Chapter 17.70
ACCESSORY DWELLING UNITS
Sections:
17.70.030 Accessory dwelling unit standards.
17.70.040 Accessory dwelling unit permit.
17.70.010 Definition.
Accessory Dwelling Unit. An accessory dwelling unit is an independent habitable living unit, with a kitchen, bath facilities, and its own entryway, which is: (1) within or attached to an owner-occupied single-family residential dwelling, or (2) within a separate detached accessory structure, or above a detached garage, on a single-family lot. Does not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels. [Ord. O-41-2021 § 1 (Exh. A)].
17.70.020 Purpose and intent.
This chapter provides a process to allow affordable housing within the city through accessory dwelling units within single-family detached dwellings or in separate detached structures in zoning districts specified in this title. The standards in this chapter include reasonable limitations to minimize impact on neighboring properties. [Ord. O-41-2021 § 1 (Exh. A)].
17.70.030 Accessory dwelling unit standards.
Proposed accessory dwelling units must be in compliance with the following criteria to ensure that health and safety considerations are addressed and that the residential characteristics of neighborhoods are preserved. Accessory dwelling units are to be clearly incidental and secondary to the primary residential use of the property. The approval criteria include:
A. Number of Accessory Dwelling Units. A maximum of one accessory dwelling unit is allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in a detached accessory structure associated with a single-family dwelling.
B. Occupancy and Owner Occupation. The owner(s) of the residence shall live in the dwelling in which the ADU was created (either in the primary unit or in the ADU), except for bona fide temporary absences. The occupants of the ADU shall be related to each other by blood, marriage, or adoption; or consist of no more than two unrelated individuals living as a single housekeeping unit. The occupants of the ADU shall not sublease a portion of the unit to other individuals. The following are not considered accessory dwelling unit uses and do not fall under the regulation of this chapter: occupation by a live-in maid, in-home nurse, nanny or any other person or persons who are provided a place to live as part of their employment with, or services they provide to, the owner/resident of the dwelling; or while a family member is called up for military service, etc.; and any occupation by individuals related by blood or marriage.
C. Code Compliance. The accessory dwelling unit shall conform to all applicable standards in the International Fire Code and International Residential Code.
D. Location and Type. Accessory dwelling units may be allowed within or attached to the main single-family residential dwelling, over the garage (attached or detached), or in a detached accessory structure (cottage home, casita, guest house), where permitted by EMMC 17.25.030.
1. ADU – Basement. An accessory dwelling unit in a basement must have a separate exterior entrance located on either the side or the rear of the building. An internal connection to the primary dwelling is not required.
2. ADU – Attached. Accessory dwelling units attached to the primary dwelling as an addition shall meet all minimum setback standards required for the primary dwelling, as found in EMMC 17.25.040. Attached ADUs must have a separate entrance located on the side or in the rear of the building. An internal connection to the primary dwelling is not required.
3. ADU – Detached.
a. Maximum Height. Maximum height of accessory dwelling units located above a garage is 35 feet. Standalone units may not exceed two stories and 35 feet in height.
b. Size. The living space of a detached accessory dwelling unit must be a minimum of 400 square feet, up to a maximum of 1,200 square feet. Detached accessory dwelling units may not have more than two bedrooms and must be permanently connected to utilities, attached to a site-built permanent foundation which complies with building code, and must comply with all other applicable standards of this chapter. A building permit and inspections are required for construction of the foundation and installation of the structure and connection to utilities.
c. Setbacks. Detached accessory dwelling units must meet the same front, side, and rear yard setbacks as the primary dwelling and be located at least six feet from the primary dwelling.
d. Street Frontage. The lot must have a minimum street frontage of 70 feet to receive approval for a detached accessory dwelling unit. A smaller-frontage lot may be approved if, at the discretion of the approval authority, the lot configuration is unique and/or the primary dwelling unit is unique in size or location on the lot, and the impacts to neighbors and the street are substantially similar to those on a 70-foot-wide lot.
E. Exterior Appearance. The accessory dwelling unit shall be incorporated into the residence so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. All entrances to accessory dwelling units shall be located on the side or in the rear of the building. The architectural style, building materials, and colors of detached ADUs shall be compatible and consistent with the architectural style, materials, and color of the primary dwelling unit. If the ADU is above a detached garage, the architectural style, building materials, and colors of the ADU must match those of the garage.
