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16.333.060 DEVELOPMENT STANDARDS

A. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, and cooking and sanitation facilities separate from the primary dwelling unit on the same lot.

B. Accessory dwelling units shall meet the following standards:

1. Development on the Lot

a. A primary dwelling unit shall either exist on the lot or shall be constructed in conjunction with the accessory dwelling unit. The City shall not issue a certificate of occupancy for an accessory dwelling unit before it issues a certificate of occupancy for the primary dwelling.

b. The accessory dwelling unit shall be:

i. Detached from the proposed or existing primary dwelling unit, but located on the same lot as the proposed or existing dwelling; or

ii. Attached to the proposed or existing dwelling; or

iii. Located within the proposed or existing dwelling or an existing structure on the same lot as the primary dwelling (such as a garage, storage area, or accessory structure).

c. Subject to Government Code Section 65852.2(e), only one accessory dwelling unit shall be allowed per lot.

d. The accessory dwelling unit shall not be sold separate from the primary residence nor shall it be used for short-term rentals of less than 30 days.

2. Building and Construction

a. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

b. The accessory dwelling unit shall be constructed on a permanent foundation.

c. An accessory dwelling unit shall have fire sprinklers if the primary residence is also required to have fire sprinklers.

d. Subject to Government Code Section 65852.2(f)(4), an accessory dwelling unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both, proportionate to the burden of the proposed accessory dwelling unit calculated in accordance with Government Code Section 65852.2(f)(5).

3. Parking

a. Subject to Government Code Section 65852.2(e), the development of an accessory dwelling unit on a lot where the existing dwelling unit does not comply with current parking standards shall be subject to the requirements of Municipal Code Section 16.400.040.A.3.

b. Except as provided in subsection B.3.d below, accessory dwelling units shall meet the following parking standards:

i. At least one off-street parking space shall be provided for an accessory dwelling unit.

ii. Parking spaces shall comply with Municipal Code Section 16.136.040.A, and be provided on the same lot as the accessory dwelling unit. A covered parking space is preferred but not required.

iii. The parking space(s) for the accessory dwelling unit shall be in addition to the parking required for the primary residence.

c. If parking is required:

i. If uncovered, required parking spaces may be located in required setback areas and may be provided through tandem parking. Applicants are encouraged to provide required uncovered parking spaces outside of front and street-side setback areas, if possible. If covered, required parking spaces shall comply with the setback requirements applicable to the subject property.

Parking arrangements pursuant to this subsection E.3 may be prohibited if the Community Development Director makes a finding that such parking arrangements are not feasible based upon specific site or fire or life safety conditions, or that such arrangements are not permitted anywhere in the jurisdiction.

ii. When a garage, carport, or covered parking structure providing required parking for the primary residence is demolished in conjunction with the construction of an accessory dwelling unit or is converted into an accessory dwelling unit, 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, or tandem spaces, or by the use of mechanical automobile parking lifts. If covered, replacement spaces shall comply with the setback requirements applicable to the subject property.

Per Government Code Section 65852.2(a)(1)(D)(xi), replacement parking is not required when parking for the primary residence is demolished in conjunction with the construction of an accessory dwelling unit or is converted into an accessory dwelling unit.

d. Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:

i. The accessory dwelling unit is located within one-half mile walking distance of public transit.

ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii. The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure.

iv. When there is a car share vehicle area located within one block of the accessory dwelling unit.

v. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

4. Height

a. The plate height of an accessory dwelling unit shall not exceed the plate height of the primary dwelling unit and the total height of the accessory dwelling unit shall not exceed 16 feet.

b. An accessory dwelling unit shall not be constructed over a garage space.

5. Setbacks

a. An accessory dwelling unit shall be set back at least four feet from rear and side lot lines. Front yard setbacks shall be governed by the setback standards for the applicable zoning district.

b. Notwithstanding subsection B.5.a, no setback shall be required for an accessory dwelling unit in an existing structure or a structure that is rebuilt in the same location and to the same dimensions as an existing structure.

6. Unit Size

a. Subject to subsection B.6.b below, if there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50% of the living area of the existing primary dwelling.

b. For all accessory dwelling units, the maximum square footage shall not exceed:

i. 850 square feet for accessory dwelling units having one bedroom or less; and

ii. 1,000 square feet for accessory dwelling units having more than one bedroom.

c. The minimum square footage for an accessory dwelling unit is 150 square feet of floor area.

d. The accessory dwelling unit shall contain no more than two bedrooms.

7. Lot Coverage

The accessory dwelling unit shall meet the lot coverage standards of the applicable zoning district, provided those standards allow for an accessory dwelling unit of at least 800 square feet that is at least 16 feet in height with four-foot side and rear yard setbacks.

