McFarland Municipal Code Ch. 17.12 R-1 Zone

The regulations set forth in this chapter shall apply to the R-1 one-family dwelling zone unless otherwise provided in this title.

(Ord. 109 § 4.00, 1969)

Permitted uses are as follows:

A. One-family dwellings.

B. The accessory buildings and structures necessary to such use located on the same lot or parcel of land, including a private garage, the capacity of which shall not exceed three automobiles.

C. A home occupation permit is also required even if the resident is maintaining a mailing address for commercial and business license purpose only, even if no stock in trade, supplies, professional equipment, apparatus or business equipment are kept on the premises, and even if no employee or assistants are engaged for the services on the premises and, except as otherwise provided in this chapter, no signs are displayed.

D. One unlighted sign of not to exceed one-half square foot in area attached to and parallel with the front wall of the building, and containing only the name and title or occupation of the occupant.

E. One sign of not to exceed four square feet in area advertising the premises for sale, lease or rent, located not nearer than ten feet to adjoining premises, not nearer than five feet to a street line.

F. One temporary sign of not to exceed six square feet in area giving the name of the contractors, engineers and architects during construction period.

G. Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening.

H. Except as otherwise described herein, pheasants, rabbits, chinchillas or similar fur-bearing animals, provided that not more than two of any one or combination of such animals may be maintained on one lot; two dogs; and chickens and roosters, provided that no more than four of any one or combination of such animals may be maintained on one lot. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals nor any pen or coop shall be kept or maintained with thirty feet of any window or door of any residence, dwelling or other building used for human habitation or within one hundred feet of the front lot line of the lot upon which it is located, or within twenty-five feet of the street side of a corner lot, or within one hundred feet of any public park, school, hospital or similar institution.

I. Where a dwelling exists, prior to the passage date of the ordinance codified in this title, on the rear half of the lot and at least seventy-five feet back of the front line, an additional dwelling may be constructed and maintained on the front half of the lot, provided there shall be a minimum distance of twenty feet between the dwellings.

J. A trailer may be used or occupied as a temporary dwelling for a period not to exceed ninety days in any one-year period.

K. Oil and gas drilling and production shall be permitted by the planning commission if a conditional use permit has been secured from the planning commission for such purposes, as provided in Section 17.140.040. Provided, however, that nothing in this section shall be construed to require the planning commission to issue such a permit, except as provided in Section 17.140.040.

L. Additional uses may be permitted by the planning commission according to the provisions of Section 17.152.020.

M. Manufactured homes shall be permitted provided that the proposed manufactured home complies with the following requirements:

1. The manufactured home shall be certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. - Section 5401 et seq.); and

2. The manufactured home shall be installed on a permanent foundation system pursuant to Section 18551 of the California Health and Safety Code; and

3. The manufactured home is no older than ten years from the date application is made for an installation permit; and

4. The manufactured home has a width greater than sixteen feet; and

5. The manufactured home complies with the following architectural requirements:

a. A minimum three-twelfths (three inches vertical to twelve inches horizontally) roof pitch; and

b. Shingles customarily utilized in the construction of conventional single-family dwellings; and

c. A minimum one-foot eave around the entire perimeter of the manufactured home as measured from the vertical wall surface; and

d. Nonreflective siding material customarily utilized in the construction of conventional single-family dwellings which shall extend to ground level; and

e. Siding material utilized as skirting shall be the same in construction materials, composition, and color as the siding material utilized on the exterior wall surface of the manufactured home.

N. Supportive and transitional housing, provided that they comply with all the applicable development standards required by Chapter 17.134, Development Standards.

Any uses allowed in the R-1 zone are allowed in the R-2, R-3 and R-4 zoning districts.

(Ord. 260 § 1, 1993; Ord. 227 § 1, 1989; Ord. 179 § 2, 1979; Ord. 109 § 4.01, 1969)

(Ord. No. 288-2004, § 1, 6-17-04; Ord. No. 003-2009, § 1(1, 2), 7-9-09; Ord. No. 008-2011, § 1(A), 4-14-11; Ord. No. 042-2014, § 1, 2-12-15; Ord. No. 0004-2022, § 4, 2-10-22)

Two and one-half stories and not to exceed thirty-five feet.

(Ord. 109 § 4.02, 1969)

A. There shall be a front yard of not less than twenty-five feet, except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five feet from the front property line of buildings facing a side street on a corner lot shall not be counted.

B. The front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from the official plan line or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 4.03, 1969)

There shall be a side yard on each side of a main building of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 4.04, 1969)

There shall be a rear yard behind every main building of not less than five feet.

(Ord. 109 § 4.05, 1969)

The minimum lot area shall be six thousand square feet per dwelling unit, provided, however, that when a lot has less area than required in this section and was recorded at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one dwelling unit. In no case shall more than forty-five percent of any lot be covered by buildings or structures.

