Accessory dwelling units shall comply with the requirements of this section.
(A) For the purposes of this chapter, the following definitions shall apply:
ACCESSORY DWELLING UNIT. An attached or detached dwelling unit that provides complete independent living facilities on the same parcel as a legal single family residence, including permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit may be located within the living space of an existing primary single-family residence, may be an efficiency dwelling as defined in § 17958.1 of the Cal. Health and Safety Code, and may be a manufactured home, as defined in § 18007 of the Cal. Health and Safety Code. Accessory dwelling units are not accessory uses as defined in this section.
JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure, and utilizing an existing bedroom, and containing an efficiency kitchen. A JUNIOR ACCESSORY DWELLING UNIT may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(B) Purpose. The provisions of this section are intended to set standards, in compliance with Cal. Gov’t Code §§ 65582.1, 65852.2, and 65852.22, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this chapter to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.
(C) General requirements. An accessory dwelling unit:
(1) May be located on any R (Residential) Zone District lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwelling;
(2) May be located on any PD (Planned Development) Zone District lot wherein a Precise Plan allowing for the construction of accessory dwelling units has been approved. In all cases, the Precise Plan shall provide that only one accessory dwelling unit shall be permitted per parcel;
(3) Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan's principles, goals and policies.
(4) Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
(5) Shall not be used for rentals with terms of less than 30 days.
(6) Shall not be sold separate from the primary residence.
(D) Permit requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
(E) Application and processing requirements.
(1) Step one-submittal. An application for a Zoning Administrator Permit to allow for an accessory dwelling unit shall be submitted to the Planning Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a Zoning Administrator Permit to allow for an accessory dwelling unit shall include all of the following (except as noted in subsection (1)(i) below):
(a) Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
(b) Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.
(c) Elevations. Architectural elevations of each side of the proposed structure showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch.
(d) Materials and color board. A materials and color board for the existing residence and the proposed second dwelling unit.
(e) Cross sections. Building cross sections including structural wall elements, roof, foundation, fireplace and any other sections necessary to illustrate earth-to-wood clearances and floor to ceiling heights.
(f) Photographs. Color photographs of the site and adjacent properties, taken from each property line of the site, to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of each photograph.
(g) Deed restrictions. Deed restrictions completed, signed and ready for recordation.
(h) Fee. A fee corresponding to the fee for a Zoning Administrator Permit shall be paid at time of submittal.
(i) Applications for accessory dwelling units which do not modify a building's exterior are not required to submit (c), (d), or (f) above.
(2) Step two-decision. The Department shall act on the application for Zoning Administrator Permit to allow for an accessory dwelling unit within 120 days of submittal of a complete application. The Zoning Administrator Permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this section.
(3) Utility connection fees.
(a) Except as provided in subsection (3)(b), a separate new utility connection and payment of a connection fee or capacity charge pursuant to state law and city fee schedule will be required for any new accessory dwelling unit.
(b) No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single family residence or permitted accessory structure constructed as habitable space.
(F) Development standards. A Zoning Administrator Permit to allow for an accessory dwelling unit shall be issued only if the unit complies with the following development standards:
(1) Setbacks.
(a) R (Residential) Zone District. An accessory dwelling unit shall comply with the setback requirements of the applicable residential zoning district for the primary dwelling, except as follows:
1. A new detached single-story accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of five feet, an interior side setback of five feet, and a corner side setback of 15 feet.
2. A new detached two-story accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of 15 feet, an interior side yard setback of five feet for a one-story portion, and ten feet for a two-story portion, and a corner side yard setback of 15 feet.
3. An accessory dwelling unit that is fully contained within the existing space of a single-family residence or within an approved accessory structure and has independent exterior access from the existing residence or structure shall adhere to the setback requirements of the residential zone it is located within.
4. No portion of an attached or detached accessory dwelling unit shall be closer than ten feet to a primary dwelling on an adjacent lot.
5. A setback of no less than five feet from the side and rear property lines is required for any accessory dwelling unit. No existing nonconforming structures built within less than five feet of any property line may be converted to an accessory dwelling unit.
6. A detached accessory dwelling unit shall always be located within 100 feet of the primary dwelling, but never closer to the primary dwelling than permitted by the California Building Code.
(b) PD (Planned Development) Zone District. An accessory dwelling unit shall comply with the setback requirements as defined within the approved Precise Plan applicable to the primary dwelling.
