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Madera City Zoning Code

RESIDENTIAL ZONES

§ 10-3.501 R; PURPOSE AND APPLICATION.

   To provide specific areas in the city where residential developments of varying densities may be developed as specified in the land use element of the General Plan. To promote and encourage a suitable living environment; to provide space for community facilities needed to complement urban residential areas and for institutions compatible with a residential environment; to promote the orderly flow of residential traffic and restrict commercial and industrial traffic in residential areas; to provide the opportunity for suitable housing at affordable prices for all segments of the community.
('61 Code, 10-3.501) (Ord. 380 C.S., passed 9-21-81)

§ 10-3.502 R; PERMITTED USES.

   (A)   The following uses shall be permitted in the Residential Zone.
      (1)   Residential uses together with the accessory buildings customary to such use, including garages, carports, and storage sheds.
      (2)   Flower and vegetable gardens, orchards, the raising of tree crops, berry, or bush crops for the purpose of prolongation and culture, including wholesaling crops raised on the premises; provided, no signs, displays, or stands are used in conjunction therewith.
      (3)   Swimming pools for either individual, family, or communal use on an exclusive non- commercial basis.
('61 Code, § 10-3.502) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 607 C.S., passed
12-15-93; Am. Ord. 690 C.S., passed 8-5-98)

§ 10-3.503 R; DENSITY.

   The maximum density shall be fixed by a sub-designation as follows:
   (A)   R(A). One unit for each 12,000 square feet of site area.
   (B)   R(1). One unit for each 6,000 square feet of site area.
   (C)   R(2). One unit for each 3,000 square feet of site area.
   (D)   R(3). One unit for each 1,800 square feet of site area.
('61 Code, § 10-3.503) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 607 C.S., passed 12-15-93)

§ 10-3.504 R; PERMITTED USES; ADMINISTRATIVE APPROVAL.

   (A)   Subject to obtaining an administrative approval thereof, the following uses shall also be permitted:
      (1)   Enclosed, temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.
      (2)   Home occupations.
      (3)   Foster homes, rehabilitation facilities, day care centers, and other related facilities which provide housing for six or fewer unrelated persons.
      (4)   Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses. This provision shall not be construed as permitting any commercial use or occupation other than those specifically listed.
      (5)   Guest units, studios, caretakers quarters, and similar detached dwelling units having no kitchen or cooking facilities.
('61 Code, § 10-3.504) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 589, passed 11-18-92; Am. Ord. 607 C.S., passed 12-15-93; Am. Ord. 690 C.S., passed 8-5-98)

§ 10-3.504.1 R; USES ALLOWED WITH ZONING ADMINISTRATOR'S PERMIT.

   (A)   The following uses shall be permitted subject to the approval by the Zoning Administrator:
      (1)   Accessory dwelling units and junior accessory dwelling units subject to the standards contained in § 10-3.513.
      (2)   Manufactured housing.
      (3)   Home occupations (appealed).
      (4)   Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
   (B)   Other approvals as per Zoning Administrative Code Section.
(Ord. 690 C.S., passed 8-5-98; Am. Ord. 949 C.S., passed 12-6-17)

§ 10-3.505 R; CONDITIONAL USES; COMMISSION APPROVAL.

   (A)   The following uses are allowed subject to obtaining approval of a Use Permit from the Planning Commission:
      (1)   Private non-profit schools and colleges; churches, parsonages, and other religious institutions.
      (2)   Foster homes, rehabilitation facilities, and other related facilities which provide housing for more than six unrelated persons.
      (3)   Private clubs and lodges.
      (4)   On-site parking for commercial vehicles exceeding two-ton capacity.
      (5)   Multiple single family dwelling units on the same R-1 zoned lot subject to the standards contained in § 10-3.512.
      (6)   Large family day care homes as defined in and subject to the standards contained in § 10-3.1312.
   (B)   The following uses are permitted only in the R-3 zone and are subject to first securing a use permit in each case:
      (1)   Hotels, motels, rooming or boarding houses, bungalow courts, and dwelling groups.
      (2)   Professional offices.
      (3)   Community centers, social halls, lodges, clubs, cemeteries, and their appurtenant uses.
      (4)   Rest homes and convalescent hospitals.
('61 Code, § 10-3.505) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 452 C.S., passed 1-15-86; Am. Ord. 607 C.S., passed 12-15-93; Am. Ord. 690 C.S., passed 8-5-98; Am. Ord. 852 C.S., passed 1-7-09)

§ 10-3.506 R; FENCES, WALLS, AND HEDGES.

