Chapter 17.98
ACCESSORY DWELLING UNITS
Sections:
17.98.030 Development standards for all accessory dwelling units.
17.98.040 Development standards for streamlined approval of accessory dwelling units.
17.98.010 Purpose and intent.
The purpose of this chapter is to permit accessory dwelling units in single-family and multifamily residential zoning districts consistent with state law (California Government Code Sections 65852.2 through 65852.22). This chapter is intended to expand housing opportunities by increasing the number of housing units available within existing neighborhoods while maintaining the primarily “single-family” residential character of the area. Accessory dwelling units, which include junior accessory dwelling units, are intended to provide livable housing at lower cost while providing greater security, companionship, and family support for the occupants, consistent with the general plan. An accessory dwelling unit must comply with all of the provisions in this title, except as modified in this chapter. (Ord. 2020-01 § 3(b) (part): Ord. 2017-01 § 3 (part): Ord. 2015-05 § 6 (part))
17.98.020 Administration.
A. Accessory Dwelling Unit Approval Required. Approval of an accessory dwelling unit shall be obtained prior to construction, conversion and/or development of an accessory dwelling unit. Pursuant to California Government Code Section 65852.2, approval of the accessory dwelling unit shall be considered ministerial without any discretionary review or a hearing. Accessory dwelling units are exempt from the California Environmental Quality Act.
B. Application.
1. Applications for an accessory dwelling unit shall be filed with the community development director on forms provided by the community development department.
2. An application for an accessory dwelling unit shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this subsection.
3. Once an application is deemed complete the application must be approved or denied within sixty (60) days if there is an existing single-family or multifamily dwelling on the lot.
C. Existing Accessory Dwelling Units. This chapter shall in no way validate an illegal accessory dwelling unit. An application for an accessory dwelling unit may be made pursuant to the provisions of this chapter to convert an illegal accessory dwelling unit into a lawful accessory dwelling unit, or to allow for the replacement, alteration or expansion of an existing nonconforming accessory dwelling unit. The conversion of an illegal accessory dwelling unit into a lawful accessory dwelling unit, or the replacement, alteration or expansion of an existing nonconforming accessory dwelling unit, shall be subject to the requirements of this chapter. (Ord. 2020-01 § 3(b) (part): Ord. 2017-01 § 3 (part): Ord. 2015-05 § 6 (part))
17.98.030 Development standards for all accessory dwelling units.
A. Only one accessory dwelling unit shall be allowed for each single-family residential lot. An accessory dwelling unit shall not be permitted on a lot already having two or more dwelling units located thereon.
B. The minimum floor space of a detached accessory dwelling unit shall be one hundred fifty (150) square feet and the maximum area of floor space shall not exceed one thousand two hundred (1,200) square feet. The maximum area of floor space of an attached accessory residential unit shall not exceed fifty (50) percent of the living area of the existing principal residence, not to exceed a maximum of one thousand two hundred (1,200) square feet.
C. A detached accessory dwelling unit that is eight hundred (800) square feet or less and sixteen (16) feet or less in height may have a side and rear setback of four feet.
D. An accessory dwelling unit built above an existing detached garage may be located within five feet of the rear or side property lines, subject to complying with Title 24 of the California Code of Regulations.
E. The size of the accessory dwelling unit shall not be counted towards the maximum floor area ratio (FAR) for the site.
F. Accessory dwelling units shall be subject to complying with zoning requirements in R-R, R-1, R-2, R-3 and R-4 zones, except as modified by the conditions of this section.
G. The lot on which the accessory dwelling unit is proposed shall contain a residence at the time of construction of the accessory dwelling unit. In the case of vacant lots, the residence and accessory dwelling unit may be constructed at the same time.
H. The accessory dwelling unit is self-contained with its own separate entrance, kitchen and bathroom and shall comply with all applicable building, fire, energy and other health and safety codes.
I. An accessory building or structure, including a garage or carport, may be converted into an accessory dwelling unit, subject to complying with Title 24 of the California Code of Regulations. No off-street parking shall be required for an accessory dwelling unit. Replacement parking is not required when a garage or carport is converted to an accessory dwelling unit.
J. Accessory dwelling units shall achieve architectural continuity with the principal residence and with the character of the surrounding neighborhood, as determined by the community development department. No entrance to an accessory dwelling unit shall be located on the front building elevation of the principal residence if the accessory dwelling unit is attached to the residence, in order to maintain the appearance of the structure as a single-family residence.
K. All accessory dwelling units created before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the accessory dwelling unit was created. Any application received for an accessory dwelling after January 1, 2020, is not subject to the owner-occupancy requirement.
