In any district that permits a residence, the following types of accessory buildings and uses are permitted if the required standards are met.

(a)

Keeping of animals and other creatures.

(1)

On lots of one-half acre or less, the keeping of chicken hens (no roosters), rabbits, guinea pigs, or similar small animals, not exceeding a combined total of 12 in number (excluding the offspring thereof, up to the age of six months, may be kept for home enjoyment or consumption, subject to the provisions of other applicable laws. No hoofed animals are permitted, except two potbellied pigs are allowed as pets.

(2)

On lots exceeding one-half acre, the keeping of animals listed above in numbers exceeding those listed or keeping of other types of livestock shall be permitted with an approved use permit. Such animals housed in pens or buildings shall not be nearer than 35 ft. to any lot line and not nearer than 40 ft. from a residence.

(3)

Kennels are not permitted in residential districts.

(4)

Beehives are only permitted within the City limits on a temporary basis when used in conjunction with a bona fide agricultural operation for which bees are needed for pollination of trees within the city.

(b)

Garage/yard sales. Garage/yard sales are allowed when involving the sale of common household goods, primarily owned by the resident, for a duration not to exceed three days, nor more frequently than two times per year per residence. On-site signs are permitted. Off-site signs are permitted pursuant to Section 8-5.6306(f) of this chapter. If illegal off-site signs are posted in the vicinity of the garage/yard sale, the person or persons operating the garage/yard sale at the location indicated on the sign shall be held responsible for the posting of the prohibited sign(s).

(c)

Residential accessory buildings (including guest houses). In addition to the standards established by the district in which the building is located, the following standards apply:

(1)

Unless otherwise provided for in this chapter residential accessory buildings are subject to lot coverage requirements.

(2)

A residential accessory building cannot be constructed prior to the main building on the lot.

(3)

No accessory building, except garages or carports, may encroach on the front one-half of any lot or be within 50 ft. of the front property line, whichever is less.

(4)

Height limits/yard reductions.

⁽¹⁾ Within a required interior side or rear yard one building used exclusively as a storage shed and one structure for a children's playhouse is permitted, and not subject to lot coverage limitations, provided:

i.

Each has a roof of less than 120 square ft.

ii.

Each does not exceed eight ft. in height.

⁽²⁾ For those lots that back onto a General Plan street with a City maintained landscape strip the height of an accessory building shall not exceed eight ft. when located within ten ft. of the rear lot line.

(d)

Patio covers in yard areas. A patio cover may encroach into the rear yard of a one-family or two-family residential unit, and not be subject to lot coverage limitations, provided:

(1)

The patio cover remains open from the ground to the roof except screening on all sides not attached to the main building.

(2)

The patio cover is attached to the main building or meets the minimum six ft. separation required for accessory buildings.

(3)

The patio cover may encroach a maximum of ten ft. into the required rear yard, provided:

(i)

The support posts for the patio cover shall be a minimum of ten ft. from the rear property line and the eaves on the patio cover shall not extend more than two ft. beyond that;

(ii)

The minimum side yard standard shall be maintained;

(iii)

The width of the patio cover shall not exceed one-half the width of the main building;

(iv)

Only shed-type of flat roofs shall be allowed for patio covers, with a maximum eave height of nine ft.

(e)

One-family residence - Zero lot line.

(1)

Must meet residential density standards of the General Plan.

(2)

Must be part of a project designed for this type of development. The building footprints of the residences must be approved as part of the subdivision map.

(3)

The opposite side yard must be a minimum of ten ft. wide (R-1 District only).

(4)

No more than two units attached to each other.

