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Adopting Urgency Revisions 02/15/23PROOF OF PUBLICATION (2015.5 c. c. p.) PROOF OF PUBLICATION State of California County of Santa Clara 1 am a citizen of the United States and a resident of the State of California: 1 am over the age of 18 years, and not party to or interested in the above -entitled matter. 1 am the principal clerk of the printer of Metro Silicon Valley's Weekly Newspaper, 380 South First Street, San Jose, California 951 13 a newspaper published in the English language in the City of San Jose, and adjudged a newspaper of general circula- tion as defined by the laws of the State of California by the Superior court of the county of Santa Clara, State of California, on April7, 1988, Case No. 651274; that the notice of which annexed is a printed copy has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the follow- ing dates: February 15 - 2023 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: February 15, 2023 At San Jose, California Day Miller Filing Stamp Rj,�p�i A� Z I Acc 2 SSOC 24 ME.. 2 Q iY Cif w 1 O N [O C O u N O Ordinance 2291 BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING URGENCY REVISIONS TO TITLE 21 RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO CONFORM WITH RECENT STATE LEGISLATION (AB-2221 AND SB-897). FILE NO.: PLN-2022-166 WHEREAS, on September 28, 2022. the Governor of the State of California signed into law Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk -Silva), which combined, amended Government Code Sections 65852.2 and 65852.22, and created Section 65852.23, and amended Health and Safety Code Section 17980.12, pertaining to the creation of accessory dwelling units and junior accessory dwelling units, and which took effect January 1, 2023. WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB-897 (Wieckowski) and AB-2221 (Quirk -Silva) in that the City's local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852.2 and 65852.22 as of January 1, 2023, rendering the City's ordinance null and void, thereby limiting the City to applying the few default statutory standards provided in the aforementioned Government Code sections for the approval of accessory dwelling units and junior accessory dwelling units. WHEREAS, the City is undertaking a study to develop permanent zoning standards to conform its current zoning code provisions to conform to the changes in the State law, which shall be completed within a reasonable time, not to exceed 23 months from the adoption of this interim ordinance. WHEREAS, the City seeks to avoid any conflicts with the contemplated permanent zoning standards implementing Stale law. WHEREAS, pursuant to Section 65858 of the Government Code and Section 21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance. WHEREAS, the approval of accessory dwelling units and junior accessory dwelling units based solely on the few default statutory standards of the California Government Code, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, negatively impact property values, personal privacy, fire safety, and create confusion that would hinder the creation of accessory dwelling units and junior accessory dwelling units within the community. WHEREAS, in consideration of the foregoing findings, the City Council furtherfinds that there is a current and immediate threat to the public health, safety, or welfare, justify adoption of this interim ordinance on an urgency basis to be effective immediately upon adoption by a four -fifths vote of the City Council. WHEREAS, adoption of this interim ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17 which exempts the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code relating to the construction of accessory dwelling units. WHEREAS, the City Council finds and determines that the proposed interim ordinance would not be detrimental to the public interest, health, safety. convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 (PURPOSE): This interim ordinance adopts urgency revisions to Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code for consistency with Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk -Silva). SECTION 2 (APPLICABILITY): This interim ordinance is applicable to the creation of accessory dwelling units and junior accessory dwelling units, including such units that are created as part of a "SB-9 proposed housing development" pursuant to Chapter 21.25 (Two -Unit Housing