17.52.040 Development Standards and General Requirements.
Unless otherwise stated in section 17.52.050, ADUs and JADUs are permitted, provided the following standards and requirements are incorporated and met:
A. Maximum Number. Only one ADU and one JADU shall be allowed on each lot or parcel with a zoning designation of single-family residential.
B. Location. The ADU shall be attached to the existing main residence or located within the habitable area of the existing main residence or detached from the main residence and located on the same lot as the main residence.
C. Heritage Trees, Setbacks, Height, Other Development Requirements.
1. Heritage Trees. In all instances, the location of any newly constructed ADU or JADU shall meet the minimum requirements in accordance with chapter 8.10, Removal of and Damage to Heritage Trees, for any existing heritage trees.
2. Height. The maximum height of an attached ADU shall meet the height requirements for the main residence of the zone in which the unit is to be located. The maximum height of a detached ADU shall be one story and shall not exceed a maximum overall height of sixteen feet and maximum sidewall height of eleven feet.
3. Setbacks and Other Development Standards. Except as specified below, all ADUs and JADUs shall comply with the setback requirements of the zone in which a unit is to be located.
a. Attached ADUs shall be located in the main building area and may encroach into the side and rear yard setbacks by not more than twenty percent of the required setback, and may apply additional exemptions from floor area limitations as noted in subsection (C)(5) of this section; however, such rear and side setbacks may be reduced to four feet but will then not be eligible for additional exemptions from floor area limitations as noted in subsection (C)(5) of this section.
b. Detached accessory dwelling units shall be subject to the setback and other development standards as set forth in chapter 17.40, Accessory Buildings and Structures. Detached ADUs which meet the minimum side and rear setbacks of chapter 17.40, Accessory Buildings and Structures, may apply additional exemptions from floor area limitations as noted in subsection (C)(5) of this section; however, such rear and side setbacks may be reduced to four feet without applying the additional exemptions from floor area limitations as noted in subsection (C)(5) of this section.
c. No setback requirement shall apply to any ADU or JADU constructed in an existing living area, a converted existing accessory structure or building, or for a new ADU or JADU constructed in the same location and built to the same dimensions as an existing structure.
4. Floor Area.
a. No ADU or JADU may be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.
b. The maximum size of a detached or attached ADU shall not exceed one thousand two hundred square feet.
c. The increased floor area of an attached ADU shall not exceed fifty percent of the existing floor area of the main residence, unless necessary to accommodate at least an eight-hundred-square-foot ADU.
d. No floor area limitation shall be required for any conversion of an existing legal nonconforming building to an ADU.
5. Exemption from Maximum Floor Area Limitations.
a. The first eight hundred square feet of floor area of each newly constructed ADU or JADU shall be excluded from maximum floor area calculations.
b. Additional floor area for newly constructed ADUs or JADUs may be excluded from maximum floor area calculations where staff determines the following conditions are met:
i. Newly constructed detached ADUs which meet and/or exceed the minimum side and rear setbacks of chapter 17.40, Accessory Buildings and Structures, will be allowed additional floor area exemptions in addition to the first eight hundred square feet of floor area up to a total of one thousand two hundred square feet.
ii. Newly constructed attached ADUs which are located in the main buildable area and encroach into the side and rear yard setbacks by not more than twenty percent of the required setback shall be allowed additional floor area exemptions in addition to the first eight hundred square feet of floor area up to a total of one thousand two hundred square feet.
D. Existing Garage. No setback shall be required for an existing, legal, attached or detached garage and/or other existing structure that is converted to an ADU or JADU.
E. Passageway. No passageway, as defined in California Government Code Section 65852.2, shall be required in conjunction with the construction of an ADU or JADU.
F. Owner Occupancy. The owner-occupancy requirements detailed in this section shall apply to all lawfully permitted ADUs and JADUs within the town:
1. ADUs and JADUs Permitted Before January 1, 2020. The owner-occupancy requirements applicable to the ADU or JADU at the time of its permitting shall apply.
2. ADUs and JADUs Permitted Between January 1, 2020, and January 1, 2025. No owner-occupancy requirements shall apply.
3. ADUs and JADUs Permitted After January 1, 2025. Prior to finaling of the project for an ADU or JADU, the property owner shall record a deed restriction requiring that the owner of the property occupy either the primary dwelling unit, ADU, or JADU, or, if the owner will not be residing in one of the units, lease the entire property including the primary dwelling unit, ADU, and JADU to a single tenant.
G. ADU Rental. An ADU or JADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. Rentals of any ADU or JADU must be for longer than thirty days.
H. Parking Requirement.
1. Unless subject to one of the exceptions immediately below, each ADU shall have assigned to it one parking space per ADU. Parking shall be accessible from a public street and screened from view of the public street. These spaces may be provided as tandem parking on an existing driveway.
2. No Additional Parking Required. No additional parking shall be required if one of the following conditions applies to the ADU:
a. ADU is located within one-half mile of public transit.
b. ADU is part of a proposed or existing primary residence or an existing accessory structure.
c. On-street parking permits are required but not offered to the occupant of the ADU.
d. A car share vehicle is located within one block of the ADU.
I. Separation Requirement. A separation of at least eight feet shall be maintained between any detached ADU and the proposed or existing primary residence, unless necessary to accommodate at least an eight-hundred-square-foot ADU.
J. Entrance Requirements. Any new ADU or JADU that is incorporated into a proposed or existing primary residence shall have a separate entrance facing the side or rear yard, where feasible. Any new detached ADU or JADU shall have a separate entrance facing towards the interior of the lot.
K. Compliance with Applicable Requirements. ADUs and JADUs shall meet all applicable zoning and fire regulations and shall comply with local building codes. Fire sprinklers shall not be required for the accessory dwelling unit if they are not required for the primary residence.
L. Lighting Restrictions. Any lighting associated with an ADU or JADU shall be shielded or downlit and shall not shine onto adjoining properties, while meeting the minimum building code.
M. Landscape Screening. Landscape screening shall be installed to the greatest extent feasible.
N. Density. Any ADU or JADU does not count towards the allowable density for the lot upon which it is located. (Ord. 646 § 3 (part), 2020)