(§ 8-5.5001, Ord. 010-94, eff. January 5, 1995; Ord. 07-95, eff. August 31, 1995; § 1, Ord. 08-99, eff. July 1, 1999; § 1, Ord. 03-00, eff. June 15, 2000; § 3, Ord. 009-03, eff. July 17, 2003; Ord. No. 006-22, § 9, 3-15-2022)

(a)

Use of a mobile home as a one-family residence. A mobile home may be placed upon any lot as a one-family residence within any residential district which allows one- or two-family residences as a permitted use, provided the mobile home meets the following standards:

(1)

The mobile home shall be certified under the National Mobile Home Construction and Safety Act of 1974;

(2)

The mobile home shall be placed upon a permanent foundation approved by the Building Department;

(3)

The mobile home has a minimum width of 20 ft.;

(4)

The mobile home is covered with an exterior material compatible to residential structures in the surrounding area;

(5)

The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend more than three in. below the top of the foundation. Alternative skirting materials, customarily used in conventional residential structures, will be considered compatible;

(6)

The roofing material is composition shingles or other materials customarily used on conventional residential structures in the surrounding area;

(7)

The roof has a pitch of not less than 2.5 in. of vertical rise for each 12 in. of horizontal run;

(8)

The roof has eaves and gable overhangs of not less than one ft. measured from the vertical side of the mobile home or what is customarily found on conventional residential structures in the surrounding area;

(9)

The mobile home has an enclosed attached garage or a carport, if they are customarily found with conventional residential structures in the surrounding area;

(10)

The exterior covering material of the garage or carport is the same as the mobile home;

(11)

The finished floor is a maximum of 25 in. above the exterior finish grade of the lot;

(12)

The facade which fronts on the street is designed with sufficient detail to make it visually compatible with conventional residential structures in the area.

(b)

Home occupations. A home occupation may be conducted in any residential district subject to the following conditions:

(1)

The residential use remains the primary activity on the property;

(2)

The activity is limited to one customer on the premises at a time for which off-street parking shall be provided in addition to that required for the residential use;

(3)

It involves no sale of merchandise other than that produced on the premises or merchandise directly related to the business and incidental to the services offered;

(4)

It is carried on by the members of the family occupying the dwelling, with no other persons employed on-site;

(5)

It produces no exterior evidence of its existence beyond the premises, including but not limited to outdoor storage, noise, smoke, odors and vibrations;

(6)

No external signage relative to the business shall be allowed;

(7)

If the residence is not owner-occupied, property owner authorization for the home occupation is provided;

(8)

There shall be no outdoor storage of building materials, machinery, equipment or other materials related to the home occupation;

(9)

The repair of autos, trucks, motorcycles, boats, trailers and similar equipment is specifically prohibited as a home occupation.

Home occupations that allow more than one customer at a time may be approved with a use permit (Section 8-5.7003); provided, that the Planning Commission finds that the added traffic will not adversely impact the neighborhood and that adequate off-street parking is provided.

(c)

Model homes. Model homes with sales offices and temporary information/sales trailers are permitted in new residential subdivisions, provided the following criteria are met:

(1)

A site plan shall be submitted to the Planning Department showing the location of all model homes and temporary information/sales trailers, signage (Section 8-5.6306(k)), identification flags (Section 8-5.6306(l)) and fencing proposed;

(2)

A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months;

(3)

Real estate sales shall be limited to properties within the subject subdivision;

(4)

Prior to the sale of any of the subject models as a single-family residence, any portion used for commercial purposes shall be converted to its intended residential purpose;

(5)

The zoning clearance (Section 8-5.7002) shall be valid for a term period of three years or until completion of the sale of lots/residences, whichever comes first. One year extensions may be approved by the Planning Director until the sale of all lots/residences is completed.

(d)

Rotating church cold weather shelters. Existing churches shall be allowed to operate a rotating cold weather shelter program from within their facilities during the months of November 1 through April 30 through the zoning clearance process, subject to the following standards:

(1)

The maximum number of participants that can stay at a single church facility is 30 people.

(2)

The maximum length of stay at a participating church facility by an eligible participant is seven days. Once a church facility has hosted a cold weather shelter for seven days, the church shall wait 21 days before serving as a cold weather shelter again.

(3)

Eligible participants at the shelter(s) shall be oriented to families.

(4)

Eligible participants shall be brought to the participating church facility not before 6:00 p.m. and shall depart the facility by 7:30 a.m. the next day.

