American Canyon Municipal Code Ch. 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. 2020-04 § 1, 2020

Ord. 2017-05 § 2, 2017

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.

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Ord. 2017-05 § 2, 2017

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).

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Ord. 2017-05 § 2, 2017

"Accessory dwelling unit" means one additional attached or detached residential

dwelling unit one thousand two hundred square feet or less that is on the same parcel as a single-family dwelling, and provides permanent and independent provisions for living, sleeping, eating, cooking, and sanitation for one or more persons. An accessory dwelling unit also includes the following:

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

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

"Junior accessory dwelling unit" means one accessory dwelling unit that is five hundred square feet or less that is contained entirely in the primary residence. "Primary residence" means the residential dwelling that existed on the single-family parcel before or constructed concurrent with the accessory dwelling unit.

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(A) The addition of an accessory dwelling unit to a primary residence requires the primary residence to remain in compliance with the applicable development standards for that home.

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

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

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

(E) A 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.

(F) 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 an existing accessory structure, the existing accessory structure setbacks apply and not the setbacks for a single-family house.

(3) Existing setbacks apply to existing structure conversions.

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

(5) The applicant shall not be required to correct pre-existing nonconforming zoning conditions as conditions of approval.

(G) Accessory Dwelling Living Area Standard.

(1) Detached accessory dwelling units shall not exceed one thousand two hundred square feet and sixteen feet in height.

(2) Attached accessory dwelling units may occupy up to fifty percent of the primary residence living area but shall not exceed one thousand two hundred square feet.

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

(H) 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) Under state law, in general, 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 sprinklers unless the junior accessory dwelling unit or attached accessory dwelling unit increases the size of the house by at least fifty percent.

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

(I) 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.

(J) Impact Fees.

(1) Accessory dwelling units less than seven hundred and fifty square feet are exempt from all city impact fees.

(2) Impact fees for accessory dwelling units equal or greater than seven hundred and fifty 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.

(K) 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 up to two detached accessory dwelling units on the same lot. Each detached accessory dwelling unit shall subject to a height limit of sixteen feet and four-foot rear yard and side yard setbacks.

(L) 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.

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

(1) Electric service may not exceed one hundred twenty volts.

(2) No appliances may be fueled with natural gas or propane.

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

(4) The kitchen must include a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards.

(5) The kitchen sink waste line may not exceed one and one-half inches.

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

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

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(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.

(C) Detached Accessory Dwelling Unit.

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

(2) Notwithstanding subsection (C)(1), on-site parking is not required if 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.

(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.

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Ord. 2017-05 § 2, 2017

(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).

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Ord. 2017-05 § 2, 2017

Accessory dwelling units shall comply with the following design standards that

are intended to maximize the compatibility of accessory dwelling units with the neighborhoods in which they are located.

(A) The accessory dwelling unit shall be designed so the site appearance remains that of a single-family residence, insofar as possible.

(B) Where feasible, any new entrance to an accessory dwelling unit attached to the primary residence shall be located on the side or rear of the structure.

(C) The accessory dwelling unit shall be aesthetically compatible with the primary residence and the surrounding neighborhood, including coordinating colors, materials, roofing, building height, other architectural features, and landscaping.

(D) The accessory dwelling unit location and orientation shall not materially reduce the privacy otherwise enjoyed by residents of adjacent parcels. The community development director shall consider, but is not limited to considering, the placement of windows, decks and balconies, landscape screening, height, and number of stories in determining if privacy will be materially reduced.

(E) 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. 2020-04 § 1, 2020

Ord. 2017-05 § 2, 2017

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 act on 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 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. 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. 2020-04 § 1, 2020