15.10.030 Secondary dwelling units and guest houses.
A. Purpose and Intent. The purpose of this section is to provide a variety of housing options that are subordinate to the primary allowable use on a parcel to provide rental housing; to provide affordable housing; to provide a means for the care of elderly or disabled family members; to meet the needs of renters in various income classifications; and to make better use of the existing inventory of residential lot stock and infrastructure by allowing the creation of secondary dwelling units and guest houses.
B. Definitions. The following definitions shall apply to secondary dwelling units and guest houses as used in this section:
“Guest house” means a detached (no common wall) living quarter, clearly subordinate and incidental to the primary residential use, not separately rented, let, or leased, whether any compensation be direct or indirect, containing sleeping and sanitation facilities but not including any cooking or kitchen facilities, including but not limited to a sink, dishwasher, a cooking stove, an oven, or any other appliance installed for the purpose of food preparation cooking or eating.
“Secondary dwelling unit” means a detached (no common walls) or attached (at least one common wall) dwelling unit which provides complete, independent living facilities for one or more persons. A secondary dwelling shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel upon which the primary residential unit is located.
C. Applicable Zoning Districts. Secondary dwelling units shall be allowed in the single-family residential (R-1), residential one- and two-family (R-2), rural residential (RR), and open space residential (OS) zoning districts. Guest houses shall be allowed in all zoning districts, subject to the requirements in this and other sections of the zoning code.
D. Parcel Size and Square Footage Limitations. The following legal parcel size qualifications and limitations to square footage allowed are as follows:
1. Legal parcels less than one acre: An existing residential unit may be altered or expanded to include an attached secondary dwelling unit not to exceed 640 square feet of floor area in size. Detached secondary dwelling units and guest houses are not allowed on parcels of less than one acre, excepting however that second dwelling units and guest houses up to 640 square feet are allowed on parcels of less than one acre if located above an existing or proposed garage, unless such garage is located within that zoning district’s front yard setback.
2. Legal parcels one acre or greater: Attached or detached secondary dwelling units may be constructed. Secondary dwelling units are limited to 1,200 square feet of floor area in size. Guest houses are allowed, not to exceed 640 square feet of floor area in size.
E. Standards and Requirements. The following listing of standards and requirements shall apply to secondary dwelling units and guest houses as noted.
1. Detached secondary dwelling units shall be situated, as measured from the primary residence, within a radius of 150 feet for parcels ranging from one to 4.99 acres; 300 feet for parcels ranging in size from five acres to 20 acres; and, 500 feet for parcels in excess of 20 acres. Guest houses shall be within a distance not exceeding 50 feet as measured from a primary residence.
2. Secondary dwelling unit and guest houses shall conform to all required property line setbacks.
3. Secondary dwelling units constructed on parcels in excess of one acre may employ a separate septic system for the unit, subject to review and approval of the County Health Department.
4. Secondary dwelling units and guest houses shall be consistent with the architectural style of the primary residence on the parcel.
5. Secondary dwelling units and guest houses may be constructed as a second floor over an existing or proposed garage serving the primary residential use on a parcel, subject to the requirements of subsection (D)(1) of this section.
6. Only one secondary dwelling unit or guest house shall be allowed to be constructed on a legal parcel, regardless of parcel size.
7. Guest houses shall only be allowed if there exists a legal, primary single-family residence on the parcel. A “legal” primary single-family residence is one that meets county zoning, building, and health requirements in effect at the time of its construction.
8. Secondary dwelling units and guest houses shall be accessed by the primary driveway providing access to the primary residence in existence on the property. Separate driveways and access encroachments shall not be permitted to access these uses.
9. Floor area calculations to determine compliance with square footage requirements shall be measured from exterior walls. Square footage calculations shall not include outdoor decks, covered porches, stairways, landings, and other like features. Outdoor covered or uncovered areas including but not limited to decks, covered porches, stairs, landings, entry ways, and like architectural features shall be allowed on a secondary dwelling unit or guest house; provided, that such architectural features occupy no greater than 25 percent of the allowable floor area of the secondary dwelling unit, or guest house.
10. Off-street parking shall be identified and provided on a parcel proposed for a secondary dwelling unit or guest house and a minimum of one space shall be required for each second dwelling unit and guest house including the primary residence.
11. If applicable, for property subject to valid deed restrictions, a proposed secondary dwelling unit or guest house shall be demonstrated to be in compliance with any recorded CCRs or deed restrictions.
12. Secondary dwelling units shall not be allowed on dead end roadways or cul-de-sacs that exceed California Department of Forestry and Fire Protection, Section 4290 requirements. Compliance for all fire clearances shall apply to permits issued for secondary dwelling units and guest houses.
13. Secondary dwelling units detached from the primary dwelling may have an attached garage or carport that does not exceed 480 square feet. Alternatively, a detached garage/carport shall be permitted; provided, that the structure is located within 20 feet of the secondary dwelling unit and the carport or garage contains no additional living or habitable space. This section shall not be construed to limit or otherwise restrict a garage or carport that may be constructed to support the primary single-family residence or a single carport/garage constructed to accommodate both the primary single-family residence and the secondary dwelling unit on the property.
14. No construction shall be attached to a secondary dwelling unit or guest house in excess of the maximum square footage allowed except for outdoor areas as specified herein.
15. Potable water supply, disposal and treatment of sewage, and sanitation requirements shall conform to the requirements of the County Health Department.
16. Utility installations serving second dwelling units shall be separately metered for utilities and provided through underground service.
17. Secondary dwelling units and guest houses shall not be provided through the use of travel trailers, fifth wheels, mobile homes, campers, yurts, tents, or other nonconventional facilities. This section shall not be construed to restrict the use of manufactured or modular housing.
F. Special Requirements.
Secondary dwelling units may be prohibited in site specific zoning that is associated with a planned development, master plan, or comprehensive subdivision review including but not limited to adoption of site performance combining (SP) district overlay zoning ordinance as upon making findings required by Cal. Gov’t. Code § 65852.2(c). (Ord. 1002, eff. 7/17/08; Ord. 997, eff. 6/5/08)