Chapter 18.13
ACCESSORY DWELLING UNITS

Sections:

18.13.010    Purpose.

18.13.020    Zones allowed.

18.13.030    General requirements.

18.13.040    Development regulations.

18.13.050    Processing of accessory dwelling unit permits.

18.13.010 Purpose.

A. The purpose of this chapter is to provide for accessory dwelling units on lots developed with an existing single-family dwelling in accordance with the provisions of state law.

B. For purposes of this chapter, the existing single-family dwelling is considered to be the “primary unit.”

C. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. (Ord. 1778 § 5 (part), 2017)

18.13.020 Zones allowed.

A. Accessory dwelling units shall be allowed on all legally existing residentially zoned lots where only a single-family exists in: the single-family residential zone (R-1); the low density multiple-family residential zone (R-2); the medium density multiple-family residential zone (R-3); and the home business (H-B) zone.

B. New accessory dwelling units shall not be allowed on any lot used for residential purposes that lies within a specific plan area.

C. New attached and detached accessory dwelling units shall not be allowed in any high density multiple-family residential zone (R-4) unless such accessory unit is located within an existing accessory structure or above a garage and complies with all other requirements of this chapter.

D. Accessory dwelling units in the home business (H-B) zone shall only be permitted on legal conforming lots where the only use on the lot is a single-family home and no business exists. (Ord. 1778 § 5 (part), 2017)

18.13.030 General requirements.

A. An accessory dwelling unit may only be constructed on a lot which contains an existing single-family dwelling.

B. Only one accessory dwelling unit may be allowed per lot.

C. The lot on which the accessory dwelling unit is to be constructed must be a legally existing lot with a minimum size of five thousand square feet.

D. Accessory dwelling units shall not be sold separately from the primary residence.

E. Accessory dwelling units may be rented independently of the primary unit. However, in the R-1 zone, the owner of the property must be an occupant of either the primary unit or the accessory dwelling unit in order for one of the two units to be rented and a covenant shall be recorded to this effect in a form approved by the city attorney.

F. Accessory dwelling units may be located in any of the following places:

1. Attached to the existing dwelling;

2. Located within the living area of the existing dwelling; or

3. Detached from the existing dwelling, but located on the same lot as the existing dwelling.

G. No accessory dwelling unit, or the primary dwelling unit on the same lot on which an accessory dwelling unit is located, shall be rented out for less than thirty consecutive calendar days. A covenant shall be recorded to this effect in a form approved by the city attorney.

H. No accessory dwelling unit shall be allowed if the building official determines that there is not adequate water or sewer service to the property.

I. All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code Sections 66000 et seq. and 66012 et seq.

J. Accessory dwelling units shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning designation for the lot. (Ord. 1778 § 5 (part), 2017)

18.13.040 Development regulations.

A. A detached accessory dwelling unit shall be located to the rear of the existing single-family dwelling.

B. An accessory dwelling unit, whether attached or detached, shall be consistent in architectural style with the existing single-family dwelling and standards for residential uses in the adjacent residential community.

C. No passageway as defined in Government Code Section 65852.2(i) shall be required for the construction of an accessory dwelling unit.

D. Accessory dwelling units shall comply with all appropriate building code requirements. However, fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary dwelling unit.

E. Size.

1. The floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing living area or one thousand two hundred square feet, whichever is less.

2. The total floor area for a detached accessory dwelling unit shall not exceed seventy-five percent of the existing dwelling unit or one thousand two hundred square feet, whichever is less.

3. No accessory dwelling unit shall be less than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

F. Setbacks. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

1. No setback shall be required for a legally existing garage that is converted to an accessory dwelling unit.

2. A five-foot setback from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an existing garage.

3. A five-foot setback shall be required from all side lot lines for any new accessory dwelling unit.

4. A ten-foot setback shall be required for all rear lot lines for any new accessory dwelling unit.

5. A detached accessory dwelling unit shall be at least six feet from all other structures on the lot or on any adjacent lot.

G. Parking.

1. Parking shall be required at the rate of one space per each bedroom of the accessory dwelling unit. Efficiency and studio units shall be required to have one parking space.

2. Parking spaces for accessory dwelling units may be provided through tandem parking on an existing driveway; provided, that such parking does not encroach into the public sidewalk.

3. Parking spaces for accessory dwelling units may be provided in paved portions of setback areas; provided, that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this title.

4. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, such parking spaces must be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to: covered spaces; uncovered spaces; or tandem spaces. Parking may also be provided through the use of a mechanical automobile parking lift.

5. Tandem parking and parking in setback areas shall not be allowed if the community development director makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions.

6. Notwithstanding any other provision of this subsection G, no parking shall be required for the accessory dwelling unit if any of the following conditions apply:

a. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop;

b. The accessory dwelling unit is located within an architecturally and historically significant historic district;

c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure;

d. When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or

e. When there is a car share vehicle located within one block of the accessory dwelling unit.

H. Utilities.

1. All utility installations shall be placed underground.

2. Water and sewer service to the site and the accessory dwelling unit shall be adequate.

3. For an accessory dwelling unit contained within an existing single-family home or an existing accessory structure in the single-family residential zone, the city shall not require the installation of a new or separate utility connection between the accessory dwelling unit and the utility or impose a connection fee or capacity charge.

4. For all other accessory dwelling units other than those described in subsection (H)(3) of this section, the city shall require a new or separate utility connection between the accessory dwelling unit and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures. A separate sewer lateral shall be required for the second unit and separate electric and water meters shall be required for the second unit.

I. The number of curb cuts allowed shall be governed by the underlying zoning regulations.

J. New Construction. An applicant shall be allowed to build an accessory dwelling unit in conjunction with construction of a new single-family home. In such case, parking for the new single-family home shall be required in accordance with Section 18.40.040A.

K. An applicant may apply for an administrative site plan review by the community development director pursuant to Sections 18.44.020C and D in order to turn an existing single-family residence into the accessory dwelling unit and develop a new primary dwelling unit elsewhere on the lot. In such case the existing single-family residence must meet all requirements of this chapter relating to accessory dwelling units, including size limitations. (Ord. 1778 § 5 (part), 2017)

18.13.050 Processing of accessory dwelling unit permits.

A. A permit for an accessory dwelling unit shall be approved by the director of community development or his designee for any accessory unit that meets the requirements of this chapter.

B. An application for an accessory dwelling unit shall be acted upon within one hundred twenty days after receipt of a complete application. (Ord. 1778 § 5 (part), 2017)