Chapter 2

Division 2. Accessory Uses

9122.1 Accessory Dwelling Units.

A. Purpose and Intent. The purpose of this Section is to comply with Government Code Sections 65852.2 and 65852.22, which set standards for the development of accessory dwelling units and junior accessory dwelling units, and to implement the General Plan Housing Element, by increasing the supply of smaller and affordable housing units while ensuring that they remain compatible with existing neighborhoods.

B. Conformance. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this Section, subject to the Director’s determination, shall not be:

1. Deemed to be inconsistent with the General Plan or zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; or

2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located.

C. Permitting Procedures.

1. Any application for an accessory dwelling unit or junior accessory dwelling unit that meets the requirements of this Section shall be approved ministerially without discretionary review or public hearing.

2. Applications for accessory dwelling units and junior accessory dwelling units shall be processed within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.

3. Approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property. However, this does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

D. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any lot. Unless specified below, only one (1) category may be used per lot.

1. ADU or JADU Within Proposed or Existing Single-Unit Dwelling or Accessory Structure. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit are permitted on a lot with one (1) or more proposed or existing single-unit dwellings, if all of the following apply:

a. Either:

i. The accessory dwelling unit or junior accessory dwelling unit is proposed within the space of a proposed or existing single-unit dwelling (including an attached garage); or

ii. The accessory dwelling unit is proposed within the space of an existing accessory structure, plus an addition beyond the physical dimensions of the accessory structure of up to one hundred fifty (150) square feet. Further additions may also be made to the structure so long as the total size of the structure does not exceed the maximum size for a new-construction detached accessory dwelling unit that would otherwise be allowed on the same lot.

b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single-unit dwelling.

c. Side and rear setbacks comply with applicable provisions of Article III (Public Safety) and Article VIII (Building Regulations – Sewage and Waste) of this Code.

d. The junior accessory dwelling unit complies with the requirements in Government Code Section 65852.22.

2. Detached/Attached ADU on Lot With Single-Unit Dwelling. One (1) detached or one (1) attached, new construction accessory dwelling unit is permitted on a lot with one (1) or more proposed or existing single-unit dwellings. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (D)(1) of this Section.

3. Conversion of Existing Multi-Unit Dwelling. Multiple accessory dwelling units are permitted on lots with existing multi-unit dwellings subject to the following:

a. The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi-unit dwellings on the lot. To calculate the number of allowable accessory dwelling units, the following shall apply:

i. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and

ii. For the purposes of this Section, multi-unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels.

b. The portion of the existing multi-unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. However, amenities within common areas such as recreation rooms, outdoor space or any space previously designed to meet common area requirements shall not be converted to accessory dwelling units.

4. Detached ADU on Multi-Unit Lot. Up to two (2) detached, new construction accessory dwelling units are be permitted on a lot that has an existing multi-unit dwelling. For the purposes of this Section, multi-unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels.

5. Notwithstanding any other provision in this Section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 9210.7.

E. Development Standards. Except as modified by this subsection, accessory dwelling units and junior accessory dwelling units shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Article IX (Planning and Zoning), including but not limited to height, setback, site coverage, and residential development standards and design criteria.

1. Minimum Lot Area. There shall be no minimum lot area required to establish an accessory dwelling unit and/or junior accessory dwelling unit.

2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:

a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback.

b. For replacement of an existing enclosed structure, garage, or carport, no setback is required beyond the existing setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure’s dimensions.

c. Newly constructed accessory dwelling units shall provide a minimum setback of four (4) feet from all side property lines and rear property lines.

3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories (garage with one (1) story above) and the maximum allowable height of the underlying zoning district.

4. Unit Size.

a. The maximum size of a detached accessory dwelling unit is one thousand two hundred (1,200) square feet.

b. The maximum size of an attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one (1) bedroom unit and one thousand (1,000) square feet for a unit with more than one (1) bedroom, or fifty (50) percent of the floor area of the existing primary dwelling, whichever is smaller.

c. The size limitations set forth in subsections (E)(4)(a) and (E)(4)(b) of this Section shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure.

d. Application of other development standards may further limit the size of the accessory dwelling unit beyond the limits established in subsection (E)(4)(a) of this Section, but in no case shall open space, site coverage, or floor area ratio requirements, including the requirement in subsection (E)(4)(b) of this Section, reduce the permitted size of a detached or attached accessory dwelling unit to less than eight hundred (800) square feet.

e. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.

f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit, as defined in Health and Safety Code Section 17958.1.

5. Design. Accessory dwelling units and junior accessory dwelling units shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials.

6. Required Facilities.

a. Accessory dwelling units shall include complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.

b. Junior accessory dwelling units shall include living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.

7. Fire Sprinklers. Accessory dwelling units and junior accessory dwelling units shall not require fire sprinklers if fire sprinklers are not required for the principal residence.

8. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit. For the purposes of this Section, “passageway” means a pathway that is unobstructed clear to the sky and extends from the street to one (1) entrance of the accessory dwelling unit.

9. Parking. Parking shall comply with the requirements of Section 9162.21 (Parking Spaces Required) except as modified below:

a. No additional parking shall be required for junior accessory dwelling units.

b. A maximum of one (1) parking space shall be required for each accessory dwelling unit.

c. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet.

d. No additional parking shall be required for:

i. Accessory dwelling units that are part of the proposed or existing principal residence or accessory structure;

ii. Accessory dwelling units located within one-half (1/2) mile walking distance of public transit. For the purposes of this Section, “public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public;

iii. Accessory dwelling units located within an architecturally and historically significant historic district;

iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

v. When there is a car-share vehicle located within one (1) block of the accessory dwelling unit.

e. No Replacement Parking Necessary for ADUs. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. However, off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a junior accessory dwelling unit or is converted to a junior accessory dwelling unit.

