§ 20.11.200. Accessory dwelling units.

1.

Intent. This Section is intended to ensure that accessory dwelling units located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels.

2.

Applicability. The provisions of this Section shall apply to all accessory dwelling units in addition to the provisions of the zone district in which it is located.

3.

Definitions. As used in this Chapter, the following terms mean:

a.

Accessory dwelling unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(2)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

b.

Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

c.

Local agency means the City of Delano.

4.

Development Standards. The following standards shall apply to all accessory dwelling units:

a.

The lot shall be zoned either "R-A" or "R-1";

b.

The lot must contain a primary dwelling unit either existing or proposed to be constructed concurrent with the accessory dwelling unit;

c.

The maximum allowable lot coverage shall not be exceeded;

d.

The maximum building height for an accessory dwelling unit shall be one story, not to exceed eighteen feet. No accessory dwelling unit shall be higher than the main dwelling on the same parcel;

e.

The accessory dwelling unit shall be subject to the minimum required front, side, and rear yard setbacks of the zone district in which the property is located;

f.

The accessory dwelling unit may be attached or detached to the primary residence, but shall be architecturally compatible with the main dwelling and the surrounding neighborhood;

g.

An accessory dwelling unit shall have adequate water supply and sewer service;

h.

The entrance to an attached accessory dwelling unit shall be separate from the entrance to the primary unit;

i.

Accessory dwelling units shall be subject to all development fees including, but not limited to, public facilities impact fees, park fees and assessment districts, where so permitted;

j.

The floor area of the accessory dwelling unit shall not exceed fifty percent of the floor area of the primary single-family residence on the property but not be less than five hundred square feet in total floor area; and

k.

One additional off-street parking space shall be provided for the accessory dwelling unit in compliance with the provisions of Table 13.A.1 (Parking Regulations) of this Title. The additional parking space may be a paved tandem space on an existing driveway. The additional parking space shall be waived if in any of the following instances:

(1)

The accessory dwelling unit is located within one-half mile of public transit.

(2)

The accessory dwelling unit is located within an 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 on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(5)

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

l.

Any existing permitted garage structure that is converted to an accessory dwelling is not subject to setback requirements of this Title but the property, as a whole, must also comply with applicable parking requirements of Chapter 20.13 — Parking Regulations.

(Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)