(209) 754-6394 Planning Commission S

CALAVERAS COUNTY PLANNING DEPARTMENT
891 Mountain Ranch Road, San Andreas, California 95249
(209) 754-6394
Planning Commission Staff Report
Hearing Date
Project Number/Name
Supervisorial District Number
Assessor's Parcel Number(s)
County Staff
April 12, 2012
2012-005 Miscellaneous County Initiated
Amendments to Title 17 related to Accessory
Dwellings
All
Not Applicable
Debra Lewis, Planner III
Date: April 4, 2012
Project Description: The County proposes to amend Title 17, Chapter 17.66 Accessory
Dwellings and related code sections to allow second units, or accessory units, by right
within all residential zones to comply with state law. The amendments will ensure that the
County's Zoning Code is consistent with California Government Code requirements for
second units.
At its February 23,2012 meeting, the Planning Commission opened the public hearing on
this item, received testimony, and deliberated on the text revisions that would best serve to
make Title 17, Chapter 17.66 and related code sections consistent with current state law.
The Planning Commission then continued the project to April 12,2012. The items required
to bring the relevant Code Sections into compliance, as summarized in the Minutes of the
Planning Commission Meeting of February 23,2012, include:
•
•
•
•
•
•
•
•
Remove "Owner Occupancy" requirement.
Owner must demonstrate that water and septic/sewer will be satisfied.
Include a maximum unit size of 1,200 sq. feet.
Evaluate 30% restriction which forces units to be too small.
Include parking at one space per unit (exclude Community Center
Historical Parking).
Remove one acre minimum lot size.
Remove reference in code that requires public notification .
Remove reference in code regarding appeals by the general public.
See Attachment 1 for the Project 2012-005 Staff Report for Planning Commission Meeting
of February 23,2012.
See Attachment 2 for the Minutes for the Planning Commission Meeting of February 23,
2012.
The CEQA Notice of Exemption is included as Attachment 3.
The Draft Resolution 2012-010 for the CEQA Exemption is included as Attachment 4.
The Draft Resolution 2012-011 for Amendments to Title 17 related to Accessory Dwellings
is included as Attachment 5. Included within Draft Resolution 2012-011 are the proposed
amendments to Title 17, Chapter 17.66 Accessory Dwellings and related Code Sections.
lists the proposed amendments in red-line and strike-out format for the Planning
Commission's consideration. Where text is proposed to be added, the text is shown in red
ink with underlining. Where text is proposed to be deleted, the text is shown in red ink with
strike-out. Where a Section or Subsection is proposed to be deleted in its entirety, the
subsequent Sections/Subsections shall be re-Iettered/re-numbered accordingly.
RECOMMENDATIONS
1. Staff recommends that the Planning Commission pass a motion authorizing the Chair to
sign Resolution 2012-010 recommending the Board of Supervisors adopt the CEQA
Exemption for Project 2012-005 Miscellaneous County Initiated Amendments to Title 17
related to Accessory Dwellings.
2. Staff recommends that the Planning Commission pass a motion authorizing the Chair to
sign Resolution 2012-011 recommending the Board of Supervisors approve the
Miscellaneous County Initiated Amendments to Title 17, Chapter 17.66 Accessory
Dwellings and Related Code Sections subject to the findings contained therein.
ATTACHMENTS
1.
2.
3.
4.
5.
Project 2012-005 Staff Report for Planning Commission Meeting of February 23, 2012
Minutes for the Planning Commission Meeting of February 23, 2012
CEQA Notice of Exemption
Draft Resolution 2012-010 for CEQA Exemption
Draft Resolution 2012-011 for Amendments to Title 17 related to Accessory Dwellings
2012-005 County Initiated Zoning Amendment - Accessory Dwellings
Staff Report
PC 04/12/12
Page 2 of2
ATTACHMENT 1
Project 2012-005 Staff Report for Planning Commission
Meeting of February 23, 2012
CALAVERAS COUNTY PLANNING DEPARTMENT
891 Mountain Ranch Road, San Andreas, California 95249
(209) 754-6394
Planning Commission Staff Report
Hearing Date
Project NumberlName
Supervisorial District Number
Assessor's Parcel Number(s)
Planner
February 23, 2012
2012-005 Miscellaneous County Initiated
Amendments to Title 17 Related to
Accessory Dwellings
All
Not Applicable
Debra Lewis, Planner III
DATE: February 16, 2012
PROJ ECT DESCRIPTION
The County proposes to amend Title 17, Chapter 17.66 Accessory Dwellings and related
Code Sections to allow second units, or accessory units, by right within all residential zones
to provide another source of affordable housing. The amendments will ensure that the
County's Zoning Code is consistent with California Government Code requirements for
second units.
BACKGROUND
The June 22 , 2010 Calaveras County Housing Element Update Program H-2.2 Second Units
states that: "The County shall amend the Zoning Code to allow second units, or accessory
units, by right within all residential zones to provide another source of affordable housing. The
amendments will ensure that the County's Zoning Code is consistent with State law
requirements."
Furthermore, the May 9, 2005 Calaveras County Housing Element
Implementation Program B.d. Second Dwelling Units states that: "The County shall amend or
update Chapter 17.66 of the zoning code or adopt a new second dwelling unit ordinance for
consistency with state law enacted in 2003 pursuant to Government Code Sections 65852 .2
et.seq. and 65583.1 et.seq. as may be amended . In particular, where public water and public
sewer are available and sufficient capacity exists for all intended units, eliminate requirements
for minimum parcel sizes for second units ."
Chapter 17.66, Accessory Dwellings, is included as Attachment 1 to this Staff Report.
Government Code Sections 65852.150, 65852 .2 et.seq . are included as Attachment 2 to this
Staff Report. Government Code Section 65583 .1 et.seq is a portion of State Housing Element
law and is not relevant to the discussion herein.
ENVIRONMENTAL REVIEW
The proposed amendment to Title 17 is exempt from CEQA, pursuant to Section 15061
(b)(3); The activity is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA.
Second Units approved ministerially are themselves statutorily exempt from CEQA
pursuant to Section 15268 (Ministerial Projects) of the CEQA Guidelines and Section
21080(b)(1) of the Public Resources Code. In addition, second units can be found
categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA
Guidelines, authority cited under Public Resources Code Section 21083 and 21087.
ANAYLSIS
The California Government Code was amended in 2003 to encourage the creation of second
units as affordable housing. The 2003 amendments require local governments with a local
second-unit ordinance already in place to ministerially consider second unit applications.
