Adelanto City Zoning Code
CHAPTER 17
20 RESIDENTIAL DISTRICTS
17.20.010 Intent and Purpose
The intent of this Chapter is to create, preserve, and enhance residential areas for a wide range of housing types and lifestyles. These regulations are directed toward encouraging quality development and integrated, attractive, residential neighborhoods. Toward this end, eleven (11) residential districts are established, which includes the Mixed Use (MU) discussed in Chapter 17.50 and Airport Park (AP) discussed in Chapter 17.22. The residential districts also include Desert Living 2.5 (DL-2.5), Desert Living 5 (DL-5), Desert Living 9 (DL-9), Single Family Residential (R1-.5), Single Family Residential (R1), Single Family Residential (R-S5), Medium Density Residential (R3-8), Medium Density Residential (R-M12), High Density Residential (R3-30). For each district, the City has established a density limit, measured in gross acres. No entitlement for the maximum allowable density is granted in this Zoning Code. The actual density achieved on a development site will be based upon factors to include, but not be limited to, topography, access, availability of utilities and other infrastructure, proximity to sensitive environmental resources, availability of public services, viewshed considerations, etc.
The following residential land use districts are established in Adelanto:
(a) Desert Living (DL-2.5, DL-5, and DL-9)
The Desert Living (DL) zone district provides for the preservation of large lot residential uses. The minimum lot size is 2.5 acres. DL-2.5 permits a parcel minimum of 2.5 acres, DL-5 permits a parcel minimum of 5 acres and DL-9 permits a parcel minimum of 9 acres. In addition to the primary residential use, accessory uses include equestrian facilities, agricultural uses, and the raising of small animals. Both public and private stables, kennels, and related uses are allowed with a Conditional Use Permit if approved by the Planning Commission. Minimum lot sizes in this zoning district may be increased depending on terrain, availability of services, or other factors; if modified, the minimum lot size shall be shown on the Zoning Map.
(b) Single Family Residential (R1-.5)
The Single Family Residential (R1-.5) zone district is a single-family zone which permits residential development on very large lots, with a minimum lot size of one half (1/20) acre [maximum density two (2) units per gross acre]. Minimum lot sizes in this zoning district may be increased depending on terrain, availability of services, or other factors; if modified, the minimum lot size shall be shown on the Zoning Map.
(c) Single Family Residential (R1)
The Single Family Residential (R1) zone district is a single-family zone which permits detached residences at a density of up to four (4) units per gross acre. Minimum lot size is 7,200 square feet. Development at this density requires full urban levels of service and public improvements.
(d) Single Family Residential (R-S5)
The Single Family Residential (R-S5) zone district is a single-family zone which permits detached residences at a density of up to five (5) units per gross acre. Minimum lot size is 5,000 square feet. Development at this density requires full urban levels of service and public improvements.
(e) Medium Density Residential (R3-8)
The Medium Density Residential (R3-8) zone district permits a variety of residential development types, including single-family attached townhouses, two-story townhouses, condominiums, and low-density garden apartments. Densities may range up to eight (8) units per gross acre.
(f) Medium Density Residential (R-M12)
The Medium Density Residential (R-M12) zone district permits a variety of residential development types, including single-family attached townhouses, two-story townhouses, condominiums, and low-density garden apartments. Densities may range up to twelve (12) units per gross acre.
(g) High Density Residential (R3-30)
The High Density Residential (R3-30) zone district permits higher density residential developments that may include but is not limited to condominiums, apartments, and multi-story stacked flats. This district is intended to be located near commercial and/or services areas and transportation corridors, in order to encourage pedestrian circulation and alternate modes of travel to reduce vehicle trips. The allowable density is thirty (30) units per gross acre.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 511, Exhibit A, 3/28/12; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.020 Permitted Uses, Accessory Uses, Conditional Uses, and Temporary Uses
(a) Appendix A: Regulation of Uses by Zone District of this Zoning Code indicates the uses permitted in the residential zone districts. Residential uses represent the primary permitted uses, although other uses are allowed as accessory, conditionally permitted, and temporary uses, as indicated in Appendix A.
(b) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Chapter 17.130 (Conditional Use Permits) of this Zoning Code. Temporary uses are subject to the review requirements and conditions contained in Chapter 17.155 (Temporary Use Permit). Also, certain other uses such as churches may be subject to Special Use Standards outlined in Chapter 17.80.
(c) A Second Unit is permitted as an accessory use pursuant to Subsection 17.20.080.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 511, Exhibit A, 3/28/12; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.030 Development Standards
Table 20-1 and 20-1a indicates the development standards for all residential zone districts.
