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16.86.080 <br />colors and style as the exterior of the primary dwelling, including roof materials and pitch, <br />eaves, windows, accents, distinctive features, and character defining elements. <br />2. Detached Unit: The design of a detached Accessory Dwelling Unit shall be <br />subordinate to the primary dwelling in terms of massing, height and building footprint. The <br />detached building shall exhibit residential character and complement the primary dwelling <br />in terms of proportions, roof form, and basic architectural features. <br />a. Window Placement. Any detached two story or detached second <br />story Accessory Dwelling Unit shall be designed so that no second story window <br />faces the narrow side yard setback for such unit. This design standard is intended <br />to minimize direct views to adjacent neighboring properties to preserve privacy. <br />3. Utilities. Unless constructed with a new single-family home, an attached <br />Accessory Dwelling Unit shall not be required to have a separate utility connection <br />between the Unit and the utility. Subject to his or her discretion, the Planning Director <br />may require a new or separate water and sewage connection to a detached Accessory <br />Dwelling Unit. All new utilities for detached Accessory Dwelling Units shall be installed <br />underground. All utilities, including water, sewer, electric and gas, etc., shall be limited <br />to one service. Noise generating equipment/devices (i.e., compressors, air conditioning <br />units, etc.) shall not be located within the rear (excepting units on lots with alley access) <br />or side yard adjacent to adjoining property line. <br />K. Owner OccupancX. Starting January 1, 2025, for all Accessory Dwelling Units <br />constructed after that date, the property owner shall reside in either the primary residential <br />unit or the Accessory Dwelling Unit on the property. If neither unit is owner -occupied, <br />then the use of the property shall revert to a single-family occupancy. However, <br />governmental agencies, land trusts, or housing corporations owning properties shall be <br />exempt from this owner -occupancy requirement; and <br />1. Nothing in this section shall be construed to prohibit one or both of the units <br />remaining vacant. This owner -occupancy requirement may be temporarily waived <br />for a period of not more than one (1) year if the Planning Commission finds that <br />the owner has an unavoidable reason for absence and if the owner appoints in <br />writing another person to occupy and take responsibility for maintaining the <br />property. All properties approved for Accessory Dwelling Units and Junior <br />Accessory Dwelling Units must be maintained at a level consistent with the <br />neighborhood in which it is located. <br />L. Deed Restriction: Prior to obtaining a building permit for an accessory dwelling <br />unit, the property owner shall file with the San Joaquin County Recorder a Deed Restriction <br />which has been approved by the City Attorney as to its form and content as set forth in <br />section 16.86.080 of this code. <br />16.86.060 Parking Standards. <br />The parking requirement for an Accessory Dwelling Unit shall be one off-street parking space per <br />unit. This space shall comply with all requirements set forth in Chapter 16.144 Parking and <br />Loading. Notwithstanding Chapter 16.144, this space may be provided as tandem parking, <br />including on an existing driveway or in a side or rear yard area, unless specific findings are made <br />by the Community Development Director that parking in setback areas or tandem parking is not <br />feasible based upon fire and life safety conditions. <br />5 <br />