Chapter 19.39 — ACCESSORY DWELLING UNITS

The purpose of this chapter is to increase the supply of smaller units and rental housing units by allowing accessory dwelling units on lots containing a single-family dwelling in various residential districts as shown on Table 19.10.040, and to establish design and development standards for accessory dwelling units to ensure that they are compatible with existing neighborhoods and consistent with the general plan and its elements. Accessory dwelling units contribute needed housing to the community's housing stock.

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

The provisions of this chapter apply to all lots that are occupied with a single-family dwelling unit and multifamily dwelling and zoned residential. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

An accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth in accordance with Government Code Section 65852.2(a)(8) .

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

"Accessory dwelling unit" means any of the following:

(1) One dwelling unit attached to, within, or detached from the proposed or existing primary dwelling unit that is on the same parcel in areas zoned to allow single-family and/or multifamily dwelling residential use, and provides permanent and independent provisions for living, sleeping, eating, cooking, and sanitation for one or more persons.

(2) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code .

(3) A manufactured home, as defined in Section 18007 of the Health and Safety Code .

(4) Multiple accessory dwelling units up to 25 percent of the existing multifamily 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, as defined in Government Code section 65852.2 , subdivision (e)(1)(C).

"Junior accessory dwelling unit" means one accessory dwelling unit that is 500 square feet or less that is contained entirely in the primary residence or within an attached garage.

"Primary residence" means the residential dwelling that existed on the parcel before or constructed concurrent with the accessory dwelling unit.

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

(A) Each accessory dwelling unit requires approval of a building permit.

(B) The applicant of each accessory dwelling unit building permit application shall identify the anticipated rent and household size of the new accessory dwelling unit.

(C) One detached accessory dwelling unit, one attached accessory dwelling unit, and one junior accessory dwelling unit are permitted per single-family parcel.

(D) A multi-family or single-family primary residence dwelling must exist on the parcel before the accessory dwelling unit is built or it shall be built concurrently with the accessory dwelling unit.

(E) Accessory dwelling units shall comply with the lot area, yard setback, height, and building coverage standards of the applicable residential zoning district as described in Section 19.10.050 except for the following:

(1) The accessory dwelling unit is built in the garage and the garage setback is closer than the setback for the primary residence.

(2) If the accessory dwelling unit is built in a previously-permitted accessory structure, the accessory structure setbacks apply and not the setbacks for a single-family house.

(3) Development standards shall be waived to permit a detached accessory dwelling unit that is no greater than eight hundred square feet, and has four-foot setbacks.

(4) The maximum ADU height depends on these conditions:

(a) 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.

(b) 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 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 .

(c) A local agency 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.

(d) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

(e) A height of 25 feet or the height limitation in the local zoning ordinance 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 a local agency to allow an accessory dwelling unit to exceed two stories.

(5) The applicant shall not be required to correct pre-existing nonconforming zoning conditions that are not related to the ADU as a condition of ADU approval.

(F) Accessory Dwelling Living Area Standard.

(1) A Detached accessory dwelling unit shall not exceed one 1,200 square feet, unless:

(a) On a single-family lot, the detached ADU converts a previously-permitted accessory structure which is greater than 1,200 square feet. In this circumstance, the ADU may equal the square footage of the existing accessory structure.

(b) On a lot with a multifamily primary dwelling, the detached ADU is not subject to a square foot limit (Gov. Code , § 65852.2, subds. (e)(1)(A), (C), and (D)).

(2) An Attached accessory dwelling unit may occupy up to fifty percent of the primary residence living area but shall not exceed 1,200 square feet.

(3) A Junior accessory dwelling unit shall not exceed 500 square feet.

• (G) Fire Sprinkler Requirements.

(1) Accessory dwelling units shall comply with all applicable fire safety provisions of state law as well as locally adopted building and fire codes under Title 16. Examples include, but are not limited to, standards such as water supply and fire department access.

(2) Accessory dwelling units shall not be required to be equipped with fire sprinklers unless fire sprinklers are required for the primary residence. For purposes of this requirement, the following standards shall apply:

(a) When the primary residence has fire sprinklers, the accessory dwelling unit shall be constructed with fire sprinklers.

(b) When the primary residence does not have fire sprinklers, the junior accessory dwelling unit and attached accessory dwelling unit do not require fire.

(c) Detached accessory dwelling units require fire sprinklers unless the primary residence does not have fire

sprinklers.

(H) Deed Restrictions. Prior to issuing a building permit for an accessory dwelling unit, the property owner shall file with the county recorder, in a format with language approved by the city, a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:

(1) The accessory dwelling unit shall not be sold separately.

• (2) The restrictions are binding upon any successor in ownership of the property.

(3) The property owner must occupy as a primary residence one of the two dwelling units on the property, either the primary or accessory dwelling unit except accessory dwelling unit and junior accessory dwelling unit applications submitted between January 1, 2020 to January 1, 2025.

(4) When the applicant is a qualified nonprofit housing organization, a deed restriction is not required.