   Fences, walls, and continuous hedges will be limited as follows:
   (A)   A maximum height of six (6') feet in any rear or interior side yard exclusive of the front setback area.
   (B)   A maximum height of three (3') feet in any front or street side yard setback area, except that, subject to the approval of the Community Development Director/City Engineer, a six (6') foot fence may be erected on the street side yard property line of any fifty (50') foot wide corner lot located in the R. Residential Zone, which is situated adjacent to an eighty (80') foot City right-of-way designated as a Local Street on the General Plan. These approvals shall take into consideration site distance requirements adjacent to alleys and where driveways cross the street side yard property line.
   (C)   A maximum height of six (6') feet to within ten (10') feet of any exterior side property line, exclusive of the front setback. The Community Development Director/City Engineer may grant approval of an encroachment permit for construction of a fence higher than three (3') feet within the required street side yard setback area subject to the following standards:
      (1)   The maximum height shall not exceed six (6') feet in any street side yard area to within twenty-five (25) feet of the front property line, or projection thereof.
      (2)   No encroachment permit shall be approved for corner lots with an alley along the rear property line (ten (10') foot setback required).
      (3)   No encroachment permit shall be approved for corner lots adjacent to a street along the rear property line (ten (10') foot setback required).
      (4)   Encroachment permits shall take into account sight distance requirements in reverse corner lot situations, where driveway approaches on adjacent lots may be near the rear property line.
      (5)   Fences along a residential access street (fifty (50') foot right-of-way) shall be set back a minimum of five (5') feet from the exterior side property line.
      (6)   Design criteria for fences constructed along street side yard property lines shall be as follows (not applicable for fences constructed in accordance with building setback standards except as required in § 10-3.506(C)(5)(d)):
         (a)   All fences shall be masonry, wrought iron, solid wood, or a combination thereof.
         (b)   Wood shall be of cedar quality or better and all wood surfaces are to be treated with waterproofing. All posts shall be set in concrete.
         (c)   Unless the standard setback of ten (10') feet is utilized, all fences along collector streets shall be masonry.
         (d)   All fences constructed along arterial streets, regardless of setbacks, shall be masonry.
         (e)   Fence construction along any rear property line adjacent to a Collector or Arterial Street shall be masonry.
         (f)   Construction of fencing along all designated Collector and Arterial Streets is mandatory. Installation shall be required in conjunction with building permits issued for adjoining lots, and completion required prior to the granting of final occupancy on the permit.
         (g)   The design criteria for construction of fences along Collector and Arterial Streets shall not apply to any subdivision recorded prior to December 18, 1991, the effective date of Ordinance 580 C.S.
         (h)   The Planning Commission may grant exceptions on a subdivision-wide basis to the masonry wall requirements along Collector and Arterial Streets specified in this section.
   (D)   The Planning Commission may approve encroachments into the ten foot (10') street side yard setback not authorized by the Community Development Director/City Engineer, subject to the provisions of the Building Code and City Standards. The Planning Commission may permit a greater height not to exceed a maximum height of eight feet (8') for that portion of a yard to the rear of the front forty feet (40') upon a determination that a greater height will not be detrimental to the public welfare or to abutting property. The Planning Commission may also require the installation of masonry block walls higher than eight feet (8') for the purpose of mitigating noise impacts in conjunction with new residential development. The requirements shall be established as a condition of approval for Tentative Subdivision Maps in conjunction with an acoustical analysis prepared by a qualified independent consultant.
('61 Code, § 10-3.506) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 494, C.S., passed 1-20-88; Am. Ord. 580 C.S., passed 12-18-91; Am. Ord. 652 C.S., passed 3-6-96; Am. Ord. 679 C.S., passed 7-2-97; Am. Ord. 719 C.S., passed 7-19-00)

§ 10-3.507 R; MINIMUM SITE AREA AND DIMENSIONS.

