The purpose of this chapter is to allow and regulate "accessory dwelling units" and "junior accessory dwelling units" in compliance with Government Code Sections 66310 et seq. and the requirements of this chapter those zoned areas where uses are allowed, which includes Planned Mixed Use zoned properties.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
For the purposes of this chapter, the following definitions shall apply:
"Accessory dwelling unit"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an "efficiency unit" and a "manufactured home" as defined below.
"Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
"Efficiency unit"
has the same meaning as defined in Section 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit"
means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. 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.
"Manufactured home"
has the same meaning as defined by Section 18007 of the California Health and Safety Code.
"Neighborhood"
has the same meaning as defined in Section 65589.5 of the California Government Code.
"Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards.
"Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
"Primary dwelling unit"
mean that existing primary single-family residential structure on the same property as an accessory dwelling unit or a junior accessory dwelling unit.
"Proposed dwelling"
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit"
means the 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.
"Qualified buyer"
means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
"Qualified nonprofit corporation"
means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
"Tandem parking"
means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.
"Vacation rental"
means the leasing and/or occupancy of a dwelling unit, furnished or unfurnished, for temporary periods of 30 days or less.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
Accessory dwelling units and junior accessory dwelling units shall be permitted as follows:
A. 
Accessory Dwelling Units. When the standards of this chapter are satisfied, accessory dwelling units shall be allowed ministerially, without discretionary review or a hearing in all zoned areas where single-family and multifamily residential uses are allowed, including the Planned Mixed-Use zoning district.
B. 
Junior Accessory Dwelling Units. Junior accessory dwelling units shall be allowed ministerially, without discretionary review or hearing, as specified by this chapter, on properties zoned for single-family dwellings and where a single-family dwelling either exists or is proposed to be built.
C. 
In existing commercial buildings in the MU-P Zone, one accessory dwelling unit and one junior accessory dwelling unit is permitted.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
No more than one junior accessory dwelling unit and one accessory dwelling unit are permitted on a single lot with a single-family dwelling. Existing multifamily dwellings may have up to a maximum number of internal or attached dwelling units equal to 25% of the existing multifamily dwelling units. Fractions of units of one-half and above shall be rounded up. At least one accessory dwelling unit shall be permitted within an existing multifamily dwelling.
A lot with an existing multifamily dwelling may have up to eight detached accessory dwelling units, provided that the number of accessory dwelling units does not exceed the number of existing units on the lot. A lot with a proposed multifamily dwelling shall have up to two detached accessory dwelling units.
(Ord. 25-01, 2/18/2025)
A. 
Zoning Approval. Accessory dwelling units shall be allowed by ministerial approval of a zoning compliance statement issued by the City Planner, without discretionary review or hearing in all areas of Sand City that are designated for their use as specified in Section 18.63.030, provided the requirements outlined in this chapter are met in each application. A zoning compliance statement shall be issued for an accessory dwelling unit provided there is an existing or proposed single-family or multifamily dwelling or mixed-use on the lot and provided the application for an accessory dwelling unit satisfies all of the conditions below and any other requirement(s) of this chapter.
B. 
Site and Development Standards.
1. 
General.
a. 
The lot or parcel on which the accessory dwelling unit is proposed is zoned for single-family or multifamily use, including the mixed-use zoning district, and includes a proposed or existing dwelling.
b. 
All applicable building and fire code requirements shall apply as appropriate to detached dwellings unless otherwise specified by this chapter.
c. 
Approval by the Monterey County Health Department is required where a private sewer disposal system is being used.
2. 
Relationship to Primary Dwelling.
a. 
The accessory dwelling unit may be attached to, or within, the living area of the existing or proposed primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing dwelling, including detached garages, for which a demolition permit would be required for the garage that is to be replaced.
b. 
No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
3. 
Maximum Unit Size.
a. 
The total floor area of an attached accessory dwelling unit shall not exceed 50% of the existing floor area of the existing primary dwelling.
b. 
The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
c. 
The minimum floor area square footage of either an attached or detached accessory dwelling unit shall not prohibit an efficiency unit as defined by this chapter.
d. 
The square footage for an attached accessory dwelling unit shall not exceed the following:
i. 
1,200 square feet.
ii. 
1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
4. 
Height.
a. 
The height for an attached or detached accessory dwelling unit shall not exceed the following:
i. 
A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily 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 multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit is also permitted.
iii. 
A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
iv. 
A height of 25 feet or the height limitation of the respective zoning district that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
5. 
Property Line Setbacks.
a. 
No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted an accessory dwelling unit or portion of an accessory dwelling unit.
b. 
