Glenn County ADU / Granny Flat Ordinance

http://caladu.org/ordinance/glenn-county-10-23-17.pdf

ORDINANCE NO. 1263

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF GLENN, STATE OF CALIFORNIA, AMENDING TITLE 15 OF THE GLENN COUNTY CODE REGARDING SECOND DWELLING UNITS

WHEREAS, the California Legislature enacted Senate Bill 1069 and Assembly Bill 2299 amending California Government Code Section 65852.2 effective January 1, 2017 to reduce barriers on building accessory dwelling units, expand the supply of affordable housing throughout California and streamline the approval of accessory dwelling units within local jurisdictions ;and

WHEREAS, Glenn County currently has in place a permissive , ministerial permitting process for accessory dwelling units,also known as second dwellings, consistent with the requirements of existing State law since January 1,2017; and

WHEREA S, the changes to the Glenn County Code, through this Ordinance, are declaratory of existing law; and

WHEREAS, the Housing Element of the Glenn County General Plan, approved by the California Department of Housing and Community Development, requires that Glenn County provide assurances of choice for housing locations by accommodating a full range of housing types for all income levels and to address or remove existing constraints to housing development.

NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF GLENN ORDAINS AS FOLLOWS:

SECTION 1: The Board of Supervisors finds that all of the facts, findings, and conclusions set forth above in this Ordinance are true and correct and incorporated herein by this reference.

SECTION 2: Section 15.175 is hereby added to read as follows:

SECOND DWELLING

Sections:

15.175.010 Purpose

15.175.020 Standards

15.175.010 Purpose

This section establishes the procedures for the permitting of second dwellings in Glenn County.

15.175.020

A. A proposed second dwelling shall be permitted only after an application has been

filed with the planning authority.

  1. All proposed second dwellings shall meet the standards in Chapter 15.590.
  2. After a determination by the planning director that the proposed second dwelling meets all applicable standards, the application shall be approved.

SECTION 3: Section 15.020.020, subsection (D)(l 1) is hereby amended to read as follows:

11.“Dwelling, second” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second dwelling includes the following:

  1. an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

SECTION 4: Section 15.310.020 is hereby amended to read as follows:

Permitted Uses

The following uses and structures shall be permitted in the RZ zone:

A. One single-family dwelling or mobilehome for each one hundred sixty acres, private farm buildings and accessory buildings and uses (refer to mobilehome standards);

  1. Home occupations if a permit is secured pursuant to Chapter 15.780;
  2. Crop and tree farming, grazing, animal husbandry, dairies, nurseries and greenhouses for the propagation of plants;
  1. Riding clubs, golf courses and country clubs;
  2. Parks and recreation facilities for day use only (excluding recreational vehicle and trailer parks and amusement parks);

F. Food and beverage service and concession facilities (excluding restaurants);

G. Recreation offices, headquarters, maintenance facilities and workshops;

H. Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises; provided, that there shall be no more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed three hundred square feet, and it shall be set back from the street or highway right-of-way a distance of at least twenty feet. Such stand must be of good frame construction.

I. One second dwelling subject to Chapter 1S.175.

SECTION 5: Section 15.310.040 is hereby amended to read as follows:

Uses Permitted with an Administrative Permit

The following uses and structures may be permitted only if an administrative permit has first been secured:

A. Natural gas wells.

SECTION 6: Section 15.320.020 is hereby amended to read as follows:

Permitted Uses

The following uses and structures shall be permitted in the FA zone:

  1. One single-family dwelling or mobilehome for each one hundred sixty acres, private farm buildings, accessory buildings, and uses. (refer to mobilehome standards);
  2. Home occupations if a permit is secured pursuant to Chapter 15.780;
  3. Growing and harvesting forest products;
  4. Logging and sawmill operations and accessory buildings and uses;
  5. Growing and harvesting of any agricultural crop or product;
  6. The use of implements of husbandry, including aircraft when used in the growing of crops or raising of animals, except as may be regulated by other laws or regulations;
  7. Game preserves and hunting clubs, private or public, but shall not include permanent facilities such as hotels, motels, restaurants, club houses;
  8. Agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers;

