§ 9.14.070. Accessory Dwelling Units.

A.

Permit Required. Before constructing an ADU or converting an existing structure to an ADU, an applicant must obtain a zoning clearance from the Planning Director and obtain a building permit. Any ADU that satisfies the requirements of this section shall be ministerially approved by the Planning Director.

B.

Permitted Locations. ADUs are permitted only in the R-1 (Single-Family Residential) and RPD (Residential Planned Development) zones. The ADU shall be located on the same lot as a detached single-family residence.

C.

Lot Size. Detached ADUs are permitted only on lots of a minimum ten thousand (10,000) square feet. No minimum lot size applies to attached ADUs.

D.

Development Standards.

1.

No more than one ADU is permitted on any lot.

2.

Lot Coverage. The combined total of both the primary residence and ADU shall not exceed the maximum lot coverage applicable to the lot.

3.

Size. The maximum total floor area of any ADU shall not exceed the following:

Attached ADU: 800 square feet or 50% of primary residence's living area, whichever is less.

Detached ADU: 800 square feet.

4.

Height. The maximum height of any ADU shall not exceed the following:

Attached ADUs: An attached ADU shall not exceed the height limit applicable to the primary residence or the actual height of the primary residence, whichever is less.

Detached ADUs: A detached ADU shall not exceed a height of 18 feet measured from the weighted average of the local grades around the perimeter of the ADU, except as follows: A detached ADU may be located on a second floor, at a height no greater than the height of the primary residence, if it is either (i) located entirely behind the primary residence from any street side or (ii) constructed above an existing garage.

5.

Setbacks. An ADU shall comply with all front yard setback requirements applicable to the lot's primary residence. Side and rear yard setback standards shall apply as follows:

Rear Yard Setback

5 feet

Side Yard Setback

10 feet

5 feet, if located entirely behind the front plane of the primary residence from any street side

6.

Setback Exceptions. Notwithstanding subsection 5 above, minimum setbacks from all property lines shall be five (5) feet if the ADU is constructed above a garage. For an ADU that is converted from an existing garage, no additional setbacks beyond the existing garage setback are required beyond those required by applicable state and local building and fire codes.

E.

Design and Features.

1.

The ADU's color, materials, and architectural details, including windows and roof pitch, shall match the primary residence.

2.

If an automatic sprinkler system is required for the primary residence, the ADU must also have an automatic sprinkler system.

3.

Landscaping and Open Space: The property owner shall landscape the ADU portion of the lot, and the landscaping shall be consistent with the landscaping on the remainder of the lot to maintain the appearance of a single-family residential lot.

F.

Conversion of Existing Space. Notwithstanding the standards and requirements above, conversion of existing space within a single-family residence or within an accessory structure to an ADU shall be permitted by right, provided that the proposed ADU has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.

G.

Covenant Required: The property owner shall record a declaration of restrictions placing the following restrictions on the property, the property owner, and all successors in interest: (i) the property owner shall be an owner-occupant, (ii) the ADU may be rented only for terms longer than thirty (30) days, (iii) the ADU shall not to be sold or conveyed separately from the primary residence, (iv) the property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards, and (v) that any violation will be subject to penalties as provided in Chapter 1.2 of the Municipal Code. The declaration of restrictions shall be submitted to the City Attorney for review and approval prior to recordation.

H.

Parking Requirements. One off-street parking space shall be provided for the ADU, in addition to the parking required for the primary residence, and shall not be located within a required front or side yard unless enclosed in a garage. The required parking space may be provided as tandem parking on an existing driveway; no new parking shall be provided in a required front or side yard.

I.

Parking Exemption. Notwithstanding subsection H above, no additional parking space is required for an ADU that satisfies any of the following:

1.

The ADU is located within one-half mile of public transit;

2.

The ADU is located within an architecturally and historically significant historic district;

3.

The ADU is part of the existing primary residence or an existing accessory structure;

4.

The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or

5.

The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.

J.

Replacement Parking. If an existing garage or other covered parking is demolished for or converted to an ADU, the off-street parking spaces shall be replaced on-site. If parking is provided for the ADU pursuant to subsection H above, then the replacement spaces for the primary residence may be located in any configuration on the lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

K.

Fees and Utility Connections.

1.

The property owner shall pay all sewer, water, school district, and other applicable fees, including development impact fees.

2.

The property owner shall install a new or separate utility connection between the ADU and the utility, and pay all applicable connection fees or capacity charges, except if the ADU is specifically exempted under Government Code Section 65852.2(e) and (f).

3.

An ADU is not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

4.

If an ADU will use a private sewage disposal system, the property owner shall obtain approval by the local health officer.

(Ord. No. 260-17, § 7, 1-10-2017)