A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure in the same location and to the same dimensions as an existing structure.
6. 
Parking.
a. 
Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or bedroom whichever is less. Parking spaces may be provided in tandem, including on an existing driveway or in a setback area, excluding non-driveway front setback areas.
b. 
Off-street parking required for accessory dwelling units, as specified by this chapter, is permitted within the rear or side setback areas unless specific findings are made that parking in these setback areas is not feasible due to specific site, regional topographical, or fire and life safety conditions.
c. 
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces shall not be required to be replaced.
d. 
Parking for accessory dwelling units shall not be required under the following circumstances:
i. 
The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations.
ii. 
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
iii. 
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
iv. 
When a car share vehicle is located within one block of the accessory dwelling unit.
v. 
The accessory dwelling unit is located within an architecturally significant historic district.
vi. 
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection (B)(6)(d).
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
A. 
Zoning Approval. Junior accessory dwelling units shall be allowed by ministerial approval of a zoning compliance statement issued by the City Planner, without discretionary review or hearing, in all areas of Sand City that are designated for their use as specified in Section 18.63.030, provided the standards outlined in this chapter are met in each application. A zoning compliance statement shall be issued for a junior accessory dwelling unit provided there is an existing or proposed single-family dwelling on the property and the application for a junior accessory dwelling unit satisfies all of the conditions below and any other applicable requirement(s) of this chapter.
B. 
Site and Development Standards.
1. 
The number of junior accessory dwelling units shall be limited to one per residential lot zoned for single-family residence within a proposed or existing single-family dwelling.
2. 
Ownership and Occupancy. The owner of the property shall be the occupant of either the primary dwelling unit or the junior accessory dwelling unit on the property. Neither the primary dwelling unit nor the junior accessory dwelling unit on the property may be leased, marketed, and/or occupied separately from the other unit unless one of the aforementioned units is occupied by the owner of that property. Owner occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
a. 
The owner of the property shall record a deed restriction on the property with the Monterey County Recorder's Office, that shall run with the land, with a copy provided to the City, that includes the following:
i. 
A prohibition of the sale or conveyance of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against all future landowners.
ii. 
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this chapter.
3. 
Relationship to Primary Dwelling. The junior accessory dwelling unit shall be constructed/established within the walls of a proposed or existing single-family residence, including attached garages.
a. 
The junior accessory dwelling unit shall provide a separate entrance independent from the main entrance to a proposed or existing single-family residence.
b. 
If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
c. 
A junior accessory dwelling unit shall include an efficiency kitchen that includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation of the size of the junior accessory dwelling unit.
4. 
Parking.
a. 
Parking is not required for junior accessory dwelling units. Parking requirements for a single family dwelling that has, or proposes, a junior accessory dwelling unit shall remain in full effect in accordance with the applicable zoning regulations for that single-family dwelling, but shall require no additional parking for the junior accessory dwelling unit.
(Ord. 25-01, 2/18/2025)
Any proposed accessory dwelling unit or junior accessory dwelling unit, whether attached or detached from the primary dwelling unit, shall utilize the same exterior architectural style, materials, and colors as the primary dwelling. An accessory dwelling unit's height shall not exceed the height, from floor to rooftop, of the existing primary dwelling unit except to achieve the 16 foot height from grade as set forth in Section 18.63.050. The accessory dwelling unit's exterior architectural design shall be ministerially reviewed prior to issuance of a building permit. All setbacks shall meet minimum building and fire code requirements unless otherwise specified by this chapter.
(Ord. 25-01, 2/18/2025)
Building permits for accessory dwelling units and junior accessory dwelling units within a residential or mixed-use zone shall be approved and issued ministerially to create any of the following.
1. 
One accessory dwelling unit and one junior accessory dwelling unit per lot within 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 space of a proposed or existing single-family dwelling or accessory structure. An expansion of not more than 150 square feet is allowed beyond the same physical dimensions of the existing accessory structure provided the expansion is limited to accommodating ingress and egress.
b. 
The accessory dwelling unit or junior accessory dwelling unit has exterior access that is independent from the proposed or existing single-family dwelling.
c. 
The side and rear setbacks are sufficient for fire and safety as dictated by applicable building and fire codes.
d. 
The junior accessory dwelling unit complies with the requirements set forth in Section 18.63.060.
2. 
One detached, new construction, accessory dwelling unit as described in Section 18.63.050. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Section 18.63.060.
3. 
Multiple accessory dwelling units within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be allowed within an existing multifamily dwelling; however, the number of accessory dwelling units within a multifamily dwelling shall not exceed 25% of the total number of existing dwelling units therein.
4. 