   Each lot shall be no less than 80 feet in depth. Each interior lot shall have a minimum width of 50 feet. Each corner lot shall have a minimum width of 60 feet. The width of any lot fronting on a cul-de-sac on the radius of a curve shall be measured at the building setback line. The minimum site area for creation of new lots in a Residential Zone shall be 6,000 square feet for interior lots, and 6,500 square feet for corner lots.
('61 Code, § 10-3.507) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 589, passed 9-18-92)

§ 10-3.508 R; YARD REQUIREMENTS.

   Except as provided for in subsection § 10-3.508(E) below, the following yard requirements shall be met:
   (A)   Front yards. No building shall be constructed nearer than 15 feet to the front property line, however in no case shall garages with doors facing the street or carports be set back less than 20 feet.
   (B)   Interior side yards. The minimum setback for any required interior side yard shall be not less than five feet provided the Planning Commission may approve encroachment into the five foot setback subject to the provisions of the Building Code.
   (C)   Exterior side yards. The required exterior side yard shall be not less than ten feet. Garages or carports facing an exterior side yard shall be not less than 20 feet from the property line.
   (D)   Rear yards. Rear yards shall be provided as follows:
      (1)   Fifteen feet where windows face the rear property line plus five feet per story for each story over two stories.
      (2)   Ten feet where no windows face the rear property line.
      (3)   In R-3 zones, the rear yard need not exceed ten feet except where the rear property line abuts an R or PD zone, in which case subsections § 10-3.508(D)(1) and (2) above shall apply.
      (4)   Where the rear property line abuts an alley, the setback shall be measured to the centerline of the alley. Parking spaces which utilize the alley for access must be set back seven feet to provide a 27-foot backup distance.
   (E)   Within multiple family projects of three or more units, the setback for any two-story building or structure from any property line immediately adjacent to an existing or planned single-family dwelling or low density project or any R-1 zone shall be 15 feet. The setback for any three-story structure shall be 25 feet plus five feet for each additional story over three. The Site Plan Review process shall also take the following factors into consideration:
      (1)   The relationship of second-story windows, doors, exterior stairways, exterior balconies, sun decks, and the like, with the privacy of the adjoining property.
      (2)   The relationship of building mass with the neighbors use and enjoyment of their yard areas.
      (3)   The relationship of building mass with the neighbor's accessories such as solar collectors and satellite antennas.
   (F)   Units on the same lot.
      (1)   Distances between dwelling units on the same lot shall be as follows:
         (a)   Units side to side shall be 10 feet.
         (b) Units front to back shall be 25 feet.
         (c)   Units back to back shall be 20 feet.
         (d) Units front to side shall be 20 feet.
      (2)   Exceptions to this setback requirement may be granted through a use permit approved by the Planning Commission.
('61 Code, § 10-3.508) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 452 C.S., passed 1-15-86; Am. Ord. 589 C.S., passed 11-18-92; Am. Ord. 607 C.S., passed 12-15-93)

§ 10-3.509 R; MINIMUM OPEN SPACE.

   (A)   R; minimum open space.
      (1)   Minimum useable open space for each individual unit shall be provided for each dwelling unit as follows:
 
R-Minimum Open Space
R(A)
2,000 square feet
R(1)
1,000 square feet
R(2)
750 square feet
R(3)
500 square feet
 
      (2)   To qualify as useable private open space the minimum dimension must be ten feet, provided, however, that balconies can qualify when the minimum dimension is five feet. Required off- street parking areas (spaces and driveways) may not be used in calculating required open space, and only a maximum of 50% of required yard areas under § 10-3.508 (A), (B), (C), and (D) may be used in calculating required open space.
   (B)   Projects of 50 or more units shall provide one or more amenities as a part of the main recreation area, including, but not limited to, the following: swimming pool, tennis court, putting green, lawn bowling, tot lot, or outdoor cooking facilities or barbecues.
   (C)   All outdoor common recreational areas, except community gardens, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner.
   (D)   Floor area.
      (1)   In addition to the minimum open space requirements above, buildings located on a lot in an R-1 Zone shall not exceed a cumulative floor area of 1,400 square feet plus 20% of the site area on which those building are located.
      (2)   For the purpose of the section, FLOOR AREA shall mean the area of all floors and levels enclosed by exterior walls by more than 50% and that part of any upper level separated from the lower level by a floor/ceiling assemble, but shall not include basements, and up to 400 square feet of garage area.
('61 Code, § 10-3.509) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 452 C.S., passed 1-15-86; Am. Ord. 589 C.S., passed 11-18-92; Am. Ord. 607 C.S., passed 12-15-93)

§ 10-3.510 R; BUILDING HEIGHT.