(5)

As part of the zoning clearance process, participating churches in the rotating cold weather shelter program shall submit an operations plan that provides the following information:

(i)

Screening process for eligible participants.

(ii)

Occupancy schedule.

(iii)

No loitering policy.

(iv)

Transportation plan.

(§ 8-5.5002, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995; § 8, Ord. 015-10, eff. December 16, 2011; § 1, Ord. 007-11, eff. December 15, 2011)

(a)

Reserved. [Formerly pertained to second residences in the R-1 District.]

(b)

Locational criteria for churches. In order to ensure compatibility between churches and neighboring one-family residential development, churches located in an R-1 or R-2 District must meet the following criteria, in addition to any conditions imposed as part of the use permit approval:

(1)

Churches must be located on a lot that is either:

(i)

Contiguous with a multiple family, commercial, industrial or public district; or

(ii)

Has primary frontage on a collector or arterial street, as designated by the general plan.

(2)

Vehicle access to the church parking lot should be as near as feasible, or directly onto, a collector or arterial street.

(3)

The minimum yard area between the church and any one-family residential lot shall be that of the district within which the property is located or 20 ft., whichever is greater. At least ten ft. of that yard area shall be landscaped with the intent of screening building and paved areas from the one-family residence.

(4)

The lot coverage standard for the R-1 or R-2 District shall apply to the church facility.

(5)

Expansion of churches existing prior to this ordinance shall comply only with the yard area and lot coverage standards described above.

(c)

Standards for mobile home parks. Mobile home parks, where permitted, shall meet the following requirements in addition to any conditions imposed by the use permit:

(1)

Mobile home space dimensions.

(i)

All mobile home lots in the mobile home park shall average at least 3,000 square ft. in area, and in any case no lot shall be less than 2,500 square ft.

(ii)

Yards for mobile homes in mobile home spaces shall be:

A.

Front: Ten ft.

B.

Side: Five ft. (zero and ten ft. if the project is designed for this type of development).

C.

Rear: Ten ft.

D.

Awnings and carports may be within 3 ft. from any mobile home space boundary.

(2)

Circulation.

(i)

All mobile home lots shall access internal private streets located within the mobile home park. There shall be no direct access from a mobile home lot to a public street or alley.

(ii)

All interior streets shall be a minimum of 25 ft. in width, exclusive of required parking areas and shall be designed and improved to City standards.

(iii)

All necessary rights-of-way adjacent to the site as may be necessary to conform to the standards of the general plan shall be offered for dedication to the City.

(3)

On-site utilities. Shall be underground.

(4)

Walls and screening. All exterior boundaries shall be screened with a solid decorative wall or fence. The wall shall be inside of required landscape areas for front and street side yards of the respective district.

(5)

Parking. As provided in Article 61 of this chapter.

(6)

Common open space/recreation areas. A minimum of 400 square ft. of space for each mobile home space shall be devoted to common open space and recreational facilities within the mobile home park. This area does not include street rights-of-way, parking areas, areas between structures less than 15 ft. wide or private yards.

(7)

Landscaping. All common open space areas, exterior front and street side yards and common parking areas shall be landscaped, as provided in Article 60 of this chapter, unless otherwise used for recreation activities.

(8)

Walkways. Walkways shall link the mobile homes with recreational and other internal facilities as well as other mobile homes.

(9)

Mobile home type. All mobile homes shall be certified under the National Mobile Home Construction and Safety Act of 1974.

(d)

Residential parking and yard reductions or waivers. This section provides a means of relief from the parking and yard requirements of this chapter for those residential property owners who purchased residential property for use as their own place of residence which have parking and yard violations which existed prior to their purchase of the property.

A use permit to reduce or waive parking or yard requirements under this section may be approved only when the following findings can be made:

(1)

The modifications to the structure or to the property were completed by a prior owner of the property;

(2)

The current owner of the property has not participated in or contributed to creating, increasing, or compounding of the degree of severity of the violation;

(3)

The total cost of restoration of the property or structure to conform to the Zoning Regulations will exceed $1,000.

In addition to the above findings, the Planning Commission shall make such additional findings as required by this chapter for the approval of use permits.

