§ 17.60.030. Accessory residential dwelling units.

A.

Intent and General Requirements. It is the intent of this section to meet the housing needs of this community by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code § 65852.2 et seq. The following criteria are set forth to allow for the placement of attached or detached second units on lots in areas zoned for residential use. An accessory dwelling unit—attached or detached from the primary residence—shall be permitted upon any lot existing as a legal-lot of record prior to, or after, the effective date of this section.

B.

Specific Requirements for Accessory Residential Units.

1.

Use. The lot where the accessory residential unit is located must contain an existing single-family dwelling. Accessory units may be occupied only for residential purposes and one of the units on the lot shall be owner-occupied at all times. No accessory dwelling unit shall be used as a short term rental (less than thirty consecutive days).

2.

Ownership. An accessory dwelling unit shall not be sold separately from the one-family residence on the same lot but may be leased or rented provided the lease or rental is for thirty consecutive days or longer.

3.

Reserved.

4.

Size. The floor area for the accessory unit shall not be less than four hundred square feet nor shall it exceed one thousand two hundred square feet. Attached units shall not exceed a maximum of fifty percent of the size of the living space of the primary dwelling. Where fifty percent of the living space of the primary dwelling is less than six hundred forty square feet, the living space of a detached accessory dwelling unit may be up to six hundred forty square feet.

5.

Development Standards. All new construction shall conform to the height, setback, lot coverage, fees and other zoning requirements otherwise applicable to residential construction in the zone in which the property is located. The following standards are also applicable to the construction of accessory residential units. Where there is a conflict between the standards of the zoning district and those that follow, the least restrictive standard shall apply:

a.

New Detached Units.

(1)

New detached accessory dwelling units shall not be located within a required setback. Building encroachments of up to two feet that are required to achieve compliance with building or fire code standards may be approved by the director where it can be shown that the encroachment is necessary to achieve compliance with California Government Code § 65852.2 and the intent of this chapter.

(b)

Units within or attached to an existing structure:

(1)

Accessory units constructed entirely within a legally existing structure may be located within a required setback. Modifications to such structures where required to meet building or fire code standards may be approved by the director where it can be shown that compliance with the standard would make the project infeasible. Compliance with the standards of the underlying zoning district for the side and rear lot lines shall not be required for a new accessory dwelling unit that is constructed above a legally established garage or residential accessory building.

6.

Building Code Compliance. California building code requirements which apply to additions to existing single-family dwellings, as appropriate, will apply to accessory dwelling units.

7.

Fire Code Compliance. The accessory dwelling unit shall meet all requirements of the fire protection district, as applicable, for the lot on which the unit is located, including adequate access to the accessory dwelling unit for emergency personnel and equipment. Accessory dwelling units constructed within an existing residence shall not be required to provide fire sprinklers if they are not required for the primary residence.

8.

Impact Fees. Public facility development impact fees for an accessory dwelling unit shall be calculated at the same rate as one unit in a multiple-family residential development. Payment of public facility development impact fees shall not be required where the accessory dwelling unit is constructed entirely within an existing structure, and such unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter. Payment of public facility development impact fees otherwise required for a residential unit may be waived by the director where the detached or attached accessory dwelling unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter.

9.

Septic Systems. Approval by the county environmental health department is required where a private sewage disposal system is being used.

10.

Number of Accessory Dwelling Units. There shall be no more than one accessory dwelling unit per legal lot.

11.

Parking. Off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms. Such parking may be provided as tandem parking on an existing driveway. Where the accessory unit is constructed within an area of existing covered parking required for the use of the primary residence by this code, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to a covered space, uncovered space, or tandem space which meets the dimensional and access standards of Chapter 17.46, "Off-Street Parking Requirements". Parking shall otherwise comply with California Government Code § 65852.2(d) and all other applicable provisions of this code.

C.

Exceptions. Exceptions may be granted to the development standards set forth in this section if an administrative design review approval is obtained and the following findings are made by the director:

1.

The proposed exception from the development standard(s) is necessary due to physical or other constraints on the lot that make the strict application of the standard(s) impractical or inconsistent with existing development on the lot or in the immediate neighborhood; and

2.

The proposed exception from the development standard(s) would not result in a health or safety hazard for existing and future residents on the lot or in the immediate neighborhood.

(Ord. 722 § 6, 2003)

(Ord. No. 814, § 1, 11-21-2017)

Editor's note

Ord. No. 814, § 1, adopted Nov. 21, 2017, amended § 17.60.030 in its entirety to read as herein set out. Former § 17.60.030 pertained to second units and derived from Ord. 722 § 6, adopted 2003; and Ord. No. 771, Exh. D, adopted June 7, 2011.