18-19.320 Accessory and Junior Accessory Dwelling Units.
a. Purpose and Intent. The purpose of this section is to establish regulations for the development of accessory and junior accessory dwelling units as an accessory use (allowed by right) to a residential unit based on the following criteria:
1. This section is intended to implement Government Code Sections 65852.150 and 65852.2, which allow the City to perform administrative design review and apply specific development standards to accessory and junior accessory dwelling units in all zones where allowed.
2. The City intends to regulate accessory dwelling units as permitted by California Government Code Section 65852 and other applicable sections.
3. The City recognizes opportunities to implement certain policies and programs of the City’s Housing Element of the Clearlake General Plan by providing for, encouraging the development of and regulating accessory and junior accessory dwelling units.
4. Implementation of this section is meant to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods. Accessory and junior accessory dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants.
b. Requirements. Upon meeting the requirements of this section, accessory and junior accessory dwelling units may be established in all locations that allow single-family, multiple-family and mixed-use zones, and units exceeding eight hundred (800) square feet in floor area shall be subject to the requirements of subsections (b)(2) through (b)(7) of this section. Accessory dwelling units may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. Junior accessory dwelling units must be located within the walls of the proposed or existing single-family residence.
1. ADUs Which Require Only a Building Permit. Notwithstanding any other provision in this section, the City shall ministerially approve an application for a building permit to create any of the units described in Government Code Section 65852.2(e) as amended from time to time, without applying the development requirements set forth in subsections (b)(2) through (b)(7) of this section. A rental of the accessory dwelling unit created pursuant to this subsection shall be for a term longer than thirty (30) days.
(a) One (1) accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if the accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(b) One (1) detached, new construction, accessory dwelling unit up to eight hundred (800) square feet of floor area and up to sixteen (16') feet tall that does not exceed four (4') foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit.
(c) Junior accessory units shall be created within the existing area of the dwelling unit. Therefore, height, location, and setback requirements for junior accessory units are not applicable.
(d) An accessory or junior accessory dwelling unit that conforms with the standards in this chapter will not be required to correct a nonconforming zoning condition.
(e) Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of sixteen (16') feet and four (4) foot rear yard and side setbacks.
(f) Owner occupancy shall not be required for the main unit or accessory units. However, owner’s occupancy shall be required for either the remaining portion of the structure or the newly created junior accessory dwelling unit unless the owner is another governmental agency, land trust, or housing organization.
2. Parking. Parking for accessory dwelling units shall be provided in compliance with the following provisions (no parking shall be required for a junior accessory dwelling unit):
(a) Except as provided in subsection (b) of this section, one (1) permanently surfaced parking space shall be provided for each attached or detached accessory dwelling unit. Said parking space may be tandem and within any of the setback areas; provided, however, that any such parking space within a public right-of-way must be approved by the Director to ensure that such parking location does not constitute a potential fire or life safety hazard.
(b) No replacement of off-street parking shall be required for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an 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 pick-up or drop-off location for a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit.
(6) When a garage, carport or covered parking structure is demolished or converted to construct the accessory dwelling unit.
3. Height, Location, and Setbacks. Accessory dwelling units shall either be (a) attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or (b) an accessory structure detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. Accessory dwelling units shall satisfy the following required building setback standards:
(a) No setback shall be required for the following:
(1) An existing living area that is converted to a unit or to a portion of an accessory dwelling unit; or
(2) An accessory structure that is converted to a unit or to a portion of a unit; or
(3) A structure constructed in the same location and to the same dimensions as an existing structure that is converted to a unit or to a portion of an accessory dwelling unit.
(4) A setback of four (4') feet from the side and rear lot lines shall be required for a unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
4. Lot Coverage. For the purposes of determining maximum lot coverage requirements, accessory unit square footage shall be calculated as a part of the primary living unit, and subject to the limitations provided in this section. The City shall not apply limits on lot coverage for either attached or detached dwellings that do not permit at least an eight hundred (800) square foot accessory dwelling unit that is at least sixteen (16') feet in height with four (4') foot side and rear yard setbacks to be constructed in compliance with all other development standards.