Developments). SECTION 3 (URGENCY REVISIONS): Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by .underlined text and deletions are indicated by strikethrough (strikethrough) text. Chapter 21.23 ACCESSORY DWELLING UNITS 21.23.010 Purpose. This Chapter provides for the establishment of accessory dwelling units and junior accessory dwelling units, in compliance with Article 2 (Zoning Districts), the California Government Code, and the California Building Code (CBC). The purpose of permitting accessory dwelling units and junior accessory dwelling units is to allow more efficient use of the City's existing housing stock and to provide the opportunity for the development of small rental housing units designed to meet the housing needs of individuals and families, while preserving the integrity of residential neighborhoods. It is not the intent of this Chapter to override any lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions (CCBRs). ( Ord. No. 2252 , § 7, 11-19-2019) 21.23.020 Minimum Standards for Eligibility. 21.23.030 Accessory Dwelling Unit Development Standards. J. Parking. Parking for accessory dwelling shall be provided in compliance with this An accessory dwelling unit shall be constructed only in acoordance with the following section. development standards exceot as provided by Section 21 23 065 (Special Provisions for - uked-and-replasemeRl-parkfRg-shallbA prevtded-a' Statewide Exemption Accessory Dwelling Units): apecified-by-Teble-2-1(d-balawr' A. General requirements. Creation of an accessory dwelling unit shell comply with all applicable land use permit, general performance, site development, landscaping, flood damage prevention, and tree protection standards specified by this Title. The requirements for accessory structures found in Section 21.36.020 (Accessory structures) do not apply to accessory dwelling units. B. Placement. Detached accessory dwelling units may be located in front of, to the side of, or behind the primary dwelling unit C. Open space. Creation of an accessory dwelling unit shall not reduce the required open space to less than that specified by the applicable zoning district and/or area or neighborhood plan. In the case of a parcel within the P-D (Planned Development) Zoning District the required private open space shall be equal to the standard provided by the zoning district that directly corresponds to the parcel's General Plan land use designation as specified by Section 21.04.020, Table 2-1 (Zoning Districts and General Plan Designations). Exespt OW A—sses6. OFY dwelling- PA&-tha"ma ai94-hundred-square-teeter saratlec-and -Re-taNeFN+aa-sixt%o4.et may enereash-iota-llw -quired-open saasa.araa ;fa -pan -I D. Floor area ratio and lot coverage. Creation of an accessory dwelling unit shall comply with the maximum floor area ratio and maximum lot coverage as specified by the applicable zoning district and/or area or neighborhood plan. In the rase of a parcel within the P-D (Planned Development) zoning district the maximum floor area ratio and maximum lot coverage shall be equal to the standards provided by the zoning district that directly corresponds to the parcel's General Plan land use designation as specified by Section 21.04.020, Table 2- 1 (Zoning Districts and General Plan Designations). E-xeeptierf�eight-hurated -6quare-feet-o4mas fist erarea-ef-aRaeces6oiy dwelling -unit- hnll he-ezempt4mFa_t tie -and MAXIM _1141 W G9vere9e-requ4emen ty a194utaier asixIsi ay-dwelkng-arils- E. Setbacks. An accessory dwelling unit shall conform to the setback standards specified by Table ?-1(b), below: Table 3-1(b)- Setback Standards Ta�{d}�parlcing-Standards _Standard 8eia5ked-P.9Us !Rieder-- and --P.iiaehed opt, Regt+ire4Parking t-aeper whjehevera6-less Net -Required Repla *meRt-Parking €xisting-parking-apacesahRt RIF remeved-(in-whale ar-ifF-�aq)- te--allow--feF--01e--sreatier�ef-aR aecessoq-dwellir�}-snit-eF-juRier--aesessery dWC±11Rg-1JF11%{e g—by�aR1911fIBfl-ef-eBRVersleR fee ' EXtallpikartA PIG ed for a detached-asse&Sia"wa ee of all see6ae5y-6"GtUie.