32-76 ACCESSORY DWELLING UNITS.

32-76.1 Purpose.

The purpose of this section is to increase opportunities for the development of smaller dwelling units for individuals and families developed on certain lots which are zoned for residential use; to provide affordable rental housing units for families and individuals with limited income; to provide rental units for the elderly and disabled; to protect property values and the integrity of the neighborhood by ensuring design and development standards are compatible with the existing neighborhood; to comply with requirements of state laws.

(Ord. 2025-04, § 2)

a. Accessory dwelling unit is an attached or detached, conditioned residential unit, which provides complete, independent

living facilities for one (1) or more persons. It includes permanent provisions for living, sleeping, cooking, eating, and sanitation on the same parcel as the primary unit. The term “accessory dwelling unit” includes a granny unit, second dwelling unit, guesthouse, in-law unit, efficiency unit (as defined in Health and Safety Code Section 17958.1), manufactured home (as defined in Health and Safety Code Section 18007), and similar accessory dwelling units, which provide complete independent living facilities (Government Code Section 66313(a)).

b. Accessory structure shall mean a structure that is an accessory or incidental to a dwelling on the same lot as the primary residence. For purposes of this section, an accessory structure shall have at least three (3) walls and a solid roof such as a detached garage, pool house, garden shed, workshop, or cabana.

c. Administrative accessory dwelling unit review process shall be defined as the review process conducted under a separate application filed with the Town, either prior to or concurrent with the submittal of a building permit application for an accessory dwelling unit, where a notice of the action to be taken by the Town on the application is sent to surrounding property owners with the provision of a period of time in which the Town's administrative action may be appealed.

d. Attached shall be defined as a building or a structure that is physically connected to and shares a common wall with the primary residence.

e. Conditioned space shall be defined as an area or room that is being heated or cooled for human habitation.

f. Conversion shall be defined as the modification of an existing attached or detached structure or the modification of a portion of an existing residence into an accessory dwelling unit.

g. Detached shall be defined as a building or structure not physically connected and separated by six (6) feet or more, including eves and other projections, from the primary residence.

h. Junior accessory dwelling unit shall be defined as a unit that is no more than five hundred (500) square feet in size and contained entirely within the floor space of an existing or proposed residence. A junior accessory dwelling unit must include a separate exterior entrance, may include an interior door to the residence, includes an efficiency kitchen, and may have private or shared bathroom facilities.

i. Manufactured home shall mean a structure that was constructed on or after June 15, 1976, is transportable in one (1) or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred (320) or more square feet, is built on a permanent chassis and designed to be used as a single family dwelling, with or without a foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred (320) or more square feet, is built on a permanent chassis and designed to be used as a single family dwelling, with or without a foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

j. Ministerial review process shall be defined as the Town’s review process for an application for an accessory dwelling unit and/or a junior accessory dwelling unit, which shall be without discretionary review or hearings and shall be approved or denied within sixty (60) days from the date of the Town receiving a complete application.

k. Mixed use shall mean a property which has a General Plan land use designation and residential zoning district which includes residential use as an allowed or conditionally allowed use.

l. Multifamily residential shall be defined as the classification of housing which consists of multiple residential units on the same or connected lots with an overall density of at least eight (8) units per acre.

m. Non-conditioned space shall be defined to include, but be not limited to, open decks, patios, breezeways, nonconditioned shops, garages, attics, and storage areas.

n. Objective zoning and design standards shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

(Ord. 2025-04, § 2)

a. Accessory dwelling units and junior accessory dwelling units which are consistent with the development and design standards contained within this section shall be subject to the Town's ministerial review process.

b. Accessory dwelling units and junior accessory dwelling units which are not consistent with the development and design standards contained within this section shall be subject to the Town's administrative review process.

(Ord. 2025-04 § 2)

a. Accessory dwelling units and junior accessory dwelling units shall be allowed in any residential or mixed-use General Plan land use district.

b. An accessory dwelling unit does not count toward the otherwise applicable General Plan residential density or zoning requirements which may conflict with this section. An accessory dwelling unit consistent with this section shall be deemed to be consistent with the General Plan and applicable zoning district.

c. Multifamily lots with multiple detached single family dwellings are considered single family lots for purposes of this section.

(Ord. 2025-04, § 2)

a. Bedrooms. There is no maximum number of bedrooms.

b. Balconies, decks and patios. Accessory dwelling units which have less than a ten (10)-foot side or rear yard setback, or the minimum setback requirement for the primary residence for the zoning district (whichever is less), may not include balconies, decks, or platforms that are more than six (6) inches above grade between the structure and a side or rear property line.

c. Garages. A two (2)-car garage, with maximum dimensions of twenty-two (22) feet deep and twenty (20) feet wide, may be included as part of a detached accessory dwelling unit and does not count toward the accessory dwelling unit square footage requirements.

d. Basements. An accessory dwelling unit may include a basement so long as the basement is non-conditioned and is no more than fifty percent (50%) the size of the conditioned area of the accessory dwelling unit.

e. Design. The exterior appearance of an accessory dwelling unit shall be architecturally compatible with the primary residence and with the surrounding neighborhood. Architectural compatibility will be determined to exist where the accessory dwelling unit incorporates similar paint colors, siding, and roof materials as the primary residence.