I. Temporary landing of aircraft engaged in agricultural uses;

  1. Livestock farming, including the raising, feeding, maintaining and breeding of horses, cattle, sheep, goats and similar livestock;
  2. Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises;

L. The keeping of fowl and animals shall conform to all other provisions of law governing same. No pen, coop, stable, barn or corral used for fowl and animals shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation, or within one hundred feet of the front lot line of the lot upon which it is located, or within twenty-five feet of the street side of a comer lot, or within one hundred feet of any parcel of land used for a public park, school or similar institution;

  1. Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises, provided that there shall be not more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed three hundred square feet and it shall be set back from the street or highway right-of-way a distance of at least twenty feet. Such stand must be of good frame construction;

  2. Windmills, tank houses, buildings or shelters for farm equipment and machinery, water wells, water reservoirs and storage tanks.
  1. One second dwelling subject to Chapter 15.175.

SECTION 7: Section 15.320.040 is hereby amended to read as follows: Uses Permitted with an Administrative Permit

The following uses and structures may be permitted only if an administrative permit has

first been secured:

    1. Natural gas wells;

B. Agricultural Homestay Establishment.

SECTION 8: Section 15.330.030 is hereby amended to read as follows:

Permitted Uses

The following uses and structures shall be permitted in the AE zone provided that the performance standards in Division 4, Part 1 are met:

A. One single-family dwelling or mobile home per each parcel of land;

B. In addition to the residence allowed under paragraph (A) above for each parcel of land, one additional residence or mobile home for each forty (40) acres in AE-20″ and eighty (80) acres in “AE-40;

  1. Any use listed within this section which exceeds any development or performance standard required by this zoning code shall require a conditional use permit;

  2. Growing and harvesting of any agricultural crop or product;
  3. The use of implements of husbandry including aircraft when used in the growing of crops or raising of animals, except as may be regulated by other laws or regulations;

  4. Game preserves and hunting clubs, private or public, but shall not include permanent facilities such as hotels, motels, restaurants, club houses;

  5. Agricultural service establishments primarily engaged in performing agricultural

animal husbandry services or horticultural services to farmers;

  1. Temporary landing of aircraft engaged in agricultural uses;
  2. Livestock farming, including the raising, feeding, maintaining and breeding of horses, cattle, sheep, goats, and similar livestock;

    1. Agricultural processing plants and facilities, such as hulling operations, greenhouses, wineries, silos, dehydrators, canneries and similar agricultural uses not exceeding the standards in Division 5, Chapter 740;

K. Accessory buildings such as garages, carports, lath houses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure;

L. Home occupations if a permit is secured pursuant to Chapter 15.780;

  1. Storage of materials used for the construction of a building, including the contractors temporary office, provided that such use is on the building site or immediately adjacent thereto and provided further that such use shall be pennitted only during the construction period and the 30 days thereafter;

  2. Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises;

0. The keeping of fowl and animals shall conform to all other provisions of law governing same. No pen, coop, stable, barn or corral used for fowl and animals shall be kept or maintained within fifty (50) feet of any dwelling or other building used for human habitation, or within one hundred (100) feet of the front lot line of the lot upon which it is located, or within twenty-five (25) feet of the street side of a comer lot, or within one hundred (l 00) feet of any parcel of land used for a public park, school or similar institution;

  1. Stands for the purpose of displaying and selling agricultural , floricultural or farming products which are grown or produced on the premises, provided that there shall be not more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed 300 square feet and it shall be set back from the street or highway right-of-way a distance of at least 20 feet. Such stand must be of good frame

construction;

  1. Windmills, tank houses, buildings or shelters for farm equipment and machinery, water wells, water reservoirs and storage tanks;

R. Seasonal Fann worker Housing which meets the Seasonal Farm worker Housing Standards as set forth in Chapter 15.800 and approved for such use pursuant to Title 25 of the California Code of Regulations. Seasonal Farm worker Housing shall also conform to such public health, building, and fire safety criteria as may be established by resolution or ordinance of the Board of Supervisors.

