.010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that Accessory Dwelling Units and Junior Accessory Dwelling Units are a valuable form of housing in California. It is the intent of the City to permit Accessory Dwelling Units and Junior Accessory Dwelling Units in all areas zoned to allow single-family or multiple family residential use, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments.
.015 Definitions. For the purposes of this Section, the following words, terms, and phrases shall have the following meanings:
.0151 "Efficiency Kitchen" A room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a cooking facility with appliances, food preparation counter, and storage cabinets.
.0152 "Sanitation Facility" A room that includes a toilet compartment, sink with hot and cold water taps, and shower or bathtub.
.0153 "Junior Accessory Dwelling Unit" A use class defined as an Accessory Dwelling Unit - Junior in subsection .010 of Section 18.36.050 (Accessory Use Classes).
.020 Multiple-Family Zones. For development of Accessory Dwelling Units in zones that allow multiple-family dwellings and properties developed with multiple-family dwellings, the provisions of Government Code Section 65852.2 shall apply as the same may be amended from time to time:
.0201 A local agency shall allow at least one Accessory Dwelling Unit within an existing multiple-family dwelling and shall allow up to 25 percent of the existing multiple-family dwelling units.
.0202 Not more than two Accessory Dwelling Units that are located on a lot that has an existing or proposed multiple-family dwelling, but are detached from that multiple-family dwelling and are subject to a height limit of 18 feet plus additional two feet for a roof pitch and four-foot rear yard and side setbacks.
.030 Single-Family Zones and Uses. No more than one (1) Accessory Dwelling Unit and one (1) Junior Accessory Dwelling Unit shall be allowed on a single lot with a single-family dwelling.
.040 Density Provisions. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, and shall be deemed to be an accessory residential use which is consistent with the existing general plan and zoning designations for the lot.
.050 Prohibited Locations. Accessory Dwelling Units or Junior Accessory Dwelling Units are not permitted in the following locations:
.0501 In any area of the City identified, by resolution of the City Council, to be areas with insufficient sewer infrastructure where accessory dwelling units result in impacts to the public health and safety.
.0502 On any parcel that has obtained a permit for a Two-Unit Development or an Urban Lot Split, pursuant to Section 18.38.255 (Two-Unit Development and Urban Lot Split).
.060 Development Standards. The following development standards contained in Table 38-A (Accessory Dwelling Unit Development Standards) apply based on the type of unit and the applicable development standards. These standards shall apply to Accessory Dwelling Units and Junior Accessory Dwelling Units:
Table 38-A: Accessory Dwelling Unit Development Standards | |||||
Junior Accessory Dwelling Unit | Accessory Dwelling Unit 800 square feet | Accessory Dwelling Unit > 800 square feet | |||
Table 38-A: Accessory Dwelling Unit Development Standards | |||||
Junior Accessory Dwelling Unit | Accessory Dwelling Unit 800 square feet | Accessory Dwelling Unit > 800 square feet | |||
Minimum Unit Size | 150 square feet. | 150 square feet. | 150 square feet. | ||
Maximum Unit Size | 500 square feet.1 |
800 square feet. | Attached | Detached
1,200 square feet. | |
50% of main dwelling unit2 | |||||
or | |||||
1 Up to 150 square feet may be added to an existing main dwelling unit to accommodate ingress or egress, but the overall unit size shall not exceed 500 square feet. | 1,200 square feet (whichever is less). | ||||
2Studio and one-bedroom units permitted up to 850 square feet. Units with two or more bedrooms permitted up to 1,000 square feet. | |||||
Lot Coverage | The standards of the underlying zone shall apply. | Not Applicable. | The standards of the underlying zone shall apply. | ||
Structural Setbacks | The standards of the underlying zone shall apply. | Front: Underlying zone3
Side: 4 feet Rear: 4 feet 3A detached Accessory Dwelling Unit shall be located no closer to the front property line than the front-most building wall of the main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. An attached Accessory Dwelling Unit located above an existing nonconforming structure within the required front setback shall not be subject to the front setback standards of the underlying zone when located in the same location and to the same dimension as the existing structure. At the discretion of the Planning and Building Director, a modified front setback may be permitted if an applicant can demonstrate that it is not possible to construct an 800 square foot unit outside of the front setback. | Attached
Front: Underlying Zone Side: 4 Feet Rear: 4 Feet | Detached Front: Underlying Zone4
Side: 4 feet Rear: 4 feet 4A detached Accessory Dwelling Unit shall be located no closer to the front property line than the front-most building wall of the main dwelling unit; except for Accessory Dwelling Units resulting from the conversion of an existing garage, carport, or covered parking structure. | |
Structural Height | The standards of the underlying zone shall apply. | Attached
The standards of the underlying zone shall apply. | Detached
The maximum height is 18 feet plus additional two feet for a roof pitch, or the height of the main dwelling unit, whichever is greater. | Attached
The standards of the underlying zone shall apply. | Detached
The maximum height is 18 feet plus additional two feet for a roof pitch, or the height of the main dwelling unit, whichever is greater. |
Building Separation | Not Applicable. | Not Applicable. | A detached Accessory Dwelling Unit shall have a minimum separation of 10 feet between the main dwelling unit and the detached Accessory Dwelling Unit. | ||
Access | Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. | Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. | Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit. | ||
Minimum Kitchen Requirements | Efficiency Kitchen. | Efficiency Kitchen. | Efficiency Kitchen. | ||
Sanitation Facility | May share Sanitation Facility with main dwelling unit.5
or
May have separate Sanitation Facility. 5When sharing Sanitation Facilities with the main dwelling unit, interior access shall be provided between the main dwelling unit and the Junior Accessory Dwelling Unit. | Sanitation Facility. | Sanitation Facility. | ||
.0601 Utility Services. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. For new construction, a separate utility connection may be required directly between the Accessory Dwelling Unit and the utility.