Zoning Districts
| ||||||||
Development Standard
| DL-9
| DL-2.5/ & DL-5 | R1-.5
| R1
| R-S5
| R3-8
| R-M12
| R3-30 |
Zoning Districts
| ||||||||
Development Standard
| DL-9
| DL-2.5/ & DL-5 | R1-.5
| R1
| R-S5
| R3-8
| R-M12
| R3-30 |
A. Minimum Lot Size (a) | 9.0 ac | 2.5ac/5ac | 20,000 sf | 7,200 sf | 5,000 sf | 7,200 sf | 3,500 sf | 1.0 ac |
B. Minimum Lot Width | 150 ft. | 150 ft. | 60 ft. | 60 ft. | 50 ft. | 60 ft. | 35 ft. | 150 ft. |
C. Minimum Lot Depth | 200 ft. | 150 ft. | 100 ft. | 100 ft. | 100 ft. | 100 ft. | 100 ft. | 200 ft. |
D. Maximum Lot Coverage by: Buildings | 5% | 10% | 20% | 40% | 40% | 60% | 60% | 60% |
E. Maximum Coverage In Front Yard by Impervious Surfaces | 10% | 20% | 50% | 50% | 50% | 50% | 50% | 50% |
F. Maximum Density | 1 du/ 9.0 ac | 1 du/2.5 ac 1 du/5 ac | 2 du/ac | 4 du/ac | 5 du/ac | 8 du/ac | 12 du/ac | 30 du/ac |
G. Maximum Building Height (b) (h) | 35 ft. (2 stories) | 35 ft. (2 stories) | 35 ft. (2 stories) | 35 ft. (2 stories) | 35 ft. (2 stories) | 35 ft. (2 stories) | 35 ft. (2 stories) | 40 ft.(e) |
H. Minimum Front Yard Setback (c) | 20 ft. | 20 ft. | 20 ft. | 20 ft. | 20 ft. | 20 ft. | 20 ft. | 20 ft.(f) |
I. Minimum Side Yard Setback | 5 ft. & 10ft.(d) | 5 ft. & 10 ft.(d) | 5 ft. & 10 ft.(d) | 5 ft. & 10 ft.(d) | 5 ft. & 10 ft.(d) | 5 ft. & 10 ft.(d) | 5 ft. & 10 ft.(d) | 10 ft. (f)(g) |
J. Minimum Rear Yard Setback | 25 ft. | 25 ft. | 15 ft. | 15 ft. | 15 ft. | 10 ft. | 10 ft. | 10 ft. (f)(g) |
K. Minimum Usable Private Open Space | N/A | N/A | N/A | 2,000 sf/unit | 2,000 sf/unit | 150 sf/unit | 150 sf/unit | N/A |
Abbreviations: sf = square feet; ft = feet; ac = acre; du = dwelling unit; N/A = not applicable
Notes:
(a) See Section 17.20.040(a) for further requirements.
(b) Exempt antennas as defined in this Zoning Code are exempt from height requirements.
(c) “Average setback” shall be measured for each side of each block of a street, or for all the homes on a cul-de-sac. No two (2) adjacent structures or garages may have the same setback. Changes in setback of adjacent structures or garages must be at least two (2) feet.
(d) Ten feet (10') shall be on street side where applicable, otherwise driveway side is preferred.
(e) Within one hundred (100) feet of a single-family detached residential zone, buildings shall not be more than two (2) stories and not more than thirty-five (35) feet.
(g) Where adjacent to a single-family detached residential zone, minimum street setbacks shall be twenty (20) feet, or the same as the adjacent residential structures, whichever is less.
(h) Architectural elements for Churches, such as steeples, may exceed the maximum height and shall not exceed seventy-five (75) feet.
Zoning Districts
| ||||||||
Development Standard
| DL-9
| DL-2.5/ & DL-5 | R1-.5
| R1
| R3-8
| R-S5
| R-M12
| R3-30
|
A. Maximum Building Height (a) | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. |
B. Minimum Side Setback (b) | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 0 ft./10 ft. adjacent to street or single-family residential |
C. Minimum Rear Setback | 25 ft. | 25 ft. | 5 ft. | 15 ft. | 10 ft. | 15 ft. | 10ft. | 0 ft./10 ft. adjacent to street or single-family residential |
D. Minimum Distance Between Buildings | 10 ft. | 10 ft. | 10 ft. | 10 ft. | 10 ft.(c) | 10 ft. | 10 ft.(c) | 10 ft.(c) |
Abbreviations: sf = square feet; ft = feet; ac = acre; du = dwelling unit; N/A = not applicable
Notes:
(a) Additional height may be allowable provided a two (2) foot additional setback is provided for each one (1) foot of increased height. A maximum overall height of twenty-five (25) feet is permitted for an accessory structure.
(b) The minimum street side setback is ten (10) feet. Residential accessory structures are not allowed in the front yard setback. In the R3-30 Zoning District, where adjacent to a single-family detached residential zone, minimum street setbacks shall be twenty (20) feet, or the same as the adjacent residential structures, whichever is less.
(c) The minimum distance for primary buildings within multi-family developments see Table 20-4.
(d) Residential accessory structures less than one hundred twenty (120) square feet in area shall be no closer than five (5) feet to an interior side or rear property line.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 511, Exhibit A, 3/28/12; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.040 Minimum Residential Design Standards
The following minimum standards shall apply to all residential construction projects, including manufactured housing. Additional design requirements can be found in Chapter 17.15 Design Standards of this Zoning Code.
