Chapter 11.43 ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES [1]

Prior ordinance history: Ord. 2323.

This chapter (the "chapter") establishes the standards for permitting accessory dwelling units ("accessory dwelling units") within the city of South Gate, formerly known as "second dwelling units," on residential properties in accordance with Sections 66310 through 66342 and Sections 65852.27, and 65863.3 of the California Government Code, as amended and effective March 25, 2024. An accessory dwelling unit that conforms to the development and design standards in this chapter shall:

Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;

Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located;

Not be considered in the application of any ordinance, policy, or program to limit residential growth; and

Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)

§ 11.43.020 Definitions.

For purposes of this chapter the following terms shall have the meanings indicated:

"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 primary dwelling is or will be situated. An accessory dwelling unit also includes (i) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code and (ii) a manufactured home, as defined below and in Section 18007 of the Health and Safety Code. An accessory dwelling unit must be either (a) attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or (b) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

"Accessory dwelling unit permit"

means the formal, written approval of the community development director approving the application for an accessory dwelling unit.

"Application"

means an application for an accessory dwelling unit permit.

"Attached"

means attached to the primary dwelling.

"Building codes"

means all of the requirements for authorization for the construction, alteration, improvement, modification, demolition or removal of any structure within the city of South Gate, including all codes adopted by reference in the municipal code, including but not limited to the California Building Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Residential Code and all local amendments thereto as adopted by the city in the municipal code.

"Building permits"

means all authorizations and permissions required in accordance with all applicable building codes.

"City"

means the city of South Gate.

"Detached"

means detached from the primary dwelling unit.

"Director"

means the community development director of the city of South Gate and all of his/her designees.

"Efficiency unit"

means a dwelling unit which contains all of the following: (i) a living area of not less than one hundred and fifty square feet, plus an additional one hundred square feet for each occupant in excess of two; (ii) a separate closet; (iii) a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front, together with light and ventilation conforming to Part 2.5 of Title 24 of the California Code of Regulations; and (iv) a separate bathroom containing a water closet, lavatory and bathtub or shower.

"Existing structure"

for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means any accessory structure or any space within an existing single-family dwelling or within an existing multifamily dwelling that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.

"Junior accessory dwelling unit"

means a unit that is no more than five hundred 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.

"Livable space"

means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

"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.

"Lot"

shall mean the single legal parcel of real property upon which the accessory dwelling unit shall be located.

"Lot coverage"

shall be calculated including all covered structures (dwellings, attached and detached garages, shops, sheds, porches, greenhouses, etc.) that require building permits, including lattice and other patio covers. Lot coverage does not include eaves that project two feet or less from building. Lot coverage is determined by the amount of coverage on the lot divided by the lot size, except for flag lots where the pole is not considered as part of the lot size when determining lot coverage.

"Multifamily," "multi-family" or "multiple family"

when used in this chapter shall mean buildings containing two or more primary dwelling units. Multiple detached single-family dwellings on the same lot are not considered multifamily for the purposes of this chapter, limited to two detached single-family dwellings.

"Municipal code"

means the municipal code of the city of South Gate.

"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"

means a lawfully constructed single-family or multifamily residence existing or proposed on the lot where the accessory dwelling unit may be permitted.

"Proposed dwelling"

means a dwelling that is the subject of a permit application submitted to the city and that meets the requirements for permitting in the city.

"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.

"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 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.

Other words and phrases used in this chapter shall have the same meaning as provided in the South Gate Municipal Code.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)

§ 11.43.030 Location and number.

Location of Accessory Dwelling Units. The provisions of this section authorize an accessory dwelling unit to be located on a lot in any zoning district where residential use is permitted or conditionally permitted that includes a proposed or existing primary dwelling.

Number Allowed.

Single-Family Parcels.

(a)

On lots with one existing or proposed single-family dwelling or two single-family dwellings, detached from each other, one accessory dwelling unit and one junior accessory dwelling unit may be permitted if all of the following apply:

(i)

The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty 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.

(ii)

The space has exterior access from the proposed or existing single-family dwelling.

