Modesto Municipal Code § 10-4.114 Accessory Buildings

(a) The Purpose of the Residential Zoning Districts is to ensure that development will result in neighborhoods of stable, desirable character that are well integrated within the fabric of the City, and that are consistent with the goals, objectives and policies of the General Plan. The development regulations contained herein are further established to:

(1) Implement General Plan policy by facilitating residential development and neighborhoods throughout appropriate portions of the City;

(2) Encourage the continued vitality of existing neighborhoods and, where appropriate, encourage the revitalization of neighborhoods through use of appropriate standards and incentives;

(3) Preserve a high degree of compatibility between adjacent residential uses, and between residential and adjacent non-residential uses;

(4) Ensure adequate light, air, privacy and open space for Residential uses;

(5) Encourage a wide variety of residential product types and densities that meet the diverse economic and social needs of all residents;

(6) Implement the policies of the Housing Element of the General Plan by providing areas specifically for the purpose of medium and medium high density multi-family residential housing.

(b) The Intent of each Residential Zoning District is as follows:

(1) The R-1 (Low-Density Residential) zoning district is intended to accommodate lower-density residential development, including accessory structures and uses;

(2) The R-2 (Medium-Density Residential) zoning district is intended to accommodate medium-density residential development, including accessory uses and structures; and,

(3) The R-3 (Medium-High-Density Residential) zoning district is intended to accommodate relatively higher-density residential development, including accessory structures and uses.

The development standards for the residential zones are found in Table 4.1-1. The specific residential development standards provided after the table apply to all residential zones unless otherwise specified.

Table 4.1-1 Residential Development Standards

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3762-C.S., § 1, effective 5-11-23; Ord. No. 3787-C.S. , § 1, effective 1-2-25)

(a) In the R-1 zone, a larger minimum lot area may be required where necessary to maintain compatibility with the existing lots of an established neighborhood, in accordance with the Neighborhood Compatibility Guidelines.

(a) In the R-1 zone, there shall be a maximum density of 10.9 dwelling units per net acre.

(b) In the R-2 zone, there shall be a minimum density of 10.9 dwelling units per net acre, and a maximum density of twenty-two (22) dwelling units per net acre.

(c) In the R-3 zone, there shall be a minimum density of 22 units per net acre, and a maximum density of forty-five (45) dwelling units per net acre.

(d) In the R-2 and R-3 zones, the minimum density shall be provided unless the applicant demonstrates and the Director makes the following findings:

(1) The proposed development is on an existing lot where the lot cannot accommodate a development of the minimum density due to configuration of existing buildings or shape or size of the lot, or

(2) A lower density will not adversely affect the City's ability to accommodate and provide its remaining share of the Regional Housing Needs Allocation for very-low and low-income households based on the remaining acreage of Medium Density Residential (R-2) or Medium-High Density Residential (R-3) zoned land at the time of application, provided, that if an adverse impact as described could otherwise occur, that such impact will be mitigated by one (1) of the following means:

(i) An equivalent parcel of land of the same or greater acreage is provided by the applicant and rezoned to the same or greater density simultaneously, or

(ii) The applicant agrees to construct and covenant for affordable units on the subject site or another site in a number sufficient to ensure no net loss of units based on the minimum density set forth herein.

(Ord. No. 3734-C.S., § 1, effective 10-7-21; Ord. No. 3797-C.S, § 5, effective 6-24-25)

(a) Interior lot width may be reduced to a minimum of forty (40) feet in the R-1 zone and a minimum of fifty (50) in the R-2 and R-3 zones at the front lot line where the front lot line is curved (i.e. lots on cul-de-sacs, elbows, or curvilinear streets), but the minimum width from the front setback line to the rear lot line shall be fifty (50) feet in the R-1 zone (See Figure 4.1-1) and a minimum of sixty (60) in the R-2 and R-3 zones. See Figure 4.1-1. The lot width may also be reduced as allowed in subsection (c) of this section.

(b) Corner lot width may be reduced to a minimum of fifty (50) feet at the front lot line in the R-1 zone for lots on non-perpendicular intersections or when the front lot line is curved, but the minimum width from the front setback line to the rear lot line shall be sixty (60) feet. See Figure 4.1-2.

(c) Flag lots with a minimum width of twenty (20) feet at both the front lot line and front yard setback line may be approved with two (2) findings:

(1) Creation of the lot(s) will enable use of an existing parcel to permitted density.

(2) The existing parcel is of a size and shape that does not allow the creation of standard shaped lots, as determined in accordance with the Neighborhood Compatibility Guidelines.

(d) No building permit shall be issued for a lot approved under subsection (c) above without a recorded subdivision or parcel map.

Figure 4.1-1 Figure 4.1-2

[Figure] [Figure]

(a) On through lots, buildings shall maintain the minimum required front setback on both frontages.

(b) Front yard areas shall be unobstructed with the exception of landscaping unless otherwise provided by this Title.

(c) A trash enclosure up to fifty-two (52) inches in height screening individual cans may be permitted in the front or street side setback where there is no practical alternative, subject to the approval of the Director. Such enclosures shall be located as far from the front or street side property line as feasible and shall fully screen the trash cans.

(d) On corner lots legally created prior to July 7, 1955, the minimum street side setback for a dwelling, accessory building, or fencing is seven and one-half (7.5) feet.

