A.

Purpose. The purpose of this chapter is to comply with Government Code Section 66310—66342 (Accessory Dwelling Units) as amended from time to time by the state, which provides for cities to set standards for the development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the general plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single-family homes or multi-family units.

B.

This chapter is intended to implement the city's housing element of the general plan and is adopted to comply with state law (Government Code Section 66314—66339, by allowing ADUs through ministerial review in all districts zoned to allow single-family, multi-family, or mixed-uses, subject to meeting the standards prescribed below.

C.

Permitted locations. The provisions included in this chapter are applicable to all lots that: 1) are zoned to allow single-family, multi-family residential, or mixed-uses; and 2) include a proposed or existing primary dwelling.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Permit required. A building permit is required for ADUs.

B.

Review and approval—Ministerial review. A Building Permit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits within sixty (60) days of acceptance of a complete application.

1.

Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the city shall not approve or deny the ADU permit application until the city approves or denies the permit application for the new single-family dwelling unit; or the applicant requests a delay, in which case the 60-day time period shall be tolled for the period of the delay. If the city has not approved or denied the completed application for the ADU within sixty (60) days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved.

2.

Application remediation: Should the permit application to create an ADU be denied, the city shall, within sixty (60) days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

C.

ADU shall be subject to this section and under subdivision (a) of Government Code Section 66323 shall not be subject to design and development standards except for those that are noted in this chapter. ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, conditional use permit, if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

The completed building permit application, shall be submitted to the building division on an application form prepared by the building official and shall include the submittal requirements. Fees for an ADU shall be established by the city council and said fees shall be, but not limited to, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Types of accessory dwelling units.

1.

Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached ADU shall have an exterior entrance separate from the main house.

2.

Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

3.

Internal conversion ADU. An ADU may be located within areas converted to habitable space, such as:

i.

An area within an existing single-family dwelling (e.g., attached garage) and on the same lot as the existing dwelling with a separate exterior entrance; or

ii.

An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an existing single-family dwelling with a separate exterior entrance; or

iii.

Portions of existing multi-family structures that are not 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.

(Ord. No. 2023-486, § 2, 10-24-2023)

A.

Lots with a single-family dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling.

1.

One (1) attached ADU;

2.

One (1) detached ADU; and

3.

One (1) JADU (See section 17.51.120).

B.

Lots with a multi-family dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and includes a proposed or existing multi-family dwelling.

1.

Converted ADUs. Converted ADUs are allowed within portions of an existing multi-family dwelling that are not used as livable space; at least one (1) interior ADU conversion and up to twenty-five percent (25%) of the total number of dwelling units are permitted.

2.

Detached ADU(s). Not more than two (2) ADUs, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi-family residential uses and includes an existing or proposed multi-family dwelling.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Site/location requirements.

1.

Minimum lot size. ADUs that comply with this chapter shall be permitted on all legally established parcels, regardless of parcel size.

2.

Lot coverage. Not applicable.

3.

Except for ADUs approved under Government Code Section 66323, space between buildings shall be established in the applicable zone district (see sections 17.08.110 (R-1), 17.10.090 (R-2), and 17.12.090 (R-3) for standards).

B.

Size and floor area.

1.

Detached ADU. The maximum floor area of a new construction of a detached ADU is one thousand two hundred (1,200) square feet.

2.

Attached ADU. The maximum floor area of an attached ADU shall not exceed fifty percent (50%) of the floor area of the existing primary dwelling for an attached ADU or one thousand two hundred (1,200) square feet, whichever is less. These limits do not include up to one hundred fifty (150) square feet of area added to the primary dwelling for purpose of providing ingress and egress to the ADU.

C.

Height The maximum height shall be as follows:

1.

Attached ADUs. The height of the existing or multi-family dwelling or twenty-five (25) feet, whichever is lower.

2.

Detached ADUs.

i.

Sixteen (16) feet;

ii.

Eighteen (18) feet if the lot is within one-half (1/2) mile walking distance of a major transit stop or high-quality transit corridor, as defined in Public Resources Code Section 21155. The maximum height may be increased by an additional two (2) feet, to twenty (20) feet maximum, for the purpose of accommodating roof pitch with the primary dwelling;

iii.

Eighteen (18) feet if the lot has an existing or proposed multi-family, multi-story dwelling.

D.

Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the width of the utility easement(s).

1.

Front yard setbacks. All ADUs shall meet the minimum front yard setback as established in the applicable zone district, provided the setbacks do not preclude the construction of an up to eight hundred (800) square foot ADU that meets the provisions of Government Code Section 66323.

2.

Rear and side yard setbacks shall be the minimum as listed below, except where public utility easement(s) requires a greater setback:

i.

Interior side yard setbacks: Interior side yard shall be a minimum of four (4) feet.

ii.

Interior rear yard setback: Interior Rear yard setback shall be a minimum of four (4) feet for interior lots.

3.

When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks of four (4) feet from the side and rear yards, whichever is less, if the ADU is constructed in the same location and to the same dimensions as the existing structure.

i.

Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the fire and building codes.

E.

Parking requirements.

1.

One (1) parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet of the interior side yard and shall not be within six (6) feet of a corner side yard setbacks. The four (4) foot and six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at street intersections.

2.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The city code requires two (2) off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two (2) off-street parking spaces are required and when required one (1) off-street parking for the ADU. As noted, tandem parking shall not block sidewalks or public access.

