Chapter 4 — HOME OCCUPATIONS

90404.00 - Purpose/application.

The purpose of this chapter is to establish standards for home occupations. In general, a home occupation is a residential accessory use, so located and conducted or operated that the average neighbor under normal circumstances would not be aware of its existence. The standards for home occupations in this chapter are intended to insure compatibility where other permitted uses and most certainly with residential character of the neighborhood.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.01 - Permitted home occupations.

Home occupations are single person (home occupant and not employee) uses that may include, but are not necessarily limited to, the following:

A.

Artist, sculptor, photographic studio.

B.

Architect, engineer, or other one-person professional service.

C.

Author or composer.

D.

Cottage food operation (Section 114365: California Health and Safety Code).

E.

Dressmaker, seamstress or tailor.

F.

Home crafts such as model making, rug weaving, or lapidary work.

G.

Office of a minister, rabbi or a priest.

H.

Office of a salesman, sales representative, or manufacturer's representative, provided no retail or wholesale transactions are made on the premises.

I.

Office of an architect, artist, broker, consultant, engineer, instructor in the arts and crafts, insurance agent, land surveyor, musician, bookkeeper, accountant, typist, notary public, or private investigator, provided no on-site sales, limited consulting, visitation, by the public occur.

J.

Telephone answering service, (not telemarketing services).

K.

Saw sharpening service.

L.

Key and locksmith service.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.02 - Home occupations prohibited.

Permitted home occupations do not and shall not be deemed to include any of the following or similar uses:

A.

Antique shop (repair or sales).

B.

Appliance repair.

C.

Barber or beauty shop.

D.

Cabinet making or woodworking.

E.

Car repair or small engine repair.

F.

Funeral chapel or funeral home.

G.

Gift shop.

H.

Medical or dental clinic, hospital.

I.

Renting of trailers, autos, trucks or motorcycles.

J.

Restaurant.

K.

Stable or kennel.

L.

Veterinary clinic or hospital.

M.

No cannabis manufacturing shall be allowed as a Home Occupation including, but not limited to, Cottage Food Operation and In-home Retail Sales.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90404.03 - Minimum standards.

Home occupations shall comply with all of the following standards:

A.

The home occupation shall be conducted solely by the occupant of the residence.

B.

The home occupation shall be conducted entirely within the primary or approved secondary structure.

C.

Not more than twenty percent (20%) of the gross floor area of any residence shall be used for such purpose.

D.

A detached accessory building may be used for a home occupation activity if approved by the planning director.

E.

No use shall require external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the structural integrity of the structure.

F.

There shall be no outside storage of any kind relating to the home occupation.

G.

The home occupation shall be a business that can and shall be conducted by appointment only.

H.

The home occupation shall not require the services of commercial freight deliveries other than normal postal type services.

I.

No home occupations shall create noise, dust, vibrations, smells, smoke, glare, electrical interference, fire hazard, or any other hazards or nuisance to any greater or frequent extent than that usually experienced by the average residential occupancy.

J.

There shall be no sales of products or merchandise on the premises.

K.

There shall be no sign permitted on the site indicating the service provided.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

No home occupation shall be recognized or established until an application for a home occupation permit has been submitted and approved by the planning director.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.05 - Home occupation permit application.

An application for home occupation permit shall include the following:

A.

Name and address of the applicant.

B.

Name and address of the property owner(s).

C.

Assessor's parcel number.

D.

Description of the home occupation including:

1.

Trade name of business.

Resale number, if any.

3.

Detail description of the proposed occupation.

4.

Tools, machinery, equipment required or to be used in the process of the home occupation.

5.

Other information determined necessary by the planning director.

E.

Fees for home occupation permit, please refer to land use process fee schedule (Section 90901.03, "Project Not Specified").

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.06 - Review and approval.

The home occupation permit application shall be reviewed and approved or denied by the planning director, under the following procedures:

A.

Upon receipt of an application, the director shall within ten (10) days determine if the application is complete or incomplete.

B.

Upon determining the application to be complete, and within five days thereafter, the planning and development services department shall send direct mail notice per Section 90404.07.

C.

If at the end of the ten-day notice period, opposition is received, the director shall schedule a public administrative hearing and reach a determination.

D.

If at the end of the ten-day notice period, no opposition (written or verbal) has been received, the director shall reach a determination without notice or hearing.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

No home occupation permit shall be issued until notice of pending permit has been issued to all property owners within five hundred (500) feet of subject property for a period of ten (10) calendar days.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.08 - Conditions.

The director and/or the commission may impose reasonable standards or conditions upon an approved permit, including, but not limited to, the following:

A.

Time limit.

B.

Hours of operation.

C.

Advertising restrictions.

D.

Annual compliance review/report.

E.

