Zoning Ordinance
Amendment #23-02:
ADU’s, Tiny Homes
on Wheels, Small
Homes Small Lots,
Density Bonus,
Definitions
Merced City Council —September 5, 2023
Leah Brown, Management Analyst
BACKGROUND—SB2 Grant Funded
Projects
In 2019, the City applied for Planning Grants funding In 2020, The City was Awarded $310,000 for various planning policy projects COVID hits the U.S.
In 2022, the project deadline for expenditures was extended to 12/2023. One project was to update Various Zoning Codes and bring them into compliance with current state laws
Zoning Code amendments and additions requires Public Hearings at Planning Commission and City Council meetings
April 2022, City Council discussed and directed ProHousing Policies, signing Resolution 2022-15 – Regional Housing Needs Allocation Unit Production Plan to Support the Production of Affordable Housing
Direction given to add housing options, 12.5% affordable, in-lieu fees, broaden choices for affordable dwelling units and to encourage affordability by design Summary of Changes
Section 20.90.020 Various definitions
updated
Table 20.08-1 Permitted land uses in
residential districts
Section 20.08-020 - Small Houses
Section 20.08-030 – Development
Standards table
Chapter 20.08.040 – Additional dwelling
units on R-1 lots.
Chapter 20.42 Accessory Dwelling Unit
(ADU) - meet State Laws
Tiny Homes on Wheels has been added
into ADUs as an option
Chapter 20.56 - Density Bonus Law
compliance
Section 20.90.020 - Definitions
Duplex Home. A residential structure that contains two (2) dwelling units each with its own entrance. For the purposes of Section 20.90.020, a duplex may be defined as being detached or attached. Each unit within a duplex home provides complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation Small House. A detached, single-family dwelling unit that is between 400 square feet and 1,200 square feet in size. A small house can be a standalone unit on its own lot or there can be multiple small houses on a single lot in one (1) ownership.
Small House Village. Three or more small houses on a single parcel, held as one with a property manager that may have common amenities/parking and private streets (i.e., a multi-family residential development but with detached units).
Tiny Home on Wheels or THOW. A dwelling that provides independent living facilities and meets requirements:
It contains four hundred (400) square feet or less of gross floor area, excluding loft area. It may not exceed fourteen (14) feet in width at the maximum horizontal projection. It is built upon a single chassis with wheels.
It may only be transported upon public highways with a permit issued pursuant to Section 35780 of the Vehicle Code and are constructed to American National Standards Institute (ANSI) A119.5 and National Fire Protection Association (NFPA) 1192 standards and are certified by a qualified third-party inspector with a label of approval such as those provided by the Recreational Vehicle Industry Association.
Table 20.08-1: Permitted
Land Uses in the Residential
Zoning Districts
One addition:
Sections for Small Houses
and Small House Villages in
the table
Small Houses – Permitted in
R-1, R-2, R-3, and R-4
Small House Villages – R-2
with a CUP, permitted in R-3,
R-4
NEW Section 20.08-020 - Small Houses
The purpose:
Increased flexibility in the design and lot size of
new residential development in a manner that
increases housing choices for residents, utilizes
land resources efficiently, and ensures a high-
quality neighborhood.
These standards intend to allow Small Houses as a
form of affordable housing while preserving the
character of residential neighborhoods within the
city.
Encourage the development of single-family
housing with more flexible development standards
to meet housing needs
Section 20.08-030 –
Development Standards table
Updated table – Other
Standards section
Cross reference to Chapter
20.42 – Accessory Dwelling
Standards
Cross reference to Chapter
20.28 – Accessory Structure
Standards
Chapter 20.08.040 –
Additional dwelling units on
R-1 lots.
One addition:
E. Accessory Dwelling Units.
Dwelling Units that meet the
requirements of Chapter
20.42 shall be permitted in R-
1 zoning districts.
Chapter
20-42
Accessory
Dwelling
Units
Chapter 20.42 Accessory Dwelling Units
State ADU Law. Be consistent with state ADU law.
Parking – only one space required, but many exceptions. NO parking required if within ½ mile of public transit
Owners not required to live on-site.
Up to three ADUs per parcel allowed
1 – detached
1 – attached
1- Junior ADU (JADU)
Height limits
Attached – 25 ft or not exceeding the ht of primary
Detached – 16 ft – with exceptions up to 18 ft and up to 20 ft with roof pitch aligning to primary
Section 20.42.030 & Section
20.42.60 Tiny Homes on Wheels as ADUs
New concept for ADUs - THOW
Saves time and $ as an option to
traditional stick-built cottages
Ministerially approved by the Director
Licensed and registered by the CA
Department of Motor Vehichles
ANSI and NFPA certified
Only one per parcel permitted with SFD
Two allowed for MFD, just like other
ADUs
5 Foot Setbacks from rear and side
yards, 6 feet between buildings
Tiny Homes on Wheels as
ADUs…Continued
Not allowed in front exterior yard
Roof pitch must be at least 2:12
Wheels and hitch must be attached and screened from view Under no circumstance shall motorhomes or other RVs serve as a THOW Must be on a paved parking pad
Chapter 20.56 Density
Bonus
State Density Bonus Law. Be consistent with
state DB law.
If any portion of this chapter conflicts with
density bonus law or other applicable state
law, then state law shall supersede this
chapter. Any ambiguities in this chapter shall
be interpreted to be consistent with state
density bonus law.
Defines “Housing development” – shared
housing, residential or mixed-use structure,
with 5 or more housing units
Adjusts Incentives Summary Table to add
more Target Units at Lower-Income
City Council
Actions
- Recommended Approval by Planning
Commission
- Open the Public Hearing
- 2nd Reading, September 18th
- If approved, ordinance changes about
October 18th
Questions?