18.38.015  ACCESSORY DWELLING UNITS AND ACCESSORY DWELLING UNITS – JUNIOR.
   .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:
      .0051   "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.
      .0052   "Sanitation Facility" A room that includes a toilet compartment, sink with hot and cold water taps, and shower or bathtub.
      .0053   "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, the provisions of Government Code Section 65852.2 shall apply as the same may be amended from time to time:
      .0151   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.
      .0152   Not more than two Accessory Dwelling Units that are located on a lot that has an existing multiple-family dwelling, but are detached from that multiple-family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
   .025   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.
   .030   Number of Units Per Parcel.  No more than one (1) Accessory Dwelling Unit and one (1) Junior Accessory Dwelling Unit shall be allowed on a single lot.
   .040   Existing Lot and Uses.  An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be allowed if the existing lot and dwelling meet the following requirements:
      .0401   The lot on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is proposed to be established shall contain one existing or proposed permanent main dwelling unit, and no existing accessory living quarters, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this section; and
      .0402   The Accessory Dwelling Unit is allowed in the zone in which it is proposed.
   .050   Prohibited Locations.  Accessory Dwelling Units or Junior Accessory Dwelling Units are not permitted 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.
   .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:
To view Table 38-A in PDF, click here
 
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
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.
800 square feet.
Attached
50% of main dwelling unit2
or
1,200 square feet (whichever is less).
2Studio and one-bedroom units permitted up to 850 square feet. Two bedroom units permitted up to 1,000 square feet.
1,200 square feet.
Detached
1,200 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.
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 16 feet 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 16 feet or the height of the main dwelling unit, whichever is greater.
Building Separation
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.
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 shall not be visible from any public right-of-way, excluding alleys;
      .0702   The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit;
      .0703   The color, material and texture of all building walls shall be similar to, and compatible with, the main dwelling unit;
      .0704   The architectural style of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of the main dwelling unit;
      .0705   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;
      .0706   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;
      .0707   When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the design shall incorporate features to match the scale, materials and landscaping of the original main dwelling unit that preserve the existing streetscape and character of the surrounding neighborhood; and
      .0708   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.
      .0901   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 requirements for the historic structure;
      .0902   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;
      .0903   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 are encouraged to comply with the design guidelines outlined in the City of Anaheim Citywide Historic Preservation Plan and other historic preservation plans as may be approved by the City Council; and
      .0904   Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for historically classified structures, the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall conform to the mandatory 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.
   .120   Deed Restrictions.  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:
      .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.
   .125   Ownership and Occupancy for Accessory Dwelling Units shall be required for applications submitted on or after January 1, 2025, unless otherwise provided by State law, subject to sections 18.38.015.110 and 18.38.015.120.
   .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.  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.)