; Ord. No. 2352, §§ 12, 13, 4-24-2024; Ord. No. 2362, § 12, 2-19-2025)

A.

Deed Restriction Required. Before obtaining 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 current owner. The deed restriction shall state that:

1.

The accessory unit may not be sold separately from the primary dwelling.

2.

The accessory unit is restricted to the approved size as set forth in subsection 18.84.050(D).

3.

The accessory unit shall not be rented for a period of less than thirty days.

B.

Binding on Future Owners. The above declarations shall be binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city's approval of the accessory unit.

(Ord. No. 2313, § 1, 12-18-2019)

A.

Impact fees shall not be imposed on an accessory dwelling unit less than seven hundred fifty square feet in size.

B.

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.

(Ord. No. 2313, § 1, 12-18-2019)