Chapter 17.82

The provisions of this chapter are intended to set standards, in compliance with California Government Code Sections 66310—66342 (as amended over time), for the development of accessory dwell-

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ing units to increase the supply of smaller and affordable housing while ensuring such housing remains compatible with the existing neighborhood. [Source: 2020-243]

The provisions of this chapter are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development. [Source: 2020243]

Except as otherwise provided by this chapter, accessory dwelling units shall be ministerially permitted where allowed in Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 2020-243]

• E. Rental Terms. Accessory dwelling units shall not be rented for a term of less than thirty (30) consecutive days. [Source: 2020-243]

• F. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary dwelling located on the parcel. [Source: 2020-243]

• G. Permit Requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially through the Building Permit process. A Building Permit application for an accessory dwelling unit on a parcel with an existing single-unit or multiunit dwelling shall be acted upon within sixty (60) days of the Building Permit application being complete. The Building Permit applicant may request a delay in the Town's processing of the Building Permit, which shall result in the tolling of the sixty-day time. [Source: 2020-243]

• A. Accessory to Primary Residential Use. Accessory dwelling units shall be accessory to an existing or proposed primary dwelling. [Source: 2020-243]

• B. Where Allowed. Accessory dwelling units shall be located on a parcel zoned to allow singleunit or multi-unit residential uses and that contains an existing or proposed primary dwelling. [Source: 2020-243]

• C. Density Exemption. Accessory dwelling units are not subject to the density requirements of the General Plan but shall otherwise be consistent with the General Plan text and diagrams. [Source: 2020-243]

• D. Separate Conveyance. Accessory dwelling units shall not be sold or otherwise conveyed separately from the primary dwelling, except as otherwise provided in Government Code Sections 66340—66342 (as amended over time) 65852.26. [Source: 2020-243, modified]

• H. Planned Development Districts. Accessory dwelling units located in Planned Development zones shall comply with the requirements of this section. [Source: 2020-243]

A Building Permit for an accessory dwelling unit shall be issued only when the accessory dwelling unit complies with all the following development standards: [Source: 2020-243]

• A. Number of Units Allowed. The number and type of accessory dwelling units and junior accessory dwelling units as provided in Government Code section 66323 (as amended over time). See Chapter 17.84 (Junior Accessory Dwelling Unit (JADU))

• B. Location. An accessory dwelling unit shall be allowed in the following locations:

  1. Within or attached to an existing or proposed primary dwelling, including

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attached garages, storage areas, or similar attached areas; [Source: 2020-243]

2. An existing or proposed detached accessory structure, including "tiny homes"; or [Source: 2020-243]

3. Above a garage that is attached to or detached from the primary dwelling. [Source: 2020243]

4. When located within an existing accessory structure, the accessory structure shall only be enlarged to provide ingress and egress. An expansion needed to provide ingress and egress shall be limited to a maximum of one hundred fifty (150) square feet, shall provide exterior access, and shall provide side and rear setbacks adequate for fire and safety. [Source: 2020-243, modified]

• C. Setbacks. An accessory dwelling unit shall comply with the following setback requirements:

  1. Attached Unit. An attached accessory dwelling unit shall be subject to the same front setback requirement applicable to the primary dwelling, unless it precludes development of an accessory dwelling unit that is at least eight hundred (800) square feet, with fourfoot side and rear yard setbacks and complies with all other development standards of this section. For an accessory dwelling unit that is attached to a primary dwelling the maximum height is twenty-five (25) feet or the height limitation in the applicable zoning district that applies to the primary dwelling, whichever is lower. However, in no case shall the accessory dwelling unit exceed two (2) stories. The interior side, street side, and rear setbacks shall be a minimum of four (4) feet. No rear, street side, or interior side
  • setback is required for an accessory dwelling unit that is located fully within an existing single-unit dwelling, provided a separate exterior access is provided for the accessory dwelling unit. [Source: 2020-243, modified]

2. Conversion of Existing Living Space or Existing Accessory Structure. An accessory dwelling unit or portion of an accessory dwelling unit located within an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines. [Source: 2020-243]

3. Existing Garage. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as required for fire and safety. A setback of four (4) feet from the interior side, street side, and rear property lines is required for an accessory dwelling unit constructed above an existing garage. [Source: 2020-243]

4. Replacement of Existing Structures. An accessory dwelling unit constructed in generally the same location and to the same dimensions as an existing structure that will be demolished may utilize the same setbacks as the structure being replaced, when less than the setbacks required by [the Building Code]. [Source: 2020-243]

5. New Detached Unit. A new detached accessory dwelling unit shall comply with the front setback of the underlying zoning district, unless it precludes development of an accessory dwelling unit that is at least eight hundred (800) square feet, with four-foot side and rear yard setbacks and complies with all other development standards of this section. A detached accessory dwell-

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ing unit shall be located a minimum of four (4) feet from the interior side, street side, and rear property lines. [Source: 2020-243, modified]

