§ 17.48.320. Secondary units.

The following supplemental regulations are intended to comply with Government Code Sections 65852.150 and 65852.2 on second units and implement the general plan, by allowing second units in all R districts subject to the following requirements:

A.

Location. Second units may be established on any lot in any R or AG district where a primary single-family dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit. Only one-second unit or one guesthouse is permitted per one primary single-family dwelling on the same lot;

B.

Type of Unit. A second unit may be attached, detached, or located within the living area of the primary dwelling unit on the lot, subject to the standards of this section;

C.

Minimum and Maximum Floor Area. The maximum floor area of a second unit shall not exceed nine hundred square feet, or fifty percent, whichever is smaller, of the existing or proposed living areas of the primary dwelling unit, except that a secondary dwelling unit of three hundred square feet is permitted regardless of the size of the primary dwelling unit. No second unit shall be smaller than three hundred square feet;

D.

Development Standards. Second units shall conform to setback, height, lot coverage, and other zoning requirements applicable to the primary dwelling in the zoning district where the second unit is proposed;

E.

Architectural Compatibility. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of the second unit shall be substantially the same as and visually compatible with the style and character of the surrounding neighborhood, as determined by the public services director. Color photographs of the street-facing side(s) of the street shall be submitted with the second unit building permit application;

F.

Parking. One additional parking space shall be provided for each second unit with one bedroom and two additional parking spaces shall be provided for units with two or more bedrooms. The parking space can be open and uncovered, however neither may be in tandem with required parking of the principal dwelling unit or secondary unit, and cannot be located in the front or street side setback area. The principal dwelling unit must conform to the parking requirements of Chapter 17.44: Off-Street Parking and Loading;

G.

Use Limitation. Single-family residences with approved secondary units shall not have the secondary unit rented independent of the main residence when neither is occupied by the owner. Primary and secondary units may be rented under a single rental agreement if the owner is not occupying either unit. The terms of the single rental agreement shall not allow sub-lease of one unit. An owner is deemed to occupy a unit if they hold it off of the rental market for their own use;

H.

Emergency Access. A second dwelling unit may be permitted only on a lot with access from a roadway that meets the fire apparatus access road requirements of the California Fire Code Section 902.2.2.1;

I.

Conditional Use Permit. A secondary unit that is larger than nine hundred square feet may be permitted only after obtaining a conditional use permit pursuant to Chapter 17.60. The maximum size of a secondary dwelling unit shall not exceed one thousand two hundred square feet or fifty percent, whichever is smaller, of the existing or proposed living areas of the primary dwelling unit;

J.

Parking Exception. The planning commission may grant exceptions to the limitations of parking subject to appropriate conditions adopted with a conditional use permit in accordance with Chapter 17.44.

(Ord. 507 § 1 (part), 2005: Ord. 501 § 1 (Exh. A (part)), 2004: Ord. 445 § 3 (part), 1995)