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A. Purpose.

1. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., secondary dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.

2. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community.

B. Applicability.

1. Application. This section shall apply to:

a. New Structures. All new structures, as defined in the building code, located on the same site as the primary structure or use to which it is accessory, including, but not limited to, garages, carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, etc.

b. Decks and Patios. Decks and patios that are 30 inches above the ground elevation, excluding aboveground pools.

2. Exclusion. This section shall not apply to legally established dwellings, accessory dwelling units as defined in Section 17.156.004 (A Definitions), and guest quarters as defined in Section 17.158.018 (G Definitions). Accessory structures that include habitable space, as defined by the California Building Code, shall be regulated by Section 17.86.020 (Accessory Dwelling Units and Guest Quarters).

C. Development Standards.

1. General Development Standards. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc.

2. Incidental Use. The use of an accessory structure is incidental, and subordinate to the use of the principal structure, or to the principal land use of the site.

3. Form. Accessory structures may consist of detached structures or additions to primary structures.

4. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities.

5. Limit on Total Number in Residential Zones. In residential zones, no more than three accessory structures shall be permitted per lot, only one of which may include a habitable accessory structure such as an accessory dwelling unit or guest quarters.

D. Process Requirements.

1. Building Permit. Development of an accessory structure shall require approval of a building permit from the city’s building division.

2. Design Review. Plans submitted for a building permit shall be reviewed for consistency with the city’s community design guidelines and general development requirements of the zoning regulations.

3. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and Health and Safety Codes. (Ord. 1650 § 3 (Exh. B), 2018)