(a) In the R-1 zone, a minimum ten (10) foot setback shall be required for two-story portions of a new dwelling or second-story additions to an existing dwelling where located adjacent to an existing single-story dwelling, and subject to development plan review pursuant to Section 10-4.110. The ten (10) foot setback does not apply where the subject lot and adjacent lot were created by a final map within the past ten (10) years. The required ten (10) foot setback may be reduced to a minimum of five (5) feet if it can be demonstrated that the additional setback is infeasible due to physical constraints and that the reduced setback is consistent with the Neighborhood Compatibility Guidelines as determined by the Director.

(b) Use of a side yard by an adjacent property owner is permitted only in subdivisions where a permanent side yard use easement is granted from one (1) parcel to the adjacent parcel creating a de facto zero lot line subdivision. An example of a de facto zero lot line subdivision is Walnut Tree Estates, located at Walnut Tree Drive and Merle Avenue, the final map for which was filed on May 20, 1981, in Volume 29 of Maps, Page 90, Stanislaus County Records, the special provisions for permanent use of the side yard which were specified in Ord. No. 2286-C.S. approved on September 4, 1984.

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3787-C.S. , § 2, effective 1-2-25)

(a) The minimum rear setback shall be fifteen (15) foot for any building that backs up to a Major Collector, Arterial Street or Expressway.

(b) The minimum rear setback shall be five (5) feet for any garage, carport, or parking space with access off an alley. The garage or carport may be detached or attached.

(c) The minimum rear setback for patio covers opened on three sides shall be five (5) feet, except where the lot backs up to a Major Collector, Arterial Street or Expressway, where the setback shall be ten (10) feet.

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3787-C.S., § 2, effective 1-2-25)

(a) Exceeding the maximum height may be permitted by a conditional use permit for structures occupied by the following uses: church, building or facility operated by a governmental agency, building or facility operated by a utility company. See Section 10-4.401 for height exceptions.

(b) In the R-2 and R-3 zones, all proposed uses or development involving structures which include a second-story component that are subject to development plan review shall be evaluated for compliance with the Multi-Family Residential Design Guidelines and the Neighborhood Compatibility Guidelines.

The following regulations apply to lots located in the R-1 zone and to lots in R-2 and R-3 zones adjacent to the R-1 zone:

(a) All new two-story dwellings and accessory buildings, and all second-story additions to an existing dwelling, balcony, or accessory building, including exterior alterations (such as a new window) to second-story portions of an existing dwelling or accessory building, shall be subject to development plan review by the Director pursuant to Chapter 9, Article 10, for compliance with the Neighborhood Compatibility Guidelines as adopted and amended from time to time by City Council. A proposed project shall be subject to second-story development plan review if the proposed project has any of the following characteristics, as determined by the Director:

(1) The height above grade to top plate line is at any point equivalent to two-stories or sixteen (16) feet or more.

(2) Windows or balconies are provided at a height from which views of a neighboring rear yard and actively used side yard areas are readily visible.

(b) Notwithstanding Section 10-4.110(a), above, projects that meet the following criteria are exempt from second-story development plan review.

(1) The subject lot and adjacent residential lots were created by (a) final subdivision map(s) recorded within the past ten (10) years. The term "adjacent residential lot" in this subsection means each lot zoned or used residentially that share a common property line or is separated by an alley including those which touch only at a corner. See Figure 4.1-3. This may include additional lots if deemed appropriate by the Director.

(2) The proposed second story addition, two-story dwelling, or accessory building will have minimal impact on the privacy and use of neighboring rear yard areas and building massing is consistent with the neighboring dwellings, as determined by the Director.

(3) At least 50 percent of the adjacent lots (see Figure 4.1-4) are occupied by two-story houses.

(c) In the R-2 and R-3 zones, any development of multiple family dwellings adjacent to property zoned R-1 that exceeds one (1) story shall be subject to development plan review by the Director in accordance with Section 10-4.110 (a), except as specifically excepted therein.

Figure 4.1-4

[Figure]

(Ord. No. 3704-C.S., effective 11-7-2019)

Every lot shall have frontage on a street.

If a dwelling(s) is added to a lot with an existing dwelling(s), the existing dwelling(s) shall comply with the Building and Maintenance code prior to occupancy of the additional dwelling(s). The main unit is exempt from this requirement if the added dwelling(s) is an accessory dwelling unit or junior accessory dwelling unit.

(Ord. No. 3722-C.S., § 2, effective 11-5-20)

When considering any building permit or administrative approval, development plan review, conditional use permit, or similar application the Director, Board or Commission, as applicable, shall apply the principles and specifications of the adopted Design Guidelines to the proposed project.

The following regulations provided in Table 4.1-2 apply to accessory buildings in the R-1 Zone or any residential zone where the lot contains only an existing single-family dwelling (SFD). These regulations do not apply to ADUs:

Table 4.1-2 Accessory Buildings Development Standards

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3787-C.S., § 3, effective 1-2-25)

Editor's note— Ord. No. 3762-C.S., § 2, effective May 11, 2023, repealed § 10-4.115, which pertained to accessory dwelling units and derived from Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3734-C.S., § 1, effective 10-7-21.

Editor's note— Ord. No. 3762-C.S., § 2, effective May 11, 2023, repealed § 10-4.116, which pertained to parking, accessory dwelling units and derived from Ord. No. 3722-C.S., § 3, effective 11-5-20.