Chapter 17.105
ACCESSORY DWELLING UNITS
Sections:
17.105.010 Purpose, applicability and where permitted.
17.105.040 Accessory dwelling units subject to mandatory approval.
17.105.050 Accessory dwelling units in the historic district.
17.105.060 Limitation on unit combinations in single-unit zones.
17.105.070 Single-unit zones: Detached accessory dwelling unit.
17.105.080 Single-unit zones: Attached accessory dwelling unit.
17.105.090 Single-unit zones: Junior accessory dwelling unit.
17.105.100 Two-unit and multi-unit zones.
17.105.110 Additional standards applicable to attached and detached units.
17.105.120 Additional standards applicable to converted accessory dwelling units.
17.105.130 Standards applicable to junior accessory dwelling units.
17.105.140 Additional standards applicable to all accessory dwelling units.
17.105.150 All zones—Design standards.
17.105.160 Historic district zones—Design standards.
17.105.170 Permits and action on an application.
17.105.010 Purpose, applicability and where permitted.
A. Purpose. This chapter establishes regulations and procedures for reviewing and permitting accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852.2 and 65852.22.
B. Applicability. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit or a junior accessory dwelling unit shall comply with the requirements of this chapter and the city’s building and fire codes. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this chapter shall not be:
1. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
2. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
3. Considered in the application of any city ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition as defined in Chapter 17.02 (Definitions). This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C. Where Permitted. Accessory dwelling units are allowed on parcels zoned for single-unit, two-unit, or multi-unit residential uses where such parcel includes a proposed or existing dwelling. (Ord. 1306 § 4 (part), 2020)
17.105.020 Definitions.
A. “Accessory dwelling unit” means a residential dwelling unit that is either attached to or located within a proposed or existing primary dwelling or is detached from the proposed or existing primary dwelling and located on the same parcel as the proposed or existing primary dwelling. An accessory dwelling unit provides complete independent living facilities for one or more persons and includes a separate exterior entrance in addition to permanent provisions for living, sleeping, eating, cooking (including a sink), and a bathroom. Accessory dwelling units include efficiency units, as defined in Section 17958.1 of the Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same parcel.
C. “Car share” means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.
D. “Efficiency kitchen” is defined for purposes of establishing a junior accessory dwelling unit as a cooking facility that includes all of the following:
1. A sink with a drain.
2. A cooking facility with appliances.
3. A food preparation counter.
4. Food storage cabinets.
E. “Independent living facilities” means a residential dwelling unit having permanent provisions for living, sleeping, eating, cooking, and sanitation.
F. “Living area” means the interior habitable area of a dwelling unit, including habitable basements and attics, but does not include a garage or any accessory structure.
G. “Passageway” means a pathway that extends from a street or alley to one entrance of the accessory dwelling unit.
H. “Public transit” means a location, including but not limited to a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
I. “Single-unit, two-unit, and multi-unit” mean the same, respectively, as single-family, duplex, and multi-family residential units.
J. “Tandem parking” means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.
Tandem Parking
(Ord. 1306 § 4 (part), 2020)
17.105.030 Types.
An accessory dwelling unit approved under this chapter shall be one of the following types:
A. Attached. An accessory dwelling unit that is created as a result of new construction which is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling. An attached accessory dwelling unit can also be constructed within an existing or proposed primary dwelling.
B. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the primary dwelling. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling. Detached includes a second-story addition above an existing detached garage.
C. Converted. An accessory dwelling unit that meets the following requirements:
1. Is located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, detached garage, or other similar structure. Such conversion may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.
2. The proposed conversion of a structure into an accessory dwelling unit that does not satisfy the requirements of subsection (C)(1) of this section shall either be defined by the director as an attached accessory dwelling unit, a detached accessory dwelling unit, or a junior accessory dwelling unit, or shall be defined as an accessory structure and not an accessory dwelling unit.
