1. Regardless of other provisions of this code, accessory dwelling units, as defined in section 17.06.010 of this title, may be allowed. Such dwelling units may be approved in order to provide affordable housing units, economic relief to homeowners, and create housing types appropriate for households and individuals at a variety of stages in the life cycle. The Accessory Dwelling Unit (ADU) code provides regulations and requirements for accessory dwelling units.

(Ord. 2001-4 § 7, 2001: Res. dated 1/10/94; Ord. 517 § 3, 1994: Ord. 443 Ch. 1 § 8(part), 1979)

The use of the Accessory Dwelling Unit may only be established in conformance with the review procedures of this section. Applicants shall follow the procedures, requirements, and standards of this Code. The use of the Accessory Dwelling Unit shall be conducted in accordance with the documents submitted for approval.

1. Planning and Zoning Commission Approval: All accessory dwelling units shall require the approval of the Planning and Zoning Commission. The following documents shall be submitted to the Commission for consideration:
   1. A site plan illustrating the property and clearly showing the location of all existing and new structures, parking, driveways, and walkways.
   2. A floor plan shall be submitted, drawn to scale with room labels and indicating designated use, in order to determine compliance with the requirements herein.
   3. A parking plan with at least three (3) hard surfaced, off-street parking spaces for each dwelling unit.
   4. A narrative statement prepared by the applicant explaining how the proposed accessory dwelling unit meets the requirements of this code.
2. Any proposed structures or remodeling of spaces within a structure to allow for an accessory dwelling shall require a building permit.
3. Any existing accessory dwelling unit that has not previously been approved by the Commission, shall be inspected by the Fire Marshall and/or the Building Inspector. A letter from each shall be presented stating that the accessory dwelling meets the requirements of Fire/Building code for human occupancy.
   1. The City Council shall establish a fee for each inspection.
      
4. Only one structure per parcel shall be allowed to be rented under the provisions of the Vacation Rentals or Short-Term Rentals (STR) code.
   

(Ord. 2001-4 § 9, 2001 (Exh. B): Ord. 517 §§ 4, 5, 1994; Ord. 443 Ch. 1 § 8(A), 1979)

(Ord. No. 2012-3, § 1, 12-17-2012)

1. Owner-occupant/ owner-occupied dwelling: the owner of a property containing an accessory dwelling unit shall live on the property in order for the secondary dwelling unit to be utilized for human occupancy.
   
2. An accessory dwelling unit may only be approved per the provisions of the Accessory Dwelling Unit Code.
3. An accessory dwelling unit shall only be allowed on a parcel that is occupied by a single-family dwelling (“primary dwelling”).
4. Only one accessory dwelling unit shall be allowed per parcel.

5. Requirements - Accessory Dwelling Units (ADU)
   CODE	MINIMUM LOT AREA/SITE (square feet)	MAXIMUM LOT AREA COVERAGE	MAXIMUM BUILDING HEIGHT	Minimum Setback Requirements
   				Front	Back	Side	Corner Lot Side
   ADU	28,000	*	35	25	20	8	25
   *The maximum lot coverage shall be the same as the underlying zone.

6. All accessory dwelling units shall be built upon a permanent foundation. Accessory dwelling units are not allowed in conjunction with mobile/manufactured homes.
7. A total of six (6) hard-surfaced, off-street parking spaces shall be required for the primary dwelling unit and the secondary dwelling unit- three (3) for each dwelling.
8. In all cases an accessory dwelling unit shall remain subordinate and incidental to the primary dwelling.
9. On parcels with a minimum area not less than 28,000 square feet but not more than 43,559 square feet, a secondary dwelling unit, or structure containing a secondary dwelling unit, shall not exceed 800 total square feet of living area.
10. On parcels with a minimum area exceeding 43,560 square feet, a secondary dwelling unit, or structure containing a secondary dwelling unit, shall not exceed 1,200 total square feet of living area.
11. Approval Letter: For all approved accessory dwelling units, a letter shall be required from the owner, and sworn before a public notary, stating that the owner will comply with all regulations of the Accessory Dwelling Unit Code and will occupy the property. The letter shall also state that the owner assumes responsibility to comply with further restrictions that may be imposed by a homeowners' association and/or codes, covenants, and restrictions (CC&Rs).
12. Additional Requirements: The Commission may impose other appropriate requirements, more stringent than those requirements contained within this section if deemed necessary to ensure the public health, safety, and welfare.
13. If the owner-occupant experiences a temporary absence, said owner-occupant shall request from the Commission a temporary exemption for continual approval to maintain the ADU. Each request shall be taken on a case by case basis. The Commission shall grant, pursuant to its discretion, an exemption upon a showing of good cause. A legitimate temporary absence may include:
    1. Military Service
    2. Ecclesiastical Service
    3. Residency in a healthcare facility
    4. The death of the owner-occupant
    5. Any other good reason
14. The installation of separate city utility connections (water/sewer) shall not be permitted.
15. For secondary dwelling units, an additional driveway with street access may be permitted with the approval of the city engineer, on city streets.
16. All parcels containing an accessory dwelling unit shall construct a privacy fence, at least six (6) feet tall, of opaque material to enclose any portion of a side or rear yard abutting adjacent parcels (irrespective of ownership) or streets, except on corner lots where the fence shall be subject to 17.08.030C.
17. Secondary dwelling units shall not be within twenty (20) feet of any other dwelling, including the primary dwelling on the same parcel.

(Ord. 2001-4 § 10, 2001: Ord. 443 Ch. 1 § 8(B), 1979)

Regardless of an approval granted by the City, accessory dwelling units may be further restricted by homeowners' association agreements and/or codes, covenants, and restrictions (CC&Rs). It is not the City's responsibility to ensure or enforce compliance with such agreements or CC&Rs. Homeowners are responsible to ensure that they are in compliance with applicable homeowners' association agreements and/or CC&Rs.

(Ord. 2001-4 § 11, 2001: Ord. 537 § 1, 1995: Ord. 443 Ch. 1 § 8(C), 1979)

Upon the sale of the home or the change of primary occupant, the approval for an accessory dwelling unit shall expire, unless otherwise renewed by the new owner. The new owner shall submit a letter to the commission, acknowledging an understanding of this code, and then the use may resume.

(Ord. 443 Ch. 1 § 8(D), 1979)

1. Each proposed accessory dwelling unit will be evaluated on whether it meets the requirements of this code, zoning code requirements, city ordinances, and whether the city can adequately provide necessary services to the structure. If the building does not comply with all requirements, the Commission shall not approve the application and advise the applicant of the reasons the application was not approved.
2. If a building permit application is denied, an appeal may be made to the City Council. At such hearing, the applicant or the applicant’s representative bears the burden of showing the denial was in error. The applicant or the applicant’s representative may present information to support their position. The City Council may then decide to allow the accessory dwelling unit, disallow the accessory dwelling unit, or allow the accessory dwelling unit under the conditions that a variance or a special use permit first be obtained. A hearing must be requested within 14 calendar days after a denial by the Commission. Such a request must be made in writing and filed with the City Clerk.

(Ord. 443 Ch. 1 § 8(E), 1979)

1. Any violation of this code is punishable per the provisions set forth in PMC 17.52.
2. A violation of this code may result in the revocation of any previously approved ADU.

(Ord. 2001-4 § 13, 2001)