Susanville City Zoning Code
CHAPTER 17
132 ACCESSORY DWELLING UNITS ADUS
§ 17.132.010 Purpose and intent.
The purpose and intent of this chapter is as follows:
Purpose. The purpose of this chapter is to provide regulations for the development of accessory dwelling units through a ministerial process consistent with California Government Code Section 65852.2.
Intent. The regulations in this chapter are intended to:
Implement the provisions of the General Plan Housing Element;
Assure compliance with California Government Code Section 65852.2 and other relevant housing legislation;
Encourage the development of accessory dwelling units;
Streamline and minimize governmental constraints on residential development; and
Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units.
(Ord. 24-1044, 9/18/2024)
§ 17.132.020 Acknowledgement.
The city recognizes the state of California is facing a severe housing crisis. The city acknowledges accessory dwelling units and junior accessory dwelling units expand lower cost housing opportunities and are an essential component of the city and state's housing supply.
(Ord. 24-1044, 9/18/2024)
§ 17.132.030 Applicability.
The regulations established in this chapter shall apply to all accessory dwelling units where allowed in compliance with Section 17.132.040 (Where Allowed) of this chapter and state law. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter and the California Building Code. An accessory dwelling unit that conforms to the standards of this chapter shall not be:
Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit is located;
Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located;
Considered in the application of any city ordinance, policy, or program to limit residential growth; and
Required to correct a nonconforming zoning condition as defined in Section 17.132.050 (Definitions). This does not prevent the city from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.
(Ord. 24-1044, 9/18/2024)
§ 17.132.040 Where allowed.
In compliance with California Government Code Section 65852.2, accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows for residential uses. This includes mixed-use zoning districts which allow residential and zones which allow residential as a conditionally permitted use.
(Ord. 24-1044, 9/18/2024)
§ 17.132.050 Permit requirements and processing procedures.
An application for an accessory dwelling unit that complies with all applicable requirements of this chapter and California Government Code Section 65852.2 shall be approved ministerially through the building permit process. A building permit application for an accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling shall be acted upon within 60 days of the building permit application being complete. The building permit applicant may request a delay in the city processing of the building permit, which shall result in the tolling of the 60-day time period.
(Ord. 24-1044, 9/18/2024)
§ 17.132.060 Types of accessory dwelling units.
An accessory dwelling unit approved under this chapter may be one of the following types:
Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.
Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.
Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including, but not limited to, studio, pool house, or other similar structure. See Section 17.16.100 (Standards Applicable to Converted Accessory Dwelling Units) of this chapter.
Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following (see Section 17.132.170 (Standards Applicable to Junior Accessory Dwelling Units) for additional regulations):
Shall only be allowed on parcels zoned for single-unit residences and that include an existing or proposed single-unit dwelling.
Is entirely located within a proposed or existing primary single-unit dwelling.
Has independent exterior access from the primary dwelling.
Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(Ord. 24-1044, 9/18/2024)
§ 17.132.070 Types and number of units allowed.
Single-Unit Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-unit residential zones in the following combinations:
One Attached Unit and One Junior Accessory Dwelling Unit. One attached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling.
One Converted Unit and One Junior Accessory Dwelling Unit. One converted space accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling.
One Detached Unit and One Junior Accessory Dwelling Unit. One detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling.
Multi-Unit Dwelling Areas. Accessory dwelling units are allowed in multi-unit dwelling zones in the following combinations:
Converted Spaces within a Multi-Unit Residential Dwelling Structure.
Within any multi-unit residential dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.
At least one accessory dwelling unit shall be allowed within an existing multi-unit dwelling structure if the total number of accessory dwelling units within the structure does not exceed 25% of the existing units.
Detached Accessory Dwelling Units. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit residential dwelling structure exists.
(Ord. 24-1044, 9/18/2024)
§ 17.132.080 Standards applicable to all accessory dwelling units.
The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing single-unit residential dwelling or multi-unit residential dwelling structures to create an accessory dwelling unit.
Parcel Size and Width. No minimum parcel size or parcel width standards shall apply to the construction of an accessory dwelling unit.
Parcel Coverage. An accessory dwelling unit shall comply with the parcel coverage requirements of the applicable zoning district, except in the case where the allowable parcel coverage would preclude an accessory dwelling unit, one attached or detached accessory dwelling unit with a maximum size of 800 square feet, regardless of the number of bedrooms, shall be allowed and shall comply with the requirements of this chapter.
Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary dwelling located on the parcel.
Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling.
Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling per the California Building Code.
Permanent Foundation.
All accessory dwelling units shall be permanently attached to a permanent foundation as defined by the California Building Code.
The use of a recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, boat, or other apparatus not designed for permanent human habitation is prohibited.
Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit on a parcel with a primary dwelling.
Illegal Units. This chapter shall not validate any existing illegal accessory dwelling units or junior accessory dwelling units. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.
Design. Accessory dwelling units shall comply with the following general design standards:
Within any historic district zone or historic district overlay zone, the design of accessory dwelling units shall be consistent with the design and development guidelines applicable to such zones.