D. Junior Accessory Dwelling Unit. An accessory dwelling unit that is a unit that meets all the following:
1. Is no more than five hundred square feet in size and contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
2. Is located and contained entirely within a proposed single-unit primary dwelling or entirely within an existing single-unit primary dwelling.
3. Has a separate entrance from the main entrance to the proposed or existing single-unit dwelling.
4. Has a bathroom that is either shared with or separate from those of the primary dwelling.
5. Includes an efficiency kitchen. (Ord. 1306 § 4 (part), 2020)
17.105.040 Accessory dwelling units subject to mandatory approval.
The city shall approve any application for an accessory dwelling unit or junior accessory dwelling unit as described in this section, provided all requirements applicable for the particular application in this chapter are met. However, in no case shall the application of the requirements of this chapter preclude the development of:
A. Any accessory dwelling unit that is eight hundred square feet or smaller in size, has a peak height above grade of no more than sixteen feet, and has a minimum four-foot-wide side and rear yard setbacks; and
B. Any junior accessory dwelling unit that is five hundred square feet or smaller in size. (Ord. 1306 § 4 (part), 2020)
17.105.050 Accessory dwelling units in the historic district.
Within the city’s historic district or within any historic district zone, the city shall approve any application for an accessory dwelling unit or junior accessory dwelling unit as described in this chapter, provided all applicable requirements of this chapter, and specifically Section 17.105.160, are met. However, in no case shall the application of the requirements of this chapter, and Section 17.105.160 specifically, preclude the development of any detached or attached accessory dwelling unit that is eight hundred square feet or smaller in size, has a peak height above grade of sixteen feet or lower, and has minimum four-foot side and rear yard setbacks. (Ord. 1306 § 4 (part), 2020)
17.105.060 Limitation on unit combinations in single-unit zones.
Accessory dwelling units are permitted in single-unit zones with an existing or proposed single-unit dwelling as long as the number does not exceed either:
A. One attached accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure, plus one junior accessory dwelling unit; or
B. One detached accessory dwelling unit which does not have less than four-foot side and rear yard setbacks, does not exceed a height limit of sixteen feet, and is no more than eight hundred square feet in total floor area, plus one junior accessory dwelling unit. (Ord. 1306 § 4 (part), 2020)
17.105.070 Single-unit zones: Detached accessory dwelling unit.
A. Generally. One detached accessory dwelling unit of new construction shall be allowed on a parcel with an existing or proposed single-unit dwelling if it meets all the following requirements:
1. Location. Is detached from the primary dwelling.
2. Size. At a minimum meets the requirements of an efficiency unit and at a maximum shall not exceed eight hundred fifty square feet if it has no more than one bedroom or one thousand square feet if it has two or more bedrooms.
3. Setbacks. Has a front yard setback that is not less than the required front yard setback of the primary structure, has side and rear setbacks of at least four feet, and complies with applicable building and fire codes.
4. Height. Does not exceed a height of sixteen feet, excepting the creation of a converted accessory dwelling unit within the existing space of an existing detached accessory structure.
B. Setback and Height Limitations.
1. Historic District. In the historic district, any proposed detached accessory dwelling unit that exceeds a height of sixteen feet shall be subject to review by the historic district commission in compliance with the provisions of Sections 17.52.300 through 17.52.350, inclusive.
2. All Other Locations. Any proposed detached accessory dwelling unit that exceeds a height of sixteen feet shall be subject to review by the community development director in compliance with Section 17.06.040.
3. Limitation on Height Over Sixteen Feet. In no event shall any detached accessory dwelling unit in the historic district exceed twenty-five feet in height or the height of the existing primary dwelling, whichever is less. For any property outside of the historic district, in no event shall any detached accessory dwelling unit exceed thirty feet in height or the height of the existing primary dwelling, whichever is less.