5. Density. In accordance with State law, an accessory and junior accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.
6. Minimum and Maximum Size. The minimum size of an accessory and junior accessory dwelling unit shall be the minimum necessary to comply with all adopted and applicable building codes, including allowances for efficiency units of at least one hundred fifty (150) square feet. The maximum size for a junior accessory unit shall be five hundred (500) square feet. The maximum size of an accessory dwelling unit shall be eight hundred fifty (850) square feet for a studio or one (1) bedroom unit and one thousand (1,000) square feet for a unit that is more than one (1) bedroom.
7. Design Standards for Units that Exceed Eight Hundred (800) Square Feet. Accessory dwelling units that are greater than eight hundred (800) square feet shall be designed with complementary materials, colors, and style as the exterior of the primary living unit including roof, eaves, windows, accents, and doors.
c. Exceptions to Standards. Exceptions to this section may be permitted subject to approval of a conditional use permit in accordance with Article 18-28.
d. Other General Requirements and Restrictions. The following requirements and restrictions apply to accessory and junior accessory dwelling units:
1. Except as provided for in California Government Code Section 65852.26, the unit shall not be intended for sale separate from the primary residence (including creation of a stock cooperative or similar common interest ownership arrangement) and may be rented.
2. For sites within a flood hazard area on the adopted Federal Emergency Management Agency Flood Insurance Rate Map, the finished floor of any new or legalized accessory dwelling unit shall be elevated at least one (1') foot above the base flood elevation as “new construction” under Chapter XVII, Floodplain Management. The applicant shall submit an elevation certificate based on construction drawings with the building permit plans and a final elevation certificate shall be required prior to project final.
3. A unit shall include separate exterior access from the primary dwelling unit and may include an interior connection. A passageway from the unit to a public street may be created, but shall not be required by the City.
4. The Building Official and the Lake County Fire Protection District shall confirm that side and rear setbacks are sufficient for fire safety.
5. In accordance with California Government Code Section 65852.2(c), fire sprinklers shall not be required for accessory or junior accessory units if they are not required for the primary unit.
e. Administration. Any person proposing to create or construct an accessory dwelling unit or junior accessory dwelling unit that complies with subsections (b)(1) through (b)(7) of this section, or who has received an exception with a use permit, shall submit a building permit application to the Building Department with a site plan, elevations, color and materials samples, and any other information deemed necessary to administer this chapter, even if no construction is proposed. The City shall consider the building permit application ministerially, without discretionary review or a hearing. The City shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.
f. Costs for Processing Permits and Development Impact Fees. Except for accessory and junior accessory dwelling units that are less than seven hundred fifty (750) square feet, the City may authorize a fee for development impact fees, conditional use permits, variances, and the ministerial review of accessory and junior accessory dwelling units. Also, the City may only collect development impact fees for accessory dwelling units (not junior accessory dwelling units) that exceed seven hundred fifty (750) square feet, proportionate in relation to the size of the primary dwelling unit square footage (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service, nor do they include charges for garbage or recycling service.
g. Acts to Eliminate ADU Entrance or Permanent Provisions for Eating, Cooking, and Sanitation. Acts to remove accessory or junior accessory units and/or permanently remove eating, cooking and sanitation facilities shall require separate City approval as follows:
1. A building permit shall be required to remove the separate entrance or permanent provisions for eating, cooking, and sanitation in an accessory dwelling unit.
2. No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an accessory dwelling unit created by converting or demolishing a garage, carport, or covered parking structure in conjunction with the construction of an accessory dwelling unit unless either:
(a) The project includes restoring the garage for vehicle parking prior to the first inspection on the permit; or
(b) The site has the required number of on-site parking spaces as required by the Parking Requirements Table, Table 19 of this chapter.
3. No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an accessory or junior accessory dwelling unit created with side or rear yard setbacks that are less than required under the development standards of this chapter unless the project includes removing the area within the setback or a variance is approved. (Ord. #248-2020, S2 (Exh. A))