Chapter 18.62 — ACCESSORY DWELLING UNITS

The intent of this chapter is to provide regulations governing the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) within the unincorporated areas of Merced County that are consistent with Government Code Sections 65852.2 and 65852.22 . (Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)

The provisions of this chapter apply to all parcels in the county that are zoned residential, excluding the M-H zone, connected to public water and sewer or will be connected as part of a project that includes a new single-family dwelling and an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU), and is currently developed or will be developed with a single-family or multifamily dwelling. For the purposes of this chapter, the MU zone shall be considered a residential zone. (Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

The purpose of this section is to provide definitions for the most commonly used terms in this chapter without affecting the meaning of the same terms used in other chapters of this Zoning Code.

Accessory dwelling unit. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit.

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

Accessory structure. A structure that is accessory and incidental to a dwelling located on the same lot.

Efficiency unit. The same meaning as defined in Section 17958.1 of the Health and Safety Code.

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

Local agency. A city, county, or city and county, whether general law or chartered.

Nonconforming zoning condition. A physical improvement on a property that does not conform with the current zoning standards.

Objective standards. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Passageway. A pathway that is not unobstructed, clear to the sky, and extends from a street to one entrance of the accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU).

Proposed dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charges set fares, run on fixed routes, and are available to the public.

Tandem parking. Parking where two or more vehicles are parking on a driveway or in any other location on a lot, lined up behind one another. (Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall comply with the requirements of this chapter and the Building Code. An ADU or JADU that conforms to the standards of this chapter shall:

• A. Be deemed to be an accessory use or accessory building;

• B. Be deemed a residential use that is consistent with the existing General Plan or zoning designation for the parcel;

• C. Not be considered in the application of any local ordinance, policy, or program to limit residential growth;

• D. Not be considered to exceed the allowable density for the parcel upon which the ADU or JADU is located;

• E. Not be required to provide fire sprinklers if they are not required for the primary residence;

• F. Not be required to provide a passageway;

• G. Not be considered to be a new residential use for calculating connection fees or capacity charges for utilities, including water and sewer services, unless the ADU or JADU was constructed with a new single-family dwelling; and

• H. Not be required, as a condition for ministerial approval, to correct nonconforming zoning conditions.

(Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

• A. Ministerial Review. A permit application for an accessory dwelling unit (ADU) or junior accessory dwelling (JADU) may be allowed with ministerial review, approval, and issuance of a Zoning Clearance.

• B. Processing Time. If there is an existing single-family or multi-family dwelling on the parcel, the county shall act on the application to create an ADU or a JADU within 60 days from the date a

complete application is received, unless either:

1. The applicant requests a delay, in which case the 60-day time period shall be tolled for the period of the delay; or

2. The construction of a single-family dwelling is proposed at the same time as a construction of an ADU or a parcel, in which case, the county shall not approve the permit for the ADU prior to the permit for the single-family dwelling and shall not issue the Certificate of Occupancy for the ADU prior to the Certificate of Occupancy for the single-family dwelling.

• C. Impact Fees.

  1. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an ADU that is less than 750 square feet.

     • a. For an ADU that is larger than 750 square feet, any impact fee shall be charged proportionately in relation to the square footage of the primary residence.

  2. A JADU shall not be considered a separate or new dwelling for the purposes of providing service for water, sewer, and/or power.

• (Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

An accessory dwelling unit (ADU) approved under this chapter may take any one of the following forms:

• A. Attached. An ADU may be a new habitable space attached to an existing or proposed singlefamily or multi-family dwelling.

• B. Detached. An ADU may be a new detached habitable structure located on the same parcel as an existing or proposed single-family or multi-family dwelling.

• C. Converted. An ADU may be located within areas converted to habitable space that complies with the California Building Code for a dwelling, such as:

  1. An area within an existing single-family dwelling (e.g., an attached garage); or

  2. An existing accessory structure (e.g., a detached garage or pool house) located on the same parcel as the single-family dwelling.

  3. Portions of existing multi-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

• D. Junior Accessory Dwelling Unit (JADU). A JADU is a dwelling, contained entirely within an existing or proposed single-family dwelling, that is a maximum of 500 square feet in size. A JADU may include separate facilities or may share sanitation facilities with the existing single-family dwelling. JADUs shall comply with Section 18.62.100 (Standards Specific to Junior Accessory Dwellings).

• (Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

For parcels meeting the requirements of Section 18.62.020 (Applicability), the following type and number of accessory dwelling units (ADUs) may be allowed:

• A. Parcels with a Single-Family Dwelling.

  1. The following ADU shall be allowed per parcel with an existing or proposed single-family dwelling:

     • a. One junior accessory dwelling unit (JADU); and

     • b. One attached ADU; or

     • c. One converted ADU; or

     • d. One detached ADU.

• B. Parcels with Multi-Family Dwelling(s).

  1. Converted ADUs. The number of converted ADUs, on a parcel with an existing multi-family dwelling, shall not exceed 25% of the total number of dwelling units.

  2. Detached ADUs. Not more than two detached ADUs may be located on a parcel that contains an existing multi-family dwelling.

• (Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

• A. All General Plan, community plan, or zoning requirements shall be met, except as modified in this section:

  1. Height.

     • a. A detached ADU created on a parcel with an existing or proposed single-family or multifamily dwelling may not exceed 16 feet in height.