Where the local government lacks a second unit ordinance, the 2003 amendments provide
specific State standards which the local government should apply to ministerially consider
second unit applications.
Calaveras County already has a second unit ordinance in place. Accessory dwellings, or
second units, are addressed in Title 17, Chapter 17.66 of the Calaveras County Code (Ord.
2289 §3(part) 1992), and in other related County Code sections. Chapter 17.66 already allows
for the ministerial review of applications for accessory dwellings. Chapter 17.66, however, is
not internally consistent with other County Code sections; is not always consistent with the
standards set by the State; does not facilitate the construction of affordable housing and can
be difficult to interpret and apply.
It is the intent of State second unit law that any second unit ordinances adopted by local
agencies are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the
ability of homeowners to create second units in zones in which they are authorized. The
purpose of the review herein is to determine the extent to which County Code diverges from
State law and to identify the revisions necessary to bring County Code into compliance with
relevant State requirements.
For simplicity, the following are bullet points that identify areas where the County's Code is
inconsistent with State Law, or where there are unintended consequences.
•
State law does not allow Counties to require public notification prior to consideration
of second units.
•
State law does not allow Counties to require public hearings for second units.
2012-005 County Initiated ZA for Accessory Dwellings
Staff Report
February 23,2012
Page 2
•
State law requires the review and approval of second units to be ministerial (staff
level approval).
•
State law allows only appeals by the applicant when the second unit permit is
denied.
•
Requiring an applicant to obtain a zoning amendment in order to process a second
unit may place an excessive and arbitrary burden on the applicant.
•
County Code does not impose a maximum size on second units. As a result,
second units can be large homes, which does not meet the intent of providing
affordable housing.
•
County Code prohibits second units on lots less than an acre, which includes many
lots that are served by public water and sewer, and are close to shopping and
services.
•
County Code requires a property owner to continuously live on the parcel, and
failure to do so is grounds for revocation of the second unit and prohibition of further
occupancy.
This requirement is potentially excessive, burdensome and
unenforceable
The attached Table 1 provides a more detailed comparison of the County's Code with State
law.
TABLE 1
CONTRAST OF CHAPTER 17 66 WITH APPLICABLE STATE LAW
Potentially Inconsistent Requirements Imposed
By Chapter 17.66 Calaveras County Code
Relevant Requirements Imposed by
Government Code §65852.2
§17.66.010.C.2. is consistent.
§65852.2(a)(1)(A) ... Criteria may include
... adequacy of water and sewer services and
the impact of second units on traffic flow
§65852.2(a)(3) ... the application shall
be considered ministerially without
discretionary review or a hearing.
§17.66.010.C.3. Provides an opportunity for a
public hearing and notification of adjoining
property owners and responsible property
owner associations.
§17.66.030.C. Accessory dwelling applications
shall be submitted to all responsible and
trustee agencies as if an application for a two
parcel subdivision were being considered by
the County.
*If a local government allows new construction
of a single family residence by right or
ministerially and public notice is not given for
these applications, then a local government
should employ the same procedures for
second unit applications.
§17.66.030.D. The planning director may
approve accessory dwelling permits provided that
all development standards are met and that no
*The appropriate point for public comment is
the discretionary action adopting or
amending a second unit ordinance.
2012-005 County Initiated ZA for Accessory Dwellings
Staff Report
February 23,2012
Page 3
public or agency
are
§17.66.030.E. The planning commission shall
hold a public hearing in the event that a public
or agency protest is received within the time
frame specified by the planning department
during the processing period. The planning
commission shall consider all of the
recommendations of responsible and trustee
agencies, property owner associations and
interested members of the public prior to
making a decision.
§17.66.050. All requirements as specified above
may also be required by the commission in the
event that the project requires planning
commission action.
§17.66.040.C. is consistent.
,66.040.0. The accessory dwelling shall
conform to current performance standards and
site development standards of the base zoning
district in which the subject property is located.
If the subject property is within the HS or U interim
base zoning districts, an application for rezoning
to an appropriate zoning district shall accompany
the
§17.66.020.B.
§65852.2(b)(1)(A) ... The unit is not intended
for sale and
be rented.
§65852.2(b)(1)(B) ... The lot is zoned for
single-family or multi-family use.
§17.66.040A is consistent.
either attached to the existing dwelling and
located within the living area of the
existing dwelling or detached from the
existing dwelling and located on the same
Not addressed.
Potential amendments to Chapter 17.66 are
under consideration herein.
Not addressed.
Potential amendments to Chapter 17.66 are
§17.66.030.B. is consistent.
§17.66.040.E. is consistent.
area of an attached second unit shall not
of the
i
area.
exceed 30
§65852.2(b)(1)(F) ... The total area of
floorspace for a detached second unit shall
not exceed 1 200 uare feet.
relating
to height,
lot coverage, architectural
review, site plan review, fees, charges, and
other zoning requirements generally
applicable to residential construction in the
the
is located.
§17.66.040.B. is
as
2012-005 County Initiated ZA for Accessory Dwellings
Staff Report
February 23,2012
Page 4
§17.66.040.F. is consistent.
§17.66.040.G. is consistent.
17.66.020 B. There shall be an existing single
family residence on the subject property which is
occupied by the property owner as the permanent
primary residence of the property owner as
evidenced by a homeowner's exemption carried
on the latest equalized assessor rolls, except in
the case of simultaneous construction as
authorized in Section 17.66.050 of this chapter.
Failure to maintain the primary permanent
residence shall be grounds for revocation of the
accessory dwelling permit resulting in a
prohibition of further occupancy of the accessory
dwelling.
§17.66.050 .... The department may also require
the property owner to submit verification that a
homeowner's exemption has been applied for
inclusion in the next assessment role.
§17.66.020A The subject property shall be no
less than one acre in size. A parcel of 0.99 acres
does not qualify for an accessory dwelling.
Potential amendments to Chapter 17.66 are
under consideration herein.
§17.66.010.E. is consistent.
§65852.2(b)(1)(I) ... Approval by the local
health officer where a private sewage
disposal system is being used, if required.
§65852.2(b)(3) ... A local agency may require
an applicant for a permit issued pursuant to
this subdivision to be an owner-occupant.
*A local ordinance could require one of the
dwellings on the property to be owneroccupied. However, an ordinance with
these restrictions and requirements should
be developed in a manner that encourages
the creation of second units as opposed
to restricting the development of second units.
