Los Banos City Zoning Code
ARTICLE 30
ACCESSORY DWELLING UNITS
§ 9-3.3001 Purpose, applicability and where permitted.
(a)
Purpose. This article establishes regulations and procedures for reviewing and permitting accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852.2 (Accessory dwelling units) and 65852.22 (Junior accessory dwelling units).
(b)
Applicability. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit or a junior accessory dwelling unit shall comply with the requirements of this article and the City's Building and Fire Codes. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this article shall not be:
(1)
Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
(2)
Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
(3)
Considered in the application of any City ordinance, policy, or program to limit residential growth.
(4)
Required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
(c)
Where Permitted. Accessory dwelling units are allowed in all residential or mixed use or multifamily zoning districts that allow for any single-family or multifamily residential uses where there is a proposed or existing dwelling.
(§ 2, Ord. 1035, eff. July 15, 2005, as amended by § 1, Ord. 1170, eff. May 3, 2019, § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3002 Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
means a residential dwelling unit that is either attached to or located within a proposed or existing primary dwelling or is detached from the proposed or existing primary dwelling and located on the same parcel as the proposed or existing primary dwelling. An accessory dwelling unit provides complete independent living facilities for one or more persons and includes a separate exterior entrance in addition to permanent provisions for living, sleeping, eating, cooking (including a sink), and a bathroom. Accessory dwelling units include efficiency units, as defined in Section 17958.1 of the Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code.
means a structure that is accessory and incidental to a dwelling located on the same parcel.
means a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip.
is defined for purposes of establishing a junior accessory dwelling unit as a cooking facility that includes all of the following:
means a residential dwelling unit having permanent provisions for living, sleeping, eating, cooking, and sanitation.
means a room or rooms contained entirely within a single-family dwelling that comprise no more than 500 square feet gross floor area and that provide independent facilities for one or more persons for living, sleeping, and eating, that include an efficiency kitchen, and that include separate independent sanitation facilities or have access to shared sanitation facilities with the single-family dwelling.
means the interior habitable area of a dwelling unit, including habitable basements and attics, but does not include a garage or any accessory structure.
means a pathway that extends from a street or alley to one entrance of the accessory dwelling unit.
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subway, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
means two or more automobiles parked on a driveway or in any other location on a parcel, lined up behind one another.
(§ 2, Ord. 1035, eff. July 15, 2005, as amended by § 1, Ord. 1170, eff. May 3, 2019, § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3003 Accessory dwelling units allowed.
(a)
One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(1)
The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(2)
The space has exterior access from the proposed or existing single-family dwelling.
(3)
The side and rear setbacks are sufficient for fire and safety.
(4)
The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(b)
One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard set-backs for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (a) above.
(c)
Multiple accessory dwelling units within the portions of existing multifamily dwelling 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.
(1)
At least one accessory dwelling unit within an existing multifamily dwelling shall be allowed but the number of multiple accessory dwelling units shall not exceed 25% of the existing multifamily dwelling units.
(d)
Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of sixteen (16′) feet and four (4′) foot rear yard and side setbacks.
(§ 2, Ord. 1035, eff. July 15, 2005, as amended by § 1, Ord. 1170, eff. May 3, 2019, § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3004 Application review process-Building permit.
Accessory dwelling units and junior accessory dwelling units shall require a building permit, subject to all standard application and processing fees and procedures that apply to building permits generally.
(a)
Application. A complete building permit application for the accessory dwelling unit or junior accessory dwelling unit shall be submitted along with a checklist that demonstrates compliance with accessory dwelling unit and junior accessory dwelling unit requirements. The application shall include plans showing the details of the proposed accessory dwelling unit or junior accessory dwelling unit under submittal guidelines established by the Community Development Director.
(b)
Compliance Determination. The Community Development Director or designee shall make a determination of compliance with this article prior to issuance of the building permit for the accessory dwelling unit or junior accessory dwelling unit.
(c)
Ministerial Review. All applications for accessory dwelling units or junior accessory dwelling units that comply with the requirements under this article shall be approved without discretionary review or a hearing within 60 days after receipt of a substantially complete application unless either:
(1)
The applicant requests a delay, in which case the 60 day time period is tolled for the period of the requested delay; or
(2)
In the case of an accessory dwelling unit and/or junior accessory dwelling unit is submitted with a permit application to create a new single-unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling until the City renders a decision on the new single-family dwelling application.
(d)
Denial. The application shall be denied if the proposed accessory dwelling unit or junior accessory dwelling unit does not comply with all applicable requirements of this article or it may be conditionally approved subject to conditions that will bring the proposed secondary dwelling unit into compliance with this article.