10. Separate Entrance. Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence.

F. Utility Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home.

G. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.

1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but, except as provided in Government Code Section 65852.26, no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-unit dwelling) or from the lot and all the dwellings (in the case of a multi-unit dwelling).

2. Short-Term Lodging. Accessory dwelling units and junior accessory dwelling units shall not be rented for periods of thirty (30) days or less.

3. Owner Occupancy for Junior Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person’s legal domicile and permanent residence. However, this owner occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

H. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute a deed restriction, the form and content of which is satisfactory to the City Attorney. The City will record the deed restriction on the property with the County Recorder’s Office, and the property owner shall pay all recording costs. The deed restriction shall notify future owners of the prohibition on separate conveyance, the restriction on short-term rentals, the approved size and attributes of the unit, and the owner occupancy requirements, if applicable. For junior accessory dwelling units, the deed restriction shall also include a restriction on the size and attributes of the unit that conforms with Government Code Section 65852.22. The deed restriction shall run with the land and remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot.

I. Historic Resources. Accessory dwelling units and junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. (Ord. 22-2211, § 4)

9122.2 Outbuildings and Outdoor Uses.

Accessory structures (outdoor buildings) shall not exceed five hundred (500) square feet of lot coverage. Accessory structures (outdoor buildings) exceeding five hundred (500) square feet of lot coverage shall be subject to a conditional use permit. This Section does not apply to accessory dwelling units. (Ord. 22-2211, § 5)

9122.3 Animal Keeping.

(See also Animal Control Ordinance: Chapter 3 of Article III of the Carson Municipal Code)

The occupants of each dwelling unit or group quarters are permitted to keep only the following types of animals, for their personal use only, with the number of animals limited as indicated:

Cats and dogs, but not more than a total, in any combination of three (3) such animals over four (4) months of age.

Any number of tropical fish (no caribe).

Not more than 20 white mice and rats.

Not more than a total of three (3) of the following, in any combination:

Canaries

Chinchillas

Chipmunks

Finches

Gopher snakes

Guinea pigs

Hamsters

Hawks

King snakes

Marmoset monkeys

Mynah birds

Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, lovebirds, macaws, and similar birds of the psittacine family

Pigeons

Rabbits

Ravens

Squirrel monkeys

Steppe legal eagles

Swans

Toucans

Turtles

White doves

Other similar animals, subject to the same numerical limitations, which are neither more obnoxious nor detrimental to the public welfare than the animals listed, shall be permitted. Large animals or livestock such as horses, cows, sheep, goats, pigs, hogs and fowl such as chickens, turkeys, peacocks, guineas, geese and ducks, are not permitted. (Interpretation of this provision to be in accordance with CMC 9172.24.)

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 6)

9122.4 Home Occupation.

Subject to the provisions of CMC 9128.4, home occupations may be conducted by the occupants of a dwelling as such term is defined in CMC 9191.202.

9122.5 Child Day Care.

Day care for children may be provided as an accessory use in connection with each dwelling unit, subject to the following limits:

Single-family dwelling: not more than six (6) children exclusive of the children of the resident family; with an assistant caregiver present, not more than twelve (12) children, including children of the resident family and of the assistant caregiver.

Multiple dwelling unit: not more than three (3) children including children of the resident family. (Ord. 82-594, § 1)

9122.6 Sale of Produce in RA Zone.

In connection with a permitted agricultural use in the RA Zone, wholesale trade (but no retail sales) of the products raised on the premises may be conducted. No advertising signs are permitted.

9122.7 Motor Vehicle Repair and Service.

Minor repair and service of a motor vehicle as defined in CMC 9191.406 is permitted as an accessory use in conjunction with a dwelling unit, subject to the following limitations:

A. All minor repair and service activities, as defined in CMC 9138.11(A)(4), and minor upholstery repair may be performed on a motor vehicle if conducted within an enclosed garage or in any carport, side or rear yard which is screened from public view.

B. Minor repair and service activities performed on a driveway, in a carport, or other legally paved surface on private property, and visible from the public right-of-way, shall be limited to the following:

1. Washing, cleaning, and polishing of a motor vehicle.

2. Adding or changing fluids such as brake fluid, window washing fluid, oil, water, etc.

3. Changing or replacing wiper blades, head/tail lamps, fuses, flat tires, timing, spark plugs, radiator cap, filters, brakes, and batteries and similar activities.

All minor repairs and services may only be performed on motor vehicles owned by and registered to the occupants of the dwelling or their invitees.

No repair or service work shall involve repetitive testing of an operating engine.

Not more than one (1) motor vehicle, as viewed from a public right-of-way, may be repaired at any one (1) point in time.

No repair or service work shall be performed on any motor vehicle where such work results in any loud, unusual or penetrating noise which is disturbing, obnoxious, discomforting, or annoying to a reasonable person of normal sensitiveness residing in the area. (Added by Ord. 93-1017, § 1)

9122.8 Reserved.

Repealed by Ord. 22-2211. (Ord. 03-1290, § 1)

9122.9 Sex Offender Residency Restrictions.

Permanent and temporary residence for a sex offender is permitted as an accessory use to a mobilehome or dwelling subject to the provisions of Chapter 15 of Article IV and CMC 9182.31. (Ord. 08-1413U, § 2; Ord. 08-1414U, § 3; Ord. 08‑1413, § 2)