   (A)   Maximum height of buildings shall be as follows:
   R(A), R(1), R(2)   35 feet
   R(3)         50 feet
   Accessory buildings   15 feet
   (B)   To conform zoning with General Plan policies a zoning designation a (HL) may be placed on any R designated district indicating a height limitation of 20 feet.
('61 Code, § 10-3.510) (Ord. 380 C.S., passed 9-21-81)

§ 10-3.511 PARKING ON UNPAVED SURFACES PROHIBITED.

   (A)   No person shall keep, store or park any trailer, boat, motorcycle or motor vehicle on any portion of a front yard or corner lot side yard of a property designed or used as a residence, except on an area that is paved with either asphalt, concrete, gravel or similar substance.
   (B)   No owner, tenant, manager, or occupant of property designed or used as a residence shall allow or suffer another person to keep, store or park any trailer, boat or motor vehicle on any portion of a front yard or corner lot side yard of a property, except on an area that is paved with either asphalt, concrete, gravel, or similar substance.
   (C)   Parking upon the lawn area or area intended for landscaping is prohibited.
   (D)   The first violation of any provision of this section is an infraction and is punishable by a fine not exceeding $75. A second violation within one calendar year of the first shall be punishable by a fine not exceeding $200. A third and each subsequent violation within one calendar year of the first, shall be punishable by a fine not to exceed $500.
(Ord. 789 C.S., passed 10-19-05)

§ 10-3.512 MULTIPLE SINGLE-FAMILY DWELLING UNITS.

   Multiple single family dwelling units on the same R-1 zoned lot may be allowed through approval of a use permit subject to the following standards:
   (A)   All dwelling units shall conform to the parking, height, open space, lot coverage, and setback requirements of the R-1 zone, along with other requirements of the zoning code and other applicable city codes.
   (B)   In addition to the 6,000 square foot minimum site area for the primary residence, an extra 8,000 square feet shall be required for each subsequent single-family residence.
   (C)   Multiple single-family dwelling units shall be subject to the additional setback/height restriction of five extra feet of rear and side yard area for each story over one.
   (D)   The remaining single-family unit(s) may be for rental purposes, but no unit may be sold separately.
   (E)   The single-family dwelling units shall provide separate, independent living quarters for only one family.
   (F)   Utilities.
      (1)   All units shall have completely separate utilities, such as sewer, water, gas, and garbage.
      (2)   All utilities shall be adequate to serve all residential units.
      (3)   No unit shall be located over underground utilities serving any other unit.
(Ord. 607 C.S., passed 12-15-93)

§ 10-3.513 ACCESSORY DWELLING UNITS.