(a) Dwelling units in the DL-9, DL-2.5/5, R1-.5, R1, R3-8, RS-5 and RM-12 districts shall have a minimum gross floor area of seven hundred fifty (750) square feet and dwelling units in the R3-30 district shall have a minimum gross floor area of six hundred (600) square feet. The minimum dwelling unit width and depth shall be twenty (20) feet measured from the exterior of the structure and excluding garages, porches, patios, eaves, cabanas, and bay windows.
(b) Siding material shall consist of stucco, wood, brick, stone, or decorative concrete block. Synthetic materials of a similar appearance and equivalent durability shall be permitted. Exterior siding shall extend to a point at or near grade. However, if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the siding need not extend below the top of the foundation.
(c) All single-family residential units are required to include tile roofing material.
(d) Utility hookups and an area shall be provided to accommodate installation of a clothes washer and dryer. The hookups and area shall be provided within the primary structure or within an enclosed accessory structure.
(e) Areas for trash receptacles and recycling containers shall be provided as required by the City of Adelanto.
(f) Mobile homes or manufactured homes placed in residential subdivisions shall be designed and built to have an appearance similar to or in conformance with the predominating architectural style of homes on the street. This shall include, but not be limited to:
• Massing • Building materials
• Roofing materials • Window and architectural treatments
• Compliance with Fire Overlay standards
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 511, Exhibit A, 3/28/12; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.050 Attached Single-Family and Multi-Family Housing - Additional Standards
(a) Open Space Requirements
(1) All attached single-family and multi-family developments with ten (10) or more dwelling units shall provide a minimum of five hundred (500) square feet of a combination of private and common usable open space per unit. Table 20-2 indicates the minimum open space dimensions for usable common and private open space areas. The City may, at its discretion, include private patios, decks, or balconies in the calculation of open space provided within a development. Required front and street side setback areas, driveways, parking areas, and walkways shall not be used to satisfy any part of the common open space requirement.
Zone and Type of Usable Open Space
| Minimum Area Per Unit
| Minimum Length
| Minimum Width
|
R3-8 1. Common 2. Private | 350 sf 150 sf | 12 ft. 10 ft. | 12 ft. 10 ft. |
R-M12 Combined Common and Private | 150 sf | 10 ft. | 10 ft. |
R3-30 Combined Common and Private (a) | 500 sf | 5 ft. | 5 ft. |
(a) Where Private Open Space is provided, it shall have a minimum of forty (40) square feet in area and a minimum dimension of five (5) feet.
(2) Required Amenities. All attached single-family and multi-family housing developments shall provide recreational amenities within the common open space. Common open space amenities shall include, but not be limited to recreational amenities such as swimming pool, picnic/barbeque area, volleyball court, passive sitting area, tot lot, children’s playground (combined age group 2-5 and age group 5-12) and indoor recreation/meeting room/fitness area. Amenities shall be provided in accordance with the following:
Number of Dwelling Units
| Number of Common Area Amenities Required
|
0 - 10 | 0 |
10 - 50 | 1 |
51 - 100 | 2 |
101 -200 | 3, including swimming pool or spa |
200+ | 4, including swimming pool and spa |
* Planning Director may determine additional amenities are required for projects that consist of 400+ units.
(b) Laundry Facilities
Laundry facilities shall be installed in each unit or a laundry room shall be installed within each building or within an enclosed accessory building located at a maximum walking distance of two hundred fifty (250) feet from the units they serve, with an appropriate ratio of machines per dwelling unit.
(c) Onsite Storage
Each dwelling unit shall be provided a minimum of seventy-five cubic feet of lockable storage space outside the unit such as at the entrance of the unit, on the balcony, within a carport or garage or other similar location outside the unit.
(d) Trash Enclosures
Trash enclosures shall be provided for any attached single-family and multi-family housing development for the temporary storage and collection of trash, rubbish, and/or garbage in accordance with all of the following requirements:
(1) Trash enclosures shall be provided at a rate of 1 bin/24 units or a double bin per 48 units.
(2) All trash enclosures shall be located for convenient access by occupants of the site and vehicular access for pick-up and disposal. Trash enclosures shall be located to provide a maximum walking distance of two hundred fifty (250) feet from the units they serve.
(3) Trash enclosures shall be enclosed by a decorative masonry wall, architecturally compatible with the main building(s). Such enclosure shall include a solid gate for bin access and a separate view obstructing pedestrian access. A trellis of non-flammable materials or heavy timbers, consistent with Fire Department requirements, shall be provided over trash enclosures which are not inside a structure.
(4) All trash enclosures visible from streets or public parking areas shall be constructed and finished to be compatible with the architectural details and decor of the primary structure(s).
(5) All trash enclosures shall be regularly cleaned and maintained.
(6) All trash containers and trash bins shall incorporate a tight-fitting lid.
(7) Trash enclosures are prohibited in the front setback, or any setback areas abutting residential zones, or properties used for residential purposes.
