The purpose of this Section is to:

A.

Allow accessory dwelling units on residential properties while respecting the character of the residential neighborhood.

B.

Increase the variety of housing types that are accessible for all income groups.

C.

Support affordable housing and multi-generational living.

D.

Encourage housing construction or alteration to assist residents with special needs including residents with disabilities.

E.

Create flexibility in the design and location of accessory dwelling units.

F.

Maintain adequate setback requirements and height limitations.

G.

Achieve conformity with state law, which has been revised over the years to reduce barriers in the approval process and create more housing units.

(Ord. No. 1130-385, § 3(Exh. A), 9-13-21)

Accessory Dwelling Unit. An accessory dwelling unit, commonly known as a second unit or in-law unit, is an attached or detached residential dwelling unit that is located on the same parcel as an existing or proposed single-family dwelling, duplex, or multifamily dwelling and provides permanent provisions for complete independent living, sleeping, eating, cooking, and sanitation facilities. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of Health and Safety Code and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Junior Accessory Dwelling Unit. A junior accessory dwelling unit is an accessory dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within an existing or proposed single-family residence with a separate exterior entrance. A junior accessory dwelling unit shall include a kitchen or efficiency kitchen, as defined in Government Code Section 65852.22, and may include a bathroom, or may share a bathroom with the existing or proposed single-family residence. In accordance with Government Code Section 66333, junior accessory dwelling units are permitted only in single-family zoning districts.

(Ord. No. 1130-385, § 3(Exh. A), 9-13-21; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

An accessory dwelling unit may be constructed on the same lot as an existing or proposed single-family dwelling, duplex, or multifamily dwelling in residential or mixed-use zoning districts and in precise plan zoning districts that allow residential uses, subject only to applicable building code requirements and the following development standards:

A.

Number, Density and Location.

1.

Single Family Dwelling—Number. No more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit shall be permitted to be located on the same lot that has an existing or proposed single-family dwelling. An accessory dwelling unit and junior accessory dwelling unit may be located in the same primary dwelling.

2.

Duplex and Multifamily Dwelling—Number. No more than two (2) accessory dwelling units detached from an existing multifamily dwelling unit shall be permitted to be located on the same lot. At least one (1) accessory dwelling unit and up to twenty-five percent (25%) of the total number of existing multifamily dwelling units shall be permitted to be converted from existing non-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.

3.

Density. Accessory dwelling units and junior accessory dwelling units shall not count toward the allowed density for the lot upon which the unit is located. Accessory dwelling units and junior accessory dwelling units approved in compliance with this Article shall be considered a residential use that is consistent with the requirements of the General Plan and zoning ordinance.

4.

Location. Accessory dwelling units may be attached to, detached from, or located within an existing dwelling. Junior accessory dwelling units shall be located within the single-family dwelling.

B.

Lot Coverage. Accessory dwelling units shall be exempt from lot coverage calculations of the underlying zoning district. For the purposes of this Article, attached garages, carports, and covered porches associated with an accessory dwelling unit shall count towards lot coverage.

C.

Building Height and Setbacks.

1.

Setbacks.

a.

A four (4) foot side and rear yard setback shall be required. Accessory dwelling units shall be subject to front yard setbacks applicable to the primary dwelling unless such a requirement would preclude the construction of a Statewide Exemption Accessory Dwelling Unit as is described in Section 37.4.B.

b.

No setback shall be required for an accessory dwelling unit located within the existing living area or an existing accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A legal accessory building (including a detached garage) may be converted into an accessory dwelling unit provided the side and rear setbacks are sufficient for fire safety.

2.

Conversion and Expansion of Converted Structures. Any expansion of an accessory dwelling unit converted from a legal accessory building or primary dwelling shall be subject to Section 37.3(Development Standards) requirements for an accessory dwelling unit.

3.

Height.

a.

Attached Accessory Dwelling Unit.

i.

Accessory dwelling units attached to an existing or proposed primary dwelling that comply with the setback requirements for the primary dwelling as set by the underlying zoning district shall be subject to the maximum height requirements of the underlying zoning district.

ii.

Attached accessory dwelling units that encroach within the setback requirements for the primary dwelling set by the underlying zoning district but comply with the setback requirements herein shall not exceed twenty (20) feet when such unit has a flat roof, or twenty-four (24) feet when such unit has a pitched roof (with the additional four (4) feet solely devoted to roof pitch).

b.

Detached Accessory Dwelling Unit. Accessory dwelling units detached from an existing or proposed primary dwelling shall be subject to a maximum height of twenty (20) feet when the accessory dwelling unit has a flat roof, or twenty-four (24) feet when such unit has a pitched roof (with the additional four (4) feet solely devoted to roof pitch. Detached accessory dwelling units shall also be subject to the following:

i.

No more than six hundred (600) square feet of the accessory dwelling unit shall be constructed above the first floor. The remaining allowable square footage shall be constructed on the first floor.

ii.

Balconies and second story decks shall be located interior to the site and not facing the immediately adjacent side or rear yards.

iii.

Open stairways shall be located interior to the site and not facing the immediately adjacent side or rear yards, if feasible.

4.

Access. An accessory dwelling unit shall have independent exterior access and a separate address.

5.

Square Footage. The maximum allowable square footage for an accessory dwelling unit shall not exceed the area specified below, provided that in no instance may an attached accessory dwelling unit exceed fifty percent (50%) of the total square footage of the existing primary dwelling. Notwithstanding the foregoing, accessory dwelling units subject to Section 37.4 (Statewide Exemption Accessory Dwelling Units) may exceed fifty percent (50%) of the existing primary dwelling square footage to allow up to eight hundred (800) square feet. For the purposes of this Article, square footage for an accessory dwelling unit shall not include garages, carports, and/or covered porches.

a.

