The following definitions apply in order to enact the specific
requirements of this chapter:
Accessory dwelling unit.
An accessory dwelling unit is a unit as defined by Government
Code Section 65852.2 to mean an attached or detached residential dwelling
unit that provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living,
sleeping, eating, cooking, and shall have a bathroom, and shall be
located on the same parcel as the single-family or multifamily dwelling.
An accessory dwelling unit also includes an efficiency unit as defined
in Section 17958.1 of the
Health and Safety Code and a manufactured
home as set forth in Section 18007 of the
Health and Safety Code.
Efficiency kitchen.
An efficiency kitchen is a kitchen facility that contains
a sink with a drain, cooking appliances that do not require natural
gas, propane, or electrical service greater than one hundred twenty
volts, and a dedicated area for food preparation counter space with
storage cabinets.
Junior accessory dwelling unit.
A junior accessory dwelling unit is a unit as defined by
Government Code Section 65852.22 to mean a residential dwelling unit
that is contained entirely within the area of a single-family dwelling
that provides living facilities for up to two persons. It shall include
an efficiency kitchen, and may include a bathroom facility or share
bathroom facilities within the single-family dwelling.
Multifamily dwelling or multifamily development.
For purposes of this chapter, multifamily dwelling or multifamily
development means a structure with two or more attached dwellings
on a single parcel. Multiple detached single-family dwellings on the
same parcel are not considered multifamily dwellings or multifamily
development.
Passageway.
For the purposes of this chapter, a passageway means a pathway
that is unobstructed clear to the sky and extends from the street
to one entrance of the accessory dwelling unit.
(Ord. 766 § 2, 2021)
An accessory dwelling unit or junior accessory dwelling unit shall be approved ministerially provided all applicable requirements of this chapter are met. However, in no case shall any requirements for lot coverage, floor area ratio, open space, minimum lot size; any other requirements of this chapter; or any provisions contained elsewhere in Title
17 (Zoning) be interpreted or implemented in any manner that would preclude the development of:
A. Accessory
Dwelling Unit. Any accessory dwelling unit that is up to eight hundred
square feet in size, which has an overall height above grade of no
more than sixteen feet, and provides minimum four-foot-wide side and
rear yard setbacks.
B. Junior
Accessory Dwelling Unit. Any junior accessory dwelling unit that is
five hundred square feet or smaller in size and contained within an
existing or proposed single-family dwelling.
(Ord. 766 § 2, 2021)
The development standards of the zone in which an accessory
dwelling unit or junior accessory dwelling unit is located shall apply
unless specifically modified by the provisions within this chapter
and as follows:
A. Minimum
Parcel Area. There shall be no minimum parcel area required in order
to establish an accessory dwelling unit and/or junior accessory dwelling
unit in any zone.
B. Setback
Requirements. Accessory dwelling units and junior accessory dwelling
units shall comply with the setback requirements applicable to the
zoning district, with the following exceptions:
1. For conversion of existing enclosed floor area, garage, or carport,
no additional setback is required, beyond the setback provided for
the existing structure.
2. For replacement of an existing enclosed structure, garage, or carport,
no existing setback is required, beyond that which was existing. This
provision shall only apply to accessory dwelling units that are replacing
existing structures within the same footprint and do not increase
the existing structure's size and/or height.
3. Newly constructed accessory dwelling units shall provide a minimum
setback of four feet from all side and rear property lines, whether
attached or detached.
C. Building
Height. Newly constructed accessory dwelling units shall not exceed
an overall height above grade of sixteen feet.
D. Unit
Size. The following unit sizes shall apply:
1. The maximum size of a detached or attached accessory dwelling unit
is eight hundred fifty square feet for a unit of up to one bedroom,
and one thousand square feet for a unit with two bedrooms or more.
2. An attached accessory dwelling unit that is established on a parcel
with an existing single-family dwelling is further limited in size
to a maximum of fifty percent of the floor area of the existing single-family
dwelling up to the above stated maximum size, whichever is greater.
3. The maximum size of a junior accessory dwelling unit shall be five
hundred square feet.
4. The minimum size of an accessory dwelling unit or junior accessory
dwelling unit shall be at least that of an efficiency unit as defined
in Section 17958.1 of the
Health and Safety Code.
5. There is no size requirement or limit for an accessory dwelling unit
converting an existing accessory structure or portion of an existing
primary dwelling, unless such conversion includes more than the allowable
one hundred fifty square foot new construction necessary to provide
ingress/egress to the unit; in which case, the size limitations of
this subsection shall apply.
