This chapter provides criteria for the approval of accessory
dwelling units and junior accessory dwelling units. This chapter is
adopted pursuant to the authority of
Government Code Sections 65852.2
and 65852.22, as they now exist or may hereafter be amended.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
The City Council finds that accessory dwelling units and junior
accessory dwelling units are considered residential uses that are
consistent with existing General Plan objectives and the zoning designation
for the lots upon which accessory dwelling units or junior accessory
dwelling units are located. The City Council further finds that accessory
dwelling units and junior accessory dwelling units that comply with
the requirements set forth in this chapter shall be deemed to be accessory
uses or accessory buildings or structures and shall not be considered
to exceed the allowable density for lots upon which accessory dwelling
units or junior accessory dwelling units are located.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not defined in this section, shall have the meanings respectively ascribed to them in Chapter
19.95 (Definitions of Terms and Phrases).
“Accessory dwelling unit”
shall be as defined by
Government Code Section 65852.2, as
it now exists or may hereafter be amended, and means an attached or
a detached residential dwelling unit that provides complete independent
living facilities for one or more persons. The unit shall be located
on a permanent foundation or a permanent chassis if a manufactured
home, have an independent exterior access (if located within a single-family
dwelling unit), and shall include permanent provisions or infrastructure
to support living, sleeping, eating, cooking, and sanitation on the
same parcel as where a single-family, two-family or multi-family dwelling
(including detached garages) is situated or proposed to be situated.
Accessory dwelling units can also include efficiency units, as defined
in Section 17958.1 of the
Health and Safety Code, manufactured homes,
as defined in Section 18007 of the
Health and Safety Code, second
dwelling units, granny flats, in-law quarters, casitas, carriage units,
and tiny houses as long as such units otherwise meet this definition.
“Accessory structure”
means a structure that is accessory and incidental to a single-family,
two-family or multifamily dwelling located on the same lot.
“Car share vehicle”
means a vehicle that can be rented for short periods of time
and is available 24 hours a day, seven days a week at unattended self-service
locations.
“Existing structure,”
for the purposes of defining an allowable space that can
be converted to an accessory dwelling unit, means the following:
1.
The proposed accessory dwelling unit is located within the walls
and roofline of a fully enclosed, existing structure (i.e., the existing
footprint); and
2.
The existing structure can be made safely habitable under local
building codes at the determination of the building official, regardless
of any nonconforming zoning conditions.
“Junior accessory dwelling unit”
shall be as defined by
Government Code Section 65852.22,
as it now exists or may hereafter be amended, and means a unit that
is no more than 500 square feet in size and contained entirely within
an existing or proposed single-family dwelling. A junior accessory
dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
“Living area”
means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
“Passageway”
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the accessory dwelling unit.
“Permanent provisions or infrastructure,”
in the context of the definition of an “accessory dwelling
unit,” means a permanent kitchen consisting of a sink, a counter
for food preparation, a food storage area, and either a minimum 220V
receptacle or a dedicated gas line for a cooking appliance (a 110V
receptacle for a microwave, toaster, hotplate, etc., is not a permanent
provision); a toilet connected to plumbing; a bathroom sink connected
to plumbing; and a bathing facility connected to plumbing, such as
a shower or bathtub.
“Primary dwelling unit”
means a proposed or existing single-family, two-family or
multi-family dwelling unit located on the lot where the accessory
dwelling unit is proposed to be developed, and includes attached,
enclosed accessory structures, such as a garage.
“Proposed dwelling”
means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
“Public transit”
means a location, including, but not limited to, a bus stop
or train station, where the public may access buses, trains, subways,
and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
“Tandem parking”
means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
“Within the existing space”
includes areas within an existing primary dwelling unit or
within an existing attached or detached accessory structure such as
a garage, storage area, a carriage house, a pool house, studio, and
similar enclosed structures. The addition of square footage, including,
but not limited to, the addition of another floor, is not considered
to be “within the existing space,” unless the expansion
is for the purposes of ingress and egress and does not exceed 150
square feet. Additions of square footage which are not “within
the existing space” are considered new construction.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021; Ord. 6662 § 7, 2023)
A building permit shall be required prior to construction or
creation of an accessory dwelling unit or junior accessory dwelling
unit.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
A. Mixed Use and Residential Zones. Accessory dwelling units are principally permitted in the commercial mixed use (CMU), single-family residential (R1), small lot residential (RS), two-family residential (R2), multi-family housing (R3), and residential mixed use (RMU) zoning districts, provided the lot contains an existing or proposed single-family, two-family or multi-family dwelling unit as defined in Section
19.08.080(F) (Residential Use Types) and the accessory dwelling unit complies with the standards identified in this chapter.
