This article establishes regulations for accessory dwelling units and junior accessory dwelling units. These dwelling units provide a valuable housing resource and help to achieve the goals, objectives, and policies of the Housing Element of the General Plan to promote a range of affordability levels. The purpose of these regulations is to encourage the establishment of accessory dwelling units and junior accessory dwelling units as accessory uses in conjunction with principal residential uses, and to provide for their ministerial approval in conformance with State law.
(Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The provisions of this article apply to any proposal to establish one (1) or more accessory dwelling unit(s) or junior accessory dwelling unit(s), as defined in Section 9-2.702(b), as an accessory use in conjunction with a principal residential use. Should any provisions of these regulations be determined inconsistent with State law requirements for accessory dwelling units, State law shall prevail.
(Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A proposal for one (1) or more accessory dwelling unit(s), junior accessory dwelling unit(s) or both shall be reviewed by the Director, in consultation with the Chief Building Official and Fire Marshal, for conformance with the provisions of this article pursuant to the zoning compliance review procedures in Article 3 of Chapter 7. If the Director determines that the proposal conforms to the requirements of this article, a zoning compliance approval shall be issued within sixty (60) days after receipt of a complete application, unless it is concurrent with an application for a new principal residential use, in which case a zoning compliance approval shall be issued within sixty (60) days after approval of the new principal residential use. If the Director determines that the proposal does not conform to the requirements of this article, a zoning compliance approval shall not be issued, and the applicant shall be advised as to how the proposal could be brought into compliance. The Director's determination of compliance or noncompliance is final, and may not be appealed to the Planning Commission pursuant to Article 14 of Chapter 7.
(Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Nothing in this article shall be construed to prohibit an accessory dwelling unit with an area of up to eight hundred (800) square feet, side setbacks of no less than three feet (3'), and rear setbacks of no less than four feet (4').
(Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
(a) 
Accessory Dwelling Units. Accessory dwelling units are permitted only in the Residential zones, and in the MUR Mixed Use with Residential and MURS Mixed Use with Residential South zones.
(b) 
Junior Accessory Dwelling Units. Junior accessory dwelling units are permitted only in the RM Medium Density zone and as accessory to a single unit principal use.
(c) 
Other Uses. Accessory dwelling units and junior accessory dwelling units are permitted only on lots containing an existing or proposed residential use. Accessory dwelling units and junior accessory dwelling units are permitted on such lots even if the existing lots and/or structures do not comply with the site development regulations in Chapter 4, and even if the lots are smaller than the minimum lot size for the zone. An accessory dwelling unit, a junior accessory dwelling unit, or both may be established in conjunction with the establishment of a new residential use.
(Formerly 9-5.1404; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Accessory dwelling units and junior accessory dwelling units are exempt from the building intensity (floor area ratio or FAR) and residential density regulations in Article 2 of Chapter 4.
(Formerly 9-5.1405; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
On a lot with one (1) existing or proposed single unit:
(1) 
Within the existing or proposed single unit structure, one (1) accessory dwelling unit and one (1) junior accessory dwelling unit are allowed if the accessory dwelling unit and junior accessory dwelling unit meet the conditions of Section 9-5.1405, have exterior access separate from the principal single unit, and have side and rear setbacks adequate for fire safety; and
(2) 
Detached from, or attached to but not within, the existing or proposed single unit, one (1) accessory dwelling unit is allowed, and may be combined with a junior accessory dwelling unit.
(b) 
On a lot with more than one (1) existing dwelling unit:
(1) 
Within portions of existing two (2) unit or multi-unit structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements and garages, one (1) accessory dwelling unit or twenty-five percent (25%) as many units as exist on the site, whichever is more, is/are allowed; and
(2) 
Detached from, or attached to but not within, existing structures, two (2) accessory dwelling units are allowed.
(Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)
(a) 
On a lot with one (1) existing or proposed single unit:
(1) 
Within the existing or proposed single unit structure or an existing accessory structure, accessory dwelling units are not subject to a maximum area requirement. The structure may be expanded by up to one hundred fifty (150) square feet for ingress and egress.
