Placer County ADU / Granny Flat Ordinance

http://caladu.org/ordinance/placer-county-12-13-2017.pdf

 

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Before the Board of Supervisors County of Placer, State of California

In the matter of: An Ordinance Amending Placer County Code

Chapter 17, Articles 17.04, 17.06, 17.10,

17.34, 17.46 and 17.48, and repealing and

replacing Article 17.56, Section 17.56.200 Pertaining to Secondary Dwellings

Ordinance No.: 5895-B Introduced:—–

The following Ordinance was duly passed by the Board of Supervisors of the County of Placer at a regular meeting held November 14, 2017, by the following vote on roll call:

Ayes:

Noes:

DURAN, WEYGANDT, HOLMES, UHLER, MONTGOMERY

THE FOREGOING INSTRUMENT IS A CORRECT COPY Of THE ORIGINAL ON FILE INTHIS OFFICE

NONE

Absent: NONE

Signed and approved by me after its passage.

Attest:

Clerk of said Board

AffiST

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THE BOARD OF SUPERVISORS OF THE COUNTY OF PLACER, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Placer County Code Chapter 17, Article 17.04, Section 17.04.030 is hereby amended as follows:

17.04.030 Definitions of land uses, specialized terms and phrases.

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“Secondary dwellings” (land use) means a second permanent dwelling that is accessory to a primary dwelling on a site. A secondary dwelling may be either a detached or attached dwelling unit which 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 or parcels as the primary dwelling. Secondary dwellings also include multi­ generation housing units and are synonymous with accessory dwelling units as defined by Cali fornia Government Code section 65852.2. See Section 17.56.200 for specific use requirements applicable to secondary dwellings .

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SECTION 2: Placer County Code Chapter 17, Article 17.06, Section 17.06.050 is hereby amended as follows:

17.06.050 Land use and permit tables.

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D. Tables. The following tables, and the lists of allowable uses in Sections 17.06.060 et seq., contain the same requirements for allowable uses and land use permit requirements. The tables in this section are for convenience, to simultaneously show all zone districts, the uses allowed within them, and the permit requirements applicable to each use.

ZONE DISTRICTS

AGRICULTURAL, RESOURCE

LAND USE TYPES RESIDENTIAL COMMERCIAL INDUSTRIAL OPEN SPACE Residential Uses RS RM RA RF Cl C2 Cl CPD HS OP RES AP BP IN INP AE F FOR 0 TPZ w

Secondary dwellings (Section 17.56.200) ARP ARP ARP ARP ARP AAP ARP

£ £ £ £ £ £ £

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SECTION 3: Placer County Code Chapter 17, Article 17.10, Section 17.10.010 is hereby amended as follows:

17.10.010 Farm (F).

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B. Allowable Land Uses and Permit Requirements. The following land uses are allowed in the F zone as provided by Section 17.06.050 (Land use and permit tables), subject to the land use permit shown for each use, any applicable specific standards, and all other applicable provisions of this chapter.

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ALLOWABLE LAND USES LAND USE PERMIT SPECIFIC STANDARDS IN SECTION:
Secondary dwellings

17.56.200

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SECTION 4: Placer County Code Chapter 17, Article 17.34, Section 17.34.010 is hereby amended as follows:

17.34.010 Resort (RES).

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B. Allowable Land Uses and Permit Requirements. The following land uses are allowed in the RES zone district as provided by Sections 17.06.030 et seq., (Allowable land uses and permit requirements), subject to the land use permit shown for each use, any applicable specific standards, and all other applicable provisions of this chapter.

ALLOWABLE LAND USES LAND USE PERMIT SPECIFIC STANDARDS IN SECTION:
Secondary dwellings

17.56.200

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SECTION 5: Placer County Code Chapter 17, Article 17.46, Section 17.46.010 is hereby amended as follows:

17.46.01o Residential-forest (RF).

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B. Allowable Land Uses and Permit Requirements. The following land uses are allowed in the RF zone district as provided by Section 17.06.050 (Land use and permit tables), subject to the land use permit shown for each use, any applicable specific standards, and all other applicable provisions of this chapter.

