§ 8107-1.7.1. Standards for an accessory dwelling unit created within the existing space of a principal dwelling unit or accessory structure.

(a)

An application for a building permit for an accessory dwelling unit created entirely within the existing space of a permitted principal dwelling unit or within the existing space of a permitted accessory structure shall be approved ministerially in single-family zoned lots without respect to the standards in Section 8107-1.7.2 if it meets all of the following:

(1)

The lot is zoned as one (1) of the following: Single-Family Residential (R1), Two-Family Residential (R2), Residential Planned Development (RPD), Residential (RES), Rural Agricultural (RA), Single-Family Estate (RO), or Rural Exclusive (RE);

(2)

The accessory dwelling unit has independent exterior access;

(3)

The rear and side setbacks are deemed sufficient for fire safety as required by the Building Code; and

(4)

The creation of the accessory dwelling unit does not involve the addition of floor area to the existing structure.

(b)

An application for a zoning clearance for an accessory dwelling unit created entirely within the existing space of a permitted principal dwelling unit shall be approved ministerially in open space and agriculturally zoned lots if it meets all of the following:

(1)

The lot is zoned Open Space (OS) or Agricultural Exclusive (AE);

(2)

The accessory dwelling unit has independent exterior access;

(3)

The rear and side setbacks are deemed sufficient for fire safety as required by the Building Code;

(4)

The creation of the accessory dwelling unit does not involve the addition of floor area to the existing structure; and

(5)

The lot is located outside the boundaries of the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality Impact Area shown in Map 1.

Accessory dwelling units that meet the provisions of Section 8107-1.7.1(a) or (b) above shall comply with the following standards:

(c)

No parking requirements shall be imposed.

(d)

When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces for the principal dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

(e)

No more than one (1) accessory dwelling unit is allowed on each lot.

(Ord. No. 4507, § 3, 3-14-2017; Ord. No. 4509, § 2, 4-18-2017; Ord. No. 4519, § 3, 2-27-2018)