F. Utilities. Detached accessory dwelling units may have separate utility meters, and all municipal utilities shall be in the property owner’s name and the property owner shall be responsible for payment of all municipal utilities.
G. Parking. Off-street parking for two vehicles shall be available for use by the tenants of the accessory dwelling unit. Driveway parking in front of a garage does not qualify, unless the accessory dwelling unit is located within such garage, in which case the required parking for the primary dwelling within an enclosed garage, as required within Chapter 17.55 EMMC, shall be provided elsewhere on the property. All parking shall be on a hard surface (concrete, asphalt, etc.). Occupants may not park on the street along the frontage of a neighboring property.
H. Address. The principal dwelling and the accessory dwelling unit shall have the same address number but shall refer to the accessory dwelling unit as unit “B.” The address must be located in a visible location on the street frontage side of the home.
I. Short-Term Rental Prohibited. Accessory dwelling units may not be rented for a period of less than 30 consecutive days. [Ord. O-03-2024 § 2 (Exh. A); Ord. O-33-2023 § 2 (Exh. A); Ord. O-17-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A)].
17.70.040 Accessory dwelling unit permit.
Any person owning an existing accessory dwelling unit that has not been permitted by the city, or any person constructing or causing construction of a residence that has an accessory dwelling unit, or any person remodeling or causing the remodeling of a residence for an accessory dwelling unit, shall obtain an accessory dwelling unit permit from the planning division of the city’s community development department. This shall be in addition to any required building permit for the work to be performed. The applicant shall obtain all necessary building permits and pay all applicable fees prior to constructing the ADU, including permits for a basement that was finished previously without a permit. Accessory dwelling units constructed without an approved accessory dwelling unit permit shall be considered illegal until a permit is submitted to and approved by the city.
A. Applications. Applicants for an accessory dwelling unit shall submit a complete application and the supporting materials listed in this section to the planning division of the community development department.
1. Owner Signature. The owner shall sign the application, agreeing to occupy the dwelling (either the primary unit or the ADU), except for bona fide temporary absences, and agreeing to comply with the standards in this chapter.
2. Site Plan. A site plan shall be provided that shows property lines, dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings to property lines, the location of required off-street parking, and utility meters.
3. Floor Plan. A detailed floor plan, to scale, showing the floor in which the accessory dwelling unit will be located, including labels on rooms indicating uses or proposed uses, shall be provided.
4. Evidence of Building Permit. Evidence shall be provided that a building permit was obtained for the building and/or area containing the accessory dwelling unit.
5. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full.
B. Planning Director or Designee Approval. The planning director or designee shall approve an accessory dwelling unit application if it is in complete compliance with all the approval criteria standards identified in this chapter. As part of the planning director’s or designee’s review, inspections may be required by the planning, building, and/or fire departments.
C. Exceptions to Standards. Accessory dwelling unit applications that deviate from the approval criteria may be considered by the planning commission in a public meeting. After conducting a public hearing and reviewing the application, the planning commission may approve, approve with conditions, or deny the application. Applicants requesting exceptions are not guaranteed approval and must provide evidence that the exceptions will not create negative impacts on neighboring properties. Conditions must be connected to the exceptions being requested, and may include increased setbacks, limitations on windows and doors adjacent to abutting property lines, privacy fencing, and additional parking.
D. Transfer of Ownership. Upon sale of the home or transfer of ownership, accessory dwelling unit permits shall remain valid so long as the accessory dwelling unit is in compliance with the city’s ordinances and conditions of approval. [Ord. O-41-2021 § 1 (Exh. A)].
17.70.050 Noncompliance.
Owners of the single-family dwelling where the accessory dwelling unit use has been approved shall be responsible for their property’s compliance with the city’s ordinances and conditions of approval. Property owners who fail to maintain or violate the city’s ordinances regulating accessory dwelling unit use or conditions upon which approval was contingent may have the accessory dwelling unit permit revoked by the planning director, designee or planning commission. Enforcement will occur in accordance with Chapter 4.10 EMMC, Article V, Administrative Code Enforcement Hearing Program. [Ord. O-41-2021 § 1 (Exh. A)].