Shasta County ADU / Granny Flat Ordinance

http://caladu.org/ordinance/shasta-county-11-16-2017.pdf

 

ORDINANCE NO. sec 2017-05

AN ORDINA NCE OF THE BOARD OF SUPERVISORS OF

THE COUNTY OF SHASTA ADDI NG SECTION 17.88.132, “ACCESSORY DWELLING UNITS” TO TH E SHASTA COUNTY CODE, TITLE 17,

ZONING PLAN

The Board of Supervisors of the County of hasta ordai ns as follows:

SECTION I.

Section 17.88. 132 is added to the Shasta County Code to read in i ts en ti rety as follows:

17.88.132 Accessory dwelling units.

  1. Intent. The purpose of this section is to:
    1. Provide additional housing options for fami l y members. students, the elderly. in­ home health care providers. the disabled. veterans and others, in existing urban, suburban and rural residential areas without substantially changing the use, appearance, or character of a neighborhood.

    2. Comply with Government Code Section 65852.2 and the provisions of the Shasta County General Plan that encourage a variety of housing opportunities for all income levels.

  1. Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this section:

I . ·‘Accessory dwelling unit mean s an attached or detached residential dwelling uni t which provides independent l iving facilities for one or more persons on the same parcel on which the one-family residence is situated. Accessory dwelling uni t shall include permanent living, sleeping, eating. cooking, and sanitation facil ities.

  1. “Department” means the Shasta County Resource Management Department.
  1. ·‘Director’· means the Director of the Resource Management Department or designee.

  2. Living space means the im proved interior habitable’ area within a dwelling un it utilized for living. sleeping, eating. cooking, bathi ng, washing and sanitation purposes.

  3. ··onefam i ly residence” means the pri mary onefamily residence lawfu lly established on the same lot as the proposed Accessory Dwelli ng Unit.

Ord inance No. SCC 2017-05 eptember 19. 20 17

Page 2 of 6

  1. ..Short term rental’· as used in this section means the rental of any legally permitted dwelling uni t or port i on thereof for occupancy for dwelling, lodgi ng or sleeping purposes for a period of less than 30 consecutive calendar days.

C. Applicability. An accessory dwelling uni t may be established in any zone district which permits a one-family residence by ri ght, and in the Mixed Use (MU) d istrict provided that all required permit s have been secu red for the one-family residence, subject to all appl icable provisions of thi s section .

  1. General Provisions. Ifthe provisions of thi s section conflict with other provisions of the County Code, the provisions of this section shall govern. The following general provisions shall apply to Accessory Dwelling U nits:

    1. Num ber of Units. There shall be no more than one accessory dwelling unit per legal lot.

      1. An accessory dwell ing uni t shall not be permitted on l ots which have a guest house. senior citizen residence, servanrs quarters, family care residence or a second one-family residence.

      2. A guest house, sen ior citizen residence, servant ‘s quarters, family care residence or an existing one-famil y residence may be converted to or replaced by an Accessory dwelling unit provided that i t complies with all of the requirements of thi s section.

  1. Sale and Rental. An accessory dwelling unit shall not be sold separately from the one-family residence on the same lot but may be rented provided the rental term is for longer than 30 consecuti ve days. No accessory dwelling unit shall be used as a short term rental.

  2. Density. An accessory dwelling uni t that conforms to the requirements of this subd i vision shal l be deemed a residential accessory use and wi ll not be considered to exceed the allowable density for the lot, as established by the Shasta County General Plan and Zoning Plan.

  3. Impact Fees. Public facil i ty impact fees for an accessory dwelling unit shall be calculated at the same rate as one unit in a multiple-famil y residential development.

  1. Development Standards. The accessory dwelling unit shall comply with all applicable development standards of the zone district in which i t is located. except as provided in this section.

