§ 23.08.169. Secondary Dwelling Units (S-8).

A second permanent dwelling may be allowed pursuant to this section on a site in the Residential Single-Family, Residential Suburban and Residential Rural land use categories, in addition to the first dwelling on a site allowed by Section 23.04.082, provided the site and the existing primary dwelling satisfy all other applicable provisions of this title. (A caretaker residence is subject to Section 23.08.161, farm support quarters are subject to Section 23.08.167c.)

a.

Authority. Secondary dwellings are authorized by this title pursuant to the authority established by Sections 65852.2 et seq. of the California Government Code.

b.

Limitations on use.

(1)

Accessory unit only. A Secondary Dwelling Unit shall be accessory to a primary dwelling and shall not be established on any site containing a guesthouse (Section 23.08.032e) or more than one dwelling unit, except where a guesthouse is proposed to be converted to a secondary dwelling unit pursuant to this section.

c.

Limitations on location.

(1)

Excluded areas. A Secondary Dwelling Unit shall not be allowed within the following areas. In such areas, secondary dwelling units are deemed to be incompatible with existing development, or the density increase resulting from secondary units pursuant to this section would create adverse cumulative effects on essential community services and natural features. Such services and features include but are not limited to water supplies, storm drainage facilities, roadway traffic capacities, and soils with limited suitability for septic system sewage disposal or subject to erosion:

(i)

South Bay. The South Bay urban area as defined by the Land Use Element, Estero area plan, except that where the site and secondary dwelling unit satisfy the following provisions, a detached unit may be allowed.

a.

Within the Residential Single-Family category.

1.

Where the site area is 12,000 square feet or larger and the site is served by community water and sewer; or

2.

Where the site area is one acre (net) or larger and the site is served by community water and on-site sewage disposal; or

3.

Where the site area is 2.5 acres (net) or larger and the site is served by on-site water supply and sewage disposal.

b.

Other allowed land use categories.

1.

Where the site is two acres (net) or larger and the site is served by community water or sewer.

2.

Where the site area is five acres (net) or larger and the site is served by on-site water supply and sewage disposal.

(ii)

Specific subdivisions. Secondary dwelling units are not allowed within the following tract: 159.

(iii)

Regional Water Quality Control Board (RWQCB) exclusion. All areas of the county where the RWQCB has issued a notice of resource constraint through moratoria or other means.

d.

Permit requirement. Plot Plan approval is required in all areas where Secondary Dwelling Units are allowed. For a secondary dwelling meeting the definition of appealable development pursuant to Coastal Zone Land Use Ordinance Section 23.01.043(c), a public hearing is not required. Instead, a notice shall be filed in accordance with Coastal Zone Land Use Ordinance Section 23.02.070(b). The notice shall be provided to all property owners within 300 feet of the subject property and to all residents within 100 feet. In addition to the items listed in 23.02.070(b), the notice shall state that the project may be appealed to the California Coastal Commission. Nothing in this section shall exempt secondary dwellings from meeting any applicable Local Coastal Plan policies. Notice of Final County Action is required in accordance with Coastal Zone Land Use Ordinance Section 23.02.036.

e.

Application content. In addition to the information required by Section 23.02.030, information submitted with the Plot Plan application shall also indicate whether or not there are conditions, covenants or restrictions applicable to the site that would prohibit a Secondary Dwelling Unit. This information will not be grounds for county denial of a permit.

f.

Minimum site area. A secondary dwelling may be established pursuant to this section only on sites with the following minimum areas:

(1)

6,000 square feet for sites served by community water and sewer facilities.

(2)

One acre (net) where on-site water supply and sewage disposal systems are proposed on an existing parcel, provided that all applicable requirements for separation between the existing septic system, new septic system for the secondary dwelling and any on-site and off-site water wells are satisfied, as well as all other applicable provisions of Title 19 of this Code for septic system design and performance.

(3)

One acre (gross) where community water and on-site sewage disposal systems are proposed on an existing parcel, provided that all applicable provisions of Title 19 of this Code for septic system design and performance are satisfied.