§65852.2(b)(3) ... This subdivision establishes
the maximum standards that local agencies
shall use to evaluate proposed second units
on lots zoned for residential use which contain
. an existing single family dwelling. No
additional standards, other than those
provided in this subdivision ... shall be
utilized or imposed.
§65852.2(b)(4) ... A local agency may
amend its zoning ordinance or general
plan to incorporate the policies, procedures,
or other provisions applicable to the creation
of second units if these provisions are
consistent with the limitations of this
subdivision.
§65852.2(b)(5) ... A second unit which
conforms to the requirements of this
subdivision shall not be considered to exceed
the allowable density for the lot upon which it
is located and shall be deemed to be a
residential use which is consistent with the
existing general plan and zoning designations
for the lot.
ZONING AMENDMENT
The specific text amendments to Chapter 17.66 and related Code Sections will be submitted at
a later date.
2012-005 County Initiated ZA for Accessory Dwellings
Staff Report
February 23,2012
Page 5
RECOMMENDATIONS
Staff recommends that the Planning Commission open the public hearing and accept
testimony and comments from the Public. Staff further recommends that the project be
remanded back to Staff for further processing, and that the project be continued to the
Planning Commission Hearing of April 12, 2012.
ATTACHMENTS
Attachment 1
Chapter 10.66 Accessory Dwellings, Title 17, Calaveras County Code
Attachment 2
Government Code
2012-005 County Initiated ZA for Accessory Dwellings
Staff Report
February 23,2012
Page 6
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ATTACHMENT 2
Minutes for the Planning Commission
Meeting of February 23, 2012
CALAVERAS COUNTY PLANNING COMMISSION
Summary Minutes for Meeting of February 23, 2012
An audio recording of the meeting is on file at the Planning Oeparlment, 891
Mountain Ranch Road, San Andreas, CA 95249. To schedule an appointment to
review It, please contact the Planning Oeparlment at 209·754·6394. Approved
mlnu/es also may be vIewed at:
www.co.ca/averas.ca.us/plannlng_commlssion.asp.
Planning CommissIon decIsIons may be appealed to the Board of SupervIsors,
and must be flied with the Board Clerk within fifteen (15) days of the Planning
Commission hearing. For more Information, contact the Board Clerk's office at
209·754·6370.
A. CALL TO ORDER AND ROLL CALL
The regularly scheduled meeting of the Calaveras County Planning
Commission was called to order at 9:00 a.m. in the Board Chambers located
at 891 Mountain Ranch Road, San Andreas, California.
Present:
Planning Commissioners:
Ted Allured, District 1
Fawn McLaughlin, District 2
Michelle Plotnik, District 3
Mike Miller, District 4
Gregory Gustafson, District 5
Planning Department:
Debra Lewis, Planner III
Rebecca L. Willis, Planning Director
Legal Staff:
None
Recording Secretary:
Annette Huse, Planner I
B. AGENDA CHANGES/ANNOUNCEMENTS:
None
C. PUBLIC COMMENT PERIOD:
•
Holly Mines spoke regarding ATCAA (Amador, Tuolumne, Community
Action Agency) in regards to development of Affordable Housing in
Calaveras County.
•
Joe Kelly also spoke regarding Affordable Housing.
D. CONSENT AGENDA:
1. APPROVAL of MINUTES from
Commission Meeting.
the
February 9,
2012
Planning
MOTION: Commissioner Plotnlk moved to approve the February 9, 2012
minutes as amended and Commissioner Gustafson seconded the motion.
Motion was approved 5-0-0-0.
E.
PUBLIC HEARINGS:
1. 2012-005 MISCELLANEOUS COUNTY INITIATED AMENDMENTS TO
TITLE 17 RELATED TO ACCESSORY DWELLINGS: The County
proposes to amend Title 17, Chapter 17.66 Accessory Dwellings and
related Code Sections to allow second units, or accessory units, by right
within all residential zones to provide another source of affordable
housing. The amendments will ensure that the County's Zoning Code Is
consistent with California Government Code requirements for second
units. This amendment Is mandated by the June 22, 2010 Calaveras
County Housing Element Update Program H-2.2 second Units. Staff will
compare and contrast applicable state law with the relevant sections of
County Code and will solicit Input from the Planning Commission and the
public regarding amendments to Chapter 17.66. Staff Is recommending
that the Planning Commission then continue the hearing to April 12, 2012.
(Debra Lewis, Project Planner)
STAFF DISCUSSION:
•
Debra Lewis, Project Planner gave a presentation on accessory
dwellings.
•
Commissioner Gustafson asked about other utilities Including gas and
electric.
•
Commissioner Plotnlk responded by stating that PG&E will not allow a
second service or meter on a single parcel.
•
Commissioner
McLaughlin
asked
If
these
were
recommendations or are we trying to comply with State Law.
•
Lewis responded by saying that there are recommendations when a
Jurisdiction has an Ordinance In place.
•
Commissioner McLaughlin asked If It were possible to have different
requirements for accessory dwellings In Community Centers where
sewer and water are available.
State
2
•
Lewis responded by stating that was an option, but cautioned that It Is
mandated, that there be public water and sewer when a well and septic
may serve the parcel just as well.
•
Commissioner McLaughlin expressed her concern regarding
accessory dwellings with septic systems. McLaughlin also spoke
regarding parameters around the size of the accessory dwelling.
McLaughlin asked if It Is still being proposed that one of the homes be
owner occupied.
•
Lewis responded by stating that the State leaves It up to the
jurisdiction.
•
Commissioner Allured asked if future lot splits would be available on
parcels with accessory dwellings.
•
Lewis responded by stating that the code contains a specific provision
that precludes the construction of an accessory dwelling as an excuse
to split the lot.
•
Commissioner Plotnlk responded by stating that if the property owner
was allowed to split their property to begin with, Plotnlk didn't see any
problem with that.
•
Commissioner Allured mentioned not having a public hearing unless
there Is an objection. Allured asked how someone would know to
appeal If there wasn't a public hearing.
•
Lewis responded by stating that It Is not consistent with State law.
Lewis stated that our code provides a formal public noticing process
that notifies public agencies and adjacent parcel owners within 300
feet.
•
Rebecca Willis, Planning Director stated that the State mandates that
we treat these second units by right. Willis stated that our code
currently sets no restrictions on the size of accessory dwellings on
parcels of an acre or more.
