This chapter establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use.

The following uses shall be permitted as accessory uses to each single dwelling unit which is allowed by the subject land use district.

Only one of the following shall be allowed on parcels of less than five acres. Each additional residential dwelling shall provide two additional parking spaces, except as otherwise provided by this Code.

A secondary dwelling unit is an additional single-family residence that is allowed on a lot where there is an existing legal single-family residence, provided that the lot area of the subject property is at least two times the minimum lot size specified by the land use district for the subject property. A secondary dwelling unit is subject to Land Use Compliance Review and must comply with the single residential design standards and the standards specified for the subject land use district.

Guest housing is residential occupancy of a living unit, with bathroom plumbing only, located on the same parcel as the primary dwelling unit, but separated from it by at least 10 feet. This housing is for use by the occupants or temporary guests of the occupants of the premises and is not to be rented or otherwise used as a separate dwelling, except as provided by this section.

Detached structures shall be limited to a four-vehicle capacity on lots less than 20,000 square feet. Vehicle capacity is calculated by multiplying a 14' x 19' parking space (adequate for handicapped persons) by the desired number of vehicles to be housed in the garage/carport. Additional storage space (approximately 136 square feet) is added, totaling 1,200 square foot maximum four-vehicle capacity. These provisions pertain to detached garages/carports only. Any detached carport or garage that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit.

The following uses shall be permitted as accessory uses to Primary Agricultural uses which are allowed by a land use district.

area used for human habitation or public assembly (e.g., parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages, or storage buildings.

Animals may be maintained by a fence at least five feet high and made of either chain link, wood with horizontal members no less than six inches apart, solid masonry, or other appropriate solid screening and confining materials. Such a fence may be located on an interior side or rear lot line and 15 feet from a side street right-of-way.

Offspring of animals less than four months old or unweaned maintained on the same property in accordance with applicable laws and regulations which are maintained in compliance with the provisions of this code and any other applicable laws, ordinances and regulations shall not be subject to the maximum density or number limitations established by the Land Use District.

The following uses shall be permitted as accessory uses to primary commercial uses which are allowed by a land use district.

The following uses shall be permitted as accessory uses to primary industrial uses as allowed by the land use district.

The following residential dwellings are allowed subject to Land Use Compliance Review as an accessory use to a primary agricultural, commercial, industrial, or institutional use where such use demonstrates the need for on-site residency of one or more people to maintain, operate, and/or secure the primary non-residential land use on the property.

Caretaker housing is the residential occupancy of a dwelling unit by the owners, operators, or caretaker employed to guard or operate part or all of the property on which the caretaker dwelling is located as an accessory use. The caretaker dwelling unit may be located either above the first floor or behind a primary commercial use.

Labor quarters refers to the residential occupancy of single or multiple dwelling units with individual, shared, or no kitchen facilities to provide housing for the employees and their families of agricultural, mining, logging, major construction, scientific exploration, or other remote land uses.

Animals may be maintained by a fence at least five feet high and made of either chain link, wood with horizontal members no less than six inches apart, solid masonry, or other appropriate solid screening and confining materials. Such a fence may be located on an interior side or rear lot line and 15 feet from a side street right-of-way.

Offspring of animals maintained in accordance with applicable laws and regulations which are less than four months old or which have not been weaned, of any animals which are maintained in compliance with the provisions of this Code and any other applicable laws, ordinances and regulations shall not be subject to the maximum density or number limitations established by this Title.

Animals which are normally maintained in aquariums, terrariums, vivariums, bird cages, or similar devices each of which does not exceed 50 cubic feet and where such devices are maintained within an enclosed building shall be allowed as an accessory animal raising use. The maximum number or density limitations for these animal types shall comply with public health regulations.

 

 

Five or more require a Special Use Permit (SUP) and a Public Health permit.

 

(Amended by Ord. 269 § 3, 2007; Ord. 365 § 1, 2018)

An ADU may only be permitted on a lot that allows for residential uses on which there is an existing or proposed dwelling unit, as defined in Section 812.04158 of the Development Code. Only one ADU shall be permitted on any lot with single family development. ADUs on lots that include multifamily units may include two (2) detached ADUs, and if converting from existing non-habitable space, may include at least one ADU and up to 25 percent of the existing or proposed multifamily units. ADUs approved in conformance with this chapter do not exceed the allowable density for the lot upon which the ADU is located and shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot. The ADU shall provide complete and independent living facilities. Except as otherwise provided in this section, the lot upon which the ADU is to be established shall conform to all general development standards of the land use district in which it is located, except where the application of the regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks and which meet at least one of the following height requirements: 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit, 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 of one 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, 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, or a height of 25 feet for an accessory dwelling unit that is attached to a primary dwelling and is no taller than the attached unit. The permitting of any ADU shall be subject to applicable Development Impact Fees, as allowed by Government Code Section 65852.2, as that section may be amended from time to time.

The ADU may be either an attached or detached unit. If the ADU is an attached unit, the ADU shall not exceed fifty (50) percent of the area of the primary dwelling unit or one thousand two hundred (1,200) square feet, whichever is smaller with a minimum allowance for an 800 square foot ADU. If the ADU is a newly constructed, detached unit, the unit shall not exceed 1,200 square feet of habitable square footage. An ADU may exceed 1,200 square feet to provide enclosed parking consisting of no more than 400 square feet or to provide additional non-habitable architectural features, such as a patio cover, of no more than 250 square feet without the requirement of a Special Use Permit review. No ADU shall be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code.

The ADU may be rented, subject to the limitations on short term rentals, but shall not be sold, transferred or assigned separately from the primary dwelling unit with the exception of those which meet the requirements provided by Government Code Section 65852.26. The ADU shall not be used for rentals of less than thirty-one (31) consecutive days.

Within thirty (30) days of the issuance of a Land Use Compliance Review or a building permit for an ADU pursuant to this section, the owner of record shall record a covenant, in a form satisfactory to the City Attorney, which shall place future buyers on notice of the maximum size of the ADU as set forth in this subsection (c), the required amount of off-street parking to be provided for the ADU, that the ADU may not be sold, transferred or assigned separately from the primary dwelling unit (except for those which meet the requirements of Government Code 65852.26 (a)), that the ADU may not be used for short term rentals for less than thirty-one (31) consecutive days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the County of San Bernardino, and a copy of the covenant shall be filed with the office of the City Clerk.

No setback shall be required for an ADU that is constructed within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. ADUs shall meet all required front and street side setbacks, except those which are exempt pursuant to the requirements provided by Government Code Section 65852.2(c)(2)(C).

The ADU shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services. Approval must be obtained from the City's Building and Safety Department and the County of San Bernardino's Environmental Health Department when an ADU will be using a septic system rather than connecting to the public sewer system.

The ADU shall match the design of the existing or proposed unit(s) in terms of landscaping, color, building materials, and exterior treatment, and any applicable city-wide design guidelines. This includes the roof pitch, window trim elements, and architectural detailing, such as knee braces, that are found on the front façade of the primary residence. A paved pathway connecting the primary street to the front door of the accessory dwelling unit shall be provided.

Any ADU that has the potential to adversely impact any historical resource listed on the National Register or the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. However, these standards shall be sufficiently objective to allow ministerial review of an ADU.

ADUs are required to provide fire sprinklers only if they are required for the Primary Dwelling Unit.

ADUs shall comply with the California Building Standards Code, as amended by the City.

(Added by Ord. 359 § 5, 2017; amended by Ord. 385 § 2, 2020; Ord. 426 § 3, 2023)