(2) Maximum floor area.
(a) New detached unit. No newly constructed detached accessory dwelling unit may contain floor area in excess of 1,200 square feet.
(b) New attached unit. No newly constructed attached accessory dwelling unit may contain floor area in excess of 50% of the existing residential square footage or 1,200 square feet, whichever is less.
(c) Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing single family dwelling shall not occupy more than 45% of the existing floor area of the residence, excluding the garage, nor shall it exceed 1,200 square feet, or a maximum of 1,200 square feet for detached accessory structures.
(3) Height limit. A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet. A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet.
(4) Open space. An accessory dwelling unit shall provide an additional 500 square feet of open space, in addition to the open space requirements of the primary residential dwelling on the parcel.
(5) Architectural compatibility. If visible from a public street, an accessory dwelling unit shall incorporate the same or substantially similar architectural features, building materials and colors as the main dwelling unit and/or compatible dwellings located on adjacent properties.
(6) Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.
(7) Existing development. A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.
(8) Number per lot. A maximum of one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any lot.
(9) Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:
(a) The accessory dwelling unit is 750 square feet or less in area.
(b) The accessory dwelling unit is located within one-half mile of public transit.
(c) The accessory dwelling unit is located within a historic preservation district.
(d) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(e) When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
(f) When there is a car share vehicle located within one block of the accessory dwelling unit.
(g) To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle or its location within a historic preservation district, or proof of local parking permit requirements.
(h) If a garage, carport, or covered parking is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking spaces must be provided in any configuration on the lot, including as uncovered, compact, tandem parking and within a setback area.
(10) Deed restrictions. Prior to occupancy of an accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
(a) The accessory dwelling unit shall not be sold separately from the single family residence;
(b) The accessory dwelling unit shall not exceed 1200 square feet and shall comply with the development standards in subsection (E);
(c) The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and
(d) The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the accessory dwelling unit and may result in legal action against the property owner.
(e) The developer of a subdivision that includes accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with an accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction.
(G) Junior accessory unit. The following provisions are intended to set standards, in compliance with Cal. Gov’t Code § 65852.22, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.
(1) General requirements. A junior accessory dwelling unit:
(a) May be located on any R (Residential) Zone District lot that allows single-family or multi-family dwellings and that contains only one single-family detached dwelling. Only one junior accessory dwelling unit and one standard accessory dwelling unit shall be permitted per parcel;
(b) May be located on any PD (Planned Development) Zone District lot wherein a Precise Plan allowing for the construction of junior accessory dwelling units has been approved. In all cases, the Precise Plan shall provide that only one junior accessory dwelling unit shall be permitted per parcel;
(c) Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan's principles, goals and policies.
(d) Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
(e) Shall not be used for rentals with terms of less than 30 days.
(f) Shall not be sold separate from the primary residence.
(2) Permit requirements. An application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
(3) Application and processing requirements.
(a) Step one-submittal. The application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be submitted to the Planning Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit shall include all of the following:
1. Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
2. Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.
3. Deed restrictions. Deed restrictions completed, signed and ready for recordation.
4. Fee. A fee corresponding to the fee for a Zoning Administrator Permit shall be paid at time of submittal.
(b) Step two-decision. The Department shall act on an application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit within 120 days of submittal of a complete application. A Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this section.
(c) Utility connection fees. No new or separate utility connection and no connection fee for water, sewer, or power is required for a junior accessory dwelling unit.
(4) Development standards. A Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards:
(a) Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area.
(b) Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing single-family dwelling and shall utilize one of the existing bedrooms.
(c) Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen with the minimum criteria:
1. A sink with a maximum waste line diameter of 1.5 inches.
2. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.
3. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(d) Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling.
(e) Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling, and an interior entry into the main living area. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
(f) Parking. Off-street parking shall not be required for junior accessory dwelling units that meet the development standards.
(5) Deed restrictions. Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
(a) The junior accessory dwelling unit shall not be sold separately from the single-family residence;
(b) The junior accessory dwelling unit shall not exceed 500 square feet and shall comply with the development standards in subsection (F);
(c) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence or the junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and
(d) The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the junior accessory dwelling unit and may result in legal action against the property owner.
(e) The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction.
(Ord. 607 C.S., passed 12-15-93; Am. Ord. 752 C.S., passed 5-21-03; Am. Ord. 949, C.S., passed 12-6-17)