Chapter 18.22
ACCESSORY DWELLING UNITS
Sections:
18.22.030 Development standards.
18.22.040 Permit requirements.
18.22.050 Review process for accessory structure not complying with development standards.
Prior legislation: Ords. CCO-91-04, CCO-04-01 and CCO-09-02.
18.22.010 Purpose.
This chapter provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings contribute needed housing to the community’s housing stock. Thus, accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single-family lots. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)
18.22.020 Applicability.
The provisions of this chapter apply to all lots that are occupied with a single-family or multifamily dwelling unit(s). Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing General Plan and zoning designation for the lot. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)
18.22.030 Development standards.
(A) An accessory dwelling and junior accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within this chapter if complying with building and safety codes, independent exterior access from the existing residence, and sufficient side and rear setbacks for fire safety.
(B) All accessory dwelling units must meet all general requirements as follows:
(1) The unit is not intended for sale separate from the primary residence and may be rented. A recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and include the following:
(a) A prohibition on the sale of the 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 units that conforms with this section.
(2) The unit shall not be used for short-term or commercial rental purposes.
(3) The lot contains an existing single-family or multifamily dwelling.
(4) The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(5) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.
(6) The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(7) Local building code requirements that apply to detached dwellings are followed.
(8) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(9) No setback shall be required for an existing garage or accessory structure that is converted to an accessory dwelling unit and for an accessory dwelling unit that is constructed above a garage.
(10) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the City shall not require that those off-street parking spaces be replaced.
(11) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.
(12) Minimum rear and side setbacks are reduced to four feet for new accessory dwelling units regardless of zoning standards.
(13) The height for a new accessory dwelling unit shall not exceed 16 feet regardless of zoning standards.
(14) All accessory dwelling units shall connect to City water and sewer service.
(C) All junior accessory dwelling units must meet all general requirements as follows:
(1) A maximum of one junior accessory dwelling unit is allowed per single-family residential use.
(2) Owner-occupancy in the single-family residence in which the junior accessory dwelling unit is located is required.
(3) A recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and include the following:
(a) 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 units that conforms with this section.
(4) Junior accessory dwelling unit shall be constructed within the existing walls of the structure and require the inclusion of a bathroom. The bathroom may be shared with the single-family residence or specific to the unit.
(5) The unit shall have a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling unit may include a second interior doorway for sound attenuation.
(6) The unit shall include an efficiency kitchen, which shall include all of the following:
(a) A sink with a maximum waste line diameter of one and one-half inches.
(b) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.
(c) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit.
(7) The unit shall not be used for short-term or commercial rental purposes.
(D) Parking requirements for accessory dwelling units shall not exceed one parking space per unit. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the nondriveway setback. Junior accessory dwelling units are exempt from all parking requirements.
(E) Parking requirements are not required if:
(1) The accessory dwelling unit is in a historically registered building or historic district.
(2) The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations.
(3) When there is a car share vehicle located within one block of the accessory dwelling unit.
(4) An existing garage is converted into an accessory dwelling unit. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)
18.22.040 Permit requirements.
Accessory dwelling units shall be permitted ministerially, in compliance with this chapter within 120 days of application. The Planning Department shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this chapter if all applicable requirements are met in MSMC 18.22.030 and the primary residence has received a certificate of occupancy. The Planning Department may approve an accessory dwelling unit that is not in compliance with MSMC 18.22.030 as set forth in MSMC 18.22.050. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)
18.22.050 Review process for accessory structure not complying with development standards.
An accessory dwelling unit that does not comply with standards in MSMC 18.22.030 may be permitted with a zoning certificate or an administrative use permit at the discretion of the Planning Department subject to findings in MSMC 18.22.060. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)
18.22.060 Findings.
(A) In order to deny an administrative use permit under MSMC 18.22.050, the Planning Department shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.
(B) In order to approve an administrative use permit under MSMC 18.22.050 to waive required dwelling unit parking, the Planning Department shall find that additional or new on-site parking would be detrimental to the purpose of this chapter, and that granting the waiver will meet the purposes of this chapter. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)
18.22.070 Definitions.
The following definitions shall apply to this chapter:
(A) “Accessory dwelling unit” means 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 single-family dwelling is situated. An accessory dwelling includes, but is not limited to, the following:
(1) An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.
(2) A manufactured home, as defined in Cal. Health and Safety Code § 18007.
(B) “Commercial rental” for the purposes of this chapter is a space or place which is solely used for business purposes. Commercial rental does not include home occupation uses as defined in Chapter 18.40 MSMC, Business in the Home.
(C) “Existing structure” for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means within the four walls and roofline of a structure existing on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the Building Official regardless of any noncompliance with zoning standards.
(D) “Junior accessory dwelling unit” means a unit that is no more than 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.
(E) “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or accessory structure.
(F) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(G) “Short-term rental” means a “transient occupancy,” as defined in MSMC 18.08.795, and includes, but is not necessarily limited to, a “hotel,” as defined in MSMC 18.08.450, as well as any rental of a living unit, or portion of a living unit, for a term shorter than a month-to-month tenancy. “Short-term rental” also means vacation rental. (Ord. CCO-20-03 § 2, 2020; Ord. CCO-17-06 § 2, 2017)