Merced County Municipal Code Ch. 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 currently developed or will be developed with a single-family or multi-family dwelling and an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). For the purposes of this chapter, the MU zone shall be considered a residential zone. In the event there is a discrepancy between Chapter 18.62 and the approved California State Accessory Dwelling Unit Development Standards on ADUs (Gov.'t Code § 66314), State law shall supersede.

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024; Ord. 2062, 6/2/2026)

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:

An efficiency unit.

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 single-family 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 types 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; and

c. One converted ADU; and

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. Up to eight detached ADUs, as long as the number of ADUs does not exceed the number of existing units on the property. (SB1211)

(Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024; Ord. 2062, 6/2/2026)

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

B. All ADUs, as defined by California Government Code Section 66323, that are located within the unincorporated areas of Merced County, are subject to the design and development standards listed in California Government Code Sections 66314 and 66321.

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024; Ord. 2062, 6/2/2026)

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall not be subject to off-street parking requirements except where authorized and permitted by California Government Code Section 65852.2 or successor statutes. No replacement parking shall be required when existing parking spaces, garages, carports, driveways, or uncovered parking areas are converted to or demolished in conjunction with the construction of an ADU or JADU.

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2062, 6/2/2026)

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 single-family 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 150 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 junior accessory dwelling unit has separate sanitation facilities or if 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; Ord. 2062, 6/2/2026)

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)