Chapter 18.96 — Accessory Dwelling Unit

Sections:

18.96.010 – Purpose and Intent 18.96.020 – Definition 18.96.030 – One Accessory Dwelling Unit Per Site 18.96.040 – Development Standards 18.96.050 – Occupancy Restrictions 18.96.060 – Accessory Dwelling Unit Permit Required 18.96.070 – Modification of Standards 18.96.080 – Use Permit Required 18.96.090 – Findings Required for Permit Issuance 18.96.090 – Duration of Permit 18.96.100 – Determination of Compliance 18.96.110 – Recordation of Permit 18.96.120 – Revocation of Permit 18.96.130 – Legalization of Existing Units 18.96.140 – Inspections 18.96.150 – Illegal Accessory Units 18.96.160 – Post Decision Procedures

The purpose and intent of this chapter is:

• A. To increase the supply of affordable housing by allowing accessory dwelling units (also known as second units) in conformance with Government Code Section 65852.2 to be established on lots zoned for single family or multiple family dwellings and containing a single-family dwelling;

• B. To establish standards for the development and occupancy of accessory dwelling units to ensure they are compatible with neighboring uses and structures, adequately equipped with public utility services, do not result in negative traffic or public safety impacts, and are safe for human occupancy; and

• C. To strict or prohibit accessory dwelling units which create unreasonable traffic, safety, privacy or other adverse impacts, and to prevent adverse impacts on any real property listed in the California Register of Historic Places

Accessory Dwelling Unit or Accessory Unit (ADU) . As used in this chapter means a separate dwelling unit providing complete independent living facilities for one or more persons containing living, sleeping, kitchen and sanitation facilities which are defined as a partial bathroom (a water closet, sink or a toilet) or a full bathroom (water closet, sink and a toilet). An existing single family residence may be converted to an accessory unit in conjunction with the development of a new main dwelling unit on the site and in conformity with the development standards for a new accessory unit as set forth in this chapter. Subject to the restrictions contained in this chapter, an accessory unit may be either attached to, or detached from or incorporated into the main dwelling unit. An Accessory Dwelling Unit also includes an efficiency unit, as

East Palo Alto Development Code, Title 18

45 August 2018

Chapter 18.96

Accessory Dwelling Unit

defined in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.

Only one Accessory Dwelling Unit shall be permitted on any one site. The unit shall not be sold separately from the primary residence, nor rented for a term of less than 30 days.

Except as otherwise provided in this chapter, each Accessory Dwelling Unit shall comply with all of the following development standards:

• A. Zoning. The lot is within a single family or multiple family zoning district and already contains one legally created single-family dwelling.

• B. Density. The accessory unit shall be deemed to comply with the density allowed in the General Plan Land Use Element Map and shall not be considered to exceed the allowable density for the lot upon which it is located.

• C. Lot size. If the accessory unit is attached to the main dwelling or incorporated within the main dwelling, the site area of the lot upon which the unit is located shall be not less than 5,500 square feet. If the accessory unit is detached from the main dwelling, the lot upon which the unit is located shall be not less than 7,500 square feet. Detached accessory units must be located in the rear of the lot.

• D. Unit size. The floor area of an attached accessory unit shall not exceed 50 percent of the living area (interior habitable area) of the existing single family dwelling, not including the garage, if any. In no instance shall an attached accessory unit exceed 1.000 square feet. Detached accessory units shall be no more than 700 square feet, except that unit size may be increased by one square foot for each 10 square feet of lot area in excess of 6,500 square feet, up to a maximum size of 1,000 square feet. Total floor area of the main dwelling and the accessory unit shall not exceed the permissible floor area or lot coverage for the underlying zoning district.

• E. Building Codes. The accessory unit shall comply with applicable building, health and fire codes. No passageway (pathway unobstructed to the sky extending from a street to an entrance of the unit) shall be required in conjunction with the construction of an accessory dwelling unit. Accessory units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.

• F. Open Space. A minimum of 750 square feet of open space shall be maintained on the lot.

