A. Intent.

The intent of this section is to regulate accessory dwelling units and junior accessory dwelling units in residential zoning districts consistent with state law.

B. Applicability.

1. Each accessory dwelling unit or junior accessory dwelling unit shall require an accessory dwelling unit building permit or junior accessory dwelling unit building permit from the city.

2. Except as otherwise provided herein, an accessory dwelling unit and/or junior accessory dwelling unit building permit application shall be approved ministerially by the Director if it meets the requirements set forth in this section and all other applicable zoning, building and health and safety codes.

3. Subject to the limitations of Government Code section 66323, an accessory dwelling unit and/or junior accessory dwelling unit on a property included in the City's Historic Resources Inventory shall require historic clearance pursuant to Section 15.52.070(A).

4. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

5. The city shall not issue a certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling unit.

C. Development standards.

Each accessory dwelling unit and junior accessory dwelling unit shall comply with the following requirements:

1. Location, density.

• (a) The lot containing the proposed accessory dwelling unit or junior accessory dwelling unit shall be located within a zone that allows for residential uses and shall include a proposed or existing single-family or multi-family primary dwelling. Accessory dwelling units and junior accessory dwelling units are residential uses and deemed consistent with general plan and zoning designations that allow for residential uses and shall not be considered to exceed the density limitations applicable to the property.

• (b) Except as otherwise provided in subsection (g) below, the total number of accessory dwelling units and/or junior accessory dwelling units per lot shall not exceed the number of accessory dwelling units and junior accessory dwelling units per lot allowed pursuant to Government Code section 66323(a)(1-4) or any successor provisions.

• (c) No minimum lot size shall be required for approval of a permit for an accessory dwelling unit or junior accessory dwelling unit.

• (d) For the purposes of calculating allowable density, an accessory dwelling unit or junior accessory dwelling unit is not counted as an additional unit.

• (e) Notwithstanding any other provision of this Section, a detached accessory dwelling unit with a total floor area of 800 square feet shall be permitted on a lot with an existing or proposed primary dwelling unit consistent with the requirements of Government Code section 66323(a)(2), or any successor provisions.

• (f) Notwithstanding any other provision in this Section, an accessory dwelling unit or junior accessory dwelling unit shall not be permitted to be constructed on any property that has utilized the provisions of both Government Code sections 65852.21 and 66411.7 or any successor provisions.

• (g) Bonus for Affordable Accessory Dwelling Units. One additional accessory dwelling unit per lot shall be permitted for every accessory dwelling unit on that same lot that is set aside as affordable to very low income or low income households (as defined in Section 15.94.020 of this code) for a period of not less than 10 years, or as affordable to moderate income households (as defined in Section 15.94.020 of this code) for a period of not less than 15 years, provided that the property owner executes an affordable housing agreement acceptable to the Director and approved as to form by the City Attorney. Each affordable housing agreement must be signed by the owner of the real property upon which the affordable accessory dwelling unit will be located, and recorded against such property prior to issuance of a building permit. For accessory dwelling units to be counted as affordable, the following qualifying criteria shall be met:

  	Rental ADUs	For-Sale ADUs
  Very Low Income Households	"Affordable rent" as defined in Section 15.94.020, for very low income households.	"Affordable sales price" as defined in Section 15.94.020, for very low income households.
  Low Income Households	"Affordable rent" as defined in Section 15.94.020, for low income households.	"Affordable sales price" as defined in Section 15.94.020, for low income households.
  Moderate Income Households	30 percent of 110 percent of the area median income, as adjusted for family size appropriate for the unit.	35 percent of 110 percent of the area median income, as adjusted for family size appropriate for the unit.

  The "bonus" accessory dwelling unit shall otherwise comply with the provisions of this Section.

2. Floor Area.

• (a) Except for conversions, the total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.

• (b) The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the living area of the proposed or existing primary dwelling unless such restriction would result in a maximum size of less than 800 square feet, in which case 800 square feet shall be the permitted size.

• (c) For conversions, the total floor area of the accessory dwelling unit shall not exceed the physical dimensions of the existing primary dwelling unit or accessory structure except that it may include an expansion of up to 150 square feet solely for the purpose of accommodating ingress and egress. This subsection (C)(2)(c) does not apply to proposed accessory dwelling units described in and meeting the requirements of Government Code section 66323(a)(4).

3. Coverage Limits and Exceptions.

The accessory dwelling unit shall comply with the structural and impervious coverage limits of the applicable zoning district unless such coverage limits would prohibit the construction of an 800 square foot accessory dwelling unit. This subsection (C)(3) does not apply to proposed accessory dwelling units described in and meeting the requirements of Government Code section 66323(a).

4. Setbacks.

• (a) No setback is required for a conversion of an existing primary dwelling unit or accessory structure to an accessory dwelling unit or junior accessory dwelling unit or for an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing accessory structure, unless necessary for fire protection and safety.

