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This section establishes standards for accessory dwelling units in conformance with Cal. Gov’t Code § 65852.2 and junior accessory dwelling units in conformance with Cal. Gov’t Code § 65852.22. These standards are intended to allow for accessory dwelling units as an important form of affordable housing, while preserving the character and integrity of Eureka's residential uses and neighborhoods. See § 155.304.130 (tiny houses on wheels) for regulations to use a tiny house on wheels as an accessory dwelling unit.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
(A) Zoning clearance. Accessory dwelling units consistent with the requirements of this section are allowed by-right with a zoning clearance.
(B) Time limit to act. The city shall complete its review of an accessory dwelling unit application requiring a zoning clearance and approve or deny the application within 45 days after receiving the application.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
(A) Single family dwelling. On a lot with an existing or proposed single-family dwelling, the following maximum number of accessory dwelling units are allowed:
(1) One attached or detached accessory dwelling unit; and
(2) One junior accessory dwelling unit pursuant to Cal. Gov’t Code § 65852.22.
(B) Multi-family dwelling. On a lot with an existing or proposed multi-family dwelling, the following maximum number of accessory dwelling units are allowed:
(1) Not more than two detached accessory dwelling units; and
(2) One or more accessory dwelling units, within a portion of the existing structure that is not used as habitable space. For example, existing garage, storage room, boiler room, passageway, attic, or basement areas that are not used as habitable space may be converted to an accessory dwelling unit.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)
An accessory dwelling unit or junior accessory dwelling unit in a residential or mixed-use zoning district may not be converted to, or utilized as, a short-term, transient, vacation rental or commercial lodging if the accessory dwelling unit or junior accessory dwelling unit was granted a certificate of occupancy after January 1, 2020.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)
(A) General standards.
(1) Accessory dwelling units are not included in density calculations, are considered residential uses, and may count as a dwelling unit for purposes of identifying adequate sites for housing.
(2) Accessory dwelling units may be rented, but not sold, except as provided by Cal. Gov’t Code § 65852.26.
(3) Accessory dwelling units must comply with the state building standards for dwellings as determined by the Building Official.
(4) The floor area of an accessory dwelling unit (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit.
(B) Height, FAR, and site coverage.
(1) Accessory dwelling units are subject to the same height standards that apply to primary dwellings on the lot in the applicable zoning district.
(2) FAR and site coverage standards do not apply to the accessory dwelling unit.
(C) Relationship to residential structures.
(1) An accessory dwelling unit may be within, attached to, or detached from a single- or multi-family residential structure.
(2) A junior accessory dwelling unit must be contained entirely within an existing or proposed single-family residence. For purposes of this standard, enclosed uses within the residence, such as attached garages, are considered a part of the residence.
(3) An accessory dwelling unit or junior accessory dwelling unit must have kitchen and bathroom facilities that are separate from the primary dwelling, except as allowed by division (4) below.
(4) A junior accessory dwelling unit may have an efficiency kitchen as defined in Cal. Gov’t Code § 65852.22(a)(6). Bathroom facilities, but not the efficiency kitchen, may be shared with the primary dwelling. If the bathroom is shared with the primary dwelling, the junior accessory dwelling unit must have an interior entry to the primary dwelling's main living area.
(D) Maximum unit size.
(1) Junior accessory dwelling unit. The floor area of a junior accessory dwelling unit may not exceed 500 square feet in size. See § 155.112.050(B) (Floor Area Calculation for Junior Accessory Dwelling Unit) for rules of measurement.
(2) Accessory dwelling unit.
(a) Conversion of existing space or structure 1,050 square feet or less. When an existing space or structure with a floor area 1,050 square feet or less is converted to an accessory dwelling unit, the floor area may be increased up to a maximum of 1,200 square feet.
(b) Conversion of existing space or structure greater than 1,050 square feet. The physical dimensions of an existing space or structure with a floor area greater than 1,050 square feet may be increased by not more than 150 square feet, but only for the purpose of providing ingress or egress.
(c) New construction. The floor area of a new accessory dwelling unit (either attached or detached) may not exceed 1,200 square feet. The floor area calculation for accessory dwelling units does not include covered parking.
(E) Existing home designated as accessory unit. If a lot contains an existing single-family home less than 1,200 square feet in size, the existing home may be designated as an accessory dwelling unit as part of a project to construct a new single-family home on the lot.
(F) Setbacks.
(1) Residential zones. Accessory dwelling units are subject to setbacks as provided in § 155.204, Tables 204-2, 204-2.1, 204-2.2 and 204-3.
(2) Mixed use zones. Accessory dwelling units are subject to the setbacks as provided in § 155.208, Table 208-2.
(3) Second floor or conversion. No additional setbacks are required for an existing structure that is converted to an accessory dwelling unit, an accessory dwelling unit constructed above an existing structure, or an accessory dwelling unit constructed in the same location and to the same dimensions as an existing structure.
(4) Front setback waiver. A requirement for a front setback must be waived if the front setback requirement precludes the construction of a new-construction accessory dwelling unit 800 square feet or smaller in size with minimum four-foot-side and -rear yard setbacks.
(G) Parking.
(1) On-site parking is not required for accessory dwelling units.
(2) When an existing covered parking space is eliminated in conjunction with the creation of an accessory dwelling unit, replacement parking is not required for the eliminated parking space.
(H) Historic review. New construction, exterior alterations or additions for an accessory dwelling unit on a property listed on the local Register of Historic Places shall comply with Eureka Municipal Code Chapter 157, except the following types of accessory dwelling units are exempt from historic preservation review:
(1) A new-construction, detached accessory dwelling unit not located between a historic building and the street;
(2) The conversion of an existing interior space or structure to an accessory dwelling unit where no exterior alterations are proposed (interior construction only); and
(3) A new-construction attached accessory dwelling unit that is not visible from the sidewalk, alley or street because it is blocked from view by permanent structures.
(I) Non-conformities. New construction, exterior alterations or additions for an accessory dwelling unit are not subject to § 155.424.030(B) (Required Compliance), and do not trigger the need to bring legally-established non-conforming site features, buildings, signs, uses and lots into compliance.
(J) Additional junior accessory dwelling unit requirements.
(1) The owner of the property must reside in either the remaining portion of the single-family residence or the junior accessory dwelling unit, except if the owner is a governmental agency, land trust or housing organization.
(2) A deed restriction must be filed including a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, and restricting the size and attributes of the junior accessory dwelling unit in conformance with Cal. Gov’t Code § 65852.22.
(Ord. 902 C.-S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)
If any portion of § 155.316 conflicts with Cal. Gov’t Code §§ 65852.2 or 65852.22, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state law.
(Ord. 951-C.S., passed 10-17-23)
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