(iii)

The side and rear setbacks are sufficient for fire and safety.

(iv)

The junior accessory dwelling unit complies with the requirements of Government Code Sections 66333 through 66339.

(b)

As an alternative to (but not in addition to) the number allowed by subsection (B)(1)(a) of this section, on lots with one existing or proposed single-family dwelling, one detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks may be permitted, and that accessory dwelling unit may be combined with a junior accessory dwelling unit meeting the requirements of subsection (B)(1)(a) of this section. The total floor area of the accessory dwelling unit shall not exceed eight hundred square feet; whereas, the total floor area of the junior accessory dwelling unit shall not exceed five hundred square feet.

Multifamily Parcel.

(a)

At least one such accessory dwelling unit shall be allowed within an existing multifamily structure, and up to a maximum of twenty-five percent of the existing multiple-family dwelling units may be converted to accessory dwelling units.

Multiple accessory dwelling units may be created within the 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.

(b)

Multiple detached accessory dwelling units, not to exceed the number specified in subsection (B)(2)(b)(i) or (B)(2)(b)(ii) of this section, as applicable, may be built on a lot that has an existing or proposed multifamily dwelling. The detached accessory dwelling units are subject to side and rear yard setbacks of four feet.

(i)

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

(ii)

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)

§ 11.43.040 General provisions.

The following provisions shall apply to all accessory dwelling units and junior dwelling units:

Residential Use. An accessory dwelling unit shall be used only for residential purposes and no business, enterprise or occupation shall be conducted, permitted or allowed within the accessory dwelling unit.

Compliance with Chapter. No accessory dwelling unit may be constructed, maintained, improved, altered, enlarged, modified, permitted or allowed within the city except as provided in this chapter and within zones that permit residential uses.

Rental and Sale Limitations. Accessory dwelling units may be rented separate from the primary residence. If rented, the rental term shall not be for less than thirty days. The accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, except as set forth in subsection H of this section.

Nonconforming Conditions, Code Violations, or Unpermitted Structures. The city shall not deny an application for a permit to create an accessory dwelling unit due to 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.

No Minimum Size. There shall be no minimum size for accessory dwelling units which are converted from existing space, besides that which is necessary per building code standards for an efficiency unit.

Deed Restrictions for Junior Accessory Dwelling Units. Before the city will issue a certificate of occupancy for a junior accessory dwelling unit in a single-family residence, the property owner shall record a deed restriction with the Los Angeles County Recorder, and provide the city with a copy bearing the recording information, which deed restriction has been approved by the city attorney as to its form and content and which includes both of the following:

A prohibition on the sale 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 future purchasers.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this chapter.

Residency Requirements.

Accessory Dwelling Units. Except for a sale pursuant to subsection H of this section, and except for junior accessory dwelling units pursuant to subsection (G)(2) of this section, no owner of the subject lot shall be required to occupy either the primary residence or accessory dwelling unit as the owner's residence.

Junior Accessory Dwelling Units. Owner-occupancy shall be required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure 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.

Sales to Qualified Buyers. An accessory dwelling unit may be sold or conveyed separately from the primary dwelling to a qualified buyer if all of the criteria in subsections (H)(1) through (H)(5) of this section are met. For the purposes of this subsection, the term "qualified buyer" means persons or families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.

The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. For purposes of this subsection, the term "qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Internal Revenue Code Section 501(c)(3) that has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.

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 Revenue and Taxation Code Section 402.1(a)(10).

The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

(a)

The agreement allocates to 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 a right 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 forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.

(e)

Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant; provided, that the latter cotenant's obligations to each of the other cotenants have been satisfied.

(f)

Delineation of each cotenant'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 agreement with a third party.

(g)

Procedures for dispute resolution among the parties before resorting to legal action.

A grant deed naming the grantor and grantee, and describing the property interest being transferred, shall be recorded in Los Angeles County. A preliminary change of ownership report shall be filed concurrently with that grant deed pursuant to Revenue and Taxation Code Section 480.3.

If requested by a utility providing service to the primary dwelling, the accessory dwelling unit shall have a separate water, sewer, and/or electrical connection to that utility.

