Chapter 8.80

8.80.010 Purpose.

The purpose of this section is to establish regulations for approving second units designed to meet the special needs of individuals and families, particularly the elderly, disabled, and those of low and very-low income; which meet the requirements of the Housing Element and are compatible with existing dwellings. Rev. Ord. 9-03 (July 2003)

8.80.020 Intent.

The intent of this section is to ensure that second units meet all of the following objectives. That the second unit:

A.    Allows for more efficient use of the City’s existing housing stock and underdeveloped residential properties.

B.    Does not negatively impact the family character of the neighborhood.

C.    Does not negatively impact traffic in the neighborhood.

D.    Has sufficient roadway access and utility service.

E.    Provides sufficient access and mobility for the handicapped or disabled.

F.    Complies with all standards of Chapter 8.80, Second Units.

G.    Meets the standards established by Chapter 8.80, Second Units, and complies with State Law as may be appropriate to further the purposes of this Title. Rev. Ord. 9-03 (July 2003)

8.80.030 Permitting Procedures.

Any application for a second unit that meets the Development Standards and Regulations contained in this Chapter, shall be approved ministerially without discretionary review or a public hearing. Rev. Ord. 9-03 (July 2003)

8.80.040 Development Standards and Regulations.

A building permit for a second unit will only be issued if it complies with the following development standards:

A.    Permitted in the R-1 District and Certain Planned Development Districts. A second unit may only be permitted in the R-1 zoning district and in a Planned Development zoning district which specifically allows second units or in a Planned Development zoning district which is subject to underlying R-1 standards where second units are not specifically prohibited by the PD regulations. Any PD development regulations that are more restrictive than this Chapter shall be superseded by this Chapter and shall be subject to the requirements of this Chapter. Rev. Ord. 1-19 (January 2019)

B.    Existing Detached Single-Family Dwelling Unit. The lot on which a second unit is located shall contain a legal existing, detached, single-family dwelling unit.

C.    Maximum of One Second Unit Per Lot. There shall be a maximum of one second unit per lot.

D.    Unit Size. The total floor area of an attached or detached second unit shall be not less than 275 square feet, nor more than 1,200 square feet. Further, in no case shall an attached second unit exceed 50% of the existing living area of the existing single-family residence. For the purposes of this section “living area” shall mean the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

E.    R-1 Development Standards. The second unit shall conform to the development standards of the R-1 zoning district except as follows:

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

2.    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.

3.    As specified in this Chapter or by State law.

F.    Parking. The second unit shall be provided with one additional off-street parking space in accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading Regulations, except that the space may be compact, may be uncovered, and may be in tandem with the required parking of the principal dwelling unit. A curb cut shall be provided to City standards. The second unit parking shall be in addition to parking required for the dwelling unit. The additional off-street parking space is not required in any of the following instances:

1.    The second unit is located within one-half mile radius of a public transit stop.

2.    The second unit is located within an architecturally and historically significant historic district.

3.    The second unit is within the existing primary residence or an existing accessory structure.

4.    When on-street parking permits are required but not offered to the occupant of the second unit.

5.    When there is a car share vehicle located within one block of the second unit.

G.    Public Utilities and Services. Second units shall be served by public water and sewer and shall have access to an improved public street.

H.    Design Compatibility. The second unit shall incorporate the same or similar design features, building materials, colors, and landscaping as the existing residence to give the appearance of a single-family residence.

I.    Entrance Visibility. The entrance of a second unit shall not be visible from the street.

J.    Coverage. The principal residence and second unit combined shall not cover more than 60% of the lot.

K.    Occupancy.

1.    Applications shall be limited to owner-occupants.

2.    No more than one dwelling unit on the parcel shall be rented or leased. The rental or lease period shall be longer than 30 days.

3.    The owner of the lot may occupy either the principal residence or the second unit.

4.    Either of the units may remain vacant.

5.    The second unit shall not be sold separately.

6.    No subdivision shall be allowed unless the division meets the applicable requirements of Titles 8 and 9.

L.    Building Setbacks. If the second unit is detached from the principal residence on the site, the distance between the structures shall be determined by Chapter 7.34, Residential Code. Rev. Ord. 1-17 (February 2017); Ord. 9-03 (July 2003)

8.80.050 Submittal Procedures.

The application for a second unit shall be submitted to the Community Development Department with submittal of an application for a building permit. In addition to the standard submittal requirements for a building permit, the second dwelling unit application package shall include the following:

A.    Site Plan. The plan shall be drawn to scale, showing the dimensions of the perimeter of the parcel on which the second unit will be located. Indicate the location and dimensioned setbacks of all existing and proposed structures on the project site.

B.    Lot Coverage. Calculations indicating the square footage of the structure and the lot, and include calculations on the plan for the percentage of lot area covered by the foundation of the new and existing dwelling units.

C.    Elevations. North, south, east and west elevation which show all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed second unit.

D.    Utility and Service Information. Provide information on available utility easements, services and connections. Include information on roadway access to the site.

E.    Color Photographs. Provide color photographs of the site. The photos shall be taken from each of the property lines of the project site to show the site. Label each photograph and reference to a separate site plan indicating the location and direction of the photograph.

F.    Building Permit Issuance. The Community Development Department shall issue a building permit for the second unit if all submittal requirements are met, and if it conforms to the specific standards contained in Section 8.80.040, Development Standards and Regulations. Rev. Ord. 1-17 (February 2017); Ord. 9-03 (July 2003)