(e)
Existing Accessory Dwelling Units. The City shall not require, as a condition for ministerial approval of an accessory dwelling unit or junior accessory dwelling unit, the correction of nonconforming zoning conditions. This article shall in no way validate an illegal accessory dwelling unit. An application for an accessory dwelling unit zoning clearance certificate may be made pursuant to the provisions of this article to convert an illegal accessory dwelling unit into a lawful accessory dwelling unit, or to allow for the replacement, alteration or expansion of an existing nonconforming accessory dwelling unit. The conversion of an illegal accessory dwelling unit into a lawful accessory dwelling unit, or the replacement, alteration or expansion of an existing nonconforming accessory dwelling unit shall be subject to the requirements of this article.
(§ 1, Ord. 1170, eff. May 3, 2019, as amended by § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3005 Development standards.
Except as modified by this section, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 9 (Planning and Zoning) of this Code, including, but not limited to, height, setback, site coverage, floor area limit, and residential development standards and design criteria.
(a)
Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit.
(b)
Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the set-back requirements applicable to the zoning district, except as noted below:
(1)
For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback.
(2)
For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint that does not exceed the existing structure's size and/or height.
(3)
Newly constructed detached accessory dwelling units may provide a minimum setback of four (4′) feet from all side and rear property lines.
(c)
Building Height. Detached accessory dwelling units shall not exceed one story and a height of sixteen (16′) feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district.
(d)
Unit Size.
(1)
The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
(2)
An attached accessory dwelling unit that is created on a lot with an existing or proposed single-unit dwelling is further limited to 50% of the floor area of the existing or proposed dwelling.
(3)
Application of subsection (b) above or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet.
(4)
The maximum size of a junior accessory dwelling unit is 500 square feet.
(5)
The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit.
(e)
Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar or the same as the principal dwelling with respect to architectural style and design, roof pitch, color, materials, and landscaping.
(f)
Foundation. A permanent foundation shall be required for all accessory dwelling units.
(g)
Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this section, including the yard, setback, height and architectural requirements. The manufactured home shall be constructed on a permanent foundation. Other types of portable or temporary housing, such as mobile homes, recreational vehicles, or tents may not be used as accessory dwelling units.
(h)
Fire Sprinklers. Accessory dwelling units and/or junior accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the principal residence.
(i)
Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior accessory dwelling unit.
(j)
Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling. The entrance to the accessory dwelling unit shall, whenever possible, be located on a different side of the building from the entrance to the primary dwelling unit. There shall be no exterior stairway to the second floor of a primary dwelling unit from the front of the primary dwelling unit.
(§ 2, Ord. 1035, eff. July 15, 2005, as amended by § 1, Ord. 1170, eff. May 3, 2019, § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3006 Other requirements.
(a)
No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single unit dwelling) or from the lot and all of the dwellings (in the case of a multi-unit dwelling).
(b)
Short-Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of less than 30 days.
(c)
Owner-Occupancy.
(1)
Accessory Dwelling Unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025.
(2)
Junior Accessory Dwelling Unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.
(d)
Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior accessory dwelling unit, 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. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot.
(§ 1, Ord. 1170, eff. May 3, 2019, as amended by § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3007 Accessory dwelling unit parking.
Parking shall comply with requirements of the applicable provisions of the Los Banos Municipal Code, except as modified below:
(a)
No additional parking shall be required for junior accessory dwelling units.
(b)
A maximum of one parking space shall be required for each accessory dwelling unit.
(c)
When additional parking is required, the parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front set-back, unless the driveway in the front setback has a minimum depth of twenty (20′) feet.
(d)
No additional parking shall be required for:
(1)
Accessory dwelling units converted as part of a proposed or existing space of a principal residence or existing accessory structure;
(2)
Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public;
(3)
Accessory dwelling units located within an architecturally and historically significant historic district;
(4)
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
(5)
When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car-share vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public.
(e)
No Replacement Parking Necessary. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.
(§ 1, Ord. 1170, eff. May 3, 2019, as amended by § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3008 Utilities and connection fees.
(a)
Utility Connection Required. All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services.
(1)
Except as set forth in subsection (a)(2) herein, the City may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(2)
No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit being constructed in connection with a new single-family dwelling.
(3)
All utility installations on the lot shall be underground.
(4)
No accessory dwelling unit shall be allowed if the Building Official determines that there is not adequate water or sewer service to the property.
(§ 1, Ord. 1170, eff. May 3, 2019, as amended by § 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3009 Impact fees.
No impact fee shall be imposed upon the development of an accessory dwelling unit that is less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). For purposes of this section, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000 of the Government Code, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge.
(§ 1, Ord. 1190, eff. May 21, 2021)
§ 9-3.3010 Appeal.
The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 1170, eff. May 3, 2019, as amended by § 1, Ord. 1190, eff. May 21, 2021)