17.140.180 Accessory and junior accessory dwelling units.
The standards set forth in this section may be applied to any lot in the city permitting single-family or multifamily residential uses each, an “eligible lot.” For lots zoned to permit single-family dwelling units, these standards are applicable in conjunction with a proposed or existing primary dwelling unit upon such lot. For lots zoned to permit multifamily dwelling units, these standards are applicable in conjunction with an existing or proposed primary multifamily dwelling.
A. Permit Required. A building permit is required for any new accessory or junior accessory dwelling unit.
B. Number of ADUs. The following number and types of accessory dwelling units shall be allowed.
1. Lots Zoned to Allow Single-Family Dwelling Units. For each eligible single-family lot, up to one (1) accessory dwelling unit and one (1) junior accessory dwelling unit may be permitted with an existing or proposed single-family dwelling unit.
2. Lots Zoned to Allow Multifamily Dwelling Units. Accessory dwelling units may be permitted with existing or proposed multifamily dwelling units in accordance with the following:
a. At least one (1) unit and up to twenty-five percent (25%) of the existing number of multifamily dwelling units may be permitted within portions of an existing multifamily development in those areas that are not used as livable space including (but not limited to) storage rooms, basements, garages, attics, or other similar areas that may be converted.
b. For an existing or proposed multifamily development, in addition to the provisions of (B)(2)(a), for each eligible multifamily lot, up to two (2) detached accessory units may be constructed, subject to four (4) foot side and rear setbacks and a height limit of sixteen (16) feet and three (3) foot side and rear setbacks and a height of twelve (12) feet.
C. Size.
1. Lot coverage; open space requirements. Each eligible lot, regardless of the size of the primary dwelling unit, maximum lot coverage, or minimum open space requirements may include an attached or detached accessory dwelling unit of up to eight hundred (800) square feet;
2. Maximum unit size. For each eligible lot, the maximum size of an attached or detached accessory dwelling unit shall be not more than one thousand two hundred (1,200) square feet, but under no circumstances shall the attached or detached accessory dwelling unit be larger than the primary dwelling unit;
3. Efficiency units. The unit size for an attached or detached accessory dwelling unit or junior accessory dwelling unit shall, at a minimum, meet the standards for an efficiency unit as defined by the California Health and Safety Code section 17958.1. Minimum standards shall be applied through the building code; and
4. Junior ADUs. A junior accessory dwelling unit shall not exceed an area of five hundred (500) square feet.
D. Parking.
1. Except as otherwise provided in this subsection, one (1) additional paved off-street parking space per accessory dwelling unit must be provided. Such parking space may be provided as a tandem space and/or located in the required front yard setback area if in compliance with the paved parking standards listed in section 17.140.160. Parking is not required to be provided in any of the following circumstances:
a. Proximity to public transit. Unit is located within one-half (1/2) mile of public transit, including light rail and bus stations;
b. Historical/Architectural significance. Unit is located within an architecturally and historically significant residence historic district;
c. Primary dwelling units. Unit is part of the proposed or existing primary dwelling unit, or an accessory structure as defined in section 17.140.120 (Accessory structures);
d. Junior ADU. Unit is a junior accessory dwelling unit or is part of an existing primary dwelling unit or an existing accessory structure;
e. On-street parking permit. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
f. Car-share program. There is a car-share program located within one (1) block of the accessory dwelling unit.
E. Standards of Development.
1. Conversion for an Accessory Dwelling Unit. Existing permitted structures converted to an accessory dwelling unit either attached or detached to the primary dwelling unit such as a garage or other accessory building shall meet the following requirements:
a. Building and fire safety codes;
b. Independent exterior access from the existing primary dwelling unit; and
c. Sufficient side and rear setbacks for fire safety.
2. Detached Accessory Dwelling Unit. New detached structures for accessory dwelling units shall meet the following requirements unless such requirements prohibit an accessory dwelling unit of at least eight hundred (800) square feet in area with three (3) foot rear and side yard setbacks:
a. Conformity with all requirements of the zone in which the unit is located, except as identified in paragraphs (2)(b) through (g), below. Additionally, detached accessory dwelling units shall be located outside of the front and exterior setback unless this requirement would prohibit an accessory dwelling unit of at least eight hundred (800) square feet in area;
b. Limited to the maximum height of the underlying zone when located within the primary dwelling unit setback requirements. Height limitations for areas outside of the primary dwelling unit setbacks are as follows:
i. Maximum height of twenty (20) feet with a five (5) foot setback; no more than sixteen (16) feet with four (4) foot setback; and no more than twelve (12) feet with a three (3) foot setback,
ii. When the detached accessory dwelling unit is within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor the height is limited to eighteen (18) feet with up to two (2) additional feet permitted to accommodate a roof pitch so long as it is aligned with the roof pitch of the primary dwelling,
iii. When the detached accessory dwelling unit is located on a lot with an existing or proposed single-family or multifamily dwelling that is two (2) stories or greater, the height is limited to eighteen (18) feet;
c. Subject to a minimum three (3) foot rear and side setback;
d. In accordance with the California Health and Safety Code requirement, no fire sprinkler system is required unless provided for the primary dwelling unit;
e. Limited in size in accordance with subsection (C) above;
f. Attached covered patios, porches and similar covered areas intended to be used by the occupant of the accessory dwelling unit, except for a garage or carport, shall be limited to a maximum ten percent (10%) of the floor area of the proposed unit; and
g. The proposed accessory dwelling unit shall be constructed of similar building materials, colors, and with a similar architectural style to the primary dwelling unit.
