Firebaugh City Zoning Code
§ 25-41.9
Accessory Dwelling Units.
[Amended 12-19-2022 by Ord. No. 22-05; 4-7-2025 by Ord. No. 25-02]
a.
Purpose and intent. This section is intended to meet the requirements of State law in providing for Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs") as required by and in compliance with Government Code Section 66310 through 66342, (as the Government Code may be amended from time to time). The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Section 66310 through 66342. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirement or standard does not conflict with the requirements and standards provided in Government Code Section 66310 through 66342.
b.
Determinations: ADUs and JADUs are residential uses. ADUs and JADUs that comply with this section are considered accessory uses and accessory buildings and therefore do not exceed the allowable density for the lots upon which ADUs and JADUs are located. ADUs and JADUs that comply with this section are considered to be consistent with the general plan and zoning designations for the lot. ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City's Housing Element.
c.
Standards: ADUs and JADUs are subject to the normal requirements of the zoning district where the ADU and/or JADU will be constructed. Unless otherwise stated in this section, the requirements and standards of the Zoning Code (Chapter 25) and the Building and Housing Code (Chapter 8) that apply to the lot and the primary dwelling shall apply to any ADU and/or JADU, including parking, height, setback, open space, landscape, and architectural review, and the requirements and standards that apply to detached dwellings and accessory structures generally.
All ADUs and/or JADUs shall be established and maintained in conformity with the following standards:
1.
Zoning: ADUs and JADUs are allowed on single-family and multi-family lots in all residential zoning districts, including all zones where residential uses are permitted. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed. Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 63314 through 66332 of the Government Code, is void and unenforceable.
2.
Construction of ADUs/JADUs: ADUs may be constructed within or as an addition to an existing or proposed single-family residential dwelling unit, or as a separate free-standing accessory structure, or converted from an existing accessory structure. JADUs may be constructed within an existing or proposed single-family residential dwelling unit, provided the JADU has a separate entrance from the existing residence. ADUs and JADUs must be constructed consistent with development standards of the zone in which the unit is located, and with the requirements of this subsection. JADUs shall include a separate bathroom from the main residence, or access into the main structure containing a bathroom that is not from the main entrance as described in Government Code Section 66333(e)(2). JADUs shall include a cooking facility with appliances, a food preparation counter and cabinetry that are of a reasonable size for food preparation, pursuant to Government Code Section 66333(f). ADUs may be site-built structures, or converted from existing structures, or manufactured homes as defined by Section 18007 of the Health and Safety Code. Mobile homes, trailers and recreational vehicles are not permitted to be used as ADUs.
3.
Number of Units:
(a)
One ADU and one JADU are allowed per single family residential lot.
(b)
Lots with existing multifamily dwellings may construct up to eight detached ADUs, however, the number of accessory dwelling units shall not exceed the number of existing units on the lot,
(c)
Lots with existing multifamily dwellings may construct up to 25% of the number of existing multifamily dwelling units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) within an existing multifamily dwelling.
(d)
On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units are permitted.
4.
Yards: An ADU shall comply with yard requirements of the subject zone, except that a setback of four feet from the side and rear lot lines is permitted for a detached ADU.
5.
Space between buildings: An ADU shall be located no closer than 10 feet to any other residential building on the same parcel, and not less than six feet from any accessory building.
6.
Building height:
(a)
ADUs shall be limited to one story and 16 feet in height for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit.
(b)
ADUs shall be limited to a height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(c)
ADUs shall be limited to height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
7.
Unit size: For detached ADUs the following size restrictions apply:
(a)
One-bedroom unit: Unit may contain up to 850 square feet of floor area, maximum.
(b)
Two-bedroom unit: Unit may contain up to 1,000 square feet of floor area, maximum.
(c)
More than two bedrooms: Unit may contain up to 1,200 square feet of floor area, maximum.
(1)
For attached ADUs the maximum permitted size is 50% of the floor area of the primary dwelling unit, up to 800 square feet, maximum.
(2)
Notwithstanding the foregoing standards, an ADU (whether detached or attached) shall not be less than 220 square feet in size.
(3)
For a JADU the maximum permitted size is 500 square feet of floor area. Further, a JADU shall not be less than 220 square feet in size.
8.
Parking: There shall be one paved on-site parking space for an ADU, except as allowed by Government Code Section 66322. Parking is not required for JADUs pursuant to Government Code Section 66334. The required parking space shall be a minimum of nine feet wide and 20 feet deep and constructed to City standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the ADU may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate an ADU, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two parking spaces side by side; however, said parking space may be located within required side or rear yards.
9.
Architectural appearance: The ADU design shall match that of the primary dwelling unit in terms of siding materials and color, window types, roofing pitch and materials. If attached to the primary dwelling unit, an ADU shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.
10.
Building Code: An ADU unit shall be subject to all applicable building, fire, health and safety codes.
11.
Occupancy:
(a)
A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy is issued for an ADU or JADU on the lot. Owner-occupancy is not required for ADUs. Owner-occupancy is required for a single-family residence with a JADU. The owner of the subject property at the time of the application for a JADU and all future owners of the property shall reside in the single-family residence or JADU. A covenant, in a form approved by the City Attorney, running with the land between the City and the applicant shall be recorded with the Fresno County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed JADU shall be occupied by the owner of the property.
(b)
An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence (in the case of a single family lot), or from the lot and all of the dwellings (in the case of a multiple dwelling lot), except when built by a qualified nonprofit corporation, as authorized by Government Code Section 66341. Rentals of ADUs and/or JADUs must be for at least 30 days.
12.
Access: In order to preclude the appearance of a duplex unit, access to ADUs and JADUs shall be by an exterior doorway located on the side or rear of the ADU or JADU. In no case shall the entrance be visible from a public street right-of-way.
13.
Utilities: Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the ADU/JADU, as determined by the City Engineer. The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water.
14.
Existing dwellings: Property owners of an unpermitted ADUs and JADUs as described in Government Code Section 66331 built before January 1, 2020, may apply for a permit, and any necessary permits in order to correct non-compliance, and shall not be penalized for non-compliance for the unpermitted structure pursuant to Government Code Section 66332.
15.
Connection, Impact, and other Fees:
(a)
Except as provided in Government Code Section 66313, ADUs and JADUs are subject to all fees and assessments required by the Municipal Code for new residential construction, including connection fees, capacity charges, and impact fees.
(b)
An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.
16.
Exceptions:
(a)
All of the standards provided in this section may be relaxed or waived in order to allow construction of an attached or detached ADU that is not more than 800 square feet and not more than 16 feet in height with at least four-foot side and rear yard setbacks, provided that the ADU is constructed in compliance with all Fire and Building and Housing Code requirements and standards of the Zoning Code. (See Government Code Section 66321.)
(b)
ADUs and/or JADUs described in Government Code Section 66323 shall be permitted.
17.
Permit process:
(a)
The applicant shall submit a building permit application for the construction of an ADU and/or JADU. An application, together with the required fee in compliance with the City's Fee Schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Planning Director or his designee shall review the application to determine whether it complies with the requirements of this section and ministerially approve a compliant application.
(b)
A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall act on the application to develop an ADU or a JADU within 60 days, or 30 days for pre-approved standard ADU and JADU plans made available by the City. If the permit application to develop an ADU or a JADU is submitted with a permit application to construct 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 construct the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.