Any application received for an accessory dwelling unit after January 1, 2025, is subject to the owner-occupancy agreement and a person with equitable title to the property shall occupy either the principal or accessory dwelling unit as their principal or primary residence as defined by the county assessor. If either unit should become non-owner-occupied the accessory dwelling unit, upon notification by the city, shall be converted into a nonaccessory dwelling unit by removing the kitchen facilities. To ensure the property is owner-occupied the property owner shall record a deed restriction prior to obtaining a certificate of occupancy for the accessory dwelling unit.
L. All new construction or exterior alterations to existing structures proposed for an accessory dwelling unit may be subject to design review as prescribed in Chapter 17.36, except that design review shall be ministerial without any discretionary review or a hearing.
M. No impact fee shall be imposed on an accessory dwelling unit that is less than seven hundred fifty (750) feet in size. For purposes of this section “impact fees” include the fees specified in Sections 6600 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. Except as mentioned above, the city council may, by resolution, establish fees for accessory units that mitigate the impact of an accessory dwelling unit on public infrastructure or services based on the square footage of the accessory dwelling unit in relation to the square footage of the principal residence.
N. An accessory dwelling unit may be required to have a new or separate utility connection directly between the accessory dwelling unit and the utility. The city council may adopt by resolution a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water and sewer system. The fee shall be based upon either square footage of the accessory dwelling unit or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. Accessory dwelling units shall be exempt from any requirements to install a new or separate utility connection and pay any connection fees or charges if it is created by the conversion of interior space of the principal residence, unless the unit is constructed with a new single-family residence.
O. The owner of an accessory dwelling unit built before January 1, 2010, may request any correction of building standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code be delayed subject to the following:
1. Prior to January 1, 2030, the owner requests in writing enforcement of any violation of a building standard be delayed for five years.
2. The community development director, in consultation with the building official, determines the enforcement of the building standard or standards is not necessary to protect the health and safety. (Ord. 2020-01 § 3(b) (part): Ord. 2017-01 § 3 (part): Ord. 2015-05 § 6 (part))
17.98.040 Development standards for streamlined approval of accessory dwelling units.
The community development director shall ministerially approve a building permit application for an accessory dwelling unit that meets the following:
A. Converted Space on a Single-Family Lot. Only one accessory dwelling unit shall be allowed on a lot with a proposed or existing single-family dwelling, where the accessory dwelling unit:
1. Is within the walls of the proposed or existing single-family dwelling, or within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress, has an exterior access independent of the single-family dwelling and has side and rear yard setbacks that comply with the applicable building and fire codes.
2. Has an exterior access independent of the single-family dwelling.
3. Has side or rear setbacks sufficient for fire and safety, as required by applicable building and fire codes.
B. Limited Detached or Single-Family Lot. One new detached accessory dwelling unit on a lot with a proposed or existing single-family dwelling, in addition to any junior accessory dwelling that might otherwise be established on the lot allowed in subsection A of this section, if the detached accessory dwelling unit satisfies the following limitations:
1. The side and rear yard setbacks are at least four feet.
2. The total floor area is eight hundred (800) square feet or less.
3. The height is sixteen (16) feet or less.
C. Converted on Multifamily Lot. Multiple accessory dwelling units within portions of existing multifamily dwelling structures not used as livable space, including but not limited to storage rooms, passageways, attics, basements, or garages, that satisfy the following:
1. If each converted accessory dwelling unit complies with the state building standards for dwellings.
2. At least one converted accessory dwelling unit is allowed within an existing multifamily dwelling, but the number of accessory dwelling units may not exceed twenty-five (25) percent of the existing multifamily units.
D. Limited Detached on a Multifamily Lot. No more than two detached accessory dwellings units on a lot with an existing multifamily dwelling if each detached accessory dwelling unit satisfies the following limitations:
1. The side and rear yard setbacks are at least four feet.
2. The total area is eight hundred (800) square feet or less.
E. Junior Accessory Dwelling Units.
1. A building permit shall be required for a junior accessory dwelling unit. A junior accessory dwelling unit shall not be considered a separate dwelling for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services.
2. May not be sold separately from the single-family dwelling. A deed restriction shall be recorded prohibiting the subdivision or sale separate from the single-family dwelling.
3. Permitted by this section must be installed after the construction of the single-family dwelling.
4. As provided by Government Code Sections 65852.22(d) and (e), junior accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the general plan.
5. No more than one junior accessory dwelling may be located on a parcel.
6. Shall not be required to provide additional parking. (Ord. 2020-01 § 3(b) (part))