4. Increased Setbacks for Structures Over Sixteen Feet in Height. Notwithstanding the setback standards in subsection A of this section, any detached accessory dwelling unit over sixteen feet must comply with the design standards set forth in Sections 17.105.150 and 17.105.160 for an accessory dwelling unit in the historic district, or Section 17.105.150 for an accessory dwelling unit located outside of the historic district. (Ord. 1306 § 4 (part), 2020)
17.105.080 Single-unit zones: Attached accessory dwelling unit.
A. Generally. One attached accessory dwelling unit shall be allowed on single-unit parcels if it meets all the following requirements:
1. Location. Shares at least one common wall with the primary structure.
2. Size. At a minimum meets the requirements of an efficiency unit, and at a maximum does not exceed eight hundred fifty square feet if it has no more than one bedroom or one thousand square feet if it has two or more bedrooms. Subject to the foregoing maximum size limitation, if there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary dwelling or eight hundred square feet, whichever is greater.
3. Setbacks. Has a front yard setback of at least twenty feet, has side and rear setbacks of at least four feet, and complies with applicable building and fire codes.
4. Height. Does not exceed a height of sixteen feet, excepting the creation of a converted accessory dwelling unit within the existing space of the primary dwelling.
5. Access. Has exterior access that is separate from the proposed or existing single-unit dwelling.
B. Setback and Height Limitations.
1. Historic District. In the historic district, any proposed attached accessory dwelling unit that exceeds a height of sixteen feet shall be subject to review by the historic district commission in compliance with the provisions of Sections 17.52.300 through 17.52.350, inclusive.
2. All Other Locations. Any proposed attached accessory dwelling unit that exceeds a height of sixteen feet shall be subject to review by the community development director in compliance with Section 17.06.040.
3. Limitation on Height Over Sixteen Feet. In no event shall any attached accessory dwelling unit in the historic district exceed twenty-five feet in height or the height of the existing primary dwelling, whichever is less. For any property outside of the historic district, in no event shall any attached accessory dwelling unit exceed thirty feet in height or the height of the existing primary dwelling, whichever is less.
4. Attached to Primary Dwelling. Any attached accessory dwelling unit over sixteen feet in height that is attached to a primary dwelling shall conform to the setback and height standards for the zone in which the accessory dwelling unit is located.
5. Attached to an Existing Accessory Structure. Any attached accessory dwelling unit over sixteen feet in height—inclusive of the structure to which it is attached—that is built on top of an existing accessory structure, such as a garage, may maintain the same side and rear setbacks as that of the accessory structure unless the accessory dwelling unit cannot meet the design standards set forth in Sections 17.105.150 and 17.105.160 for an accessory dwelling unit in the historic district, or in Section 17.105.150 for an accessory dwelling unit located outside of the historic district. (Ord. 1306 § 4 (part), 2020)
17.105.090 Single-unit zones: Junior accessory dwelling unit.
One junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling, if the junior accessory dwelling unit meets all the following requirements:
A. Location. Is within the proposed space of a single-unit dwelling or within the existing space of a single-unit dwelling.
B. Size. At a minimum meets the requirements of an efficiency unit and at a maximum does not exceed five hundred square feet.
C. Setbacks. No adjustment to the existing setback is required for an existing living area that is converted to a junior accessory dwelling unit; however, the junior accessory dwelling unit must comply with applicable fire and building codes.
D. Access. Has exterior access that is independent of that for the proposed or existing single-unit dwelling.
E. Additional Requirements. The junior accessory dwelling unit shall comply with the requirements of Section 17.105.130. (Ord. 1306 § 4 (part), 2020)
17.105.100 Two-unit and multi-unit zones.
Accessory dwelling units are permitted in two-unit and multi-unit zones as follows:
A. Converted Spaces within a Multi-Unit Development. At least one accessory dwelling unit shall be allowed on a parcel with an existing two-unit or multi-unit structure or structures used for residential use if each accessory dwelling unit meets all the following requirements:
1. Location. Is converted from portions of a multi-unit structure that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.
