Chapter 17.90
ACCESSORY DWELLING UNITS
Sections:
17.90.020 Allowed Use Provisions.
17.90.030 Development Standards.
17.90.040 Permit Requirements.
17.90.050 Junior Accessory Dwelling Units.
17.90.010 Purpose.
A. The purpose of this chapter is to regulate accessory dwelling units in residential zoning districts and on residential property consistent with state law. Implementation of this chapter 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 residential character of the area.
B. This chapter shall be applied and interpreted consistent with California Government Code Sections 65852.1 through 65852.22. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.90.020 Allowed Use Provisions.
A. Accessory dwelling units shall be allowed in all residential zoning districts in compliance with the development standards as set forth in section 17.90.030. "Accessory dwelling units" are defined as an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residential dwelling is located. "Accessory dwelling units" may include an efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, and a manufactured home as defined in Section 18007 of the California Health and Safety Code.
B. Accessory dwelling units that conform to the requirements of this chapter shall be deemed a residential use that is consistent with the city’s existing general plan and zoning designation for the lot.
C. Accessory dwelling units that conform to the requirements of this chapter shall be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located.
D. This chapter establishes the maximum standards that shall be used to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains a proposed or an existing single-family dwelling. No additional standards, other than those provided in this chapter, shall be utilized or imposed.
E. This chapter and an accessory dwelling unit shall not be considered in the application of any other ordinance, policy, or program to limit residential growth. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.90.030 Development Standards.
Pursuant to California Government Code Section 65852.2, accessory dwelling units shall be permitted on single-family and multifamily residential parcels by the planning director when the following conditions are met:
A. The accessory dwelling unit complies with the development standards of section 17.30.040; provided, such development standards do not conflict with the maximum standards allowed by California Government Code Section 65852.2. Notwithstanding the foregoing, the minimum lot size requirements of section 17.30.040 are not applicable.
B. The lot contains a proposed or an existing single-family dwelling.
C. The accessory dwelling unit is either attached to or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
D. The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the proposed or existing primary dwelling living area, with a maximum increase in floor area of one thousand two hundred (1,200) square feet.
E. The total area of floor space for a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.
F. The maximum building coverage is the maximum lot coverage as set forth in this title for the underlying zoning district.
G. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet (5') from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
H. The maximum height of accessory dwelling units shall be the same as the underlying zoning district. If constructed above a garage, the maximum height shall be the same as for primary structures in the underlying zoning district.
I. The accessory unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
J. An accessory dwelling unit shall have one additional off-street parking space for each bedroom in the accessory dwelling unit. Studio units shall have one off-street parking space. The additional parking space(s) may be provided as tandem parking on a driveway. Off-street parking shall be permitted in setback areas in locations approved by the planning director or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
K. If construction of an accessory dwelling unit eliminates any required off-street parking for the primary dwelling, replacement off-street parking shall be provided for the primary dwelling 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, and as otherwise subject to the requirements of chapter 17.58.
L. The provision of off-street parking for accessory or primary dwelling units as required by subsections J and K of this section shall not apply if the accessory dwelling unit (1) is located within one-half (1/2) mile of public transit, (2) is located within an architecturally and historically significant historic district, (3) is part of the proposed or existing primary residence or accessory structure, (4) when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit, or (5) when there is a car share vehicle located within one block of the accessory dwelling unit.
M. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. "Passageway" is defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (Ord. 533 §2(part), 2018: Ord. 473 §3, 2007).
17.90.040 Permit Requirements.
A. Development of an accessory dwelling unit shall be subject to issuance of an administrative permit by the planning director. Such administrative permit shall be considered ministerially without discretionary review or hearing and shall not be subject to any discretionary permit as may otherwise be required under chapter 17.16.
B. Notwithstanding section 17.90.030, the building department shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Fire sprinklers shall not be required for such accessory dwelling units if they are not required for the primary residence.
C. Accessory dwelling units shall be subject to development and other impact mitigation fees as are required under title 19 for other residential development.
D. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service; subject, however, to:
1. For accessory dwelling units described in subsection B of this section, the installation of new or separate utility connections directly between the accessory dwelling unit and the utility shall not be required, and a related connection fee or capacity charge shall not be imposed.
2. For an accessory dwelling unit not described in subsection B of this section, the installation of a new or separate utility connection directly between the accessory dwelling unit and the utility shall be required. The connection shall be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
E. No other ordinance, policy, or regulation shall be the basis for the denial of a building permit or other permit under this chapter for an accessory dwelling unit. (Ord. 533 §2(part), 2018).
17.90.050 Junior Accessory Dwelling Units.
A. Notwithstanding sections 17.90.020 through 17.90.040, a junior accessory dwelling unit shall be allowed in all single-family residential zoning districts in compliance with the development standards as set forth in this section. A junior accessory dwelling unit is defined as a unit that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
B. No more than one junior accessory dwelling unit is allowed per residential lot zoned for single-family residences with a single-family residence already built on the lot.
C. Owner occupancy in the single-family residence in which the junior accessory dwelling unit will be developed is required. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
D. A deed restriction, which shall run with the land, shall be filed with the city, recorded with the Monterey County recorder’s office, and shall include both of the following: (1) 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, and (2) a restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
E. The junior accessory dwelling unit shall be constructed within the existing walls of the structure and shall include an existing bedroom.
F. The junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
G. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
1. A sink with a maximum waste line diameter of one and one-half inches (1 1/2");
2. A cooking facility with appliances that do not require electrical service greater than one hundred twenty (120) volts, or natural or propane gas; and
3. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
H. Additional off-street parking is not required.
I. Development of a junior accessory dwelling unit shall be subject to issuance of an administrative permit by the planning director. Such administrative permit shall be considered ministerially without discretionary review or hearing and shall not be subject to any discretionary permit as may otherwise be required under chapter 17.16.
J. Prior to issuance of an administrative permit, the junior accessory dwelling unit shall be inspected by the building official for compliance with applicable building standards and codes, and shall pay any fee imposed for that inspection.
K. For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
L. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (Ord. 533 §2(part), 2018).