B. Commercial Zones. Accessory dwelling units are also principally permitted in the neighborhood commercial (NC), community commercial (CC), general commercial (GC), and highway commercial (HC) zoning districts, provided the lot contains an existing or proposed single-family, two-family or multi-family dwelling unit which has an approved conditional use permit as defined in Section
19.08.080(F) (Residential use types) and the accessory dwelling unit complies with the standards identified in this chapter. If a commercially zoned lot contains an existing single-family, two-family or multi-family dwelling unit which does not have an approved conditional use permit, then the accessory dwelling unit shall be required to obtain an Administrative Permit pursuant to Chapter
19.74 (Permit and Variance Requirements).
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
Accessory dwelling units are permitted to be developed within
existing structures or within the living area of an existing primary
dwelling unit. Accessory dwelling units developed within existing
structures or living areas shall be allowed only in compliance with
the following standards:
A. Setbacks. No setback shall be required for an accessory dwelling unit, including porches, decks, balconies, stairs, and patios which are attached to and for the use of the accessory dwelling unit, built within the footprint and dimensions of an existing living area or existing structure. Garages are subject to the setbacks of Section
19.22.030 (Accessory structures).
B. Floor Area. The total floor area of an attached accessory dwelling unit developed within an existing primary dwelling unit shall not exceed the floor area of the existing primary dwelling unit, except that an expansion of up to 150 square feet beyond the same physical dimensions as the existing primary dwelling unit is permitted for accommodating ingress and egress. The total floor area for a detached accessory dwelling unit developed within an existing detached accessory structure shall not exceed the floor area of the existing detached accessory structure, except that an expansion of up to 150 square feet beyond the same physical dimensions as the existing detached accessory structure is permitted for accommodating ingress and egress. Expansions beyond 150 square feet must comply with the standards set forth in Section
19.60.070 (Development standards for accessory dwelling units proposed as new construction).
C. Unit Sizes.
1. An
accessory dwelling unit shall not be less than the minimum size for
an efficiency unit, as defined in Section 17958.1 of the Health and
Safety Code, as it now exists or may hereafter be amended.
2. An
accessory dwelling unit shall not be more than 850 square feet for
a studio or one-bedroom or more than 1,000 square feet for an accessory
dwelling unit that provides more than one bedroom.
D. Minimum Facilities. Accessory dwelling units developed within
existing structures or living areas shall include permanent provisions
for independent living, sleeping, eating, cooking, and sanitation
within the unit and must include a separate exterior entrance from
the primary dwelling unit if the primary dwelling is a single-family
dwelling.
E. Appearance. The accessory dwelling unit shall be designed and constructed so as to be compatible with the existing primary dwelling unit and neighborhood in terms of height, form, and materials, as determined by the Planning Manager or designee applying objective standards, and the accessory dwelling unit shall be subordinate to the primary dwelling unit. Manufactured homes shall meet the architectural standards set forth in Section
19.10.030(E) (Residential zone general development standards).
F. Parking Requirements. Accessory dwelling units developed within existing structures or living areas shall not be required to provide parking. A garage, carport, or covered parking structure shall be subject to the development regulations of Section
19.22.030 (Accessory structures), if the owner chooses to provide parking as part of the accessory dwelling unit. In addition, when a garage, carport, or covered parking structure is converted to an accessory dwelling unit, the required off-street parking spaces for the primary dwelling unit, if eliminated, do not need to be replaced. If the property owner chooses to replace the parking spaces, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including within the front yard or street side setback, and may be covered spaces subject to conformance with the applicable requirements set forth in Section
19.22.030(C)(2) (Permitted accessory structures to dwelling use type (single-family and two-family)) or Section
19.22.030(D)(3) (Permitted accessory structures to dwelling use type (multi-family)), uncovered spaces or tandem spaces. All replacement parking shall comply with the requirements set forth in Section
11.20.110 (Parking on private property prohibited), Section
19.10.030(F) (Residential zone general development standards), and Section
19.26.040(A) (Design and improvement of parking).
