Chapter 17.21
ACCESSORY SPACES

Sections:

17.21.010    Accessory dwelling units.

17.21.020    Guest quarters.

17.21.030    Accessory structures.

17.21.010 Accessory dwelling units.

A. Purpose.

1. The purpose of this chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements set forth in California Government Code Section 65852.2, as amended from time to time.

2. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

B. Definitions. For the purpose of this section, the following words and phrases have the meanings given them in this section:

1. “Accessory dwelling unit” means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons and complies with all provisions of this section. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit. An accessory dwelling unit also includes the following:

a. An efficiency unit, as defined in California Health and Safety Code Section 17958.1.

b. A manufactured home, as defined in California Health and Safety Code Section 18007.

2. “Director” means the director of the community development department or his designate.

3. “Director’s action” means the required submittal of an administrative approval application and review by the community development director.

4. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. Passageways are not required for detached accessory dwelling units.

5. “Primary unit” means the existing single-family residential structure on the site.

C. General Requirements.

1. Application. Where this section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply.

2. Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this section, accessory dwelling units may be established in the following zones: R-1, R-2, R-3, R-4, and O, when the primary use on the site is a single-family dwelling.

3. Areas Prohibited. Accessory dwelling units shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended, or any mobile home subdivision, or trailer park.

4. No Subdivision of Property. No subdivision of property shall be allowed where an accessory dwelling unit has been established unless the subdivision meets all requirements of zoning and subdivision regulations.

5. Sale of Property. This section shall also apply to new owners of property where an accessory dwelling unit has been established. All conditions of director’s action (if applicable), restrictive covenants, and other contractual agreements with the city shall apply to the property and the new owners.

6. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-family dwelling on the lot.

a. An attached accessory dwelling unit shall be defined as either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single-family dwelling unit or existing accessory structure.

b. A detached accessory dwelling unit shall be defined as new residential square footage not attached or sharing any walls with the primary existing single-family dwelling unit.

7. Size of Accessory Dwelling Unit. The gross floor area of an accessory dwelling unit shall be no less than an efficiency unit, and shall not exceed the lesser of fifty percent of the primary unit’s existing living area or eight hundred square feet. The director may authorize an exception to this standard up to one thousand two hundred square feet by a director’s action, defined above.

8. Accessory dwelling units are limited to one unit per property.

D. Performance Standards and Compatibility.

1. Design Standards. Accessory dwelling units shall conform to all applicable development standards included in the underlying zone such as height, yards, parking, building coverage, etc. An accessory dwelling unit that conforms to this chapter shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

a. Accessory dwelling units shall conform to all applicable building and construction codes.

b. No passageway, defined above, shall be required in conjunction with the construction of a detached accessory dwelling unit.

c. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

d. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.

e. No additional parking spaces shall be required for an accessory dwelling unit.

i. Replacement of Required Parking for Primary Unit. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking 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.

f. Accessory dwelling units on listed historic properties and in historic districts shall be found consistent with the historic preservation ordinance including historic preservation guidelines and Secretary of the Interior standards for the treatment of historic properties.

g. Where ADUs are being created within an existing structure (primary or accessory), no new utility connection or payment of impact fees shall be required. For all other ADUs, a new utility connection for the ADU and payment of impact fees shall be required.

2. Architectural Compatibility. Accessory dwelling units should be architecturally and functionally compatible with the primary residence. The accessory dwelling unit shall comply with the following design standards:

a. Architectural Style and Form. Architectural style and form shall match or be compatible with the style and form of the primary residence on the property.

b. Materials. The materials of the accessory dwelling unit shall match or be compatible with the materials of the primary residence on the property.

Compliance with these design standards shall be reviewed ministerially and be performed during the building permit application process.

E. Procedure Requirements. An accessory dwelling unit that meets the standards contained in this section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., use permit, architectural review, etc.) or public hearing. All applications shall be permitted within one hundred twenty days of submission of a complete application which complies with all applicable requirements and development standards as set forth in this chapter.

Any application for an accessory dwelling that exceeds the lesser of fifty percent of the primary unit’s existing living area or eight hundred square feet may apply for a director’s action, defined above, in which the community development director may authorize an exception to that standard.

F. Owner-Occupancy. The owner of the property must occupy either the primary residence or the accessory dwelling unit. The director may waive this requirement in one-year increments, not to exceed a total of five consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance of property with an accessory dwelling unit.

