Chapter 17.195 — ACCESSORY DWELLING UNITS

The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

(Ord. 247, 1/15/2025)

Accessory dwelling units (as defined by Government Code Section 66313 ), including junior accessory dwelling units (as defined by Government Code Sections 66333-66339), shall be a permitted use on all lots in single-family and multifamily residential zones, provided the accessory dwelling unit complies with the development standards of this chapter. Accessory dwelling units shall be constructed in compliance with the City's single-family and multifamily residential objective design standards and guidelines. Accessory dwelling units may be attached to, or located within a proposed

or existing primary dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, (referred to herein as an "attached" accessory dwelling unit) or may be detached from the proposed or existing primary dwelling (referred to herein as a "detached" accessory dwelling unit). Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling. (Ord. 247, 1/15/2025)

• A. An accessory dwelling unit shall not be constructed without first obtaining a building permit from the Chief Building Official.

• B. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

• (Ord. 247, 1/15/2025)

An application for an accessory dwelling unit permit shall be made in writing to the Chief Building Official on forms provided by the Building Department, and shall be accompanied by a minor or major development permit and filing fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. The Chief Building Official shall distribute the application and minor or major development permit to the Planning and Engineering departments for review. The minor or major development permit shall include the following information:

• A. Name and address of the applicant and the name and address of the property owner, if different. If a junior accessory dwelling unit is proposed, evidence that the premises upon which the accessory dwelling unit is proposed is owner-occupied shall also be provided.

• B. Assessor's parcel number of premises upon which the accessory dwelling unit is proposed.

• C. Sufficient detail clearly describing the following:

  1. Physical dimensions of property;

  2. Location and dimensions of all existing and proposed structures;

  3. Location and dimensions of all easements, wells, septic tanks, leach lines, existing seepage pits, drainage structures and utilities;

  4. Location, dimensions and names of all clear adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts;

  5. Setbacks from all property lines;

  6. Methods of circulation, including ingress and egress, access, yards, drives, parking areas, landscaping, walls or fences;

  7. Topography of the property;

  8. A description of walls, landscaping, architectural treatments and other methods which will be used to ensure that the accessory dwelling unit will be compatible with the neighborhood;

  9. A written statement as to whether the accessory dwelling unit shall be used for family members or for rental purposes; and

10. Such additional information as required by the Chief Building Official to make an appropriate determination regarding issuance or denial of the application.

(Ord. 247, 1/15/2025)

Except as provided in Section 17.195.060 , accessory dwelling units must comply with the following development standards:

• A. An accessory dwelling unit shall only be permitted in residential zones and on a lot with an existing or proposed single-family or multifamily residence, and comply with the following setback standards:

  1. A minimum distance of 10 feet shall be maintained between an accessory dwelling unit and any other structure on the lot.

  2. The following minimum setbacks shall be met for lots two acres or smaller:

     • a. The minimum front yard setback shall be 20 feet.

     • b. The minimum side yard setback shall be four feet.

     • c. The minimum rear yard setback shall be four feet.

     • d. The maximum building height shall be 25 feet.

  3. The following minimum setbacks shall be met for lots two acres or greater:

     • a. The minimum front yard setback shall be 20 feet.

     • b. The minimum side yard setback shall be four feet.

     • c. The minimum rear yard setback shall be four feet.

     • d. The maximum building height shall be 25 feet.

  4. An existing garage or other accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit is not subject to these setback requirements. This shall also apply when the existing accessory structure is demolished an accessory dwelling unit is constructed in the same location and to the same dimensions as the demolished structure.

  5. An accessory dwelling unit up to 800 square feet may be constructed in the street yard setback if it is determined by the Chief Building Official that an 800 square foot accessory dwelling unit cannot be constructed anywhere else on the property and outside of the fourfoot side and rear setbacks.

• B. The size of a detached accessory dwelling unit shall be a maximum of 1,200 square feet in size.

• C. Where an attached accessory dwelling unit is proposed for an existing primary dwelling unit, the total floor area of the attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling.

• D. An accessory dwelling unit shall comply with the following parking standards regardless of the zone district:

  1. One off-street parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to any existing off-street parking.

  2. The parking space may match the existing parking surface of the principal dwelling unit.

  3. Off-street parking shall be provided in front of the accessory dwelling unit which may be in the rear yard setback area and/or through tandem parking, unless parking in these areas is not feasible based upon specific site, topographical or fire safety conditions.

  4. If a garage or covered carport is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit, no replacement offstreet parking is required to be provided for those spaces.

• E. The parking standards in subsections (D)(1) through (4) above shall not apply in any of the following instances:

  1. The accessory dwelling unit is located within one-half mile of public transit;

  2. The accessory dwelling unit is located within a state or locally designated historic district;

  3. The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure;

  4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

  5. When there is a "car-share vehicle" located within one block of the accessory dwelling unit.

• F. The proposed accessory dwelling unit shall be subject to the City's development impact fees for single-family residential units if it is 750 square feet or larger. However, development impact fees for accessory dwelling units that are 750 square feet or larger shall be charged proportionately in relation to the square footage of the primary dwelling unit.

• G. Construction of an accessory dwelling unit shall not require that fire sprinklers be installed in any existing primary dwelling.

• H. The architectural design of the ADU shall meet adopted objective design standards or guidelines, if any, and shall match the design of the primary dwelling, as determined by the Community Development Director or designee, using objective design standards or guidelines, if any.