G. Passageways. No passageways shall be required in conjunction
with accessory dwelling units developed within existing structures
or living areas.
H. Building and Fire Codes. Except as otherwise provided in this
chapter, accessory dwelling units developed within existing structures
or living areas shall comply with all local building and fire codes.
A demolition permit for a detached garage that is to be replaced with
an accessory dwelling unit must be reviewed with the application of
the accessory dwelling unit and issued at the same time.
I. Fire Sprinklers. Accessory dwelling units developed within
existing structures or living areas shall not be required to provide
fire sprinklers if fire sprinklers were not required for the primary
dwelling unit.
J. Utilities. Accessory dwelling units developed within existing
structures or living areas shall not be required to install a new
or separate utility connection directly between the accessory dwelling
unit and the public utility infrastructure, unless the accessory dwelling
unit was constructed with a new single-family dwelling unit. However,
if necessary utility infrastructure does not exist with capacity available
to serve both the primary dwelling unit and the accessory dwelling
unit, the property owner shall be responsible for all costs related
to installation of necessary infrastructure or upsizing existing infrastructure.
Property owners may install a new or separate utility connection directly
between the accessory dwelling unit and the public utility infrastructure
at the property owner’s option and expense.
K. Height. An accessory dwelling unit shall not exceed the height limits prescribed in Section
19.10.030 (Residential zone general development standards) for the zone in which the accessory dwelling unit will be located, or if not within a residential zone, the height shall not exceed the standards established in Section
19.10.030 for the single-family residential (R1) zone.
L. Number Permitted. Except as otherwise permitted by subsection
M, only one accessory dwelling unit is permitted per lot.
M. Exceptions to Development Standards.
1. One
accessory dwelling unit and one junior accessory dwelling unit is
permitted per lot with a proposed or existing single-family dwelling
if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is
within the proposed space of a single-family dwelling unit or existing
space of a single-family dwelling unit or accessory structure and
may include an expansion of not more than 150 square feet beyond the
same physical dimensions as the existing accessory structure. An expansion
beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family
dwelling unit.
c. The side and rear setbacks are sufficient for fire and safety.
d. The junior accessory dwelling unit complies with the requirements
of
Government Code Section 65852.22, as it now exists or may hereafter
be amended.
2. Multiple
accessory dwelling units within portions of existing multi-family
dwelling units are permitted in areas not used as livable spaces,
including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if all of the following apply:
a. Each unit complies with state building codes for dwellings.
b. At least one accessory dwelling unit is permitted within an existing
multi-family dwelling or up to 25 percent of the existing multi-family
dwelling units may be converted to accessory dwelling units, whichever
is greater.
3. Two
detached accessory dwelling units are permitted per lot that has an
existing multi-family dwelling unit, subject to four-foot rear and
side setbacks and the following height standards:
a. A height of 16 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit.
b. A height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit that is within one-half mile of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, as may be amended from time to time. An additional
two feet in height is also permitted when the height is to accommodate
a roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed multi-family, multi-story dwelling.
d. A height of 25 feet or the height limitation in this Code that applies
to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling. This clause shall not
require City to allow an accessory dwelling unit to exceed two stories.
N. Waivers. Notwithstanding anything to the contrary contained
in this title, limits on height, setbacks, lot coverage, floor area
ratio, open space, front setbacks, and lot sizes are hereby waived
if they do not permit at least an 800 square foot accessory dwelling
unit which provides four-foot rear and side setbacks and meets the
following height standards:
1. A
height of 16 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit.
2. A
height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit that is within one-half mile of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, as may be amended from time to time. An additional
two feet in height is also permitted when the height is to accommodate
a roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
3. A
height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed multi-family, multi-story dwelling.