(I) Impact Fees.

(1) Accessory dwelling units less than 750 square feet are exempt from all city impact fees.

(2) Impact fees for accessory dwelling units equal or greater than 750 square feet are exempt from water and sewer capacity fees. All remaining impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(J) Accessory Dwelling Units on Multifamily Dwellings. The building division shall review and approve ministerially accessory dwelling units under the following conditions.

(1) Non-habitable area within an existing multifamily dwelling structure, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements or garages, may be converted to one or more accessory dwelling units if each accessory dwelling unit complies with state dwelling unit building standards.

(2) An existing multifamily dwelling shall be permitted to accommodate additional accessory dwelling units in an amount up to twenty-five percent of the existing multifamily dwelling units.

(3) An existing multifamily dwelling is permitted a minimum of one accessory dwelling unit up to two detached accessory dwelling units on the same lot. Each detached accessory dwelling unit shall subject to a height limit in accordance with Section 19.35.050(E)(4) and four- foot rear yard and side yard setbacks.

(K) CC&Rs. As defined in California Civil Code Section 4751 or any successor statute, any covenant, condition, and restriction (CC&R) or contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described minimum standards (subsections F and G) established for those units shall be void and unenforceable.

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

(A) Each junior accessory dwelling unit shall comply with the following building standards.

(1) The dwelling must have its own exterior entrance.

(2) The kitchen must include a cooking facility with appliances and includes a food preparation counter and storage cabinets.

(3) The bathroom may be included in the unit or shared with the primary residence.

(4) Junior accessory dwelling units are exempt from the building code wall separation requirements with the primary residence.

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

(A) When accessory dwelling unit parking is required by this chapter or provided at the discretion of the homeowner, parking spaces may be covered or uncovered, provided as tandem parking on an existing driveway or on a paved surface in a setback or yard area.

(B) Primary Residence. Parking for the primary residence must comply with Chapter 19.21 except when the garage is converted to a ADU.

(C) Detached Accessory Dwelling Unit.

(1) A minimum of one on-site parking space is required.

• (2) Notwithstanding subsection (C)(1), on-site ADU parking is not required when:

(a) The detached accessory dwelling unit is located within one-half mile walking distance of public transit or within one block of a car-sharing pickup/drop-off location; and/or

(b) The ADU is located within an architecturally and historically significant historic district; and/or

(c) The ADU is part of the proposed or existing primary residence or an accessory structure; and/or

(d) On-street parking permits are required but not offered to the occupant of the ADU; and/or

(e) A car share vehicle is located within one block of the accessory dwelling unit; and/or

(f) An accessory dwelling unit building permit application is submitted in conjunction with a building permit application for a new single-family dwelling or a new multifamily dwelling on the same lot.

D. Attached Accessory Dwelling Unit. No on-site parking is required.

E. Junior Accessory Dwelling Unit. No on-site parking is required.

F. 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, the city shall not require replacement of the off-street parking spaces. (Ord. 2020-04 § 1, 2020; Ord. 2017-05 § 2, 2017)

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

(A) The accessory dwelling unit may not be sold separately from the primary residence.

(B) Owner-Occupancy. The property owner shall reside in either the primary residence or the accessory dwelling unit except accessory dwelling unit and junior accessory dwelling unit applications submitted between January 1, 2020 to January 1, 2025.

(C) An accessory dwelling unit may not be rented for transient occupancy (less than thirty consecutive days).

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

Accessory dwelling units shall comply with the following standards.

(A) An accessory dwelling unit connected to an onsite water treatment system requires a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

(Ord. No. 2024-04 Section 6; Ord. 2017-05 § 2, 2017; Ord. 2020-04 § 1, 2020.)

Permits for accessory dwelling units and junior accessory dwelling units shall be reviewed ministerially through the building division in accordance to Government Code Section 65852.2 (a) through (e).

(A) The building division shall 'approve or deny' the application to create an accessory dwelling unit or junior accessory dwelling unit within sixty days from the date the building division receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

(B) If the City denies an accessory dwelling unit building permit application, the applicant shall receive a list of application deficiencies that would remedy a subsequent building permit application.

JUSTIFICATION: See HCD Comment #11 related to the City's obligation to approve or deny an ADU application within 60days.

(C) If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with a permit application to create a new single-family dwelling on the lot, the building division may delay acting on the accessory dwelling unit or junior accessory dwelling unit permit application until the building division acts on the new single-family dwelling permit application, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered ministerial without discretionary review or a hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

(Ord. No. 2024-04 Section 6; Ord. 2020-04 § 1, 2020.)

For accessory dwelling units built before January 1, 2020, the property owner may request delayed enforcement of building standards for five years.

(A) There shall be no delays granted after January 1, 2030.

(B) There shall be no delays granted if the delay of the correction will cause a violation needed to protect health and safety.

(Ord. No. 2024-04 Section 6; Ord. 2020-04 § 1, 2020.)