• I. The accessory dwelling unit may be rented separately from the primary residence. Except as otherwise provided in Government Code Section 66341 , no ADU may be sold or otherwise conveyed separately from the primary residence.

• J. The lot on which an accessory dwelling unit is located shall have an existing or proposed onefamily detached dwelling unit on the premises.

• K. An attached accessory dwelling unit shall have an independent exterior access separate from the primary dwelling unit, and cannot be accessed from the interior of the primary dwelling unit.

• L. A detached accessory dwelling unit may be located in front of the primary dwelling unit if it is compatible with the neighborhood, provided it maintains a minimum front setback of 20 feet, and only where the placement of the accessory dwelling unit at the rear or side portion of the lot would be impractical due to the location of the of the primary dwelling unit or topography of the site.

• M. Any accessory dwelling unit placed more than 150 feet from a public right-of-way shall be required to provide "all-weather access" for emergency vehicles as required by the Riverside County Fire Department.

• N. An accessory dwelling unit shall comply with the health requirements for water and sewerage as required by the appropriate agency. An applicant shall also be required to provide verification from the appropriate water and sewerage district that their requirements have been complied with prior to the issuance of building permits.

• O. An applicant for an accessory dwelling unit shall be required to provide a will-serve letter from the applicable water agency stating that the appropriate water and sewerage availability and capacity exists for the unit.

Figure 17.195.050-1 Detached Accessory Dwelling Unit

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Figure 17.195.050-2 Accessory Dwelling Unit — Attached to an Accessory Structure

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Figure 17.195.050-3 Accessory Dwelling Unit Above Detached Garage

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(Ord. 247, 1/15/2025; Ord. 256, 11/12/2025)

Junior accessory dwelling units must comply with the following standards in addition to the standards in Section 17.195.050 . To the extent there is any conflict between the standards in Section 17.195.050 and the standards in this section, this section shall take precedence.

• A. One junior accessory dwelling unit may be permitted per lot not to exceed 500 square feet in size. The lot must be zoned for single-family residences and a single-family residence must exist or be proposed for the lot.

• B. A lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary residence. This requirement shall not apply if the owner is another governmental agency, a land trust, or a housing corporation.

• C. A deed restriction that runs with the land must be recorded and a copy filed with the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than 500 square feet.

• D. A junior accessory dwelling unit must be constructed within the walls of a proposed or existing single-family residence.

• E. A junior accessory dwelling unit must have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling unit and cannot be accessed from the interior of the primary dwelling unit.

• F. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

• G. The provision of additional off-street parking is not required for a junior accessory dwelling unit. (Ord. 247, 1/15/2025)

The City shall ministerially approve an application for a building permit for an accessory dwelling unit that meets any of the following criteria outlined below without requiring an accessory dwelling unit permit or applying the standards contained in Section 17.195.040 .

• A. One accessory dwelling unit or junior accessory dwelling unit per lot that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or existing accessory structure if the following standards are met:

  1. For units proposed with an existing dwelling or accessory structure, there is no expansion of the physical dimensions of the existing structure, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress.

  2. The accessory dwelling unit has independent exterior access.

  3. The side and rear setbacks are sufficient for fire and safety.

  4. For junior accessory dwelling units, it complies with the requirements of Section 17.195.050 .

• B. One detached new construction accessory dwelling unit per lot with a proposed or existing single-family dwelling if the following standards are met:

  1. The side and rear setbacks are at least four feet.

  2. The total square footage of the accessory dwelling unit is no more than 800 square feet.

  3. The height of the unit is no more than 16 feet if the primary dwelling is less than 16 feet high.

  4. The unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155 , may be up to 18 feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

  5. The unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories.

  6. The existing or proposed single-family dwelling on the lot may contain a junior accessory dwelling unit that complies with subsection A of this section, but it may not contain an accessory dwelling unit that does not qualify as a junior accessory dwelling unit.

• C. Multiple accessory dwelling units 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, provided that the total number of accessory dwelling units permitted by this subsection does not exceed 25% of the existing multifamily dwelling units.

• D. Two detached accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, provided that the units are no higher than 16 feet and meet a four-foot rear and side yard setback.

• (Ord. 247, 1/15/2025)

An accessory dwelling unit shall not be permitted in those areas of the City which have significant problems with regard to water availability or water quality, sewage disposal or other public health or safety concerns. The prohibited areas include, but are not limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose a development moratorium.

(Ord. 247, 1/15/2025)

• A. Upon acceptance of an accessory dwelling unit application for a lot where there is an existing or proposed single-family or multifamily dwelling, the Chief Building Official shall review, approve an application, and issue a building permit for an accessory dwelling unit within 60 days after receiving a complete application provided all applicable requirements of this chapter have been met.

• B. The Chief Building Official may deny the application for an accessory dwelling unit at the end of 60 days if the applicant has not met the requirements of this chapter. If the Chief Building Official denies an application for an accessory dwelling unit permit the Chief Building Official shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied.

• C. An application for an accessory dwelling unit permit and/or a building permit for an accessory dwelling unit where there is no existing single-family dwelling shall be approved or denied concurrently with the permit application to create the new single-family dwelling.

• (Ord. 247, 1/15/2025)

Pursuant to the authority provided by Section 65852.21(f) of the Government Code, notwithstanding any other provision in this chapter, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved for the lot pursuant to Chapter 16.72 (Urban Lot Splits) herein. (Ord. 247, 1/15/2025)