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This article is adopted pursuant to Government Code section 65852.2 for the purpose of implementing the City's regulation of accessory dwelling units.
Government Code section 65852.2(e) requires the City ministerially approve certain accessory dwelling units in certain residential or mixed use zones within the City. On the other hand, Government Code section 65852.2(a)(1)(A), allows the designation of areas for accessory dwelling units "based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety."
The City Council finds that the conditions that were cited in Ordinance No. 1381 that existed in the City at the time (for example, increased traffic, relatively high density of housing in a small area, and intense on-street parking) continue to exist within the City. While the City Council recognizes that accessory dwelling units present a potential solution to the state's housing crisis, the Council continues to believe that accessory dwelling units increase the volume of vehicle traffic within the City, on-street parking, and noise, and can introduce pollutants into the City's storm drains.
By adopting this chapter, the City Council desires to comply with state law while reserving its right to conduct studies evaluating the adequacy of water and sewer services.
(Ord. 1550, 7-5-2017; amd. Ord. 1613, 2-4-2020)
A. Locations: Accessory dwelling units are permitted by right throughout any zone where residential uses are permitted. Accessory dwelling units may be: 1) contained within the existing or proposed space of a single-family residence or attached to a single-family residence, 2) within the space of an existing accessory structure, or 3) detached from the single-family residence, subject to the requirements and development standards in this Code and State law.
B. Conjunction With Single-Family Or Multi-Family Dwelling: An accessory dwelling unit may only be constructed in conjunction with either an existing or proposed single-family dwelling or an existing multi-family dwelling.
C. Certificates Of Occupancy: The City shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling or dwellings.
D. Separate Sale Prohibited: Accessory dwelling units may not be sold separately from a primary dwelling.
E. Owner Occupancy Required: For accessory dwelling units for which a building permit is applied for after January 1, 2025, the primary or accessory dwelling unit must be the primary residence of the property owner of the lot. If none of the units on the lot are occupied by the owner as the owner's primary residence, the accessory dwelling unit will automatically be deemed a non-habitable space which may not be used as a dwelling and may not be rented.
F. Covenant Required: Before the City issues a certificate of occupancy for an accessory dwelling unit, the property owner must record with the County Recorder a covenant running with the land stating 1) that the accessory dwelling unit may not be used in violation of this chapter, and 2) any rental of the accessory dwelling unit be for a term of thirty (30) days or longer. The covenant must be approved by the Director and approved as to form by the City Attorney.
G. Release Of Covenant: In the event a covenant was previously recorded for a permitted accessory structure restricting the structure as non-habitable pursuant to subsection 15-4A-6H of this chapter, before the City issues a building permit for an accessory dwelling unit, the property owner must record a release of such covenant with the County Recorder, in a form approved by the Director of Community Development and the City Attorney.
H. The City may not condition its approval of the permit application by requiring the applicant correct a non-conforming zoning condition, as that term is defined in Government Code section 65852.2. (Ord. 1550, 7-5-2017; Ord. 1613, 2-4-2020; Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)
Accessory dwelling units must meet the development standards applicable to accessory structures in the zone in which they are situated except as follows:
A. Height: Same as residential structures in the R-1 Zone.
B. Setbacks:
1. Attached To And/Or Within A Primary Dwelling: Same as primary dwellings in the zone in which they are situated. If the primary dwelling has a non-conforming setback, the accessory dwelling portion may maintain the same setback.
2. Detached From A Primary Dwelling: If the setback required in a zone for accessory structures is other than four feet (4') from the interior side or rear lot lines, the detached accessory dwelling unit must be set back no less than four feet (4').
3. Exception: No setback shall apply to a portion of an existing structure that is converted to an accessory dwelling unit.
C. Building Area:
1. Attached to a primary dwelling and/or within the primary dwelling: Maximum of forty nine percent (49%) of the total floor area of the combined dwellings.
2. Detached: Maximum of one thousand two hundred (1,200) square feet.
3. The total area of the primary dwelling and the accessory dwelling unit may not exceed the maximum permitted floor area of the lot, except an existing structure is converted to an accessory dwelling unit.
4. Nothing in this chapter is meant to prohibit an accessory dwelling unit up to eight hundred fifty (850) square feet, or one thousand (1,000) square feet for a two (2) bedroom unit.
D. Density:
1. Lots with a proposed or existing single-family dwelling:
a. One accessory dwelling unit and one junior accessory dwelling unit per lot within a proposed or existing single-family dwelling or existing accessory structure, and/or
b. One accessory dwelling unit detached from the primary structure or attached to an accessory structure that may be combined with one junior accessory dwelling unit per lot.
2. Lots with a proposed or existing multifamily dwelling structure:
a. One accessory dwelling unit within the portions of existing multifamily dwelling structures that are not used as livable space, provided each unit complies with state building standards for dwellings, and multiple accessory dwelling units up to a maximum of 25 percent of the existing multifamily dwelling units, and/or
b. Two detached accessory dwelling units per lot with an existing multifamily dwelling structure.
For purposes of this section, portions of existing multi-family dwelling structures that are not used as livable space, include, but are not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
E. Architectural Design: Each unit, whether attached or detached, must be architecturally compatible with the primary dwelling.
F. Parking:
1. No parking spaces are required for accessory dwelling units within one-half (1/2) mile walking distance of a public transit stop.
2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, replacement parking for the lost spaces are not required.
G. Separate Entrance: If the accessory dwelling unit is attached to or within the primary dwelling, it must have independent exterior access from the proposed or existing primary dwelling. Such independent exterior access may not be an entrance facing the front yard. An independent and separate entrance to the accessory dwelling unit must be located on the side or at the rear of the primary dwelling.
H. Compliance: The accessory dwelling unit must comply with applicable Building, Health and Fire Codes except where explicitly exempted by Government Code section 65852.2. Fire sprinklers for accessory dwelling units are required only when they are required for the primary dwelling on the lot. (Ord. 1550, 7-5-2017; Ord. 1613, 2-4-2020; Ord. 1648, 6-21-2023)
A. Any application for a building permit to create an accessory dwelling unit on a lot with an existing single-family dwelling or multi-family dwelling units shall be ministerially approved or denied within 60 days of the City's receipt of a completed application. If a completed application is not approved or denied within 60 days, the application shall be deemed approved. However, any permit application for an accessory dwelling unit that is submitted with a permit application to create a single-family dwelling shall be considered ministerially but is not subject to the 60 day requirement to allow the City time to act on the permit application to create the new single-family dwelling, if necessary. If an application for an ADU is denied, staff shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
B. For an accessory dwelling unit of 750 square feet or more, the applicant must pay development impact fees imposed pursuant to Chapter 27A of this title, in an amount set by City Council resolution, provided that such development impact fee is proportional in relation to the square footage of the primary dwelling unit. (Ord. 1550, 7-5-2017; Ord. 1613, 2-4-2020; Ord. 1648, 6-21-2023)
A. An accessory dwelling unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed simultaneously with a new single-family dwelling.
B. The City may require a new or separate utility connection directly between the accessory dwelling unit and the utility, and may require the payment of a connection fee or capacity charge for any accessory dwelling unit, unless the accessory dwelling unit is an accessory dwelling unit or junior accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, in which event no new or separate utility connection may be required.
(Ord. 1613, 2-4-2020)
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