All accessory dwelling units must comply with the following standards:
B. Type of Unit. An accessory dwelling may be created within an existing or proposed principal dwelling or accessory structure on the property; may be added to a principal dwelling or accessory structure; or may be built as a structure separate from any existing or proposed structure on the property. Accessory dwelling units proposed in multifamily dwelling structures must comply with state building standards for dwellings and may not convert portions of the existing structure that are used for livable space.
C. Number of Units Allowed. Notwithstanding the development standards included in this section or elsewhere in the Implementing Zoning Ordinance, the requirements for the number of accessory dwelling units allowed on a lot are as follows:
b. Any addition beyond the existing single-family dwelling or accessory structure to accommodate the accessory dwelling unit or junior accessory dwelling unit does not exceed 150 square feet and is limited to accommodate ingress and egress;
If the accessory dwelling units are provided within an existing multifamily dwelling structure, the maximum number of accessory dwelling units may not exceed 25 percent of the existing number of multifamily dwelling units, or one unit, whichever is greater.
D. Size of Unit. The maximum allowable living area of an accessory dwelling unit is 1,000 square feet; provided, however, that if a proposed accessory dwelling unit is to be attached to an existing or proposed primary residence, then the accessory dwelling unit total living area may not exceed 50 percent of the total living area of the primary residence, unless the accessory dwelling unit has a total living area no greater than 800 square feet, a height no greater than 16 feet, and minimum four-foot side and rear yard setbacks. “Living area” is the interior habitable area of the accessory unit including basements and attics but not including garages. Living area shall be measured from the interior side of the exterior walls of the building.
E. Existing Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the establishment of an accessory dwelling unit the off-street parking spaces formerly provided by the demolished structure are not required to be replaced. If replaced, parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts (Consistent with Section 11.070).
G. Setbacks. An accessory dwelling unit must provide setbacks of no less than four feet from the side and rear lot lines. No setback shall be required for the conversion or in-kind reconstruction of existing living area or noncomplying detached structures to accommodate a new accessory dwelling unit. In-kind reconstruction shall mean the same location, building footprint and height. Any construction proposing expansion to a nonconforming structure, such as a second story, must provide setbacks of no less than four feet from the side and rear lot lines.
H. Parking. No additional parking is required for new accessory dwelling units.
I. Open Space. Parcels on which accessory dwellings are built shall have a minimum of 100 square feet of useable open space available for use by occupants of the unit, independent of the primary residence’s requirement.
J. Development Standard Exceptions. Limits on lot coverage, floor area ratio (FAR), and open space do not apply to accessory dwelling units that are less than 800 square feet, do not exceed 16 feet in height, provide minimum four-foot side and rear yard setbacks, and comply with all other local development standards. On multifamily development lots this exception may only apply to two detached units that meet the scale and setback parameters noted in this section.
K. Fire Sprinklers and Fire Attenuation. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.
L. Architectural Compatibility. An accessory dwelling is encouraged to be designed to be compatible with the architectural richness of existing development in the immediate vicinity and principal dwelling on the site.
M. Privacy. New accessory dwellings constructed above the ground floor shall also be designed to reasonably preserve the privacy of adjacent property owners. Appropriate design techniques to preserve privacy include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.
N. Construction Prior to Principal Dwelling. A certificate of occupancy for an accessory dwelling unit may not be issued before the issuance of a certificate of occupancy for the primary dwelling.
O. Historic. The following criteria apply to all applications for accessory dwelling units on designated landmark sites or within a designated historic district:
3. The accessory dwelling unit must demonstrate architectural compatibility with the existing site or district by complying with one of the two requirements listed below:
b. Submittal of a historic resource survey by a qualified professional that concludes the proposed accessory dwelling unit will not negatively impact historic resources on the property or in the district and will be consistent with the Secretary of the Interior Standards for Treatment of Historic Properties.
P. Rentals. All accessory dwelling units permitted after September 7, 2017, shall only be rented for a term of more than 30 days. No accessory dwelling units permitted after September 7, 2017, shall be permitted as a short term vacation rental under Section 7.110.
Q. Ownership. Accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence unless all the following criteria are met:
1. The property was built or developed by a qualified nonprofit corporation.
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
a. A “qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the California Health and Safety Code.
b. A “qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.
b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property.
c. A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
d. Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A preliminary change in ownership report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
5. Notwithstanding Section 65852.2(f)(2)(A) of the California Government Code, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (Ord. 2738 § 3, 2020; Ord. 2711 § 3, 2020; Ord. 2690 § 2, 2019.)