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(a) Land Use Zoning District Regulations Applicable. Unless otherwise provided, accessory structures and uses shall be subject to the same regulations as the primary structure or use, including projections into setbacks specified in §83.02.080 (Allowed Projections).
(b) Legally Established Primary Use. An accessory structure or use shall always exist in conjunction with, and never without, a legally established primary structure or primary use that has the same common owner. Where the primary use is a residence, it shall not be enclosed within an accessory structure. Where the primary use has not yet been established, an accessory structure may only be built subject to the issuance of a Temporary Use Permit in compliance with Chapter 84.25 (Temporary Structures and Uses).
(c) Use of Accessory Structure. The use of an accessory structure may be for either a primary or an accessory use allowed by the applicable land use zoning district.
(d) Determination of Accessory Uses. In addition to the accessory uses specifically provided for by this Chapter or elsewhere within this Development Code, each land use shall be deemed to include other accessory uses that are necessarily and customarily associated with and are clearly incidental and subordinate to the primary land use. Whenever the accessory uses are questioned, the Director shall be responsible for determining if a proposed accessory use meets the criteria in this Chapter. Before making a determination, the Director shall give notice to contiguous property owners in compliance with §85.02.030 (Staff Review with Notice).
(e) Maximum Site Coverage. Except as otherwise provided in this Chapter, the combination of accessory and primary structures on a parcel shall not exceed the maximum site coverage allowed by the applicable land use zoning district regulations in Division 2 (Land Use Zoning Districts and Allowed Land Uses).
(f) Location on Same or Contiguous Parcel. Accessory structures or uses, which may or may not entail the use of a structure, shall be located on either:
(1) The same parcel as the primary structure or use; or
(2) A contiguous parcel that is owned by the same owner who owns the parcel that has the primary structure or use, with the exception of:
(B) Those properties that touch property lines of a subject parcel when the lines are projected across public or private rights of way, easements, roads, streets, or railroad rights of way.
(C) Utilities shall not be constructed across the property line(s) of two or more contiguous parcels. If the placement of proposed utilities would otherwise cross the property line of two or more contiguous parcels held by the same owner, the property owner shall apply for and receive an approved voluntary lot merger before issuance of a building permit.
(Ord. 4383, passed - -2020; Ord. 4393, passed - -2020)
This Section provides standards for accessory structures and uses that are related to a primary agricultural use.
(a) Animal Keeping. Animal keeping activities are governed by Chapter 84.04 (Animal Keeping) of this Code.
(b) Row Field Tree and Nursery Crop and Animal Product Sales Stand. The retail trade of plant or animal products primarily grown on the subject property shall be allowed when displayed from one stand with a floor area no larger than 200 square feet on parcels greater than 10,000 square feet in area. Standards for produce stands are provided in Chapter 84.03 (Agritourism Enterprises) of this Code.
(c) Caretaker Housing. The caretaker dwelling unit shall be subject to accessory dwelling unit development standards in §84.01.060(e).
(d) Seasonal Labor Quarters. Labor quarters for agricultural operations that are limited to three months of the year that encompass the harvest season of the agricultural product may utilize recreational vehicles as temporary labor quarters. A Site Plan Permit shall still be required to ensure proper services are supplied to the temporary laborers. Also, a Special Use Permit shall be required to monitor the use.
(Ord. 4383, passed - -2020)
This Section provides standards for accessory structures and uses that are related to primary commercial and industrial uses.
(a) Exterior Storage. Exterior storage shall comply with Title 3 (Health and Sanitation and Animal Regulations) of the County Code. Screening of exterior storage shall comply with §83.02.060 (Screening and Buffering).
(b) Caretaker Housing. The caretaker dwelling unit shall be subject to accessory dwelling unit development standards in §84.01.060(e).