2. Number. The total number of accessory dwelling units within the development does not exceed twenty-five percent of the original number of approved primary units within the development. When calculating the required number of allowed accessory dwelling units, any fractions of units shall be rounded to the next larger whole number.
B. Detached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit structure exists if each of the detached accessory dwelling units meets all the following requirements:
1. Location. Is detached from the multi-unit structure.
2. Height. Has a peak height above grade of sixteen feet or less.
3. Setbacks. Has side and rear yard setbacks of at least four feet and complies with applicable building and fire codes. (Ord. 1306 § 4 (part), 2020)
17.105.110 Additional standards applicable to attached and detached units.
The following standards shall apply to all attached and detached accessory dwelling units in all zones that allow single-family unit, two-unit, and multi-unit dwellings. However, in no event shall these provisions preclude an accessory dwelling unit that is eight hundred square feet or smaller in size, has a peak height above grade of sixteen feet or lower, and has minimum four-foot side and rear yard setbacks.
A. Location. Every part of a detached accessory dwelling unit shall be located behind the front plane of the primary dwelling.
Location of Detached Accessory Dwelling Unit
B. Corner Lots. No accessory dwelling unit shall extend beyond a four-foot interior and street-side side yard setback, and in no case shall the accessory dwelling unit break the front plane of the primary dwelling.
C. Easements. The accessory dwelling unit shall not encroach onto a recorded easement.
D. Separation. Detached accessory dwelling units shall be located at least six feet from the primary dwelling or an accessory structure on the same parcel other than a fence or a wall.
E. Parcel Coverage. For any attached or detached accessory dwelling unit that is larger than eight hundred square feet, the parcel coverage standard and pervious surface standard, if applicable, for the zone in which it is located shall apply.
F. Rear Yard Coverage. Notwithstanding the standards in subsection E of this section, the area covered by an accessory dwelling unit shall not exceed forty percent of the rear yard or at least eight hundred square feet, whichever is greater.
G. Open Space. Accessory dwelling units shall not encroach into required open space areas.
H. Kitchen. An applicant may choose to include an efficiency kitchen as defined in Section 17.105.020(D) to satisfy the cooking requirement for any accessory dwelling unit as set forth in the definition in Section 17.105.020(A).
I. Utilities. The city shall not require the applicant to install a new or separate utility connection directly between the attached or detached accessory dwelling unit and the utility unless the utility connection is required by the utility provider. The applicant may voluntarily install a new or separate utility connection. Any utility charges or fees must be consistent with California Government Code Section 65852.2.
J. Addressing.
1. An accessory dwelling unit located on a parcel with a single-unit residence must have its own address. The address shall be the same address as the primary residence but with 1/2 following the residence number. For example: 50 1/2 Natoma Street, Folsom, CA 95630 would be the address for the accessory dwelling unit at 50 Natoma Street. If more than one accessory dwelling unit, including junior accessory dwelling units, is present, then the address shall be the same as the primary residence followed by Unit A, Unit B, or Unit C, etc. For example, 50 Natoma Street Unit A and 50 Natoma Street Unit B would be the addresses for each of the two accessory dwelling units located at 50 Natoma Street. The primary residence address will remain the same.
2. For multifamily developments with accessory dwelling units, an individual unit number will be assigned to each unit such as Unit 58, etc.
K. Parking. One off-street parking space is required for each attached and detached accessory dwelling unit. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property. This space may be provided as tandem parking, including on a paved driveway. Notwithstanding the requirements of Section 17.57.040 (Off-street parking requirements), no parking shall be permitted in the front yard other than on the paved driveway. The parking must be located on site and accessible by a paved pathway. Additional paving of the front driveway shall be subject to the requirements of Section 10.20.470 (Parking on lawns and yards) and, if located in the historic district, may be subject to additional front yard landscaping requirements. Parking spaces may also be provided through a mechanical vehicle parking lift if located in an enclosed parking garage.