(e) Professional Management Required
Management by a professional management company providing full-time services for the management of rental housing facilities is required for all rental housing in a multi-family complex of ten units or more.
(f) Landscaping
Landscaping is required as specified in Chapters 17.60 and 17.15 of this Zoning Code. In addition to these requirements, multi-family developments whose driveways (entry driveways and internal circulation driveways) are located within any street-side setback and are not perpendicular to the street are required to install a 36" high hedge or decorative wall adjacent to driveways, for screening purposes.
(g) Parking Spaces
(1) Parking spaces shall be provided and located as specified in Chapters 17.65 and 17.15 of this Zoning Code. Required parking spaces can be reduced by thirty percent (30%) when seventy-five percent (75%) or more of the units within a housing development are affordable to low or very-low income levels, or as determined appropriate by the Planning Director.
(2) Where driveways and parking spaces are located adjacent to a single-family detached residential zone, driveways and parking spaces shall have a landscaped setback from the property line a minimum of ten (10) feet and a block wall or solid fence, a minimum of six (6) feet in height, shall be provided adjacent to the property line.
(h) Required Building Separation for Primary Buildings within Attached Single-Family and Multi-Family Developments
The building separation requirements outlined in Table 20-3 shall apply to any lot containing two or more dwelling units located in separate, detached structures. The required separations shall be between opposite exterior walls of any buildings containing dwelling units. In the event that more stringent requirements are imposed by the Uniform Building Code or the Fire Department, the more stringent regulations shall apply.
Height of Building1 | Minimum Required Separation |
Less than 25 ft. | 10 ft. |
25 to 40 ft. | 20 ft. |
1. Where buildings of different heights are adjacent, the standard for the taller building shall apply.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 511, Exhibit A, 3/28/12; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.060 Mobilehome Parks
(a) Purpose
The purpose of this Section is to provide regulations for the location, design, and improvement of mobilehome parks, as defined by Section 18214 of the Health and Safety Code.
(b) Other Regulations
The provisions of the Mobilehome Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development are hereby adopted as a part of this Section. It shall be the duty of the County Department of Environmental Health Services to enforce all of the provisions of said Act pertaining to the construction, alteration, or modification of all manufactured dwelling units within mobile home parks. Construction only of all other structures shall be subject to the review and approval of the Planning Department and the Building and Safety Division. It shall be the duty of the County Department of Environmental Health Services to enforce all the provisions pertaining to permits for the operation, maintenance, use, occupancy, sanitation, and safety of all mobilehome parks.
(c) Establishment of Mobilehome Parks
(1) A Conditional Use Permit (CUP) application shall be filed pursuant to the requirements of Chapter 17.130. Each CUP application filed pursuant to this Section shall be in compliance with the General Plan, Specific Plan, and any adopted amendment(s) thereto.
(2) Each map or plan completed for the CUP application shall be prepared by an architect, professional engineer, or other person qualified to do such work. The map shall be drawn at a scale of one inch (1") equals fifty feet (50') or less. Information required shall be as specified by the CUP application packet.
(d) Standards of Design and Improvements
(1) Minimum Areas - Manufactured housing parks shall be developed on a parcel of land at least ten (10) acres in area.
(2) Drainage and Flood Hazard - The park shall be located on a well-drained site, properly graded to provide for adequate runoff. The site shall be free of flood hazard from external sources. The Planning Director may require dedications and improvements which will ensure proper protection of the park in accordance with this Section.
(3) Streets and Highways - Dedications and improvements on streets and highways abutting the proposed park are required in accordance with the Circulation Element of the General Plan and established widths of local and collector streets.
(4) Lot/Space Area and Dimensions - Each lot or space shall contain a minimum area of three thousand five hundred (3,500) square feet with a minimum width of forty feet (40') fronting on a driveway and a minimum depth of seventy feet (70'). However, the following exceptions shall apply:
A. Lots larger than the above minimum sizes may be required where it is determined that increased lot size will be consistent with the general pattern established by manufactured housing parks in the vicinity, or be necessary to accommodate manufactured home sizes proposed by the CUP.
B. Lots on curved driveways or cul-de-sacs, where lot lines are either converging or diverging from the front to the rear of the lot, shall have an average width at least thirty feet (30'), but in no case shall the frontage on a driveway be less than twenty-five feet (25').
(5) Distance Between Units - Mobilehomes shall be spaced in accordance with the requirements of Title 25 of the California Code of Regulations.
(6) Lot Coverage - Maximum lot coverage shall be as specified in Title 25 of the California Code of Regulations.
(7) Required Perimeter Landscaping - A landscaped parkway of at least twenty feet (20') in width shall be provided along the entire perimeter of each mobilehome park where the park is adjacent to a public roadway.
(8) Private Roads Within a Park - Roads within parks shall be designed to provide reasonable and convenient traffic circulation and shall meet the following minimum standards:
A. No road shall be less than thirty-three feet (33') wide if car parking is permitted on one side of the road, and not less than forty-one feet (41') wide if car parking is permitted on both sides.