(Ord. 109 § 4.06, 1969)

A. There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

B. There shall be a minimum distance of six feet between accessory buildings.

(Ord. 109 § 4.07, 1969)

A. Purpose and Application. This section is intended to establish a procedure to allow new secondary residential units on existing lots in the one-family residential (R-1), estate (E), or light agriculture (A-1) zones that already contain a legally established principal dwelling unit. This section also sets forth development criteria through a conditional use permit procedure for secondary residential units in these zones. The legislation for secondary residential units on one-family lots is in accordance with Sections 65852.1 and 65852.2 of the Government Code and Section 21080 of the Public Resources Code, relating to housing. Pursuant to Government Code Section 65852.2(b), secondary residential units are deemed to be in conformance with the density limitations established by the general plan land use category applicable to the area within which the unit is located.

B. Definitions. As used throughout this section, the following definitions are included:

1. Residence, One-Family. "One-family residence" means a building designed for and used to house not more than one family. A one-family dwelling may include a second unit subject to the provisions of conditional use permit approval which shall meet the requirements of this section.

2. Secondary Residential Unit. "Secondary residential unit" means either a detached or attached dwelling unit which provides complete, independent living facilities for one or more related persons. It shall include permanent provisions for living, sleeping, eating, and sanitation on the same parcel or parcels as the primary unit is situated.

C. Establishment of Secondary Residential Unit. A secondary residential unit may be established by any one of the following methods:

1. Alteration of interior space of an existing dwelling;

2. Conversion of an attic, basement, garage, or other previously uninhabited portion of a dwelling or accessory structure;

3. Addition of a separate unit onto an existing dwelling;

4. Construction of a separate structure on a lot in addition to an existing principal dwelling.

D. Development Criteria. No secondary residential unit may be established unless it complies with the following standards:

1. The secondary residential unit may be occupied by family members, guests, servants or employees of the property owner, or used as a rental unit. The second unit cannot be sold.

2. The lot on which the secondary residential unit is to be established shall be a minimum of seven thousand five hundred net square feet in area and shall not be subdivided unless it meets the minimum requirements for subdivision.

3. The existing principal dwelling on the lot shall contain a minimum of one thousand one hundred square feet.

4. Only one secondary residential unit may be created per legal lot.

5. The total floor area of the secondary residential unit may not exceed nine hundred square feet or fifty percent of the total floor area of the existing principal dwelling, whichever is greater. The minimum size for a second dwelling unit is at least six hundred forty square feet.

6. The secondary residential unit shall contain separate kitchen and bathroom facilities and have a separate entrance.

7. The existing principal dwelling on the lot shall be occupied by the property owner.

8. The secondary residential unit shall comply with the development standards for the zone in which it is located, including front-, rear-, and side-yard setbacks, minimum distance between structures, height limits but excluding minimum lot area per dwelling unit standards.

9. Off-street parking for the secondary residential unit shall be provided in accordance with Section 17.144.020 of the McFarland Municipal Code.

10. The secondary residential unit shall be constructed in accordance with the provisions of Title 15 of the McFarland Municipal Code and other codes as adopted by the city in regard to room size, plumbing, heating and electrical equipment.

11. The secondary residential unit shall be constructed in such a manner as to be compatible with the existing principal dwelling unit and neighborhood in terms of design, height, material and landscaping.

12. The principal entrance to the secondary residential unit shall not be visible from the street.

13. The secondary residential unit shall comply with applicable health standards and shall be approved by the Kern County director of health.

14. Mobile homes shall not be utilized as secondary residential units nor shall secondary residential units be permitted for lots where the existing principal dwelling is a mobile home.

15. There shall be metered water service, sewer, and other essential services to maintain the second unit. Water service shall be provided to the satisfaction of the McFarland Mutual Water Company. An additional charge for refuse collection and sewer service and the payments of utilities shall be the responsibility of the property owners.

16. The second unit shall not materially reduce the privacy otherwise available to residents of adjoining properties and shall not create a nuisance.

17. Additional requirements or conditions may be added as deemed necessary to assure that the second unit will not, under the circumstances or particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or the general welfare of the city.

E. Secondary Residential Unit Plot Plan Review and Approval. No secondary residential unit may be established until an application for a conditional use permit (CUP) has been submitted to and approved by the planning commission and city council.

1. Application Contents. Application for a conditional use permit for a secondary residential unit shall include the following:

a. Name and address of the applicant;

b. Name and address of property owner;

c. Address of the existing principal dwelling on the lot on which the secondary residential unit is to be established;

d. Assessor parcel number or legal description of the property;

e. Floor area of the existing principal dwelling and of the proposed secondary residential unit;

f. Plot plan drawn at scale specified by the city planner, including the following: property line and lot dimensions; location of all existing buildings and accessory structures; location of the proposed secondary residential unit; location of all easements; location of existing and proposed parking area; north arrow;

g. Photographs accurately showing property on which the secondary residential unit is to be constructed and properties adjacent to side property lines.

2. Review and Approval. The CUP application shall be reviewed and approved in accordance with the procedures set out in Section 17.152.010 of the McFarland Municipal Code.

F. Permit Revocation and Modification. Any permit issued pursuant to this section may be revoked or modified pursuant to Section 17.160.010 and/or any other provision contained in the McFarland Municipal Code

(Ord. 268 § 2, 1993)