All properties or structures receiving parking or setback reductions or waiver under this section shall be classified as a nonconforming structure and shall receive all rights and privileges conferred by that status.

(§ 8-5.5003, Ord. 010-94, eff. January 5, 1995; § 2, Ord. 009-03, eff. July 17, 2003)

(a)

Purpose. This section is intended to implement the provisions of Government Code Section 66310 et seq.

(b)

Definitions. The following definitions apply to this section. In the event of conflict or inconsistency with Government Code Section 66313, including any amendments or successor statutes thereto, the state law shall govern.

(1)

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(i)

An efficiency unit.

(ii)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(2)

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

(3)

"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

(4)

"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(5)

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(6)

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(7)

"Multifamily dwelling" means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

(8)

"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.

(9)

"Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

(10)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(11)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(12)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(13)

"Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.

(14)

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(c)

Accessory dwelling units and junior accessory dwelling units general requirements. Accessory dwelling units and junior accessory dwelling units shall be subject to the provisions in this subsection.

(1)

Accessory dwelling units are subject to the objective development standards of Table 8-5.5004(A). Junior accessory dwelling units are subject to the objective development standards of Table 8-5.5004(B). State exemption accessory dwelling units and junior accessory dwelling units shall be subject to the same development standards, provided that any development standard that is in conflict or inconsistent with subsection (f), below, shall not be applicable.

(2)

Zoning.

a.

The City shall not impose any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

b.

Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located.

c.

Accessory dwelling units are a residential use consistent with the City's General Plan and Land Use Designation for the lot.

(3)

Maximum number.

a.

Single-family. For a lot with an existing or proposed single-family dwelling, no more than one accessory dwelling unit and one junior accessory dwelling unit.

b.

Multifamily.

(i)

For a lot with a proposed or existing multiple-family residential development, at least one accessory dwelling unit and/or junior accessory dwelling unit, but no more than a number of accessory dwelling units/junior accessory dwelling units equaling 25% of the existing dwelling units, rounded up, within the portions of the existing multiple-family residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; and

(ii)

No more than two detached accessory dwelling units on a lot that has an existing multiple-family residential structure.

(4)

Ownership and rental. The accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary dwelling. The primary dwelling unit and the accessory dwelling unit shall remain under the same ownership. The accessory dwelling unit shall not be sold separately from the primary dwelling unit, except when the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation and meets all the requirements of Section 66341 of the Government Code, including any amendments or successor statutes thereto.

(5)

Short-term rental prohibited. An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a period of fewer than 30 days.

(6)

An accessory dwelling unit or junior accessory dwelling unit shall be used solely as a dwelling. Accessory dwelling units and junior accessory dwelling units shall not be utilized as ancillary or accessory uses, including, but not limited to, events, storage, home office, gym/workout studio, and greenhouse.

(7)

A trailer or any other recreational vehicle may not be maintained as an accessory dwelling unit or junior accessory dwelling unit on a residential lot.

(8)

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

(9)

Fees.

a.

No impact fees, as defined in Government Code Section 66324(c)(2), shall be imposed on junior accessory dwelling units or accessory dwelling units of less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

b.

An accessory dwelling unit shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(10)

Covenant. Prior to the issuance of a certificate of occupancy for an approved accessory dwelling unit a fully-executed use covenant and restriction running with the land shall be recorded by the city with the county recorder's office, and shall include the following:

a.

A declaration that the accessory dwelling unit is constructed and maintained pursuant to this chapter to and shall not be converted to or used for a non-residential use.

b.

A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction shall be enforced against future purchasers. An accessory dwelling unit may be sold separately only if the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation consistent with the provisions of Government Code Section 66341.

(11)

A certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit shall not issue before a certificate of occupancy for the primary dwelling.

(12)

The demolition of a detached garage that is to be replaced with an accessory dwelling unit shall not be required to provide written notice or post a placard for the demolition, unless the property is located within an architecturally and historically significant district.

(d)

Accessory Dwelling Units. Accessory dwelling units are subject to the development standards in Table 8-5.5004(A).