-FH " a:iall-bB-reg6Nra�far an-aesessery-dwelliRg-uri walking-distance-af-aria-kalf-mile-9f isieAe distriol, (2) ioans�abiela; ar-(4}{hb§aundarJas ef-a-permaneRt-residential-parking-pwmil-pregram, where-the-City-deer-RW r:nita{e-essd t 0 -unit- R Was mant 2 Detached ADUs Interior and Setback (1) Attached ADUs The same standard as Front for the primary dwelling unit The same standard as Property Lin, for the primary dwelling Interior Sides Rear 4feet Setbacks unit Street side 12 feet If located in front of the primary dwelling unit 10 feet If located behind the Separation from Primary Dwelling Unit primary dwelling unit Not applicable If located to the side of t3) the primary dwelling 5 feet unit If located in front of the Separation from access structure 10 fast As specified by Section If located behind the Accessory - ry 21.36.020 (Accessory Structure(s)('J structure If located structures ) to the side of the ecessory structure 6 feet exoeptiena: .(i) cornices. eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified Section 21.18.040.B. i. (2) No setback shall be required for an existing accessory structure that is converted (in whole or in part) to an accessory dwelling unit, nor for an accessory dwelling unit treated within the existing space of a pnmary dwelling unit provided that the existing side and mar setbacks are sufficient for fire safety. (J}Fxcap;-(arzacc»ss-ory-0wollinwn .s:ha4araau+-la:gar-Nraweigik-liunared-sWare�sa:ar J.naaallef Than-Nriae'�,-wkislaNtall-be saik'+ia:arNrorn-nlhar-sVucuweaerNy{o�beaxien>ika4rtwynarequireb4y u,a-nuilair�g�,r-rm{naa, Minimum living area. The minimum living area for all accessory dwelling units shall be one hundred fifty square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1. Maximum size. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred square feet, except for a unit contained within the existing space of an accessory structure, which is limited to the existing size of the accessory structure. The maximum living area for an attached or interior accessory dwelling unit shall not exceed fifty percent of the living area of the primary dwelling unit, except that a minimum allowable living area of eight hundred and fifty square feet shall be permitted. Allowable rooms. An-ac6assolv-,welling-unit-shall-be-IifRited-te-a-maximum-ef threebathreemsandthreabedroerns{dafinedasa habitable-ream-wiihanarea not -less -than -seventy -square -fee to s-desGdbed-by-California-gu4d4V-code SectieR-32g . An accessory dwelling unit shall alsecontain ne-mere-than-one kitchen facility,,aad-no more than one living room (defined as a habitable room with an area not less than one hundred twenty square feet as described by California Building Code Section 1208.1) and at least one bathroom with bathinq and sanitary facilities.-leetheFr Y square -feet -shall -be -pen ttedtfrriesa44eyare4Wty4r4aF eweuinr>-:,na.-withRutanva3deFior-walls�rom-which-windews-seuld-6acreated, 1 Parking requirement No parking spaces are required for creation of an accessory dwelling unit or junior accessory dwelling unit. Existing parking spaces that are removed (in whole or in part) to allow for the creation of an accessory dwelling unit or junior accessory dwelling unit (e.g., by demolition or conversion of a garage) are not required to be replaced 2. Parking configuration. New parking spaces that are voluntarily created to serve an accessory dwelling unit or junior accessory dwelling unit shall satisfy the standards provided by Chapter 21.28 (Parking and loading), except that such spaces may be created in any configuration on the parcel, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, subject to the following standards: a. Covered parking spaces provided within a new garage or carport shall satisfy all applicable setback, height, placement, and dimension standards. b. Uncovered parking spaces may encroach into a required front yard or street -side yard setback within an existing or proposed driveway that satisfies both the surfacing and minimum stall dimensions for a parking - space(s), unless such a configuration is determined not to be feasible based upon fire and/or life safety conditions present on the parcel. c. Tandem parking shall be limited to two parking spaces. d. Mechanical automobile parking lifts shall only be installed within a fully enclosed garage. e. Required -Uncovered narking stalls -spaces may be designed to allow vehicles to back out onto an abutting public street provided that the street is classified as "local street" by the General Plan roadway classification diagram. K. Objective Bdesign standards, The design of accessory dwelling units shall conform with the following objective design standards except as provided by Section 21 23 065 (Special Provisions for Statewide Exemption Accessory Dwellinq Units): 1. Detached accessory dwelling units. Detached accessory dwelling units larger-Th eot-hundred-square-feet-and-tallef-thaR- teen -feet, if not entirely located behind the primary dwelling unit, shall maintain the appearance of the primary dwelling unit, by using the same wall Gadding, trim detail, roofing material, building color(s), window frames/trim, and the predominant roof form and mof pitch, 2. Attached accessory dwelling units. Attached accessory dwelling units shall maintain the appearance of the primary dwelling unit, by using the same wall cladding, trim detail, roofing material, building color(s), window frames/trim, and the predominant roof form and roof pitch. 