The purpose of these regulations is to provide clearly stated
land use regulations and development standards that allow for the
development of accessory dwellings in compliance with applicable state
regulations and local land use policy.
These regulations are intended to encourage the development
of accessory dwellings providing for an expanded variety of housing
opportunities for all income levels while retaining compatibility
with surrounding uses and, when located within an agricultural zoning
district, promoting the continued conservation of agricultural resources.
(Ord. CS 1290 §20, 2021)
The regulations set forth in this chapter shall apply in all
R-1 (low density residential), R-2 (medium-density residential), R-3
(high-density residential, R-A (rural residential), and A-2 (general
agriculture) zoning districts. These regulations shall also apply
in all planned development (P-D) zoning districts permitting residential
uses.
A. When
located within a local agency formation commission (LAFCO) adopted
sphere of influence (SOI) of a city, accessory dwellings and junior
accessory dwellings shall be permitted consistent with any applicable
regulations of that city, provided said standards are consistent with
state law.
(Ord. CS 1290 §20, 2021)
The following general standards shall apply to accessory dwellings
permitted by this chapter:
A. Number
of Units.
1. The
total number of accessory dwellings permitted per parcel with any
existing or proposed single family dwelling shall be limited to the
following:
a. One junior accessory dwelling when located within the space of a
proposed or existing single-family dwelling subject to all general
and development standards of this chapter; and
b. One detached or attached accessory dwelling subject to all general
and development standards of this chapter.
2. The
total number of accessory dwellings permitted per parcel with any
existing two-family dwelling (duplex) or multiple dwelling shall be
limited to the following:
a. One accessory dwelling within an existing two-family or multiple
dwelling or up to twenty-five percent of the existing dwelling units,
whichever is greatest, subject to all general and development standards
of this chapter and provided that the accessory dwelling(s) is located
within the portions of the existing two-family or multiple dwelling
that are not currently used as livable space, including, but not limited
to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, if each unit complies with state building standards for dwellings;
and
b. Two detached accessory dwellings subject to all general and development
standards of this chapter.
3. Exceptions.
a. Where a parcel has a combination of single-family, two-family (duplex)
or multiple dwellings, as permitted by the applicable zoning district,
accessory dwellings shall be limited to the number permitted by subsection
(A)(2) of this section.
b. Where a parcel contains more units than are permitted by the applicable zoning district, in conformance with Chapter
21.80 of this title, the parcel shall be limited to subsection (A)(1)(a).
B. Accessory
dwellings shall meet the following criteria:
1. The maximum square footage of a new accessory dwelling shall not exceed one thousand two hundred square feet of living space, or five hundred square feet of living space for a junior accessory dwelling, except for temporary mobile homes being converted to permanent status in accordance with Chapter
21.72 of this title. Any replacement of the mobile home shall comply with the maximum square footage requirements of this chapter at the time of replacement.
2. The
accessory dwelling shall have a separate entrance and no shared living
space, or connecting interior access, with the main dwelling, unless
the unit meets the definition of a junior accessory dwelling.
3. The
accessory dwelling shall be constructed concurrent with or subsequent
to the main dwelling.
C. Location. Detached accessory dwellings shall be placed to take maximum advantage of existing facilities including utilities and driveways. New driveways may be authorized in accordance with subsection
F of this section.
1. In the A-2 zoning district, an accessory dwelling shall be located within one hundred fifty feet of the main dwelling and shall not displace any area used for agricultural crop production. Any accessory dwelling unit not meeting these location standards may be permitted by staff approval permit when, in addition to the findings required under Section
21.100.030(A) of this title, the planning director determines that the location of the accessory dwelling unit is by design accessory to the main dwelling and will not interfere with the continued agricultural use of the parcel.
D. Mobile Homes. A mobile home may be utilized in lieu of a detached accessory dwelling, provided the mobile home meets the requirements of this chapter and the eligibility and compatibility criteria included in Section
21.72.020 of this title.
E. Water Supply and Wastewater Disposal. All accessory dwellings shall comply with all applicable local and state requirements for water supply and wastewater disposal, including, but not limited to, Section
21.08.050 requirements of this title.
F. Access.
Access to the accessory dwelling shall be in conformance with adopted
County Fire Code and Public Works Standards and Specifications. Where
access does not meet current standards, including street and alley
access, access may be approved when the fire warden and the director
of public works both find that public safety will not be negatively
impacted.
G. Fire
Hazard Severity Zones. Accessory dwellings located in very high and
high fire hazard severity zones, as designated by the most current
California Department of Forestry and Fire Protections Fire Hazard
Severity Zone Maps, shall meet current Fire Code standards.
H. Williamson
Act Contracted Lands. Accessory dwellings permitted under this chapter
shall be allowed on Williamson Act Contracted Lands provided the accessory
dwelling does not interfere with the continued agricultural use of
the parcel in accordance with subsection (C)(1) of this section.
(Ord. CS 1290 §20, 2021)
Accessory dwellings developed in accordance with this chapter shall meet the development standards outlined in this section, in addition to any other applicable development standards for Title
21. Where a conflict may arise, the provisions of this section shall govern. The following development standards shall be met:
A. Height.
Maximum height shall be the same as specified for dwellings in the
applicable zoning district.
B. Setbacks.
Accessory dwellings shall comply with the setback requirements of
the applicable zoning district with the following exceptions:
1. A
minimum setback of four feet from the side and rear lot lines shall
be required for new construction.
2. No
additional setbacks shall be required when an existing, legally established,
garage or other existing residential accessory building is converted
to an accessory dwelling in accordance with the provisions of this
section.
C. Parking.
The following parking requirements shall apply to all accessory dwellings:
1. One
off-street parking space shall be required for every accessory dwelling,
except no off-street parking shall be required if any of the following
apply:
a. An existing legally constructed accessory structure, including a
garage or carport, is being converted into an accessory dwelling;
b. The accessory dwelling is located within a half mile from a public
transit stop, including, but not limited to, a bus stop or train station,
where the public may access buses, trains, subways, and other forms
of transportation that charge set fares, run on fixed routes, and
are available to the public;
c. The accessory dwelling is located in an area where on-street parking
permits are required, but not offered to the occupant of the accessory
dwelling; or
d. The accessory dwelling is located within one block of a designated
car share/commuting pick up area; or
e. The unit is a junior accessory dwelling.
2. All
required off-street parking facilities shall be developed in accordance
with the standards of the county department of public works.
D. Density.
An accessory dwelling that conforms to the requirements of this chapter
shall be deemed a residential accessory use and will not be considered
to exceed the allowable density for the parcel as established by the
Stanislaus County General Plan or this title.
(Ord. CS 1290 §20, 2021)
Before obtaining a building permit for an accessory dwelling,
the property owner shall sign, and provide the necessary recording
fees, and the county shall file with the county recorder, a restrictive
covenant acknowledging that:
A. Any
accessory dwelling cannot be sold separately from or subdivided from
the main dwelling. Any future land division shall be subject to all
applicable Stanislaus County subdivision requirements and regulations
in effect at the time a land division is proposed and may include
conversion of the accessory dwelling to a main dwelling.
B. Any
modification to the accessory dwelling shall comply with all applicable
provisions of this title for accessory dwellings, as such provisions
may be amended from time to time.
C. The
rental of the accessory dwelling shall be for a term longer than thirty
days.
D. The
limitations set by this chapter shall be binding upon any assigns,
successors in interest, personal representatives, estates, and heirs
of the owner of any property which includes accessory dwellings or
junior accessory dwellings.
(Ord. CS 1290 §20, 2021)