§ 9-44.160. Accessory Dwelling Units (Ministerial)

A.

1.

The creation of an Accessory Dwelling Unit and Junior Accessory Dwelling Unit pursuant to Government Code Sections 65582.1, 65852.2, and 65852.22, on lots containing an existing or proposed single-family dwelling and zoned OS, RE, RVL, RL, RM, Rmod, RH, and RVH shall be subject to the standards in Table 4-4 as implementing the requirements specified in the above Government Code Sections. Refer to Glossary Definitions and Section 9-80.020 for Accessory Dwelling Unit and Junior Accessory Dwelling Unit.

2.

The proposed single-family dwelling must be approved for occupancy before an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is approved for occupancy.

3.

The standards for and Accessory Dwelling Unit and a Junior Accessory Dwelling Unit are shown below.

Table 4-4: Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Requirements

	ADU detached	ADU attached to house	ADU attached to Accessory Structure (one story)	ADU Garage Conversion	ADU Above a Proposed or Existing Garage, Attached or Detached	JADU
Subject to California Building Code (CBC) and California Residential Code (CRC)	Any conflicts between the requirements of this Development Code and the California Building Code and California Residential Code shall be resolved in favor of whichever Code imposes the greater requirement, subject to compliance with California Government Code Sections 65582.1, 65852.2, and 65852.22
Number Per Parcel	Either one ADU or one JADU per lot with an existing or proposed Single-Family Dwelling (SFD) on it
Kitchen Required	Yes	Yes	Yes	Yes	Yes	Minimum electric efficiency kitchen per CGC 65852.22(6)
Sanitary Facilities Required	Separate from Single-Family Dwelling (SFD)					Separate or shared with proposed or existing SFD
Separate Outside Entrance (Passageway)	Yes	Yes	Yes	Yes	Yes	Yes Also requires internal connection to a proposed or existing SFD
Other Facilities	NA	NA	NA	NA	NA	One bedroom of the proposed or existing SFD
Size — Minimum	Per California Health and Safety Code Section 17958.1
Size — Maximum	30% of a proposed or existing SFD Living Area up to a Maximum 1,200 sq. ft. The cumulative total of all habitable accessory structures and any detached ADU on the lot shall not exceed 1,200 square feet A detached structure shall not exceed 1,200 square feet					500 square feet
Property Owner Must Reside On-site	Owner must reside in the SFD or ADU; the ADU and JADU may not be sold separately from the SFD on the parcel. This must be recorded as a Deed Restriction on the property title					In SFD unless exempt per CGC 65852.22
Lease or rental period length	The ADU/JADU must have a rental period of no less than 30 days. This must be recorded as a Deed Restriction on the property title
Setbacks: Front, Side, Street Side, and Rear	Portions of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit that are within an existing structure will not be required to provide additional building setbacks. Setbacks for proposed structures that will be subsequently converted to an ADU will be subject to the required setbacks for the originally proposed structure to be converted per Section 9-24.040. Setbacks for portions an ADU that extend beyond the proposed or existing structure will be subject to the ADU setbacks shown below
Setbacks for portions of an ADU or JADU that extend beyond an existing structure: Front	Same as SFD			Same as SFD	Same as SFD; any new exterior stairs must be located on the side or rear whenever possible	No additional setback
Setbacks for portions of an ADU or JADU that extend beyond an existing structure: Side, Street Side, and Rear	Refer to 9-30.080(D) Detached guest houses	If entirely within a proposed or existing SFD, then per CBC and CRC. Otherwise refer to 9-30.080(D) Table 3-2, Accessory Dwelling Units	If entirely within an existing structure, then per CBC and CRC. Otherwise refer to 9-30.080(D) Detached guest houses	No additional setback for existing structure. Otherwise refer to 9-30.080(D) Table 3-2, Accessory Dwelling Units	5 feet Any new ADU entry must not face the street, whenever possible. Stairs must meet current ADU setbacks	If entirely within a proposed or existing SFD, then per CBC and CRC. Otherwise refer to 9-30.080(D) Table 3-2, Accessory Dwelling Units
Height	ADUs must be one-story (maximum 18 feet in height, except where state law allows construction above a garage)
Lot Coverage	All Structures shall not cover more than 40% of the rear yard setback, which is the rear 20 feet of the lot			NA	NA	NA
Parking	1 space, if required (1)	1 space, required if not using part of a proposed or existing SFD (1)	1 space, required if not using part of a proposed or existing accessory structure (1)	None required for the ADU; replacement of garage parking spaces is required (2)	No additional parking required.	No additional parking required.