•
Commissioner McLaughlin stated that she would like to see some
percentage of existing home square footage up to a maximum of 1,200
square feet. McLaughlin also stated that she would like to talk more
about minimum lot size for outside community plan areas, and Isn't In
favor of a minimum lot size for areas Inside a community plan area that
have the infrastructure. McLaughlin stated that she was not In favor of
owner occupancy restrictions.
3
•
Commissioner Plotnik stated that she agreed that our Ordinance Is not
consistent with State's intent. Plotnik was not in favor of owner
occupancy. Plotnik agrees that the accessory dwelffng size should be
limited and should be associated with the primary unit. Plotnik agreed
that the maximum of 1,200 square feet is sufficient for an accessory
dwelling. Plotnik doesn't feel that a percentage of existing home
square footage is necessary on smaller parcels because setbacks, lot
coverage, and height limitations would restrict the size.
o
Commissioner Allured spoke regarding affordable housing In regards
to accessory dwellings.
o
Commissioner Miller stated that he was In favor of accessory dwellings
with restrictions on size.
•
Commissioner Gustafson spoke regarding division of utilities and Is In
favor of accessory dwellings with restrictions.
PUBLIC COMMENT:
•
Will Moore objected to a size limitation and asked if the second unit
could be two units.
•
Debra Lewis responded and stated that State law limits only one
additional second unit.
o
Dave Haley asked the County to recognize zoning in specific plan
areas.
•
Holly Mines spoke regarding the current Housing Element and asked
the Commission to set a deadline for an Ordinance.
•
Colleen Platt asked if the County could meet with residents of Rancho
Calaveras and find out what their concerns were In regards to their
Special Plan. Platt asked what the definftfon of an accessory dwelling
is. Platt suggested an attached accessory dwelling verses a detached
accessory dwelling.
•
Lew Mayhew expressed his concern on limitation of floor space of
second dwelling.
•
Joe Kelly asked what the definition of affordable housing was. Kelly
asked about the construction price range for affordable housing. Kelly
also asked about the runaway value of affordable housing. Kelly
asked about percentage value for profit margin. Kelly aiso asked what
makes affordable housing. Kelly asked several questions in regards to
Government Code §65852.2. Kelly objected to the homeowner's
exemption. Kelly stated that he would like to see Private Sewage
4
Disposal System term changed to Onslte Wastewater Treatment and
spoke regarding new filtration systems available.
•
Dave Haley cautioned the County regarding requirements of
afford ability or ownership.
•
Joe Kelly stated that the concept of affordable housing started with a
threshold Idea.
•
Deborah Mullen spoke regarding the cost of RIM fees for attached and
detached accessory dwellings. Mullen stated that affordable housing
would be exempt from RIM fees.
•
Commissioner Plotnik stated that she was In favor of parking
requirements for accessory dwellings.
•
Commissioner McLaughlin responded by stating that If you are In an
urban situation, the requirement would preclude an accessory dwelling.
•
Debra Lewis responded by stating that State and County Code allow
flexibility In the approval process.
• Willis stated that the State's definition of affordable housing has to do
with a certain percentage of the median Income.
•
Commissioner Plotnlk stated that she was not In favor of tightening
down on regulations to address affordable housing. Plotnlk stated that
the State's Interest In having second units Is partially affordable
housing, but also to accommodate people's life situations.
•
Commissioner McLaughlin stated that affordable housing Is already
artiCUlated In the Housing Element.
•
Willis stated that the following amendments/consideration will be made
to the code:
o Remove "Owner Occupancy".
o Owner must demonstrate that water and septic/sewer will be
satisfied.
o Include a maximum unit size of 1,200 sq. feet.
o Evaluate 30% restriction which forces units to be too small.
o Include parking at one space per unit (exclude Community
Center Historical Parking).
o Remove one acre minimum lot size.
o Remove reference In code that requires public notification.
o Remove reference In code regarding appeals.
5
MOTION: A motion was made by Commissioner Plotnii< and seconded by
Commissioner Miller recommending that the Planning Commission open
the public hearing and accept testimony and comments from the Public.
Staff further recommends that the project be remanded back to Staff for
further processing, and that the project be continued to the Planning
Commission Hearing of April 12, 2012. Motion was approved 5-0-0-0.
F.
PUBLIC COMMENT:
o
Rebecca Willis stated that the Planning Commission Meeting for March
Oil" 2012 has been cancelled. Willis stated that the Commission would
adjourn until March 22, 2012.
G. STUDY SESSION:
o
Rebecca Willis gave a presentation on the General Plan Land Use Map
Draft #1. This item was presented at a study session before the Board of
Supervisors on February 14, 2012.
H. ADJOURNMENT:
The meeting was adjourned at 12:05 p.m.
Rebecca L. Willis, Planning Director
Date
Ted Allured, Planning Commissioner Chair
Date
6
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ATTACHMENT 3
CEQA Notice of Exemption
Print Form
Notice of Exemption
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812·3044
County Clerk
County of: r.:C"a;:la:::v"'er"a"'s,-_ __
891 Mountain Ranch Rd.
San Andreas, CA 95249
Appendix E
From: (Public Agency): Calaveras Co. Planning Dept.
891 Mountain Ranch Rd.
San Andreas, CA 95249
(Address)
Project Title: 2012·005 County Initiated Amendments to Title 17 • Chapter 17.66 Accessory Dwellings
Project Applicant: _C_a_la_ve_r_a_s_C_o_u_n..cty_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Project Location· Specilic:
CountyWide
Project Location· City:
Project Location. County: County Wide
Description of Nature, Purpose and Beneficiaries of Project:
The proposed amendments will ensure consistency between County Code and Government Code Sections
65852.2 et. seq.
Name of Public Agency Approving Project: _C_a_la_v--::er,.a-,-s_C_o_u_n_ty::--,.-=:---:----::-_ _-,._ _ _ _ __
Name of Person or Agency Carrying Out Project: Calaveras County Planning Department
Exempt Status: (oheck one):
o
o
o
o
Ministerial (Sec. 21080{b){I); 15268);
Declared Emergency (Sec. 21080{b){3); 15269{a));
Emergency Project (Sec. 21080{b){4); 15269{b){c));
Categorical Exemption. State type and section number:.===_ _ _ _ _ _ _ _ _ _ __
Il!I Statutory Exemptions. State code number: -"S.::.8"'ctc.:lo-"n..l"'5.::.0.::.61C--'{.::.b)"-{3"')______________
Reasons why project Is exempt:
Section 15061 (b){3)The activity Is covered by the general rule that CEQA applies only to projects which have
the potential for causing a significant effect on the environment. Where Is can be seen with certainty that
there Is no possibility that the activity In question may have a significant effect on the environment, the activity
Is not subject to CEQA.