Not more than two accessory dwelling units, subject to height limits and setbacks described in Section 18.63.050 that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling.
5. 
If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling shall not be required as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements described herein.
6. 
Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.
(Ord. 25-01, 2/18/2025)
As provided in the state legislation allowing cities and counties to adopt accessory dwelling unit regulations, an accessory dwelling unit consistent with the standards of this chapter shall not change the density calculation of the relevant parcel and shall be considered consistent with the density limitations of the respective zoning and general plan designations of the property on which it is located.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
For the purposes of creating an accessory dwelling unit, under the purview of this chapter, the following requirements and limitations shall apply.
A. 
Starting January 1, 2025, the applicant for creating an accessory dwelling unit shall be the owner-occupant of the primary dwelling unit of that property.
B. 
Starting January 1, 2025, when an accessory dwelling unit is newly created on the property, the owner of that property shall be the occupant of either the primary dwelling unit or the accessory dwelling unit on that property. Neither the primary dwelling unit nor the accessory dwelling unit on the property may be leased, marketed, and/or occupied separately from the other unit unless one of the aforementioned units is occupied by the owner of that property.
C. 
Any accessory dwelling unit allowed under this chapter may be leased/rented, but only for terms longer than 30 days. Accessory dwelling units shall not be leased, marketed, and/or occupied as 'vacation rentals.'
D. 
Starting January 1, 2025, a zoning compliance statement issued by the City Planner under Section 18.63.050(A) shall require the property owner to record a deed restriction in the official records of Monterey County, California stating that the property owner has received permission from the City to create the accessory dwelling unit and that the permission is conditioned on the occupancy requirements of this section. That deed restriction shall be recorded prior to issuance of a certificate of occupancy for the accessory dwelling unit.
E. 
A certificate of occupancy for an accessory dwelling unit shall not be issued before a certificate of occupancy is issued for the primary dwelling on that same property.
F. 
Fire sprinklers shall not be required for an accessory dwelling unit or a junior accessory dwelling unit if they are not required for the primary dwelling unit residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
Application for and approval of an accessory dwelling unit and/or junior accessory dwelling unit shall be as follows.
A. 
Application Process. Prior to the establishment of an accessory dwelling unit or a junior accessory dwelling unit, an application for a "zoning compliance statement" shall be completed and submitted to the City's Planning Department for review in compliance with this chapter. Accessory dwelling units and junior accessory dwelling units shall be allowed by ministerial approval of a zoning compliance statement issued by the City Planner, without discretionary review or hearing, in all areas of Sand City that are designated for their use as specified in Section 18.63.030, provided the requirements outlined in this chapter are met in each application.
B. 
Timing. A zoning compliance statement shall be issued within 60 days from the date the City receives a completed application for an accessory dwelling unit or junior accessory dwelling unit if there is an existing single-family or multifamily dwelling on the lot, and provided all of the applicable requirements of this chapter are satisfied. If an application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the same lot as the application for an accessory dwelling unit, approval of the accessory dwelling unit and/or junior accessory dwelling unit may be delayed until the application for the new single-family dwelling is acted upon; but the accessory dwelling unit and junior accessory dwelling unit will still be considered ministerially without discretionary review or hearing. If the applicant for an accessory dwelling unit or junior accessory dwelling unit makes a request for a delay, the 60 day time period for a zoning compliance statement shall be tolled for the period of the requested delay.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
An accessory dwelling unit shall not be considered by the City to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
Fees for accessory dwelling units and junior accessory dwelling units shall apply as follows.
A. 
Impact Fees. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionally in relation to the square footage of the primary dwelling.
B. 
Plan Review and Permit Fees. Standard City fees pertaining to plan check review and building permit issuance, as adopted by City Council resolution, shall apply to all accessory dwelling units and junior accessory dwelling units.
(Ord. 21-01 §1; Ord. 25-01, 2/18/2025)
The sale of or separate conveyance of accessory dwelling units from the primary residence to a qualified buyer shall be permitted if all of the following apply, as set forth in Government Code Section 66340.
A. 
The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
B. 
There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
C. 
The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
a. 
The agreement allocates each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
b. 
A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
c. 
A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence.
d. 
Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling 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.
e. 
If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
i. 
Delineation of all areas of the property that are for the exclusive use of a co-tenant. Each co-tenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another co-tenant, provided that the latter co-tenant's obligations to each of the other co-tenants have been satisfied.
ii. 
Delineation of each co-tenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
iii. 
Procedures for dispute resolution among the parties before resorting to legal action.
D. 
A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
E. 
Notwithstanding Chapter 18.63.120, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.
(Ord. 25-01, 2/18/2025)