3. Attached Accessory Dwelling Unit. New attached accessory dwelling units shall meet the following requirements unless such requirements prohibit an accessory dwelling unit of at least eight-hundred (800) square feet in area with three (3) foot rear and side setbacks:
a. Conformity with all requirements of the zone in which the unit is located, except as identified in paragraphs (3)(b) through (g), below;
b. Limited to the maximum height of the underlying zone when located within the primary dwelling unit setback requirements and to a maximum height of twenty (20) feet with a five (5) foot setback; no more than sixteen (16) feet with four (4) foot setback, and no more than twelve (12) feet with a three (3) foot setback;
c. Subject to a minimum three (3) foot rear and side setback;
d. In accordance with the California Health and Safety Code requirement, no fire sprinkler system is required unless provided for in the primary dwelling unit. If an accessory dwelling unit is attached to the primary single-family dwelling unit, the wall separating units shall be as required by the California Building Code, and/or the California Residential Code or both;
e. Limited in size in accordance with subsection (C) above;
f. Attached covered patios, porches and similar covered areas intended to be used by the occupant of the accessory dwelling unit, except for a garage or carport, shall be limited to a maximum ten percent (10%) of the floor area of the proposed unit; and
g. The proposed accessory dwelling unit shall be constructed of similar building materials, colors, and with a similar architectural style to the primary dwelling unit.
4. Junior accessory dwelling units shall meet the following requirements:
a. Shall be created within the existing walls of the primary dwelling unit and include a bedroom;
b. Shall include an independent exterior access from the primary dwelling unit;
c. Shall include an efficiency kitchen that consists of:
i. A sink with a maximum waste line diameter of one and one-half (1-1/2) inches,
ii. A cooking facility with appliances which do not require electrical service greater than one hundred and twenty (120) volts or natural or propane gas, and
iii. A food preparation counter and storage cabinets that are reasonable to the size of the unit; and
d. No additional parking shall be required for the junior accessory dwelling unit.
F. Standards of Performance. Every accessory and junior accessory dwelling unit approved by this Title shall meet the following standards of performance:
1. Owner occupancy. The property owner must occupy either the primary dwelling unit or the accessory dwelling unit, unless the property owner is a governmental agency, land trust, or housing organization. Should this requirement not be honored by the property owner, it will be cause to have the accessory or junior accessory dwelling unit removed in accordance with appropriate procedures. Owner occupancy requirements shall not be enforced through January 1, 2025 in accordance with Government Code section 65852.2(a)(6).
2. Recorded restrictions. A notice of restriction shall be recorded so that it appears in the chain of title for the property. A building permit will not be finalized without proof of recordation of the notice of restriction.
3. Common ownership. The unit shall not be sold separate from the primary dwelling unit.
4. Minimum term. Tenancy shall not be less than thirty (30) days.
G. Fees.
1. Development impact fees; applicability. Development Impact Fees for ADUs and JADUs shall comply with Chapter 17.25 Procedures, Hearings, Notices and Fees.
2. Fee waiver. In addition to the requirements in Chapter 17.25, ADUs or JADUs that are less than seven hundred and fifty (750) square feet shall not be subject to any impact fees. Any impact fees charged for an ADU more than seven hundred and fifty (750) square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.
H. Special Exemption from City Standards. Notwithstanding other provisions of this Title, the addition of an accessory or junior accessory dwelling unit on a lot as provided under this section of and by itself will not initiate requirements for any new or updated standards relating to the existing residential structure. Such standards or requirements that would otherwise apply will be deferred until the normal operation of those other city code sections come to apply to such property. Such deferral of new or updated standards will not be granted for any building or portion thereof that was constructed illegally, nor will such deferral be granted for required public improvements. It is the clear intent of this subsection that the existing standards which were legally provided on the existing residential structure may remain as they were prior to the construction of the second-family unit. (Ord. 5136 § 14, 2023.)