G. Parking.

1. Requirements: A minimum of one uncovered off-street parking space shall be provided for the accessory unit in addition to the off-street parking spaces required for the main dwelling. The parking space may be provided in an existing driveway or by tandem parking, unless a specific finding is made that such parking is not feasible due to specific site, topographical or fire and life safety conditions.

2. Exceptions to the Parking Requirements - No parking standards shall be imposed if:

   • a. The accessory dwelling unit is located within one-half mile of a public transit corridor as defined in Health and Safety Code Section 50093.5.

East Palo Alto Development Code, Title 18

August 2018

46

Chapter 18.96

Article 7 – Permit Processing Procedures

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

• c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

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

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

H. Water and Sewer.

1. The accessory dwelling unit shall not be required to install a new or separate utility connection directly between the unit and the utility and shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges if it meets the following requirements: the unit is (a) contained within the existing space of a single-family residence or an existing legally-constructed accessory structure, (b) has independent exterior access from the existing residence, and (c) the side and rear setbacks are sufficient for fire safety.

2. All other accessory dwelling units are required to have new or separate utility connection directly between the accessory dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge. Any fee or charge shall be proportionate to the burden upon the water or sewer system of the proposed accessory dwelling unit, based on unit size or the number of plumbing fixtures. The fee or charge shall not exceed the reasonable cost of providing the service.

• I. Access. The accessory unit shall be served by the same driveway access to the street as the existing main dwelling.

• J. Common entrance. If the accessory dwelling unit is attached to the main dwelling, both the accessory unit and the main dwelling unit must be served by a common entrance or a separate entrance to the accessory unit must be located on the side or at the rear of the main dwelling.

• K. ADUs In Existing Structures. Prior to submitting an application for review, a proposal for an ADU within an existing structure must receive a Zoning Clearance letter from the Department. The Director shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit (1) is contained within the existing space of a single-family residence or existing legally-constructed accessory structure, (2) has independent exterior access from the existing residence, and (3) the side and rear setbacks are sufficient for fire safety.

• L. Setback for Garage Conversion. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

• M. Setbacks for Detached Units. Detached units shall be set back 6 feet from the rear property line and existing house. The units also shall be three feet from side property lines for interior lots. The street side property line for an accessory unit on a corner lot shall be a minimum of 12 feet.

East Palo Alto Development Code, Title 18

47 August 2018

Chapter 18.96

Accessory Dwelling Unit

• A. Either the existing main dwelling or the accessory unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the main dwelling or the accessory unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization.

• B. The accessory unit may not be occupied by more than three people as permanent living quarters, unless otherwise approved by the Commission pursuant to this chapter.

• C. The accessory unit, or the main unit if the accessory unit is owner occupied, may not be rented out on a short term (less than 30 days) basis.

• D. This section shall apply to either a new or existing accessory unit for which a permit is granted pursuant to this chapter.

Review of an Accessory Dwelling Unit Permit application for compliance with the development standards compliance with standards set forth in this chapter is ministerial in nature and requires approval of the Director. A determination about compliance with standards shall be made within 120 days of the determination that the application submittal is complete.

• A. Contents of application. An application for an accessory unit permit shall be filed with the Director on such form as the Director shall prescribe. The application shall be accompanied by information required by the Director, including but not limited to the following:

  1. An accurate scale drawing of the site showing lot size, streets, property lines, the location of all existing and proposed structures, the location of all existing and proposed off-street parking spaces and driveways (including permeable pavers or open-cell concrete blocks) on the site, and the location of existing trees and landscaping;

  2. Floor plan and elevations of existing and proposed structures, including a calculation of the floor area and coverage of each and all structures and the floor area of the accessory unit;

  3. A boundary survey of the lot on which the accessory unit is proposed showing all existing and proposed structures, parking spaces, and driveways (including permeable pavers or open-cell concrete blocks), and other paved surfaces.

• B. Processing fee. A processing fee established by resolution of the Council shall be paid to the City at the time of filing the application for an Accessory Dwelling Unit permit.