   Accessory dwelling units shall comply with the requirements of this section.
   (A)   For the purposes of this chapter, the following definitions shall apply:
      ACCESSORY DWELLING UNIT. An attached or detached dwelling unit that provides complete independent living facilities on the same parcel as a legal single family residence, including permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit may be located within the living space of an existing primary single-family residence, may be an efficiency dwelling as defined in § 17958.1 of the Cal. Health and Safety Code, and may be a manufactured home, as defined in § 18007 of the Cal. Health and Safety Code. Accessory dwelling units are not accessory uses as defined in this section.
      JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure, and utilizing an existing bedroom, and containing an efficiency kitchen. A JUNIOR ACCESSORY DWELLING UNIT may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
   (B)   Purpose. The provisions of this section are intended to set standards, in compliance with Cal. Gov’t Code §§ 65582.1, 65852.2, and 65852.22, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this chapter to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.
   (C)   General requirements. An accessory dwelling unit:
      (1)   May be located on any R (Residential) Zone District lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwelling;
      (2)   May be located on any PD (Planned Development) Zone District lot wherein a Precise Plan allowing for the construction of accessory dwelling units has been approved. In all cases, the Precise Plan shall provide that only one accessory dwelling unit shall be permitted per parcel;
      (3)   Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan's principles, goals and policies.
      (4)   Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
      (5)   Shall not be used for rentals with terms of less than 30 days.
      (6)   Shall not be sold separate from the primary residence.
   (D)   Permit requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
   (E)    Application and processing requirements.
      (1)   Step one-submittal. An application for a Zoning Administrator Permit to allow for an accessory dwelling unit shall be submitted to the Planning Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a Zoning Administrator Permit to allow for an accessory dwelling unit shall include all of the following (except as noted in subsection (1)(i) below):
         (a)   Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
         (b)   Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.
         (c)   Elevations. Architectural elevations of each side of the proposed structure showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch.
         (d)   Materials and color board. A materials and color board for the existing residence and the proposed second dwelling unit.
         (e)   Cross sections. Building cross sections including structural wall elements, roof, foundation, fireplace and any other sections necessary to illustrate earth-to-wood clearances and floor to ceiling heights.
         (f)   Photographs. Color photographs of the site and adjacent properties, taken from each property line of the site, to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of each photograph.
         (g)   Deed restrictions. Deed restrictions completed, signed and ready for recordation.
         (h)   Fee. A fee corresponding to the fee for a Zoning Administrator Permit shall be paid at time of submittal.
         (i)   Applications for accessory dwelling units which do not modify a building's exterior are not required to submit (c), (d), or (f) above.
      (2)   Step two-decision. The Department shall act on the application for Zoning Administrator Permit to allow for an accessory dwelling unit within 120 days of submittal of a complete application. The Zoning Administrator Permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this section.
      (3)   Utility connection fees.
         (a)   Except as provided in subsection (3)(b), a separate new utility connection and payment of a connection fee or capacity charge pursuant to state law and city fee schedule will be required for any new accessory dwelling unit.
         (b)   No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single family residence or permitted accessory structure constructed as habitable space.
   (F)   Development standards. A Zoning Administrator Permit to allow for an accessory dwelling unit shall be issued only if the unit complies with the following development standards:
      (1)   Setbacks.
         (a)   R (Residential) Zone District. An accessory dwelling unit shall comply with the setback requirements of the applicable residential zoning district for the primary dwelling, except as follows:
            1.   A new detached single-story accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of five feet, an interior side setback of five feet, and a corner side setback of 15 feet.
            2.   A new detached two-story accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of 15 feet, an interior side yard setback of five feet for a one-story portion, and ten feet for a two-story portion, and a corner side yard setback of 15 feet.
            3.   An accessory dwelling unit that is fully contained within the existing space of a single-family residence or within an approved accessory structure and has independent exterior access from the existing residence or structure shall adhere to the setback requirements of the residential zone it is located within.
            4.   No portion of an attached or detached accessory dwelling unit shall be closer than ten feet to a primary dwelling on an adjacent lot.
            5.   A setback of no less than five feet from the side and rear property lines is required for any accessory dwelling unit. No existing nonconforming structures built within less than five feet of any property line may be converted to an accessory dwelling unit.
            6.   A detached accessory dwelling unit shall always be located within 100 feet of the primary dwelling, but never closer to the primary dwelling than permitted by the California Building Code.
         (b)   PD (Planned Development) Zone District. An accessory dwelling unit shall comply with the setback requirements as defined within the approved Precise Plan applicable to the primary dwelling.
      (2)   Maximum floor area.
         (a)   New detached unit. No newly constructed detached accessory dwelling unit may contain floor area in excess of 1,200 square feet.
         (b)   New attached unit. No newly constructed attached accessory dwelling unit may contain floor area in excess of 50% of the existing residential square footage or 1,200 square feet, whichever is less.
         (c)   Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing single family dwelling shall not occupy more than 45% of the existing floor area of the residence, excluding the garage, nor shall it exceed 1,200 square feet, or a maximum of 1,200 square feet for detached accessory structures.