ALLOWABLE LAND USES LAND USE PERMIT SPECIFIC STANDARDS IN SECTION:
Secondary dwellings

17.56.200

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SECTION 6: Placer County Code Chapter 17, Article 17.48, Section 17.48.010 is hereby amended as follows:

17.48.010 Residential multifamily (RM).

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B. Allowable Land Uses and Permit Requirements. The following land uses are allowed in the RM zone district as provided by Section 17.06.030 et seq., (Allowable land uses and permit requirements), subject to the land use permit shown for each use, any applicable specific standards, and all other applicable provisions of this chapter.

ALLOWABLE LAND USES LAND USE PERMIT SPECIFIC STANDARDS IN SECTION:
Secondary dwellings

ARP

,

17.56.200

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SECTION 7: Placer County Code Chapter 17, Article 17.56, Section 17.56.095 is hereby amended as follows:

17.56.095 Farmworker housing.

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D. Maximum Floor Area for Farmworker Dwelling Unit. The maximum floor area allowed shall be based on the area of the lot as follows:

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SECTION 8: Placer County Code Chapter 17, Article 17.56, Section 17.56.180 is hereby amended as follows:

      1. Residential accessory uses.

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        1. General Standards . Residential accessory uses are subject to the provisions of Section

17.56.030 (Accessory buildings and uses). In general, such uses must be incidental to the principal use on the site, and they must be constructed/erected concurrently with or subsequent to the principal use. (The timing of construction of accessory structures is addressed in Section 17.56.020(A)(1)) . Residential accessory structures shall not occupy more than the maxirnum allowable floor area shown in the table below (including any garage, storage area within the garage, workshop, studio, home office, guesthouse, recreation or exercise room, secondary dwelling and other residential accessory structures).

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SIZE OF PARCEL (GROSS ACREAGE) MAXIMUM FLOOR AREA OF GARAGE RESIDENTIAL ACCESSORY STRUCTURES PER
PARCEL Al 0′t1/ED

<1 acre

2,000 sq. ft.

1 acre-2.29 acres

2,400 sq. ft.

2.3 acres-4.59 acres

3,000 sq. ft.

4.6 acres or larger no restriction in size

Note. The limitations on floor area imposed by the chart above are the total cumulative floor area of all residential accessory structures per parcel. See subsection (C)(8) (Tahoe Area Accessory Structures) for standards relating to accessory structures in the Tahoe-Sierra Area.

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SECTION 9: Placer County Code Chapter 17, Article 17.56, Section 17.56.200 is hereby repealed in its entirety and replaced as set forth in Exhibit A, which exhibit is attached hereto and by its reference incorporated in full.

SECTION 10: This ordinance shall take effect and be in full force thirty (30) days after the date of its passage. The Clerk is directed to publish this ordinance, or a summary thereof, within fifteen (15) days in accordance with Government Code section 25124.

Exhibit A: Placer County Code Chapter 17, Article 17.56, Section 17.56.200

EXHIBIT A

      1. Secondary dwellings/multi-generation housing.

When allowed by Section 17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, secondary dwellings are subject to the requirements of this section.

