Attachment G
NBMC Title 20 (Planning and Zoning),
proposed redlined code changes
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20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 66310 through 663426, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
B. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be:
1. Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located;
2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located;
3. Considered in the application of any ordinance, policy, or program to limit residential growth; or
4. Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwel ling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed -use zoning district, subject to issuance of a building permit and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section and California Government Code Section 66323; and
3. The building permit shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, unless either:
a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or
b. In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit submitted with an application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or 34-73
junior accessory dwelling application until the City renders a decision on the new single-unit dwelling application.
D. Maximum Number of Accessory Dwelling Units Allowed. Unless precluded by Government Code Section 66323 Tthe following is the maximum number of accessory dwelling units allowed on any residential lot. For purposes of this section, “multi -unit dwelling” means a structure or development containing two or more dwelling units on one lot. Only one of the categories described below in this subsection may be used per lot.
1. Internal to a Single -Unit or Multi -Unit Dwelling Category. Only one accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi- unit dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit or multi-unit dwelling; ii. Within the existing space of an existing single-unit or multi-unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall have independent exterior access from the single-unit dwelling.
c. Side and rear setbacks comply with Titles 9 (Fire Code) and 15 (Buildings and Construction).
2. Attached on Lot With Single -Unit or Multi -Unit Dwelling Category. Only one attached, new-construction accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit dwelling.
3. Detached on Lot With Single -Unit or Multi -Unit Dwelling Category. Only one detached new-construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. Up to two detached new -construction accessory dwelling units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For purposes of this section, a multi -unit development approved and built as a single complex shall be considered one lot, regardless of the number of parcels.
4. Conversion of Multi -Unit Dwelling Category. Multiple accessory dwelling units may be permitted on lots with existing multi-unit dwellings subject to the following:
a. The number of accessory dwelling units shall not exceed twenty -five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply:
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i. Previously approved accessory dwelling units shall not count towards the number of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels.
b. The portion of the existing multi -unit dwelling that is to be converted to an accessory dwelling unit is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following:
1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single-unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from the single-unit dwelling and may provide interior access to the single-unit dwelling.
3. Side and rear setbacks comply with Titles 9 (Fire Code) and 15 (Buildings and Construction).
4. The junior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single -unit dwelling. A junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi-unit dwelling.
F. Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all objective standards of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning ), including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria.
1. Minimum Lot Area. There shall be no minimum lot area required to establish an accessory dwelling unit and/or junior accessory dwelling unit.
2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:
a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. 34-75
b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure’s size and/or height. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units shall provide a minimum setback of four feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less restrictive.
3. Building Height.
a. Internal. Accessory dwelling units and junior accessory dwelling units internal to an existing or proposed single -unit or multi-unit dwelling shall comply with the height limit as required by underlying zoning district. b. Attached. Accessory dwelling units and junior accessory dwelling units attached to an existing or proposed single-unit or multi-unit dwelling shall comply with the height limit as required by underlying zoning district. c. Detached accessory dwelling units shall not exceed a height of sixteen (16) feet except as noted below:
i. An accessory dwelling unit constructed on a lot with an existing or proposed multi-unit, multi-story dwelling shall not exceed a height of eighteen (18) feet. ii. An accessory dwelling unit constructed above a detached garage shall not exceed two stories and the maximum allowable height of the underlying zoning district, provided the accessory dwelling unit meets the minimum setbacks required by underlying zo ning district and the principal dwelling unit complies with parking standards set forth in Section 20.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or proposed single-unit or multi -unit dwelling that is located within one -half-mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defin ed in California Public Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a two or more bedroom unit.
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b. Application of size limitations set forth in subsection (F)(4)(a) of this section shall not apply to an accessory dwelling unit that is converted as part of a proposed or existing space of a principal residence or existing accessory structure.
c. Application of development standards, such as floor area limit or site coverage, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
d. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit or as required by the California Building Code (CBC).
5. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory dwelling unit or junior accessory dwelling shall be excluded from the allowable floor area limit when located below grade within a basement. Daylighting of the basement shall only be permitted where excavation is necessary to provide exterior access to the main surface level and in compliance with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height of eight feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches in width, measure a maximum of sixty (60) feet in length, and shall not be located within a yard fronting a public right-of-way.
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Figure 3-7
Walkout Basement Floor Area Limit Exception
6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the principal residence, nor shall the construction of an accessory dwelling unit and/or junior accessory dwelling unit require fire sprinklers to be installed in the existing single-unit or multi-unit dwelling.
7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior accessory dwelling unit. For the purposes of this section, “passageway” means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit.
8. Parking. Parking shall comply with requirements of Chapter 20.40 (Off -Street Parking) except as modified below:
a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one parking space shall be required for each accessory dwelling unit.
c. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No additional parking shall be required for:
i. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of a principal residence or existing accessory structure;
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ii. An accessory dwelling unit located within one-half-mile walking distance of public transit. For the purposes of this section “public transit” shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public;
iii. An accessory dwelling unit located within an architecturally and historically significant historic district;
iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
v. When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, “car -share vehicle” shall mean part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public. vi. Outside the coastal zone, when an accessory dwelling unit is constructed in conjunction with a new single-unit or multi-unit dwelling on the same lot. e. No Replacement Parking Necessary. Outside the coastal zone, when a garage, carport, or covered parking structure covered or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off -street parking spaces are not required to be replaced. Outside the coastal zone, when a garage is demolished in conjunction with the construction of a junior accessory dwelling unit at the same location or converted to a junior accessory dwelling unit, that off-street parking space is not required to be replac ed. Accessory dwelling units shall not displa ce required uncovered parking spaces. Refer to Section
21.48.200(F)(8)(e) for replacement parking in the coastal zone.
9. Historic Resources. Any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable.
G. Utility Connection.
1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services.
2. Except as provided in subsection (G)(3) of this section, the City may require the installation of new or separate utility connections between the accessory dwelling unit, junior accessory dwelling unit and the utilities.
3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit or multi -unit dwelling(s), unless the accessory dwelling unit is being constructed in connection with a new single-unit dwelling.
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4. Septic Systems. If the principal dwelling unit is currently connected to an on -site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the on -site wastewater treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years.
H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.
1. No Separate Conveyance. Except as authorized in California Government Code 66341,.,An an accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-unit dwelling) or from the lot and all of the dwellings (in the case of a multi- unit dwelling).
2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less.
3. Owner -Occupancy for Junior Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal single-unit dwelling unit or the junior accessory dwelling unit as the person’s legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.
I. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for a n accessory dwelling unit and/or junior accessory dwelling unit, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, a nd restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sec tions 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable.
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