4. A
height of 25 feet or the height limitation in this Code that applies
to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling. This clause shall not
require City to allow an accessory dwelling unit to exceed two stories.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021; Ord. 6662 § 8, 2023)
Newly constructed accessory dwelling units are permitted to
be attached to a proposed or existing primary dwelling unit or detached
from a proposed or existing primary dwelling unit as long as the newly
constructed accessory dwelling unit is located on the same lot as
a proposed or existing primary dwelling unit. Newly constructed accessory
dwelling units shall be allowed only in compliance with the following
standards:
A. Minimum Lot Area. There is no minimum lot area.
B. Maximum Lot Coverage. There is no maximum lot coverage.
C. Setbacks. No setback shall be required for an accessory dwelling
unit constructed in the same location (i.e., footprint) and to the
same dimensions as an existing accessory structure. A setback of four
feet from the side and rear lot lines shall be required for an accessory
dwelling unit that is otherwise newly constructed, including porches,
decks, balconies, stairs, and patios which are attached to and for
the use of the accessory dwelling unit.
D. Floor Area. The total floor area of an attached accessory dwelling unit shall not be less than 150 square feet nor exceed the standards of subsection
E (Unit sizes). The total floor area for a detached accessory dwelling unit shall not be less than 150 square feet nor exceed the standards of subsection
E (Unit sizes).
E. Unit Sizes.
1. An
accessory dwelling unit shall not be less than the minimum size for
an efficiency unit, as defined in Section 17958.1 of the Health and
Safety Code, as it now exists or may hereafter be amended.
2. An
accessory dwelling unit shall not be more than 850 square feet for
a studio or one-bedroom or more than 1,000 square feet for an accessory
dwelling unit that provides more than one bedroom.
F. Minimum Facilities. The accessory dwelling unit shall include
permanent provisions for independent living, sleeping, eating, cooking,
and sanitation within the unit and must include a separate exterior
entrance from the primary dwelling unit if the primary dwelling is
a single-family dwelling.
G. Appearance. The accessory dwelling unit shall be designed and constructed so as to be compatible with the proposed or existing primary dwelling unit and neighborhood in terms of height, form, and materials, as determined by the Planning Manager or designee applying objective standards, and the accessory dwelling unit shall be subordinate to the primary dwelling unit. Manufactured homes shall meet the architectural standards set forth in Section
19.10.030(E) (Residential zone general development standards).
H. Parking Requirements. Except as otherwise provided by this chapter, the parking required by this section is in addition to that required for the primary dwelling unit located on the lot by Chapter
19.26 (Off-Street Parking and Loading). Garages, carports, and covered parking structures attached to the accessory dwelling unit and built to satisfy the required parking standards for the accessory dwelling unit are subject to the same setbacks and other development regulations as the accessory dwelling unit.
1. Accessory dwelling units with one or more bedrooms shall provide at least one off-street parking space. Studios shall not be required to provide any parking spaces. The parking requirement for accessory dwelling units with bedrooms can be met by providing the required parking space within the front yard setback and may be located in tandem with other on-site parking as long as it complies with the requirements set forth in Section
11.20.110 (Parking on private property prohibited), Section
19.10.030(F) (Residential zone general development standards), and Section
19.26.040(A) (Design and improvement of parking).
2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the required off-street parking spaces for the primary dwelling unit, if eliminated, do not need to be replaced. If the property owner chooses to replace these parking spaces, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including within the front yard or street side setback, and may be covered spaces subject to conformance with the applicable requirements set forth in Section
19.22.030(C)(2) (Permitted accessory structures to dwelling use type (single-family and two-family)) or Section
19.22.030(D)(3) (Permitted accessory structures to dwelling use type (multi-family)), uncovered spaces or tandem spaces. All replacement parking shall comply with the requirements set forth in Section
11.20.110 (Parking on private property prohibited), Section
19.10.030(F) (Residential zone general development standards), and Section
19.26.040(A) (Design and improvement of parking).
3. Notwithstanding
the above, accessory dwelling units shall not be required to provide
parking in any of the following circumstances:
a. When the accessory dwelling unit is located within one-half mile
walking distance of public transit.
b. When the accessory dwelling unit is located within the Old Town Historic
District (DT-4) or the Central Business District (DT-6).
c. When the accessory dwelling unit is part of an existing or proposed
primary dwelling unit or an existing accessory structure.
d. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the
accessory dwelling unit.
f. When a permit application for an accessory dwelling unit is submitted
with a permit application to create a new single-family or multi-family
dwelling.
