§ 23.08.032. Residential Accessory Uses.

The standards of this section apply to the specific types of accessory structures listed. Residential accessory structures for the keeping of animals are subject to Section 23.08.046 (Animal Raising and Keeping).

a.

Permit requirement. Plot Plan approval, unless the accessory structure is included among the structures authorized by the land use permit for the principal residential use, or where another permit requirement is specified by this section.

b.

Antennas. Antennas (including dish antennas) for non-commercial TV and radio transmitting and/or receiving are subject to the following standards:

(1)

Permit requirement. Zoning Clearance, except:

(i)

As provided in subsections b(2) or b(3) of this section or antennas of excess height or in particular locations; and

(ii)

For surface-broadcast television receiving antennas, which require no land use permit, but are still subject to the other provisions of this section.

The land use permit requirements of this section are in addition to any construction permits required by Title 19 of this code.

(2)

Height limit. Antennas shall be no higher than 10 feet above the height of the tallest building on the site, except that:

(i)

A height of up to 50 feet may be authorized by Minor Use Permit; and

(ii)

Antennas higher than 50 feet may be authorized through Development Plan approval;

Provided that the approval body first finds that no broadcast reception is possible unless the antenna is higher than 10 feet above the building, and that the antenna at the approved height will not result in detrimental effects on the enjoyment and use of adjoining properties.

(3)

Limitation on location. In order to minimize the visual impact of antennas and their supporting structures on residential neighborhoods and community commercial areas, antennas shall be placed in locations consistent with the following provisions:

(i)

Setbacks. Antennas shall not be located within required setback areas (Section 23.04.100 et seq.), except that placement in a side or rear setback may be authorized by Minor Use Permit if the approval body first finds that:

(a)

No broadcast reception is possible in another allowed location; and

(b)

The approved location of the antenna will not result in detrimental effects on the enjoyment and use of adjoining properties.

Specific setbacks for antennas higher than 10 feet above the building shall be determined through Minor Use Permit or Development Plan approval, as applicable.

(ii)

Roof installation. Antennas shall not be placed on the roof of a building unless they are located on the half of the roof furthest away from any abutting street, or:

(a)

Other location on the roof determined by the Planning Director to not be visible from public streets or adjoining properties; or

(b)

Another location on the roof authorized through Minor Use Permit approval, subject to the findings in subsections b(3)(i)(a) and (b) of this section.

(iii)

North Coast Planning Area. North of Pico Creek, dish antennas and broadcast towers shall be located so that they will not be seen from State Highway Route 1.

c.

Garages: A detached accessory garage shall not occupy more than 1,000 square feet in area per dwelling unit, unless authorized by Minor Use Permit. The size of an accessory garage attached by a common wall to a dwelling is not limited, except as may be required by the Uniform Building Code. Workshop or storage space within a garage is included in determining conformance with this standard.

d.

Greenhouses. An accessory greenhouse may occupy up to 500 square feet per dwelling unit or 10% of the site, whichever is smaller. Larger greenhouses are subject to Section 23.08.054 (Nursery Specialties) where allowed by the Land Use Element.

e.

Guesthouses / Home Office: A guesthouse (sleeping/home office facilities without indoor connection to the living area of a principal residence) may be established as a use accessory to a residence as follows:

(1)

Limitation on use:

(i)

A guesthouse may contain living area, a maximum of two bedrooms and one bathroom. A living area may include a wet bar, but such facility shall be limited to a single sink and an under-counter refrigerator, and shall not be located in a separate room. A guesthouse shall not be designed to contain or accommodate cooking or laundry facilities, and shall not be used for residential occupancy independent from the principal residence or as a dwelling unit for rental.

A home office may contain the same facilities as a guesthouse. This includes the restriction on containing or designing to accommodate cooking or laundry facilities separate from the principal residence. The home office shall not be used for residential occupation independent from the principal residence or as a dwelling unit for rental.

(ii)

A guesthouse/home office shall not be allowed on any site containing a secondary dwelling established pursuant to Section 23.08.169 of this title.

(iii)

A guesthouse/home office in the Residential Multi-Family land use category shall satisfy the residential density provisions of Section 23.04.084 (Multi-Family Dwellings).

(iv)

A guesthouse/home office shall not be provided an electric meter separate from the principal residence.

(2)

Permit requirement: Plot Plan approval.

(3)

Location: A guesthouse shall not be located more than 50 feet from the principal residence, or as otherwise approved through a Minor Use Permit, and shall not be located within any required setback area (see Section 23.04.100 - Setbacks).

(4)

Floor area limitation. The maximum floor area allowed for a guesthouse is 40 percent of the habitable floor area of the main residence, up to a maximum of 600 square feet.

f.

Swimming pools. Including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than 18 inches to a property line, and provided that they are fenced as required by Section 23.04.190a(5) (Screening and Fencing).

g.

Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential category.

(1)

Limits on use. An accessory structure may be constructed or used as a workshop or studio in any residential category solely for non-commercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; or for other similar purposes. Any use of accessory workshops for any commercial activity shall meet the standards for Home Occupations (Section 23.08.030).

(2)

Floor area. A workshop is not to occupy an area greater than 40 percent of the floor area of the principal structure; except where a workshop is combined with a garage, subsection c. of this section applies.

[Amended 1989, Ord. 2383; 1992, Ord. 2591; 1995, Ord. 2740; 2004, Ord. 3001]