I . Size. The l iving space of any accessory dwelling shall not exceed 1,200 square feet or 50 percent of the l iving space of the one-family resi dence. whichever is less. Where 50 percent of the living space of the onefamily residence is less than

Ordinance No. SCC 20 17-05

September 19, 20 17

Page 3 of 6

640 square feet. the l iving space of the accessory dwelling unit may be up to 640 square feet.

  1. Minimum Lot Acreage.
    1. An accessory dwelling unit shall be a permi tted use on any lot that is served by both publ ic water and sewer systems, or on a l ot that i s one ( 1) gross acre or more, when i t is demonstrated that all applicable development standards can be met.

    2. On lots of less than one ( I ) acre gross lot area that are served by a pri vate onsite wastewater treatment system , an accessory dwell ing unit may be permitted provided that:

      1. The property i s served by a publ ic water system ; or
      1. The accessory dwelling unit is created within the existing space of the onefami ly residence. or the existing space of a legally established accessory structure; or

      2. An exception is granted through an administrati ve permit as provided in Section 17.88.132(£)(14).

  1. Height. The height of a detached accessory dwelling unit may exceed the height limitation for_a residential accessory structure but shall not exceed the height limitation applied to a one-family residence in the same zone district.

  2. etbacks. An accessory dwelling unit m ust compl y with the setback requ irements of the applicable zoning district and combining districts with the following exceptions:

    1. No additional setbacks shall be requi red when an ex1stmg, legally established garage or other existing residential accessory buildi ng that conforms to the zoning district is converted to an accessory dwelling uni t in accordance with the provisions of this section.

    2. A minimum setback of five feet from the side and rear lot lines shall be requi red for a new accessory dwelling uni t to be constructed above a legally establi shed and conformi ng garage or residential accessory bui lding.

  3. Fire Safety. The accessory dwelling unit shall meet all requ irements of the County Fire afety Standards or the Fire Protection District standards. as applicable, for the lot on which i t is located, includ ing adequate access to the accessory dwelling unit for emergency personnel and equipment.

  4. Bui lding Code Compliance. The accessory dwelling unit shall meet all applicable requirements of the Buildi ng Code ( hasta County Code Title 16) except that fire

Ord inance No. SCC 20 17-05

September 19. 20 17

Page 4 of 6

sprink lers shall not be required if they were not requi red for the existing one­ family residence.

  1. Design.
    1. The accessory dwelli ng unit shall be architecturally compatible with the existing one-family residence on the same lot in terms of roof pitch, eaves, buildi ng materials, colors and landscapi ng.

    2. An attached accessory dwelling uni t and the onefamily residence it is attached to shall not have their front entrances located side-byside or otherwise have the appearance of a duplex.

  1. Location. Except for the conversion of, or construction above, an existing legally established garage or other residential accessory build ing that conforms with the zone district. a detached accessory dwelling unit shall not be located in front of the one-famil y residence.

  2. Mobile Homes. A detached accessory dwelling unit may be a mobile home if the property is located in a Mobile Home (T) combining District and the onefamily residence i s not a mobile home.

  3. Parking. Unless otherwise exempt under Government Code 65852.2(d), or by an approved exception in con formance with this section, offstreet parking requirements for an accessory dwelling unit shall be one add itional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms which may be provided as tandem parking on an existing driveway.

1 1. Garages. An attached garage of up to 600 square feet may be allowed with an accessory dwelling unit. The allowed garage space shall be excluded from the total combi ned floor area of residential accessory structures pursuant to Section l 7.88.140(B)(2)(a).

  1. Access. The accessory dwelling unit should be served by the same street encroachment and driveway as the one-family residence. which shall comply with the residential driveway standards set forth in Section 6.13 of the Shasta County Development Standards, unless a common encroachment is infeasible, as determined by the Director, due to site constraints such as topography, build ing site locations or environmental concern s.

  2. Water Supply and Wastewater Disposal. The accessory dwelling unit shall comply with all water supply and wastewater disposal requirements established by Environmental Health, or other service entity with jurisdiction.

