Fowler Municipal Code Ch. 9.200 Accessory Dwelling Units

The purpose of this Chapter is to establish development and operational standards for accessory dwelling units in the City of Fowler through a ministerial process consistent with Government Code section 66310, et. seq. (Accessory Dwelling Units).

Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Chapter and Title 8 (Building Regulations) of the Fowler Municipal Code. For purposes of this Chapter, accessory dwelling units include detached, attached, conversion, and junior accessory dwelling units.

A. Any application for an accessory dwelling unit that meets the location and development standards contained in this Chapter shall be approved ministerially without discretionary review or public hearing.

B. Accessory dwelling units shall be reviewed as part of the established Building Permit process, and compliance with the standards of this Chapter will be verified through the Zone Clearance process in accordance with Chapter 9.105 (Zone Clearance).

An accessory dwelling unit that conforms to the requirements in this Chapter shall:

A. Not be considered for the purposes of evaluating the density requirements established in the General Plan.

B. Be found consistent with the existing General Plan designation and zoning for the lot.

C. Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A. Development Standards.

1. Foundation. A permanent foundation shall be required for all accessory dwelling units.

2. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

3. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

4. Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three (3) of the following traits in common with the primary dwelling on-site:

a. Wall covering materials.

b. Wall color.

c. Roofing material.

d. Roofing pitch.

e. Structural eaves.

f. Mass and scale of structure relative to structural height.

g. Window characteristics.

h. Decorative treatments.

5. 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.

6. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multi-family dwelling.

7. Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services.

a. Except as set forth in Section 9.195.050, Subsection (A)(7)(b), 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 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.

b. 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 is being constructed in connection with a new single-family dwelling.

8. Garage Conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B. Occupancy and Conveyance Requirements.

1. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this Section shall be for a term longer than thirty (30) days.

2. Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

A. Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multi-family dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

B. Maximum Number of Detached Accessory Dwelling Units.

1. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

2. When accompanied by a proposed or existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multi-family dwelling.

3. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

C. Floor Area.

1. The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than one thousand two hundred (1,200) square feet.

3. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed one thousand two hundred (1,200) square feet to an amount equal to the square footage of the existing accessory structure to be converted.

D. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

E. Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:

1. For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (0.5) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multi-family dwelling of more than one-story, the maximum height shall be eighteen (18) feet.

2. For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.

3. Height Exceptions.

a. An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

b. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 9.195.050, Subsection (E)(1) to an amount equal to the height of the existing accessory structure to be converted.

F. Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multi-family dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:

1. The detached accessory dwelling unit is located within one-half (0.5) mile walking distance of public transit.

2. The detached accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The detached accessory dwelling unit is converting an existing accessory structure.

4. On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.

5. There is a car share vehicle located within one (1) block of the detached accessory dwelling unit.

G. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

H. Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square foot detached accessory dwelling unit.

A. Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multi-family dwelling.

B. Maximum Number of Detached Accessory Dwelling Units.

1. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

2. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

C. Floor Area.

1. The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

D. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

E. Maximum Height. The maximum height of attached accessory dwelling units shall be two (2) stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

F. Parking. No parking shall be required for the attached accessory dwelling unit.

G. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

H. Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square foot attached accessory dwelling unit.

A. Location. Conversion accessory dwelling units are permitted within the portions of existing multi-family 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.

B. Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multi-family units. However, in no case shall less than one (1) conversion accessory dwelling unit be allowed.

C. Floor Area.

1. The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

D. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

E. Parking. No additional parking shall be required.

A. Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

B. Maximum Number of Junior Accessory Dwelling Units.

1. When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one (1). The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit.

2. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

C. Floor Area.

1. The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2. The maximum floor area shall be five hundred (500) square feet.

D. Parking. No parking shall be required for the junior accessory dwelling unit.

E. Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

F. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

G. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

1. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.

2. Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

H. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

I. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

2. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section.