B. The entire width of the roads within manufactured housing parks shall be surfaced with a minimum of two inch (2") thick asphalt, concrete, plant mix, or other approved material.
(10) Walkways - Walkways shall be provided to permit reasonably direct access to all lots, service buildings, and other areas or buildings used by occupants of the manufactured homes. Collector walkways serving utility buildings, playgrounds, and other general areas shall be four feet (4') wide or more, and individual entrance walks to each manufactured home site shall be at least two feet (2') wide. All walkways shall be constructed of asphalt, concrete, or other approved materials which will permit all-weather pedestrian movement.
(11) Vehicle Storage - Common storage areas shall be provided for the residents of the park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than fifty (50) square feet for each lot. All storage on a lot shall be in accordance with the provisions of Title 25 of the California Code of Regulations.
(e) Subdivisions of Mobilehome Parks
Subdivision of mobilehome parks shall comply with all appropriate design standards established by this Section and all applicable State and City subdivision requirements.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.070 Residential Condominium Conversions
(a) Purpose and Intent
This Section provides standards and criteria for converting multi-family dwellings, including dwelling units in a rental manufactured housing park, to residential condominium, stock cooperative, and community apartment types of ownership. The standards and criteria promote the retention of affordable housing and promote design quality.
(b) Standards
The conversion shall be designed to comply with all applicable development standards of the zoning district in which it is located. In addition, the following standards shall apply:
(1) Conversion projects shall provide high quality urban design by the provision of architectural enhancement, high quality landscaping, and high quality construction.
(2) Privacy between residential units shall be enhanced through urban design, insulation, and other means.
(3) An individual gas and/or electrical metering system shall be provided for each dwelling unit.
(4) Where individual trash and recycling pick-up is not provided, common trash and recycling storage shall be provided within a totally walled structure six feet (6') in height. The enclosure or enclosures shall be located within two hundred feet (200') of all dwelling units.
(5) Conversion requires approval of a Tentative Tract or Parcel Map pursuant to the requirements of Adelanto Municipal Code. The application for conversion must also include the following additional information:
A. A detailed report by licensed certified professionals describing the condition of all structural, electrical, plumbing, and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvement, if any, in a form acceptable to the City.
B. A complete and current mailing list and two (2) sets of addressed stamped envelopes of all tenants occupying the subject property as specified by the Planning Department shall be submitted and utilized to provide notice of the public hearing for consideration of the application for conversion.
(c) Tenant Provisions
Each application for conversion shall include assurance that the following provisions of the Government Code will be or have been satisfied: Government Code Sections 66452.8, 66452.9, 66427.1, and any other requirements of the applicable law requiring that tenants or potential tenants receive notice regarding conversion.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.080 Accessory Dwelling Units and Junior Accessory Dwelling Units
(a) Purpose
The purpose of this section is to establish regulations and procedures for reviewing permitting Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with California Government Code Sections 65852.2 and 65852.22, or any successor statute.
(b) Definitions
Accessory Dwelling Unit (ADU) - A dwelling unit that is either attached to, detached from, or contained within the principal dwelling unit located or proposed on a site zoned for residential use.
Accessory Structure - A structure that is located on the same lot as the primary dwelling. An accessory structure may be either attached or detached from the primary dwelling and must have a use that is incidental to the main use. Examples of residential accessory uses include, but are not limited to, storage sheds, garages, studios.
Attached ADU - An accessory dwelling unit created by new construction that is attached to the primary dwelling unit by a shared wall, floor, or ceiling. Attached ADUs cannot be constructed in a multi-family project.
By-right - Zoning allows development to proceed without the need for a discretionary permit including but not limited to a conditional use permit, variance, or zoning amendment.
Car Share Vehicle - Car sharing organizations offer members use of cars on a short-term basis.
Converted ADU - An accessory dwelling unit created by the conversion of existing floor area within either the primary dwelling unit or an accessory structure or by total replacement of an existing accessory structure with an ADU.
Detached ADU - An accessory dwelling unit located on the same parcel and is created by new construction that is detached, or separate from, the primary dwelling unit. Detached ADUs may be constructed on single-family parcels or multi-family properties.
Efficiency Kitchen - For purposes of establishing a JADU, an efficiency kitchen shall be defined as area that shall include a sink, food preparation counter and food storage area. A plug-in food preparation, such as a microwave or hot plate, may also be provided.
Existing Building Envelope - The existing walls and roofs of a dwelling that separate interior space for exterior space. A space enclosed by at least two (2) walls and a roof is within the existing building envelope.
Junior Accessory Dwelling Unit (JADU) - A dwelling unit accessory to and entirely contained within an existing or proposed single-family dwelling. A JADU may have a bathroom or may share a bathroom with the primary dwelling unit.
Kitchen - An area that includes a cooking appliance, sink, refrigerator and food preparation and storage area.
Minor Variance - Defined in Adelanto Municipal Code Section 17.140, a minor variance to specific development standards may be approved by the Development Services Director.
Multi-family Dwelling - An existing building that contains more than one dwelling unit and is located within a zoning district that allows multi-family dwellings.
