Nevada County ADU / Granny Flat Ordinance

http://caladu.org/ordinance/nevada-county-01-05-2018.pdf

O R D I N A N C E N O . l L\ L\ \

OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA

AN ORDINANCE AMENDING CHAPTER II OF THE NEVADA COUNTY LAND USE AND DEVELOPMENT CODE AS FOLLOWS: 1) TABLES L112.2.1.B, 2.2.2.B, 2.3.D, 2.4.D, AND

2.6.F OF ARTICLE 2 RELATED TO ACCESSORY DWELLING UNIT (ADU) CONSISTENT TERMINOLOGY AND ALLOWED USES FOR TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING; 2) AMENDING SECTIONS L-11 3.19 AND L-113.19.1 OF ARTICLE 3 RELATED TO ADU TERMINOLOGY AND DEVELOPMENT STANDARDS; 3) SECTION L113.19.2 OF ARTICLE 3 RELATED TO INCLUDING THE MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL (R2) ZONE DISTRICT AS PERMISSIBLE LAND USE FOR SECOND DWELLING UNITS­ CONSISTENT WITH ALLOWED DENSITY; 4) SECTION L11

4.2.5 OF ARTICLE 4 RELATED TO ADU BUILDING SETBACK EXCEPTIONS; 5) SECTION L-114.2.9 OF ARTICLE 4 RELATED TO ADU PARKING CLARIFICATION; AND 6) SECTION L-11

6.1 OF ARTICLE 6 RELATED TO DEFINITIONS FOR TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING (ORD 17-1).

THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA , STATE OF CALIFORNIA , ORDAINS AS FOLLOWS:

SECTION I:

Pursuant to Land Use and Development Code Section LII 5.9.G, the Board of Supervisors hereby finds and determines as follows:

  1. That the zoning text amendment s related to accessory dwelling units (ADUs), and transitional and supportive housing, are necessary to be consistent with Governm ent Code section 65582, and im plement Hou si ng Element Goals (HD8.1), Policies (HD8.1 .1 and E0

8.5.1) and Program s (RC-8.4.4, RC-8.4.7, and E08.5.4), to prov id e for a variety of affordable hou sing types and equ al oppo1tu n ities in al l residential areas and to faci l i tate the establ ish m ent of tran sitional housin g for th e hom eless; and

  1. . That the proposed amendments will not be detrimental to the public interest, health,

safety, conv enience, or welfare of the County, and supports the development of additional, equal opportunity, affordable housing; and

  1. That the proposed ordinance amendm ent is statutori ly exem pt pursu ant to Sections 1506 l (b)(3), 1 5268 and 15282(h) of the Cal ifornia Envi ronm ental Qual ity Act (CEQA) Gu idelines.

SECTION II:

Tables L-II 2.2.1.B, 2.2.2.B, 2.3.D, 2.4.D, and 2.6.F “Allowable Uses and Permit Requirements” of Article 2 of Chapter II of the Land Use and Development Code of the County of

Nevada is hereby amended to read as set forth in Exhibits “A” “B” “C” “D” and “E” attached

hereto and incorporated herein by reference.

SECTION III:

Section L-II 3.19 “Second Dwelling Units” of Article 3 of Chapter II of the Land Use and Development Code of the County of Nevada, is hereby amended as follows:

“Section L-113.19 Accessory and Second Dwelling Units

Accessory and second dwelling units provide an important source of affordable housing. By promoting the development of accessory and second dwelling units, the County may ease a rental-housing deficit, maximize limited land resources and existing infrastructure and assist low and moderate-income homeowners with supplemental income. Accessory and second dwelling units can increase the property tax base and contribute to the local affordable housing stock. An accessory dwelling unit that conforms to the requirements of this Section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existmg general plan and zoning designations for the property on which is it allowed consistent with State Accessory Unit Legislation.”