Issuance of Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before the city issues a certificate of occupancy for the primary dwelling.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2022-02-CC (Exh. A § 7), 3-8-2022; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)

§ 11.43.050 Development standards.

An accessory dwelling unit may be attached to, or located within, the proposed or existing 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 primary dwelling.

Floor Area. The following floor area standards for accessory dwelling units apply:

The total floor area of an accessory dwelling unit shall not exceed eight hundred fifty square feet if the accessory dwelling unit has one bedroom or less, and shall not exceed one thousand square feet if the accessory dwelling unit has more than one bedroom.

If the accessory dwelling unit is attached to an existing primary dwelling, the maximum total floor area of the accessory dwelling unit shall be limited to the smaller of (a) the square footage specified in subsection (A)(1) of this section, or (b) fifty percent of the total floor area of the existing primary dwelling.

Junior accessory dwelling units shall not exceed five hundred square feet.

Lot Coverage. The following lot coverage standards for accessory dwelling units apply:

The first eight hundred square feet of either an attached or detached accessory dwelling unit will not count towards the lot coverage of the subject property. Any additional footprint after eight hundred square feet will count towards the lot coverage of the property and the lot coverage limits of the underlying zone shall apply.

An accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling does not count towards the lot coverage of the property.

Minimum Setbacks. The following setback requirements apply:

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 to an accessory dwelling unit or to a portion of an accessory dwelling unit.

For all other accessory dwelling units, a setback of four feet from the side and rear lines shall be required, and the front setback as required in the underlying zoning designation of the subject property shall apply. Accessory dwelling units that are eight hundred square feet or less may be located within the front yard setback area of the underlying zoning designation, if there is no other area on the parcel that can accommodate the accessory dwelling unit, as determined by the director of community development; provided, that the front yard setback shall not be less than four feet.

Building Separation. There shall be a minimum of six feet separating all construction of the detached accessory dwelling unit from the main building(s) or other accessory structure(s) on the same lot; however, the building separation shall not preclude the development of an eight-hundred-square-foot accessory dwelling unit, per Government Code Section 66323, subdivision (a)(2).

Building Height. The following maximum building height limits (measured from the finished grade to the peak of the roof) apply:

A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.

A height of eighteen 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 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. The city shall also allow 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.

A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

A height of twenty-five feet or the height limitation in the city's zoning code that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. Notwithstanding the foregoing, no accessory dwelling unit shall exceed two stories.

No Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

Expansion of Existing Structure. An accessory dwelling unit created within an existing accessory structure or an existing primary dwelling may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure or existing primary dwelling. An expansion beyond the physical limitation of the existing accessory structure or existing primary dwelling shall be limited to accommodating ingress and egress. This expansion will be exempt from local development standards.

Accessory structures located within parcels with a single-family dwelling are allowed to be converted and expanded to a maximum of one thousand square feet. The proposed expansion is subject to the development standards of the underlying zone.

Accessory structures located within parcels with multi-family dwellings are not allowed to be expanded beyond one hundred fifty square feet as listed in this subsection G.

Parking. One off-street parking space shall be provided for each accessory dwelling unit. These spaces may be provided as tandem parking on a driveway. Off-street parking shall also be permitted in setback areas in locations determined by city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Notwithstanding the foregoing, no additional parking spaces shall be required in any of the following instances:

When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced.

No parking is required for a junior accessory dwelling unit.

No parking is required for an accessory dwelling unit in any of the following circumstances:

(a)

Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit;

(b)

Where the accessory dwelling unit is located within an architecturally and historically significant historic district;

(c)

Where the accessory dwelling unit is part of the proposed or existing primary residence or an 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; or

(f)

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 subdivision.

Local Building Code Requirements. Local building code requirements that apply to detached dwellings shall apply to detached accessory dwelling units, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the city building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this chapter.