     • b. A detached ADU created on a parcel with an existing or proposed single-family or multifamily dwelling that is located within one-half 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, may be up to 18 feet in height; and the height may be an additional two feet (20 feet maximum) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

     • c. A detached ADU created on a parcel with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.

     • d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height of the existing primary dwelling, whichever is lower.

  2. Floor Area.

     • a. The total floor area of a new construction detached ADU shall not exceed 1,200 square feet.

     • b. If there is an existing single-family dwelling on the parcel, the total floor area of an attached or converted ADU shall not exceed 50% of the living area of the existing singlefamily dwelling on a parcel or 1,200 square feet, whichever is less.

     • c. The total floor area of a JADU shall not exceed 500 square feet.

  3. Setbacks.

     • a. When an existing detached accessory structure is converted to a detached ADU, no additional setbacks shall be required.

     • b. When an ADU is constructed above a detached garage, a four-foot side and four-foot rear setback is required.

     • c. No additional setbacks shall be required when a new structure containing an ADU is constructed in the same location (and to the same dimensions as the existing detached accessory structure).

     • d. Four-foot side and four-foot rear setbacks shall be required for new construction detached ADUs.

  4. Material Compatibility. An ADU or JADU entrance shall have the same exterior finish material as the existing or proposed primary dwelling on the parcel.

  5. Roof Form. An ADU or JADU may have the same roof form as the primary dwelling but shall not have a flat roof.

  6. Rental Term. An ADU or JADU may be rented, provided the rental term is at least 30 consecutive days or more. Non-continuous or transient occupancy is prohibited.

  7. Separate Conveyance. An ADU or JADU shall not be sold or otherwise conveyed separately from the principal residence, except when sold to a qualified buyer in accordance with Government Code Section 65852.26 .

  8. Public Services. An ADU or JADU may only be allowed on parcels connected to public water and sewer services.

• a. If the parcel is connected to public water, but not sewer, an ADU shall require the approval from the County Division of Environmental Health. The approval shall indicate the proposed installation of an on-site septic system to serve the ADU complies with County regulations.

• (Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)

Off-street parking shall meet the requirements of Chapter 18.38 (Parking Requirements) of this Zoning Code, except as provided in this section.

• A. A maximum of one additional off-street parking space shall be provided for an accessory dwelling unit (ADU) or per bedroom in an ADU, whichever is less. Parking for an ADU may be provided as tandem parking on an existing driveway or in the front or rear setback areas.

• B. Off-street parking is not required for an ADU or JADU in any of the following instances:

  1. The ADU is a JADU that complies with Section 18.62.060 Standards Specific to Junior Accessory Dwellings);

  2. The ADU is an attached or converted ADU;

  3. The ADU is located within an architecturally and historically significant historic district;

  4. The ADU is located within one-half mile walking distance of public transit;

  5. When on-street parking permits are required but not offered to the occupant(s) of the ADU or JADU:

  6. When there is a car share vehicle located within one block of the ADU or JADU;

  7. When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or JADU or is converted to an ADU; and

  8. When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or JADU, or is converted to an ADU.

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)

The provisions in Section 18.62.080 (Standards Applicable to All Accessory Dwelling Units) shall also apply to junior accessory dwelling (JADUs), except as provided below:

• A. Location. A JADU shall be entirely within the walls of an existing or proposed single-family dwelling.

• B. Number. A maximum of one JADU is allowed per parcel within an existing or proposed singlefamily dwelling.

• C. Size. A JADU shall not exceed 500 square feet in size.

• D. Entrance.

  1. A JADU shall have an entrance that is separate from the main entrance of the existing or proposed single-family dwelling.

  2. A converted ADU or JADU may include an expansion of a maximum 100 square feet beyond the physical dimensions as the existing accessory structure or single-family dwelling. This expansion shall be limited to accommodating ingress and egress from the ADU or JADU.

• E. Kitchen. A JADU shall include an efficiency kitchen which shall include all of the following:

  1. Cooking facilities with appliances; and

  2. Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

• F. Owner Occupancy. The owner shall reside on the property in either the newly created JADU or the remaining portion of the single-family dwelling, unless the owner is a governmental agency, land trust, or housing organization.

• G. No Separate Conveyance. A JADU shall not be sold or otherwise conveyed separately from the single-family dwelling on a parcel. except when sold to a qualified buyer in accordance with Government Code Section 65852.26 .

• H. Deed Restriction. Prior to issuance of a Building Permit, a deed restriction shall be recorded on the property indicating the following:

  1. The size of the JADU is restricted to a maximum of 500 square feet; and the JADU shall contain cooking facilities with appliances and food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU;

  2. The deed restriction shall run with the land and may be enforced against future property owners;

  3. Owner-occupancy is required in either the JADU or the remaining portion of the single-family dwelling; and

4. The JADU shall not be sold or otherwise conveyed separately from the single-family dwelling.

(Ord. 1990 § 1, 2020)

Notwithstanding Chapter 18.94 (Nonconforming Structures) to the contrary, an owner of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that receive a notice to correct violations

or abate nuisance, in relation to the ADU or JADU, may request a delay in enforcement of a building standard, subject to compliance with the Health and Safety Code Section 17980.12 . (Ord. 1990 § 1, 2020)