Standard Units. Accessory dwelling units shall not exceed eight hundred fifty (850) square feet, except as specified in subsections (b) and (c) below.

b.

Multiple Bedroom Units. Accessory dwelling units that include more than one (1) bedroom shall not exceed one thousand (1,000) square feet.

c.

Accessible Units. Units meeting the California Building Code requirements for disabled access are permitted to have up to one thousand two hundred (1,200) square feet.

D.

Parking. No additional parking spaces shall be required for accessory dwelling units or junior accessory dwelling units. No replacement parking spaces shall be required if an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit.

E.

Pervious Area in Front Yard. The front yard shall be subject to the minimum pervious area and stormwater requirements of the underlying zoning district.

F.

Stormwater Treatment. Accessory dwelling units shall be subject to the requirements of Section 32.12 (Stormwater Treatment), including creek protection and setbacks, provided, however, that no Use Permit shall be required in accordance with Article 42.

G.

Passageway. A passageway shall not be required in conjunction with the construction of an accessory dwelling unit, unless mandated by other state or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky that extends from the street to the door of the accessory dwelling unit.

H.

Historic Preservation. Compliance with the appropriate Secretary of Interior's Standards for the Treatment of Historic Properties shall be required for properties listed in the California Register of Historical Resources.

I.

Junior Accessory Dwelling Units. If a junior accessory dwelling unit is proposed, it shall comply with the requirements of California Government Code Section 66333, as may be amended from time to time, including, but not limited to the following:

1.

Shall not exceed five hundred (500) square feet in size.

2.

Shall not be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

3.

Shall be contained entirely within the walls of a single-family residence.

4.

Shall provide a separate exterior entrance from the single-family home.

5.

Shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

6.

May share a bathroom with the single-family home.

7.

Shall be owner-occupied. The owner shall reside in either the single-family residence or the newly created junior accessory dwelling unit.

8.

A deed restriction shall be recorded providing for a prohibition on the sale of the Junior Accessory Dwelling Unit separate from the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes that conforms with the requirements of Government Code Section 66333.

9.

Only one (1) junior accessory dwelling unit shall be allowed per lot.

J.

Building and Fire Code Compliance. Accessory dwelling units shall comply with all applicable building and fire code requirements. Provided, however, that accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. Except however, fire sprinklers may be allowed to address fire code compliance as needed.

K.

Utilities and Impact Fees.

1.

No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

2.

No impact fees shall be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet in size. For purposes of this Article, "impact fees" shall not include utility connection fees or capacity charges.

3.

For accessory dwelling units that are seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 1130-385, § 3(Exh. A), 9-13-21; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

Only a building permit shall be required for an accessory dwelling unit or junior accessory dwelling unit in the following circumstances, provided, however that all of the development standards contained in Sections 37.3(C)(1) and (I) through (K) shall apply and none of the development standards contained in Section 37.3(A), (B), (C)(2) through (5) and (D) through (H) will apply:

A.

Single-Family Conversion. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot shall be permitted within an existing or proposed single-family dwelling if the accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire safety. An accessory dwelling unit proposed under this Section may include an expansion of no more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress.

B.

Single-Family Detached. New construction of one (1) detached accessory dwelling unit that does not exceed eight hundred (800) square feet and sixteen (16) feet in height shall be permitted with minimum four (4) foot side and rear yard setbacks. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit that is permitted by Section 37.4(A) above.

C.

Multifamily—Conversion. At least one (1) accessory dwelling unit and up to twenty-five percent (25%) of the total number of existing multifamily dwelling units shall be permitted to be converted from existing non-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.

D.

Multifamily Detached. No more than two (2) detached accessory dwelling units shall be permitted if the accessory dwelling unit(s) is/are located on a lot that has an existing multifamily dwelling, and the unit(s) is/are no more than sixteen (16) feet in height, and do not exceed four (4) foot rear yard and side setbacks.

(Ord. No. 1130-385, § 3(Exh. A), 9-13-21)

Except as otherwise permitted by State law, an accessory dwelling unit or junior accessory dwelling unit shall not be offered for sale, nor sold, but may be rented for terms longer than thirty (30) days. The short-term rental of accessory dwelling units shall not be permitted. Notwithstanding the foregoing, existing short-term rentals in accessory dwelling units that were registered with the City prior to January 1, 2020 may continue to be used as short-term rentals.

(Ord. No. 1130-385, § 3(Exh. A), 9-13-21; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

A.

Application. An accessory dwelling unit permit application shall include a building permit application and a completed checklist that demonstrates compliance with the requirements of this Article. The application shall include plans showing the details of the proposed accessory dwelling unit under submittal guidelines established by the Director. The Director shall determine compliance with this Article prior to issuance of the building permit for the accessory dwelling unit. This decision shall be considered final.

B.

Ministerial Review. All applications for accessory dwelling units that comply with the requirements under this Article shall be reviewed through a building permit within sixty (60) days after receipt of a complete application if there is an existing single-family dwelling, duplex, or multifamily dwelling on the lot. An application shall be denied if the proposed accessory dwelling unit does not comply with all applicable requirements of this Article. If the application involves an accessory dwelling unit where there is also an application for a new single-family dwelling on the lot, then the Director may delay action on the accessory dwelling unit application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Section to the accessory dwelling unit. Applicants may request a delay or waive the sixty-day approval period.

(Ord. No. 1130-385, § 3(Exh. A), 9-13-21)