Private Sewage Disposal or On-Site Wastewater Treatment Systems. If a private sewage disposal system will be used in connection with the accessory dwelling unit, approval by the local health officer shall be a condition to the issuance of the permit for the accessory dwelling unit. The city may require, as part of the application for a permit to create an accessory dwelling unit connected to an on-site wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

Detached Garages. A demolition permit application for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit, and both permits shall be issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

Design Standards. The following design standards shall apply to all accessory dwelling units; however, the facade limitation shall not preclude the development of an eight-hundred-square-foot or less accessory dwelling unit, per Government Code Section 66323, subdivision (a)(1) through (a)(4):

An attached accessory dwelling unit shall not involve any changes to existing street facing walls nor to existing floor and roof elevations.

This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.

Accessory dwelling unit design shall integrate building-mounted lighting consistent with the design and character of the structure, at all proposed exterior entrances.

(a)

All exterior lighting shall be shielded in a way so that no light spills onto adjacent properties.

The design, pitch, color, material, and texture of the roof and eave details of an accessory dwelling unit shall be substantially the same as the primary unit.

The color, material, and texture of all building walls, windows, and doors of an accessory dwelling unit shall be similar to and compatible with the primary unit.

Accessory dwelling unit's architectural style and scale shall match the primary dwelling.

Except for a master bedroom that leads to an exterior area, no bedroom shall have a door that leads to an exterior area.

Garage Conversions. Garage conversions shall be allowed subject to the following provisions:

No additional setback shall be required for an existing garage which is converted to an accessory dwelling unit.

The garage door shall be removed and replaced with a new facade. The new facade shall include a minimum of one window or entryway.

Junior Accessory Dwelling Units.

The junior accessory dwelling unit shall be fully located within the walls of an existing or proposed primary dwelling. For purposes of the preceding sentence, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing primary dwelling.

A junior accessory dwelling unit may be proposed as new construction as long as all the following criteria are met:

Junior accessory dwelling unit is limited to five hundred square feet.

ii.

Junior accessory dwelling unit is limited to a studio.

iii.

New construction to accommodate a junior accessory dwelling unit is subject to all development standards applicable to the underlining zone.

The unit shall be no more than five hundred square feet in floor area.

The unit shall provide an exterior entrance separate from the primary dwelling entrance.

The unit may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling. If those facilities are shared, the junior accessory dwelling unit shall include (in addition to the separate entrance from the main entrance to the structure as required in subsection (N)(3) of this section), an interior entry to the main living area.

The unit shall include an efficiency kitchen that shall include the following components:

A cooking facility with appliances; and

A food preparation counter and storage cabinets.

Interior Amenities. Washer/dryer hookups shall be provided within an accessory dwelling unit or the hookups may be provided within a shared common space.

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing dwelling.

Utility Connections and Fees.

Accessory dwelling units shall not be considered new residential uses for the purposes of calculating city and county connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed in conjunction with a new primary dwelling.

For a junior accessory dwelling unit or an accessory dwelling unit located within the existing primary dwelling, a new or separate utility meter shall not be required and a related connection or capacity fee may not be charged, unless the accessory dwelling unit has been constructed with a new primary dwelling.

When the accessory dwelling unit is attached or detached, a new or separate utility meter shall not be required.

The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. As used herein, "impact fee" has the same meaning as the term "fee" as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by the city or any other local agency, special district, or water corporation.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)

§ 11.43.060 Application and review process.

Processing Application. Within sixty days of receipt of a completed application, submitted with all supporting documentation to the specifications provided by the director and, if applicable, all fees required for building permits, development and planning approvals, authorizations and permissions, in accordance with Government Code Sections 66000 et seq., the permit application shall be either approved or denied. The permit application shall be considered and approved ministerially, without discretionary review or hearing, upon making a determination that the proposed accessory dwelling unit would be in compliance with this chapter and that all required approvals, permits, authorizations and permissions exist for the lawful use of the accessory uses or will be issued by the appropriate agency or department. Notwithstanding the foregoing sixty-day issuance requirement, if the permit application to create 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 lot, the city may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

Health Official Approval. In the event that the property is served by a functioning private sewage disposal system, any application for an accessory dwelling unit must be approved by the health official for the city before an accessory dwelling unit permit may be issued by the director.