S. One second dwelling subject to Chapter 15.175.

SECTION 9: Section 15.330.050 is hereby amended to read as follows:

Uses Permitted With an Administrative Permit

The following uses and structures may be permitted only if an administrative permit has first been secured:

  1. Natural gas wells;
  2. Home occupation not in residential dwelling for parcels of at least 10acres or more in size;
  3. Agricultural Homestay Establishment.

SECTION 10: Section 15.340.020 is hereby amended to read as follows:

Permitted Uses

The following uses and structures shall be permitted in the AT’ zone:

  1. One single-family dwelling or mobilehome per parcel of land (refer to mobilehome standards);
  2. Growing and harvesting of any agricultural crop or product;
  3. Growing and harvesting of field-crops, grain and hay crops, and the growing of grass for pasture and grazing;

  4. Fish fanning operations for the raising and harvesting of fish as a crop, but not including fishing clubs or fishing for the general public on a commercial basis;

  5. Agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers;

  6. Accessory buildings such as garages, carports, lath houses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used m conjunction with and incidental to a principal use or structure;

  7. Home occupations, if a permit is secured pursuant to Chapter 15.780 of this title;
  8. Storage of materials used for the construction of a building, including the contractor’s temporary office; provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be pennitted only during the construction period and the thirty days thereafter;

I. Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises;

J. The keeping of fowl and animals shall conform to all other provisions of law governing same. No pen, coop, stable, barn or corral used for fowl and animals shall be kept or maintained within fifty feet of any dwelling, or other building used for

hwnan habitation, or within one hundred feet of any parcel of land used for a public park, school or similar institution;

K. Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises; provided that there shall be no more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed three hundred square feet, and it shall be set back from the street or highway right-of-way a distance of at least twenty feet. Such stand must be of good frame construction;

  1. Windmills, silos, tank houses, buildings or shelters for farm equipment and

machinery, water wells, water reservoirs and storage tanks.

  1. One second residence subject to Chapter 15.175.

SECTION 11:Section 15.340.040 is hereby amended to read as follows: Uses Permitted with an Administrative Permit

The following uses and structures may be permitted only if an administrative permit

has first been secured:

A. Home occupation not in residential dwelling for parcels of at least 10 acres or more in size.

SECTION 12:Section 15.350.020 is hereby amended to read as follows: Permitted Uses

The following uses and structures shall be permitted in the REzone:

A. One single-family dwelling or mobilehome per parcel of land (refer to mobilehome standards);

B. In addition to the residence allowed under subsection A above for each parcel of land,

one additional residence or mobilehome for each five acres;

C. Growing and harvesting of any agricultural crop or product;

D. Growing and harvesting of field crops, grain and hay crops, and the growing of grass for pasture and grazing;

  1. Fish farming operations for the raising and harvesting of fish as a crop, but not including fishing clubs or fishing for the general public on a commercial basis;

  2. Agricultural service establislunents primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers;

  3. Accessory buildings such as garages, carports, lath houses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure;

H. Home occupations if a permit is secured pursuant to Chapter 15.780;

  1. Storage of materials used for the construction of a building, including the contractor’s temporary office; provided, that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be pennitted only during the construction period and the thirty days thereafter;

  2. Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises

  3. The keeping of fowl and animals shall conform to all other provisions of law

governing same. No pen, coop, stable, barn or corral used for fowl and animals shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation, or within one hundred feet of any parcel of land used for a public park, school or similar institution;

  1. Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises, provided that there shall be not more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed three hundred square feet, and it shall be set back from the street or highway right-of-way a distance of at least twenty feet. Such stand must be of good frame construction;

M.Windmills, silos, tank houses, buildings or shelters for farm equipment and machinery, water wells, water reservoirs and storage tanks.

