No accessory dwelling unit may be approved or certificate of occupancy issued unless and until each of the following requirements are met:
(A) The plans for the accessory dwelling unit indicate that requirements of the State Subdivision Map Act and Title 16 of this code will be met.
(B) The accessory dwelling unit complies with the requirements of Title 15 of this code, including, without limitation, the Building Code and the Fire Code.
(C) The lot proposed for an accessory dwelling unit is zoned for single family, multiple family residential or residential/commercial mixed-use and contains an existing or proposed primary unit.
(D) The applicant is the owner of the property.
(E) An accessory dwelling unit shall not be sold separately from the primary unit, but may be rented; provided that short term rentals less than 30 days are prohibited for either unit.
(F) An accessory dwelling unit located within the existing living area of a single-family primary unit or accessory building does not require a new or separate utility connection directly between the accessory dwelling unit and the utility.
(G) For an attached or detached accessory dwelling unit or an accessory dwelling unit that is constructed with a new single-family primary unit, the applicant shall be required to pay a water and sewer connection fee and/or capacity charge established by resolution of the City Council that is proportionate to the burden of the proposed accessory dwelling unit on the water and sewer system, based upon either its square footage or the number of its drainage fixture unit value, as defined in the California Plumbing Code, as adopted in Chapter 15.20. No water or sewer connection fee or capacity charge shall be required for the development of an accessory dwelling unit located within the existing living area of a primary unit unless the accessory dwelling unit is being constructed at the same time as a new primary unit.
(H) An accessory dwelling unit that conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the General Plan and zoning designations for the lot.
(I) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(J) The physical dimensions of a primary unit or an accessory building may be expanded by no more than 150 feet if necessary to accommodate ingress and egress to a junior accessory dwelling unit or an accessory dwelling unit located within an accessory building or the existing living area of a primary unit.
(K) The maximum number of accessory dwelling units and/or junior accessory dwelling units that may be constructed on each lot shall be as follows:
(1) On lots with an existing or proposed single-family primary unit, a maximum of two accessory dwelling units are permitted in any of the following combinations provided that the side and rear setbacks are sufficient for fire and safety:
(a) One detached accessory dwelling unit that otherwise complies with the requirements of this chapter and either one junior accessory dwelling unit or one accessory dwelling unit that is contained entirely within the existing or proposed single-family primary unit and that otherwise complies with the requirements of this chapter;
(b) One junior accessory dwelling unit and one accessory dwelling unit that is contained entirely within the existing or proposed single-family primary unit and that otherwise complies with the requirements of this chapter;
(c) Two junior accessory dwelling units.
(2) On lots with existing multi-family residential units, accessory structures located on the same lot that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements or garages, may be converted to accessory dwelling units or junior accessory dwelling units provided such units comply with the requirements of this chapter and all applicable regulations set forth in Title 15 of this code.
(3) On lots with existing multi-family residential units, accessory dwelling unit(s) or junior accessory dwelling unit(s) may be constructed within up to 25% of the existing multi-family residential units on the lot provided that at least
one accessory dwelling unit or junior accessory dwelling unit shall be permitted within the existing multi-family residential units on the lot.
(4) On lots with existing multi-family residential units, no more than two detached accessory dwelling units.
(Ord. 3311 § 3, 2020; Ord. 3259 § 43, 2017.)