Lead Agency
Contact Person: Debra Lewis, Planner III
Area Codeffelephone/Extenslon: 209·754·6394
If flied by applicant:
1. Attach certified document 01 exemption finding.
2. Has a Notice 01 Exemption been filed by the public agency approving the project? 0 Yes
0 No
Signature: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __ Title:
Il!I Signed by Lead Agency 0 Signed by Applicant
Authority cited: Sections 21083 and 21110, Pubtlc Resources Code.
Reference: Sections 21108, 21152. and 21152.1, Public Resources Code.
Date Received for filing at OPR: _ _ _ __
Revised 2011
ATTACHMENT 4
Draft Resolution 2012-010 for CEQA Exemption
COUNTY OF CALAVERAS, STATE OF CALIFORNIA
PLANNING COMMISSION
RESOLUTION NO. 2012-010
»A RESOLUTION RECOMMENDING ADOPTION TO THE BOARD OF
SUPERVISORS OF THE CEQA EXEMPTION FOR 2012-005 MISCELLANEOUS
COUNTY INITIATED ZONING AMENDMENTS TO TITLE 17 RELATED TO
ACCESSORY DWELLINGS
WHEREAS, the June 22, 2010 Calaveras County Housing Element
Update Program H-2.2 Second Units states that: "The County shall amend the Zoning
Code to allow second units, or accessory units, by right within all residential zones to
provide another source of affordable housing. The amendments will ensure that the
County's Zoning Code is consistent with state law requirements"; and
WHEREAS, the May 9, 2005 Calaveras County Housing Element
Implementation Program B.d. Second Dwelling Units states that "The County shall
amend or update Chapter 17.66 of the Zoning Code or adopt a new second dwelling
unit ordinance for consistency with state law enacted in 2003 pursuant to Government
Code Sections 65852.2 et.seq. and 65583.1 et.seq. as may be amended"; and
WHEREAS, the Planning Department recognizes that Title 17, Chapter
17.66 ACCESSORY DWELLINGS does not fully comply with state law, because
accessory dwellings are considered to be a permitted use in some residential zones and
a conditionally permitted use in other residential zones, and because the Accessory
Dwelling application process is not fully ministerial; and
WHEREAS, the project was found to be exempt from CEQA based on
Section 15061 (b)(3), The activity is covered by the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment;
and
WHEREAS, the Planning Commission considered all of the information
presented to it, including its staff report, information presented by the project proponent,
and public testimony presented in writing and at the meeting;
BE IT THEREFORE RESOLVED, that the Planning Commission
recommends adoption of the Categorical Exemption based upon the following finding;
1. The proposed amendments to Title 17 are exempt from CEQA pursuant to CEQA
Section 15061 (b)(3), The activity is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. Where is can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA.
2012-005 County Initiated Misc. Zoning Amendment - Accessory Dwelling
PC Resolution 2012-010
Page 1 of 2
Evidence: The action is for an amendment to Title 17, Chapter 17.66 'ACCESSORY
DWELLINGS' and related Code Sections to allow second units, or accessory
dwellings, by right within all residential zones. Formerly, accessory dwellings were
allowed by right within some residential zones and allowed with a Conditional Use
Permit in others. With the adoption of the amendments proposed herein, accessory
dwellings will be allowed by right in all residential zones.
The inclusion of the Accessory Dwelling language does not grant a substantial
additional entitlement to any residential parcels already developed with a single
family residence, nor does it substantially alter the existing environment on these
parcels. The maximum floor area allowed for an accessory dwelling, regardless if it
is attached or detached, shall not exceed 1,200 square feet, and will cause only a de
minimis environmental impact. The CEQA Guidelines acknowledge the de minimis
impacts to result from the construction of individual accessory dwellings. CEQA
Categorical Exemption 15303(a) consists of the construction and location of limited
numbers of new, small facilities or structures, including the construction of " ... a
second dwelling unit in a residential zone ... "
PASSED AND ADOPTED by the Planning Commission of the County of
Calaveras, at a regular meeting of the Planning Commission held on April 12, 2012 on a
motion by Commissioner
and seconded by Commissioner _____'
AYES:
NOES
ABSTAIN:
ABSENT:
Chair, Planning Commission
ATTEST:
Debra Lewis, Planner III
The project files are available for public review in the Planning Department, County of
Calaveras, Government Center, 891 Mountain Ranch Road, San Andreas, CA. 95249,
between the hours of 8:00 a.m. and 4:00 p.m.
2012-005 County Initiated Misc. Zoning Amendment - Accessory Dwelling
PC Resolution 2012-010
Page 2 of 2
This page intentionally left blank.
ATTACHMENT 5
Draft Resolution 2012-011 for Amendments to Title 17
relating to Accessory Dwellings
COUNTY OF CALAVERAS, STATE OF CALIFORNIA
PLANNING COMMISSION
RESOLUTION NO. 2012-011
»A RESOLUTION RECOMMENDING ADOPTION TO THE BOARD OF
SUPERVISORS FOR PROJECT 2012-005 MISCELLANEOUS COUNTY INITIATED
AMENDMENTS TO TITLE 17 RELATED TO ACCESSORY DWELLINGS
WHEREAS, the June 22, 2010 Calaveras County Housing Element
Update Program H-2.2 Second Units states that: "The County shall amend the Zoning
Code to allow second units, or accessory units, by right within all residential zones to
provide another source of affordable housing. The amendments will ensure that the
County's Zoning Code is consistent with state law requirements"; and
WHEREAS, the May 9, 2005 Calaveras County Housing Element
Implementation Program B.d. Second Dwelling Units states that "The County shall
amend or update Chapter 17.66 of the Zoning Code or adopt a new second dwelling
unit ordinance for consistency with state law enacted in 2003 pursuant to Government
Code Sections 65852.2 et.seq. and 65583.1 et.seq. as may be amended"; and
WHEREAS, the Planning Department recognizes that Title 17, Chapter
17.66 ACCESSORY DWELLINGS does not fully comply with state law, because
accessory dwellings are considered to be a permitted use in some residential zones and
a conditionally permitted use in other residential zones, and because the Accessory
Dwelling application process is not fully ministerial; and
WHEREAS, the project was found to be exempt from CEQA based on
Section 15061 (b)(3), The activity is covered by the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment;
WHEREAS, the Planning Commission considered all of the information
presented to it, including its staff report, information presented by the project proponent,
and public testimony presented in writing and at the meeting;
BE IT THEREFORE RESOLVED, that the Planning Commission
recommends approval of the following proposed amendments to Title 17, included as
Attachment 1 to this Resolution, based upon the following findings;
1. The proposed Code Amendments are consistent with the goals, policies, and actions
of the General Plan.
