21 Attachment 6 - Updated Disposition of Current Ordinance-CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE I. - IN GENERAL
DIVISION 7. ACCESSORY DWELLING UNITS
Disposition of current Ordinance
DIVISION 7. ACCESSORY DWELLING UNITS1
Sec. 29.10.305. Intent and authority.
This division is adopted to comply with amendments to Government Code §§ 65852.2 and 65852.22 which
mandate that applications for accessory dwelling units be considered ministerially without a public hearing; and
sets Town standards for the development of accessory dwelling units in order to increase the supply of affordable
housing in a manner that is compatible with existing neighborhoods. (Section 29.10.305)
( Ord. No. 2270, § I, 2-6-18 ; Ord. No. 2307 , § I, 4-21-20)
Sec. 29.10.310. Definitions.
(Section 29.10.310)
Accessory dwelling unit. An accessory dwelling unit is a detached or attached dwelling unit. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation and is generally smaller and located on
the same parcel as a proposed or existing primary dwelling. An accessory dwelling unit also includes efficiency
units and manufactured homes.
(1)A detached accessory dwelling unit is physically separate from a primary dwelling.
(2)An attached accessory dwelling unit is contained within the space of and/or physically attached to a
proposed or existing primary dwelling.
Efficiency unit. As defined by Section 17958.1 of the Health and Safety Code.
Junior accessory dwelling unit. A junior accessory dwelling unit is a dwelling unit that does not exceed a floor
area of five hundred (500) square feet and is contained within the space of a proposed or existing primary dwelling
or detached accessory dwelling unit. It shall include a cooking facility with appliances, and a food preparation
counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
If the junior accessory dwelling unit is contained within the proposed or existing space of a primary dwelling, it
may include separate sanitation facilities, or it may share sanitation facilities with the primary dwelling. If the
junior accessory dwelling unit is contained within the proposed or existing space of a detached accessory dwelling
unit, it shall include separate sanitation facilities.
Manufactured home. As defined by Section 18007 of the Health and Safety Code.
Nonconforming accessory dwelling units. A nonconforming accessory dwelling unit is an accessory dwelling unit
that exists under the following circumstances:
(1)A unit which was created or converted lawfully but which due to a zone change or an amendment to
the zoning ordinance, has become nonconforming.
(2)A unit which was created lawfully while within the County, but which upon annexation to the Town,
became nonconforming.
( Ord. No. 2270, § I, 2-6-18 ; Ord. No. 2307 , § I, 4-21-20)
ATTACHMENT 6
Disposition of current Ordinance
Sec. 29.10.315. Reserved.
Sec. 29.10.320. New accessory dwelling units.
(a) Incentive program. Any accessory dwelling unit developed under an Incentive Program which may be
established by Resolution of the Town Council shall be made affordable to eligible applicants pursuant to the
requirements of the Incentive Program. A deed restriction shall be recorded specifying that the accessory
dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty
(80) percent AMI) provided that the unit is occupied by someone other than a member of the household
occupying the primary dwelling. [Section 29.10.320 (a)]
(b) Design and development standards.
(1) Number. Not more than one (1) junior accessory dwelling unit contained within the space of a proposed or
existing primary dwelling or detached accessory dwelling unit, and one (1) accessory dwelling unit, may be
permitted on a lot with a proposed or existing primary dwelling. [Section 29.10.320 (c)]
Not more than a number equal to twenty-five (25) percent of the existing multi-family dwelling units
rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as
livable space, and two (2) detached accessory dwelling units, may be permitted on a lot with a proposed or
existing multi-family dwelling. [Section 29.10.320 (c)]
(2) Permitted zones. Accessory dwelling units are allowed on lots in the R-1, R-D, R-M, R-1D, RMH, HR, and
RC zones, or include an existing primary dwelling. [Section 29.10.320 (b)(1)]
(3) Setbacks. [Section 29.10.325 (b)]
No accessory dwelling unit may be constructed in front of a primary dwelling that is a historic resource.
No detached accessory dwelling unit may be placed in front of the primary dwelling in the R-1, R-D, R-
M, RMH, and R-1D zones.
Accessory dwelling units shall comply with the following minimum setbacks:
a. Front setbacks of the zone for a primary dwelling.
b. Rear and side setbacks of four (4) feet in the R-1, R-D, R-M, RMH, and R-1D zones.
c. Setbacks from any other structure located on the same lot of five (5) feet.
d. Setbacks for a primary dwelling and located within the Least Restrictive Development Area
(LRDA), in the HR and RC zones.
