27.19 Secondary Unit - Residential Zones
27.19.040 Development standards.
27.19.050 Owner occupancy.
27.19.010 PURPOSE. The purpose of this chapter is to set forth regulations to permit secondary residential unit on residential zoned properties (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4D, R5D, R6D and BMSP). (Ord. 2003-12 § 12 (part), 2003; Ord. 1991-12 § 61, 1991; Ord. 1989-18 § 8, 1989; Ord. 1983-16 § 1 (part), 1983).
27.19.020 PROHIBITION. This chapter shall not in any form or manner automatically legalize any existing secondary unit whatsoever whether or not such secondary unit is claimed to have been legally established. The building official shall maintain records of all secondary residential units established pursuant to this chapter. Properties establishing secondary units pursuant to this chapter shall not be subdivided at the time said unit is established or thereafter. (Ord. 2003-12 § 12 (part), 2003; Ord. 1983-16 § 1 (part), 1983).
27.19.040 DEVELOPMENT STANDARDS. Secondary unit, defined in Section 27.04.165, shall comply with the following development standards:
(a) Permitted Zoning Districts: Secondary units shall only be constructed on residential zoned properties, specifically R1-A, R1-B, R1-C, R2, R3, R4, R5, R4D, R5D, R6D and BMSP, that have been developed with a single family dwelling unit or a secondary unit is proposed to be built in conjunction with a single family dwelling unit, where the single family dwelling is the primary residential dwelling unit. The residential property shall not be part of a condominium.
(b) Occupancy: Occupancy of the secondary unit shall be limited to not more than two (2) persons per each bedroom plus one additional person.
(c) Setback and Other Zoning Regulations: For purposes of setbacks and other zoning regulations, the secondary unit shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district.
(d) Maximum Unit Size: The floor area of such unit shall not exceed six hundred forty (640) square feet, including attic and basement areas as defined in Section 27.04.200 for the applicable zoning district, provided that the total floor area for the parcel or lot does not exceed the maximum allowable floor area.
(e) Number and Type of Required Parking: Notwithstanding Section 27.64.020 of the Municipal Code, there shall be a minimum of one (1) standard size off-street parking space for a secondary unit with up to one (1) bedroom and one (1) standard size parking space shall be required for each additional bedroom. The required secondary unit parking may be uncovered; however, none shall be in tandem. In addition, the required parking for the primary residential dwelling unit must comply with current code standards, as specified by the underlying zoning district. All accessory structures must comply with the requirements of the underlying district for accessory structures.
(f) Location of Required Parking: The required secondary unit parking may be located in the rear one third (1/3) of the property; including the required rear setback and a portion of the required side setback areas (see fig. 27.19-1). The required parking shall not be located within the required front, interior side setback, and/or street side setback areas.
(g) Architectural Standards: Secondary units shall be designed to comply with the following standards:
(1) Attached Secondary Units: Secondary units that are attached to the primary residential dwelling unit shall: (A) locate the primary entrance to the secondary unit no closer to the street than the primary residential dwelling unit; (B) shall not have any interior connection(s) to the primary residential dwelling unit or any accessory structure(s)/use(s); (C) shall be architecturally compatible with the primary structure and shall not be disruptive to the neighborhood character; and (D) shall be constructed of the same or similar exterior materials, finishes, and colors as the primary residential dwelling unit.
(2) Detached Secondary Units: Secondary units that are detached from the primary residential dwelling unit shall: (A) comply with the architectural standards listed above under attached secondary units; (B) maintain a minimum separation of four (4) feet in width, from eave to eave, that is open to the sky between the secondary unit and any other structure, including the primary residential dwelling unit and any other accessory structure(s)/use(s); and (C) shall be designed to minimize the visibility of the secondary unit from the street(s), with the exception that corner lots are excluded from this requirement.
(3) Attached and Detached Secondary Units: Secondary units, whether attached or detached, located above the first story of a building shall be subject to the architectural standards established for the underlying district, including any required discretionary Site Plan and Architectural Review, as specified in Section 27.08.030, and planning application process. This applies to secondary units that are two-story in nature, located at the second story, and/or split-level.
(4) Existing Accessory Structure: When any secondary unit is proposed to be attached to an existing accessory structure, the entire structure must comply with all standards for the principal use of the subject site, and not those standards for an accessory structure.
(h) Other Requirements: All other zoning requirements shall be complied with unless an authorized variance is approved. (Ord. 2003-12 § 12 (part), 2003; Ord. 1997-20 § 1, 1997; Ord. 1983-16 § 1 (part), 1983).
27.19.050 OWNER OCCUPANCY. (a) Only one unit may be occupied solely by persons other than the owner or owners of record.
(b) A deed restriction or declaration shall be recorded to run with the land prohibiting occupancy of more than one of the two units unless the owner or owners of record occupy one unit as their permanent legal residence. The deed restriction shall be recorded and, after recordation, shall be submitted to the City prior to the issuance of any building permit for the secondary unit.
(c) A copy of this deed restriction or declaration must be given to each prospective occupant. (Ord. 2003-12 § 12 (part), 2003; Ord. 1983-16 § 1 (part), 1983).
27.19.060 SEVERABILITY. In the event that any part of this title is held to be invalid or inapplicable to any secondary unit(s), it is intended that the invalid part or parts be severed from the remaining provisions in order to continue in force and effect as many provision of this title as possible. It is specifically intended that severance occur, if necessary, that will allow the application of restrictions on the height, size, location, and parking of secondary units. (Ord. 2003-12 § 12 (part), 2003).