The Commission may modify any of the development standards set forth in Sections 18.96.040 and 18.96.050 except lot sizes if the Commission determines that such modification will better achieve the purposes and objectives of this chapter and provided the Commission is able to make all of the findings required for issuance of an Accessory Dwelling Unit permit as prescribed in Section 18.96.090.

The Commission shall have authority to waive or modify either or both of the occupancy restrictions if the Commission determines that, by reason of special circumstances in a particular case, the application of

East Palo Alto Development Code, Title 18

August 2018

48

Chapter 18.96

Article 7 – Permit Processing Procedures

such restrictions will result in extreme hardship upon the owner or occupant of the property. The Commission may impose such conditions as it deems necessary or appropriate in order to mitigate any actual or potential adverse impacts from the granting of a waiver or modification

An Accessory Dwelling Unit application to waive or modify the development standards set forth in this chapter requires approval by the Commission of a Use Permit pursuant to Chapter 18.88.

Except as otherwise provided in Section 18.96.130 related to permit revocation, the Commission may grant an application for an Accessory Dwelling Unit Permit as applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes all of the following findings:

• A. The proposed accessory unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties;

• B. The proposed accessory unit is designed to be compatible with the exterior appearance and character of the existing main dwelling;

• C. The proposed accessory unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping; and

• D. The proposed accessory unit will not cause unreasonable noise, traffic congestion, parking congestion, or overload existing public facilities or utilities.

An Accessory Unit Dwelling Permit may be granted for a specified period of time, with or without the right to apply for extensions, or may be allowed to continue indefinitely for so long as the holder of such permit complies with the applicable restrictions and standards contained in this chapter and the conditions of approval of the Use Permit. Such Use Permit shall run with the land and the conditions of approval thereof shall be binding upon all successive owners of the property on which the accessory unit is located for so long as the Use Permit remains in effect.

The Director may at any time, either upon Director initiative or when instructed by the Commission to do so, request the holder of an Accessory Dwelling Unit Permit and Use Permit to certify that such holder has complied and continues to comply with all of the applicable standards and restrictions of this chapter and all conditions as set forth in the Accessory Unit Permit and Use Permit. The Director may request the holder to furnish such information and documents as the Director deems necessary in order to verify the truth or accuracy of any statements contained in the certification

The original Accessory Dwelling Unit Use Permit shall be recorded in the office of the Recorder for San Mateo County. All of the restrictions and conditions applicable to such Use Permit shall be set forth therein, including the occupancy restrictions.

East Palo Alto Development Code, Title 18

49 August 2018

Chapter 18.96

Accessory Dwelling Unit

In addition to the grounds for revocation of a Use Permit set forth in Chapter 18.88, the Commission may revoke any Accessory Dwelling Unit Permit upon a finding that:

• A. The holder of the Accessory Dwelling Unit Permit has violated any of the permit conditions: or

• B. The holder of the Accessory Dwelling Unit Permit has failed to provide a certification of compliance after being requested to do so; or

• C. The owner of the property has failed to establish the accessory unit within a reasonable time after the granting of the permit: or

• D. The accessory unit has been eliminated through alteration of the structure in which such unit was contained; or

• E. Any of the findings required for issuance of the permit can no longer be made.

• A. Purpose of section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Accessory units currently exist which were created prior to the adoption of this chapter. In order to encourage the legitimization of such units under the law, the owners of property on which accessory units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing accessory units are not safe and sanitary for continued human occupancy, the City has the responsibility to either ensure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this section is to establish special procedures and standards for legalization of existing accessory units that are or can be made fit for human occupancy.

• B. Scope of section. This section shall apply only to accessory units established prior to January 8, 1990 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any accessory unit established from and after January 8, 1990 shall be deemed a new unit subject to the development standards of this chapter.