N. One second dwelling subject to Chapter 15.175.

SECTION 13:Section 15.350.040 is hereby amended to read as follows: Uses Permitted with an Administrative Permit

The following uses and structures may be permitted only if an administrative permit

as first been secured:

  1. Administrator collector’s pennit subject to standards in Section 15. 770.
  2. Home occupation not in residential dwelling for parcels of at least 10 acres in size. (Ord. 1183 § 2, 2006)

SECTION 14: Section 15.360.020 is hereby amended to read as follows: Permitted Uses

The following uses and structures shall be permitted in the RE-NW zone:

A. One single family dwelling or mobilehome, accessory buildings and uses, and home occupations per each parcel of land;

B. Crop and tree fanning, nurseries and greenhouses for the propagation of plants;

C. Private stables; provided, such stables shall not be closer than twenty five feet to any street or property line;

D. Publicly owned parks and playgrounds and public schools and buildings when placed in conformance with the general plan;

E. Locations of underground utility installations, and of aboveground utility installations for local service; except that locations for substations, generating plants, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line must be discussed in detail with the planning commission prior to acquisition;

  1. Animal husbandry and livestock farming subject to the following requirements:
    1. For each horse or head of cattle over one year of age there must be twenty thousand square feet, or
  1. For each head of swine over twelve weeks of age there must be forty thousand square feet, or
  2. For each head of sheep or goats there must be ten thousand square feet, and
  3. Poultry and rabbit farming not to exceed fifty chickens or fifty rabbits per

forty thousand square feet.

  1. Major and minor auto repair of vehicles which are not owned or operated by occupants of the property. If such repair causes a nuisance or visual blight in the neighborhood, a conditional use permit shall be required.

  2. One second dwelling subject to Chapter 15.175.

SECTION 15:Section 15.360.040 is amended to read as follows:

Uses Permitted with an Administrativ e Permit

The following uses and structures may be permitted only if an administrative permit has first been secured:

A. The permit shall be posted in the plarming authority for ten (10) days prior to issuing the permit.

B. Home occupation not in residential dwelling for parcels of at least 10 acres or more in size.

SECTION 16: Section 15.370.030 is hereby amended to read as follows:

Permitted Uses

The following uses and structures are permitted in the R-1″ zone:

A. One single-family dwelling or mobilehome per parcel of land;

B. Accessory buildings such as garages, carports, lath houses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principa l use or structure;

  1. One home occupation per dwelling unit, if a permit is secured pursuant to Chapter 15.780;

  2. Storage of materials used for the construction of a building, including the contractor’s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such shall be permitted only during the construction period and 30 days thereafter; .

  3. Major and minor auto repair of vehicles which are not owned or operated by occupants of the property. If such repair causes a nuisance of visual blight in the neighborhood, a conditional use permit shall be required;

  4. One hobby kennel when accessory to a permitted principal use and not used for commercial purposes. No more that one hobby kennel is permitted per parcel of land.

  5. One second dwelling subject to Chapter 15.175.

SECTION 17: Section 15.370.050 is hereby amended to read as follows:

Uses Permitted with an Administrative Permit

The following uses and structures are permitted only if an administrative permit has first been secured:

  1. Collection of five or fewer antique or hobby accumulation vehicles, subject to the requirements of chapter 15. 770;

  2. One commercial hobby kennel when accessory to a principal permitted use. No more

than one hobby kennel , commercial or otherwise, is pennitted per lot.

SECTION 18: Section 15.380.030 is hereby amended to read as follows:

Permitted Uses

The following uses and structures shall be permitted in the R-M zone:

  1. Single-family detached dwellings;
  2. Multifamily dwellings and apartments;
  3. Accessory buildings such as garages, carports, lath houses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjwiction with and incidental to a principal use of structure;

  4. Home occupation if a pennit is secured pursuant to Chapter 15.780;
  5. Storage of materials used for the construction of a building, including the contractors temporary office; provided, that such use is on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and the thirty days thereafter.

