Chapter 23.90
ACCESSORY DWELLING UNITS
Sections:
23.90.030 Allowed use and density provisions.
23.90.040 Development standards.
23.90.050 Junior accessory dwelling units.
23.90.010 Purpose.
The purpose of this chapter is to regulate accessory dwelling units in residential zoning districts and on residential property consistent with State law (Sections 65852.2 through 65852.22 of the California Government Code). Implementation of this section is intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 26-2006 §3, eff. 8-11-2006]
23.90.020 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions). [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 8-2011 §38(A), eff. 6-24-2011]
23.90.030 Allowed use and density provisions.
Accessory dwelling units shall be allowed in all residential, agricultural residential, and agricultural zoning districts in compliance with the development standards as set forth in EGMC Section 23.90.040, subject to zoning clearance/plan check review. Accessory dwelling units are an accessory residential use and do not count towards the allowable density for the lot upon which the accessory dwelling unit is located and are consistent with the existing general plan and zoning designation for the lot. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 26-2006 §3, eff. 8-11-2006]
23.90.040 Development standards.
Pursuant to Sections 65852.2 and 65852.22 of the Government Code, accessory dwelling units shall be permitted on single-family and multifamily residential parcels by the Development Services Director when the following conditions are met. All other development standards shall be in compliance with the underlying zone district.
A. Accessory dwelling units may be located either attached to or located within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
B. The lot is zoned to allow mixed-use, single-family use or multifamily use and includes a proposed or existing dwelling.
C. Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.
D. Accessory dwelling units shall be permitted as follows:
1. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure; provided, that the space has exterior access from the proposed or existing single-family dwelling. An accessory dwelling unit or junior accessory dwelling unit hereunder a) shall not be subject to the setback standards of subsection (G) of this section, b) shall maintain side and rear setbacks that are sufficient for fire and safety, and c) may include an expansion of not more than one hundred fifty (150 ft2) 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. A junior accessory dwelling unit hereunder shall comply with the requirements set forth in EGMC Section 23.90.050.
2. One (1) detached, new construction, accessory dwelling unit per lot with a proposed or existing single-family dwelling. This detached accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (D)(1) of this section.
3. On lots with existing multifamily residential, a maximum of two (2) detached accessory dwelling units.
4. On lots with existing multifamily residential, at least one (1) accessory dwelling unit internal to the building(s) and up to a maximum of twenty-five (25%) percent of the total existing multifamily units within the development. Such accessory dwelling units may be developed within portions of existing multifamily 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 building standards for dwellings.
E. The minimum size for an accessory dwelling unit shall be one hundred fifty (150 ft2) square feet.
F. An accessory dwelling unit shall not exceed the following maximum total floor areas:
1. Accessory dwelling units that are attached to the primary dwelling unit shall not exceed fifty (50%) percent of the total floor area of the primary dwelling unit, except that:
a. Studio and one (1) bedroom units shall be allowed up to eight hundred fifty (850 ft2) square feet;
b. Units with more than one (1) bedroom shall be allowed up to one thousand (1,000 ft2) square feet.
2. Accessory dwelling units that are detached from the primary dwelling shall not exceed one thousand two hundred (1,200 ft2) square feet.
G. Accessory dwelling units shall comply with the following setback standards:
1. No additional 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. Structures converted into habitable space shall comply with applicable building code requirements for protection of life and safety.
2. Where new construction is proposed, except for new construction contemplated by subsection (G)(1) of this section, the required minimum interior side yard and rear yard setback shall be four (4' 0") feet. Front and street side yard setbacks shall be the same as the underlying zoning district.
H. The maximum height of an attached accessory dwelling unit shall not exceed the height of the primary dwelling unit within the building envelope, while detached accessory dwelling units (or portions thereof) may not exceed sixteen (16' 0") feet in the required yard area. Within the agricultural and agricultural-residential zoning districts, the maximum height of a detached structure shall be thirty (30' 0") feet. (See EGMC Chapter 23.64, Yard Measurements and Projections, for description of required yard area.)
I. No accessory dwelling unit may be sold separately from the primary dwelling unit. An accessory dwelling unit may be rented separately from the primary unit. Rentals shall be for terms of longer than thirty (30) days.
J. An accessory dwelling unit shall provide one (1) additional off-street parking space for each bedroom in the accessory dwelling unit unless an accessory dwelling unit meets any one (1) of the following criteria, then no additional parking spaces are required:
1. The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit, including any bus stop.
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
4. When on-street parking permits are required but not available to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
K. Any additional parking space(s) required for an accessory dwelling unit may be provided as tandem parking on an existing driveway. Off-street parking shall be permitted in setback areas consistent with the underlying zoning district requirements and other adopted policies or plans. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 49-2008 § 3, eff. 11-21-2008; Ord. 26-2006 §3, eff. 8-11-2006]
23.90.050 Junior accessory dwelling units.
Junior accessory dwelling units shall comply with the following development standards:
A. The junior accessory dwelling unit shall be located on a lot zoned for single-family residential that includes a proposed or existing single-family residence.
B. The junior accessory dwelling unit shall be constructed within the walls of the primary dwelling unit and shall not be more than five hundred (500 ft2) square feet.
C. The junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure.
D. The junior accessory dwelling unit includes an efficiency kitchen, which includes all of the following:
1. A cooking facility with appliances; and
2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
E. No additional parking shall be required for the junior accessory dwelling unit.
F. Either the primary dwelling unit or the junior accessory dwelling unit shall be occupied by the property owner. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. The junior accessory dwelling unit shall not be sold separate from the primary dwelling unit. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020]