Chapter 23.90
ACCESSORY DWELLING UNITS

Sections:

23.90.010    Purpose.

23.90.020    Definitions.

23.90.030    Allowed use provisions.

23.90.040    Development standards.

23.90.010 Purpose.

The purpose of this chapter is to regulate accessory dwelling units in residential zoning districts and on residential property consistent with State law (Sections 65852.1 through 65852.2 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. 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. 8-2011 §38(A), eff. 6-24-2011]

23.90.030 Allowed use provisions.

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 a residential use that do not exceed 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. [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 65852.2 of the Government Code, accessory dwelling units shall be permitted on single-family residential parcels by the Development Services Director when the following conditions are met. All other development standards shall be in compliance with the underlying zone district.

A. Accessory dwelling units shall only be located on lots with an area of six thousand (6,000 ft2) square feet or larger.

B. Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.

C. No more than one (1) accessory dwelling unit shall be allowed per parcel.

D. The property owner shall occupy either the primary unit or accessory dwelling unit.

E. An accessory dwelling unit shall not exceed one thousand two hundred (1,200 ft2) square feet, excluding garage area. If an accessory dwelling unit includes an attached garage or other unfinished space, the characterization of the structure shall be based upon which use encompasses the greater square footage. If the square footage of the attached garage or other unfinished space exceeds the square footage of the habitable area, the structure shall be deemed to be an accessory structure and shall be subject to the development standards identified in EGMC Chapter 23.46.

F. The maximum building coverage, including an accessory dwelling unit, is five (5%) percent above the maximum lot coverage as set forth in this code for the underlying zoning district.

G. Building setbacks for attached accessory dwelling units shall comply with all required building setbacks for the primary unit. Within the agricultural and agricultural-residential zoning districts, the building setbacks for detached accessory dwelling units shall not be less than the height of the structure at the highest point, with a minimum distance of ten (10' 0") feet between structures (see Figure 23.90.040-1). Building setbacks for detached accessory dwelling units within all other residential zones shall be the same as the underlying zoning district for front and street side yards, five (5' 0") feet from interior and rear yard property lines, with a minimum distance of ten (10' 0") feet between structures (see Figure 23.090.040-2). Roof overhangs into required setback areas shall be governed by EGMC Chapter 23.64, Yard Measurements and Projections.

Figure 23.90.040-1

Accessory Dwelling Units in AG/AR Zones

Figure 23.90.040-2

Accessory Dwelling Units in All Other Residential Zones

H. The maximum height of a detached accessory dwelling unit shall not exceed the height of the primary dwelling unit within the building envelope, while detached accessory dwelling units (or portions thereof) may not exceed sixteen (16' 0") feet in the required yard area. Within the agricultural and agricultural-residential zoning districts, the maximum height of a detached structure shall be thirty (30' 0") feet. (See Chapter 23.64 EGMC, Yard Measurements and Projections, for description of required yard area.)

I. No accessory dwelling unit may be sold separately from the primary dwelling unit.

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 of public transit.

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.

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. [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]