E. Design—General.
The exterior of an accessory dwelling unit and/or junior accessory
dwelling unit established by this chapter shall match the architectural
style, colors, finish materials, roof pitch and eave depth, windows,
doors, trim, hardware, light fixtures of the primary dwelling on the
parcel; and shall comply with any objective design standards adopted
by the city that are applicable to the zone in which it is located.
F. Design—Historic Resource. An accessory dwelling unit and/or junior accessory dwelling unit on a parcel designated as an historical resource listed on the National Register, the California Register of Historic Places, or designated as a local landmark or contributor within the Historic Mission Overlay District shall be subject to applicable requirements of Chapter
17.80 (Historic Preservation) and Chapter
17.82 (Historic Mission Overlay District) and generally to the following:
1. The establishment of the accessory dwelling unit and/or junior accessory
dwelling unit shall not result in or require a change to the street-facing
façade of the primary dwelling.
2. Any other changes required to be made to the other elevations on
the exterior of the primary dwelling shall exactly match the existing
architectural style, colors, finish materials, roof pitch and eave
depth, windows, doors, trim, hardware, light fixtures of the primary
dwelling on the parcel, and shall meet all applicable Secretary of
the Interior Standards.
3. A parcel with a valid Mills Act contract shall be subject to adhering
to the standards and conditions of that contract as may be applicable.
F.1.
Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall comply with applicable requirements of the State Fire Code as adopted, including any amendments, of Title
15 (Buildings and Construction), including any fire sprinkler requirement. If fire sprinklers are not required for the primary dwelling pursuant to the applicable sections of Title
15 (Buildings and Construction), then fire sprinklers shall not be required separately for the accessory dwelling unit and/or junior accessory dwelling unit.
G. Access.
Every accessory dwelling unit and/or junior accessory dwelling unit
shall have direct exterior access independent of the exterior access
of the primary dwelling. The entrance shall, whenever possible, be
located on a different side of the structure from the entrance to
the primary dwelling unit.
H. Passageway.
No passageway, as defined herein, shall be required in conjunction
with the construction of an accessory dwelling unit and/or junior
accessory dwelling unit.
I. Parking. Parking shall comply with the applicable requirements of Chapter
17.24 (Parking Regulations) with exception to the following:
1. One off-street parking space is required for each attached and detached
accessory dwelling unit subject to the following:
a. Parking may be provided as tandem parking, including on a paved driveway;
however, no parking shall be permitted in the front setback unless
the driveway has a minimum depth of twenty feet.
b. Parking must be located on the same parcel as the unit, on a paved
surface, without encroachment beyond the parcel boundaries, and accessible
by a paved pathway.
2. No additional parking shall be required for:
a. Junior accessory dwelling units;
b. Accessory dwelling units converted as part of a proposed or existing
space of a primary dwelling or existing accessory structure;
c. Accessory dwelling units located within one-half mile walking distance
of public transit, which shall include a bus stop where the public
may access buses that charge set fares, run on fixed routes, and are
available to the public;
d. Accessory dwelling units located within the Historic Mission Overlay
District;
e. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit; or
f. When there is a car-share vehicle, 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, located within one block of the accessory dwelling
unit.
3. Replacement. When a garage, carport, or covered parking structure
is demolished in conjunction with the construction of an accessory
dwelling unit on the same parcel or is converted to an accessory dwelling
unit, those off-street parking spaces are not required to be replaced.
This provision does not apply where a junior accessory dwelling unit
is established by conversion of any attached garage; in which case,
the loss of parking spaces serving the single-family residence shall
be replaced in kind.
J. Impact
Fees/Utility Connection. All accessory dwelling units and/or junior
accessory dwelling units shall be connected to public utilities (or
their equivalent), including water, electric, and sewer services subject
to the following:
1. The parcel owner shall be subject to the payment of all sewer, water
and other applicable fees, including impact fees set forth in Government
Code Section 66000 35 seq., except as specifically provided in Government
Code Sections 65852.2 and 65852.22. For the purposes of this subsection,
impact fees do not include any connection fee or capacity charge for
water or sewer service.
2. No separate connection between the accessory dwelling unit and/or
the junior accessory dwelling unit and the utility shall be required
for units created within a single-family dwelling.
3. If the primary dwelling unit is currently connected to an on-site
wastewater treatment system and is unable to connect to a sewer system,
accessory dwelling units and junior accessory dwelling units may connect
to the on-site wastewater treatment system. However, the owner must
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.
4. No city-imposed impact fees shall be charged to an accessory dwelling
unit that is less than seven hundred fifty square feet in size.
5. 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.
6. 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. 766 § 2, 2021)