Surety, insurance and bonds.

F.

On-site area restriction.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.09 - Permit revocation modification.

With cause, any permit issued pursuant to this chapter may be revoked or modified by the planning director or the planning commission. "Cause" shall include, but not be limited, to a violation of the aforesaid minimum standards, and/or any conditions imposed.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90404.10 - Appeal.

An appeal of director's decision under Section 90404.06(d) may be filed within ten (10) days of said decision. Said appeal must be in writing, stating the reasons for the appeal, and must include requisite fees. The director shall schedule the appeal for the planning commission for which notice can be adequately provided. No appeal from the planning commission's determination shall be allowed.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

Chapter 5 - ACCESSORY DWELLING UNITS

The purpose and intent of this Chapter is to provide by ordinance for the creation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in single-family and multifamily residential zones, as specified. Allowing accessory dwelling units within these zones provides additional rental housing stock, and which are an essential component of the housing supply in California. Law authorizes the ordinance for the creation of accessory units to include specified provisions regarding areas where Accessory Dwelling Units may be located, standards, including the imposition of parking standards, and lot density. Pursuant to Government Code Section 65852.150, the creation of ADUs that can offer affordable rents for very low-, lowor moderate-income households are encouraged.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90405.01 - Definitions.

A.

"Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(A)

An efficiency unit.

(B)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Living Area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

C.

"Local Agency" means city, county or city and county whether general law or chartered (for the purpose of this section).

D.

"Junior Accessory Dwelling Unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure, junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

E.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

F.

"Multifamily Dwelling" means a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure per State ADU law. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purpose of State ADU law.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90405.02 - Conditional use permit (required).

The provisions of this chapter shall be applicable to zones where residences are not the primary use, A-2, A- 3, S-1 and S-2.

This chapter does not preempt the use in any zone nor does it provide a guarantee that an accessory dwelling unit (ADU) will be granted, it only provides the standards if an ADU is to be approved.

For nonresidential zones C-2, C-3, M-1, M-2 AM-1 and AM-2 caretaker's residence, owner's residence, security guard residence and manager's quarters shall constitute be an accessory dwelling unit to a primary use.

Exception: Notwithstanding the above, a CUP is not required for "R-1" low density residential lots, and "R-2" medium density residential lots.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90405.03 - Accessory dwelling units.

Accessory Dwelling Units (ADU)'s shall comply with the following:

A.

The unit may be sold separately from the primary residence pursuant to Government Code Section 65852.26.

B.

ADU's must be allowed in any zone that permits residential uses. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

C.

The maximum floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing living area or eight hundred fifty (850) square feet, whichever is greater (or one thousand (1,000) square feet for ADU's with more than one (1) bedroom). (Gov. Code, Section 65852.2, subds. (c)(2)(B) and (C))

D.

Any new detached ADU with a floor area above one thousand two hundred (1,200) square feet, shall be subject to an approved Conditional Use Permit (CUP). (Gov. Code, Section 65852.2, subds. (a)(l)(D)(v))

E.

No passageway shall be constructed in conjunction with the construction of an accessory dwelling unit.

F.

No setback shall be required for an existing structure that is converted to an accessory dwelling unit pursuant to Government Code Section 65852.2 subdivision (a)(1)(D)(vii).

G.

A setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

H.

Local building code requirements that apply to detached dwellings, as appropriate.

I.

Approval by the local health officer where a private sewage disposal system is being used, if required.

J.

When ADU/JADUs are created through the conversion of an existing structure or accessory building (i.e., barn, garage, or carport) replacement of off-street parking spaces shall not be required by the local agency.

K.

A lot where there are multiple detached single-family dwellings is eligible for a creation of one (1) ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards.

L.

If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements.

M.

Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an eight hundred (800) square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

N.

Should an applicant want to expand an accessory structure to create an ADU beyond one hundred fifty (150) square feet, this ADU would be subject to the size maximums outlined in State ADU law or in the local

agency's adopted ordinance.

O.

Pursuant to Government Code Section 65852.2 subdivision (e) allows a detached ADU, a conversion ADU and, if the property is in a single-family residential zone and the primary residence is single-family, a JADU. The four (4) categories of ADUs allowed are:

a.

One (1) ADU (i.e. attached) and one (1) JADU are permitted per lot within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.

b.

One (1) detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and may be required to meet a maximum unit size requirement of eight hundred (800) square feet and a height limitation of sixteen (16) feet.

c.

Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one (1) of these types of ADUs and up to twenty-five (25) percent of the existing multifamily units. Any height limitation that does not allow at least the following, as applicable:

i.

A height of sixteen (16) feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit

ii.

A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

iii.

A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

iv.

A height of twenty-five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two (2) stories.

The above four (4) categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.

P.

All newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU.

