CITY OF SIMI VALLEY
MEMORANDUM
June 5, 2023
TO: City Council
FROM: Department of Environmental Services
SUBJECT: SECOND READING OF ORDINANCE NO. 1349 TO AMEND PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO UPDATE
STANDARDS FOR ACCESSORY DWELLING UNITS IN RESPONSE TO
RECENT STATE LAW CHANGES, A DETERMINATION THAT THE
AMENDMENTS ARE EXEMPT FROM THE CALIF ORNIA
ENVIRONMENTAL QUALITY ACT
STAFF RECOMMENDATION
It is recommended that Ordinance No. 1349 be adopted.
BACKGROUND
The attached O rdinance No. 1349 was introduced for first reading at the City Council meeting of May 15, 2023, without modification.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Ordinance No. 1349.
__________________________________
Lucy Blanco
City Clerk
Prepared by: Lucy Blanco, City Clerk
INDEX Page
Ordinance No. 1349 ......................................................................... 2
AGENDA ITEM NO.
8A
Z-S-2023-0003ADUccmtg5-15-23(klk)
O
RDINANCE NO. 1349
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0003), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO
UPDATE STANDARDS FOR ACCESSORY DWELLING
UNITS IN RESPONSE TO RECENT STATE LAW
CHANGES, AND DETERMINING THAT THE
AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
W
HEREAS, in 2022, the California Legislature adopted, and the Governor signed SB 897, and AB 2221 into law that, among other things, amended Government Code Sections 65852.2 and 65852.22 that imposed new limits on the City to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to address the housing shortages in California; and
W
HEREAS, the ADU and JADU regulations took effect January 1, 2023, and State l aw supersedes the City’s Accessory Dwelling Unit Ordinance where these conflict; and
W
HEREAS, the proposed Development Code Amendments (Z -S-2023- 0003) bring City regulations for Accessory Dwelling Units into conformance with State law and exercise those regulatory options as allowed in State law; and W
HEREAS, on March 29, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of Z-S-2023-0003; and the determination that the project is exempt from the California Environmental Quality Act ; and
W
HEREAS, the City Council held a duly noticed meeting on the proposed Ordinance Amendment on May 15, 2023, where they considered the staff report and testimony and introduced the ordinance for the first reading by title only; and W
HEREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 1500, et seq.) pursuant to the provisions of Section 15282 which states that “the adoption of an ordinance regarding second units in a single- family or multi-family residential zone by a city or county to implement the provisions of 65852.2 and 65852.22 of the Government Code” is a statutory exemption as set forth in Section 21080.17 of the Public Resources. 2 Z-S-2023-0003ADUccmtg5-15-23(klk)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. The findings in the Planning Commission staff report dated March 29, 2023, and the recitals set forth above are hereby adopted as findings.
SECTION 2 . Various sections of Title 9 of the SVMC dealing with Accessory Dwelling Units are hereby amended as shown in Exhibit A, attached hereto.
SECTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 4. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this Ordinance shall take precedence.
SECTION 5 . Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this o rdinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this 5th day of June 2023.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
Stratis Perros
Environmental Services Director
3 ORD. NO. 1349
EXHIBIT A
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Am
endments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikeout text.
PAR
T 1: SVMC 9-44.160– Accessory Dwelling Units (Ministerial) is hereby amended in its entirety to read as follows:
A. General Provisions.
1. Intent and purpose. The intent and purpose of this Section is to provide a means by which the City's existing housing resources and infrastructure may be more effectively utilized to produce less costly rental housing through the creation of new accessory dwelling units (ADUs) on residentially zoned lots that already contain one legally established unit, or with the construction of a new residential unit, or in conjunction with a Two-Unit Residential Development .
2. Authority. The creation of an Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) pursuant to Government Code Sections 65582.1, 65852.2, and 65852.22,
and 65852.21 (SB -9 or Two-Unit Residential
Development) on lots containing an existing or proposed single- family or multi- family dwelling and zoned OS, RE, RVL, RL, RM, RMod, RH, MH, RVH, and the MU Overlay District shall be subject to the standards set forth in this section.
3. Notwithstanding any other regulation in this Development Code that is specifically applicable to ADUs or JADUs, a Zoning Clearance must be ministerially reviewed for an application for a building permit to create an ADU and/or a JADU within a residential zone subject to the development standards set forth in this section.
4. The City reserves the right to limit construction of ADUs or JADUs in locations where there is inadequate water or sewer services, impact on traffic flow, or public safety.
