Chapter 21.54 — ACCESSORY DWELLING UNITS

This section sets forth regulations for accessory dwelling units (ADU) in residential zoning districts consistent with state law (California Government Code Sections 65852.1 through 65852.2). Implementation of this section is intended to expand housing opportunities within existing neighborhoods while maintaining the primarily single- family residential character of the area.

(Ord. 612 Exhibit A (part), 2008; Ord. 705, § 7 (part), 2018).

(a) An application (Site Plan Review Application) for an ADU shall be subject to ministerial review and shall only be approved by the Community Development Department if the ADU satisfies all the standards below.

(1) The ADU is developed on a lot within the single-family residential (R-1) zoning district that contains only one existing single-family dwelling or is developed in conjunction with a new single-family residence on a vacant lot within the single-family residential (R-1) zoning district.

• (2) The ADU is the only ADU located, or proposed to be located, on the residential lot.

• (3) The ADU is not located on a lot, or adjacent to a lot, with real property that is listed on the California Register of Historic Places.

(4) The ADU is built using conventional construction methods or is a manufactured home built on a permanent foundation or chassis and designed to be used as a single-family dwelling when connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems.

(5) Before obtaining a building permit for an ADU, the owner of the lot or parcel shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and placing the following restrictions on the property, the property owner, and all successors in interest:

(A) The property owner must occupy either the primary dwelling unit or ADU as his or her primary principal residence;

• (B) The unit is not being occupied by the property owner shall be rented only for terms longer than thirty days;

• (C) The ADU is not to be sold or conveyed separately from the primary residence;

• (D) The property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards, including all city building, safety, health and fire codes;

(E) Any violation will be subject to penalties as provided in Chapter 1.08, “Penalties, Administrative and Civil Remedies, and General Provisions.”

(6) An ADU shall only be provided a separate address if it includes independent exterior access without any interior access to the interior living area of the primary residence.

(7) The height of attached and detached ADUs shall not exceed one story and fifteen feet at the peak of the roof or twelve feet for a flat-roofed structure. The roof pitch shall match that of the existing single-family residence. This one-story height restriction shall not apply to an ADU constructed above an existing garage, which shall not exceed a maximum height of thirty-five feet.

(8) If attached to the primary residence, the ADU shall comply with all the setback requirements of the applicable zone in which the primary residence and ADU are located and shall maintain a minimum distance of six feet from

other on-site structures.

(9) If detached from the primary residence, the minimum side and rear yard setbacks for an ADU shall be five feet; the front yard setback shall comply with the requirement of the applicable zone in which the primary residence and ADU are located, and the ADU shall maintain a minimum distance of six feet from other on-site structures.

(10) Notwithstanding paragraphs (8) and (9) above, the following setback exceptions apply where applicable: (A) An ADU constructed above an existing garage, shall maintain the same setbacks as the existing garage. The minimum side and rear yard setback for exterior stairs to a second floor ADU above a garage shall be five feet. Exterior stairs to a second floor ADU above a garage shall not be permitted along the front of the subject property. Interior stairs to a second floor ADU above a garage shall not encroach into the required two vehicle parking area within the garage. An ADU constructed above an existing garage shall not include a balcony, and any second-story window that faces a neighboring property shall be provided with translucent glazing or be placed at least six feet above the interior finished floor to protect the privacy of adjacent neighbors.

(B) For an ADU that is converted from an existing garage, no additional setbacks beyond the existing garage setback are required beyond those required by the local building and fire codes.

(11) The combined total lot coverage for both the primary residence and ADU shall not exceed the maximum lot coverage requirement of the applicable zone in which the primary residence and ADU are located.

(12) The design, materials, colors, architectural details and finish of an ADU shall match the primary residence.

(13) The minimum and maximum living area of an attached or detached ADU shall comply with the following:

(A) The minimum living area shall be one hundred fifty square feet with a minimum living/bedroom area of seventy square feet; and a minimum bathroom area of thirty square feet. The bathroom shall include a toilet, lavatory, and bathtub or shower. The remaining square footage shall include a kitchen, which shall include a sink, stove and refrigerator.

(B) The maximum living area shall be eight hundred square feet.

(14) An ADU shall have no more than one bedroom or any similar room that could reasonably function as a bedroom.

(15) In addition to the parking required for the primary residence, a minimum of one off-street parking space shall be provided for an ADU. The parking space required for the ADU must satisfy all the following:

(A) Parking shall not be in the front setback except on an approved paved driveway. Required yards and open space shall not be used for parking.

(B) The ADU's parking space may be tandem, covered, or uncovered, but must be paved.

(C) The ADU's parking space may be side-by-side on an expanded paved driveway with a maximum width of thirty feet provided the driveway apron is also expanded to align with the new driveway width.

(D) The dimensions of all parking spaces and driveways shall comply with Chapter 21.68, "Parking and Loading.” The minimum parking space size for all parking shall be equal to a "standard" parking stall.

(E) If an existing garage, carport or other covered parking is converted, demolished or displaced in conjunction with the construction of an ADU, the conversion or displacement shall not eliminate the off-street parking required for the primary residence which shall be replaced on-site. The replacement parking may be covered spaces, uncovered spaces or tandem spaces. Mechanical automobile parking lifts may also be used to replace the parking spaces provided they are located within a fully enclosed building. Additionally, if no additional parking is provided for the ADU, as a result of the parking exemptions listed in paragraph (16) below, then any existing garage, carport or other covered parking converted, demolished or displaced in conjunction with the construction of an ADU shall be replaced with the type (Fully Enclosed) and number of parking required for the primary residence.

(16) Notwithstanding paragraph (15) above, no additional parking space is required for an ADU that satisfies any of the following:

(A) The ADU is located within one-half mile of public transit as measured via the pedestrian path of travel starting at the property line of the subject lot;

• (B) The accessory dwelling unit is entirely located within an architecturally and historically significant historic district;

• (C) The ADU is part of the proposed or existing primary residence; or

• (D) The ADU is located within one block of a car share vehicle.

(17) All sewer, water, gas, and electrical utility connections of the ADU must be a part of the primary dwelling unit's system.

(18) If an automatic sprinkler system is required for the primary residence, the ADU must also provide an automatic sprinkler system.

(19) Deviations from the above prescribed ADU development standards may be considered via the Administrative Adjustment or Variance process when applicable.

(20) Junior ADUs as listed within Government Code Section 65852.22 are prohibited within the city.

(Ord. 612 Exhibit A (part), 2008; Ord. 705, § 7 (part), 2018).