• C. Contents of application. Application for an Administrative Use Permit to legalize an existing accessory unit shall be filed with the Director. The application shall be accompanied by the following:

  1. An accurate scale drawing of the site showing streets, property lines, the location of all existing and proposed structures, the location of all off-street parking spaces and driveways on the site, and the location of existing trees and landscaping;

  2. Floor plan and elevations of existing and proposed structures, including a calculation of the floor area of each structure;

  3. Inspection report by an independent contractor, as required by Section 18.96.070;

  4. The name of each occupant of the accessory unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupant;

East Palo Alto Development Code, Title 18

August 2018

50

Chapter 18.96

Article 7 – Permit Processing Procedures

5. A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County of San Mateo or as otherwise known to the applicant;

6. If the accessory unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site; and

7. Evidence of the date on which the accessory unit was established, in a form and substance satisfactory to the Director.

• D. Processing fee. A processing fee shall be paid to the City at the time of filing the application for an Administrative Use Permit. If the application is voluntarily filed by the property owner the fee shall be 50 percent of the amount then charged as the normal Accessory Dwelling Unit Permit application fee. If the application is filed in response to a written notice from the City to do so, the fee shall be the amount then charged as the normal Accessory Dwelling Unit Permit application fee.

• E. Procedure. Upon the filing of an application for an Administrative Use Permit to legalize an existing accessory unit, the following procedure shall be followed:

  1. The Director shall send a written notice of the application to each of the adjacent property owners as shown by the latest available assessment roll of the County of San Mateo. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the Director within 10 days from the date of the notice.

  2. If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render a decision without conducting an administrative hearing.

  3. If a request for an administrative hearing is received within the time prescribed in the notice, the Director shall fix a time and place for the conduct of such hearing and shall give written notice to the applicant and the person or persons requesting the hearing. Within 10 working days of the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of the decision to the applicant and the person or persons who requested the hearing.

• F. Standards. Existing accessory units shall comply with the following standards:

  1. In lieu of compliance with the California Building Code, the accessory Unit shall comply with the California Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes;

  2. Where the accessory unit is served by a septic tank and sanitary sewer service is not available for connection by such unit, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and any successors will be obligated to connect the Accessory Unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay the proportionate share of the installation cost; and

  3. The accessory unit shall comply with such other standards which, in the judgment of the Director, are necessary or appropriate to mitigate adverse impacts on adjacent properties.

East Palo Alto Development Code, Title 18

51 August 2018

Chapter 18.96

Accessory Dwelling Unit

• G. Findings. The Director may grant the application for an Administrative Use Permit to legalize an existing accessory unit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Director makes all of the following findings:

  1. The unit complies with the provisions of the California Housing Code and applicable provisions of the health and fire codes;

  2. The unit is compatible with the exterior appearance and nature of the existing main dwelling on the site; and

  3. The unit does not unreasonably interfere with the privacy otherwise available to the residents of adjacent properties.

• H. Disqualified existing units. Any accessory unit established prior to January 8, 1990, which does not qualify for legalization under this section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the provisions of this chapter.

• I. Burden of proof. Wherever in this section the legalization of an existing accessory unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant.

• A. Where the application is for legalization of an existing accessory unit or approval of a proposed unit to be attached to the main dwelling, an inspection of the property shall be conducted to determine that the existing accessory unit, and any main dwelling to which an accessory unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. If an Administrative Use Permit is granted, a further inspection to determine such compliance shall be conducted after any construction or alteration work is completed. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the cost shall be paid by the applicant.

• B. The inspections to be conducted pursuant to this section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the issuance of an Accessory Dwelling Unit Permit constitute a representation or warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes.

The establishment or continuance of an accessory unit without a permit as required under this chapter is declared to be unlawful and shall constitute a misdemeanor violation of this chapter and a public nuisance. Any violation of this chapter shall be subject to the enforcement provisions and penalties as prescribed in Chapter 18.118.

The procedures and requirements related to permit implementation and to appeals and revocation apply following the decision on an Accessory Dwelling Unit Permit application.

East Palo Alto Development Code, Title 18

August 2018

52

Chapter 18.98

Article 7 – Permit Processing Procedures