5. Neither ADUs nor JADUs shall count towards the allowable density for the lot upon which the ADU or JADU is located.
6. The City shall act on the application to create an ADU or JADU within 60 days from the date an application is deemed complete if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create ADU or JADU is submitted with a permit application to creat e a new single- family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until a Building Permit is issued for the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
7. Where an ADU or JADU is proposed with the construction of a new single-family dwelling and/or Two-Unit Residential Development
, the proposed single- family
dwelling or Two-Unit Residential Development must be approved for occupancy before an ADU or JADU is approved for occupancy.
8. The permitting of an ADU and/or a JADU is subject to the California Building Code (CBC) and California Residential Code (CRC). Any conflicts between the requirements of this Development Code and the California Building Code and California Residential Code shall be resolved in favor of whichever Code 4 ORD. NO. 1349
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imposes the greater requirement, subject to compliance with California Government Code Sections 65582.1, 65852.2, and 65852.22.
9. "Living area" as used in SVMC 9-44.160 is defined as the interior habitable area of a dwelling unit, including enclosed patios, garages, basements and attics, but does not include a garage or any accessory structure.
10. The cumulative square footage of all detached habitable structures built after the effective date of Ordinance No. 1316 is not to exceed 1,200 square feet per lot for single family zoned lots.
11. Where an attached garage that provides the required parking for a SFD, as detailed in SVMC Section 9- 34.040.B is partially converted to an ADU, the remaining space will continue to be utilized for parking if physically feasible and the remaining space is a minimum of 12 feet by 20 feet or if this is not feasible, it will be utilized for storage or a similar non-habitable use.
12. One ADU or JADU is permitted per parcel with an existing or proposed Single- Family Dwelling except as described in Sections B (2), and Section G for lots with Multi-Family dwellings.
13. Both an ADU and a JADU may be combined on a single parcel subjectto development standards set forth for detached ADUs and JADUs. Additionally, the ADU shall be a detached structure with a maximum size of 800 square feet.
14. A minimum floor area of 220 square feet for an ADU or JADU is required per the California Building Code.
105. The rental of any ADU or JADU, or the primary residence single-family dwelling, if the owner lives on site in the ADU or JADU, must be for periods of 30 days or more.
16. Each ADU or JADU requires a separate entrance which shall not face the street unless the access to the unit required by the California Building Code is precluded by an existing permitted structure.
17. Where an existing legally permitted accessory structure, or existing living area, is converted to an ADU or an ADU constructed in the same location, and to the same dimensions as an existing structure, no additional setbacks will be required.
11. ADUs proposed in slopes subject to the Hillside Performance Standards, pursuant to SVMC Chapter 9-32, will be limited to 800 square feet in size. Any access driveways or other improvements will be subject to the standards in SVMC Chapter 9-32.
B. Table 4-4 identifies the number of ADUs and JADUs permitted per lot. ADUs and JADUs may be permitted in the following combinations with existing or proposed single-family dwellings and/or Two-Unit Residential Development (i.e., SB-9 units) Table 4-4: Number of ADUs and JADUs permitted per lot
Existing or proposed
use/development
Number of ADUs/JADUs
allowed
Additional Development
Standards
Single-family dwelling One JADU and/or one
ADU
If an ADU and JADU are
combined on a single lot,
the ADU must be
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detached and is limited to
800 square feet in size.
Two-Unit Residential
Development (i.e., the
original single -family
dwelling and new SB9
unit or two new SB 9 units
on one lot)
One ADU or JADU per
primary unit
Any second ADU
proposed in conjunction
with a Two -Unit
Residential Development
will need to meet the
requirements in Table 4-6
Two-Unit Residential
Development Parcel Map
with one or two SB9 units
on each lot (total four
units)
None permitted on either
lot
N/A
Two-Unit Residential
Development Parcel Map
on a lot with a SB9 unit
(original unit), which has
an existing ADU and
JADU; with the new lot
having an SB9 unit
None permitted on either
lot
N/A
Two-Unit Residential
Development Parcel Map
with one or both of the lots
with only a single SB9 unit
An ADU or JADU in-lieu of
a SB9 unit on one or both
lots for a maximum of four
residential units across
both lots
a) All ADUs must be
separated from existing or
proposed structures by
ten-feet.
b) All ADUs will be limited
to 800 square feet in size
and 18 feet in height.
c) Where more than one
detached ADU is
proposed, the second
ADU will need to meet
the requirements in Table
4-6
Multifamily dwelling Attached ADU's up to a
maximum of 25 percent of
the existing multifamily
units with a minimum of
one unit or two detached
ADUs (each ADU must be
a detached stand- along
building)
Refer to Table 4- 5 for
applicable development
standards
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BC. All ADU's Development Standards. Table 4 -5 details the development standards applicable to all ADUs and JADUs. Additional development standards for attached ADUs, detached ADUs and JADUs are listed in sections D through G.
