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Background
Since the early 1900’s, the Western familial structure has moved away from multi-generational living. This has brought about the need for supervised living facilities and nursing homes for the senior citizens. With people living longer and healthier lives, the financial burdens of aging first generation parents has become a concern to most families. One in three of the baby boomers generation expects to include a parent moving in with them. In most recent times, the in-law unit concept has begun resuming its practicality. Families have appreciated the many benefits the convenience brings. The inclusion of first generation parents living with the family helps financially as the income and expenses of two households can be consolidated and shared. In addition, senior citizens can continue to maintain their self-sufficiency and productivity while living within these arrangements. In-law units are a way for families to stay together and for the third generation to have the benefit of the wisdom of the first generation.
Terminology
Second family units go by a variety of names: accessory living quarters, guesthouses, in-law units, mother-in-law quarters, efficiency units, and studio apartments.
City Policy
Second family residential units, or in-law units, are allowed on single family properties in all single family residential and multiple family residential zones. The intent of City policy is to provide opportunity for the creation of small rental housing units that meet the housing needs of individuals and families, particularly those of low and moderate income. Furthermore, City policy allows more efficient use of the City's existing stock of dwellings; provides economic support for resident families of limited income; provides rental housing units for persons who are elderly or disabled; and protects property values and the integrity and character of single family neighborhoods by ensuring that second family residential units are architecturally compatible with the principle structure and neighborhood.
No public hearing is required. Requests for in-law units are ministerial permit applications in accordance with the Government Code. Meaning, the permit will be be approved if the proposed unit complies with the standards and requirements outlined in the City's ordinance.
Requirements (Abridged)
- The development of an in-law unit must meet all of the zoning standards (setbacks, height, lot coverage, etc.) in which the property is located. Meaning, no variances or exceptions from the zoning and second unit standards may be made.
- The unit may contain no more than one bedroom and 700 square feet of conditioned space.
- A one-story unit is limited to 18 feet in total height.
- If located above a garage or other accessory building, the second story must be set back at least 10 feet from the property line.
- The design must be architecturally compatible with the design of the main home.
- The unit must provide one off-street parking stall in accordance with the Parking & Loading Regulations. This is in addition to two covered parking stalls for the main home.
- The property owner must record a deed restriction stating the property owner will occupy the main home or the in-law unit.
- The unit mist comply with the number of allowable in-law units of the census tract in which the property is located.
Note: The City of Walnut Creek is not legally bound to enforce Conditions, Covenants, and Restrictions (CC&R). CC&Rs constitute a private contract between the property owner and the homeowners association (HOA). It is the responsibility of the property owner to obtain approval from the HOA or other cognizant body for the development of an in-law unit.
Fees
The development of an in-law unit require the fees associated with new construction such as structural, plumbing, electrical and mechanical permits. However, a second service connection fee may also be required by your water service district.
Online Information
Contra Costa Water District FAQ
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