Primary Dwelling Unit - May be any of the following: an existing single-family dwelling, a proposed single-family dwelling, or an existing multi-family structure.
Proposed Dwelling - A dwelling that has applied for a permit and that meets the requirements for permitting.
Public Transit - A location, 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.
Tandem Parking - When two (2) or more vehicles are parked lined up one behind the other.
Underlying Zoning - The zoning district in which a parcel is located on the City of Adelanto Zoning Map or within a specific plan.
(c) Applicability
Any construction, establishment, alteration, enlargement, or modification of an ADU or a JADU shall comply with the requirements of this chapter and the City’s building and fire codes. An ADU or JADU shall be deemed:
(1) Consistent with the general plan designation and zoning for the parcel on which the ADU or JADU is located.
(2) Within the allowable density for the parcel on which the ADU or JADU is located.
(d) Review Authority
(1) Building Permit Approval; Compliance with Underlying Zoning. ADUs and JADUs that meet the applicable development standards described in this chapter and the requirements of the underlying zoning shall be approved by building permit review.
(2) Minor Variance Approval. An ADU that exceed the maximum height standards may be permitted subject to approval of a minor variance if the proposed unit meets the standards outlined in Chapter 17.140 and it can be demonstrated that the proposed ADU is designed so that it does not negatively impact the neighboring properties.
(3) Ministerial Review. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing.
(4) Timelines. The City shall act on an application to create an ADU or JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU unit or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or Junior ADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved.
(e) Location
(1) ADUs and JADUs are permitted on sites that have a proposed or existing primary dwelling unit and with underlying zoning that allow single-family homes by-right or conditional use.
(2) ADUs are permitted on sites that have a proposed or existing multi-family residences and with underlying zoning districts that allow multi-family homes by-right.
(3) JADUs are not permitted on sites where a portion of the primary dwelling has been converted to an ADU.
(4) JADUs are not permitted on sites with multi-family projects.
(f) Development Standards for All ADUs
Except as modified by this Chapter, all ADUs shall conform to the requirements of the underlying residential zoning district and the Zoning Code in addition to the standards listed below. JADUs shall also be subject to these standards.
(1) Minimum Lot Area. Shall be determined by the underlying zoning as long as it does not prohibit construction of an ADU or JADU as described in this Section 17.20.080.
(2) Building Height. Shall not exceed sixteen (16) feet unless the proposed ADU is within the existing building envelope or permitted by minor variance approval.
(3) Minimum Unit Size. Must have a minimum of one hundred fifty (150) square feet floor area as provided in Health and Safety Code Section 17958.1.
(4) Setbacks.
a. Front yard. Determined by underlying zone.
b. Side and Rear yards. Minimum four (4) feet or underlying zone, whichever is less.
c. When a property is adjacent to an alley, the side or rear yard setback may be reduced with a minor variance approval.
(5) Architectural Design. The architectural design of the ADU shall be compatible with the architectural style and materials used in the primary dwelling.
(6) Exterior Entrance. All units must have an entrance separate from the primary dwelling entrance.
(7) Garage Doors. When garages are converted to ADUs or JADUs the garage door for vehicles must be replaced with a wall that matches the existing architecture.
(8) Bathroom. A separate bathroom is required.
(9) Kitchen. A kitchen area is required.
(10) Fire Sprinklers. Fire sprinklers are required when the primary dwelling unit has fire sprinklers.
(11) Underlying Zoning Standards. Lot coverage, distance requirements between structures and other standards established by the underlying zoning may be applied so long as the application of the requirements do not prohibit construction of an ADU with a floor area that is eight hundred (800) square feet or less, or a peak height above grade that is no more than sixteen (16) feet, or with side and rear yard setbacks that are no less than four (4) feet.
(12) No passageway shall be required between the primary dwelling and the ADU or JADU.
(g) Specific Development Standards for Single-Family - Attached ADUs
In addition to the development standards outlined in Section 17.20.080(f), attached ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of Units on a Site. No more than one (1) primary dwelling unit and one (1) attached ADU are permitted.
(3) Maximum Unit Size. The attached ADU shall have an area no more than fifty percent (50%) of the floor area in the primary dwelling.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(4) Parking Requirements. Except as provided in Section 17.20.080(l), one (1) parking space shall be required.
(h) Specific Development Standards for Single-Family - Detached ADUs
In addition to the development standards outlined in Section 17.20.080(f), detached ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of Units on a Site. No more than one (1) primary dwelling unit, one detached ADU and one JADU are permitted.
(3) Maximum Unit Size.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(4) Parking Requirements. Except as provided in Section 17.20.080(l), one (1) parking space shall be required.
(i) Specific Development Standards for Single-Family - Converted ADUs
In addition to the development standards outlined in Section 17.20.080(f), converted ADUs shall comply with the following standards.
(1) Zoning. ADUs and JADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of Units on a Site. No more than one (1) primary dwelling unit and one (1) converted ADU. No JADUs are permitted.