Table 4-5: ADU's and JADU's Development Standards
Development
Standard
Junior ADU ADU Within or
Attached to Primary
Dwelling* Attached
ADUs
ADU Detached from
Primary Dwelling*
Detached ADUs
Front setback N/A 20 feet 20 feet
Rear & side yard
setbacks*
4 feet 4 feet
Side setback 4 feet 4 feet
Design standards N/A a) The materials and colors of exterior walls, roof, eaves, windows, and doors of an ADU
must match those of the primary dwelling.
Colors and
Materials
N/A The materials and
colors of exterior walls,
roof, eaves, windows,
and doors of a new
construction attached
ADU must match
those of the primary
dwelling
i) A new
construction
detached ADU
must incorporate a
minimum of one
material and one
color from the
existing or
proposed primary
dwelling or SB9
unit
ii) A garage attached
to a detached
ADU must be of
the same
materials and
colors as the ADU
iii) A patio cover
attached to a
detached ADU
must a color that is
present on the
ADU.
Window Placement N/A i) No windows will be
permitted to extend or
be above the first 10
vertical feet of the first
floor wall plane as
measured from the
finished floor to the top
No windows will be
permitted to extend
or be above the first
10 vertical feet of the
wall plane as
measured from the
finished floor to the
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of the roof surface on
any story of an ADU.
ii) No windows facing
adjacent properties
will be per mitted on a
second story portion of
an ADU that does not
meet a 10 -foot side
setback and a 20- foot
rear setback.
top of the roof
surface on any story
of an ADU.
Height Limits JADUs are not
permitted on the
second floor
Attached ADUs are
limited to two stories or
may be built above a
garage or on a second
story with a height limit
of 25 feet or the
maximum height
permitted by the
underlying zoning,
whichever is lower**.
Detached ADUs are
limited to one story
and 18 feet in
height***
Maximum height ADUs and JADUs will be limited to a single story, 18 feet in height and will not be permitted on the second story of a SFD, above a garage, or above another accessory structure unless the Director determines that the required setbacks preclude any other location for a minimum 800 square foot ADU or 220 square foot JADU.
Minimum size 220 square feet (per California Building Code) Maximum size 500 square feet
and must be
located within
existing dwelling
unit
*See Section E D *See Section D E
Minimum number of
parking spaces
No additional
parking
required
One parking space is required per ADU with
the following exceptions ****:
a) The proposed ADU is a studio unit;
b) If the ADU is located within one-half mile
walking distance of public transit 1 ;
c) When the ADU is within the footprint of
the proposed or existing primary residence
single-family dwelling ;
d) When an ADU is created by the
conversion of a garage, carport or covered
parking structure that provides required
parking pursuant to SVMC Chapter 9- 34
e) When on -street parking permits are
required but not offered to the occupant of the
ADU; or
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f) When there is a car share vehicle located
within one block of the ADU
Required cooking
facilities
Review SVMC
Section 9- 80.020
for the minimum
requirements for a
kitchen
Full kitchen
Required sanitation
facilities
May be separate
from, or shared
with, primary
dwelling
Must be separate from primary dwelling
Internal
connection/breeze
ways
A JADU must
have an internal
connection to the
primary dwelling if
sanitation facilities
are shared.
Otherwise, an
internal
connection is
optional
No internal connection
is permitted. Attached
ADUs must share a
minimum of 10 feet of
the wall of the main
single-family home or
SB9 unit
Detached ADUs may
not be attached to
the existing single-
family home or SB9
unit by breezeways
or any similar
structure and must
be separated from
any proposed or
existing structure by
a minimum of six feet
Required external
entrances
Each ADU or JADU requires a separate entrance which shall not face the street unless the access to the unit required by the California Building Code is precluded by an existing permitted structure.
* When converting existing living area, an attached garage or ADU constructed in the same location and to the same dimensions as an existing structure, no additional setbacks will be
**Required parking may be uncovered or tandem parking that is located on paved surfaces with paved access, or as outlined in Section 9- 34.040.A subject to traffic safety requirements and front yard landscape requirements per Section 9-33.030.C as required. At the property owner's option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements. The Director may waive the required parking if it determined that there are no feasible locations for the required parking locations on site. * A minimum of 10-foot side yard and 20-foot front yard and rear yard setbacks are required if for the proposed attached ADU’s building height is between 25-feet and the maximum of 30-feet height.