I. Passageways. No passageways shall be required in conjunction
with the construction of an accessory dwelling unit.
J. Building and Fire Codes. Except as otherwise provided in this
chapter, newly constructed accessory dwelling units shall comply with
all local building and fire codes.
K. Fire Sprinklers. Accessory dwelling units shall not be required
to provide fire sprinklers if fire sprinklers were not required for
the primary dwelling unit.
L. Utilities. New or separate utility connections directly between
the accessory dwelling unit and the public utility infrastructure
shall only be required if directed by the environmental utilities
department or the electric department. In such cases, if necessary
utility infrastructure does not exist with capacity available to serve
both the primary dwelling unit and the accessory dwelling unit, the
property owner shall be responsible for all costs related to installation
of necessary infrastructure or upsizing existing infrastructure.
M. Height. An accessory dwelling unit shall not exceed the height limits prescribed in Section
19.10.030 (Residential zone general development standards) for the zone in which the accessory dwelling unit will be located, or if not within a residential zone, the height shall not exceed the standards established in Section
19.10.030 for the single-family residential (R1) zone.
N. Number Permitted. Except as otherwise permitted by subsection
O, only one accessory dwelling unit is permitted per lot.
O. Exceptions to Development Standards.
1. One
newly constructed detached accessory dwelling unit that does not exceed
four-foot rear and side setbacks, which may be combined with one junior
accessory dwelling unit, is permitted per lot if all of the following
apply:
a. The total floor area for the newly constructed detached accessory
dwelling unit shall not exceed 800 square feet.
b. The newly constructed detached accessory dwelling unit shall not
exceed the following height standards:
i. A height of 16 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit.
ii. A height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit that is within one-half mile of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, as may be amended from time to time. An additional
two feet in height is also permitted when the height is to accommodate
a roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
iii.
A height of 18 feet for a detached accessory dwelling unit on
a lot with an existing or proposed multi-family, multi-story dwelling.
iv. A height of 25 feet or the height limitation in this Code that applies
to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling. This clause shall not
require City to allow an accessory dwelling unit to exceed two stories.
2. Two
newly constructed detached accessory dwelling units are permitted
per lot that has an existing multifamily dwelling unit, subject to
four-foot rear and side setbacks and the following height standards:
a. A height of 16 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit.
b. A height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit that is within one-half mile of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, as may be amended from time to time. An additional
two feet in height is also permitted when the height is to accommodate
a roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed multifamily, multi-story dwelling.
d. A height of 25 feet or the height limitation in this Code that applies
to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling. This clause shall not
require City to allow an accessory dwelling unit to exceed two stories.
P. Waivers. Notwithstanding anything to the contrary contained
in this title, limits on height, setbacks, lot coverage, floor area
ratio, open space, front setbacks, and lot sizes are hereby waived
if they do not permit at least an 800 square foot accessory dwelling
unit which provides four-foot rear and side setbacks and meets the
following height standards:
1. A
height of 16 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit.
2. A
height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed single-family or multi-family dwelling
unit that is within one-half mile of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, as may be amended from time to time. An additional
two feet in height is also permitted when the height is to accommodate
a roof pitch on the accessory dwelling unit that is aligned with the
roof pitch of the primary dwelling unit.
3. A
height of 18 feet for a detached accessory dwelling unit on a lot
with an existing or proposed multi-family, multi-story dwelling.
4. A
height of 25 feet or the height limitation in this Code that applies
to the primary dwelling, whichever is lower, for an accessory dwelling
unit that is attached to a primary dwelling. This clause shall not
require City to allow an accessory dwelling unit to exceed two stories.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021; Ord. 6662 § 9, 2023)
A. Sales Prohibited, Exceptions. Accessory dwelling units shall
not be sold independently of the primary dwelling unit on the lot
unless all of the criteria of
Government Code Section 65852.26, as
may be amended from time to time, are met, including that the accessory
dwelling unit or the primary dwelling unit was built or developed
by a qualified nonprofit corporation and there are affordability restrictions
on the sale and conveyance of the accessory dwelling unit or primary
residence that ensure the accessory dwelling unit and primary dwelling
will be preserved for low income housing for 45 years for owner-occupied
housing units and will be sold or resold to a qualified buyer.