Evidence: Goal H-2, Affordable Housing, of the Housing Element encourages the
development, construction, and maintenance of safe, decent, and well-built affordable
housing in the county. Policy H-2.6 of the Housing Element states that the County shall
encourage the development of ... second units as a source of affordable housing. The
adoption of the proposed amendments to Title 17 fulfills both the June 22, 2010
Calaveras County Housing Element Implementation Update Program H-2.2 Second
Units; and the May 9, 2005 Calaveras County Housing Element Implementation
Program B.d. Second Dwelling Units.
2012-002 County Initiated Misc. Zoning Amendment - Accessory Dwellings
PC Resolution 2012-011
Page 1 of 2
2. The proposed amendments would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the County.
Evidence: The State Legislature has declared that second units are a valuable form of
housing in California. Second units provide housing for family members, students, the
elderly, in-home health care providers, the disabled, and others, at below market prices
within existing neighborhoods. The State has further declared that local jurisdictions
shall not unreasonably restrict the ability of homeowners to create second units, nor
require arbitrary, excessive or burdensome provisions relating to unit size, parking, fees
or other requirements. Local jurisdictions have been mandated to allow accessory
dwellings by right within all residential zones, in order to achieve these goals.
3. The proposed amendments are internally consistent with other applicable provisions
otTitle 17.
Evidence: Section 17.02.010 discusses the various purposes of ordinances codified in
Title 17. Purpose 17.02.010.0. is to 'establish fair, consistent development standards';
and Purpose 17.002.010 E. is to 'provide a means of prompt, fair project consideration
and review.' Pursuant to state law, the accessory dwelling application process shall be a
ministerial review in all residential zoning district. The code revisions proposed herein
describe a ministerial review process applicable to all residential zoning districts. All
sections of Title 17 relating to Accessory Dwellings, including sections relevant to each
residential zoning designation, were reviewed and revised as necessary to maintain
internal consistency.
See Attachment 1 to this Resolution, Proposed Amendments to Title 17, Chapter 17.66
Accessory Dwellings and related Code Sections.
PASSED AND ADOPTED by the Planning Commission of the County of
Calaveras, at a regular meeting of the Planning Commission held on April 12, 2012 on a
motion by Commissioner
and seconded by Commissioner _ _ _ __
AYES:
NOES:
ABSTAIN:
ABSENT:
Chair, Planning Commission
ATTEST:
Debra Lewis, Planner III
The project files are available for public review in the Planning Department, County of
Calaveras, Government Center, 891 Mountain Ranch Road, San Andreas, CA. 95249,
between the hours of 8:00 a.m. and 4:00 p.m.
2012-002 County Initiated Misc. Zoning Amendment - Accessory Dwellings
PC Resolution 2012-011
Page 2 of 2
PROJECT 2012-005
ATTACHMENT 1 TO DRAFT RESOLUTION 2012-011
PROPOSED AMENDMENTS TO TITLE 17
CHAPTER 17.66 ACCESSORY DWELLINGS AND RELATED CODE SECTIONS
(Please Note: All proposed revisions to the Code are shown in red ink. Where
text is proposed to be added, it is shown in red ink with an underline. Where
text is proposed to be deleted, it is shown in red ink with strike-out added.
When a Section or Subsection is proposed to be deleted in its entirety, the
subsequent Sections/Subsections shall be re-Iettered/re-numbered
accordingly.)
117.06.0070 - Accessory dwelling.]
"Accessory dwelling" means either an attached or detached dwelling unit which provides!
potential living facilities for one or more persons. and exceeds the permitted density for a:
parcel by one unit. Accessory dwellings provide housing for family members. students. the!
,elderl in-home health ca re roviders the disabled and others within existin I
neighborhoods. Accessory dwellings are subject to the provisions of Chapter 17.66 of this!
(title. tncluded are caretaker quarters./
/(Orcl 2859 § 2(pa lt). 2005: 01(/. 2345 § 3 Exh. A (parlJ. 1993: Ord. 1812 § 1(part), 1986).1
Chapter 17.10 Unclassified (U) Zone
17.10.020 Permitted Uses.
E. Accessory Dwelling pursuant to Chapter 17.66 of this title.
Chapter 17.11 Highway Service (HS) Zone
17.11.020 Permitted Uses.
D. Accessory Dwelling pursuant to Chapter 17.66 of this title .
Chapter 17.12 General Forest (GF) Zone.
17.12.020 Permitted Uses.
P. Accessory Dwelling pursuant to Chapter 17.66 of this title .
17.12.030 Conditional Uses.
J. I\ccessory-4A1elling subjeGt to Chapter 17.66 of this coGe .
Chapter 17.14 Timber Production (TP) Zone.
17.14.020. Permitted Uses.
M. Accessory Dwelling pursuant to Chapter 17.66 of this title.
17.14.030 Conditional Uses.
i\ . ACGessory dwelling in GomplianGe '.... ith Chapter 17.66 of this Gode,...(Note: subsequent
subsections shall be re-Iettered accordingly.)
1
Chapter 17.16 General Agriculture (A 1) Zone.
17.16.020 Permitted Uses. A.19 .a. Accessory Dwelling pursuant to Chapter 17.66 of
this title.
Chapter 17.18 Agriculture Preserve (AP) Zone.
17.18.020 Permitted Uses . A.19.a Accessory Dwelling pursuant to Chapter 17.66 of this
title.
Chapter 17.20 Residential Agriculture (RA) Zone.
17.20 .020 Permitted Uses. A.9.a Accessory Dwelling pursuant to Chapter 17.663 0fthis
title. (Note: By deleting the superscript. the additional requiremen t of subsection
17.20.060B.3., which states: "Use allowed only on a parcel of twenty acres or
contiguous parcels totaling twenty acres or more" will no longer apply to this subsection
17.20.020A.9.a.)