^[1]

Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an accessory dwelling unit or junior accessory dwelling unit that is within or attached to the primary dwelling.

^[2]

Notwithstanding the above, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure where the conversion or new construction will have the same dimensions as the existing structure.

^[3]

If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than 4 ft. if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than 150 square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit.

^[4]

This maximum height requirement only applies to new construction. If an accessory dwelling unit will be located completely within an existing structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.

(e)

Junior Accessory Dwelling Units. Junior accessory dwelling units shall be subject to the following additional requirements.

(1)

Development Standards. Junior accessory dwelling units are subject to the development standards in Table 8-5.5004(B).

(2)

The city may require an inspection of the junior accessory dwelling unit, including the imposition of a fee adopted by city council resolution for that inspection, to determine if the junior accessory dwelling unit complies with the application therefor, and applicable building standards.

(3)

For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

(4)

This subsection shall not be construed to prohibit the city from requiring parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as those requirements apply uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.

(5)

A deed restriction running with the land must be recorded which provides that the unit shall not sold separately from the primary dwelling, and that the deed restriction may be enforced against future purchasers, and a restriction of the size and attributes of the junior accessory dwelling unit the conforms with this section.

(6)

Owner occupancy required. The owner must reside at the residence; they may reside in the primary residence or the junior accessory dwelling unit. This requirement shall not apply if the owner is another governmental agency, land trust, or housing organization.

(f)

State Exemption Accessory Dwelling Units and Junior Accessory Dwelling Units.

(1)

All objective development standards provided for in this section shall apply to state exemption accessory dwelling units and junior accessory dwelling units to the extent they do not conflict with any provision of this subsection.

(2)

Notwithstanding anything else to the contrary in the section, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any accessory dwelling unit or junior accessory dwelling unit that complies with the following standards (a "state exemption" accessory dwelling unit or junior accessory dwelling unit). The City's standards relating to lot coverage, floor area ratio, open space, or minimum lot size will not preclude the construction of a state exemption accessory dwelling unit or junior accessory dwelling unit. No development or design standards

a.

One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

(i)

The accessory dwelling unit or junior 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 may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

(ii)

The space has exterior access from the proposed or existing single-family dwelling.

(iii)

The side and rear setbacks are sufficient for fire and safety.

(iv)

The junior accessory dwelling unit complies with the requirements of subsection (e), above.

b.

One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:

(i)

A total floor area limitation of not more than 800 square feet.

(ii)

A height limitation as provided in Tables 8-5.5004(A) and (B), as applicable.

c.

Multifamily dwellings.

(i)

Multiple accessory dwelling units are allowed within the portions of existing multifamily dwelling structures 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

(ii)

Not more than 8 detached accessory dwelling units on a lot with an existing multifamily dwelling; however, the number of allowable accessory dwelling units shall not exceed the number of existing units on the lot, subject to the height limitations provided in Table 8-5.5004(A), and rear and side setbacks of at least four feet.

(iii)

Not more than two detached accessory dwelling units on a lot with a proposed multifamily dwelling, subject to a height limitation pursuant to Table 8-5.5004(A), as applicable, and rear yard and side setbacks of at least four feet.

(iv)

If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling shall not be a condition for approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection (c).

(3)

Correction of nonconforming zoning conditions shall not be required.

(4)

The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

(5)

A state exemption accessory dwelling unit or junior accessory dwelling unit shall not be used as a short-term rental, in accordance with section 17.02.026. (Short-term Rentals and Advertisement of Short-Term Rentals.)

(6)

Any accessory dwelling unit that shall be connected to an onsite wastewater treatment system must provide, as part of its application, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

(7)

A new or separate utility connection directly between a state-exemption accessory dwelling unit and the utility shall not be required, or a related connection fee or capacity charge imposed, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342 of the Government Code.

(g)

Accessory Dwelling Unit and Junior Accessory Dwelling Unit Approval Process.

(1)

Accessory dwelling units and/or junior accessory dwelling units, either attached or detached, which adhere to the standards in this section shall be approved or denied ministerially by the Development Services Department prior to issuance of a building permit.