Conditions of Approval. The director may include conditions on the accessory dwelling unit permit that are consistent with this chapter.

If the city denies an application for an accessory dwelling unit or a junior accessory dwelling unit pursuant to subsection A of this section, the city shall, within the time period described in subsection A of this section, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)

§ 11.43.070 Accessory structures.

The following provisions, in combination with Section 11.43.060 (Application and review process), are minimum requirements for all accessory structures:

Nonhabitable accessory buildings or structures include but are not limited to the following:

Garages;

Carports;

Workshops;

Storage rooms or sheds;

Detached patio covers;

Pool bathrooms.

All nonhabitable accessory buildings or structures, with the exception of a pool bathroom, are not permitted to contain a bathroom.

Pool bathrooms consisting of a three-quarter bathroom are permitted in conjunction with the development of a pool or when a pool exists on the lot.

With the exception of a garage or an accessory dwelling unit, a detached accessory structure shall not be located in the front of the main building or directly between the main building and the street.

All detached accessory structures or buildings within residential zones, except accessory dwelling units, shall be a minimum of five feet from any property line, unless otherwise expressed in this code, be located at least six feet from the main building and be no taller than ten feet high. Garages are allowed an additional two feet in height to accommodate a roof pitch that is aligned with the roof pitch of the primary structure.

Accessory structures are not permitted above a detached garage in residential zones.

Canopy Structures. The following regulations apply to canopy structures on a residential lot:

Canopy structures shall not be not be located on any lot for a period of more than three days.

Canopy structures shall not be located within the view of a public right-of-way, front or side yard area or driveway.

Canopy structures with a maximum projected canopy area of two hundred square feet, maximum height of twelve feet and a maximum length of twenty feet may be located within a rear yard area.

Reflective, mirrored type covering material shall be prohibited.

Storage Containers. Storage containers may be located on a lot developed with a single-family residence on a temporary basis, subject to the following standards:

Short-Term Location. One storage container may be located on a lot up to a total of fourteen days in any calendar year without the approval of any permit.

Administrative Review. One storage container may be located on a lot for up to six months in conjunction with permitted construction activity on the same lot, subject to approval pursuant to an administrative review. Approval pursuant to an administrative review for this purpose may only be undertaken in conjunction with construction activity for which a valid city building and/or grading permit has been issued and continues to remain active and valid. Regardless of the time period for which the presence of the container is approved pursuant to an administrative review, the right to keep the storage container on the lot shall automatically expire upon the expiration or termination of all grading and building permits, or upon the final inspection and completion of associated construction activity. In cases where a storage container has been located on a lot in an unauthorized manner prior to approval by an administrative review, any approved time duration shall commence and run from the date during which the location of the storage container on the lot was first documented.

Where the temporary presence of a storage container has been approved by an administrative review, the deadline for removal of the container may be extended for up to six months by the director of community development for good cause.

Location. The location of a temporary storage container shall be subject to approval pursuant to an administrative review and shall take into consideration such factors as visibility from the street and surrounding properties, and visual and privacy impacts to surrounding properties. The storage container may only be located in the front yard when location in other areas is not feasible or would create other impacts. Location of a storage container on a driveway may only be approved where access to the garage or carport can continue to be provided for at least one vehicle.

Size. Storage containers shall be no greater than twenty feet in length, ten feet in height, and ten feet in width.

Permanent Placement. Permanent placement of storage containers is prohibited on vacant lots and lots developed with residential uses.

Garages and Carports. Garages and carports shall have a minimum interior clear width of eighteen feet and depth of twenty feet between columns or walls. Three-car garages shall have a minimum interior clear width of twenty-seven feet and depth of twenty feet.

Tandem garage parking is permitted in NL or NM zones to comply with a required three-car garage for a single residential unit. This requires a garage to have a minimum of two parking spaces side-by-side at the garage entrance and minimum nine feet by twenty feet shall be provided behind.

(Ord. 2021-01-CC § 3, 1-26-2021; Ord. 2025-01-CC § 1 (Exh. A), 10-14-2025)