17.20.0ilO Conditional Uses. A.2.a Assessory Dwelling pursuant to Chapter 17.661-0
(Note: By deleting the superscript, the additional requirement of subsection
17.20.060B. 7., which states: "The use requires an administrative permit or conditional
use permit only on parcels of less than twenty acres; otherwise the use is a permitted
use." will not apply since subsection 17.020.030A.2.a. is proposed to be deleted in its
entirety.)
Chapter 17.22 Rural Residential (RR) Zone
17.22.020 Permitted Uses.
4. Residential Uses:
e. Accessory Dwelling pursuant to Chapter 17.66 of this title.
17.22.030 Conditional Uses.
/\'2.a. Assessory dwelling pursuant to Chapter 17.66 of this title.
Chapter 17.24 Single Family Residential (R1) Zone
17.24.020 Permitted Uses.
G. Accessory Dwelling pursuant to Chapter 17.66 of this title.
17.24.030 Conditional Uses.
~ i ng on parsels of one asre or more in sonformanse with Chapter
17.66 of this sode.
Chapter 17.32 Rural Home Industry (RM) Zone .
17.32.020 Permitted Uses.
J . Accessory Dwelling pursuant to Chapter 17.66 of this title.
17.32 .030 Conditional Uses.
B. Assessoty-Gwelling pursuant to the provisions of Chapter 17.66.
I
17.100.080 Table A. (Note: As proposed, AccessoQ:: Dwellings are to be a Permitted
Use pursuant to the provisions of Chapter 17.66 in the U, HS, GF, TP, A 1, AP, RA, RR,
R1, and RM Zones)
Use
Permitted
Conditional
U, HS , GF, TP, A1 , AP, RA,
Accessory Dwelling
RR R1 RM oursuant to
2
ChaDter 17,66 of this title,
~Rg
GF, TP, ,1\1, AP , RA, RR , R1 ,
RM
Chapter 17,68 Business in the Home,
17,68,030 Rural Home Business,
17,6B ,Q3Q ,H , No rural home-l3usiRess shall be permitted w ithiR aR aGGessory dwelliRg .
17.68.040. Rural Home Medical Clinic.
17.68,040.H. No rural home medical clinic is permitted in an accessory dwelling.
17.68.050 Rural Veterinarian Clinic.
17.68.050.G. A rural veterinarian clinic is not permitted in an accessory dwelling.
Chapter 17.66 Accessory Dwellings
Sections:
17.66.010- Purpose.
17.66.020 - Minimum requirements.
17.66.030 - Application procedure.
17.66,040 - Development standards,
17.66,050 - Conversion of existing home to an accessory dwelling, or simultaneous
construction.
17.66.060 - Findings.
117.66.010 - Purpose.1
[A·I
[The purpose of an accessory dwelling is to provide opportunities fo~
iaffordable-feRta1 housing, accommodations for family members, students.!
Ithe elderly, in-home health care providers. the disabled , and others, and to:
limplement Section 65852.2 of the California Government Code.1
IB.I
[Accessory dwellings serve the following purposes:1
11·1
Iincreased opportunity to meet unmet housing needs;1
[Housing for relatives no longer capable of independently caring fori
,themselves;1
3
[Provide residences for agriculture caretaking and security!
ipersonnel ;!
[4.!
!Provide guest quarters for nonpaying visitors .!
[c.!
[This chapter accomplishes the following purposes:1
!1.!
[Provides performance standards;1
I
provides a means of evaluation for impact upon public facilities and:
services, including school enrollment, fire protection system, roadl
level of service , water supply and means of sewage disposal;!
I
[Providos an opportunity for a pubUG-Hearin§-and notification o~
!adjOinin!l-flreporty ownors and responsible proporty
flssociations;1
owne~
Prevent the use of accessory dwellings as transient rental o~
[occupancy units;1
IRe places the requirements for guest houses.!
!o.!
~
ccessory dwellings are a state-mandated local program, and are:
categorically exempt from review under provisions of the California!
Environmental Quality Act.1
IAccessory dwellings are legislated densities in excess of the density!
permitted by the general plan . A finding of general plan consistency is not:
required .!
I(Ord 2289 § 3(part), ·1992).!
[17.66.020 - Minimum requirements.[
lin order to be considered for an accessory dwelling permit, the following!
[circumstances shall be satisfied:!
IThe subject property shal l be no [ess than one acre in size. A!
Iparce l of .99 acres does not \1ua[ ify for an accessory d'....elling . The!
sub ject property is of adequate size to co ntain both the primary and'
!accessory dwellings and meet the performance standards and sitel
4
!development standards of the base zo ning district in which thel
[subject property is 10cated.1
'There shall be an existing single-family residence on the subject!
property, wAich is o6G!lflieEl By th8-flFGj:lerty owner as thei
Ij:lermanent j:lrimary resiElence of the j:lFGj:lerty owner as evideRGeG:
,By a homeowners' exemj:ltion carried on the latest eEjlJalized:
lassessor rolls , excej:lt-ifl-#te case of simlJitaneo lJs coAStf\Jctien-as!
!alJthorized in SectionI 17.66 .050! of this chaj:lter. faillJre to
~8-fJfimary, flOFffiaflent res idence shall Be grelJnds for revocation!
IOf the accessory dwelliflg j:lermit reslJlting in a j:lFohiBiOOn of flJrthe ~
,occlJj:lancy of the accessory dwelling .!
maintain~
[c·1
NO more than one accessory dwelling shall be permitted on any:
legally existing parcel of land.1
i
[(arc/ 2289 § 3(parl), 1992).1
[17.66.030 - Application procedure.1
IA.[
IAn application for an accessory dwelling permit shall be filed with thel
planning director j:llJrslJant to!-9Japter 17.id of this cOGe pursua nt to the!
re uirements of Cha ter 17.66. The applicant shall submit a completed'
accessor dwellin a lication form rovided with instructions b thel
Count accom anied b the a ro riate fee as shown on the currentl
[Planning Department Schedule of Fees .!
[B·I
t n accessory dwelling application is subject to all school district fees, fire~
Idistrict fees, and any other applicable special district requirements which[
[wOUld normally be applied to a Bui lding Perm itslJBd ivision of two j:larcels.1
[c·1
IAccessory dwelling applications shall be submitted to all responsible and:
itrustee agencies as if an application for a Building Permittl'lo flarcel:
,slJbdivision were being considered by the county.1
[0·1
iThe planning director may aj:lj:lFGve accessory d'.... elling flermits, flroviEied:
·that all develej:lment standards are met and that no fllJblic or agency;
IOBje6liens are received . shall conside r the application ministerially, without'
discretionar review ublic notice or a hearin . The director shall a rove!