(4) Height. Accessory dwelling units shall not exceed one (1) story and shall not exceed sixteen (16) feet in
height, unless the accessory dwelling unit is contained within the existing second story space of a
primary dwelling or accessory structure; added to an existing second story of a primary dwelling that is
not a historic resource; or added directly above an existing one-story accessory structure on a property
with an existing two-story primary dwelling in the R-1, R-D, R-M, RMH, and R-1D zones. [Section
29.10.325 (a)]
(5) Maximum unit size and maximum number of bedrooms. The maximum floor area of an accessory
dwelling unit is one thousand two hundred (1,200) square feet. The maximum number of bedrooms is
two (2). [Section 29.10.325 (c)]
Detached accessory dwelling units exceeding a combined square footage of four hundred fifty (450)
square feet in the R-1, R-D, R-M, RMH, and R-1D zones shall not be subject to the Administrative
Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined
square footage of six hundred (600) or one thousand (1,000) square feet in the HR and RC zones shall
Disposition of current Ordinance
not be subject to Development Review Committee or Planning Commission approval. [Section
29.10.320 (c)]
(6) Floor area ratio (FAR) standards. All accessory dwelling units (attached or detached) are allowed a ten
(10) percent increase in the floor area ratio standards for all structures, excluding garages; except,
notwithstanding the FAR standards in this subsection, an accessory dwelling unit that does not exceed a
floor area of eight hundred (800) square feet shall be permitted. [Section 29.10.320 (d)]
(7) Lot coverage. Accessory dwelling units must comply with lot coverage maximums for the zone; except,
notwithstanding the lot coverage standards in this subsection, an accessory dwelling unit that does not
exceed a floor area of eight hundred (800) square feet shall be permitted.
(8) Parking. One (1) accessory dwelling unit parking space per unit or bedroom, whichever is less, shall be
provided in addition to the required minimum number of parking spaces for the primary dwelling.
These spaces may be provided in a front or side setback abutting a street on a driveway (provided that
it is feasible based on specific site or fire and life safety conditions) or through tandem parking. In
addition to parking otherwise required for units as set forth in section 29.10.150 of the Town Code, the
number of off-street parking spaces required by this chapter for the primary dwelling shall be provided
prior to the issuance of a building permit or final inspection, for a new accessory dwelling unit. When a
garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted
to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall
not be required to be replaced. [Parking requirements eliminated with 9/13/23 Planning Commission
recommendation]
a. Exceptions. No parking space shall be required if the accessory dwelling unit meets any of the
following criteria:
1. The accessory dwelling unit is located within one-half mile walking distance of a public
transit stop.
2. The accessory dwelling unit is located within an architecturally and historically significant
historic district.
3. The accessory dwelling unit or junior accessory dwelling unit is contained within the
existing space of or constructed in substantially the same location and manner as an
existing primary dwelling or accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
5. When there is a car share vehicle (as defined by the California Vehicle Code) located within
one (1) block of the accessory dwelling unit.
6. When the Director finds that the lot does not have adequate area to provide parking.
(9) Design, form, materials, and color. The design, form, roof pitch, materials, and color of a new accessory
dwelling unit shall be compatible with the primary dwelling and the neighborhood. Entrances serving
the accessory dwelling unit shall not be constructed on any elevation facing a public street. Accessory
dwelling units shall retain the residential appearance of the property. Detached junior accessory
dwelling units shall be
(10) Town codes and ordinances. All accessory dwelling units shall comply with all the provisions of this
chapter and other applicable Town codes. [Section 29.10.320 (p)]
(11) Building codes. The accessory dwelling unit shall comply with applicable building, health and fire codes.
The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for
the primary dwelling. [Section 29.10.320 (q)]
(12) Denial. An application may be denied if it does not meet the design and development standards. An
application may also be denied if the following findings are made: [Section 29.10.315 (c)]
Disposition of current Ordinance
a. Adverse impacts on health, safety, and/or welfare of the public.
(13) Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory
dwelling unit is contained within the existing space of or constructed in substantially the same location
and manner as an existing primary dwelling or accessory structure. The following provisions shall apply:
[Section 29.10.325 (i)]
a. The accessory dwelling unit shall be located on a lot zoned to allow single-family, two-family, or
multi-family residential use.
b. The accessory dwelling unit shall have separate entrance from the primary dwelling.
c. The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety.
d. No parking spaces shall be required for the accessory dwelling unit.
e. An expansion of one hundred fifty (150) square feet beyond the physical dimensions of an
existing structure, limited to accommodating ingress and egress, shall be permitted.
f. When an existing structure is non-conforming as to setback standards and converted to an
accessory dwelling unit, any expansion of that structure may not be nearer to a property line
than the existing building in accordance with section 29.10.245.