SECTION IV:

Section L-II 3.19.1 “Accessory-Second Dwelling Units” of Article 3 of Chapter II of the

Land Use and Development Code of the County of Nevada, is hereby amended to read as set forth in Exhibit “F”, attached hereto and incorporated herein by reference.

SECTION V:

Section L-II 3.19.2 “Standards for Second Dwelling Units-Consistent with Allowed Density” of Article 3 of Chapter II of the Land Use and Development Code of the County of Nevada, is hereby amended to add the Medium Density Residential (R2) zoning district as a permissible zone for Second Dwelling Units-Consistent with Allowed Density, as follows:

“Sec. L113.19.2 Second Dwelling Units-Consistent with Allowed Density

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B. Standards. A second dwelling unit, consistent with allowed density, shall be

permitted, regardless of minimum parcel size and zoning densities, on all parcels within the RA, the R l , the R2, the AE, the AG, the FR, and the TPZ zoning districts, where the property is at least twice the minimum lot size, subject to an Administrative Development Permit pursuant to Section L-II 5.5 of the Land Use and Development

Code Chapter II, but not subject to design review , provided the following standards are satisfied:

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SECTION VI:

Section LII 4 .2.5.G “Exceptions to Building Setbacks” of Article 4 of Chapter II of the Land Use and Development Code of the County of Nevada , is hereby amended to include Sec. L-II

4.2.5 .G. 12 as follows:

“Sec. L114.2.5 Building Setbacks

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G. Exceptions to Building Setbacks. Building setbacks must be maximized wherever possible, however, exceptions to setback standards are as follows:

* * * *

    1. Accessory Dwelling Unit. No building setbacks are required for the conversion of a legally permitted, or legal non-conforming, garage or other accessory structure, to an accessory dwelling unit (ADU), provided they have their own exterior entrance and the existing setbacks are sufficient for fire safety. A minimum setback of five feet (5‘) from the side and rear property lines is reguired for any new additions when an ADU is constructed above a legally existing garage or accessory structure.”

SECTION VII:

Table L-II 4.2.9.F.12.b “Required Number of Parking Spaces by Use” of Article 4 of Chapter II of the Land Use and Development Code of the County of Nevada, is hereby amended as follows:

“Table L-11 Table 4.2.9.F.12.b Required Number of Parking Spaces by Use

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Accessory Dwelling Unit 1 space per bedroom, up to 2 spaces. Tandem arkin is allowed . <2l< 3J

Footnote:

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<2l Required parking shall be waived if:

      1. The parcel containing the accessory dwelling unit is located within one-half mile of a public transit stop; or
      2. The accessory dwelling unit is located within the Historic Preservation (HP) combining zone or formally determined eligible for listing in the National Register of Historic Places and the California Register of Historical Resources; or
      3. The accessory dwelling unit is part of a legally existing single-family dwelling or accessory structure; or d. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e. A car share vehicle is located within one-quarter mile of the property in which the accessory dwelling unit is located.

< 3l If a garage or carport that provides required parking space(s) for the primary unit is demolished or converted in conjunction with the construction of an accessory dwelling unit, the required spaces shall be replaced .”

SECTION VIII:

Section L-II 6.1 Definitions of Article 6 of Chapter II of the Land Use and Development Code of the County of Nevada, is hereby amended to include the following definitions for supportive housing and transitional housing:

“Sec. L-11 6.1 Definitions

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-S-

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SUPPORTIVE HOUSING Housing with no limit on the length of stay, that is occupied by the target population (persons with disabilities or families who are homeless) , and that is linked to onsite and offsite services that assist the SUJ?portive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community. Supportive Housing can take the form of a single family or multifamily residential unit(s) and shall be permitted in the same manner applied to the same single or multi-family residential use type in the same zone.

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-T-

TRANSITIONAL HOUSING Buildings configured as rental housing developments, but operated under program requirements that reguire the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional Housing can take the form of a single family or multi-family residential unit(s) and shall be permitted in the same manner applied to the same single or multi-family residential use type in the same zone.