Q.

School districts are authorized to, but do not have to, levy impact fees for ADUs greater than five hundred (500) square feet pursuant to Section 17620 of the Education Code. ADUs less than five hundred (500) square feet are not subject to school impact fees.

R.

The maximum ADU and JADU application review time is sixty (60) days. (Gov. Code Section 65852.2, subd. (a)(3) and (b))

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23; Ord. No. 1593, §§ 3, 4, 6-18-24)

90405.04 - General plan consistency.

An Accessory Dwelling Unit shall be deemed consistent with the General Plan pursuant to GC 65852.2 subd. (a)(1)(C).

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90405.05 - Infrastructure/service capacity.

An Accessory Dwelling Unit shall only be allowed in a specific zone if the county finds that the required public services can be provided efficiently, effectively and safely, and further creates no adverse effect on capacity of services such as water, sewer, police and/or fire protection. The county's review of such an application shall be based on cumulative considerations.

ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov. Code, § 65852.2, subd. (f)(2))

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1593, §§ 5, 6, 6-18-24)

90405.06 - Standards (general).

For R-1 and R-2 Zoned Accessory Dwelling Units may only be established until an acceptable building permit application and site plan have been submitted to, and approved by County Planning and Development Services Department, as well as meeting the following development standards:

A.

Meets or can meet all required setbacks for that zone.

B.

Provides or can provide required parking for combined total primary and ADU structure.

C.

Meets or can meet separation requirement for fire and safety codes.

D.

Has legal and physical access to public streets.

E.

Has or will have potable water to ADU.

All ADU and JADU permits shall comply with this Division, with Title 9 Land Use Ordinance Division 5 and with the latest State ADU law, specifically Government Code Section 65852.2 subd. (e) and Civil Code Sections 4740 and 4741.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90405.07 - Standards (minimum).

Accessory Dwelling Units (ADUs) and JADUs may be allowed if they comply with the following minimum standards:

A.

The ADU shall not be counted as an additional unit towards the allowable density of the zone in which it is to be placed.

B.

Pursuant to GC 65852.2, subdivision (e) allows for larger numbers of ADUs through either single-family combinations (conversion, detached & JADU) or multifamily combinations (conversion and detached).

C.

The total square footage of floor area for the ADU shall not exceed the fifty (50) percent of the square footage of the primary residence or eight hundred fifty (850) square feet, whichever is greater (or one thousand (1,000) square feet for ADU's with more than one (1) bedroom), when the ADU is attached to an existing dwelling, per GC 65852.2, subdivision (a)(1)(D)(iv).

D.

The ADU shall contain a separate kitchen and bathroom facilities and have a separate entrance.

E.

Off street parking for the ADU shall be provided for the Zone within which it is to be placed. For ADUs with one (1) bedroom shall provide one (1) parking space. For two (2) or more bedrooms shall provide two (2) parking spaces. These spaces may be provided as tandem parking on a driveway.

a.

Property owner identifies on-street parking along frontage of subject property.

b.

Where no on-street parking along the subject property frontage is available, property owner shall provide additional parking on-site.

F.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces of the primary unit be replaced.

G.

Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made.

H.

No parking shall be imposed for an ADU if:

1.

ADU is located within one-half (½) mile walking distance of public transit.

2.

ADU is located within an architecturally and historically significant historic district.

3.

ADU is a part of the proposed or existing primary residence or an accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the ADU.

5.

When there is a car share vehicle located within one (1) block of the ADU.

6.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory

dwelling unit or the parcel satisfies any other criteria listed in this paragraph.

I.

The ADU shall be constructed according to the provisions of the latest adopted edition of the California Building Code, or in case of manufactured home meet the requirements of the California Code of Regulations, Title 25 (CCR).

J.

The ADU shall be constructed in such a manner as to be compatible with the existing principal dwelling unit and neighborhood in terms of design, height, material and landscaping.

K.

The ADU shall comply with applicable health and safety standards of the County of Imperial, and State of California.

L.

A mobile home or a manufactured home shall be permitted under same terms and conditions as a conventional home. The placement of a manufactured home shall not be allowed to violate CCR requirements.

M.

A setback of not more than four (4) feet from the side and rear lot lines shall be required for an attached or detached ADU.

N.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing three thousand (3,000) square-foot bam converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance. Should an applicant want to expand an accessory structure to create an ADU beyond one hundred fifty (150) square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency's adopted ordinance.

O.

No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height.

P.

An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to one hundred fifty (150) square feet without

application of local development standards, but this expansion shall be limited to accommodating ingress and egress.

Q.