(c) Seasonal Labor Quarters. Labor quarters for commercial or industrial operations that are limited to three months of the year may utilize recreational vehicles as temporary labor quarters. A Site Plan Permit shall still be required to ensure proper services are supplied to the temporary laborers. Also, a Special Use Permit shall be required to monitor the use. Failure to obtain both the Site Plan Permit and the Special Use Permit required under this subsection shall render the placement, use and/or occupancy of recreational vehicles or similar vehicles unlawful and subject to enforcement under Chapter 86.09 of this Code.
(Ord. 4383, passed - -2020)
This Section provides standards for Accessory Structures and Uses that are related to residential single-family and multi-family dwelling units (e.g., play yards, pools, storage sheds, etc.) or that are residential in nature (e.g., guest housing, accessory dwelling units, etc.).
(a) Number of Accessory Residential Units. In addition to a single-family or multi-family dwelling unit, unless indicated otherwise a combination of two of the following additional accessory units shall be allowed; parcels five acres in size or greater shall be allowed to have three of the following:
(1) Accessory Dwelling Unit. An accessory dwelling unit shall be located on the same parcel as the primary dwelling unit and may be attached, detached or converted from an existing structure. Refer to § 84.01.060(d) for additional information on types of accessory dwelling units and their standards. Additional accessory dwelling units may be allowed on parcels with multi-family dwelling structures pursuant to § 84.01.060(g).
(2) Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be located on the same parcel as the primary dwelling unit. Refer to § 84.01.060(d) for additional information on junior accessory dwelling units and their standards.. Only one junior accessory dwelling unit shall be allowed per parcel.
(3) Guest House. Guest housing shall be located on the same parcel as the primary dwelling unit and shall be separated from it by at least ten feet. Guest housing shall be for use by temporary guests of the occupants of the primary dwelling unit and shall not be rented or otherwise used as a separate dwelling; the guest house may be used as a short-term rental when in compliance with Chapter 84.28 (Short-Term Residential Rentals). In the Single Residential (RS) or the Multiple Residential (RM) land use zoning districts on parcels less than two and one-half acres in size, the guest housing unit shall not extend in front of the primary structure. The provisions of § 84.21.030(i) shall apply to a manufactured home used as guest housing.
(b) Parking. Except as otherwise provided in this Chapter, parking for accessory residential dwelling units shall comply with Chapter 83.11 (Parking and Loading Standards).
(c) Carport and/or Garage. Detached carports or garages shall be limited to 1,200 square feet when located on parcels that are less than 20,000 square feet in size.
(d) Other Residential Accessory Structures and Uses. See § 83.02.080 (Allowed Projections into Setbacks).
(1) Except in the Mountain Region, structures and uses such as cabanas, tennis courts, ramadas, water towers and wells, swimming pools, or storage buildings shall not extend in front of the primary structure where the primary structure faces a street right-of-way.
(2) Accessory dwelling units may be located in front of the primary structure when in compliance with setback standards.
(3) Ground mounted solar may be located in front of the primary structure when in compliance with setback standards, screened and not prominently visible from the street.
(e) Detached Storage Structures. Parcels that are one acre or less in size shall be limited to only one detached storage structure that exceeds 120 square feet and the storage structure shall not exceed 1,000 square feet. Except in the Mountain Region, detached storage structures shall not extend in front of the primary structure where the primary structure faces a right-of-way.
(f) Freight Containers and Similar Storage-Type Structures.
(1) Freight containers, railroad cars, intermodal containers, and other similar storage-type structures shall be allowed as accessory structures in the RS (Single Residential) or RM (Multiple Residential) land use zoning districts provided that they are compatible with the appearance of the on-site primary structure and the surrounding neighborhood and setting. A Compatibility Determination application shall be approved by the Planning Division of the Land Use Services Department to allow such a structure. Screening such a structure from view from the street or the physical alteration of such a structure, such as painting or otherwise altering the structure, may be considered in the approval of the application. Such railroad car, container or similar storage-type structure shall be placed behind the primary structure and not prominently visible from the street.
