20.00.20 Junior Accessory Dwelling Unit (JADU) Regulations

A. Purpose. The provisions of this Section are intended to set standards, in compliance with Government Code Section 65852.22, for the development of junior accessory dwelling units to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. The provisions of this Chapter also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types

n compliance with Government Code Section 65852.22, for the development of junior accessory dwelling units to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. The provisions of this Chapter also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types

for all economic segments of the community and to minimize governmental constraints on residential development. B. Applicability. Unless otherwise provided by this Chapter of California Government Code, junior accessory dwelling units shall be allowed by-right (ministerially permitted) in all zoning districts which allow single-unit dwelling. C. Density. As provided by Government Code Section 65852.22 (d) and (e), junior accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. D. General Requirements. A junior accessory dwelling unit: 1 . Shall only be allowed on parcels zoned for primary single-unit dwellings and that include an existing or proposed single-unit dwelling. 2. Is not subject to the density requirements of the General Plan but shall otherwise be consistent with the General Plan text and land use diagrams. 3. Requires property owner occupancy of the junior accessory dwelling unit or the remaining portion of the single-unit dwelling or an accessory dwelling unit located on the same parcel. E. Permitting Time Limits. An application for a junior accessory dwelling unit that complies with all applicable requirements of this Chapter shall be approved ministerially through the Building Permit process. A Building Permit application for a junior accessory dwelling unit on a parcel with an existing single-unit dwelling shall be acted upon within 60 days of the Building Permit application being complete. The Building Permit applicant may request a delay in the County's processing of the Building Permit, which shall result in the tolling of the 60-day period. F. Development Standards. A Building Permit for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards: 1. Maximum Floor Area. A junior accessory dwelling unit shall not exceed 500 square feet in area. 2. Location. A junior accessory dwelling unit shall be contained entirely within the walls of an existing or proposed primary single-unit dwelling. 3. Number Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel which contains a primary single-unit dwelling. 4. Kitchen. The junior accessory dwelling unit shall contain an efficiency kitchen. The efficiency kitchen shall be removed when the junior accessory dwelling unit use ceases. 5. Sanitation. A junior accessory dwelling unit may include a full bathroom, or the occupants of the junior accessory dwelling unit may share the bathroom facilities within the remainder of the single-unit dwelling. If the bathroom facility is shared, an interior entry into the main living area of the single-unit dwelling shall be provided. 6. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single-family dwelling. If a bathroom facility is not shared with the single-unit dwelling, the junior accessory dwelling may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation. 7. Parking. Off-street parking shall not be required for a junior accessory dwelling unit. G. Deed Restriction. Prior to occupancy of a junior accessory dwelling unit, the property owner shall record a deed restriction with the Del Norte County Recorder a deed restriction, which has been approved by the County as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: 1. The junior accessory dwelling unit shall not be sold separately from the single-unit dwelling;

accessory dwelling unit, the property owner shall record a deed restriction with the Del Norte County Recorder a deed restriction, which has been approved by the County as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: 1. The junior accessory dwelling unit shall not be sold separately from the single-unit dwelling;

2. The junior accessory dwelling unit shall comply with all the standards included in this Chapter; and 3. The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the junior accessory dwelling unit and may result in legal action against the property owner and future purchasers.

- - (Ord. 2023 006 (part), 2023; Ord. 95 03 (part), 1995)

- 20.00.30 Second Single Family Unit Regulations

B. Intent. The purpose of this chapter is to authorize second units and to establish a procedure for reviewing and approving their development in order to ensure and maintain healthy and safe residential living environments.

C. Application. A second unit proposed for approval shall require submission of a use permit application and payment of applicable fees.

D. Second single-family unit. A second single-family unit may be a permitted use subject to the issuance of a building permit, subject to all of the following:

1. The subject parcel is within a R, RR, FR, CR, A or AE zone district.

2. The second unit is consistent with the allowable density of the applicable General Plan designation and Zoning designation. That is the subject parcel consists of a minimum of twice the minimum parcel size required by the general plan and zoning.

3. The second unit must be situated on the subject parcel so that the parcel could be subdivided, under standards applicable at the time of application, without resulting in two dwellings on one parcel.

