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Chapter 8.80
ACCESSORY DWELLING UNIT REGULATIONS

8.80.010 Purpose.

The purpose of this Chapter is to implement Government Code Sections 65852.2 and 65852.22 by allowing the creation of accessory dwelling units and junior accessory dwelling units through ministerial review, subject to meeting the requirements of this Chapter. Rev. Ord. 17-20 (November 2020); Ord. 9-03 (July 2003)

8.80.020 Permitting Procedures.

If there is an existing residence on a lot, an application for an accessory dwelling unit or junior accessory dwelling unit shall be subject to ministerial building permit review and approval within 60 days of submission of a complete application. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new residence on a lot, the application for the accessory dwelling unit may not be acted upon until the permit application to create the new residence is approved. Rev. Ord. 17-20 (November 2020); Ord. 9-03 (July 2003). Formerly 8.80.030

8.80.030 Accessory Dwelling Units.

A building permit for an accessory dwelling unit will only be issued if it complies with the following development standards and regulations:

A.    Location Permitted. An accessory dwelling unit may be permitted on a lot with an existing or proposed single-family use or multifamily use in the A, R-1, R-2, R-M, and C-1 zoning districts and in a Planned Development zoning district. Any PD development regulations that are more restrictive than this Chapter shall be superseded by this Chapter.

B.    Maximum Number of Units and Density.

1.    For lots with a single-family residence, there shall be a maximum of one (1) accessory dwelling unit. A detached accessory dwelling unit may be combined with a junior accessory dwelling unit that is consistent with Section 8.80.040.

2.    For lots with a multifamily residence, there shall be:

a.    A maximum of two (2) detached accessory dwelling units; and

b.    Within a multifamily structure, a minimum of one (1) accessory dwelling unit is permitted. The maximum number of accessory dwelling units shall not exceed 25% of the number of legally established dwelling units within the existing multifamily structure. The accessory dwelling unit is limited to nonhabitable portions of the existing multifamily structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, and garages.

3.    Accessory dwelling units shall be exempted from the calculation of the maximum allowable density for the lot on which it is located.

C.    Unit Size. The total floor area of an attached or detached accessory dwelling unit shall not exceed 1,200 square feet. However, in no case shall an attached accessory dwelling unit exceed 50% of the existing principal residence. An accessory dwelling unit shall be a minimum of 150 square feet or the size necessary to accommodate an efficiency unit as defined by Health and Safety Code Sections 17958.1 and 18007, whichever is greater.

D.    Setbacks.

1.    No setback shall be required for an existing 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, plus up to one hundred fifty (150) square feet of additional floor area if limited to accommodating ingress and egress and if the setbacks for the additional floor area are sufficient for fire and safety.

2.    For all other structures, a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit. Accessory dwelling units are not permitted within an established front yard setback.

3.    If the accessory dwelling unit is detached from the principal residence on the site, the distance between the structures shall be determined by Chapter 7.34, Residential Code.

E.    Height. A detached accessory dwelling unit shall not exceed 16 feet in height. The maximum height for an attached accessory dwelling unit shall conform to the height requirements of the zoning district where the lot is located.

F.    Parking. An accessory dwelling unit shall be provided with one (1) off-street parking space per unit or per bedroom, whichever is less (if the accessory dwelling unit is a studio, then no space is required). If a space is required, it shall be provided in accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading Regulations, except that the space may be compact, may be uncovered, and may be in tandem with the required parking of the principal dwelling unit. The accessory dwelling unit parking shall be in addition to parking required for the principal residence except that replacement of the off-street parking spaces for the dwelling unit is not required when the accessory dwelling unit is created through the conversion of a garage, carport, or covered parking structure. The off-street parking space is not required in any of the following instances:

1.    The accessory dwelling unit is located within one-half mile walking distance of a public transit stop.

2.    The accessory dwelling unit is located within an architecturally and historically significant historic district.

3.    The accessory dwelling unit is within the proposed or existing principal residence or accessory structure.

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

5.    When there is a car share vehicle located within one block of the accessory dwelling unit.

G.    Entrance. An accessory dwelling unit shall require a separate entrance from the main entrance to the proposed or existing principal residence. An exterior stairway proposed to serve an accessory dwelling unit on a second story or higher shall not be visible from the front public right-of-way.

H.    Balconies/Decks. Accessory dwelling units shall not have balconies on an elevation directly facing a side lot line. Allowed balconies shall be located a minimum of 10 feet from side and rear property lines. Accessory dwelling units shall not contain rooftop terraces/rooftop decks.

