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 and junior accessory dwelling units in residential zoning districts and on residential property consistent with State law (Sections 66310 through 66342 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. 13-2025 §3 (Exh. E), eff. 7-25-2025; 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.
A. 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.
B. Traditionally, an accessory dwelling unit or units are built subsequent to construction of a primary unit, although in some instances they may be built concurrently. An existing primary dwelling unit may be redesignated as an accessory dwelling unit, and a new primary dwelling unit constructed; provided, that the existing unit complies with the applicable maximum allowed floor area provided in this chapter. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025; 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 Section 66314 et seq. of the California Government Code, accessory dwelling units shall be permitted on single-family and multifamily residential parcels by the Community Development 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 eight (8) detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this subsection shall not exceed the number of existing units on the lot.
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.
5. On lots with a proposed multifamily residential, not more than two (2) detached accessory dwelling units.
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 the greater of the following:
a. Fifty (50%) percent of the existing total floor area of the primary dwelling; or
b. Eight hundred fifty (850 ft2) square feet if the accessory dwelling unit has one (1) bedroom or less, or one thousand (1,000 ft2) square feet if the accessory dwelling unit has more than one (1) bedroom.
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 height of an accessory dwelling unit shall comply with the following height limits (See EGMC Chapter 23.64, Yard Measurements and Projections, for description of required yard area.):
1. Accessory dwelling units attached to the primary dwelling unit and within the building envelope shall not exceed a height of twenty-five (25' 0") feet or the height of the primary dwelling unit, whichever is greater.
2. Accessory dwelling units detached from the primary dwelling unit shall not exceed the following height limits:
a. Generally, sixteen (16' 0") feet in height, except that when located within the allowed building envelope and outside of the required yard area, the accessory dwelling unit may be allowed to the height maximum of the underlying zoning district.
b. For sites located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the California Public Resources Code, the maximum allowed height shall be eighteen (18' 0") feet, plus an additional two (2' 0") feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
c. For a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, a height limit of eighteen (18' 0") feet.
d. Within the agricultural and agricultural-residential zoning districts, the maximum height of a detached accessory dwelling unit shall be thirty (30' 0") feet.
I. An accessory dwelling unit may be rented separately from the primary unit. Rentals shall be for terms of thirty (30) days or longer.
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.
6. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single residential unit dwelling or a new multiple residential unit dwelling on the same lot; provided, that the accessory dwelling unit or the lot satisfies any other criteria listed above.
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.
L. Except as otherwise provided, no accessory dwelling unit may be sold separately from the primary dwelling unit. An accessory dwelling unit may be sold separately from the primary dwelling unit if it complies with the provisions of Section 65852.26 of the California Government Code. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025; 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. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall also include an interior entry to the main living area.
E. 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.
F. No additional parking shall be required for the junior accessory dwelling unit.
G. 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. A deed restriction shall be recorded against the single-family residence which includes the information required by Section 66333(c) of the California Government Code.
H. No more than one (1) junior accessory dwelling unit is permitted on each residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. [Ord. 13-2025 §3 (Exh. E), eff. 7-25-2025; Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020]