Acceptable Location of Parking for Attached and Detached Accessory Dwelling Units
Prohibited Locations for Parking 
Prohibited Locations for Parking (continued)
1. Replacement. When a garage, carport, parking space, or covered parking structure providing required parking for the primary residence or residences is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.
2. Additional parking for an accessory dwelling unit is not required in the following instances:
a. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Section 17.105.020, including transit stations and bus stations.
b. The accessory dwelling unit is located within the historic district.
c. When on-street parking permits are required by the city but not offered to the occupant of the accessory dwelling unit.
d. When there is a car share vehicle located within one block of the accessory dwelling unit. (Ord. 1306 § 4 (part), 2020)
17.105.120 Additional standards applicable to converted accessory dwelling units.
The following standards apply only to converted accessory dwelling units. However, in no event shall these provisions preclude a converted accessory dwelling unit that is eight hundred square feet or smaller in size, has a peak height above grade of sixteen feet or lower, and has minimum four-foot side and rear yard setbacks.
A. Size. At a minimum meets the requirements of an efficiency unit and at a maximum shall not exceed eight hundred fifty square feet if it has no more than one bedroom or one thousand square feet if it has two or more bedrooms.
B. Height. The height of the existing structure being converted to an accessory dwelling unit shall not be increased.
C. Design Standards. No design standards shall be applied.
D. Setbacks. No new setback is required for an existing living area or accessory structure that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit that has the same dimensions as the existing structure. The only exception is if up to an additional one hundred fifty square feet is necessary to allow for ingress and egress (entry and exiting). In that case, the side and rear setbacks may be reduced to no less than four feet from the property line. If the setback is reduced, the accessory dwelling unit must still comply with applicable building and fire codes.
E. Utilities. A converted accessory dwelling unit is not required to have a new or separate utility connection directly between the accessory dwelling unit and the utility, nor is a connection fee or capacity charge required. The applicant may voluntarily install a new or separate utility connection. Any utility charges or fees shall be consistent with Government Code Section 65852.2.
F. Parking. No replacement of off-street parking is required when a garage, carport, or covered parking structure is converted to an accessory dwelling unit. In all other situations where off-street parking is required for a converted accessory dwelling unit, the parking requirement shall not exceed one parking space per converted accessory dwelling unit or per bedroom, whichever is less. The off-street parking spaces may be provided as tandem parking on a driveway or in rear yard setback areas on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift if located in an enclosed parking garage. Notwithstanding the foregoing, replacement or additional parking shall not be required for converted accessory dwelling units in instances described in Section 17.105.110(H). (Ord. 1306 § 4 (part), 2020)
17.105.130 Standards applicable to junior accessory dwelling units.
The following shall apply to all junior accessory dwelling units:
A. Location. The junior accessory dwelling unit shall be located entirely within a proposed single-unit primary dwelling or entirely within an existing single-unit primary dwelling.
B. Size. The total area of floor space for a junior accessory dwelling unit shall not exceed five hundred square feet.
C. Access. Access shall consist of a separate entrance from the main entrance to the proposed or existing single-unit primary dwelling.
D. Efficiency Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen.
E. Utilities. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees. No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required. The applicant may voluntarily install a submeter for the accessory dwelling unit. Any utility charges or fees shall be consistent with Government Code Section 65852.2.
F. Parking. No additional off-street parking is required for the junior accessory dwelling unit.
G. Owner Occupancy Requirements. All junior accessory dwelling units shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the primary single-unit dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or nonprofit housing organization.
H. Setbacks. No setback is required unless necessary to comply with fire and building codes.
I. Number. The total number of junior accessory dwelling units is limited to one per residential parcel zoned for single-unit residences with a single-unit residence built, or proposed to be built, on the parcel.