• (b) Except for conversions, a setback of four feet from the side and rear lot lines shall be required for each accessory dwelling unit or junior accessory dwelling unit.

• (c) Except for conversions, accessory dwelling units shall comply with the front setback requirement of the underlying zoning district unless such setback would prevent the construction of an 800 square foot accessory dwelling unit in compliance with Government Code section 66323(a)(4) or any successor provisions. This subsection (C)(4)(c) does not apply to proposed accessory dwelling units described in and meeting the requirements of Government Code section 66323(a).

5. Height.

• (a) Attached and detached accessory dwelling units shall not exceed the heights listed in Government Code section 66321(b)(4) or any successor provisions, and shall comply with the design standards listed in subsection C(8) herein.

• (b) No accessory dwelling unit shall exceed two stories in height.

• (c) No height restriction shall apply to a junior accessory dwelling unit; however, the primary dwelling unit shall comply with any height restrictions for the zoning district.

6. Access.

• (a) Attached accessory dwelling units and conversions shall have independent exterior access from the primary dwelling unit.

• (b) No passageway shall be required in conjunction with the construction of a detached accessory dwelling unit.

• (c) If a junior accessory dwelling unit does not include a separate bathroom, it shall also include an interior entry to the main living area of the primary dwelling unit.

7. Fire Sprinklers.

Accessory dwelling units and junior accessory dwelling units shall not be required to have fire sprinklers if they are not required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:

• (a) When fire sprinklers are currently installed in the primary dwelling unit;

• (b) When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit or junior accessory dwelling unit; or

• (c) When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit, except for an addition solely for the purpose of constructing an accessory dwelling unit or junior accessory dwelling unit, which addition triggers any requirement for retroactive installation of fire sprinklers in the primary dwelling unit.

The construction of an accessory dwelling unit or junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any existing dwelling.

8. Design.

The Director is authorized to adopt written, objective design standards applicable to accessory dwelling units and junior accessory dwelling units not in conflict with applicable provisions of the Government Code, including but not limited to Section 66323. Accessory dwelling units and junior accessory dwelling units shall comply with the following design standards:

• (a) For second story units:

  • (i) The entrance to the accessory dwelling unit or junior accessory dwelling unit, porches/balconies, and stairs shall be oriented to face away from the nearest residential lot line.

  • (ii) Windows that face an adjoining residential property shall be of clerestory design and/or utilize privacy glass, fencing or landscaping to prevent a direct line of sight to the adjoining residential property.

• (b) Written objective design guidelines adopted by the Director prior to the submittal of an application.

9. Additional Development Standards for Junior Accessory Dwelling Units.

• (a) A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of applying building or fire codes.

• (b) The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet. If the sanitation facility (i.e., bathroom) for the junior accessory dwelling unit is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.

• (c) A junior accessory dwelling unit shall include an efficiency kitchen, including a cooking facility with appliances and a food preparation counter and storage cabinets.

D. Parking.

1. Except as provided in Government Code sections 66322 and 66323 or any successor provisions, one off-street parking space shall be required for each accessory dwelling unit in addition to any off-street parking requirements for the existing primary dwelling unit. The required off-street parking for an accessory dwelling unit may be located in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or wholly or partially converted to an accessory dwelling unit, replacement off-street parking is not required to be provided.

3. No parking shall be required for a junior accessory dwelling unit.

E. Utilities, fees.

1. Attached accessory dwelling units shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to related connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed with a new single-family dwelling.

2. Junior accessory dwelling units shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to related connection fees or capacity charges for utilities.

3. No impact fees shall be imposed on junior accessory dwelling units, or accessory dwelling units that are less than 750 square feet in floor area. For accessory dwelling units 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

F. Occupancy, sale/rent.

1. The accessory dwelling unit and/or primary dwelling unit may be occupied by any person without rent or may be rented, except that if the lot contains a junior accessory dwelling unit then one of the units on the lot must be owner-occupied unless the owner is another governmental agency, land trust, or housing organization.

2. The rental of an accessory dwelling unit or junior accessory dwelling unit shall be for a term longer than 30 days.

3. Except as otherwise provided in Government Code Section 66341, no accessory dwelling unit may be sold or otherwise conveyed separately from the primary dwelling unit.

4. No junior accessory dwelling unit shall be sold or otherwise conveyed separate from the primary dwelling unit. Prior to occupancy, the applicant shall record a deed restriction, which shall run with the land and be filed with the city, and shall include both of the following:

   • (a) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single family residence, including a statement that the deed restriction may be enforced against future purchasers.

   • (b) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section.

G. Correction of nonconformity.

The city can condition approval of an accessory dwelling unit permit or junior accessory dwelling unit on the correction of any existing physical improvements on the lot that do not conform with current zoning standards, building codes, or permitting requirements, provided the improvements present a threat to public health and safety and are affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.