3. Interior accessory dwelling units. Interior accessory dwelling units contained within the existing space of an attached garage shall include removal of garage doors which shall be replaced with architectural features the same as those of the primary dwelling unit, including the same wall Gadding, building color(s), wainscot. and window frames that remove any appearance that the structure was originally a garage. L. Windows. All second -story windows less than eight feet from rear and interior - side property lines shall be clerestory with the bottom of the glass at least six feet above the finished floor. M. Balconies/Decks. Balconies, second -story decks, and rooftop terraces are prohibited for all accessory dwelling units. N. Entrances. All accessory dwelling units shall include exterior access that is independent from the primary dwelling unit. For an accessory dwelling unit located entirely on a second story, this shall require a separate interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created, but shall not be required by the City. O. Interior connection. Attached and interior accessory dwelling units may, but shall --- -- - — -•-.,,.:,a,.,ry and minimum stall dimensions fora ark " p s e adoption of an oMinance b e e Section 21080.17 Rear a teat � me primary dwelling space(s), unless such a configuration is determined not to be feasible '% provisions of Section accessory d.1 or Section 65852.2 of thecrGtyovemment Codemelleirtant to he Street sae °"'t based upon fire and/or life %. construction of accessory dwelling units. 72 reef safety conditions present on the parcel. _ I{ located in front o{ me c. Tandem parking shall be limited to two �separation tram "'a dwsnln vnrc parking spaces. If time d behind the to feet d. Mechanical automobile parking lifts shall only be installed within a fully WHEREAS, the City Council finds and determines that the ro primary Dwelling Unit rime dwellin and >•i ordinance would not be detrimental to the public interest, health, sale P posed interim I<) enclosed garage. general Welfare Of C P If localetl to Me side o/ Not applicable �. city and is internally safety, cenvenience, or the tiro e. &squired -Uncovered Parkin the Campbell Municipal Code. y consistent with other applicable Provisions of l ary dwelling 5 feet 9 s ells-s aces may be designed to allow unit vehicles to back out onto an abutting If located in front of the street is classified as 'local street" by theublic General Pland that the roadway l' NOW, THEREFORE,THE CITY COUNCIL OF THE CITY Separation from accesso structure classification diagram. HEREBY ORDAIN AS FOLLOWS: OF CAMPBELL DOES Accessory - If located behind the to teat As s K. Objective Bdesign standards. The design Struclure(s);=" accesso structure - Paorfied by section SECTION 1 (PURPOSE): This interim ordinance adopts u en s structures) (Accessory conform with the folNrwi °f accessory dwelling units shall s located to the side or wUures) rig objective design -� (Accessory Dwelling Units) of the Campbell Munidpa�C a for revisions Exceptions, me access. swctuto 5 teat Section 21.23.065 S designstandardsexcept asp Provided by ecial Provisions for Statewide Exemption / Senate Bill No, 897 (Wieckowski) and Assembly.(1) cornices, eaves, sins, can. Dwelling Units): Accessory Bill No. 2221 Qui k-Silva), quired setbacks and building, bay windows, .r .s a similar aol S- ion features a 1. ( rnlo re y extend Detached accessoryd SECTION 2 (APPLICABILITY), PP y separation distances as specired Section ztta.oao.e.