Chapter 18.20B
ACCESSORY DWELLING UNITS

Sections:

18.20B.010    Purpose.

18.20B.020    Applicability.

18.20B.030    Definitions.

18.20B.040    Development standards.

18.20B.050    Permit requirements.

18.20B.060    Review process for accessory structure not complying with development standards.

18.20B.070    Findings.

18.20B.010 Purpose.

This chapter provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings. Accessory dwelling units contribute needed housing to the City’s housing stock. Accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities. [Ord. 19-008 § 6.]

18.20B.020 Applicability.

The provisions of this chapter apply to all lots that are occupied with a single-family residence within the R1, RM1, RM2, RM3, RM4, and PMR districts. Accessory dwelling units shall not be considered to 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. 19-008 § 6.]

18.20B.030 Definitions.

For purposes of this chapter, the following terms shall have the following meanings:

“Accessory dwelling unit” means an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes all of the following:

1. An efficient unit, as defined by Cal. Health & Safety Code § 17958.1.

2. A manufactured home, as defined in Cal. Health & Safety Code § 18007.

“Existing structure” for purposes of defining allowable space that can be converted to an accessory dwelling unit means within the four (4) walls and roofline of any 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.

“Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

“Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. [Ord. 19-008 § 6.]

18.20B.040 Development standards.

A. Accessory Structures within Existing Space.

1. A building permit for one (1) accessory dwelling unit per single-family lot, within an existing space of the primary structure, attached or detached garage, or other accessory structure, shall be approved ministerially regardless of all other standards within this title if the accessory dwelling unit complies with all of the following:

a. Building and safety codes.

b. Independent exterior access from the existing residence.

c. Sufficient side and rear setbacks for fire safety.

2. The City may require owner occupancy for either the primary or accessory dwelling unit created through this process.

B. Detached and Attached Accessory Structures.

1. General Requirements.

a. Only one (1) accessory dwelling unit per lot shall be permitted.

b. Accessory dwelling units are only permitted on parcels containing one (1) single-family residence.

c. The accessory dwelling unit is not to be sold or otherwise conveyed separate from the primary residence but may be rented.

d. The lot is zoned for residential and contains a proposed or existing single-family dwelling.

e. The accessory dwelling unit is either attached to the proposed or existing dwelling or detached from the existing dwelling and located on the same lot as the proposed or existing dwelling. Attached accessory dwelling units shall be architecturally integrated into the building design of the proposed or existing single-family dwelling and subject to the design standards of DMC 18.23.170.

f. The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the proposed or existing living area or one thousand two hundred (1,200) square feet.

g. The total area of floor space for a detached accessory dwelling unit shall also not exceed one thousand two hundred (1,200) square feet.

h. Local building code requirements that apply to detached dwellings, as appropriate.

i. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

j. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

k. 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.

2. Parking.

a. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per unit. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

b. Off-street parking is permitted in setback areas in locations determined by the City, or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

c. 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, and the City requires those off-street parking spaces 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, tandem spaces, or by the use of mechanical automobile parking lifts.

d. Subsections (B)(2)(a) through (c) of this section do not apply where:

(i) The accessory dwelling unit is located within one-half (1/2) mile of public transit, including transit stations and bus stations.

(ii) The accessory dwelling unit is located within an architecturally and historically significant historic district.

(iii) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(iv) When there is a car share vehicle located within one (1) block of the accessory dwelling unit. [Ord. 19-008 § 6.]

18.20B.050 Permit requirements.

Accessory dwelling units shall be permitted ministerially within one hundred twenty (120) days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this chapter if all applicable requirements in DMC 18.20B.040 are met. The Community Development Director may approve an accessory dwelling unit that is not in compliance with DMC 18.20B.040 as set forth in DMC 18.20B.060. [Ord. 19-008 § 6.]

18.20B.060 Review process for accessory structure not complying with development standards.

An accessory dwelling unit that does not comply with standards in DMC 18.20B.040 may be permitted with an administrative use permit at the discretion of the Community Development Director subject to the findings in DMC 18.20B.070. [Ord. 19-008 § 6.]

18.20B.070 Findings.

A. In order to deny an administrative use permit under DMC 18.20B.060, the Community Development Director must 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 DMC 18.20B.060 to waive required accessory dwelling unit parking, the Community Development Director must find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this chapter. [Ord. 19-008 § 6.]