§ 13-35. Second units

Pursuant to Government Code § 65852.2, local governments have the authority to adopt regulations designed to promote second units. A second unit which conforms to the requirements of this section 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 which is consistent with the general plan designation and zoning classification for the lot.

The following criteria constitute the standards that the city shall use to evaluate a proposed second unit.

(a) A land use restriction requiring that the primary dwelling unit be owner occupied shall be recorded on the property prior to the issuance of a building permit for the second unit and shall be valid as long as the second unit exists.

(b) A second unit shall be limited to a lot in the R1 zone with a minimum lot size of 8,500 square feet.

(c) A second unit shall not be intended for sale but may be rented.

(d) The primary dwelling unit shall be a single-family residence.

(e) If detached from the primary dwelling unit, the second unit size shall not exceed 1,200 square feet.

(f) If attached to the primary dwelling unit, the second unit size shall not exceed 30 percent of the existing living area of the primary dwelling unit.

(g) Two open parking spaces shall be provided for the second unit. In conjunction with a second-unit application, the parking required for the primary dwelling unit shall be in compliance with the current parking requirements as specified in Chapter VI Off-Street Parking Standards and shall not be attributed to the second unit. The parking for the second unit does not need to be covered.

(h) A second unit shall comply with the residential development standards shown in Title 13, Chapter V, Table 13-32 and shall be subject to all applicable residential design guidelines.

(i) An application for a second unit shall be considered ministerially by the Development Services Director or his/her designee. Exception: Where deviations from the residential development standards are requested, the second unit application is subject to the application processing procedures as set forth in Title 13, Chapter III Planning Applications. An appeal shall be in accordance with Title 2, Chapter IX Appeal, Rehearing and Review Procedure.

(j) An application for a second unit involving second story construction may be subject to minor design review pursuant to Title 13, Chapter III Planning Applications.

(Ord. No. 11-10, § 1, 9-20-11 )

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Ord. No. 11-10, § 1, adopted September 20, 2011, amended 13-35 in its entirety to read as herein set out. Former § 13-35, pertained to accessory apartment, and derived from Ord. No. 97-11, § 2, 5-5-97; Ord. No. 03-4, § 1(b), 6-2-03; Ord. No. 03-8, § 10, 9-2-03.