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Diamond Bar |
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Code of Ordinances |
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Title 22. DEVELOPMENT CODE |
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Article III. SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS |
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Chapter 22.42. STANDARDS FOR SPECIFIC LAND USES |
§ 22.42.120. Accessory dwelling units.
The purpose of this section is to implement state law regarding the permitting and development of accessory dwelling units so as not to unreasonably restrict the creation of accessory dwelling units in designated residential zones, which ensuring that new accessory dwelling units are compatible with the neighborhoods in which they are located, do not unreasonably impact utilities, parks, open spaces and other community facilities, and do not downgrade the living environment in the city. This section provides standards for the establishment of accessory dwelling units.
(1)
[Designated Zoning districts.] Accessory dwelling units shall be allowed in the zoning districts specified in section 22.08.030 (residential district land uses and permit requirements) subject to the approval of the director as provided in this section.
(2)
Number of units allowed. Only one accessory dwelling unit shall be allowed on a legal residential parcel. A residential parcel shall not be allowed to have both an accessory dwelling unit and guest house.
(3)
Site requirements. The parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
a.
The parcel shall have a minimum area of 10,000 gross square feet and a minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet and a minimum depth of 100 feet; and
b.
The parcel shall be zoned for single-family or multi-family use and shall be developed with not more than one single-family primary residence. The owner of the parcel must live in the primary residence or the accessory dwelling unit, and shall demonstrate such occupancy to the satisfaction of the city prior to issuance of permits. If, at any time, the owner ceases to occupy either the primary residence or the accessory dwelling unit, the accessory dwelling unit shall automatically become a non-habitable space, shall not be used as a dwelling, and shall not be rented.
c.
Exception. Accessory dwelling units that meet all of the following criteria shall be permitted in all single-family residential zones, regardless of lot size:
i.
The accessory dwelling unit is contained within a legally constructed existing space of a single-family residence or accessory structure (including a garage);
ii.
There is independent exterior access from the existing residence;
iii.
The side and rear setbacks are sufficient for fire safety;
iv.
All applicable building and safety codes are met; and
v.
Only one accessory dwelling unit will exist on the parcel.
(4)
Location of accessory dwelling unit. An accessory dwelling unit may be within, attached to, or detached from the existing primary residence. If detached, the accessory dwelling unit shall be located within the rear portion of the subject parcel and shall be separated from the existing primary residence a minimum of ten feet. If attached to or within the primary residence, a separated entrance shall be provided and said entrance shall not be located on the front of the primary residential structure or facing the street on which the primary residence fronts.
(5)
If the accessory dwelling unit is detached, the total floor area of the structure shall not exceed the allowable floor area of an accessory dwelling unit.
(6)
The following standards apply to all attached or detached accessory dwelling units, except for accessory dwelling units meeting the requirements of subsection 22.42.120(3)(c):
a.
The increased floor area of an accessory dwelling unit shall not exceed 600 gross square feet in floor area or 50 percent of the living area of the primary residence, whichever is less, if located on a parcel that is between 10,000 and 20,000 gross square feet with a minimum buildable pad area of 8,000 square feet and has a minimum width of 50 feet and a minimum depth of 100 feet;
b.
The increased floor area of an accessory dwelling unit shall not exceed 1,200 square feet in gross floor area or 50 percent of the living area of the primary residence, whichever is less, if located on a parcel that is over 20,000 gross square feet with a minimum 10,000 square feet buildable pad area;
c.
An accessory dwelling unit shall match the architectural style and design features of the primary residence, such as but not limited to:
i.
Exterior finishes: Materials, colors, surface treatments and details;
ii.
Roofing: Type, pitch and materials;
iii.
Scale and form; and
iv.
Windows: Type, forms, and dimensional ratios.
d.
An accessory dwelling unit shall utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the finished grade to highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the design of the accessory dwelling unit shall not change the character of the surrounding residential neighborhood;
e.
An accessory dwelling unit shall contain separate kitchen and bathroom facilities and have a separate entrance from the primary residence;
f.
An accessory dwelling unit shall contain no more than two bedrooms;
g.
An efficiency unit must have a minimum floor area of 220 square feet and shall comply with building requirements pursuant to the California Building Code 1208.4 and California Residential Code R304.5;
h.
No passageway is required in conjunction with the construction of an accessory dwelling unit. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit;
i.
No setback shall be required for an existing garage that is converted to an accessory dwelling unit;
j.
The accessory dwelling unit shall comply with all applicable building code requirements that apply to detached dwellings; and
k.
Fire sprinklers shall not be required for such an accessory dwelling unit if they are not required for the primary residence.
(7)
Parking.
a.
One off-street parking space shall be provided for the accessory dwelling unit, in addition to the required and existing parking provided for the primary residence. Said parking space shall be accessible from the existing driveway approach and may be provided as tandem parking on the existing driveway or in setback areas. An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30.080.
b.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and those offstreet parking spaces are required to be replaced pursuant to chapter 22.30, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts.
c.
Exceptions. Additional parking for an accessory dwelling unit shall not be required if the following conditions apply:
i.
The accessory dwelling unit is located within one-half mile of a permanent transit stop, including, but not limited to, a park and ride facility or bus stop regularly operating with a headway of 15 minutes or less.
ii.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v.
When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit.
(8)
Rental of accessory dwelling units. An accessory dwelling unit may be rented, although rental is not required. Any rental term of an accessory dwelling unit that is legally created on or after June 1, 2017 shall be longer than 30 days.
(9)
Sale or subdivision of an accessory dwelling unit. An accessory dwelling unit shall not be sold or owned separately from the primary residence, and the parcel shall not be subdivided in any manner that would authorize such separate sale or ownership.
(10)
Utilities. Utilities serving the accessory dwelling unit (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. The accessory dwelling unit shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. Furthermore and prior to the issuance of any city permits, the property owner shall submit written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed accessory dwelling unit. For units using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
(11)
Ministerial approval. The director shall approve an application for an accessory dwelling unit if a complete application is submitted that demonstrates that the accessory dwelling unit complies with the requirements contained in this section. The application shall be considered ministerially without discretionary review or a hearing within 120 days after receiving the application.
(12)
Recorded covenant. Prior to the issuance of a building permit for an accessory dwelling unit, the property owner(s) shall record a covenant agreement, declaration of restrictions, or similar document, in a form acceptable to the director and the city attorney, that runs with the land and is binding on future owners, and which contains restrictions conforming to this section regarding owner-occupancy, separate sale or subdivision, short-term rental, and the size and attributes of the accessory dwelling unit.
(Ord. No. 03(2017) , § 6, 5-2-17)