§ 84.01.060  Accessory Dwelling Units and Junior Accessory Dwelling Units.
   (a)   General Provision.  Accessory dwelling units and junior accessory dwelling units shall comply with all provisions of this Chapter as well as the underlying zoning district.
   (b)   Location Criteria.  Accessory dwelling units and junior accessory dwelling units shall be permitted where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) of this Code and on any lot that contains a proposed or an existing dwelling.  Accessory dwelling units and junior accessory dwelling units shall not be permitted in those areas where a development moratorium has been imposed, including a moratorium for water or sewer connection, whether imposed by the County or another public agency.
   (c)   Common Ownership and Rental Terms.  Accessory dwelling units and junior accessory dwelling units are not intended for sale separate from the primary dwelling but may be rented separately from the primary dwelling in all regions of the County for a term longer than 30 days, or in the Mountain and Desert Regions for a term less than 30 days provided the short-term rental complies with Chapter 84.28 (Short-Term Residential Rentals) of this Code and is not a unit constructed pursuant to Subdivision (g), below.
   (d)   Types of Units.
      (1)   Attached Unit.  An accessory dwelling unit may either be attached to, or located within, the proposed or existing primary dwelling or an accessory structure, including a garage, storage area or other similar use.  A junior accessory dwelling unit shall be located entirely within a proposed or existing primary dwelling or accessory dwelling unit. Attached units may have a separate entrance or share a common entrance with the primary dwelling.
      (2)   Detached Unit.  An accessory dwelling unit may be detached from the proposed or existing primary dwelling.  The detached accessory dwelling unit shall be considered the primary unit if it is a larger size than the primary dwelling.
   (e)   Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units. The development standards for an accessory dwelling unit and junior accessory dwelling unit shall comply with the following additional requirements:
      (1)   Except as otherwise provided in this Chapter, accessory dwelling units and junior accessory dwelling units shall comply with all development standards of the land use zoning designation in which the lot is located.
      (2)   Written confirmation from the sewer district having jurisdiction of the availability of sewer service for the accessory dwelling unit or written approval from the Division of Environmental Health Services for use on an existing or new septic system shall be obtained.  Holding tanks shall not be permitted for accessory dwelling units.
      (3)   Written confirmation from the water district having jurisdiction of the availability of water service for the accessory dwelling unit or written approval from the Division of Environmental Health Services for use of an existing or new well shall be obtained.
      (4)   In addition to the requirements of §84.01.020 (General Development Standards), the minimum accessory dwelling unit size will be determined by the current edition of the California Residential Code or as certified by California Department of Housing and Community Development.  In no event shall the minimum square footage for either an attached or detached accessory dwelling unit prohibit an efficiency unit as defined in §17958.1 of the Health and Safety Code.
      (5)   Approval for setbacks from the applicable Fire Department shall be required prior to the issuance of a building permit for an accessory dwelling unit.
      (6)   Approval for site drainage, egress, and exit requirements from the Building and Safety Division shall be required prior to the issuance of a building permit for an accessory dwelling unit.
   (f)   Development Standard Exemptions.  An accessory dwelling unit and junior accessory dwelling unit are exempt from the following development standards:
      (1)   Lot Coverage.  Lot coverage requirements shall not preclude the construction of either an attached or detached accessory dwelling unit that is at least 800 square feet in size.
      (2)   Setbacks.
         (A)   No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit or junior accessory dwelling unit.
         (B)   A setback of more than four feet for rear and interior side yards shall be required for an accessory dwelling unit not otherwise constructed in accordance with Subparagraph (A), above.
      (3)   Fire Sprinklers.  Accessory dwelling units and junior accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary dwelling.
      (4)   Utility Connections.  Unless an accessory dwelling unit is constructed with a new single-family dwelling, an applicant is not required to install new or separate utility connections and shall not be subject to separate utility connection fee or capacity charge for an accessory dwelling unit described in Paragraph (1) of Subdivision (g), below.
      (5)   Parking.  The parking requirements for accessory dwelling units, as set forth in Chapter 83.11 (Parking and Loading Standards) of this Code, shall not apply in any of the following instances:
         (A)   The unit is considered a junior accessory dwelling unit.
         (B)   The accessory dwelling unit is located within one-half mile walking distance of public transit.
         (C)   The accessory dwelling unit is located within an architecturally and historically significant historic district.
         (D)   The accessory dwelling unit is part of the proposed or existing primary residence or a converted accessory structure.
         (E)   When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
         (F)   When a car share vehicle is located within one block of the accessory dwelling unit.
         (G)   When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted into an accessory dwelling unit, the off-street covered parking does not need to be replaced.
   (g)   By-Right Permitting Exemptions.  Notwithstanding anything to the contrary, an application for a building permit for a use authorized by Division 2 (Land Use Zoning Districts and Allowed Land Uses) of this Code shall be approved to create any of the following:
      (1)   One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
         (A)   The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure.  An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
         (B)   The space has exterior access from the proposed or existing single-family dwelling.
         (C)   The side and rear setbacks are sufficient for fire and safety.
         (D)   The junior accessory dwelling unit, if applicable, complies with the requirements of §65852.22 of the Government Code.
      (2)   One detached, new construction, accessory dwelling unit that does not exceed four-foot rear and interior side setbacks for a lot with a proposed or existing single-family dwelling, provided the total floor area is not more than 800 square feet and a height of no more than 16 feet.  The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Paragraph (1) of this Subdivision.
      (3)   Multiple accessory dwelling units within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.  The County shall allow at least one accessory dwelling unit and a maximum of 25 percent of the existing multifamily dwelling units.
      (4)   Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear and interior side setbacks.
(Ord. 4383, passed - -2020)