      (3)   Height limit. A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet. A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet.
      (4)   Open space. An accessory dwelling unit shall provide an additional 500 square feet of open space, in addition to the open space requirements of the primary residential dwelling on the parcel.
      (5)   Architectural compatibility. If visible from a public street, an accessory dwelling unit shall incorporate the same or substantially similar architectural features, building materials and colors as the main dwelling unit and/or compatible dwellings located on adjacent properties.
      (6)   Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.
      (7)   Existing development. A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.
      (8)   Number per lot. A maximum of one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any lot.
      (9)   Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:
         (a)   The accessory dwelling unit is 750 square feet or less in area.
         (b)   The accessory dwelling unit is located within one-half mile of public transit.
         (c)   The accessory dwelling unit is located within a historic preservation district.
         (d)   The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
         (e)   When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
         (f)   When there is a car share vehicle located within one block of the accessory dwelling unit.
         (g)   To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle or its location within a historic preservation district, or proof of local parking permit requirements.
         (h)   If a garage, carport, or covered parking is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking spaces must be provided in any configuration on the lot, including as uncovered, compact, tandem parking and within a setback area.
      (10)   Deed restrictions. Prior to occupancy of an accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
         (a)   The accessory dwelling unit shall not be sold separately from the single family residence;
         (b)   The accessory dwelling unit shall not exceed 1200 square feet and shall comply with the development standards in subsection (E);
         (c)   The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and
         (d)   The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the accessory dwelling unit and may result in legal action against the property owner.
         (e)   The developer of a subdivision that includes accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with an accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction.
   (G)   Junior accessory unit. The following provisions are intended to set standards, in compliance with Cal. Gov’t Code § 65852.22, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.
      (1)   General requirements. A junior accessory dwelling unit:
         (a)   May be located on any R (Residential) Zone District lot that allows single-family or multi-family dwellings and that contains only one single-family detached dwelling. Only one junior accessory dwelling unit and one standard accessory dwelling unit shall be permitted per parcel;
         (b)   May be located on any PD (Planned Development) Zone District lot wherein a Precise Plan allowing for the construction of junior accessory dwelling units has been approved. In all cases, the Precise Plan shall provide that only one junior accessory dwelling unit shall be permitted per parcel;
         (c)   Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan's principles, goals and policies.
         (d)   Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
         (e)   Shall not be used for rentals with terms of less than 30 days.
         (f)   Shall not be sold separate from the primary residence.
      (2)   Permit requirements. An application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
      (3)   Application and processing requirements.
         (a)   Step one-submittal. The application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be submitted to the Planning Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit shall include all of the following:
            1.   Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
            2.   Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.
            3.   Deed restrictions. Deed restrictions completed, signed and ready for recordation.
            4.   Fee. A fee corresponding to the fee for a Zoning Administrator Permit shall be paid at time of submittal.
         (b)   Step two-decision. The Department shall act on an application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit within 120 days of submittal of a complete application. A Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this section.
         (c)   Utility connection fees. No new or separate utility connection and no connection fee for water, sewer, or power is required for a junior accessory dwelling unit.
      (4)   Development standards. A Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards:
         (a)   Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area.
         (b)   Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing single-family dwelling and shall utilize one of the existing bedrooms.
         (c)   Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen with the minimum criteria:
   
            1.   A sink with a maximum waste line diameter of 1.5 inches.
            2.   A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.
            3.   A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
         (d)   Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling.
         (e)   Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling, and an interior entry into the main living area. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
         (f)   Parking. Off-street parking shall not be required for junior accessory dwelling units that meet the development standards.
      (5)   Deed restrictions. Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
         (a)   The junior accessory dwelling unit shall not be sold separately from the single-family residence;
         (b)   The junior accessory dwelling unit shall not exceed 500 square feet and shall comply with the development standards in subsection (F);
         (c)   The junior accessory dwelling unit shall be considered legal only so long as either the primary residence or the junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and
         (d)   The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the junior accessory dwelling unit and may result in legal action against the property owner.
         (e)   The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction.
(Ord. 607 C.S., passed 12-15-93; Am. Ord. 752 C.S., passed 5-21-03; Am. Ord. 949, C.S., passed 12-6-17)