** This height can be increased to a maximum of 30-feet if a minimum of 10-foot side yard and 20- foot front yard and rear yard setbacks are provided for the proposed attached ADU
*** The height of any detached ADU may be increased by up two feet for a maximum of 20 feet if the ADU is within ½ mile of a major transit stop or a high- quality transit 9 ORD. NO. 1349
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corridor as defined in Section 21155 of the Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted to obtain this allowance.
**** Required parking may be uncovered or tandem parking that is located on paved surfaces with paved access, or as outlined in Section 9- 34.040.A, subject to traffic safety requirements and front yard landscape requirements pursuant to Section 9- 33.030.C, as required. At the property owner's option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements. The Director may waive the required parking, if it determined that there are no feasible locations for the required parking locations on site.
1 "Public transit" is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
C D. JADU Requirements.
1. Where a JADU is proposed in conjunction with an addition to an existing dwelling unit, the addition must meet the setback requirements for a single- family dwelling as required by the underlying zoning and/or any approved Planned Development Permit conditions.
1. A JADU may have an internal connection to the single-family dwelling.
2. Prior to issuance of a Zoning Clearance for a JADU, a Deed Restriction must be recorded on the property on the form provided by the City specifying that the owner of the property shall occupy either the JADU or the primary residence single-family
dwelling. If a new owner takes title to the property, failure to maintain the owner occupancy required by said deed restriction will require that the JADU be removed from the property and any separate rental must be vacated within 90 days.
D. E. Attached ADU Requirements.
1. The maximum size of an attached ADU shall be as follows:
a. Where an attached ADU is proposed with new construction or an addition to the existing single-family Dwelling, the ADU shall be no larger than 50 percent of the square footage of the existing square footage of the single family dwelling or 800 square feet, whichever is larger, up to a maximum of 1,000 square feet.
3. An attached ADU cannot have an internal connection to the existing or proposed single-family dwelling.
2. Existing living area of a single-family dwelling may be converted to an ADU without any limits on size provided the ADU is within the existing structure. Up to a 150 square feet addition limited to accommodating ingress and egress is permitted without additional setbacks being required. Construction beyond this limit must meet all current requirements of the Simi Valley Municipal Code. 10 ORD. NO. 1349
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3. Any external stairs required to provide an entrance to an ADU proposed on a second story will be subject to the setback requirements of SVMC 9- 30.080 - Setback and Separation Requirements and Exceptions.
4. Where an attached garage that provides the required parking for a SFD, as set forth in SVMC Section 9-34.040.B, is partially converted to an ADU, the remaining space will continue to be utilized for parking if physically feasible and the remaining space is a minimum of 12 feet by 20 feet or if this is not feasible, it will be utilized for storage or a similar non-habitable use.
E. F. Detached ADU Requirements.
1. The first new construction detached ADU up to 800 square feet in size proposed on a lot may be new construction in yards will be subject only to the setbacks and development standards outlined in Section BC. or the conversion of a legally permitted accessory structures, such as a studio, shed, carport, horse stable, garage, or pool house, can be converted to an ADU. Th e existing space of an accessory structure within which an ADU is proposed to be located must have a solid roof and structural framing. In addition, the structure must have been permitted as required by the Simi Valley Municipal Code. Construction beyond the existing space of the accessory structure must meet all current requirements of the Simi Valley Municipal Code.
2. An accessory structure, including a demolished and reconstructed structure that is being fully or partially converted to a detached ADU, may be expanded by up to 150 square feet to accommodate ingress and egress, so long as this expansion does not increase the nonconformity of the structure.
3. All detached ADUs, including those created by the conversion of existing permitted structures, must have a six foot separation from the main single- family dwelling and existing structures with the exception of a second ADU proposed in conjunction with an SB -9 unit per Table 4- 4, where ten-feet of separation will be required.
4. The maximum size of a detached ADU that is not proposed in conjunction with an existing or proposed SB-9 unit will be as follows:
a. A maximum of 1,000 square feet on any parcel up to 8,000 square feet subject to the lot coverage development standards shown in SVMC Section 9-44.160, Table 4-4.
b. A maximum of 1,200 square feet on any parcel over 8,000 square feet subject to the lot coverage development
standards shown in SVMC Section 9-44.160,
Table 4-4.