If the accessory dwelling unit is a manufactured home, the manufactured home shall be erected and permanently attached on a permanent foundation and shall be made to match the primary dwelling in terms of architectural style, exterior materials and colors, and roof pitch.
No Separate Conveyance. Except as provided in Government Code Section 65852.26, an accessory dwelling unit shall not be sold or otherwise conveyed separately from the parcel and the primary dwelling(s).
Rental term. No accessory dwelling unit shall be rented for a term of less than 30 days.
Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than 750 square feet in size. Any impact fee charged to an accessory dwelling unit 750 square feet or larger in size shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For purposes of calculating the fees for an accessory dwelling unit on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For accessory dwelling units converting existing space with a 150 square foot expansion, a total unit square footage over 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit(s).
(Ord. 24-1044, 9/18/2024)
§ 17.132.090 Additional standards applicable to attached and detached accessory dwelling units.
The following standards shall apply only to attached and detached accessory dwelling units.
Unit Size Requirements. Attached and detached accessory dwelling units shall comply with the following unit size requirement:
Attached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. No more than two bedrooms are allowed, an attached accessory dwelling unit shall not exceed 50% of the floor area of the primary dwelling.
Detached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. No more than two bedrooms are allowed.
Unit Type Combinations. A detached, new construction accessory dwelling unit may be combined on the same parcel with one junior accessory dwelling unit. When combined with a junior accessory dwelling unit, the maximum size of the detached accessory dwelling unit is limited to 800 square feet, regardless of the number of bedrooms.
Measurement of Unit Size. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage.
Height. Accessory dwelling units are limited to a maximum height of 16 feet, except as established below:
Detached Units Located Adjacent Transit Services. If a detached accessory dwelling is located within a half-mile of a major transit stop or high-quality transit corridor, as defined in Chapter 17.04 (General Provisions and Definitions), the unit is limited to a maximum height of 18 feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling unit.
Detached Units on Multifamily Residential Dwelling Parcels. If a detached accessory dwelling is located on a parcel with a multistory, multifamily dwelling structure, the detached accessory dwelling unit is limited to a maximum height of 18 feet.
Accessory Dwelling Units Above Garages. An accessory dwelling unit located above a detached garage is limited to a maximum height of 25 feet.
Attached Units. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.
Parking. One off-street parking space is required for an accessory dwelling unit in addition to that required for the primary dwelling, except as established below.
No off-street parking shall be required if any of the following circumstances exist:
The accessory dwelling unit is located within one-half mile of public transit.
The accessory dwelling unit is located on a property which is recognized as historically significant.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
Where there is a car share vehicle located within one block of the accessory dwelling unit.
The required off-street parking space may be covered or uncovered and shall be allowed in tandem and in setback areas, unless the review authority makes specific findings that such parking is not feasible due to specific site topographical or fire and life safety conditions.
If a garage, carport, or covered parking is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required.
(Ord. 24-1044, 9/18/2024)
§ 17.132.100 Standards applicable to converted accessory dwelling units.
The following standards apply only to converted accessory dwelling units:
Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.
Exterior Access Required. The converted space or structure shall have exterior access.
Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.
Parking. No additional off-street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include, but is not limited to, covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.
Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this chapter. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it would not be subject to the established unit size requirements.
(Ord. 24-1044, 9/18/2024)
§ 17.132.110 Standards applicable to junior accessory dwelling units.
The following standards apply only to junior accessory dwelling units.
Where Allowed. Junior accessory dwelling units shall only be allowed on parcels zoned for single-unit residential dwellings and that include an existing or proposed single-unit dwelling.
Location on Parcel. A junior accessory dwelling unit shall be allowed in the following locations:
Within the walls of an existing or proposed single-unit dwelling.
Combined with a detached or new construction accessory dwelling unit. When combined with a junior accessory dwelling unit, the maximum size of the accessory dwelling unit is limited to 800 square feet, regardless of the number of bedrooms.
Number of Units Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel.
Unit Size Requirements. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 feet and shall not expand the size of an existing single-unit dwelling by more than 150 square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.
Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:
A sink with a maximum waste line drain of one-and-on-half inches;
A cooking facility with appliances which do not require electrical service greater than one 120 volts or natural or propane gas;
A food preparation counter or counters that total at least 15 square feet in area; and
Food storage cabinets that total at least 30 square feet of shelf space.
Parking. No off-street parking is required for the junior accessory dwelling unit.
Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single-unit dwelling. If a bathroom facility is not shared with the single-unit dwelling, the junior accessory dwelling may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation.
Deed Restriction. Junior accessory dwelling units shall comply with the following deed restriction requirements:
Deed Restriction Required. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Tehama Recorder's office and a copy filed with the city. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and shall provide that:
The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by state law.
The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this section.
The deed restriction runs with the land and shall be enforced against future property owners.
Deed Restriction Removal. The deed restriction may be removed if the property owner eliminates the junior accessory dwelling unit. To remove the deed restriction, a property owner shall make a written request of the city, providing evidence that the junior accessory dwelling unit is eliminated. The city shall determine the junior accessory dwelling unit has been eliminated. If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards.
Enforcement. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
(Ord. 24-1044, 9/18/2024)