The purpose of this chapter is to provide for the establishment of new accessory dwelling units on existing lots in the High-density Residential (R-3), Medium-density Residential (R-2), Low-density Residential (R-1), Estate (E), Recreational Forestry (RF), Platted Lands (PL), Exclusive Agriculture (A), or Limited Agriculture (A-1) districts that already contains a legally established single-family dwelling unit. The accessory dwelling unit may be occupied by family members, guests, servants, or employees of the property owner or used as a rental unit. Pursuant to Government Code Sections 65852.150 and 65852.2, accessory dwelling units are deemed to be in conformance with the density limitations established by the general plan land use category applicable to the area within which the unit is located.

(Ord. G-6191 § 86, 1995: prior code § 7240.01)

(Ord. No. G-8725, § 19, 7-11-17)

An accessory dwelling unit may be established by any one (1) of the following methods:

A.

Alteration of interior space of an existing single-family dwelling;

B.

Conversion of an attic, basement, garage, or other previously uninhabited portion of an existing single-family dwelling or accessory structure;

C.

Addition of a separate unit onto an existing single-family dwelling;

D.

Construction of a separate structure on a lot in addition to an existing single-family dwelling;

E.

Conversion of an existing dwelling to an accessory dwelling unit in conjunction with the construction of a new single-family dwelling;

F.

Installation of a second mobilehome or manufactured home.

(Ord. G-6864 § 67, 2002; Ord. G-5346 § 97, 1990: prior code § 7240.02)

(Ord. No. G-8725, § 19, 7-11-17)

No accessory dwelling unit may be established unless it complies to the following standards:

A.

The lot upon which the accessory dwelling unit is to be established shall contain no other dwellings except for the principal dwelling. Additionally, the following minimum lot size criteria shall apply to lots upon which an accessory dwelling unit is to be established:

1.

The lot shall contain a minimum of seven thousand five hundred (7,500) net square feet if the lot is served by both a community water supply and public sewer.

2.

The lot shall contain a minimum of one half (½) net acre if the lot is served by a community water supply and a private septic system.

3.

The lot shall contain a minimum of one (1) net acre if the lot is not served by either a community water system or public sewer.

B.

The principal dwelling on the lot shall contain a minimum gross area of one thousand two hundred (1,200) square feet.

C.

Only one (1) accessory dwelling unit may be created per legal lot.

D.

The total floor space of the accessory dwelling unit may not exceed:

1.

One thousand two hundred (1,200) square feet or fifty percent (50%) of the total floor space of the principal dwelling, whichever is less in the instance of an attached or interior conversion or constructed accessory dwelling unit.

2.

One thousand two hundred (1,200) square feet in the instance of a detached accessory dwelling unit.

E.

The accessory dwelling unit shall contain separate kitchen and bathroom facilities and have a separate entrance.

F.

Either the principal dwelling or the accessory dwelling unit on the lot shall be occupied by the property owner.

G.

The accessory dwelling unit shall comply with the development standards for the zoning district in which it is located, including front-yard, rear-yard, and side-yard setbacks, minimum distance between structures, and height limits, but excluding minimum lot area per dwelling unit standards. However, no setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

H.

Parking requirements for accessory dwelling units are one (1) parking space per bedroom, not to exceed two (2) parking spaces per unit except in an instance as specified below. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. The development of parking spaces and access drives shall be consistent with this chapter and Chapter 19.82 of this title except in the following instances when parking standards will not be applied:

1.

The accessory dwelling unit is located within one-half (½) mile of a public transit stop.

2.

The accessory dwelling unit is located within a Kern County designated architecturally and historically significant historic district.

3.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4.

When there is a car share vehicle service located within one (1) block of the accessory dwelling unit.

I.

Unless the accessory dwelling unit will be a second mobilehome or manufactured home, the accessory dwelling unit shall be constructed in accordance with the provisions of the latest adopted edition of the Uniform Building Code.

J.

Unless within an architecturally and historically significant historic district, the accessory dwelling unit need not be constructed in such a manner as to be architecturally similar to the principal dwelling in terms of design, height, exterior siding, and roof pitch. Additionally, where architectural similarity is required, the accessory dwelling unit shall utilize the same type and color of roofing material and shall be painted the same colors as that of the principal dwelling. These same standards shall also apply where the planning director determines it necessary to prevent adverse impacts on any real property that is listed in the California Register of Historic Places.

K.

The accessory dwelling unit shall comply with applicable health standards and shall be approved by the director of the Kern County public health services department.

(Ord. G-7012 § 53, 2003; Ord. G-6864 §§ 69, 70, 2002; Ord. G-6551 § 95, 1998; Ord. G-6412 § 57, 1997: Ord. G-6297 § 63, 1996; Ord. G-5346 § 98, 1990: Ord. G-4832 § 172, 1988; prior code § 7240.03)

(Ord. No. G-8226, § 99, 11-8-11; Ord. No. G-8725, § 19, 7-11-17)

No accessory dwelling unit shall be established and no building permit issued until an application for plot plan review has been submitted to and approved by the planning director.

(Ord. G-7012 § 55, 2003; Ord. G-6551 § 97, 1998: prior code § 7240.04 (part))

(Ord. No. G-8725, § 19, 7-11-17)

Editor's note— Ord. No. G-8725, § 19, adopted July 11, 2017, changed the title of § 19.90.040 from "Secondary residential plot plan review—Required" to "Accessory dwelling unit plot plan review—Required."

An application for a permit for an accessory dwelling unit shall include the following:

A.

Name and address of the applicant;

B.

Name and address of the property owner;

C.

Address of the principal dwelling on the lot on which the accessory dwelling unit is to be established;

D.

Assessor's parcel number;

E.

Legal description of the property;

F.

Floor space of the principal dwelling and of the proposed accessory dwelling unit;

G.

Plot plan drawn at the scale specified by the planning director, including the following:

1.

Property lines and lot dimensions;

2.

Location of all existing buildings and structures;

3.

Location of the proposed accessory dwelling unit;

4.

Location of all easements;

5.

Location of existing and proposed parking areas;

6.

North arrow.

H.

If located within a Kern County designated architecturally and historically significant historic district or within five hundred (500) feet of a structure listed in the California Register of Historic Places:

1.

Elevations showing the height, roofing materials, and exterior colors of the proposed accessory dwelling unit in relation to the principal dwelling.

2.

Photographs accurately showing property on which the accessory dwelling unit is to be constructed and properties adjacent to side property lines.

(Ord. G-7189 § 83, 2005; Ord. G-7012 § 56, 2003; Ord. G-6077 § 298, 1994; Ord. G-5346 § 99, 1990: prior code § 7240.04(A))

(Ord. No. G-8725, § 19, 7-11-17)

The plot plan review application shall be reviewed and approved in accordance with the procedures set out in Sections 19.102.040 through 19.102.060, except as follows:

Deviations to the development standards specified in this chapter shall require approval of a zone variance in accordance with the provisions set out in Chapter 19.106.

(Ord. G-7189 § 84, 2005: Ord. G-7012 § 57, 2003; prior code § 7240.04(B))

(Ord. No. G-8725, § 19, 7-11-17)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020.

(Prior code § 7240.04(C))

(Ord. No. G-8725, § 19, 7-11-17)