J. Zone. Junior accessory dwelling units are permitted only in single-unit residential zones.
K. Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the city attorney and shall provide that:
1. The junior accessory dwelling units shall not be sold separately from the primary dwelling.
2. The junior accessory dwelling units are restricted to the approved size and other attributes allowed by this chapter.
3. The deed restriction shall run with the land and shall be enforced against future property owners. (Ord. 1306 § 4 (part), 2020)
17.105.140 Additional standards applicable to all accessory dwelling units.
The following standards shall apply to all accessory dwelling units and junior accessory dwelling units.
A. Parcel Size and Width. No minimum parcel size or parcel width shall apply to the construction of an accessory dwelling unit.
B. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling. The entrance to the accessory dwelling unit shall, whenever possible, be located on a different side of the building from the entrance to the primary dwelling unit.
C. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.
D. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling.
E. Septic System. If allowed by the city, the accessory dwelling unit may connect to an onsite water-treatment system. The owner shall include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. Such test must demonstrate the ability of the site to accommodate waste discharge associated with the accessory dwelling unit.
F. Permanent Foundations.
1. All accessory dwelling units shall be permanently attached to a permanent foundation.
2. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.
G. Design. The design standards set forth in Section 17.105.160 shall apply to all accessory dwelling units in the historic district, and the standards set forth in Section 17.105.150 shall apply to all accessory dwelling units in other parts of the city. Design standards do not apply to converted accessory dwelling units.
H. Nonconforming Conditions. The correction of a physical improvement on a property that does not conform with the city’s current zoning standards is not required in order to establish an accessory dwelling unit or a junior accessory dwelling unit on a parcel with a primary dwelling.
I. No Separate Conveyance. No accessory dwelling unit may be sold or otherwise conveyed separately from the primary dwelling in the case of a single-unit parcel, or from the parcel and all of the dwellings in the case of a multi-unit parcel.
J. Rental Term. The accessory dwelling unit may be rented separate from the primary residence; however, the rental must be for a term longer than thirty days.
K. Owner Occupancy Requirements.
1. Established before January 1, 2025. Accessory dwelling units established before January 1, 2025 shall not be subject to any owner-occupancy requirement, except as required for junior accessory dwelling units.
2. Established on or after January 1, 2025. Accessory dwelling units shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the primary single-unit dwelling shall reside on the property in either the primary unit or the accessory dwelling unit as that person’s legal domicile and permanent residence.
3. Junior Accessory Dwelling Units. Junior accessory dwelling units established at any time shall be subject to the owner-occupancy requirement in Section 17.105.130.
L. Impact Fees.
1. No city-imposed impact fees shall be charged to an accessory dwelling unit that is less than seven hundred fifty square feet in size.
2. For accessory dwelling units seven hundred fifty square feet or larger, city-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling).
3. For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service, nor do they include charges for garbage or recycling service.
4. If any agency or special district other than the city imposes impact fees collected by the city, the city shall collect such fees in accordance with such agency’s or district’s fee schedule. (Ord. 1306 § 4 (part), 2020)
17.105.150 All zones—Design standards.
For all accessory dwelling units that are larger than eight hundred square feet or taller than sixteen feet, except for converted accessory dwelling units, the following design standards shall apply. The city’s accessory dwelling unit design workbook provides illustrated examples of these design standards and styles, as well as other design ideas.
A. All exterior walls shall include at least two different materials, as well as either windows or projections or bays or recessed elements.
B. The accessory dwelling unit shall have the same roof pitch as the primary dwelling with matching eave details but may vary by up to 2/12 more or 2/12 less than the roof pitch of the primary dwelling. However, if the unit is located in the historic district, it must follow the roof pitch requirements for design style allowed in that zone or subarea.
C. Where the accessory dwelling unit is two stories or constructed as the second story of a garage or other accessory structure, to maintain privacy of the occupants of the unit and residents of abutting properties, the following standards shall apply:
1. Any second story wall facing an abutting property shall incorporate the following features: translucent glazed windows, transom windows, clerestory windows, false windows, or other similar design approach that achieves the same purpose.