{. ailing units. Detached accessory dwelli / is (2) No setback shall be required far an existing accessory sWUure the( is convertetl IargeF-Than"'eight-hUrle d_ / accessory dwelling units and junio atccessory dwetll ngouenitsainc ud rig such a aethat of ofa) to an accossory ewenin square -feel -and -faller -ha n9 units / created primary dwelling a unit, nor for an amessory it Gn wnole or in entirely located behind the nshall mafeet as Part of a "SB-9 ro _ g unit Provided that the existing a r unit cleated within the existing space Prima d not proposed housing development" pursuant to Chapter 21.25 } n:-r.r-ac.esso g s ,and rear setbacks are within a for fire sa{ay. appearance of the prima Primary unit. by using unit, shall maintain the (Two -Unit Housing Developments). i :: ;r .l l r >kl aihnguni, n ..ia 1 trim detail, roofing material, building colors) window frames/trimGand cladding 9 SECTION 3 (URGENCY REVISIONS): Chapter 21.23 q ` cr•iy-,-.ha exre„r+n�F may -be roqueacwy Predominant roof form and roof pitch. Campbell Municipal al (Accessory Dwelling Units) of the 2. Attached accessory dwelling units. Attached accessory dwelling units shall P Code is hereby amended as set forth. Additions are indicated by F. Minimum living area. The minimum living area for all accessory dwelling units .✓/ underlined text and deletions are indicated by strikethrou h stdkethrs maintain the appearance l the rime 9 ( shall be one hundred fifty Primary dwelling unit, by using the same Chapter 21.23 ACCESSORY D "g� text. fty square feet, subject to the restrictions specified by wall cladding, trim detail, ant roof material, robuildingf 1 Health and Safe frames/trim, and the predominant roof forth and roof pift wlor(s), window j WELLING UNITS Safety Code Section 17958 1 G. Maximum size. The maximum floor area for a detached accessory dwelling unit 3. within th existing dwelling units. Interior accessory dwelling units contained � 21.23.010 Purpose. shall be one thousand two hundred square feet, except for a unit contained wnthin the existin space of an attached . This Chapter provides for the establishment of accessory dwelling units and junior garage doors which shall be replaced with gamhttecturellfeatures the same 4 within the existing space of an acres �✓ accessory dwelling units, in compliance with Article 2 (Zoning Districts), the or isfin sory structure, which is limited to the as those of the rime / e=� size of the accessory structure. The maximum living area for an attached building color s , wa'nscoL and window frames that remove a Primary dwelling unit, including the same wall Gadding, area Government Code, and the CaliforniaBuilding Code or interior accessory dwelling unit shall not exceed fifty( ) (CBC). The u of the primary dolling unit, except that a minimum allowable living area of eight L. Windows. All second -story windowsany appearance accessory dwelling units and junior accessory dwelling units is to allow more efficient use that the structurewas originally a garage. Purpose of permitting of the City's existing housing stock and to provide the o hundred and fifty square feet shall be permitted. ,.` small rental housing units designed to meet the housing needs off individuals de and development Allowable side roe less than eight feet from rear and interior- H. Allowable rooms. gn-avice.b accessory- Property rty lines shall be clerestory with the bottom of the glass of least six while preserving the integrity of residential neighborhoods. It is not the intent of this hrsemsa{td. o-s_maximum_af feet above the finished floor. Chapters override any lawful use restrictions as may be set forth in Conditions, Sestiea-a thrgare-fe masd-denGribed / not -less -than -_seventy -square -feel -a>- hatable-r°°ns-'^'ah-an-area M. Balconies/Decks. Balconies, second-sto Covenants, and Restrictions (CC use 2208:3-)-An accessory dwelling unit sha0d-by--Califomia.�uflding-£ode prohibited for all accessory ( Ord. No. 2252. § 7, 11-19-2019) kitchen facility, and akG-contain namsre{han.one rY decks, and rooftop terraces are tY no more than one livingry dwelling units. / with an area not less than one hundred twenty m (defined as a habitable morn N. Entrances. All accessory dwelling units shall include exterior access that is 21-23.020 Minimum Standards for Eligibility. CaliforniaBuilding square feet as described b independent from the prima g' ty. Code Section 1208.1) and at least one bathroom with bathing Primary dwelling unit. For an �ccessory dwellin unit One accessory dwelling unit and one junior accesso and sanilary facilifies.