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SECTION IX:

If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and adopted this ordinance and each section,

sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION X:

This Ordinance shall take effect and be in full force thirty (30) days from and after introduction and adoption, and it shall become operative on the \d.\-\‘\ day of October, 2017, and before the expiration of fifteen (15) days after its passage it shall be published once, with the names of the Supervisors voting for and against same in the Union, a newspaper of general circulation printed and published in the County of Nevada.

PASSED AND ADOPTED by a majority vote of the Board of Supervisors of the County of Nevada at a regular meeting of said Board, held on the 12th day of September, 2017, by the following vote of said Board:

Ayes: Supervisors Heidi Hall, Edward Scofield, Dan Miller, Hank Weston , and Richard Anderson.

Noes: None .

Absent: None.

ATTEST:

J ULIE PATTERSON HUN TER

Clerk of the Board of Supervisors

9/ 12/2017 cc: GIS*

Union* COB*

CoCo* QC* Plamtin g*

Absta i n : None .

Exhibit A

Table L-11 2.2.1.B

Single-Family Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements:

A Allowed subject to zoning compliance and building permit issuance

DP Development Permit required per Section 5.5

UP Use Permit required per Section 5.6

NP Not Permitted

NA Not Applicable

Varies Refer to listed L-11 Section for allowable uses and permit requirements

ALLOWABLE LAND USES (See Section L-11 1.4.D for Slmilar. Uses)

RA

R1

I

L-11

Sections

,.
Residential Uses
Community Care Facilities for 6 or fewer people including, but not limited to, residential care and social rehabilitation facilities, and alcoholism and drug abuse recovery or treatment facilities.

A

A

Community care facilities for more than 6 people including, but not limited to, residential care and social rehabilitation facilities , and alcoholism and drug abuse recovery or treatment facilities, and alcoholism and drug abuse recovery or treatment facilities, allowing a maximum 10 clients in the R 1 district, and 12 clients in the R2 and R3 districts; and in the R1, R2 and R3 districts where the facility is federally funded , registered sex offenders are excluded as clients.

NP

UP

Day Care Home, small family (8 or fewer children)

A

A

Day Care Home, large family (9 to 14 children)

DP

DP

3.9

Day Care Center (more than 14 children)

UP

UP

Dwelling, Single-Family (including Transitional and Supportive Housing)

A

A

Dwellings, MultipleFamily (including Transitional and Supportive Housing)

UP

UP

3. 17

Dwelling, Accessory Unit

A

A

3.19. 1
Dwellings, Second Units consistent with allowed density

DP

DP

3.19.2
Dwelling Groups, consistent with allowed density

UP

UP

Employee Housing

A

A

3.10
Dwellings, Duplexes, Duets and Four-plexes (11

A

A

Mobilehome Parks (must include MH District)

UP

UP

2.7.4
Residential accessory uses and structures including, but not limited to, private greenhouses, private garages or carports, private kennels, swimming pools, fences, walls, and owner/add ress signs.

A

A

Residential Guest Quarters

A

A

3. 18

Temporary Model Homes

A

A

3.12

Temporary use of a mobilehome or an RV during dwelling construction where there is a valid building permit for a dwelling

A

A

3. 15

Commercial Uses
ALLOWABLE LAND USES (See Section L-11 1.4.D for Similar. Uses)

RA

II R1

ll

Sections

Bed & Breakfast Inns

UP

UP

3.5

Cemetery

UP

NP

Community meeting and social event facilities

UP

UP

3.7

Home Businesses

A

A

3.11

Medical clinics and medical support services, non-profit

UP

UP

Parking facilities not attached to a specific use Varies Varies 2.7.10
Medical Marijuana Dispensary

NP

NP

.\l

Industrial Uses

None Listed
Agricultural, Resource, and Open Space Uses

;

Agricultural uses and structures including, but not limited to, equipment storage structures, packing facilities for products grown on-site, wholesale plant nurseries, private stables .