Except that where a larger minimum site area requirement is established by planning area standards of the Land Use Element, the larger area shall be required.

g.

Design standards:

(1)

The following standards apply to all land use categories where secondary dwellings are allowed.

SIZE OF LOT	MAXIMUM SIZE OF UNIT(1)	MAXIMUM DISTANCE FROM PRIMARY UNIT
6,000 sq. ft. - 1 acre.	800 square feet	50 feet
> 1 acre - 2 acres	800 square feet	50 feet
> 2 acres	1,200 square feet	250 feet

 

Notes:

(1)

Includes attics greater than 6 feet in height, unconditioned storage space and lofts.

(2)

Driveways: The driveways serving the primary and secondary dwelling shall be combined where possible. An adjustment may be granted in compliance with Section 23.01.044 if combining driveways is prohibited by a physical site constraint, would result in grading on slopes over 15 percent or would require the removal of oak trees or other native trees.

(3)

Within urban and village reserve lines:

a.

The secondary dwelling shall employ a design style compatible with the primary dwelling.

b.

When a secondary dwelling is attached to the primary dwelling, the entrances shall be designed to maintain the character of a single dwelling and to avoid the attached secondary dwelling changing the appearance of the primary dwelling to resemble a duplex. The entrance to an attached secondary dwelling shall not be located on the same building face as the entrance to the primary dwelling unless the entrance to both the primary and secondary dwellings is shared.

c.

No more than 50 percent of the site shall be covered by structures

(4)

Exceptions to design standards. Alternatives to the design standards of subsections g. of this section may be approved by the Review Authority pursuant to Section 23.02.033 (Minor Use Permit). These standards are the only provisions of this section subject to such action. The maximum size of unit as set forth in Subsection g(1), and the maximum size of the garage workshop as set by Subsection g(6), cannot be modified except by a Variance (Section 23.01.045). The maximum distance from the primary unit may be adjusted in compliance with Section 23.02.033 where the secondary dwelling is proposed within an existing structure legally constructed prior to January 1, 2006 and there will be no physical change to the site (no additional footprint or garage space added to serve the secondary unit). Otherwise, the maximum distance from the primary unit may be modified only where the Review Authority first finds the following:

(i)

Locating the secondary dwelling within the distance as set forth in subsection g(1) would necessitate the removal of, or impact to, any of the following:

(a)

Existing improvements, such as detached accessory structures, swimming pools, wastewater disposal fields, drainage facilities, or water storage tanks.

(b)

Environmentally Sensitive Habitat Areas or significant vegetation such as native trees or shrubs, riparian vegetation, vineyards, orchards, or visually prominent trees.

(c)

Significant topographic features (including but not limited to, steep slopes, ridgelines, bluffs) water courses, wetlands, lakes or ponds, or rocky outcrops.

(d)

Archaeological resources Alternatives to the design standards of subsections g. and c(2) of this section may be approved by the Review Authority pursuant to Section 23.02.033. These standards are the only provisions of this section subject to such action.

(e)

Prime agricultural land and soils.

(f)

Significant public views.

h.

Parking. A Secondary Dwelling Unit shall be provided one off-street parking space per bedroom up to a maximum of two spaces, in addition to those required for the primary residence by Section 23.04.166c(5) (Required Parking Spaces - Residential Uses), and such parking space shall be located, designed and constructed pursuant to Sections 23.04.163, 164 and 168, except that for lots of 7,500 square feet or less, the parking may be located within the front setback and tandem with the parking required for the primary dwelling

i.

Garage / Workshop. The garage/workshop for a secondary dwelling is limited to a maximum of 50 percent of the size of the secondary dwelling. Where the secondary dwelling is constructed on the second floor of the primary dwelling's detached garage, no additional attached or detached garage/workshop shall be permitted.

[Amended 1992, Ord. 2570; 1992, Ord. 2591; 1995, Ord. 2715; 1995, Ord. 2740; 2006, Ord. 3098; 2017, Ord. 3353]