The provisions of this chapter shall be known as the "accessory dwelling unit regulations" and shall apply to all lots zoned to allow residential uses that include an existing or proposed single-family dwelling. Accessory dwelling units (ADU) may exceed the allowable density for the lot upon which the ADU is located and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. No. 18-03, 9-26-18)

This purpose and objective of this chapter is to contribute needed housing to the community housing stock and establish reasonable standards for the development of ADU's on all lots that already contain one legally created residential unit.

(Ord. No. 18-03, 9-26-18)

The following standards shall apply to the establishment of accessory dwelling units:

A.

Accessory Structures within Existing Space. An ADU within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the section if complying with:

1.

Building and safety codes.

2.

Independent exterior access.

3.

Sufficient side and rear setback for fire safety.

B.

Accessory Dwelling Unit Attached and Detached.

1.

The ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the lot is subdivided pursuant to all applicable laws and local ordinances.

2.

The lot is zoned to allow residential uses that include an existing or proposed single-family dwelling.

3.

The ADU shall be located on the same lot as the existing dwelling.

4.

The floor space of an attached ADU shall not exceed fifty percent of the proposed or existing primary dwelling living area or one thousand two hundred square feet.

5.

The total area of floor space for a detached ADU shall not exceed one thousand two hundred square feet.

6.

The minimal parcel size that an ADU may be located on is seven thousand square feet.

7.

A passageway shall not be required in conjunction with the construction of an ADU.

8.

No setback shall be required for an existing garage that is converted to an accessory dwelling, and a setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

9.

An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

10.

If an ADU is detached, a ten-foot separation between the primary residence and the secondary residence is required.

11.

Parking requirements for ADUs shall not exceed one off-street parking space per unit. These spaces may be provided as tandem parking on a driveway, or in setback areas, excluding the non-driveway front yard setback.

12.

Additional parking is not required to support an ADU that meets any of the following:

a.

The ADU is located within one-half mile of public transit, including transit stations and bus stations.

b.

Is within an architecturally and historically significant historic district.

c.

Is part of an existing primary residence or an existing accessory structure.

d.

Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.

e.

When there is a car share vehicle located within one block of the ADU.

13.

When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, replacement parking shall not be required and may be located in any configuration on the same lot as the ADU.

14.

Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

15.

The city shall not require the applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure.

16.

The city shall require a new or separate utility connection for exterior ADUs, subject to a connection fee or charge that is based on the ADUs size or the number of its plumbing fixtures.

17.

No ADU shall exceed two stories or twenty-five feet in height.

18.

The ADU shall be constructed in accordance with provisions of the latest editions of the building codes.

(Ord. No. 18-03, 9-26-18)

ADUs shall be permitted ministerially, in compliance with this chapter within one hundred twenty days of application. The building official shall issue a building permit to establish an ADU in compliance with this chapter if all applicable requirements above are met. The community development director may approve an ADU that is not in compliance with the above requirements as set forth in the review process below.

(Ord. No. 18-03, 9-26-18)

An ADU that does not comply with the applicable standards listed in this article may be permitted with a site plan review permit at the discretion of the community development director subject to the findings listed in the section below.

A.

Findings.

1.

The project would not be detrimental to the public health and safety.

2.

That the project will have no adverse effect upon other properties including unreasonable privacy impacts.

3.

That adequate off-street parking or other alternative parking is available to support the ADU.

4.

That the project is consistent with the objectives and policies of the general plan and that granting the waiver will meet the purposes of this chapter.

(Ord. No. 18-03, 9-26-18)