The city council finds that the city is experiencing a severe
shortage of housing, especially affordable housing, and that facilitating
the development of accessory dwelling units will increase the housing
options for family members, seniors, low-wage workers, persons with
disabilities, students and others in the community. Because accessory
dwelling units are an essential component of the city's housing supply,
an accessory dwelling unit that conforms to all applicable requirements
shall not be considered to exceed the allowable density for the lot
upon which it is located, and is deemed to be a residential use that
is consistent with the existing general plan and zoning designations
for the lot.
(Ord. 3209-23 § 1)
The following requirements apply to all accessory dwelling units.
(b)
Design. Exterior materials, colors and appearance of accessory dwelling
units shall match the primary structures on the same lot.
(c)
Entrances. The accessory dwelling unit shall have independent exterior
access from the single-family dwelling. The entrance to the unit and
the entrance to the single-family dwelling shall not be on the same
wall plane facing the public street.
(d)
Parking. No off-street parking spaces are required for an accessory
dwelling unit, and the applicant shall not be required to replace
any covered parking spaces that are removed or demolished as a result
of the construction of the accessory dwelling unit.
(e)
Subdivisions. Nothing contained herein shall be construed to permit
subdivisions of real property otherwise prohibited by this code or
state law.
(f)
Sale and Rental. An accessory dwelling unit may be rented separately
from the single-family dwelling or multi-family dwelling structure,
but may not be sold or otherwise conveyed separately from the other
dwellings on the lot, except as permitted by Government Code Section
65852.26. An accessory dwelling unit approved on or after January
1, 2020, shall not be used as a short-term rental.
(g)
Correction of Nonconforming Conditions. Approval of the accessory
dwelling unit shall not be conditioned on the correction of nonconforming
zoning conditions, building code violations, or unpermitted structures
that do not present a threat to public health and safety and are not
affected by the construction of the accessory dwelling unit.
(h)
Other Legal Requirements. Accessory dwelling units shall comply with
all other applicable legal requirements that are not inconsistent
with this chapter.
(i)
Urban Lot Splits. A lot created through an urban lot split pursuant to Chapter 18.26 of this code may have a maximum of one accessory dwelling unit in conjunction with one single-family home on the lot. If the lot contains two dual urban opportunity units, no accessory dwelling units are permitted on the lot.
(Ord. 3209-23 § 1)
No discretionary permit is required for an accessory dwelling
unit that meets the requirements listed below. Accessory dwelling
units are subject to a ministerial building permit application.
(a)
The lot contains an existing or proposed single-family dwelling or
an existing multifamily dwelling structure. For purposes of this chapter,
a duplex shall be treated as a multifamily dwelling structure.
(b)
Number of Units Allowed.
(1)
Single-Family. On lots that contain an existing or proposed single-family
dwelling,
(A)
No more than one accessory dwelling unit is allowed per lot, except
as provided in subsection (b)(1)(B) of this section.
(B)
One junior accessory dwelling unit that is within the walls of the
single-family dwelling and meets the requirements of subsection (c)
of this section may be combined with one detached, standard accessory
dwelling unit that is either:
(2)
Multifamily.
(A)
On lots that contain an existing or proposed multifamily dwelling
structure, two detached accessory dwelling units that meet the requirements
in subsection (d) of this section are allowed per lot.
(B)
On lots that contain an existing multifamily dwelling structure,
at least one standard accessory dwelling unit may be created within
a multifamily dwelling structure by converting interior non-livable
space under subsection (e) of this section. The maximum number of
accessory dwelling units so created shall not exceed twenty-five percent
of the total number of dwelling units in the existing multifamily
structure prior to the addition of any accessory dwelling units.
(c)
Interior Space Within Single-Family Dwellings.
(1)
The lot contains an existing or proposed single-family dwelling.
(2)
The accessory dwelling unit is located:
(A)
Entirely within the interior space of the existing or proposed single-family
dwelling; or
(B)
Within the interior space of an existing accessory structure and
may include an expansion of not more than one hundred fifty square
feet beyond the physical dimensions of the existing structure for
the sole purpose of accommodating ingress and egress.
(3)
The total floor space of the unit is at least one hundred fifty square
feet.
(4)
The unit has exterior access independent from the existing residence.
(5)
The side and rear setbacks are sufficient for fire safety and life
safety.