�ls-other-roorus_ located entirely on a second story, this shall require a separate interior or exterior '--- er�lesefsJar�er-ihan�Re-huggreg,hy�( stairway. A passageway from the accessory dwelling unit to a public street may constructed on parcels satisfying all of the following minimum standards: 9 unit may be dweN�r�(��hal�a-peaaitfed'.unlessthsy-are{u Y be created, but shall not be required by the City. g-untt-witFtpu(ynY�Nerier-wails from- h-wiRdows-iouka-h "atss°FY A. Zoning district. q parcel located within a residential zoning district as v+hich-windews-souldy�sreater� O. Interior connection. Attached and interior accessory dwelling units may, but shall by Chapter 21.08 (Residential zoning districts) or in the p_p I. Maximum height and stories. An accessory dwelling and shall Pon not be required, fo contain an inferior doorway connection between the Primary pacified following height maximums: form with the /��• Development) Zoning District on a (Planned and accesso dwelling units. P ) g parcel with a General Plan land use - 1. Detached accessory designation that directly cortesponds to a residential zoning or mixed -use district dwelling units. Detached acts (Ordshall, fJo. 2252 as specified by Section 21.04.020, Table 2-1. be Permitted o s o two stories if the existing or Proposed Primary dwelling 21.23.040 Junio§Accessory Dwellingo. Standards f unit is also two stories. Whether one story or two stories, the building height 86, §§ 12-14, t a lord . 8-16-2022) !�` B. Dwelling unit. A parcel that is presently developed with at least one lawfully of the of the detached accessory dwelling unit shall not ex A junior accessory dwelling unit shall be constructed only on a parcel develo ed w wnstructed primary dwelling unit or that will be developed with a prima primary dwelling unit, except that a minimums aboabedrheightgof dwelling unit in conjunction with the creation of an accessory dwelling unit. For sFxteeR-ei hteen feet shall be no more than one single-family dwelling and in a P with the purposes of this Chapter, a ermined if necessa to all npihae roof itch wnh the an additional ah of the existin height deveAlopmerit standards: accordance with the following - proposed or existing detached single-family wdwelllling ltinchuslivenof (detached o�r000sed Primary dv all' „ q M,o-story detached accessory Maximum floor area. The junior accessory dwelling unit shall not exceed five small -lot sirgle-famil dwellin s,exceptfor accessory dwelling units construced g hundred square feet in area. The occupied floor area shall be on multi -family residential si propertiespursuantProperties) to Section 21.23. may consist of to levels of living area or one level of livingry dwelling Provisions for Multi -family Residential Properties). detached garage (with or without ground floor living area). area above a all floor area of a prima (Special within the C. Minimum lot area. No minimum lot area is required for creation of an accessory 2 Attached accessory dwelling units. Attached accessoryunit, as specified by Section 21 23.030ry !D (Flop area reng unit or tito end Iceotsrsro°verage� trig dwelling unit or junior accessory dwelling unit. be constructed on the first floor of, or as a second floorelolin henmay B Associated dwelling. The junior accessory constructed prima g dwelling unit shall be D. Legal parcel, q parcel which has been legally created in compliance with the accesso dwellin unit shall rich th contained above an lawful" entirely within an existing or proposed primary dwelling unit (including within an Primary dwelling unit, except that it shall not be constructed existing attached garage) or detached accessory dwelling unit, utilizim Subdivision Map Act (Government Code Section 66410 at se Y Portion of an attachedgarage. the Municipal Code (Subdivision and Land Development), as applicable at the The height of a attache q.) and TiOe 20 of exceed that s eclfied b the a livable e�llewable-three-bedroems 9-°ne-ef time the parcel was created. The City Engineer may require a cartthcate of Zoning district and/or area or neighhnrh - 3. Interior accessory dwelling units. Inferior accessory dwelling units may be Kitchen. The junior accessory compliance to verify conformance to this requirement. efficiency kitchen. ry dwelling unit shall contain a kitchen or an - created from the existing space of the lawfully constructed primary dwelling D. Bathroom. Bathroom fatalities may be separate from or shared with the primary unit, including within its garage, basement, first story, or second story, irrespective of existing buildingdwelling unit or detached accessory dwelling unit. height.