The four (4) categories of ADUs are:

a)

One (1) ADU (i.e., attached) and one (1) JADU are permitted per lot within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.

b)

One (1) detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and may be required to meet a maximum unit size requirement of eight hundred (800) square feet and a height limitation of sixteen (16) feet.

c)

Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one (1) of these types of ADUs and up to twenty-five (25) percent of the existing multifamily structures.

d)

Up to two (2) detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of sixteen (16) feet and four-foot rear and side yard setbacks.

The above four (4) categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.

Q.

Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. However, if the same primary dwelling recently underwent significant alteration or is a new construction and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(I)(D)(xii) and (e)(3))

R.

An applicant may apply to build up to two (2) detached ADUs and at least one (1) interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling.

S.

Newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be

installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

T.

Impact fee exemptions and limitations are based on the size of the ADU. ADUs up to seven hundred fifty (750) square feet are exempt from impact fees, and ADUs that are seven hundred fifty (750) square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3))

U.

Property owners have the option of installing a new electrical meter if the local electrical utility company (Imperial Irrigation District) does not object to the installation of an additional service on the property, subject to the following conditions:

a)

A second electrical service panel (meter) for ADU only must be installed adjacent to the existing electrical service panel for the primary residential dwelling. In the event of an emergency, the County Fire Department must be able to shut off all services in one (1) location.

b)

The new service only applies to ADUs and not attached garages. A subpanel would be required for a new garage.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23; Ord. No. 1593, §§ 7, 8, 6-18-24)

90405.08 - Owner affidavit.

Should a property have both an ADU and JADU, JADU law requires owner occupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90405.09 - Review and approval procedure.

The property owner shall submit a completed County application (ministerial), and site plan and pay applicable review fees. The site plan will include a parking plan and landscaping plan in accordance with Section 90302.00 and Section 90402.00.

Site Plan: Every Application for a land use permit shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department and at a minimum shall include the following:

All property boundary lines.

2.

All property boundary dimensions.

3.

All existing structures (below and above ground).

4.

All proposed structures (below and above ground).

5.

Distance from all structures to property lines and between structures.

6.

North orientation.

7.

Scale.

8.

Access from adjacent street/road.

9.

All utility locations, (i.e. electrical, plumbing).

10.

Name and telephone number of person(s) preparing plan.

11.

Location of known hazard areas, if any.

12.

Assessor's Parcel Number.

13.

Public Use Easement, if any.

14.

Parking.

Landscaping.

16.

Drainage.

The site plan shall be drawn upon substantial paper (eight and one-half inches x eleven (11) inches) using black ink, if eighteen (18) inches x twenty-two (22) inches or larger paper plans must include at least one digital version of the plans. "Blue print", and one-piece xerox copies are acceptable. The Department shall reject any site plan that is incomplete, inaccurate, illegible or otherwise unacceptable.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Planning and Development Services Department will review the building permit (ministerial) application and site plan package to ensure consistency with the County General Plan and Land Use Ordinance. The department shall, within a maximum of thirty (30) days from receipt, determine whether an application is complete or incomplete. The ADU application must be approved or denied within sixty (60) days of receipt of a complete application unless the ADU is proposed with a new primary residence.

•

Any project application deemed complete shall be reviewed for compliance with the General Plan and Land Use Ordinance. If found to be inconsistent, the project will be rejected.

•

Any project application deemed incomplete shall be returned to the applicant with a written letter for transmittal explaining the reasons of rejection.

•

When a project application has been deemed complete and in compliance with the County General Plan and Land Use Ordinance, the project will be processed pursuant to Sections 91001.00 through 91014.02 (building permits).

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90405.11 - Junior accessory dwelling units (JADUs).

A local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance requires a permit to be obtained for the creation of a Junior Accessory Dwelling Unit.

A.

A detached new construction ADU is allowed to be combined on the same lot with a JADU in a single-family residential zone.

B.

A JADU requires owner occupancy in the JADU or the remainder of the house per GC Section 65852.22, subdivision (a)(2), with exceptions for ownership by a government, land trust or housing organization.

C.

A deed restriction shall be recorded, which shall run with the land, shall be filed with the permitting agency, and shall include the following:

1.

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.

2.

A restriction on the size and attributes of the junior accessory dwelling that conforms to this section.

D.

A Junior accessory building must be constructed within the existing walls of the proposed or existing singlefamily residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

E.

Shall include a separate entrance from the main entrance to the proposed or existing single-family residence. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

F.

A Junior Accessory Dwelling Unit may have its own bathroom facility or share facilities with the primary dwelling.

G.

Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:

(A)

A cooking facility with appliances.

(B)

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards.

I.

An application for a permit pursuant to this section shall, notwithstanding Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within sixty (60) days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.

J.

For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.

K.

For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

L.

An ordinance shall not require additional parking as a condition to grant a permit pursuant to GC 65852.22, subdivision (b)(1).

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)