 

;adv=6; (1) An ADU must have one parking space that can be uncovered, tandem, lift, or otherwise provided on the lot unless: a) located within ½ mile (measured by way of public sidewalk), of a transit stop with at least four bus stops in each direction each day; b) In a Historic District; c) in a permit parking area; or d) within one block of a car share vehicle. Notwithstanding traffic safety requirements and front yard landscape requirements per Section 9-33.030.C, uncovered and tandem parking to provide required ADU parking may be located anywhere on the lot, as required per California Government Code Section 658582.2(i)(6). When parking is required and none of the above parking options are technically feasible, then one of the uncovered spaces in front of the garage will be counted as the required ADU parking space.

;sz=9;(2) When a garage or carport is converted to an ADU, the lost spaces must be replaced with covered spaces, or uncovered or tandem parking that are located on paved surfaces with paved access, anywhere on the lot, subject to traffic safety requirements as required per California Government Code Section 658582.2(i)(6), subject to traffic safety requirements and front yard landscape requirements per Section 9-33.030.C as required. When none of the above parking options can create the required parking spaces, then one lost garage space will be waived as necessary. At the property owner's option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements.

B.

(i)

Notwithstanding any other regulation in this Development Code that is specifically applicable to Accessory Dwelling Units or Junior Accessory Dwelling units, a Zoning Clearance must be ministerially approved for an application for a building permit to create within a residential zone, one accessory dwelling unit per single-family lot, if the unit is contained within the proposed or existing space of a single-family residence or within the existing space of an accessory structure, has independent exterior access from the proposed or existing residence, and the side and rear setbacks are sufficient for fire safety.

(ii)

The existing space of an accessory structure within which an Accessory Dwelling Unit is proposed to be located (refer to subsection (i)) must have a solid roof and structural framing. In addition, the structure must have been permitted as required by the Simi Valley Municipal Code. Construction beyond the existing space of the accessory structure must meet all current requirements of the Simi Valley Municipal Code. Accessory structures, such as a studio, shed, carport, horse stable, garage, or pool house, can be converted to an Accessory Dwelling Unit.

(iii)

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence unless otherwise required by the Fire Code.

C.

A Deed Restriction must be recorded on the property prior to approval for an ADU or JADU in the form provided by the City. The deed will specify that property owner occupancy is required in the SFD or ADU at all times. Should the owner pass or vacate the property, the ADU or JADU may either no longer be located on the property or must be converted to a legal structure, and any separate rental must be vacated within 90 days. The deed restriction will also specify that rental of any ADU or JADU (or the primary residence if the owner lives on site in the ADU or JADU) must be for periods of 30 days or more.

D.

1.

For portions of ADUs that are built above garages and that are less than 18 feet from the rear property line and less than 8 feet from the side property line:

a.

(i) No doors, and (ii) no portion of windows or other openings that are less than 6 feet above the floor, may face adjacent residentially zoned property, and

b.

Must have hipped roofs with minimum 18-inch eaves consistent with the style of the primary structure, or equivalent as approved by the City Planner.

2.

All ADU's that are built above garages must:

a.

Have architectural detailing that reflects the SFD and avoids a blank, two-story wall per the City of Simi Valley Residential Design Guidelines; and

b.

Locate any new entry to not face the street (i.e., on the side or rear), whenever possible.

(§ 2 (Exh. A), Ord. No. 1265, eff. January 9, 2017 as amended by § 2 (Exh. A), Ord. No. 1282, eff. December 11, 2017 and § 2(Exh. A), Ord. No. 1289, eff. July 5, 2018)

Editor's note

Ord. No. 1265, § 2, adopted January 9, 2017, effective January 9, 2017, amended § 9-44.160 in its entirety to read as herein set out. Former § 9-44.160, pertained to second dwelling units (ministerial), and derived from amendment during 3-07 supplement, and Ord. No. 1126, effective March 13, 2008.