(Ord. 2025-04, § 2)

a. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, measured to the closest part of the structure, including eves and other architectural projections. However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

b. Setbacks, front yard. Accessory dwelling units shall be required to maintain the front yard setback applicable to the primary residence for the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

c. Height. The maximum height shall be twenty-five (25) feet. If the accessory dwelling unit maintains the minimum setbacks applicable to the primary residence, the maximum height shall be the height applicable to the primary residence.

d. Size. For residential zoning districts allowing a maximum lot size less than forty thousand (40,000) square feet, the maximum size shall be one thousand two hundred (1,200) square feet, but shall not exceed fifty percent (50%) of the conditioned square footage of the existing or proposed primary residence. However, a minimum of eight hundred fifty (850) square foot or one thousand (1,000) square foot accessory dwelling unit with more than one (1) bedroom shall be allowed. For lots that are within a zoning district requiring a minimum forty thousand (40,000) square foot lot size or larger, the maximum size shall be two thousand (2,000) square feet, but shall not exceed fifty percent (50%) of the conditioned square footage of the existing or proposed primary residence. However a minimum of eight hundred fifty (850) square foot or one thousand (1,000) square foot accessory dwelling unit with more than one (1) bedroom shall be allowed. There are no minimum size requirements.

e. Number. One (1), two (2) or three (3) units are permitted in addition to the primary residence on a single lot, given that the additional dwelling units are comprised of:

1. For two (2) additional units, one (1) accessory dwelling unit constructed from existing or proposed building space (attached or detached), and one (1) junior accessory dwelling unit.

2. For three (3) additional units, an attached accessory dwelling unit constructed from existing or proposed floor space, subject to the size restrictions under subsection

32-76.6.d, one (1) junior accessory dwelling unit, and one (1) detached accessory dwelling unit not exceeding eight hundred (800) square feet. These size limits do not apply to converted accessory dwelling units under subsection 32-76.11.

(Ord. 2025-04, § 2)

32-76.7 Development Standards for Detached Accessory Dwelling Units in Single Family Residential Districts.

a. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, measured to the closest part of the structure, including eves and other architectural projections. However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

b. Setbacks, front yard. Accessory dwelling units shall be required to maintain the same front yard setback applicable to the primary residence for the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

c. Height. The maximum height shall be sixteen (16) feet. If located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor, the maximum height shall be eighteen (18) feet, with an allowance of two (2) additional feet (total maximum height of 20 feet) to accommodate roof pitch aligned with the primary dwelling unit. If the accessory dwelling unit maintains the minimum setbacks applicable to the primary residence, the maximum height shall be twenty-four (24) feet.

d. Size. For residential zoning districts allowing a maximum lot size less than forty thousand (40,000) square feet, the maximum size shall be one thousand two hundred (1,200) square feet. For lots that are within a zoning district requiring a minimum forty thousand (40,000) square foot lot size or larger, the maximum size shall be two thousand (2,000) square feet. There are no minimum size requirements.

e. Number. One (1), two (2) or three (3) units are permitted in addition to the primary residence on a single lot given that the additional dwelling units are comprised of:

1. For two (2) additional units, one (1) attached accessory dwelling unit constructed from existing or proposed floor space and one (1) junior accessory dwelling unit.

2. For three (3) additional units, an attached accessory dwelling unit constructed from existing or proposed floor space subject to the size restrictions under subsection 32-76.6.d, one (1) junior accessory dwelling unit, and one (1) detached accessory dwelling unit not exceeding eight hundred (800) square feet. These size limits do not apply to converted accessory dwelling units under subsection 32-76.11.

(Ord. 2025-04, § 2)

a. Number. A minimum of one (1) attached accessory dwelling unit is allowed on a lot that has existing multifamily dwellings, and up to twenty-five percent (25%) of existing multifamily dwelling units.

b. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, including eves and other architectural projections. However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

c. Setbacks, front yard. Accessory dwelling units shall be required to maintain the front yard setback applicable to a multiple family building(s) for the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

d. Height. The maximum height shall be sixteen (16) feet. If located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor, the maximum height shall be eighteen (18) feet, with an allowance of two (2) additional feet (total maximum height of twenty (20) feet) to accommodate roof pitch aligned with the multifamily building. If the accessory dwelling unit maintains the minimum setbacks applicable to the multiple family building(s), the maximum height shall be twenty-five (25) feet.

e. Size. The maximum size of an accessory dwelling unit attached to a multiple family building(s) is one thousand two hundred (1,200) square feet.

f. Conversion of existing space. Portions of existing multifamily structures that are not used as livable space, such as attics, garages, or storage areas, may be converted to accessory dwelling units, with the total number of accessory dwelling units not exceeding twenty-five percent (25%) of the existing multifamily structure's units.

(Ord. 2025-04, § 2)

32-76.9 Development Standards for Detached Accessory Dwelling Units in Multifamily Districts.

a. Number. Up to two (2) detached accessory dwelling units are allowed on a lot that has existing multifamily dwellings, or up to eight (8) detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot.

b. Setbacks, secondary front yard, side yard, and rear yard. Four (4)-foot minimum setback to the property line, including eves and other architectural projections.

