(A) Intent. In enacting this section, it is the intent of the city to encourage the provision of junior accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Junior accessory dwelling units provide housing for at below market prices within existing neighborhoods. Homeowners who create junior accessory dwelling units can benefit from added income, and an increased sense of security. Allowing junior accessory dwelling units in single-family residential zones provides needed additional rental housing. This section provides the requirements for the establishment of junior accessory dwelling units consistent with Cal. Government Code § 65852.22.
(B) Administrative review. All junior accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon receipt of a completed application complying with the standards and criteria provided in this section. If an application for a junior accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the junior accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, the city shall grant a delay and the 60-day period will be tolled for the period of the requested delay.
(C) Junior accessory dwelling unit standards. The following standards and criteria shall apply to the creation of a junior accessory dwelling unit:
(1) Number Allowed. A maximum of one junior accessory dwelling unit shall be permitted per residential lot containing an existing or proposed single-family dwelling. Junior accessory dwelling units do not count towards the density requirements of the general plan or zoning ordinance.
(2) Owner occupancy. The property owner shall occupy either the main single-family dwelling or the junior accessory dwelling unit.
(3) Tenure. The junior accessory dwelling unit or the main single-family dwelling may be rented, provided the rental term is at least 31 days or more, but the junior accessory dwelling unit shall not be sold or owned separately from the single-family dwelling
(4) Allowable location. The junior accessory dwelling unit must be created within the existing walls of an existing single-family dwelling, which includes an attached garage.
(5) Size. The junior accessory dwelling unit shall not exceed 500 square feet in size.
(6) Entrance. The junior accessory dwelling unit shall include a separate exterior entrance from the main entrance to the single-family home. An interior entry to the main living area shall be required if the junior accessory dwelling unit shares sanitary facilities with the single-family home. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
(7) Kitchen required. The junior accessory dwelling unit shall include a food preparation area, requiring and limited to the following components:
(a) An area used for cooking, with kitchen appliance; and
(b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling.
(8) Parking. No additional off-street parking is required beyond that required for the main single-family dwelling.
(9) Utility service. A separate water connection or meter, and a separate sewer service connection are not required for a junior accessory dwelling unit. Water and sewer service for the junior accessory dwelling unit is shared with the main single-family dwelling unit.
(10) Applicable codes. The junior accessory dwelling unit shall comply with all applicable building standards and shall be subject to permit and inspection fees to ensure such compliance. Fire sprinklers shall be required if
they are required in the existing or proposed single-family residence.
(11) Regulations and connection fees. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(12) Deed restriction. Prior to obtaining a building permit for the junior accessory dwelling unit, a deed restriction, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.
(D) Enforcement. The city shall not require the correction of a nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affect by the construction of the junior accessory dwelling unit in the approval of a junior accessory dwelling unit.
(Ord. 1084, passed 3-23-17; Am. Ord. 1110, passed 6-25-20; Am. Ord. 1134, passed 1-23-24)