§ 153.325  GENERAL PROVISIONS; CONDITIONS.
   (A)   Location. Accessory dwelling units may be permitted in any residential zone where it is demonstrated through site plan review compliance the established criteria for accessory dwelling units is met. Division (B) of this section shall be submitted by the applicant and reviewed by the Development Services Department. The Community Development Director shall approve the accessory dwelling unit site plan review where the established criteria are met within 120 days of application date.
   (B)   Criteria. The accessory dwelling unit may be established upon meeting the following criteria and approval of an accessory dwelling unit site plan application:
      (1)   To submit an accessory dwelling unit site plan application, the existing single-family residential unit shall be owner occupied at time of submittal.
      (2)   The accessory dwelling unit is not intended for sale and may be rented.
      (3)   The accessory dwelling unit shall be in compliance with applicable building, fire and other health and safety codes. Fire sprinklers shall not be required for an accessory dwelling unit if sprinklers are not required for the primary unit.
      (4)   The accessory dwelling unit shall be in compliance with underlying zoning requirements and regulations, except as may be provided in this chapter. Accessory dwelling units do not count towards density requirements.
      (5)   The accessory dwelling unit can be attached to the existing dwelling, located within the living area of the existing dwelling, or detached from the existing dwelling. The total living area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. Any increase in the floor area of an attached accessory dwelling unit shall not exceed 50% of the existing living area or 1,200 square feet, whichever is less. No passageway shall be required between the primary and the detached units.
      (6)   Water and sewer services must be adequate to serve the accessory dwelling unit. New detached accessory dwelling units and the expansion of existing homes to accommodate a new accessory dwelling unit shall require a new and/or separate utility connection, and may be subject to a connection fee and capacity charge.
      (7)   The accessory dwelling unit shall not exceed two stories or 35 feet.
      (8)   An accessory dwelling unit may be permitted on residential lots where there exists a single-family residential unit and there shall be no more than one accessory dwelling unit per lot. An accessory unit shall not be constructed without a primary residential unit (i.e. on a vacant lot).
      (9)   Off-street parking requirement for the accessory dwelling unit shall not exceed one parking space per unit if an efficiency or per bedroom.
         (a)   Off-street parking may be enclosed, covered or uncovered.
         (b)   No setback shall be required to convert (not expand) an existing garage.
         (c)   Setbacks of no more than five feet from the rear and side lot lines shall be required for accessory dwelling units constructed above a garage. This requirement shall be in addition to the off-street parking spaces required for the existing zone district.
      (10)   The accessory dwelling unit shall be clearly subordinate to the principle single-family dwelling unit on the lot.
      (11)   Addresses for accessory dwelling units shall be shown prominently on the frontage of the unit. Frontage should be located facing a street or an alleyway and/or have a well-defined entry area.
      (12)   An accessory dwelling unit site plan application shall include the following:
         (a)   Elevation plan of the existing and proposed unit(s) on the project property;
         (b)   A vicinity map showing all existing structures on adjacent properties;
         (c)   Lot coverage - not to exceed 50%;
         (d)   Vehicular and pedestrian access to the accessory dwelling unit and the relationship with the existing single-family dwelling;
         (e)   The accessory dwelling unit shall be of the same color, materials, and architectural design as the existing and shall avoid impacts to historical properties;
         (f)   Payment of a site plan approval fee as established by City Council resolution;
         (g)   Common open space and/private open space; and
         (h)   Drought tolerant landscape plans.
   (C)   Definitions. As used in this section, the following terms mean:
      (1)   LIVING AREA. The interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
      (2)   LOCAL AGENCY. A city, county, or city and county, whether general law or chartered.
      (3)   For purposes of this section, NEIGHBORHOOD has the same meaning as set forth in Cal. Gov't Code § 65589.5.
      (4)   ACCESSORY DWELLING UNIT. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. For purposes of this section, a single family home or accessory structure shall be considered “existing” if a final certificate of occupancy was issued prior to January 1, 2017. An accessory dwelling unit also includes the following:
         (a)   An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.
         (b)   A manufactured home, as defined in Cal. Health and Safety Code § 18007.
         (c)   “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(`67 Code, § 10-21-01)  (Ord. 97-03, passed 1-27-97; Am. Ord. 2003-014, passed 11-10-03; Am. Ord. 2017-010, passed 10-24-17)
Statutory reference:
   Second residential units, see Cal. Gov't Code § 65852.2