(2)

An application to create or serve an accessory dwelling unit or junior accessory dwelling unit on a lot with an existing dwelling that meets all applicable standards described in this chapter shall be approved or denied ministerially within 60 days after the City receives a completed application, without need for a hearing and notwithstanding any ordinance regulating the issuance of variances or special use permits. If the completed application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the completed application may be delayed until the single-family or multifamily dwelling application is acted upon.

a.

If denied, the City shall provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.

b.

If an applicant requests a delay, the 60-day time period may be tolled for the period of the delay.

c.

If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

d.

No City ordinance, policy, or regulation, other than this chapter shall be the basis for the delay or denial of a building permit or a use permit under this section.

(3)

Consideration and issuance of a permit for an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on correction of nonconforming zoning conditions or building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.

(4)

Any new accessory dwelling unit or junior accessory dwelling unit may not be converted to primary dwelling unit space or to any other use for a minimum of 20 years from construction.

(5)

The filing fee for an accessory dwelling unit or junior accessory dwelling unit application shall be established by resolution of the city council.

(6)

The City shall not deny a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018 absent a finding that correcting the violation is necessary to protect the health and safety of the public or the occupant of the accessory dwelling unit, or if the structure is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

(7)

The city shall allow preapproval of accessory dwelling unit plans as per Section 65852.27 of the Government Code effective 1/1/2025.

(Ord. No. 006-22, § 10, 3-15-2022; Ord. No. 010-24, § 5, 11-19-2024)

Editor's note— Ord. No. 010-24 amended the title of § 8-5.5004 from "Accessory dwelling units" to "Accessory Dwelling Units and Junior Accessory Dwelling Units" as herein set out above.

(a)

Purpose. The purpose of this section is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.

(b)

Ministerial review; standard for denial.

(1)

Notwithstanding any other provision of this Code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.

(2)

An application for a second unit or a two-unit development shall be reviewed by the Development Services Director through the zoning clearance review process, subject to applicable fees.

(3)

Notwithstanding subsection (b)(1), the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(c)

General requirements. Proposed second units and two-unit developments:

(1)

Shall be located in the R-1 zoning district;

(2)

Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (A)(6)(K), inclusive, of Government Code Section 65913.4;

(3)

Shall not require or allow the demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

(4)

Shall not require or allow the demolition of more than 25% of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;

(5)

Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and

(6)

Shall not be located within a Historic District or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

(d)

Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:

(1)

Configuration. A second unit, and both units of a two-unit development, may be attached to, adjacent to, or detached from any other structure on the parcel, subject to subsections (c)(3) and (c)(4).

(2)

Size. A second unit, and both of the units in a two-unit development, shall be no larger than 1,200 square feet in floor area each.

(3)

Height. A second unit, and both of the units in a two-unit development, shall be no taller than 16 ft. in height from ground level and shall be one story. This maximum height requirement only applies to new construction. If a second unit will be located completely within an existing permitted structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.

(4)

Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 ft. from the side and rear lot lines.

(5)

Parking.

a.

One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two-unit development.

b.

Notwithstanding subsection (d)(5)a., no parking spaces are required for a second unit or a two-unit development if either:

(i)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or

(ii)

There is a car share vehicle located within one block of the parcel.

(6)

Separate entrances. A second unit, and both of the units in a two-unit development, shall have a separate entrance.

(7)

Wastewater.

a.

Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

b.

Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an on-site wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer finds that the on-site wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

(8)

Additional development standards. Except as provided in subsections (d)(1) through (d)(7), second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

(9)

Limitation on enforcement of development standards. With the exceptions of the setback requirements in subsection (d)(4) and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area.

(e)

Total number of units.

(1)

This section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.

(2)

Notwithstanding any other provision in this section, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 8-2.1606.

(f)

Design standards. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

(g)

Rental term. Second units and the units in a two-unit development shall not be rented for a term of less than 31 consecutive days.

(Ord. No. 006-22, § 11, 3-15-2022)