However, under state law property owners have a right to construct an accessory dwelling unit of at least eight hundred (800) square feet. As such, the secondary front yard, side yard and rear yard setbacks shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

c. Setbacks, front yard. Accessory dwelling units shall be required to maintain the front yard setback applicable to the zoning district. However, the front yard setback shall be reduced to the extent necessary to allow for an accessory dwelling unit of up to eight hundred (800) square feet.

d. Height. The maximum height shall be sixteen (16) feet. If located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor or the lot has an existing or proposed multi-story multifamily dwelling, the maximum height shall be eighteen (18) feet, plus an additional two (2) 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. If the accessory dwelling unit maintains the minimum setbacks applicable to the multifamily building, the maximum height shall be twenty-five (25) feet.

e. Size. No size limit.

• (Ord. 2025-04, § 2)

One (1) junior accessory dwelling unit is allowed in addition to accessory dwelling units on a residential lot. A junior accessory dwelling unit must be constructed within the walls of a proposed or existing single family residence. A junior accessory dwelling unit must have an independent exterior entrance and may have interior connections to the primary residence. One (1) junior accessory dwelling unit may be combined with one (1) attached interior accessory dwelling unit subject to the size restrictions under subsection 32-76.6.d, and one (1) detached new construction accessory dwelling unit that does not exceed eight hundred (800) square feet if combined with the interior accessory dwelling unit and the junior accessory dwelling unit described above.

(Ord. 2025-04, § 2)

a. The conversion or reconstruction in the same location within the dimensions of existing floor space within a single family residence or detached accessory structure to an accessory dwelling unit shall not be subject to setback height or size requirements under subsections 32-76.6 and 32-76.7.

b. An expansion of a maximum of one hundred fifty (150) square feet may be added to a converted accessory dwelling unit with a setback area that does not comply with the development standards under subsections 32-76.6 and 32-76.7, but shall be limited to accommodating ingress and egress for the unit. Any addition beyond one hundred fifty (150) square feet shall comply with the development standards contained in subsections 32-76.6 and 32-76.7.

c. Setbacks and construction methods shall be sufficient to address fire and safety issues.

• (Ord. 2025-04, § 2)

a. The property owner is not required to occupy either the primary residence or an accessory dwelling unit.

b. For a junior accessory dwelling unit, the property owner must occupy 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 another governmental agency, land trust, or housing organization. The property owner shall be required to record a deed restriction, which shall run with the land. Confirmation of the deed recordation shall be submitted to the Town prior to issuance of building permits and shall include both of the following:

1. 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.

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

• (Ord. 2025-04, § 2)

Any attached or detached accessory dwelling unit which is eight hundred (800) square feet or less in size shall be allowed on lands zoned to allow or conditionally allow residential use. These units shall not be subject to any development standards other than those specifically listed in Government Code Section 66323.

(Ord. 2025-04, § 2)

a. Except for the circumstances listed below, one (1) off-street parking space shall be provided for all new accessory dwelling units:

1. The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of a proposed or existing primary residence, multifamily dwelling, or an accessory

structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car-share vehicle located within one (1) block of the accessory dwelling unit.

b. Where required, a parking space for an accessory dwelling unit may be provided as tandem parking on the driveway and within setback areas in locations determined by the Town, unless specific findings are made that parking in setback areas or tandem parking is not feasible, based upon the specific site or regional topographical or fire and life safety conditions.

c. 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, no replacement parking shall be required.

• (Ord. 2025-04, § 2)

a. No additional off-street parking shall be required for a junior accessory dwelling unit.

b. If an existing one (1)- or two (2)-car garage is converted to a junior accessory dwelling unit, the parking spaces must be replaced or be demonstrated to exist off-street on the site. Required parking may be provided as tandem parking on the driveway and within setback areas in locations determined by the Town, 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.

(Ord. 2025-04, § 2)

If an accessory dwelling unit or junior accessory dwelling unit is rented, it shall be rented for terms longer than thirty (30) days.

(Ord. 2025-04, § 2)

Covenants, conditions, and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit shall be void and unenforceable.

(Ord. 2025-04, § 2)

a. An existing, substandard accessory dwelling unit not in conformance with this section shall be considered a nonconforming accessory dwelling unit. If a property owner wishes to alter an existing nonconforming accessory dwelling unit, the requirements of this section will apply to the proposed alteration.

b. An existing, but not approved accessory dwelling unit that meets the requirements of this section may be legalized if the property owner modifies the accessory unit to address any deficiencies identified through a life/safety inspection by the Town Building Division.

(Ord. 2025-04, § 2)

The accessory dwelling unit and/or junior accessory dwelling unit may be rented separate from the primary residence. An accessory dwelling unit may only be sold or conveyed separately from the primary residence under stated conditions, including a qualified, nonprofit corporation, as may be allowed if all conditions of Government Code Section 66341 are met.

(Ord. 2025-04, § 2)

32-77— 32-78 RESERVED.