A. Purpose: The purpose of these regulations is to expand the variety of housing opportunities in the Town by implementing State Government Code section 65852.2 as it pertains to accessory dwelling units. In doing so, it is the intent of these regulations to ensure that accessory dwelling units are located in areas where services are adequate to support them and to ensure that accessory dwelling units are maintained as compatible and integral part of the Town's Residential Zoning Districts.
B. Definitions:
ACCESSORY DWELLING UNIT OR ADU: Means an additional attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel that the single-family unit is located. The term "ADU" also includes an "efficiency unit" as defined in Health and Safety Code section 17958.1 and a "manufactured home" as defined in Health and Safety Code section 18007. Fire sprinklers are required when the primary dwelling unit is constructed with fire sprinklers.
EFFICIENCY UNIT: Means a dwelling unit having a living area of not less than one hundred fifty (150) square feet of total floor area and an additional space for a separate bathroom containing a water closet, lavatory, and bathtub or shower, for occupancy by no more than two (2) individuals. The unit shall be provided with a separate closet. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear work area of not less than thirty inches (30") in front. Light and ventilation conforming to the adopted Uniform Codes shall be provided. Fire sprinklers are required when the primary dwelling unit is constructed with fire sprinklers.
1. Kitchen Requirements: The efficiency unit shall include a food preparation area, requiring and limited to the following components:
a. A sink with a maximum waste line diameter of 1.5 inches;
b. A cooking facility with appliances that do not require electrical service greater than one hundred twenty (120) volts or natural or propane gas; and
c. A food preparation counter and storage cabinets which do not exceed six feet (6') in length.
PRIMARY DWELLING UNIT: Means the existing single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household.
C. Development Standards For Detached Accessory Dwelling Units And Attached Accessory Dwelling Units: Accessory dwelling units that are detached from the primary dwelling unit and accessory dwelling units that are created through an addition to the primary dwelling unit or an existing accessory structure must comply with the following development standards:
1. The proposed accessory dwelling unit shall be subject to the Town's development impact fees for single-family residential units.
2. Only one accessory dwelling unit shall be permitted on a lot. An accessory dwelling unit will only be permitted on a lot that contains an existing or proposed single-family primary dwelling unit.
3. The accessory dwelling unit shall not be sold or held under a different legal ownership than the primary residence; nor shall the lot containing the accessory dwelling unit be subdivided.
4. The total area of floor space for an attached accessory dwelling unit shall not exceed fifty percent (50%) of the habitable area of the primary residential unit, or twelve hundred (1,200) square feet, whichever is less. The total area of floor space for a detached accessory dwelling unit shall not exceed sixty percent (60%) of the habitable area of the primary residential unit, or twelve hundred (1,200) square feet, whichever is less. Notwithstanding the foregoing, an efficiency unit may be constructed in compliance with local development standards.
5. An accessory dwelling unit may only be permitted on a residential lot on which there is already one single-family dwelling (primary dwelling) or one is being constructed concurrently with the accessory dwelling unit.
6. A new accessory dwelling unit shall not be allowed on any residential lot already containing two (2) or more dwelling units, including dependent or guest housing.
7. The driveway serving the primary dwelling unit shall be used to serve the accessory dwelling unit whenever feasible.
8. The accessory dwelling unit may be metered separately from the main dwelling for gas, electricity, and water/sewer services.
9. The accessory dwelling unit shall be architecturally compatible with the design of the main dwelling and shall incorporate colors and materials that are complementary to the primary unit.
D. Parking Standards: An accessory dwelling unit shall comply with the following parking standards regardless of the zone district:
1. There shall be one off-street parking space for the accessory dwelling unit.
2. The parking space must be improved with a concrete pad or all-weather surface as approved by the building official. Any driveway leading to the parking stall may also be designed as an all-weather surface. If the property is located on a paved maintained road, paved access shall be provided to the accessory dwelling unit.
3. Off-street parking shall be provided in front of the accessory dwelling unit which may be in the rear yard setback area and/or through tandem parking, unless parking in these areas is not feasible based upon specific site, topographical or fire safety conditions.
4. If a garage or covered carport is demolished in conjunction with the construction of an accessory dwelling unit, replacement parking spaces must be provided. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
5. The standards described in this subsection D shall not apply in the following instances:
a. The accessory dwelling unit is located within one mile of public transit.
b. The accessory dwelling unit is located within a State or locally designated historic district.
c. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
d. When there is an approved "ride share" vehicle parking lot located within one block of the accessory dwelling unit.
e. The accessory dwelling unit is subject to the development standards in subsection E of this section.
E. Development Standards For Accessory Dwelling Units Located Within An Existing Single-Family Residence Or Accessory Structure:
1. An accessory dwelling unit that is contained entirely within the existing living space of a single-family residence or the existing square footage of an accessory structure must meet the following development standards:
a. The lot must be zoned for a one-family dwelling as a permitted use.
b. The accessory dwelling unit must have side and rear setbacks sufficient for fire safety.
c. The accessory dwelling unit must have independent exterior access from the primary existing single-family residence.
d. The property owner must occupy either the primary dwelling unit or the accessory dwelling unit.
(1) Parking: No additional off-street parking is required beyond that required for the main single-family dwelling.
F. Illegal Accessory Dwelling Units: This section shall not validate any existing nonconforming accessory dwelling unit. To convert a nonconforming accessory unit to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed accessory dwelling unit.
G. Dependent Housing Units: Those units approved under a special use permit for a dependent housing unit that do not meet these regulations shall be considered conforming. (Ord. 281, 11-6-2018)