B. Rentals. Accessory dwelling units may be rented as long as the rental term exceeds 30 calendar days. Accordingly, short-term rental permits authorized pursuant to Chapter
4.25 (Short-Term Rentals) will not be issued for accessory dwelling units.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021; Ord. 6476 § 5, 2022)
An accessory dwelling unit or junior accessory dwelling unit
in compliance with the standards set forth in this chapter is still
permitted even when the primary dwelling unit has a nonconforming
zoning condition.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
All fees and charges will be charged in accordance with the
Accessory Dwelling Units Fee Policy adopted by the City Council on
April 21, 2021 by Resolution No. 21-146, as amended from time to time.
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
An accessory dwelling unit or junior accessory dwelling unit which does not meet the standards set forth in this chapter, shall be required to obtain an Administrative Permit pursuant to Chapter
19.74 (Permit and Variance Requirements).
(Ord. 5974 § 13, 2018; Ord. 6361 § 1, 2021)
A. Junior accessory dwelling units are principally permitted within areas zoned to allow single-family residential use and must be located on a lot that contains an existing or proposed single-family dwelling unit as defined in Section
19.08.080(F)(2) (Residential use types).
B. Junior
accessory dwelling units are subject to the following conditions:
1. Only
one junior accessory dwelling unit is permitted per residential lot.
2. A
junior accessory dwelling unit shall not exceed 500 square feet.
3. The
property owner shall occupy the single-family dwelling unit in which
the junior accessory dwelling unit will be permitted. The property
owner may reside in either the remaining portion of the single-family
dwelling unit or the newly created junior accessory dwelling unit.
Owner-occupancy shall not be required if the owner is a governmental
agency, land trust, or housing organization.
4. Following
final inspection approval of a building permit for a junior accessory
dwelling unit, a deed restriction, in a form approved by the City
Attorney, shall be recorded with the Placer County Recorder’s
office, which shall include the applicable restrictions and limitations
of a junior accessory dwelling unit identified in this chapter. Said
deed restriction shall run with the land, and shall be binding upon
any future owners, heirs, or assigns. A copy of the recorded deed
restriction shall be filed with the City stating that:
a. The junior accessory dwelling unit shall not be sold separately from
the single-family dwelling unit.
b. The junior accessory dwelling unit is restricted to the development
standards, including maximum size, identified in this chapter.
c. The junior accessory dwelling unit shall be considered legal only
so long as either the single-family dwelling unit, or the junior accessory
dwelling unit, is occupied by the owner of record of the property.
d. The restrictions shall be binding upon any successor in ownership
of the property and lack of compliance with this provision may result
in legal action against the property owner, including revocation of
any right to maintain a junior accessory dwelling unit on the property.
5. The
junior accessory dwelling unit shall be constructed within the walls
of the proposed or existing single-family dwelling unit, including
attached garages.
6. The
junior accessory dwelling shall include a separate entrance from the
main entrance to the proposed or existing single-family dwelling unit,
and if the junior accessory dwelling unit does not include a separate
bathroom, the junior accessory dwelling unit shall also include an
interior entry into the main living area.
7. The
permitted junior accessory dwelling unit must include an efficiency
kitchen, which shall include at a minimum all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
8. Junior
accessory dwelling units shall comply with all local building and
fire codes applicable to the existing single-family dwelling unit
except that fire sprinklers shall not be required if fire sprinklers
were not required for the single-family dwelling unit.
9. Junior accessory dwelling units may be rented as long as the rental term exceeds 30 calendar days. Accordingly, short-term rental permits authorized pursuant to Chapter
4.25 (Short-Term Rentals) will not be issued for junior accessory dwelling units.
10. Junior accessory dwelling units shall not be required to provide
parking nor be required to provide replacement parking if constructed
within an attached garage.
11. Junior accessory dwelling units shall comply with all other applicable
requirements set forth in this chapter.
C. Junior
accessory dwelling units shall not be required to provide parking.
(Ord. 6361 § 1, 2021; Ord. 6662 § 10, 2023)