6. Distance Between Structures. A detached accessory dwelling shall maintain a minimum of five (5) feet of separation between the primary dwelling and other accessory structures on the site or the minimum distance required by the Building Code, whichever is greater. [Source: 2020-243]

• D. Maximum Floor Area. Accessory dwelling units shall comply with the following floor area standards:

  1. Studio and one-bedroom accessory dwelling units shall not exceed eight hundred fifty (850) square feet in floor area. [Source: 2020-243]

  2. An accessory dwelling unit with two (2) or more bedrooms shall not exceed one thousand two hundred (1,200) square feet in floor area. [Source: 2020243]

  3. An accessory dwelling attached to an existing primary dwelling shall not exceed fifty (50) percent of the living area of the existing primary dwelling and shall also comply with the square footage limitations and allowances in Paragraph 1 and 2 above. [Source: 2020243]

  4. A detached, new construction accessory dwelling unit may be combined with one (1) junior accessory dwelling unit that complies with the requirements of Chapter 17.84 (Junior Accessory Dwelling Unit (JADU)). When combined with a junior accessory dwelling unit, the maximum size of the accessory dwelling unit is limited

to eight hundred (800) square feet, regardless of the number of bedrooms. [Source: 2020-243]

5. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven (7) feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage. [Source: 2020-243]

• E. Height Limit. A detached accessory dwelling is limited to a maximum height of sixteen (16) feet, except as set forth below:

1. If a detached accessory dwelling is located within a half mile of a major transit stop or high-quality transit corridor, as defined in Article 8 (Definitions), the unit is limited to a maximum height of eighteen (18) feet, and may be up to two (2) feet taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch of the primary dwelling unit. [Source: NEW]

   2. If a detached accessory dwelling is located on a parcel with a multistory, multi-unit dwelling structure, the unit is limited to a maximum height of eighteen (18) feet.

   3. An accessory dwelling located above a detached garage is limited to a maximum height of twenty-five (25) feet. [Source: 2020-243]

   4. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.

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• F. Site Coverage. An accessory dwelling unit shall comply with the site coverage requirements of the applicable zoning district, except that in the case where the allowable site coverage would preclude an accessory dwelling unit, one (1) attached or detached accessory dwelling unit with a maximum size of eight hundred (800) square feet, regardless of the number of bedrooms, shall be allowed and shall comply with the requirements of this section. [Source: 2020-243]

• G. Architectural Relationship and Design. An accessory dwelling unit that is attached to the primary dwelling and visible from the public right-of-way shall have the same materials, colors, roof materials and pitch, trim, and windows and doors as the primary structure.

• H. Privacy. For an accessory dwelling unit located outside of the required setbacks for the primary dwelling and fronting an adjoining property, one (1) or more of the following measures shall be used to provide privacy: windows located outside of the required setback of the primary dwelling and facing an adjoining property shall be clerestory (minimum of five (5) feet, six (6) inches above the finished floor) or shall have permanently obscured glazing or, with agreement of the adjoining property owner, two (2) feet of lattice that is fifty (50) percent open shall be added to a solid six-foot fence located on the shared property line. [Source: 2020-243, modified]

• I. Parking. One (1) off-street, all-weather parking space is required for an accessory

dwelling unit in addition to that required for the main dwelling, except as set forth below: [Source: 2020-243]

1. No off-street parking shall be required if any of the following circumstances exist:

   • a. The accessory dwelling is located within one-half (½) mile of public transit as defined in Article 8 (Definitions). [Source: 2020-243]

   • b. The accessory dwelling unit is located on a property with a Historic Overlay zone. [Source: 2020243]

   • c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. [Source: 2020-243]

   • d. When on-street parking permits are required, but not offered, to the occupant of the accessory dwelling unit. [Source: 2020-243]

• e. Where there is a car share vehicle located within one (1) block of the accessory dwelling unit. [Source: 2020-243]

  • f. To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to public transit or car share vehicle or on a lot with an Historic Overlay zone, or proof of local parking permit requirements. [Source: 2020-243]

2. The required off-street parking space may be covered or uncovered and shall be permitted in tandem and in setback areas, unless the review authority makes specific findings that such park-

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ing is not feasible due to specific site topographical or fire and life safety conditions. For the purpose of this section, "tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a parcel, lined up behind one another. [Source: 2020-243]

3. If a garage, carport, or covered parking is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required. [Source: 2020-243]

• J. Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling. A passageway that provides access to the accessory dwelling unit from a street is not required. For the purpose of this section, a passageway is defined as a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of an accessory dwelling unit. [Source: 2020-243]

• K. Fire Sprinklers. Fire sprinklers shall be required if required for the primary residence. [Source: 2020-243]

• L. ADUs Compliant with Government Code Section 66323(a)(1)—(4). Notwithstanding anything herein to the contrary, the Town shall ministerially approve an application for a Building Permit to construct an ADU consistent with Government Code Section 66323(a)(1)—(4).

This chapter shall not validate any existing illegal accessory dwelling unit. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit. [Source: 2020-243]