(3) Maximum Unit Size. The attached ADU shall have an area no more than fifty percent (50%) of the floor area in the primary dwelling.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(4) Building Envelope. The converted ADU must be constructed within the existing floor area of the primary dwelling.
(5) Additional Floor Area. Building envelope may be increased by up to one hundred fifty (150) square feet to accommodate a new entrance to the converted ADU.
(6) Parking Requirements
a. Primary Dwelling. When a garage is converted to an ADU, the parking for the primary dwelling does not have to be replaced.
b. ADU. None.
(j) Specific Development Standards for JADUs
In addition to the development standards outlined in Section 17.20.080(f), JADUs shall comply with the following standards.
(1) Zoning. JADUs are allowed in any zoning that permits a single-family residence by-right.
(2) Maximum Number of JADUs on a Site. One (1).
(3) Maximum Unit Size. The maximum floor area of a JADU shall not exceed five hundred (500) square feet.
(4) Building Envelope. The JADU must be constructed within the existing building envelope of the primary dwelling.
(5) Additional Floor Area. Building envelope may be increased by up to one hundred fifty (150) square feet to accommodate a new entrance to the JADU.
(6) Exterior Entrance. JADU must have an entrance separate from the primary dwelling entrance.
(7) Parking Requirements. None.
(k) Specific Development Standards for ADUs in Multi-Family Sites
In addition to the development standards outlined in Section 17.20.080(f), multi-family ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed on residential and mixed use zoned properties with existing or proposed multi-family dwellings.
(2) Maximum Number of Units
a. Converted units - at least one (1) and no more than twenty-five percent (25%) of the existing number of units.
b. Detached units - two (2).
(3) Location
a. Site must have an existing or proposed multi-family structure; and
b. ADUs must be located within portions of the structure that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, and garages.
(4) Multi-Family Sites. The number of new multi-family units permitted in a multi-family project shall not exceed twenty-five percent (25%) of the existing multi-family units and shall be calculated in the following manner:
a. Previously approved ADUs shall not count towards the existing multi-family dwellings;
b. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) ADU shall be permitted; and
c. Multi-family projects approved and built as a single complex shall be considered one lot, regardless of the number of parcels or buildings.
(5) Maximum Unit Size.
a. Studios and one (1)-bedroom units - eight hundred fifty (850) square feet.
b. More than one (1)-bedroom units - one thousand (1,000) square feet.
(6) Type of ADUs
a. Permitted. Converted or detached ADUs.
b. Prohibited. Attached ADUs and JADUs.
(7) Parking Requirements. Except as provided in Section 17.20.080(l), the parking requirements shall be as follows:
a. Converted units - none.
b. Detached units - one (1) per ADU.
(l) Parking Standards
(1) Parking Requirements. Parking shall comply with Section 17.65.040, except as modified by the requirements of this Chapter.
a. Unless the requirement is exempted or waived by other provisions of this Chapter, each ADU shall have one (1) designated off-street parking space.
b. Tandem parking and parking within the rear and side yard setbacks are permitted unless findings can be made by City staff demonstrating that the design or location would create dangerous life or fire safety conditions.
c. When a garage or carport is demolished or converted to an ADU, replacement parking is not required.
(2) Parking Not Required. ADUs do not need to provide parking when one (1) of the following standards is met.
a. The property is within one-half (1/2) mile walking distance of public transit.
b. The ADU is within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a carshare vehicle located within one (1) block of the ADU.
(m) Operational Requirements for All ADUs and JADUs
(1) No Separate Conveyance
a. Single-Family ADUs and JADUs. Except as otherwise provided in Government Code Section 65852.26, an ADU or JADU may be rented separate from the primary dwelling, but may not be sold or otherwise conveyed separately from the lot and the primary dwelling multi-family ADUs. Except as otherwise provided in Government Code Section 65852.26, an ADU or JADU may be rented separate from the primary dwelling, but may not be sold or otherwise conveyed separately from the lot and the primary dwelling.
(2) Short-Term Lodging. An ADU or JADU permitted by this Chapter shall not be rented for periods of thirty (30) days or less.
(3) Deed Restriction and Recordation. Prior to issuance of a building and/or grading permit for an ADU, the property owner shall record a deed restriction with the County Recorder’s office, the form and content of which is satisfactory to the City Attorney. This deed restriction shall remain in effect so long as the ADU and/or JADU remains on the lot. The deed restriction document shall notify future owners of the following:
a. Prohibition on the separate conveyance of the property, except as otherwise provided in Government Code Section 65852.26;
b. Approved size and attributes of the units or units; and
c. Restrictions on short-term rentals.
(n) Development Impact Fees
(1) Single-Family ADUs. ADUs up to seven hundred fifty (750) square feet are exempt from impact fees. ADUs that are seven hundred fifty (750) square feet or larger shall be subject to impact fees that are proportional in size (by square foot) to those for the primary dwelling unit and in all cases the impact fee must be less than the primary dwelling unit, per Government Code Section 65852.2, subsection (f)(3) as may be amended. Proportionate in size means the square foot amount that corresponds to the total square foot amount of the primary dwelling unit (for example, a two thousand (2,000) square foot primary dwelling with a proposed one thousand (1,000) square foot ADU would result in fifty percent (50%) of the impact fee that would be charged for a new primary dwelling on the same site).
