§ 19.134

The purpose of this Chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units and junior accessory dwelling units in compliance with Government Code Sections 65852.2 and 65852.22. It is the intent of the City to protect and preserve existing neighborhoods while providing affordable housing.

(Ord. No. 311, § 4(Exh. A), 9-26-2023)

A.

New Accessory Dwelling Units. The development standards of this Chapter shall apply to all new accessory dwelling units and junior accessory dwelling units.

B.

Modification and Expansion of Existing Accessory Dwelling Units. Whenever an existing permitted accessory dwelling unit is modified or expanded such that it creates an increase of more than 10 percent in the floor space, the development standards of this Chapter shall apply.

(Ord. No. 311, § 4(Exh. A), 9-26-2023)

A.

Accessory dwelling unit or ADU. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

Accessory Dwelling Unit, Attached. A residential dwelling attached to a primary residence by at least one wall.

C.

Accessory Dwelling Unit, Detached. A residential dwelling unit which does not share any portion of a wall with the primary residence but may be attached by a breezeway or roof structure that is open on at least two sides.

D.

Complete independent living facilities. A dwelling unit that contains permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the proposed or existing single-family or multifamily dwelling.

E.

Efficiency Unit. A residential dwelling which provides occupancy for not more than two persons, having a minimum floor area of 220 square feet.

F.

Junior accessory dwelling unit or JADU. A residential dwelling unit that:

1.

Is not less than 150 square feet and not more than 500 square feet in size.

2.

Is contained entirely within an existing or proposed single-family structure.

3.

Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

Includes provisions for cooking.

5.

Has exterior access that is independent from that of the primary residence.

(Ord. No. 311, § 4(Exh. A), 9-26-2023)

19.134.040 - Permit Required

A.

Any application for an accessory dwelling unit or junior accessory dwelling units that meets the location and development standards contained in this Chapter shall be approved ministerially without discretionary review or public hearing.

1.

If there is an existing dwelling on the property, the City must act on the application for the ADU or JADU within sixty (60) days of receiving the completed application.

2.

If the application for an ADU or JADU is submitted with the application for a new single-family dwelling, the City may delay acting on the permit for the ADU or JADU until the permit for the single-family dwelling is approved. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

3.

If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4.

The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

B.

Accessory dwelling units shall be reviewed as part of the established Building Permit process, and compliance with the standards of this Chapter will be verified through the Planning Division.

(Ord. No. 311, § 4(Exh. A), 9-26-2023)

A.

Density. For the purposes of this Chapter, accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan.

B.

Accessory Dwelling Unit standards shall not be considered in the application of any local ordinance, policy or program to limit residential growth.

C.

The correction of non-conforming zoning conditions shall not be a requirement for the approval of permit for the creation of an ADU or JADU.

D.

The installation of fire sprinklers shall not be required in an ADU or JADU if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

E.

Accessory dwelling units may be rented separate from the primary dwelling unit but shall not be sold or otherwise conveyed separate from the primary residence.

F.

Location.

1.

One ADU or JADU may be located on any residential lot zoned for single-family dwellings upon which an existing single-family dwelling exists or is proposed.

2.

One ADU may be permitted on any lot zoned as Mixed Use on which an existing or proposed single-family dwelling exists.

3.

Not more than two detached ADU's may be located on any residential lot that allows for multi-family dwelling units upon where an existing multi-family dwelling unit exists.

4.

One attached accessory dwelling unit shall be allowed within the portions of a multi-family structure that are not used for living space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements and garages. In addition, no more than two detached accessory dwelling units shall be allowed for every lot upon which a multi-family structure sits.

G.

Size Requirements.

1.

Accessory Dwelling Units shall be a minimum of 220 square feet.

2.

Junior Accessory Dwelling Units shall be a minimum of 150 square feet.

3.

The maximum size of a detached or attached ADU is 850 square feet for a studio or one-bedroom unit.

4.

The total floor area for a new detached accessory dwelling unit with more than one bedroom shall not exceed one thousand two hundred (1,200) square feet.

5.

Junior Accessory dwelling units shall not exceed 500 square feet. Junior Accessory Dwelling Units shall only be located in a primary dwelling and shall not be located within an accessory structure.

6.

All Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with the California Building Code. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

7.

A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

H.

Setbacks. Accessory dwelling units shall conform to the setbacks of the applicable land use district, except that side and rear yard setbacks may be four feet, but shall not encroach into any required non-buildable easements. The front yard setback of the underlying zone shall apply, unless either the attached or detached unit does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other development standards.

I.

Height.

1.

A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit.

2.

A height of 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 a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

3.

An additional two 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.

4.

A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

5.

A height of 25 feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

J.

Parking Requirements.

1.

One off-street parking space shall be provided for each ADU. These spaces may be provided as tandem parking on a driveway.

2.

Exception. No off-street parking is required in the following instances:

a.

The ADU is located within one-half mile walking distance of public transit.

b.

The ADU is located within an architecturally or historically significant housing district.

c.

The ADU is part of the proposed or existing primary residence or accessory structure.

d.

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

e.

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

f.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.

3.

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, those off-street parking spaces are not required to be replaced.

4.

A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.

K.

Utilities.

1.

Accessory dwelling units shall have a septic system per standards established by the Building Code, unless the property is served by a public sewer. All septic systems on properties with an accessory dwelling unit shall have adequate additional reserve leach area, as required by the Building Official or the San Bernardino County Department of Environmental Health, unless the property is served by a public sewer.

2.

Separate utility service may be established for an accessory dwelling unit located on a portion of the lot that could legally be separated by lot division. Separate utility service may not be established for an accessory dwelling unit located on a portion of the lot that could not legally be separated by lot division.

3.

All applicable county, state and federal laws will be adhered to in regard to allowing accessory dwelling units.

(Ord. No. 311, § 4(Exh. A), 9-26-2023)

Chapter 19.136 - Single-Room Occupancy Facilities