I.    Public Utilities and Services. Accessory dwelling units shall be served by public water and sewer and shall have access to an improved public street.

J.    Design Compatibility. The accessory dwelling unit shall incorporate the same or similar design features, building materials, colors, and landscaping as the principal residence.

K.    Lot Coverage. The principal residence and accessory dwelling unit combined shall not cover more than 60% of the lot.

L.    Exemptions. The unit size standard for an attached accessory dwelling unit in subsection C of this section, and the maximum lot coverage standard in subsection K of this section, shall be waived in the amounts necessary to accommodate an accessory dwelling unit with a gross floor area of up to 800 square feet.

M.    Occupancy. Owner-occupancy shall not be required.

N.    Ownership. The accessory dwelling unit shall not be sold or conveyed separately from the principal residence to a qualified buyer except if all of the provisions of Government Code Section 65852.26 are met.

O.    No Short-Term Rental. Accessory dwelling units shall not be rented for terms of 30 days or less. Rev. Ord. 17-20 (November 2020); Ord. 1-17 (February 2017); Ord. 9-03 (July 2003). Formerly 8.80.040

8.80.040 Junior Accessory Dwelling Units.

A building permit for a junior accessory dwelling unit will only be issued if it complies with the following development standards and regulations:

A.    Location Permitted. A junior accessory dwelling unit may be permitted on a parcel with an existing or proposed single-family use in the A, R-1, R-2, and R-M zoning districts and in a Planned Development zoning district. Any PD development regulations that are more restrictive than this Chapter shall be superseded by this Chapter and shall be subject to the requirements of this Chapter.

B.    Relationship to Principal Use. The junior accessory dwelling unit shall be located entirely within the walls of a proposed or existing single-family residence, including an attached garage.

C.    Maximum Number of Units and Density. There shall be a maximum of one junior accessory dwelling unit per lot. A junior accessory dwelling unit may be in addition to a detached accessory dwelling unit that is consistent with Section 8.80.030.B.1. A junior accessory dwelling unit shall be exempted from the calculation of the maximum allowable density for the lot on which it is located.

D.    Unit Size. The total floor area of a junior accessory dwelling unit shall not be more than 500 square feet, excluding any shared sanitation facility within the principal single-family residence.

E.    Parking. No off-street parking is required for junior accessory dwelling units. However, if parking is provided, the parking space shall comply with the requirements of Chapter 8.76, Off-Street Parking and Loading Regulations, except that the space may be compact, may be uncovered, and may be in tandem with the required parking of the principal single-family residence.

F.    Entrance. A junior accessory dwelling unit shall require a separate entrance from the main entrance of the proposed or existing single-family residence. An exterior stairway proposed to serve a junior accessory dwelling unit on a second story or higher shall not be visible from the front public right-of-way.

G.    Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following:

1.    A cooking facility with appliances;

2.    A food preparation counter; and

3.    Storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

H.    Occupancy and Ownership.

1.    Owner-occupancy in the residence is required. The owner of the lot may occupy either the principal single-family residence or the junior accessory dwelling unit, unless the owner is another governmental agency, land trust or housing organization.

2.    A junior accessory dwelling unit shall not be sold or otherwise conveyed separately from the principal single-family residence.

3.    A deed restriction, which shall run with the land, shall be filed with the building permit application and include the following:

a.    Prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b.    A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Government Code Section 65862.22.

I.    No Short-Term Rental. Junior accessory dwelling units shall not be rented for terms of 30 days or less. Ord. 17-20 (November 2020)

8.80.050 Submittal Procedures.

A building permit application for an accessory dwelling unit and/or junior accessory dwelling unit shall be submitted to the Community Development Department. In addition to the standard submittal requirements for a building permit, the accessory dwelling unit or junior accessory dwelling unit application package shall include the following:

A.    Site Plan. A site plan drawn to scale, showing the dimensions of the perimeter of the parcel on which the accessory dwelling unit or junior accessory dwelling unit will be located. Indicate the location and dimensioned setbacks of all existing and proposed structures on the project site.

B.    Lot Coverage. Calculations indicating the square footage of the structure and the lot, including calculations on the plan for the percentage of lot area covered by the foundation of the new and existing dwelling units.

C.    Elevations. For accessory dwelling units and/or junior accessory dwelling units that include modifications to the exterior of the principal residence or new construction, provide elevations showing all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed accessory dwelling unit.

D.    Utility and Service Information. Provide information on available utility easements, services and connections. Rev. Ord. 17-20 (November 2020); Ord. 1-17 (February 2017); Ord. 9-03 (July 2003)