Article 4 — Chapter 17.36 — Tuolumne County Zoning Code

ACCESSORY DWELLING UNITS

Sections:

17.36.010 Purpose. 17.36.020 Locations Permitted. 17.36.030 Permit Required. 17.36.040 Junior Accessory Dwelling Units. 17.36.050 Development Standards. 17.36.060 Other Provisions. 17.36.070 Code Enforcement. 17.36.080 Compliance with State Law.

Purpose . The purpose of this Chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units in compliance with Government Code Section 65852.2.

discretionary review or a hearing, in accordance with Section 65901 or 65906 of the Government Code and all local ordinance provisions regulating the issuance of variances or specialuse permits, as follows.

On Single-Family Lots.

Locations Permitted. Accessory dwelling units and junior accessory dwelling units are allowed in districts zoned to allow single-family or multifamily uses, subject to the permit requirements of applicable zone districts and compliance with the development standards of this Chapter.

Permit Required . An accessory dwelling unit may be attached to or detached from an existing or proposed single-family or multifamily dwelling upon the issuance of a permit in accordance with this Chapter. An attached accessory dwelling unit may also be attached to or placed within attached or detached garages, storage areas, or an accessory structure. A junior accessory dwelling unit must be within the walls of the primary single-family dwelling, including, but not limited to, an attached garage. Alternatively, the one allowed junior accessory dwelling unit may also be combined with a detached accessory dwelling unit.The Director shall approve a permit for an accessory dwelling unit and/or junior accessory dwelling unit meeting the development standards of this Chapter and consistent with Section 65852.2 of the Government Code.

A. Processing of Permit. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without

a. An attached accessory dwelling unit shall be allowed subject to the following:
- i. The accessory dwelling unit can be within the enclosed, conditioned space of a proposed or existing singlefamily dwelling or new construction attached to the primary single family dwelling.
- ii. The unit has exterior access from the proposed or existing singlefamily dwelling.

iii. The floor area shall not exceed 50% of the floor area of the existing or proposed single family dwelling.

b. A junior accessory dwelling unit shall be allowed subject to the following:

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i. May include an expansion of not more than 150 square feet beyond the current physical dimensions of the existing accessory structure solely to accommodate ingress and egress. Here and throughout Chapter 17.36, square footage can be measured from the interior walls.

c. A detached, new construction, accessory dwelling unit on a lot with a proposed or existing single-family dwelling.
d. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph a.i. for the purposes of a single permit.

On Multifamily Lots.
- a. Multifamily structures may be allowed accessory dwelling units in a total amount of up to 25 percent of the number of total principal units entitled on the property. At least one accessory dwelling unit must be allowed.
- b. Accessory dwelling units may be provided within the portions of existing multifamily 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. If the existing

multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, the County shall not require any modification to the existing multifamily dwelling to satisfy these requirements. The County shall not reject an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet. No more than two accessory dwelling units may be detached from a primary multifamily structure.

B. The County will review and issue demolition permits for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit.

C.The County shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. In addition, an existing nonconforming residential structure can become an ADU and the County cannot require the correction of nonconforming zoning.

D. Timing
1. The County shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the County receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application is denied, within the 60 day timeframe, the County will

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return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. If the County does not act within 60 days, the application shall be deemed approved.

new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the County may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the County acts on the permit application to create the

Figure 17.36.1

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Figure 17.36.2

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E. The County shall not issue a certificate of occupancy for an accessory dwelling unit before the certificate of occupancy is issued for the primary residence (Ord. 3471 § 11, 2024).

Junior accessory dwelling units. In addition to complying with Government Code Section 65852.2, junior accessory dwelling units shall comply with the following:

A. When a junior accessory dwelling unit is permitted, the owner must reside on the property. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owneroccupancy shall not be required if the owner is a governmental agency, land trust, housing organization, or other 501(c)(3) organization.

B. A junior accessory dwelling unit may not be detached from the proposed or existing primary residence.

C. A junior accessory dwelling unit shall not exceed 500 square feet of conditioned and unconditioned space.

D. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing primary residence. A junior accessory dwelling unit that does not include a separate bathroom shall also include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

E. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include:

A cooking facility with appliances; and
A food preparation counter and storage cabinets that are of useable size.

F. Parking shall not be required as a
condition to permit a junior accessory dwelling unit.

G. No subdivision of this County Code of Ordinances shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to

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determine if a junior accessory dwelling unit complies with applicable development standards.

H. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the County Counsel that includes the following:

A prohibition of the sale of the junior accessory dwelling unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling units.

structure, and a setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an attached or detached garage.

E. Except as otherwise provided in this Chapter, the accessory dwelling unit shall not increase an existing or create a new encroachment upon any required side or rear yard space, increase building height or coverage beyond the standards prescribed for the district in which it is located, or decrease the distance between structures that is required.

F. No passageway or entrance within view of a street shall be required in conjunction with the construction of an accessory dwelling unit.

G. An accessory dwelling unit shall include a maximum of one kitchen and a minimum of one bathroom.

H. Both the existing or proposed singlefamily or multifamily residence and the accessory dwelling unit shall contain laundry connections within them.

I. Fees

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Development Standards . The

following development standards shall apply to all accessory dwelling units.

A. The living area of a detached accessory dwelling unit shall not exceed 1,200 square feet. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary residence's living area, with a maximum increase in floor area of 1,200 feet.