(6)
Junior Accessory Dwelling Units. The following additional requirements
apply to junior accessory dwelling units.
(A)
A junior accessory dwelling unit shall be no more than five hundred
square feet gross floor area in size and must be contained entirely
within the walls of an existing or proposed single-family dwelling.
(B)
The unit may have separate sanitation facilities, or may share sanitation
facilities with the single-family dwelling. If sanitation facilities
are shared, there must be a connecting interior door between the junior
accessory dwelling unit and the single-family dwelling.
(C)
The unit shall include cooking appliances, food preparation counter,
sink, and storage cabinets that are of reasonable size in relation
to the size of the junior accessory dwelling unit.
(d)
Newly Constructed, Detached Accessory Dwelling Units.
(2)
The accessory dwelling unit consists of entirely new construction.
(3)
Setbacks. Minimum four-foot side and rear yard setbacks are required;
however, setbacks of less than four feet are allowed if the accessory
dwelling unit is constructed in the same location and to the same
dimensions as an existing structure that is demolished for the purpose
of constructing the accessory dwelling unit.
(4)
Size. The total floor area of the unit is at least one hundred fifty
square feet gross floor area and not more than eight hundred square
feet gross floor area.
(5)
Height. The height of the unit as measured from within five feet
of the structure is not more than the following:
(A)
Sixteen feet on a lot with an existing or proposed single-family
dwelling or single-story multifamily dwelling unit that does not meet
the requirements of subsection (d)(5)(B), below.
(B)
Eighteen feet on a lot that is within one-half of one mile walking
distance of a major transit stop or a high-quality transit corridor,
as those terms are defined in Section 21155 of the Public Resources
Code. An additional two feet in height is allowed to accommodate a
roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
(C)
Eighteen feet lot with an existing or proposed multistory, multifamily
dwelling structure.
(6)
Location. A detached unit shall not be located in front of a single-family
dwelling, or in the required front setback of a multifamily dwelling,
unless the enforcement of this requirement would preclude construction
of an accessory dwelling unit that is at least eight hundred square
feet gross floor area in size, with at least four-foot side and rear
setbacks, and which complies with all other applicable development
standards.
(e)
Conversions of Interior Space Within a Multifamily Dwelling Structure.
(1)
The lot contains an existing multifamily dwelling structure.
(2)
The accessory dwelling unit is created within portions of the structure
not used as livable space, including, but not limited to, storage
rooms, boiler rooms, passageways, attics, basements, or garages, as
long as the unit meets building standards for dwellings.
(3)
An accessory dwelling unit shall not be created within any portion
of the habitable area of an existing dwelling unit in a multifamily
dwelling structure.
(f)
The applicant shall comply with applicable provisions of this chapter
regarding owner-occupancy, impact fees, and utility connections.
(Ord. 3209-23 § 1)
A miscellaneous plan permit is required for any accessory dwelling unit that does not meet the criteria for streamlined approval in Section 19.79.030. The director shall ministerially approve a miscellaneous plan permit for an accessory dwelling unit that meets the following requirements:
(a)
The lot contains an existing or proposed single-family dwelling located
in a residential or mixed-use zoning district.
(b)
Only one accessory dwelling unit is allowed per lot, except as allowed by Section 19.79.030(b)(1)(B).
(c)
The total size of the accessory dwelling unit is:
(1)
Minimum Size. No less than one hundred fifty square feet gross floor
area.
(2)
Maximum Size. No more than eight hundred fifty square feet gross
floor area, or one thousand square feet gross floor area if the unit
has two bedrooms. However, if the accessory dwelling unit is attached
to an existing single-family dwelling, the floor area of the accessory
dwelling unit shall not exceed fifty percent of the existing single-family
dwelling.
(3)
Height. The height of the unit as measured from within five feet
of the structure is not more than the following:
(A)
Detached accessory dwelling unit:
(i)
Sixteen feet on a lot that does not meet the requirements of
subsection (ii), below.
(ii)
Eighteen feet on a lot that is within one-half of one mile walking
distance of a major transit stop or a high-quality transit corridor,
as those terms are defined in Section 21155 of the Public Resources
Code. An additional two feet in height is allowed to accommodate a
roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
(B)
Attached accessory dwelling unit: twenty-five feet or the height
limitation that applies to the primary dwelling, whichever is lower.
An accessory dwelling unit may be located on the second floor of a
newly constructed or expanded single family dwelling only if it meets
the following requirements:
(i)
The lot is not located in a single-story overlay zone.
