Colfax Municipal Code Ch. 17.196 Accessory Dwelling Units

Footnotes:

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Editor's note— (Ord. No. 555, § 1(Exh. A), adopted Oct. 11, 2023, amended Ch. 17.196 in its entirety to read as herein set out. Former Ch. 17.196, §§ 17.196.010—17.196.060, pertained to second dwelling units, and derived from Ord. No. 519, 8-8-2012.

The purposes of this section are to improve affordable housing opportunities in the city and to protect the health, safety, and general welfare of the residents of the city. In addition, this section is intended to meet the requirements of state law regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) [California Government Code Sections 65852.2 and 65852.22].

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

As used in this section "Accessory dwelling unit" (ADU) and "junior accessory dwelling unit" (JADU) have the same meanings as defined in Government Code Sections 65852.2 and 65852.22, respectively, as they now exist or may hereafter be amended or replaced.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

A. Accessory dwelling units are permitted in all zones within the City where single-family or multi-family residential units are permitted, subject to the owner first obtaining an accessory dwelling unit permit from City staff. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections 17.196.040 and 17.196.050 or is the type of accessory dwelling unit described in Section 17.196.060, shall be approved ministerially by the city planner by applying the standards herein and without a public hearing.

B. An application for an accessory dwelling unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city planner on a city-approved application form and subject to the established fee.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A. Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a single-family or multi-family residence as an existing or proposed primary unit on a lot.

B. Number of accessory dwelling units per lot.

1. For lots with proposed or existing single-family residences, no more than one attached and one detached accessory dwelling unit shall be permitted on the lot.

Notwithstanding the above, a lot with a single-family residence may also have one junior accessory dwelling unit.

2. For lots with existing multi-family residential dwellings:

a. No more than twenty-five (25) percent of the number of the existing units, but at least one unit, shall be permitted as accessory dwelling units constructed within the non-livable space of the existing building provided that applicable building codes are met; and

b. Up to two of either of the following types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed.

C. Unit size and height standards.

1. The maximum floor area of an accessory dwelling unit shall not exceed either:

a. Eight hundred fifty (850) square feet for an accessory dwelling unit that is a studio or one-bedroom unit; or

b. One thousand (1000) square feet for an accessory dwelling unit that has two or more bedrooms.

2. The maximum height of accessory dwelling units shall not exceed:

a. Sixteen (16) feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit.

b. Eighteen (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 the Colfax train station. If necessary to align with the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit, the building height may be increased up to two additional feet.

c. Eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

d. The maximum height limitation that applies to the primary dwelling for an accessory dwelling unit that is attached to a primary dwelling.

D. Building Code Compliance. All new accessory dwelling units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with Title 24 of the California Code of Regulations. However, fire sprinklers shall not be required if they are not required for the primary residence.

E. Fees and Charges.

1. City/public utilities.

a. All accessory dwelling units must be connected to public utilities, including water, electric, and sewer services.

b. Except as provided in subsection c below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values.

c. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

d. Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units shall not be considered a new residential use unless the accessory dwelling unit was constructed with a new single-family dwelling.

2. Impact Fees.

a. For accessory dwelling units of seven hundred fifty (750) square feet or larger, all impact fees applicable to accessory dwelling unit's construction shall be paid to the city in amounts proportional to the size of the accessory dwelling unit relative to the square footage of the primary dwelling unit.

b. For accessory dwelling units less than seven hundred fifty (750) square feet or smaller, no impact fees shall be charged, unless otherwise allowed by state law.

c. For purposes of this subsection, "impact fee" has the same meaning as specified in Government Code section 66000(b) and includes in-lieu park fees as specified in Government Code section 66477.

3. Application Fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the city council.

F. Parking.

1. One on-site parking space shall be provided per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:

a. Tandem parking on an existing driveway; or

b. Within a setback area or as tandem parking in locations determined feasible by the city for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city.

2. No parking shall be required for a studio accessory dwelling unit that does not have a separate bedroom.

3. Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:

a. It is located within one-half mile walking distance of public transit;

b. It is located within an architecturally and historically significant district;

c. It is part of a 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; or

e. Where there is a car share vehicle located within one block of the accessory dwelling unit.

4. 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 off-street parking spaces do not have to be replaced.

G. Deed Restriction: Except as allowed under the limited circumstances described in Government Code section 65852.26, an accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. Prior to the issuance of a building permit for an accessory dwelling unit, the owner shall record with the county recorder a deed restriction in a form approved by the city that includes a prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence.

H. Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this ordinance. If so, a new, larger primary residence may be constructed.

I. Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

1. The materials, colors, and architecture shall be similar to and compatible with those of the primary unit.

2. Accessory dwelling units shall comply with the height limitations of section 17.196.040(C)(2).

3. Accessory dwelling unit entrances shall be separate from the main entrance to the proposed or existing single-family residence.

4. Lighting shall not spill on to neighboring lots.

J. Accessibility standards. New construction of any ground level accessory dwelling unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

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

L. For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

M. Any ADU taking advantage of reduced setbacks pursuant to Section 17.196.050 shall not have doors or windows within such setback unless required to meet health and safety requirements.

N. Accessory dwelling units approved under this Section 17.196.040 shall not be rented for a term of less than thirty (30) days.

O. Setback requirements.

1. No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

2. For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines and they must comply with all other applicable front yard setbacks.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

A. Accessory dwelling unit permits shall be approved for the following types of accessory dwelling units, regardless of whether the application meets the development standards contained in this Title 17.

1. For lots with single-family dwellings:

a. One interior accessory dwelling unit per lot constructed within an existing or proposed single-family or accessory structure, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety;

b. One new, detached accessory dwelling unit with a minimum four-foot side and rear setbacks, up to eight hundred (800) square feet and no more than sixteen (16) feet high on a lot with an existing or proposed single-family dwelling; and

c. A junior accessory dwelling unit built within an existing or proposed single-family dwelling, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing single-family structure to accommodate ingress and egress. The accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. A junior accessory dwelling unit must also comply with the requirements of section 17.196.070 below.

2. For lots with existing multifamily dwellings:

a. Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five (25) percent of the current number of units of the multi-family complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area; and

b. Up to two of either of the follow types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided they do not exceed eight hundred (800) square feet in floor area, are no taller than sixteen (16) feet, and they have at least four feet of side and rear yard setbacks.

B. Accessory dwelling units approved under this Section 17.196.050 shall not be rented for a term of less than thirty (30) days.

C. Accessory dwelling units or junior accessory dwelling units approved under this Section 17.196.050 shall not be required to correct legal nonconforming zoning conditions.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

In adopting this section, the city recognizes that the approval of second residential units may, in some instances, result in dwelling unit densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to accessory dwelling units and that the adoption of these sections furthers the goals, objectives and policies of the general plan housing element.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

A. Purposes: This section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single-family residence and requires owner occupancy in the single-family residence where the unit is located.

B. Size: A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size.

C. Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D. Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E. Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than thirty (30) days.

F. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling.

G. Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter, cooking appliances, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H. Parking: No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I. Fire Protection; Utility Service: For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

J. Deed Restriction: Except as allowed under the limited circumstances described in Government Code section 65852.26, prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record with the county recorder a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (C) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)