G. Covenant Agreement. Prior to the issuance of building permits for an accessory dwelling unit, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “accessory dwelling unit” and agreeing that the property will be owner-occupied. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property.

H. Violations. Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1. (Ord. 1634 § 4, 2017)

17.21.020 Guest quarters.

A. Purpose and Intent.

1. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit.

2. Regulations on guest quarters are established to prevent conversion of guest quarters into unpermitted living space to ensure that such structures are not used as separate dwelling units.

3. Unpermitted conversion of guest quarters could result in effects detrimental to the public health, safety, and welfare of the community, including but not limited to fire and life safety threats, adverse neighborhood parking, traffic congestion and noise impacts, and creation of nuisances related to increased, unpermitted residential density without appropriate permit conditions and mitigations, and the maintenance of unsafe or unsanitary permanent living quarters not permitted or intended to support primary residential uses.

B. Applicability.

1. This section applies to guest quarters as defined in Section 17.100.070, “Guest quarters,” and provided below:

a. Guest Quarters. A separate accessory space, attached or detached, which contains bathroom facilities including toilets, bathing facilities, showers, or sinks but does not contain a kitchen (see “kitchen” definition in Section 17.100.110). Guest quarters may only be used in conjunction with a primary residence that contains a kitchen and may consist of detached structures or additions to primary structures. Guest quarters shall be no larger than four hundred fifty square feet. Guest quarters shall comply with the requirements of this section.

2. This section does not apply to legally established dwellings, or secondary dwelling units and accessory structures which are separately defined in Sections 17.21.010 and 17.21.030 respectively.

3. This section does not apply to legally established guest quarters (previously titled guest houses) permitted prior to the effective date of the ordinance codified in this chapter (August 14, 2014).

C. General Requirements.

1. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions:

a. Density and Size. The structure must be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multifamily zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty square feet and shall remain in an open floor plan (studio configuration).

b. Areas Where Guest Quarters May Be Allowed. Upon meeting the requirements in this section, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and O, when the primary use on the site is a single-family dwelling.

c. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended, or any mobile home subdivision or trailer park.

d. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters.

e. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit.

f. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” in Section 17.100.110 may be installed and plumbing shall be provided for bathroom use only. No plumbing may be provided to “wet bars,” dishwashers, or any features which could be used for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features consistent with the definition of a “kitchen.”

D. Procedure Requirements. Prior to filing building plans with the city building division, the following shall be met:

1. Architectural Review Required. All requests shall be reviewed for consistency with the city’s community design guidelines and architectural review ordinance. The director shall determine, upon receiving a complete application, whether the project shall be forwarded to the architectural review commission for review. All new development projects within historic districts or within properties that contain designated historic structures shall be referred to the cultural heritage committee to be reviewed for consistency with Secretary of Interior standards for treatment of a historic property.

2. Application Contents. A guest quarters permit shall be approved by the director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required.

3. Additional Requirements.

a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as “guest quarters,” which cannot be used as an independent dwelling unit, and may only be used in conjunction with the primary residence that contains a kitchen. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters.

E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). (Ord. 1606 § 6 (part), 2014)

17.21.030 Accessory structures.

A. Purpose and Intent.

1. The purpose of this section is to establish regulations for the development of accessory structures such as a garage, storage shed, or shop building as an approved accessory use.

2. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., secondary dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.

3. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community.

B. Applicability.

1. This section applies to accessory structures as defined in Section 17.100.010, “Accessory structures,” and provided below:

a. Accessory Structures. “Accessory structures” are located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. “Accessory structures” that include habitable space, as defined by the California Building Code, shall be no larger than four hundred fifty square feet. Accessory structures shall comply with the requirements of this section.

2. This section does not apply to legally established dwellings, or secondary dwelling units and guest quarters which are separately defined in Sections 17.21.010 and 17.21.020 respectively.

3. This section does not apply to legally established accessory structures permitted prior to the effective date of the ordinance codified in this chapter (August 14, 2014).

C. General Requirements.

1. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions:

a. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities.

D. Procedure Requirements.

1. Building Permit. Development of accessory structures require approval of a building permit from the city’s building division.

a. Design Review. Plans submitted for a building permit will be reviewed for consistency with the city’s community design guidelines and architectural review ordinance.

2. Additional Requirements.

a. Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes.

E. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). (Ord. 1606 § 6 (part), 2014)