  6. One second dwelling subject to Chapter 15.175.

SECTION 19:Section 15.460.020 is hereby amended to read as follows: Permitted Uses

The following uses and structures shall be permitted in the AP zone:

  1. One single-family dwelling for each parcel ofland;
  2. Second dwelling per each parcel of land subject to Chapter 15.175 providing that such dwelling may only be occupied by relatives of the owner or by employees who work on the property;

  3. Accessory buildings such as garages, carports, greenhouses, gardening sheds, recreation rooms, storage of petrolewn products for the use of persons residing on the property and any other structures that are customarily used in conjunction with and incidental to a principal use or structure;

  4. Home occupations as defined in Chapter 15.780;
  5. Growing and harvesting of fruit and nut trees, vines, vegetables, horticultural specialties and timber;

  6. Growing and harvesting of field crops, grain and hay crops, and the growing of grass

for pasture and grazing;

  1. Livestock fanning, including the raising, feeding, maintaining and breeding of horses, cattle, sheep, goats and similar livestock;

  2. Operation of apiaries and dairies;

I. Curing, processing, packaging, packing, storage and shipping of agricultural products; however, those particular operations, uses and structures which create smoke, fumes, dust, odor and other hazards may be permitted only if a conditional use permit is first secured;

J. Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises. Structures such as barns, stables, coops, tank houses, storage tanks, wind machines, windmills, silos and other farm buildings;

K. Grune preserves and hunting clubs, private or public, but shall not include permanent

facilities such as hotels, motels, restaurants, club houses;

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L. Agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farms;

  1. Temporary landing of aircraft engaged in agricultural uses;
  2. Dehydrators but not for the general public on a commercial basis;

0. Stands for the purpose of displaying and selling agricultural, floricultural or fanning products which are grown or produced on the premises; provided, that there shall not be more than one stand per parcel of land.The stand shall be set back from the street or highway right-of-way a distance of at least twenty feet. Such stand must be of good frame construction;

P. Seasonal farmworker housing which meets the Seasonal Fannworker Housing Standards as set forth in Chapter 15.800 and approved for such use pursuant to Title 25 of the California Code of Regulations. Seasonal farmworker housing shall also conform to such public health, building, and fire safety criteria as may be established by resolution or ordinance of the board of supervisors.

SECTION 20: Section 15.470.020 is hereby amended to read as follows: Permitted Uses

The following uses and structures shall be permitted in the FS” Zone:

A. One single-family dwelling for each parcel of land;

B. Second dwelling subject to Chapter 15.I 75 providing that such second dwelling may only be occupied by relatives of the owner or by employees who work on the property;

C. Accessory buildings to the single-family residence such as garages, carports, greenhouses, gardening sheds, recreation rooms and other structures which are customarily used in conjunction with a single-family residence;

  1. Home Occupations as defined in Chapter 15.780;
  2. Growing and harvesting of fiuit and nut trees, vines, vegetables, horticultural specialties and timber;

F. Growing and harvesting of field crops, grrun and hay crops, and the growing of grass for pasture and grazing;

G. Livestock farming, including the raising, feeding, maintaining and breeding of horses, cattle, sheep, goats and similar livestock;

H. Operation of apiaries and dairies. (Refer to drury standards);

I. Curing processing, packaging, packing, storage and shipping of agricultural products;

J. Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises. Structures such as barns, stables, coops, tank houses, storage tanks, wind machines, windmills, silos, and other fann buildings;

K. Game preserves and hunting clubs, that do not include permanent facilities or buildings;

  1. Temporary landing of aircraft engaged in agricultural uses;
  2. Seasonal Farmworker Housing which meets the Seasonal Farmworker Housing Standards as set forth in Chapter 15.800 and approved for such use pursuant to Title 25 of the California Code of Regulations.