.0602 Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence;
.0603 Patio covers, semi-enclosed patio covers, enclosed patio covers, and porches that are attached to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall comply with requirements of the underlying zone.
.070 Design. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the following design standards:
.0701 Exterior stairs and doors should be located to limit visibility from any public right-of-way, excluding alleys, where feasible;
.0702 The design of an attached Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit.
.0703 If the Accessory Dwelling Unit is constructed above the main dwelling unit or garage, all windows and doors shall be designed to minimize the privacy impacts onto adjacent properties including, but are not limited to, window placement above eye level, windows and doors located toward the existing on-site residence;
.0704 Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the required street setback area, in compliance with Section 18.46.100.050.0501;
.0705 Adequate access by emergency services to the main dwelling unit, Accessory Dwelling Unit, and Junior Accessory Dwelling Unit shall be provided.
.080 Parking. Parking for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking Requirements).
.090 Historic Buildings. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim’s local historic inventory shall conform to the following design standards:
.0901 The elevations of the Accessory Dwelling Unit shall include character-defining features, limited to wall cladding and foundations, roof types and materials, windows, porches and porch supports, door types, and chimneys listed in the City’s Architectural Style Guide for the applicable stle of the historic residential dwelling on site. Additional information is available in the City of Anaheim Architectural Style Guides and Citywide Historic Preservation Plan;
.0902 Side or rear additions shall have a wall offset (plane break) no less than 1-foot deep from the primary façade to distinguish the historic building from the new addition;
.0903 Detached and attached accessory dwelling units shall be at least 1 foot narrower than the width of the existing structure;
.0904 Garage conversions with a garage door facing a public right-of-way, excluding alleys, must maintain a garage door. The garage door does not need to be functional. Driveways leading to the garage door must remain; and
.0905 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards;
.100 Code Compliance. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City.
.105 Sale or Conveyance of an Accessory Dwelling Unit.
.1051 An Accessory Dwelling Unit may be rented separate from the main dwelling unit but may not be sold or otherwise conveyed separate from the main dwelling unit.
.110 Ownership and Occupancy for Junior Accessory Dwelling Units.
.1101 Owner Occupancy Required. One of the residential dwellings on a lot on which the Junior Accessory Dwelling Unit is proposed to be established shall be occupied as the primary residence of the owner of the lot, and shall not be rented or leased as long as the Junior Accessory Dwelling Unit exists. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization;
.1102 Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time; and
.1103 Sale or ownership of a Junior Accessory Dwelling Unit separate from the main dwelling unit is prohibited.
.115 Deed Restrictions for Junior Accessory Dwelling Units. Prior to issuance of a building permit for a Junior Accessory Dwelling Unit, the property owner shall execute a covenant setting forth the Ownership and Occupancy Requirements and the following minimum requirements, in a form and substance satisfactory to the Planning and Building Department and City Attorney’s Office, which shall be recorded in the office of the Orange County Recorder.
.1151 The Junior Accessory Dwelling Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership;
.1152 The Junior Accessory Dwelling Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Junior Accessory Dwelling, is occupied by the owner of record of the property; and
.1153 The restrictions shall be binding upon any successor in ownership of the property.
.120 Sale of Accessory Dwelling Units. The Accessory Dwelling Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership.
.1201 The Junior Accessory Dwelling Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership;
.1202 The Junior Accessory Dwelling Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Junior Accessory Dwelling, is occupied by the owner of record of the property; and
.1203 The restrictions shall be binding upon any successor in ownership of the property.
.130 Existing Nonconforming Units. Accessory Dwelling Units that exist as of the effective date of this section that have previously been legally established may continue to operate as legal nonconforming Accessory Dwelling Units. Any Accessory Dwelling Unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning and Building Director determines that the unit meets the provisions of this section.
.140 Conversion of Existing Structures. Conversion of legally established structures or conversions of space not previously legally established for habitable space, such as attics, basements, garages or any other part of a residential property, into an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted. Conversions of legally permitted structures are exempt from lot coverage, structural setbacks, structural height, and building separation requirements. A legally established accessory structure may be demolished and rebuilt as an Accessory Dwelling Unit without additional structural setbacks when located in the same location and to the same dimension as the existing structure.
.1401 Conversion of an existing legal "granny unit" into an Accessory Dwelling Unit shall require that the unit meet the provisions of this Code; and
.1402 Legal nonconformities of the existing main dwelling unit shall be allowed to remain.
.150 Approval. The application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be reviewed by the Planning and Building Director for compliance with the provisions of this section. If the Planning and Building Director determines that the application and evidence submitted show that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit will comply with the requirements of this Section 18.38.015, the application shall be approved within 60 days of receipt; otherwise, the application shall be denied. Notwithstanding any other provision of this Code to the contrary, no waiver of, administrative adjustments, or variance from any requirement of this Section 18.38.015 shall be approved, nor shall any application for such a waiver, administrative adjustments, or variance be accepted for processing.
.160 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a "Reports and Recommendations" item, and determined by resolution. (Ord. 6419 § 7; August 29, 2017: Ord. 6461 §§ 10, 11; April 16, 2019: Ord. 6473 § 23; December 3, 2019: Ord. 6483 § 6; June 9, 2020: Ord. 6506 §§ 32, 33; February 9, 2021: Ord. 6524 § 12; January 25, 2022: Ord. 6526 §§ 11-13; February 15, 2022: Ord. 6555 § 32; April 4, 2023.)