5. A detached ADU may be attached to another accessory structure, however the maximum size of the entire detached structure will be limited to 30 percent of the existing or proposed single- family dwelling living area or 1,200 square feet, whichever is less. The structure also cannot cover more than 40 percent of any required yard as defined in Section 9-80.020 of the SVMC.
5. Where an existing legally permitted accessory structure with a solid roof and structural framing is converted to a detached ADU in the same location, and to the same dimensions as the existing structure, the above size and height limits will not apply and no additional setbacks will be required. The development standards in Table 4- 6 will not apply. Up to a 150 square feet addition limited 11 ORD. NO. 1349
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to accommodating ingress and egress is permitted without additional setbacks being required. Construction beyond this limit must meet all current requirements of the City of Simi Valley Municipal Code.
6. A detached ADU may only be attached to a garage or a patio cover subject to the below standards and the setback requirements in SVMC 9-30.080. a) Where a detached ADU is proposed with an attached garage, the garage portion shall be no larger than 400 square feet.
b) The size of any proposed patio cover will be limited to 10 percent of the square footage of the proposed ADU excluding any attached parking structure.
Table 4-6: Development standards for new construction ADUs over 800 square feet in size and second ADUs of any size associated with an SB9 unit or multifamily dwellings
Table 4-4: Lot coverage requirements for new construction ADUs Development
Standard
Requirements
Front yard
setbacks
Minimum of 20 feet required
Lot
Coverage/Rear
Yard width
coverage Limits
a) No structures inclusive of a proposed ADU shall cumulatively 1 cover more than 40% percent of the first 10-feet of a side yard and the first 20-feet of the rear yard from the property lines as defined in Section 9- 80.020 of the SVMC.
b) A minimum of 50% percent of the rear yard width within 20-feet of the rear yard property line must be open per Section 9-
24.050.C.2, taking into account all proposed and existing structures.
1 This includes coverage by the ADU, accessory buildings, sheds, gazebos, or other permitted structures.
For a single-family dwelling: the required side yard is the first five feet for a single- story structure or the first 10 feet for a two- story structure from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by 9-24.050 or the underlying development permit.
F. G.
ADUs in Multi-Family Dwellings.
1) ADUs on lots with existing or proposed multi -family dwellings must meet the requirements in SVMC Section 9- 44.160.F, Table 4- 56: Development standards for ADUs in multi-family dwellings and Section C.
Table 4-56: Development standards for ADUs in multi-family dwellings Attached ADUS Detached ADUs
Number A maximum of 25 percent
of the existing multifamily
units with a minimum of one
unit.
A maximum of two ADUs.
Each ADU must be a
detached stand- along
building.
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Location Must be located within the
portions of existing
multifamily dwelling
structures that are not used
as living area, including, but
not limited to, storage
rooms, boiler rooms,
passageways, attics,
basements, or garages, if
each unit complies with
state building standards for
dwellings.
New construction or
conversion of legally
permitted accessory
structures within yards
subject to the setbacks in
SVMC 9-44.160. Section D
(2).
Height Limits Refer to Section C 18 feet*
Size Minimum — of 220 square feet as required by the
California Building Code standards for an efficiency
dwelling unit
Maximum — 800 square feet
Rental Period The rental of any ADU must be for periods of 30 days or more.
Entrance Each ADU requires a separate entrance which should not face the street if possible.
Internal Connection No internal connection is permitted to any other dwelling unit.
Other Must meet all requirements
of SVMC Section 9 -44.160
DC.
Must meet all requirements
of SVMC Sections 9 -
44.160 CE and F.
* The height of any ADU may be increased by two feet if the ADU is within ½ mile of a major transit stop or a high- quality transit corridor as defined in Section 21155 of the Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted for this allowance.
PART 2: SVMC 9 -80.020 – Definitions of Specialized T erms and Phrases, is hereby amended to read as follows:
Detached Accessory Dwelling Unit: An Accessory Dwelling that is separated from the main residence single-family dwelling and any other structures by a minimum of six feet and cannot be connected to the primary dwelling or any other structure by a covered walkway or breezeway . A garage or patio can be attached to a detached Accessory Dwelling Unit subject to the limitations described in SVMC 9- 44.160. A Detached Accessory Dwelling does not include a covered patio, garage or any other structures apart from elements described in California Government Code Section 65852.2.
Gazebo and/or pool house cabana. A freestanding structure (similar to a detached open patio cover) , with a pitched roof design, having a maximum height of fifteen (15') feet, and a maximum area of four hundred (400) square feet, and shall be designed for recreational use only and not for habitation. No kitchens or kitchenettes and no conditioned space will be permitted. Bathrooms may be permitted.
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