8. Architectural Design Standards

Staff will apply the following standards in evaluating applications for an accessory dwelling unit:

a. The color, material and texture of all building walls, window types, and door and window shall be substantially similar to the primary dwelling unit.

b. The design, color, material, pitch, and texture of the roof shall be the same as that of the primary dwelling unit.

c. The architectural style of the accessory dwelling unit shall be the same as that of the primary dwelling unit. If no architectural style can be identified, the design of the accessory dwelling unit shall be architecturally compatible with the primary dwelling unit.

d. The design of the accessory dwelling unit shall maintain the scale and appearance of a single-family dwelling unit and shall not unduly interfere with or visually dominate the established development pattern of the surrounding neighborhood context.

e. Exterior doors of the accessory dwelling unit shall not be oriented in the same direction as the primary exterior entrance of the primary dwelling unit when both would be visible from any public right-of-way, excluding alleys.

i. Notwithstanding the above, on properties located at the intersection of two public streets, the exterior doors of the accessory dwelling unit shall not be oriented in the same direction as the primary exterior entrance of the primary dwelling unit but may be visible from a public right-of-way.

ii. An accessory dwelling unit shall have no exterior entrances on elevations where the distance to a side property line is less than eight feet.

f. The accessory dwelling unit shall be designed to preserve and/or retain on-site significant mature trees to the greatest extent possible. Removal of significant trees should be avoided, except where such trees have been determined by a licensed arborist to be of poor health or where retention is economically infeasible, as determined by the Community Development Director.

g. All windows and doors of the accessory dwelling unit shall be designed to minimize privacy impacts to adjacent properties. Minimizing privacy impacts may be achieved through window placement above interior eye level and/or horizontally offset to avoid direct alignment with windows on neighboring properties, and also through orienting windows and doors towards the primary dwelling unit.

An accessory dwelling unit with less than an eight-foot side or rear setback shall only have clerestory windows which are a minimum of six feet above the floor on those sides.

h. Enhanced landscaping and strategically located open space shall be provided to ensure privacy and screening of adjacent properties.

i. When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the scale, materials and landscaping of the primary dwelling unit that preserve the existing streetscape and character of the surrounding neighborhood.

j. The accessory dwelling unit shall not cause a substantial adverse change on any real property that is listed in the National Register of Historic Places, and/or California Register of Historic Places, and/or Register of Structures of Historic and Architectural Merit of the City of Claremont.

9. Interior Amenities

a. Washer/dryer hookups shall be provided within a closet or laundry room. Space for stacked units is acceptable.

b. Units of 500 square feet or less shall have, at a minimum, a kitchen which will consist of:

i. A 15-inch sink with garbage disposal and a one and one-half-inch waste line

ii. An opening which will accommodate a 62-inch by 25-inch by 28-inch refrigerator.

iii. A two-element electronic stove of 120 volts.

iv. 10-square feet of counter space.

c. Units of greater than 500 square feet shall have, at a minimum, a kitchen which will consist of:

i. A 22-inch sink with garbage disposal.

ii. An opening that will accommodate a 69-inch by 30-inch by 29-inch refrigerator.

iii. A four-element stove.

iv. 15-square feet of counter space.

F. Junior accessory dwelling units shall meet the following standards:

1. Development on the Lot

a. A junior accessory dwelling unit shall be constructed within the existing walls of the residential structure and shall include an existing bedroom.

b. Only one junior accessory dwelling unit shall be allowed per lot. Subject to Government Code Section 65822.2(e), junior accessory dwelling units are only permitted on lots zoned for single-family residences with a proposed or existing single-family residence.

c. The junior accessory dwelling unit shall not be sold separate from the primary residence nor shall it be used for short-term rentals of less than 30 days.

2. Building and Construction

a. A junior accessory dwelling unit must include a separate entrance from the main entrance to the primary dwelling unit, with an interior entry to the main living area. A junior accessory dwelling unit may include a second interior doorway for sound attenuation.

b. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

c. A junior accessory dwelling unit must include an efficiency kitchen, which includes all of the following:

i. A cooking facility with appliances;

ii. A food preparation counter of reasonable size in relation to the size of the junior accessory dwelling unit;

iii. Storage cabinets that of reasonable size in relation to the size of the junior accessory dwelling unit;

d. The junior accessory unit shall meet the requirements of the building code, as adopted and amended by Title 15 of the Claremont Municipal Code, provided the unit shall not be considered a separate or new dwelling unit for the purposes of any fire or life protection regulation.

3. Parking

No additional parking is required for a junior accessory dwelling unit

4. Unit Size

The maximum size for a junior accessory dwelling unit is 500 square feet.

G. Notwithstanding subsections B and C, the City shall ministerially approve a permit for an accessory dwelling unit or junior accessory dwelling unit that meets the standards set forth in Government Code Section 65822.2(e)(1); provided, however, accessory dwelling units approved under this section shall be subject to the standards for Interior Amenities set forth in subsection B.9 and for accessory dwelling units on a lot with a proposed or single-family dwelling, the Architectural Design Standards in subsection B.8. (20-02; 19-07)