4. The second unit shall comply with height, setback, lot coverage, architectural eview, fees. charges and other zoning requirements generally applicable to residential placement in the zone in which the property is located at the time for application of the building permit.

5. Each dwelling shall be provided with separate utility connections. A shared well may be by the health department.

E. Senior second units - temporary second dwelling uses with kitchen facilities in existing residences or additions to existing residences. A use permit for a temporary second dwelling use with cooking facilities may be considered by the planning commission in a portion of, or an addition to, any legally existing single-family residence subject to all of the following:

1. The second dwelling shall be used for the sole occupancy of one to two adult persons who are sixty-two years of age or over and am immediate family members of the principal residents of the parcel.

2. The total designated floor area of the second dwelling use shall not exceed thirty percent of the floor area of the entire structure, including any proposed addition. However, under no circumstances shall the floor area of the second unit exceed seven hundred square feet.

3. The habitable floor area of the second dwelling shall maintain direct, internal access to the habitable floor area of the primary residence, and a direct exit outside. For purposes of this Section, habitable floor area shall include hallways.

4. Any structural additions or alterations shall comply with all applicable building, zoning, health and fire code requirements.

5. Utilities for the second dwelling area (electricity, water, sewage disposal, etc.) shall be integrated into those of the primary residence as much as is feasible.

6. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the kitchen facilities and any duplicate utilities shall be removed, and the area no longer used for second dwelling purposes.

7. Notice of noncompliance, stating the conditions of the use permit, shall be recorded at the time of issuance of a building permit for the structural addition or alteration to the existing residence.

8. The use permit shall be subject to annual review and verifica-tion of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

F. Invalid family care -Temporary occupancy of a manufactured home or park trailer for invalid family care. A use permit for the temporary establishment and use of a manufactured home or park trailer may be considered by the planning commission as a second dwelling unit in any R, RR, FR, A, AE or TPZ zone district for invalid family care purposes, subject to all of the following:

1. The permit shall be issued to the owner-occupant of a parcel of property, based upon the physical condition of a specific person or persons as an invalid, and such permit shall be nontransferable.

2. The occupant of the subject unit shall be a member of the immediate family of the principal resident(s) who is the owner-occupant of the subject parcel or the occupant of the subject unit shall be a court appointed guardian to the owner-occupant of the subject parcel.

3. Application for persons under the age of seventy years shall include a written statement, on a form provided by the county, completed by a practicing physician certifying the need for and purpose of the requested invalid care. Verification of need shall be submitted with each annual renewal and shall be signed by the attending physician.

4. The unit placement shall comply with all applicable building, zoning, engineering, health and fire code requirements, and must comply with any applicable architectural standards which apply to the parent zoning district; except that density requirements and the requirement for a permanent foundation shall not apply due to the temporary nature of the placement.

5. Utilities for the second dwelling unit (electricity, water, sewage disposal, etc.) shall be integrated into those of the primary residence.

6. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the unit shall be removed within ninety days, and the area no longer used for second dwelling purposes.

7. A bond, or other security, in the amount of five thousand dollars, payable to the county of Del Norte, shall be posted by the applicant prior to the issuance of a building permit for the

placement/installation of the subject unit. Any bond posted as security pursuant to this section shall comply with the provisions of the California Bond and Underwriting Law which commences with Section 995.010 of the California Code of Civil Procedure. This performance bond is to be held by the county and may be called at any time by the county to enforce removal of the unit.

8. A notice of conditional approval, stating the conditions of the use permit and requiring the removal of the manufactured home or park model recreational vehicle upon cessation of need, shall be recorded at the time of issuance of the building permit for the placement (installation) of the unit. A notarized acknowledgement statement by the property owner shall be included on the notice of conditional approval.

9. The use permit shall be subject to annual review and verification of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

10. Any temporary manufactured home or park model recreational vehicle in a TPZ zone district must be located within the designated building area as identified in a Forester's Report.

(Ord. 2023-006 (part), 2023; Ord. 2003-009 § 2, 2003; Ord. 95-03 (part), 1995)

20.02 Enabling Plan 20.02.10 Citation 20.02.20 Adoption 20.02.30 Purpose

20.02.40 District Establishment; Provision For Legal Procedure

20.02.50 District Establishment; Initiation

20.02.60 Unclassified Areas