[the application only if he or she determines that the application meets all of;
[the development standards of Chapter 17.66. The director shall deny the!
[application if he or she determines that it does not meet all of SUChl
5
standards. The decision shall be in writin and sha ll state the reasons fOh
approval or disapproval.[
:The planning Gommission shall holEi a publiGhearing in the event that a~
IpUbliG or agenGY protest is rece iveEi '....ith in the time frame speGifieEi by thei
Plann ing Eiepartment €luring the processing perioEi. The planning:
. .
'Eier all of-#le recommenEiations of responsible-aflEiI
ItruSlo&a"onGie&,-flroperty owner associations anEi interesteEi members of;
rior to mailing a Eiecision . An applicant may appeal the decision'
of the Director in conformance with Cha ter 17.98 which is ent itled
["APPEALS", except:!
I
"1
[(1) Notice of the appeal shall on ly be given to the appellant (if not the!
[owner) and to the owner, and ;!
[(2) Tthe grounds for appeal are limited to whether or not thei
!application meets the development standards in Chapter 17,66.1
karer 2289 § 3(pa!t), 1992) .1
117.66.040 - Development standards.j
[Accessory dwellings shall meet the following development standards:j
!A.j
[Accessory dwellings may be attached or detached ,1
[B.j
r,ccessory dwellings shall be permanent structures conforming to:
Ithe building code requirements ofl Title 151 of this code,1
Ic.j
'The accessory dwelling shall not be used for sale, financing or anYl
other means or basis of subdivision of the original subject property!
pursuant to any partition, condominium plan, community apartmen~
project, stock cooperative, parcel map, subdivision map or gif~
,deed,1
[0·1
'The accessory dwelling shall conform to current performance:
standards and site development standards of the base zoningl
Idistrict in which the subject property is located, If the subjeGt:
property is within the HS or U interim base zoning Ei istricts , an~
laflfllication for rezoning to an appropriate zoning Eiistrict shall:
,accompany the applisatien,-!
[E·I
6
Off-street parking shall be provided at the rate of one parking space)
per-eeGFOom in the-pfimary anti accessory dwelling,
,maXimum of four parking spaces. /1.11 parl<ing spaces shall bel
r.ecateEl outside of the front setback.The Plan ning Directo r may:
,furthe r reduce the arkin re uirement "Park in Exce tion" if hel
or she is able to make all of the followin findin s:~
wilI:H:i!
1. The Parkinq Exception will not be detrimental to the health 1
safetv or qeneral we lfare of perso ns residinq in the neiqhborhood'
and will not neaativelv impact traffic safetv or emeraencv vehicle!
access to residences or create hazards bv obstructina views to or:
,from adjoining sidewa lks and streets'!
2 . The Parkin Exce tion will not adverse l affee! the character of;
,the surroundi ng neighborhood .1
13. There is sufficient street
arkin available to accommodate thel
Parki n Exce tion or the second unit is located within 1/3 mile of al
public transit stop.1
IF.j
~
pPlicable building code requirements, domestic water supply!
requirements, sewage disposal requirements and fire protection:
codes shall be satisfied.j
'When an accessory dwelling is not served by a public wate~
system, the existing well(s) shall be tested via a twenty-four-hou~
pump test as performed by a qualified professional as defined in)
Chapter 16.03: of this code. A well statement shall be filed with the~
lenvironmental health department and shall include a source)
capacity report as defined in! Chapter 16.03: of this code. The:
,source capacity report shall meet the criteria defined under Sectionj
16.12.090:(8) .1Chapter 16.12: of this code. Depending on the tes~
Iresults. the following shall apply:1
I
11.1
iTen gallons per minute: no additional requirements;1
12·1
!Five to ten gallons per minute: one thousand five hundredl
,gallons of water storage. of a type suitable to the~
environmental health department, or a second well:
providing a minimum of five gallons per minute shall be:
provided;1
7
13·1
iFor less than five gallons per minute, an accessory dwellingl
,shall not be permitted .1
~
mobile home on a permanent foundation is permitted as ani
accessory dwelling if a mobile home would be permitted as thei
primary dwelling on the same parceLl
I.
The maximum -floor area allowed for an accesso dwellin I
re ard less if it is attached or detached, shall -not exceed 1,200:
square fee t.!
\rOld 2835 § -' , 2005.- Old 2289 § 3 (p8lt) , 1992).1
117.66.050 - Conversion of existing home to an accessory dwelling, o~
isimultaneous construction.1
IWhen a property owner is residing in an existing house on thEHWbjeGt;
I3rol3erty, and wishes to construct a second home to become the primary dwelling,]
but maintains the original home for residential occupancy, the planning]
department may include a condition that the existing structure be deemed thei
accessory dwelling upon completion and occupancy of the new structure _I
Simultaneous construction of both a primary and accessory dwelling is permitted,1
upon approval by the planning department A-sGndition shall ee included which:
'
,
,
resident of the land owner Wior to occuflancy of the accessory dwelling _The:
Ideflartment may also reEluire the flroflerty owner to suem it verification that a~
Ihomeowner's exemfltion has eeen aflfllied for inclusion in the next assessment:
roll. All reEluirements as sl3ecified aeove may also ee reEluired ey the commission!
,in the event that the woject reEluires fllanning commission action _I
l
\r0((1. 2289 § 3(pad), 1992).1
117.66.060 - Findings.1
iThe accessory dwelling permit shall be denied if any of the following!
ifindings are substantiated:1
~·I
'The construction of the accessory dwelling does not meet County:
Code reqU irements for water, wastewater treatment, or legal'
Jaccess. will result in an unmitigated imflact on water sUflflly ,!
Isewage disflosal systems, access roaG&,-fire flrotection system or:
,SGRooI district enrollment!
I
8
lB.'
e slIbjeot property is less than one aore. The su bject property isl
not of ade uate size to contain both the rimar and accessor :
Idwellings. and meet the performance sta ndards and site!
Idevelo ment standards of the base zon in district in wh ich the!
subject property is 10cated.1
[c·1
'IThe accessory dwelling does not comply with the requirements o~
SectionI 17 . 66 . 040~ of this chapter.,
/rOrel. 2289 § 3(palt), 1992).,
9