  3. Exceptions. Exceptions may be granted for the following development standards:

# 1 (Size), #2a (Minimum lot acreage), #8 (Location). # 10 (Parking), and # 1 1

Ordinance No. SCC 20 1705

September 19, 20 17

Page 5 of 6

(Garages), if an Administrative Permit is first approved pursuant to section 17.92.050, and the following find ings are made by the Director:

    1. The proposed exception from the development standard (s) is necessary due to physical or other constraints on the l ot that make the strict application of the standard(s) impractical or inconsistent with existing development on the Jot or in the immediate neighborhood ; and

    2. The proposed excepti on from the standard(s) would not result in any health or safety hazard for existing and future residents on the lot or in the neighborhood.

  1. Deed Restriction. Before obtaining a buildin g permit for an accessory dwelling unit, the property owner shall sign, and provide the necessary recording fees and the County shall file with the County Recorder, a restrictive covenant acknowledging that:

    1. The accessory dwelJing unit cannot be sold separately from the one-family residence.

    2. The accessory dwelJ ing unit shall comply with all of the provi sions of Shasta County Code section 17.88.132, as such provision s may be amended from time to time.

    3. Obtaining an approved bui l ding permit and Certificate of Occupancy from the Department for an accessory dwelling unit does not provide or imply approval or any guarantee that the property can be divided now or in the future. Any future land division shall be subject to all applicable Shasta County subdivision requirements and regulations in effect at the time a land division is proposed.

    4. These limitations shall be bi nd i ng upon any assigns, successors in interest, personal representatives, estates, and heirs.

SECTION II.

The County finds that this ordinance i s not subject to th e Cali fornia Environmental Quality Act (CEQA) pursuant to Publ ic Resources Code Section 2 1080.1 7, which provides, in perti nent part, that CEQA does not apply to adoption of an ordi nance to implement the provi sions of Government Code Section 65852.2, and on that basis adoption of the ordinance is exempt from CEQA. Add itional ly, the County find s that the adoption of this ordinance is exempt from CEQA und er CEQA G uid el i nes section s l 5060(c)(2) and 1561(b)(3). The added section woul d not deviate from existing regul ations in a manner that would result in new or more severe significant environmental impact s. Therefore, i t can be seen with certainty that the revised section would not have the potentia l for causing a significant effect on the environment. Each exemption stands as a separate and independent basis for determ ining that this ord inance is not subject to CEQA .

SECTION III.

Ordinance No. SCC 20 17-05

September 19. 2017

Page 6 of 6

If any provision of thi s ordinance or its appl ication to any person or circumstance is held in va l id, the i nvalidi ty does not affect other provisions or appl ications of t his ord inance that can be given effect without the inva l id provision or appl ication , and to this end the provision s of this ord inance are severable.

SECTION IV.

All former ordinances and resol u tions. or parts thereof. confl icti ng or i nconsistent wit h the provi sions of this ord i nance are hereby repealed . The adoption of this ord inance shall not in any manner affect any action or prosecution for violation of ord i nances, which v iolat ions were committed prior to the effective date hereof , be construed as a waiver of any l icense, fee, or penal ty req uired by or result ing from any such ordinance, or affect the va l id ity of any bond (or cash deposit i n l ieu thereof) req uired to be posted. filed, or deposited pursuant to such ord inance .

SECTIO N V.

This ordinance shal l take effect and be in fu ll force and effect 30 days after its passage. The Clerk of t he Board shall cause this ordinance to be publ ished as required by J aw.

DULY PASSED AND ADOPTED this 19th day of September, 2017 by the Board of Supervisors of the County of Shasta by the followi ng vote:

AYES: OES: ABSE T: ABSTAIN: RECUSE:

Supervisors Kehoe. Moty, Rickert.and Morgan None

Supervisor Baugh None

None

Board o upervisors County of Shasta State of Californja

ATTEST:

LAW RE CE G. LEES

Clerk of the Board of Supervisors

By: , . r;._./ Lor Deputy