2. The landing area of any external staircase shall be screened from the bottom of the landing to the top of the entry of the accessory dwelling unit to maintain the privacy of abutting properties. Materials used to screen the landing shall be of the same color and material as those used for the accessory dwelling unit.
D. If the accessory dwelling unit is two stories or constructed as the second story of a garage or other accessory structure, the building massing shall be modified using one of the following methods:
1. Use of at least two different building materials (e.g., stone, shingles, siding, stucco, etc.).
2. Use of recessed or projecting windows, doors, or parts of the wall to avoid flat monotonous facades. Recessed windows and doors shall project a minimum of six inches or shall be recessed a minimum of six inches. Any projection must be behind the parcel side or rear yard setback line.
3. Use of cantilevered areas so long as area does not extend beyond the side or rear yard setback.
4. Use of varied roof form such as a mix of different roof types (e.g., hipped, gabled, slant, etc.).
E. If the accessory dwelling unit is two stories or constructed as the second story of a garage or other accessory structure, no decks or balconies shall be allowed, except that one balcony no larger than twenty square feet shall be allowed on the front facade.
F. For any accessory dwelling unit that is two stories or constructed as the second story of a garage or other accessory structure, if any external staircase is necessary to access the unit, that staircase shall be located at the side or rear of the unit and shall be at least five feet from the adjacent property line. (Ord. 1306 § 4 (part), 2020)
17.105.160 Historic district zones—Design standards.
A. In addition to the provisions of Section 17.105.150, the following objective design standards shall apply to all accessory dwelling units located in a historic district zone that are larger than eight hundred square feet or greater than sixteen feet in height, except for converted accessory dwelling units. The city’s Accessory Dwelling Unit Design Workbook provides illustrated examples of the historic district design styles and standards.
B. Architectural Style. The architectural styles in the historic district reflect the types of design during the period from the 1850s to 1950s. The applicant for an accessory dwelling unit shall select an appropriate architectural style for the historic district zone or subarea in which it is located and shall meet all required design elements. Acceptable styles by zone and subarea are as follows:
1. Craftsman, Queen Anne, Delta, Italianate, Spanish Eclectic: acceptable in all historic district zones and subareas.
2. 1950s Ranch Style and Contemporary Style: only acceptable in the Persifer-Dean subarea and The Preserve subarea.
C. Required Design Elements. The specified design elements for each architectural style are as set forth as follows:
1. Craftsman Style.
a. A roof pitch between 3/12 and 8/12.
b. Front-gabled, side-gabled or cross-gabled roof with unenclosed eave overhang.
c. Exposed roof rafters and/or braces under gables (i.e., knee braces or corbels).
d. Single- or double-hung sash windows with small panes above large pane (e.g., three small panes over one large pane, or six-over-one window) for all windows on the front elevation.
e. Horizontal clapboard or shingle siding that is two and one-half to six inches wide or board and batten or a mix of shingles, stone, and siding for different levels or elements may be used. Fiber cement board and shingles may be used in place of wood siding or shingles.
f. Optional: Shed or gabled roof dormer.
g. Optional: Entry porch under roofline with roof supported by tapered or square columns with square bases that extend to the ground.
2. Queen Anne Style.
a. A steep roof pitch between 8/12 and 18/12.
b. Hipped roof or gabled roof.
c. Scalloped shingles with window or vent at end of forward-facing gable.
d. Vertical rectangular single or double hung windows with small pane above large pane on the front elevation.
e. Vertical windows must be at least two feet tall for every one foot wide and not more than three and one-half feet tall for every one foot wide, whenever possible.
f. Horizontal siding that is two and one-half to six inches wide.
g. Optional: Forward-facing gable.
h. Optional: Entry porch with narrow columns.
i. Optional: Multiple gables and dormers.
j. Optional: Angled bay cut-away.