        1. Purpose. The board of supervisors finds that special regulations relating to the establishment and operation of secondary dwellings are necessary in order to implement California Government Code Section 65852.2, which sets forth the requirements for Accessory Dwelling Units (herein referred to as Secondary Dwellings), in a manner that will improve affordable housing and protect the health, safety and general welfare of the residents of Placer County.
        1. Application Contents. The following materials in addition to other information required for a building permit application shall be submitted to the planning department.
          1. On a lot with an existing single-family dwelling, include floor plans and elevations of the secondary dwelling and a representative photograph of the single-family dwelling.
          1. Applications for secondary dwellings on vacant parcels shall include elevations and floor plans for both the primary single-family and secondary dwellings .
        1. Timing of Permit and Construction. A permit for a secondary dwelling may be issued and the unit constructed either simultaneously with or subsequent to the primary single-family dwelling to be constructed on the site.
        1. Design Standards for Secondary Dwellings.
          1. Floor Area. The maximum floor area of a secondary dwelling attached to, or contained within the existing space of the primary single-family dwelling shall not exceed fifty (50) percent of the primary single-family dwelling living area, with a maximum floor area of 1,200 square feet. The maximum floor area for a secondary dwelling detached from an existing single-family dwelling-shall not exceed 1,200 square feet. [Note: “Living area,” for the sole purpose of calculating the maximum floor area of an attached secondary dwelling, means the interior habitable floor area of a dwelling unit, as measured to the outside surface of exterior walls, including habitable basements and attics, but does not include a garage or any accessory structure that was not developed as habitable space.]
          1. Attachment to Residential Accessory Structures. A secondary dwelling may be attached to a residential accessory structure as allowed in Section 17.56.180, as long as the secondary dwelling has a separate entrance with no internal circulation to the attached residential accessory structure, unless said structure is a garage.
          1. Outdoor Covered Area. Covered porches, decks, landing places and similar architectural features may be added to a secondary dwelling structure provided that any such covered feature is open on at least two sides and occupies an area no larger than 25% of the allowable living area of the secondary dwelling.
          1. Appearance of Secondary Dwelling. The secondary dwelling should be subordinate to the primary single-family dwelling, as well as architecturally compatible with the primary single­ family dwelling (e.g., inclusive of complimentary materials, colors, and styles as the exterior of

the primary single-family dwelling, including roof, eaves, windows, accents, and doors). For secondary dwellings attached to a single-family dwelling , the appearance of the building should remain that of a single-family residence.

          1. Parking Requirements. In addition to parking required for the primary single-family dwelling by Article 17.54, one parking space per unit shall be provided on-site for the secondary dwelling. Tandem parking on an existing driveway or in setback areas is permissible. In areas subject to winter snow removal operations, new encroachments onto County-maintained roadways shall be prohibited in order to preserve available snow storage areas. No additional parking is required if the proposed secondary dwelling is:
            1. Within one-half mile of a public transit stop;
            2. Within an architecturally and historically significant historic district;
            3. Within the existing single-family dwelling or an existing residential accessory structure;
            4. In an area where on-street parking permits are required but not offered to the occupant of the secondary dwelling; or
            5. Within one block of a car share vehicle pick-up location.

Notwithstanding Section 17.54.130(8) (Resolution of Conflicts), parking for secondary dwellings in Squaw Valley shall be subject to the parking requirement stated in this section.

E. Occupancy. Either the primary or secondary dwelling on the site shall be owner occupied or rented on a long term basis. This provision is not to be construed as requiring occupancy of one of the dwellings on a continuous basis; rather it requires owner occupancy or long-term rental of one of the units at any one time. For purposes of this section, “long-term rental” is defined as thirty-one (31) consecutive calendar days or more. Failure to comply with this requirement shall be a violation of the County Code and subject to enforcement action by the County. No secondary dwelling may be sold separately from the primary single-family dwelling.

  1. General Development Requirements. The addition of a secondary dwelling shall not cause a parcel to exceed the allowable density of the site. Secondary dwellings are a residential use that is consistent with the existing General Plan and Zoning designation for the lot. See Section 17.56.180 for limitations on the total cumulative square footage of residential accessory structures on parcels of various sizes. Secondary dwellings shall conform to the height, setback, and lot coverage requirements of the applicable zone district, and are subject to residential construction fees and charges, unless exempted by County Code.

No setback shall be required for an existing, permitted garage that is converted to a secondary dwelling (where no expansion is proposed), and a setback of five feet from the side and rear lot lines shall be required for a secondary dwelling that is constructed above an existing, permitted garage.

  1. Deed Restriction. A property owner may deed-restrict a secondary dwelling unit for affordability in order to be exempted from building permit and other specified fees per Section 15 65.140(B)(Affordable housing incentives). Prior to issuance of a building permit for a secondary dwelling, the owner shall record a deed restriction. The declaration shall run with the land and be binding upon the applicant and successor property owners.
  1. Number of Units. No more than one secondary dwelling shall be allowed per parcel.