(2) Freight containers, railroad cars, intermodal containers, and other similar storage-type structures shall be allowed as accessory structures in the Agriculture (AG) or Rural Living (RL) land use zoning districts provided that they shall be altered, either painted or structurally altered, to appear to be similar to, and compatible with, the appearance of the on-site primary structure and the surrounding neighborhood or to blend in with the surrounding environment. Such railroad car, container or similar storage-type structure shall be allowed provided that the container can be placed behind the primary structure and not prominently visible from the street.
(g) Animal Keeping. Accessory animal keeping shall be conducted as specified in Chapter 84.04 (Animal Keeping).
(h) Exterior Storage. Exterior storage shall be fully and solidly screened and kept below the level of the fence or other screening mechanism. Exterior storage shall comply with Title 3 (Health and Sanitation and Animal Regulations) of the County Code. Screening of exterior storage shall comply with § 83.02.060 (Screening and Buffering).
(i) Residential Crop Production. Accessory crop production shall be allowed on parcels of 10,000 square feet or more, with a temporary sales facility for plant or animal products grown on the subject property. The sales facility shall not be larger than 200 square feet in area and shall display produce for sale for no longer than 72 hours in any calendar month. Standards for produce stands are provided in Chapter 84.03 (Agritourism Enterprises). This does not include wholesale or retail nurseries.
(j) Private Office. A private office shall be for the sole use of the dwelling unit occupants within a primary structure and shall have no external advertising or signs.
(k) Compatibility. In the RS (Single Residential) and RM (Multiple Residential) land use zoning districts, the appearance of an accessory structure shall be similar to, and compatible with, the appearance of the primary structure and the surrounding neighborhood and setting.
(l) Storage of Firewood. The storage of firewood shall comply with Chapter 84.09 (Firewood Storage).
(Ord. 4383, passed - -2020; Am. Ord. 4400, passed --2021)
(a) General Provision. Accessory dwelling units and junior accessory dwelling units shall comply with all provisions of this Chapter as well as the underlying zoning district.
(b) Location Criteria. Accessory dwelling units and junior accessory dwelling units shall be permitted where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and on any lot that contains a proposed or an existing dwelling. Accessory dwelling units and junior accessory dwelling units shall not be permitted in those areas where a development moratorium has been imposed, including a moratorium for water or sewer connection, whether imposed by the County or another public agency.
(c) Common Ownership, Occupancy, and Rental Terms.
(1) Accessory dwelling units are not intended for sale separate from the primary residence but may be rented separately from the primary residence in all regions of the County for a term longer than 30 days, or in the Mountain and Desert Regions for a term less than 30 days provided the short-term rental unit complies with Chapter 84.28 (Short-Term Residential Rentals) and is not a unit constructed pursuant to Subdivision (g) below.
(2) Junior accessory dwelling units require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization. If the owner chooses not to reside in the junior accessory dwelling unit, then the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, shall be required and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section.
(d) Types of Units.
(1) Attached unit. An accessory dwelling unit that is attached to the proposed or existing primary dwelling. Attached units may have a separate entrance or share a common entrance with the primary dwelling. The maximum size of an attached accessory dwelling unit is 1,200 square feet of livable space.
(2) Detached Unit. An accessory dwelling unit that is separated from the proposed or existing primary dwelling. The detached accessory dwelling unit shall be considered the primary unit if it is a larger size than the primary dwelling. The maximum size of a detached accessory dwelling unit is 1,200 square feet of livable space.
(3) Converted Existing Structure or Space. An accessory dwelling unit that is created from, an existing space (e.g. master bedroom, attached garage, storage area, or similar use), or existing structure (e.g. detached garage, barn, storage structure or existing residential structure) on the lot of the primary residence that is converted into an independent living unit. This may also include an existing primary residence that is converted to an accessory dwelling unit when a larger dwelling is established. The accessory dwelling unit may exceed 1,200 square feet of livable space when converted from an existing space or structure, but may not expanded the physical dimension of the existing space or structure unless otherwise authorized by §65852.2 of the Government Code.