3. Delta Style.
a. Single-front gabled roof.
b. Rectangular vent at end of front-facing gable.
c. Roof pitch of 6/12 to 12/12.
d. Soffited eaves.
e. Tall, narrow windows that must be at least two feet tall for every one foot wide, whenever possible, with plain, simple trim measuring no more than three and one-half inches wide surrounding all sides of the window.
f. Horizontal clapboard siding two and one-half to six inches wide or board and batten siding. Fiber cement board and shingles may be used in place of wood siding or shingles.
g. Optional: Low-pitched porch with rails and with roof supported by narrow square posts that extend to the ground.
4. Italianate Style.
a. Low-pitched hip roof between 3/12 and 6/12.
b. Overhanging eaves supported with decorative brackets.
c. Large, decorative brackets under an ornamental cornice.
d. Paneled wood doors.
e. Tall, narrow windows that must be at least two feet tall for every one foot wide, and not more than three feet, six inches tall for every one foot wide, whenever possible.
f. Exterior horizontal wood paneling four to six inches wide. Board and batten as well as brick and mortar siding are also acceptable. Fiber cement board and shingles may be used in place of wood siding or shingles.
g. Optional: Wrap-around porch (or smaller entry porch) with narrow double columns.
h. Optional: Angled bay in front of house.
5. Spanish Eclectic Style (also known as Spanish Revival).
a. A low-pitched roof between 2/12 and 5/12.
b. Roof shall be cross gabled, hipped, or combined hipped-and-gabled roof.
c. Maximum roof eave overhang of four inches.
d. A red or reddish-tiled roof.
e. Red or reddish tile vents.
f. Recessed doors and windows.
g. Heavy wood doors.
h. A prominent rounded arch over main door.
i. Use of casement windows.
j. A prominent rounded arch over primary large window.
k. Stucco used on all walls.
l. Optional: Uncovered porch.
6. 1950s Ranch Style.
a. Low to intermediate gable roof with a roof pitch between 3/12 and 5/12.
b. Front facing gable(s).
c. Soffited eaves.
d. Optional: Open shutters surrounding windows.
e. Smooth stucco or the use of wood shingles or siding or the equivalent (e.g., fiber cement board or shingles), board and batten, stone, and brick and mortar.
f. Optional: Small entry porch no greater than one hundred square feet.
7. Contemporary Style (from 1950s era).
a. Flat or slanted roof with pitch of 0/12 to 2/12.
b. Cantilevered soffited eaves.
c. Stucco, shingle, brick, or horizontal wood siding or the equivalent (i.e., fiber cement shingles or board).
d. Horizontal windows flush with wall casement (no recessed windows).
e. No greater than two-inch trim around windows. (Ord. 1306 § 4 (part), 2020)
17.105.170 Permits and action on an application.
A. Ministerial Action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit application that complies with the provisions of this chapter is a ministerial action not subject to discretionary review. The city has the authority to review applications for completeness and compliance with the provisions of this section.
B. Ministerial Site Plan and Design Review. Prior to submitting a building permit application to construct any accessory dwelling unit or junior accessory dwelling unit, the property owner shall obtain a ministerial site plan and design review permit from the city. The city shall issue the permit within sixty days from the date that the city received a completed application, unless either:
1. The applicant requests a delay, in which case the sixty-day time period is put on hold for the period of the requested delay; or
2. The application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to create a new single-unit dwelling on the parcel. The city may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city acts on the permit application to create the new single-unit dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing.
C. Building Permit. Any accessory dwelling unit or junior accessory dwelling unit shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. Applications for ministerial site plan and design review and a building permit may be submitted concurrently.
D. Accessory Dwelling Units Located Within Fifty Feet of the Property Line of a Listed Historic Structure. Any accessory dwelling unit proposed for construction on or within fifty feet of the property line of a parcel containing a structure listed on the California Register of Historic Resources shall have a peak height above finished grade of no more than sixteen feet.
E. Fees. All applications for accessory dwelling units must be accompanied by the required application fee. Application fees are established by council resolution. (Ord. 1306 § 4 (part), 2020)