(2) Multi-Family ADUs. For ADUs that are seven hundred fifty (750) square foot or larger on a lot with a multi-family dwelling, the proportionality share of impact fees shall be based on the average square footage of the units within that multi-family dwelling structure.
[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15; Ord. No. 627, Exhibit C, 6/22/22.]
17.20.090 Outdoor Storage
The outdoor storage of boats, travel trailers, and other recreational vehicles on residential lots shall be permitted subject to the following:
(a) The outdoor storage of boats, travel trailers, and other recreational vehicles is permitted on residential lots provided that:
(1) Sufficient distance, as required by the Uniform Building Code, is provided between the vehicle/object and any inhabited building,
(2) Vehicles are subject to the requirements contained in Section 17.65.040(b) of this Code.
(b) Portable, semi-permanent, or permanent covers used to protect boats, travel trailers, or recreational vehicles from the sun and weather may be used, provided that:
(1) Such structures are located entirely behind the front setback line of the lot.
(2) They are located behind a solid type fence/wall concealing them from view from the right-of-way.
(3) Sufficient distance, as required by the Uniform Building Code, is provided between the structure and any inhabited building.
(4) The boat, trailer, or vehicle under the cover is parked consistent with the requirements of Section 17.65.040(b) of this Zoning Code.
(5) The cover is maintained in good repair.
(c) One (1) such cover may be used for each 7,200 square feet of lot area, with a maximum of two (2) covers per lot.
[Ord. No. 470, Section 5, 11/14/07; Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit F, 5/22/13; Ord. No. 528, Exhibit G, 9/10/14; Ord. No. 535, Exhibit B, 5/27/15.]
17.20.100 Supportive and Transitional Housing Facilities
(a) In accordance with section 65583 of the California Government Code, transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
[Ord. No. 535, Exhibit B, 5/27/15.]
17.20.110 Emergency Shelters
(a) An emergency shelter may include general office activities and provide for services such as, donations, mail reception, referral services, job placement services, worship, bible study, group meetings and clothing assistance.
(b) The maximum length of stay for a resident of an emergency shelter shall be six months.
(c) An emergency shelter shall be a minimum of 1,000 feet from a nursing home, school, Public Park, assembly facility or another emergency shelter.
(d) Off-street parking shall be provided at the ratio of one on-site parking space for every ten adult beds, plus one additional space for the on-site manager. No client shall sleep or live within a motor vehicle on the shelter property at any time.
(e) All shelters shall meet and comply with all Local, County and State Health and Safety codes and laws such as, but not limited to, the California Building Code, the California Fire Code and the San Bernardino County Division of Environmental Health Services.
(f) Prior to occupancy, a shelter must be inspected to ensure all standards are met. No facility may operate unless all requirements are satisfied.
(g) Any outdoor or indoor event not specifically permitted with a shelter shall require review and approval of a Temporary Use Permit by the Planning Department Subject to the discretion of the Director or Designee.
(h) Yard sales are limited to three consecutive days and up to four times per calendar year. Car washes are limited to one day and up to four times per calendar year. Both events must have all applicable permits approved and all fees paid.
(i) There shall be no outdoor storage permitted, including but not limited to clothes lines and shopping carts.
(j) Loitering or panhandling at or near shelters is prohibited, including but not limited to, businesses, sidewalks, parking lots, public parks, right-of-way or other private properties.
(k) The intake or gathering of for meals, temporary uses or events shall occur in an enclosed or screened area and the queuing of any individuals shall not be visible from the right-of-way.
(l) On-site personnel shall be provided during all hours of operation and a designated area shall be maintained for such personnel near the main entry of the facility.
(m) Each shelter must designate and maintain set hours of operation for intake and discharge and must clearly display the hours of operation at the entrance.
(n) A shelter shall not admit any person who is wanted by the police or has been convicted of a violent crime. The operator shall conduct a background check using the Megan’s Law database and restrict client intake in accordance with state sex offender residency restrictions.
(o) Each shelter shall submit, on a monthly basis, the names and number of homeless personnel to the Sheriffs Department.
(p) Emergency shelters shall provide a detailed security plan for review and approval to the Planning Department prior to operation. Any violation of the approved security plan shall be grounds for the revocation of the business and/or occupancy license.
(q) A restroom facility shall be provided for every twenty clients residing at the shelter. Separate and secured areas shall be provided for both men and women for sleeping, showering and restroom facilities. The shelter manager shall be responsible for ensuring that all restroom and showering facilities comply with City and State building Codes.
(r) All shelters must obtain a business license and an occupancy permit from the Planning Department.
(s) Any food service or on-site meal preparation areas shall comply with all applicable City of Adelanto and San Bernardino County Division of Environmental Health Services requirements.
[Ord. No. 535, Exhibit B, 5/27/15.]