3.

Exceptions. No parking shall be required for ADUs in any of the following instances:

i.

The ADU is located within one-half (½) mile walking distance of public transit.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure.

iv.

When on-street parking permits are required but not offered to the occupant(s) of the ADU.

v.

There is a car share vehicle located within one (1) block of the ADU.

vi.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot.

F.

Architectural review. ADUs shall have the same exterior finish materials and roof form as the existing or proposed single-family or multi-family dwelling on the parcel.

G.

Access and entry. Except for ADUs approved under Government Code Section 66323, an ADU shall have a separate entry from the primary residence and shall be from the side or rear yard.

H.

Density limits. All ADUs shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Availability of utilities.

1.

Utility connections. ADUs may be subject to utility connections as provided herein.

2.

Private sewage disposal system. ADUs not serviced by the city's wastewater system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance to the city building division prior to the issuance of a building permit.

B.

Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to the issuance of the building permit.

C.

Fire sprinklers. Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Sections 66314(d)(12) and 66323(c).) Please note, for ADUs created on lots with multi-family residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multi-family structure is served by fire sprinklers, the ADU can be required to install fire sprinklers. For additional guidance on ADUs and fire sprinkler system requirements, please consult the office of the state fire marshal. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers.

D.

Solar panels. New ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from nonresidential to residential space, are not subject to the Energy Code requirement to provide solar systems.

E.

Flood elevation certification. All ADUs are required to comply with chapter 15.32, Floodplain Management, when the proposed ADU is located within the FEMA Flood Hazard area which has a one percent (1%) annual chance for shallow flooding. If applicable, prior to the issuance of the building permit, compliance with subections 15.32.170(C) and (D) of the Arvin Municipal Code and prior to the issuance of the building permit, a flood certification shall be provided.

F.

Building code compliance is required for all ADUs. The building division will not issue final building permits for an ADU before approval of building permits for the primary dwelling.

G.

Kern County Fire Department Clearance shall be required prior to the issuance of a building permit for an ADU.

H.

Other code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot line adjustments, etc.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Owner occupancy shall not be required for ADUs.

B.

Rental of ADUs shall be a minimum of thirty (30) days.

C.

Separate conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 66340—66342 with affordability restrictions.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Connection fees or capacity charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable sewer connection fee in place at the time of submittal.

B.

Impact fees. Impact fees shall not be imposed on an ADU that is less than seven hundred fifty (750) square feet in size. For ADUs that are greater than seven hundred fifty (750) square feet in size, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling unit.

C.

Permit processing fee. Application fees shall be as established by resolution of the city council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state mandatory fees associated with building permits shall be required.

D.

Monthly charges for sewer and water. ADUs shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly utility fees for domestic water service.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Nonconforming conditions. Notwithstanding chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five (5) years in in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the city's building official, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1.

The ADU was built before January 1, 2020.

2.

The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

(Ord. No. 2023-486, § 2, 10-24-2023)

For purposes of this section, the following terms have the following meanings:

A.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

D.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

E.

"Local agency" means a city, county, or city and county, whether general law or chartered.

F.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

G.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

H.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I.

"Public transit" means 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.

J.

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

K.

"Impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L.

Multiple detached dwellings on a lot in the R-2, R-3, and R-4 zones: A lot where there are currently multiple detached single-family dwellings is eligible for creation of one (1) ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 66323(a)(1) and (2).)

M.

Multi-family dwelling under ADU law is as follows: For the purposes of state ADU law, a structure with two (2) or more attached dwellings on a single lot is considered a multi-family dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multi-family dwellings for the purposes of state ADU law.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Permitted one (1) junior accessory dwelling unitper lot (JADU) in single-family residential zones.

B.

A building permit shall be required for the creation of a JADU, and shall do all the following:

1.

One (1) JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2.

Require owner-occupancy in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3.

Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

i.

A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

ii.

A restriction on the size and attributes of the JADU that conforms with this section.

4.

A permitted JADU shall be constructed within the walls of proposed or existing single-family residence, including an attached garage.

5.

The JADU shall provide a separate entrance from the main entrance to the proposed or existing single- family residence. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the mail living area.

6.

The JADU shall provide an efficiency kitchen, which shall include all of the following:

i.

A cooking facility with appliances.

ii.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7.

A JADU shall not require additional parking as a condition to grant a permit.

C.

JADU shall be required to submit a building permit and pay adopted building fees relating to plan checks, building permit, inspection, including the imposition of a fee for that inspection, to determine if the JADU complies with applicable building standards.

D.

An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The city shall approve or deny a completed application to create a JADU within sixty (60) days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. Should the application to create a JADU be denied, the city shall, within sixty (60) days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

E.

Fees for a JADU shall be established by the city council and said fees shall be, but not limited to, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

F.

For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a JADU or not.

G.

For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

H.

This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a JADU.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

For purposes of this section, the following terms have the following meanings:

A.

"Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B.

"Local agency" means a city, county, or city and county, whether general law or chartered.

C.

Reserved.

D.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:

1.

17980.12. (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) [above], a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:

i.

The accessory dwelling unit was built before January 1, 2020.

ii.

The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

iii.

The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five (5) years on the basis that correcting the violation is not necessary to protect health and safety.

iv.

A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.

v.

The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the state fire marshal pursuant to Section 13146.

vi.

The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3).

2.

For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 66313.

3.

This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)