(4) Junior Accessory Dwelling Unit. A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence. A junior accessory dwelling units is no more than 500 square feet in size for livable space. The maximum size can be increased up to 150 square feet if necessary to allow for ingress and egress to the unit. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. A junior accessory dwelling unit shall have a minimum of an efficiency kitchen.
(e) Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units. The development standards for an accessory dwelling unit and junior accessory dwelling unit shall comply with the following additional requirements:
(1) Except as otherwise provided in this Chapter, an accessory dwelling unit or junior accessory dwelling unit shall comply with all development standards of the land use zoning designation in which the lot is located.
(2) Written confirmation from the sewer district having jurisdiction of the availability of sewer service for the accessory dwelling unit or written approval from the Division of Environmental Health Services for use on an existing or new septic system shall be obtained. Holding tanks shall not be permitted for accessory dwelling units.
(3) Written confirmation from the water district having jurisdiction of the availability of water service for the accessory dwelling unit or written approval from the Division of Environmental Health Services for use of an existing or new well shall be obtained.
(4) In addition to the requirements of §84.01.020 (General Development Standards), the minimum accessory dwelling unit size will be determined by the current edition of the California Residential Code or as certified by California Department of Housing and Community Development. In no event shall the minimum square footage for either an attached or detached accessory dwelling unit prohibit an efficiency unit as defined in §17958.1 of the Health and Safety Code.
(5) Approval for setbacks from the applicable Fire Department shall be required prior to the issuance of a building permit for an accessory dwelling unit.
(6) Approval for site drainage, egress, and exit requirements from the Building and Safety Division shall be required prior to the issuance of a building permit for an accessory dwelling unit.
(f) Development Standard Exemptions. An accessory dwelling unit and junior accessory dwelling unit are exempt from the following development standards:
(1) Lot Coverage. Lot coverage requirements shall not preclude the construction or either an attached or detached accessory dwelling units that is at least 800 square feet in size.
(2) Setbacks.
(A) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit or junior accessory dwelling unit.
(B) A setback of more than four feet or rear and interior side yards shall be required for an accessory dwelling unit not otherwise constructed in accordance with Subparagraph (A) above.
(3) Fire Sprinklers. Accessory dwelling units and junior accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary dwelling.
(4) Utility Connections. Unless an accessory dwelling unit is constructed with a new single-family dwelling, an applicant is not required to install new or separate utility connections and shall not be subject to separate utility connection fee or capacity charge for an accessory dwelling unit described in Paragraph (1) of Subdivision (g) below.
(5) Parking. The parking requirements for accessory dwelling units, as set forth in Chapter 83.11 (Parking and Loading Standards), shall not apply in any of the following instances:
(A) The unit is considered a junior accessory dwelling unit.
(B) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(C) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(D) The accessory dwelling unit is part of the proposed or existing primary residence or a converted accessory structure.
(E) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(F) When a car share vehicle located within one block of the accessory dwelling unit.
(G) When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted into an accessory dwelling unit, the off-street covered parking does not need to be replaced.
(g) By-Right Permitting Exemptions. Notwithstanding anything to the contrary, an application for a building permit for a use authorized by Division 2 (Land Use Zoning Districts and Allowed Land Uses) shall be approved to create any of the following:
(1) One accessory dwelling unit and junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety.
(D) The junior accessory dwelling unit, if applicable, complies with the requirements of § 65852.22 of the Government Code.
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot rear and interior side setbacks for a lot with a proposed or existing single-family dwelling, provided the total floor area is not more than 800 square feet and a height of 16 feet. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Paragraph (1) of this Subdivision.
(3) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. The County shall allow at least one accessory dwelling unit and a maximum of 25 percent of the existing multifamily dwelling units.
(4) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear and interior side setback.
(Ord. 4383, passed - -2020; Am. Ord. 4400, passed - -2021)