CITY COUNCIL AGENDA PACKET REGULAR

Amend §18.106.045 as follows: §18.106.045 Standards for detached accessory dwelling units—Height limitations, setbacks, open space, and other regulations. Detached accessory dwelling units shall meet the requirements in Section 18.106.060 of this chapter and the following requirements: A. Detached accessory dwelling units shall not exceed 16 feet in height, except that: (1) an accessory dwelling unit that is the result of the conversion of an existing accessory structure may retain the height of the accessory structure even if the structure is greater than 16 feet; and (2) detached accessory structures greater than 16 feet in height may be proposed as part of a new planned unit development. Height for all detached accessory dwelling units is measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure; (3) a detached accessory dwelling unit on an existing or proposed single-family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code shall not exceed 18 feet in height plus an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; and (4) a detached accessory dwelling unit on a lot with an existing or proposed multi-family multi-story dwelling shall not exceed 18 feet in height. B. All detached accessory dwelling units shall be located a minimum of four feet from side and rear property lines, except in the case where an accessory dwelling unit exceeds 800 square feet, a 10-foot street side setback is required for corner lots. Only in instances when complying with the front yard setback precludes a Statewide Exemption Accessory Dwelling unit can an encroachment into the front yard setback be permitted and shall be limited only to the extent necessary to accommodate a Statewide Exemption Accessory Dwelling Unit. Where a detached accessory dwelling unit, or a portion thereof, would be constructed in exactly the same location and to exactly the same dimensions as a legal accessory structure, or is the result of the conversion of an existing accessory structure, the accessory dwelling unit may maintain the same setbacks as the existing structure, with no minimum setback required. C. The gross floor area of a detached accessory dwelling unit shall not exceed 850 square feet if the accessory dwelling unit is a studio or one-bedroom unit or 1,000 square feet if the accessory dwelling unit is two or more bedrooms, except where such unit results from conversion of an existing accessory building, in which case it may exceed these size limits. D. An accessory dwelling unit that does not meet all of the Statewide Exemption Accessory Dwelling Unit Standards defined in Section 18.106.020 shall comply with applicable floor area ratio maximums, minimum open space requirements, and any other applicable development regulations established by this section and the zoning district or planned unit development in which the property is located. E. Except as modified by this chapter, all other regulations embodied in the zoning of the property for class I accessory structures shall apply to the development of detached accessory dwelling units on one-family residential lots and multi-family residential lots. Amend §18.106.060 as follows: §18.106.060 Required standards for all accessory dwelling units. All accessory dwelling units shall meet the following standards: A. Only one other residential unit shall be permitted on a lot with an accessory dwelling unit. The owner may rent both the primary residential unit and the accessory dwelling unit together to one party who may not further sublease any unit(s) or portion(s) thereof. The Page 23 of 448