(14) Rentals longer than 30 days. Rentals for durations of less than thirty (30) days, including short-term
rentals (as defined by the California Government Code), are prohibited. [Section 29.10.320 (s)]
(15) Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section
4.40.010 of the Town code. [Section 29.10.320 (t)]
( Ord. No. 2270, § I, 2-6-18 ; Ord. No. 2307 , § I, 4-21-20)
Sec. 29.10.325 Nonconforming units.
(a) Permits. The owner of a nonconforming accessory dwelling unit must obtain an accessory dwelling unit
permit. Any application received after December 31, 1987, shall be subject to an application fee and may be
subject to a civil penalty pursuant to Section 29.20.960(4).
Where an application has been submitted for a nonconforming accessory dwelling unit permit and Town records
do not establish its nonconforming status, the property owner will have sixty (60) days from the date the Town
provides notice of its findings to submit any facts and evidence to support a claim that the unit is nonconforming
as defined in this Article. If at the end of sixty (60) days evidence has not been submitted by the property owner to
establish the accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit shall be determined to be an existing unlawful accessory dwelling unit pursuant to section
29.10.315 and subject to its regulations. [Section 29.10.340 (a)]
(b) Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit shall become
nonconforming and the owner must either apply for an accessory dwelling unit permit within one (1) year of
the date of annexation, or the unit shall be determined to be an unlawful accessory dwelling unit pursuant to
section 29.10.315. [Section 29.10.340 (b)]
(c) Number. A maximum of two (2) nonconforming accessory dwelling units are allowed on a single lot. All other
accessory dwelling units on the property must be abated.
(d) Housing code. Nonconforming accessory dwelling units shall comply with the Town's housing code as
follows:
(1) Any nonconforming accessory dwelling unit receiving an accessory dwelling unit permit pursuant to
subsection (b) shall be required to comply with the Town housing code.
Disposition of current Ordinance
(2) Any nonconforming accessory dwelling unit receiving an accessory dwelling unit permit pursuant to
subsection (c) shall be required to comply with the Town housing code and all improvements shall be
completed within one (1) year from the date of application.
(3) Where a timely application under subsection (b) or subsection (c) has been filed, and approved, an
extension from the compliance date of up to six (6) months may be granted by the Community
Development Department for good cause shown. Any extension request for longer than six (6) months
may be granted by the Planning Commission upon finding that a hardship exists.
(4) Remodeling and reconstruction: Remodeling and reconstruction of nonconforming accessory dwelling
units shall be as follows:
a. Where a timely application under subsection (a) or subsection (b) has been filed and approved,
an accessory dwelling unit may be remodeled providing the building height and floor area do not
exceed that which is allowed for a new accessory dwelling unit.
b. Community Development Director approval is required for the remodeling or reconstruction of
an accessory dwelling unit in the case of destruction. The proposed construction shall be
designed so as to architecturally harmonize with the surrounding structures so long as the
construction does not increase the height or size of the unit. The factors to be considered when
reviewing the design of such proposed construction include:
1. Building height.
2. Building materials and compatibility.
3. Colors and materials.
4. Setback conformity.
5. Floor area ratio.
( Ord. No. 2270, § I, 2-6-18 )
Sec. 29.10.330. Elimination and/or demolition of existing accessory dwelling units.
In order to eliminate and/or demolish, without replacement, an approved accessory dwelling unit, the
Development Review Committee shall make the finding that the proposed elimination and/or demolition, (without
replacement), is consistent with the Town's Housing Element of the General Plan. In order to eliminate and/or
demolish an existing accessory dwelling unit, the Development Review Committee must make the demolition
findings pursuant to section 29.10.09030. (Section 29.10.350)
( Ord. No. 2270, § I, 2-6-18 )
Sec. 29.10.335. Expansion of existing or nonconforming accessory dwelling units.
For the purposes of this section only, expansion of an accessory dwelling unit is defined as increasing the
number of bedrooms or adding floor area in excess of thirty (30) square feet. Requests for expansion of any
nonconforming accessory dwelling unit shall be subject to the same requirements as a new accessory dwelling
unit.
( Ord. No. 2270, § I, 2-6-18 )
Secs. 29.10.340—29.10.400. Reserved.
This Page
Intentionally
Left Blank