(2) 
Detached from, or attached to but not within, the existing or proposed single unit, an accessory dwelling unit may not have a floor area less than one hundred fifty (150) square feet nor greater than the largest principal unit with which it is associated or one thousand two hundred (1,200) square feet, whichever is greater.
(b) 
On a lot with more than one (1) existing dwelling unit, accessory dwelling units are not subject to a maximum area requirement.
(Formerly 9-5.1406; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Parking for Existing Residential Unit(s). Parking is not required for the existing residential unit(s) associated with an accessory dwelling unit. If a garage or carport is converted to or replaced by an accessory dwelling unit, no replacement parking is required.
(b) 
Parking for Accessory Dwelling Unit. Parking is not required for the accessory dwelling unit. If provided, parking for the accessory dwelling unit shall comply with the design standards for parking lots and structures in Section 9-4.406, except that parking spaces for the existing residential unit(s) and accessory dwelling unit(s) may be in tandem and may be provided in required setbacks.
(Formerly 9-5.1409; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Lot. The lot on which an accessory dwelling unit or a junior accessory dwelling unit is to be located is not required to comply with the minimum lot size and width requirements of Section 9-4.701.
(b) 
Setback. Except as provided in Section 9-5.1404, an accessory dwelling unit shall be subject to the same setback requirements as the existing residential structure(s), as set forth in Section 9-4.301, except that the minimum rear setback shall be four feet (4'), and no setback is required if a garage, carport, or other existing structure is converted to or replaced by an accessory dwelling unit.
(c) 
Height. The maximum height limit shall be thirty feet (30') starting fifteen feet (15') from the rear lot line, and step down at an angle to a maximum height of:
(1) 
For attached accessory dwelling units, twenty-five feet (25') at four feet (4') from the rear lot line.
(2) 
For detached accessory dwelling units, twenty feet (20') at four feet (4') from the rear lot line.
(d) 
Separation. An accessory dwelling unit may be either attached to or detached from the principal unit with which it is associated. If detached, the accessory dwelling unit shall be separated from the principal unit by no less than six feet (6').
(e) 
Usable Open Space. Except as provided in Section 9-5.1404, lots with an accessory dwelling unit attached to or detached from the principal unit (adding to the building footprint on the lot) must provide either:
(1) 
A common open space accessible to both the principal unit and the accessory dwelling unit. It shall be at least two hundred (200) square feet in area, with a minimum dimension of ten feet (10'). It shall be seventy-five percent (75%) open to the sky (not covered by building elements such as eaves, porches, or balconies), and at least twenty-five percent (25%) planted. It may also include such surfaces as patio paving, sport courts, and decking.
(2) 
A private open space for all units, including the accessory dwelling unit, resulting in an aggregate area of at least two hundred (200) square feet. Private open spaces must meet the requirements of Section 9-4.303(b)(2)(b).
(Formerly 9-5.1408; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Any proposal for an accessory dwelling unit shall be subject to the applicable objective provisions of the Emeryville Design Guidelines, including but not limited to those pertaining to the area of the City in which the proposed accessory dwelling unit is to be located, and to any other applicable design guidelines. No formal design review approval shall be required, but the design shall be evaluated as part of the zoning compliance review for conformance to the requirements of this section.
(Formerly 9-5.1409; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Units May Not Be Sold Separately. An accessory dwelling unit and its associated residential structure may not be sold separately by conversion to condominiums, division of the lot on which they are located, or by other means, except as provided by Section 66341 of the California Government Code.
(b) 
Short-Term Rental Prohibited. Short-term rentals, as defined by Section 9-5.2101, are prohibited in accessory dwelling units and junior accessory dwelling units, even if they are single detached units.
(c) 
Sewer Lateral. A proposal to establish an accessory dwelling unit shall comply with the provisions of Chapter 8 of Title 7 concerning sewer laterals, including the inspection, replacement or upgrading of the sewer lateral if required.
(d) 
Other Code Requirements. An accessory dwelling unit shall comply with all other applicable provisions of the Emeryville Municipal Code and State and Federal law including, but not limited to, building and fire code requirements. Fire sprinklers are only required for the accessory dwelling unit if they are required for the principal unit on the site.
(Formerly 9-5.1410; Sec. 3, Ord. 24-011, eff. Nov. 14, 2024; Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)