(ii)
The proposed project meets all requirements of this code applicable
to second-story construction or additions, including, but not limited
to, second-floor setbacks and solar shading.
(iii)
If the entrance to the accessory dwelling unit is above the
first floor, it is not on the same building elevation as the entrance
to the single-family dwelling.
(d)
Setbacks. Minimum four-foot side and rear-yard setbacks are required;
however, setbacks of less than four feet are allowed under the following
circumstances:
(1)
Existing livable space or an existing accessory structure is converted
to an accessory dwelling unit or portion of an accessory dwelling
unit; or
(2)
The accessory dwelling unit is constructed in the same location and
to the same dimensions as an existing structure that is demolished
for the purpose of constructing the accessory dwelling unit.
(e)
All other applicable objective zoning requirements in Title 19 shall
be satisfied, including, but not limited to, lot coverage, required
rear yard maximum lot coverage, front setbacks, floor area ratio,
open space, and design review, as long as those requirements permit
construction of an accessory dwelling unit that is at least eight
hundred square feet gross floor area in size, with at least four-foot
side and rear setbacks, and which complies with all other applicable
development standards.
(f)
The applicant shall comply with applicable provisions of this chapter
regarding owner-occupancy, impact fees, and utility connections.
(Ord. 3209-23 § 1)
(a)
With respect to a lot containing a junior accessory dwelling unit,
one of the dwellings on the lot must be the bona fide principal residence
of at least one legal owner of the lot, as evidenced at the time of
building permit approval by appropriate documents of title and residency.
Prior to the issuance of a building permit, the applicant shall provide
evidence that a covenant has been recorded on the title of the affected
property stating that one of the dwelling units on the lot shall remain
owner occupied. Owner-occupancy is not required if the owner is a
governmental agency, land trust, or housing organization.
(b)
With respect to a lot containing a standard accessory dwelling unit,
for applications received after January 1, 2025, one of the dwellings
on the lot must be the bona fide principal residence of at least one
legal owner of the lot containing the dwelling, as evidenced at the
time of building permit approval by appropriate documents of title
and residency. Prior to the issuance of a building permit, the applicant
shall provide evidence that a covenant has been recorded on the title
of the affected property stating that one of the dwelling units on
the lot shall remain owner occupied.
(Ord. 3209-23 § 1)
(a)
Except as provided in subsection (b), an accessory dwelling unit may be required to have a new or separate utility connection directly between the accessory dwelling unit and the utility. The city council may adopt by resolution a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water and sewer system. The fee may be based upon either the square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. Such fees and charges shall not exceed the reasonable cost of providing the utility service.
(b)
The following accessory dwelling units shall be exempt from any requirement
to install a new or separate utility connection and to pay any associated
connection or capacity fees or charges:
(1)
Junior accessory dwelling units.
(2)
Standard accessory dwelling units converted from interior space under Section 19.79.030(c), unless the unit is constructed with a new single-family home.
(Ord. 3209-23 § 1)
(a)
Except as provided in subsection (b), below, the city council may, by resolution, establish fees for accessory dwelling units that mitigate the impact of the accessory dwelling unit on public infrastructure and services. Such fees shall be imposed proportionally based on the square footage of the accessory dwelling unit in relation to the square footage of the primary dwelling unit.
(b)
No impact fees shall be imposed on an accessory dwelling unit that
is less than seven hundred fifty square feet in size. For purposes
of this section, "impact fees" include the fees specified in Sections
66000 and 66477 of the Government Code, but do not include utility
connection fees or capacity charges.
(Ord. 3209-23 § 1)
(a)
The city shall approve or deny the application to create an accessory
dwelling unit within sixty days from the date the city receives a
completed application if there is an existing single-family or multifamily
dwelling on the lot. Incomplete applications will be returned with
an explanation of what additional information is required, and the
sixty-day period shall be tolled until a complete application is submitted.
(b)
If the permit application to create an accessory dwelling unit is
submitted with a permit application to create a new single-family
dwelling on the lot, the city may delay approving or denying the permit
application for the accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling,
but the application to create the accessory dwelling unit shall still
be considered ministerially without discretionary review or a hearing.
(c)
If the applicant requests a delay, the sixty-day time period shall
be tolled for the period of the delay.
(Ord. 3209-23 § 1)