A

NP

3.3

Field Retail Stand and Farm Stand

A

NP

3.3

Animal keeping and raising Varies Varies

3.4

Certified Farmers Markets

DP

NP

3.3

Crop and tree farming

A

A

3.3

Mining, Mineral Exploration Varies Varies 3.22.D.2
Mining, subsurface

UP

UP

3.21
Mining, surface vent and escape shafts for subsurface mining.

UP

UP

3.22

Power plants, private, non-commercial biomass, cogeneration, and small hydroelectric.

UP

UP

Stables, commercial

UP

NP

Wineries

A

NP

3.24

Wildlife Rehabilitation Facilities

DP

NP

3.26

Woodyard

UP

NP

Institutional and Public Uses
Antennae , minor and certain non-commercial

A

A

3.8

Churches

UP

UP

3.7

Communication Towers

UP

NP

3.8

Emergency services (including fire and ambulance stations)

UP

UP

Public utility uses and structures Var ies Varies

3.14

Schools

UP

UP

ALl!..OWABEE LAND USES (See Section L-H 1.4.P·for. Slmilar Uses)

R.41

R1

1:.-11

Sectloos

Temporary Staging Areas for public road projects

Parks and Playgrounds

UP

UP

UP

UP

Trails, Pedestrian and Equestrian

A

A

4.1.8

Footnote:

( 1) Duplexes, duets and four-plexes may be allowed in Community Regions consistent with underlying General Plan/Zoning densities and minimum water and sewage disposal requirements.

Exhibit B

Tab le L-11 2.2.2.B

Multi-Family Districts Allowab le Uses and Permit Requirements

Key to Land Use Permit Requirements :

A Allowed subject to zoning compliance and building permit issuance

DP Development Permit required per Section 5.5

UP Use Permit required per Section 5.6

NP Not Permitted

NA Not Applicable

Varies Refer to listed L11 Section for allowable uses and permit requirements

ALLOWABLE LANE> USES (See Section L-11 1.4.D for, Similar Uses)

R2

R3

L·ll Sections
.

Residential Uses

Community Care Facilities for 6 or fewer people including, but not limited to , residential care and social rehabilitation facilities, and alcoholism and drug abuse recovery or treatment facilities .

A

A

Community care facilities for more than 6 people including, but not limited to , residentia l care and social rehabilitation facilities, and alcoholism and drug abuse recovery or treatment facil ities, and alcoholism and drug abuse recovery or treatment facilities, allowing a maximum 10 clients in the R 1 district , and 12 clients in the R2 and R3 districts; and in the R1, R2 and R3 districts where the facility is federally funded, registered sex offenders are excluded as clients .

UP

UP

Community Care facilities for 7-12 people, including, but not limited to , residential care and social rehabilitation fac ilities, and alcoholism and drug abuse recovery or treatment facilities where the facility is federa lly funded and where registered sex offenders are excluded as clients .

UP

UP

Day Care Home, small family (8 or fewer children)

A

A

Day Care Home, large family (9 to 14 children)

DP

DP

3.9

Day Care Center (more than 14 children)

UP

UP

Dwelling, Single-Family (including Transitional and Supportive Housing)

A

NPl1l
Dwellings , Multiple-Family (including Transitiona l and Supportive Housing)

DP

DP

3.17

Dwelling, Accessory Unit

A

NP<1l 3.19.1
Dwelling, Second Units-Consistent With Allowed Density

DP

NP

3.19.2
Dwelling, Single Room Occupancy (SRO)

UP

UP

Emergency shelter housing for 6 or fewer people

A

A

Residential Uses (cont’d)
Emergency shelter housing for more than 6 people

UP

UP

Mobilehome Parks (must include MH District)

UP

UP

2.7 .4
Residential accessory uses and structures including, but not limited to, private greenhouses, private garages or carports, private kennels, swimming pools, fences, walls, and owner/address signs

A

A

Rooming and boarding houses

UP

UP

Senior citizen and disabled housing facilities

UP

UP

3.20

Commercial Uses