This section provides standards by which the city shall evaluate and ministerially approve an application for the siting and construction of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on a lot with an existing or proposed dwelling located in areas zoned to allow single-family or multifamily residential uses in compliance with Cal. Gov't Code §§ 65852.2 and 65852.22, as may be amended.

(Ord. 2021-007, passed 12-14-21)

   (A)   ADUs are permitted in all zone districts allowing single-family or multifamily residential uses on lots developed with existing or proposed dwellings.

   (B)   An ADU may be established in the following methods:

      (1)   Attached to, or located within, an existing or proposed primary dwelling.

      (2)   A new detached structure, or located within or attached to an accessory structure, including detached garages or similar structures.

      (3)   Conversion of existing attached or detached accessory structures, including garages, storage areas, or similar structures.

      (4)   Reconstruction of an existing structure or living area that is proposed to be converted to an ADU, or a portion thereof, in the same location and to the same dimensions and setbacks as the existing structure.

   (C)   One ADU and one JADU may be established per lot with a proposed or existing single-family if all of the following apply:

      (1)   The ADU or JADU 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.

   (D)   One JADU may be established within the space of an existing or proposed single-family residence, on a lot that is zoned to allow single-family residential uses.

   (E)   A JADU may be established within the space of the primary dwelling in combination with the construction of one detached, new construction ADU not exceeding 1,200 square feet and a height of 16 feet with four-foot side and rear yard setbacks.

   (F)   ADUs shall be permitted on lots developed with existing multifamily dwellings subject to the following provisions:

      (1)   A minimum of one ADU may be constructed, or up to 25% of the existing unit count, within non-livable space, including, but not limited to, storage rooms, passageways, attics, basements, or closets.

      (2)   The construction of two detached ADUs, subject to a maximum height of 16 feet, and four-foot side and rear setbacks. In this case, only two detached ADUs are permitted on lots developed with existing multifamily dwellings.

(Ord. 2021-007, passed 12-14-21)

   (A)   ADUs shall comply with the following development standards:

         (c)   ADUs shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.

         (d)   ADUs shall not be required to provide fire sprinklers if they were not required for the primary residence.

         (a)   A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed 500 square feet.

         (b)   JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.

         (c)   A JADU, at a minimum, shall include an efficiency kitchen as defined in § 153.003.

         (d)   The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.

         (e)   Prior to the issuance of a building permit for the JADU, the property owner shall file with the city a deed restriction for recordation with the County Recorder, which shall run with the land and include provisions listed in Cal. Gov't Code § 65852.22 and state the following:

            The property contains an approved accessory dwelling unit pursuant to Chapter 153 of the Riverbank Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address development regulations, owner occupancy, and lease requirements, limitations on the size of the accessory dwelling unit and parking requirements. Current restrictions and regulations may be obtained from the city of Riverbank planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property.

         (a)   Have minimum interior side and rear setbacks of four feet and street side setback of ten feet.

         (b)   No setback shall be required for an existing living are or accessory structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

      (1)   At least one additional off-street parking space shall be provided for the ADU or per bedroom, whichever is less, unless otherwise exempt under § 153.327(E).

      (2)   The parking spaces required for the ADU can be in tandem to the required off-street parking of the main dwelling unit, may be uncovered, and can be located within the front yard setback as long as all other yard requirements are met.

      (3)   When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

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

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

      (3)   The ADU is part of the existing primary residence or an existing accessory structure.

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

      (5)   When there is a car share vehicle located within one block of the ADU.

(Ord. 2021-007, passed 12-14-21)

(Ord. 2021-007, passed 12-14-21)

(Ord. 2021-007, passed 12-14-21)

      (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 a JADU and the application to create a JADU is submitted with a permit application to create a new single-family dwelling on a lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create a new single-family dwelling, but the application to create a JADU will still be considered ministerially without discretionary review or a hearing.

(Ord. 2021-007, passed 12-14-21)