Secondary Dwelling Unit
Purpose and Intent
The purpose of this section is to establish procedures and standards for attached secondary dwellings. Attached secondary dwellings provide housing opportunities for the varying needs of the elderly, low-income and other economic groups. The intent is also to ensure a safe and attractive residential environment by promoting high standards of site development to preserve the integrity of single family areas.
Legislative Findings
Pursuant to Government Code Section 65852.2(a)(4), the city finds that attached secondary dwellings are consistent with the allowable density and with the general plan and zoning designation provided the units are located on properties with RS zoning.
Density/Lot Size
The minimum lot size on which attached secondary dwellings may be placed shall be seven thousand (7,000) square feet; the minimum lot size for a detached secondary dwelling shall be ten thousand (10,000) square feet. No more than one attached secondary dwelling shall be permitted on any one lot.
Development Standards
The following standards shall apply to all attached secondary dwellings.
General Standards
Attached or detached secondary dwellings shall:
- Not be sold or financed separately from the principal structure, but may be rented or leased.
- Include permanent provisions for living, sleeping, eating, cooking, and sanitation, separate and independent from the primary dwelling.
- Only be placed on a site containing an existing single-family dwelling at the time an application for an attached secondary dwelling is submitted.
- The principal structure as well as any proposed conversion or addition shall be in compliance with the minimum standards of Title 24, California Code of Regulations, the Uniform Building Code, Uniform Plumbing Code, Uniform Housing Code, Uniform Mechanical Code, and National Electrical Code, as adopted and modified by the city, applicable to the building, conversion, or addition when built.
- A secondary dwelling shall not be permitted on a lot in addition to a guest house or similar structure. If an attached secondary dwelling has been approved on a lot, a guest house or other occupiable accessory structure may not subsequently be approved unless the attached secondary dwelling is removed.
- In addition to the required parking for the principal structure, a minimum of one off-street parking space shall be provided for each bedroom in the secondary dwelling. The additional parking shall be provided as specified in the applicable zoning district and in Section 19.04.140 et seq. The zoning administrator may grant modifications to allow the additional required parking to be located within the setbacks based on a finding that the setback requirements cannot be met because of the topography of the site and the location of the principal structure. In no case shall the number of additional parking spaces required be reduced.
Attached Secondary Dwellings
Attached secondary dwellings shall be designed and constructed as follows:
- The secondary dwelling shall be established by remodeling the interior of the existing primary dwelling to create two independent dwellings, rather than by constructing a substantial addition to the habitable space of the existing dwelling. Any proposed increase in floor area shall not exceed ten percent of the existing habitable space.
- The total floor area of the secondary dwelling shall not exceed forty (40) percent of the habitable space of the primary dwelling.
- The secondary dwelling shall have a separate entrance.
- The garage of the primary dwelling shall not be converted to a secondary dwelling.
- The exterior of the portion of the primary dwelling used for an attached secondary dwelling shall be designed to be consistent with the rest of the primary dwelling, and shall not appear as a separate residential unit.
Detached secondary dwellings shall be designed and constructed as follows:
- The maximum floor area of the secondary dwelling shall be one thousand two hundred (1,200) square feet, exclusive of any garage.
- The design of the secondary dwelling shall be consistent with the primary dwelling.
Additional Requirements
The zoning administrator may add other conditions as necessary to preserve the health, safety, welfare and character of the single-family neighborhood.
Findings for Approval
In addition to the findings required by Section 19.08.110 of this title, prior to the approval of any secondary dwelling, the zoning administrator shall make all of the following findings:
- All provisions of this section and the requirements of the RS zone (Sections 19.02.120 et seq.) have been met and the secondary dwelling will not be detrimental to the health, safety, and general welfare of the community.
- The secondary dwelling is compatible with the design of adjacent homes and the surrounding neighborhood and will not cause excessive noise, traffic, parking or other disturbance to the existing neighborhood or adversely affect public services and resources, including water supply, fire protection, and sewage disposal.
- Provisions for on-site parking are adequate for existing and proposed uses.
The secondary dwelling will not:
- Tend to change the character, or
- Cause a concentration of second units sufficient to change the character of the single-family neighborhood in which it is located.
- The secondary dwelling does not detract from the privacy of the surrounding residents.
- The secondary dwelling will not be sold or financed separately from the principal structure.
- The proposed secondary dwelling is consistent with the goals and policies of the comprehensive plan, except as otherwise provided in this section.
Appeals
Decisions of the zoning administrator approving, conditionally approving, or denying applications for secondary dwellings are final, subject to appeal to the commission in accordance with the procedures in Section 19.10.130 of this title.
Revocation
As provided in Section 19.08.110(F) of this title. (Ord. 94-13, 1994: prior code § 19.06.180)