B. A detached accessory dwelling unit shall not exceed 16 feet in height and shall be set back at least four feet from side and rear property lines, except that up to an additional 2 feet may be allowed if required to align with the roof pitch of the primary dwelling. If the detached accessory dwelling unit is within onehalf mile walking distance of a major transit stop or is part of a multifamily multistory building, its height shall not exceed 18 feet.

C. An accessory dwelling unit attached to the primary dwelling shall not exceed 25 feet in height or the height limitation in the zoning code for the zone where the accessory dwelling unit is located, whichever is lower. Attached accessory dwelling units shall not exceed two stories.

D. No setback shall be required for an existing living area, garage, or other accessory structure that is converted to an accessory dwelling unit (or portion of accessory dwelling unit) with the same dimensions as the existing

Notwithstanding any provision to the contrary contained in this code (or in any code adopted by reference in this code), an accessory dwelling unit may be connected to the county sewerage system through a side sewer shared with the existing residence on the site, or it may have its own side sewer. In either case, the connection of the accessory dwelling unit to the county sewerage system is subject to the requirements of this Chapter 17.36, including obtaining applicable permits, paying connection charges (where applicable), and paying user charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water, electricity, sewer, and other utilities as defined. Separate metering of utilities is not required for attached accessory dwelling units but is required for detached accessory dwelling units.

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Fees will be charged for the construction of accessory dwelling units in accordance with Title 3 of the Tuolumne County Code of Ordinances and state law. The County, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Impact fees include school fees. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
A connection fee shall not be collected for water, sewer, power, or other utility for a junior accessory dwelling unit.

J. Fire sprinklers are not required for accessory dwelling units if they are not required for the existing or proposed single-family or multifamily residence. Construction of an accessory dwelling unit shall not trigger a requirement that fire sprinklers be installed in the existing primary dwelling.

For purposes of fire or lifeprotection regulations, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

K. An accessory dwelling unit may be rented, but it shall not be offered for sale apart from the principal unit, nor shall the lot or parcel be subdivided to create a separate building site unless approved pursuant to the subdivision ordinance of this County. No accessory dwelling unit may be offered for rental terms of less than 30 days.

Notwithstanding Section 17.36.050.K, the County may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all the following apply:
- a. The property was built or developed by a qualified nonprofit corporation.
- b. There is an enforceable restriction on the use of

the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit that satisfies all the requirements of paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

c. The property is held pursuant to a recorded tenancy in common agreement that includes all the following provisions:

i. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

ii. A repurchase option that requires the qualified buyer first offer the qualified nonprofit corporation the opportunity to buy the property if the buyer desires to sell or convey the property.

iii. A requirement that the qualified buyer occupy the property as the buyer’s principal residence. iv. Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for lowincome housing for 45 years for owneroccupied housing

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units and will be sold or resold to qualified buyer.

d. A grant deed naming the grantor and grantee and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
e. Notwithstanding any provisions in Section 17.36.050 of this code, if requested by a utility providing service to the primary residence, the accessory dwelling unit shall have a separate water, sewer, or electrical connection to that utility.

L. Except as otherwise provided in this Chapter, accessory dwelling units shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing.

M. Parking
1. ```
     Additional off-street parking shall not be required of an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot. 
```
2. Parking provided shall not exceed one space per unit or per bedroom, whichever is less. Such additional space may be a tandem space in a driveway or off-street within setback areas provided in locations approved by the County. Tandem parking and the location of off-street
parking within setback areas shall be approved by the County unless specific findings can be and are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.
1. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.
1. No additional off-street parking spaces shall be required for accessory dwelling units in locations meeting the following criteria:
- a. The unit is located within one-half mile walking distance of public transit.
- b. The unit is located within a historic district.
- c. The accessory dwelling unit is part of a proposed or existing primary residence or accessory structure.
- d. On-street parking permits are required but not available to the occupant of the accessory dwelling unit.
e. There is a car-share vehicle located within one block of the accessory dwelling unit.

Other Provisions.

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A. This section shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

B. No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under Chapter 17.36.

C. Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing

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document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

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Code Enforcement. The code

enforcement officer shall from time to time conduct a review of accessory dwelling units within the county. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions:

A. A code enforcement officer may report: 1. A change in ownership of the lot or parcel of land on which the residential units are situated.
1. A change in the occupancy of the residential units that is not in compliance with this section.

B. A code enforcement officer may issue to an owner of an accessory dwelling unit a notice to correct a violation of any provision of any building standard or any failure to comply with this section. The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

The accessory dwelling unit was built before January 1, 2020
The accessory dwelling unit was built on or after January 1, 2020; however, at the time the unit was built, the County had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

C. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in Section 17.36.070, may submit an application to the County requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

The County shall grant an application described in Section 17.36.070.C if it is determined that correcting the violation is

not necessary to protect health and safety. In making this determination, the Director or designee shall consult with the code enforcement officer, building official, and/or the State Fire Marshal or designee pursuant to Section 13146 of the Health and Safety Code.

The County shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the County before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to Section 17.36.070.C.1. If upon such review it appears that in a particular case a violation of the provisions of this Chapter has occurred, the code enforcement officer may take such action as deemed necessary by the County Counsel to correct any violation.

     The County shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the County makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This prohibition does not apply to a building that is deemed substandard under specified provisions of law.

Compliance with State Law. This section is intended to comply with the requirements of Section 65852.2 of the Government Code and any amendments thereto. All accessory and junior accessory dwelling units approved by this section are deemed to not exceed the allowable density for the lot upon which the accessory dwelling unit is

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located, and accessory and junior accessory dwelling units are a residential use that is consistent with the existing General Plan and zoning designations for the lot.

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