(A) ADUs shall comply with the following development standards:
(1) ADU type, location and size.
(a) Attached unit. An ADU attached to an existing primary dwelling shall not exceed 50% of the total existing or proposed living area of the primary dwelling.
(b) Detached unit. An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed 1,200 square feet.
(c) ADUs shall have independent exterior access from the primary dwelling. No passageway to the primary dwelling shall be required.
(d) ADUs shall not be required to provide fire sprinklers if they were not required for the primary residence.
(2) JADU Location, Size, and Standards.
(a) A JADU shall be constructed entirely within an existing or proposed primary dwelling and shall not exceed 500 square feet.
(b) JADUs shall have an independent exterior entrance from the primary dwelling but may also include shared access between two units.
(c) A JADU, at a minimum, shall include an efficiency kitchen as defined in § 153.003.
(d) The property owner shall reside in either the principal dwelling unit or the junior accessory dwelling unit.
(e) Prior to the issuance of a building permit for the JADU, the property owner shall file with the city a deed restriction for recordation with the County Recorder, which shall run with the land and include provisions listed in Cal. Gov't Code § 65852.22 and state the following:
The property contains an approved accessory dwelling unit pursuant to Chapter 153 of the Riverbank Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address development regulations, owner occupancy, and lease requirements, limitations on the size of the accessory dwelling unit and parking requirements. Current restrictions and regulations may be obtained from the city of Riverbank planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property.
(3) Setbacks.
(a) Have minimum interior side and rear setbacks of four feet and street side setback of ten feet.
(b) No setback shall be required for an existing living are or accessory structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(c) Setback from structures. Setback from other structures on the parcel shall be consistent with the city-adopted building code.
(4) Height. Not to exceed one story or 16 feet in height, except that an ADU may be constructed above a garage to a maximum height of 35 feet.
(5) Location on parcel. An ADU shall be located within the side or rear yard of the parcel. An ADU shall not be located within the front yard setback.
(B) Compatibility. The ADU should be designed and constructed to be compatible with the existing house as to height, style, materials, and colors.
(C) Access. Doorway access shall be provided either to the side or the rear of the ADU. Direct doorway access to the front yard is prohibited.
(D) Off-street parking.
(1) At least one additional off-street parking space shall be provided for the ADU or per bedroom, whichever is less, unless otherwise exempt under § 153.327(E).
(2) The parking spaces required for the ADU can be in tandem to the required off-street parking of the main dwelling unit, may be uncovered, and can be located within the front yard setback as long as all other yard requirements are met.
(3) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(E) Off-street parking exemption. Off-street parking shall not be imposed in any of the following instances:
(1) The ADU is located within one-half mile walking distance of public transit.
(2) The ADU is located within an architecturally and historically significant historic district.
(3) The ADU is part of the existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.
(F) Mobile homes or manufactured housing. Mobile homes or manufactured housing on permanent foundations shall be permitted as an ADU, only if they are installed on permanent foundations, the mobile home complies with the 1974 National Manufactured Housing Construction and Safety Act, and is ten years or newer. Recreational vehicles, including but not limited to motor homes, travel trailers, tent trailers, fifth wheel trailers, and house boats do not quality as an ADU as defined in this section.
(G) Density. An accessory dwelling or junior accessory dwelling unit is not considered to increase the density of the lot upon which it is located and is a residential use that is consistent with the existing general plan and zoning designation for the lot.
(H) Zoning and building requirements. The ADU shall comply with other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located.
(Ord. 2021-007, passed 12-14-21)