Chapter 20.448 — HOME OCCUPATIONS

It is the intent of this Chapter to provide for the accessory use of a dwelling unit or accessory building(s) on the same parcel as the dwelling for gainful employment involving the manufacture, provision, or sale of goods and/or services. The use must be conducted by the residents of the dwelling unit, be clearly incidental and secondary to the use of the premises for residential purposes, and must not change the character thereof or adversely affect the residential or rural nature of the property or its surroundings. A use permit is not required to conduct a Home Occupation; however, such use shall be subject to all applicable regulations of this Division, such as off-street parking, and to all other permits required under the County Code, such as building permits, business licenses and coastal development permits, where the use constitutes "development" as defined in the Glossary and Coastal Zoning Code Section 20.308.035(D).

(Ord. No. 3785 (part), adopted 1991; Ord. No. 4149 (part), adopted 2005)

Home occupations shall conform to the following requirements:

(A)

No person other than members of the family residing on the premises shall be engaged in the Home Occupation except that one (1) employee shall be permitted when the property on which the Home Occupation is located is a minimum of forty thousand (40,000) square feet.

(B)

The Home Occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes. All aspects of the Home Occupation, including storage, shall be conducted entirely within the dwelling unit or enclosed accessory building(s) on the premises. The total area used for the Home Occupation shall not exceed six hundred forty (640) square feet.

(C)

There shall be no change, resulting from the Home Occupation, in the outside appearance of the building or premises, or other visible evidence of the conduct of such occupation, other than one (1) nonilluminated sign not exceeding two (2) square feet of area.

(D)

The sale of merchandise not produced on the premises (except mail order businesses) shall be clearly incidental and accessory to the merchandise or service produced by the Home Occupation, and shall not be advertised in any manner.

(E)

Not more than ten (10) customers or clients shall come to the premises for services or products during any one (1) day, restricted to the hours 8:00 a.m. to 8:00 p.m. Not more than three (3) delivery vehicles shall access the premises each day.

(F)

Home occupations shall not involve the use of heavy commercial vehicles for delivery of materials to or from the premises.

(G)

No mechanical or electrical equipment shall be employed other than machinery or equipment typical of the type or specifications used in a hobby or a vocation customarily conducted within the confines of a dwelling unit.

(H)

No equipment or process used shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood.

(Ord. No. 3785 (part), adopted 1991; Ord. No. 4149 (part), adopted 2005)

Sec. 20.448.015 - Examples of Uses that Frequently Qualify as Home Occupations.

The following are typical examples of uses which often can be conducted within the limits of the restrictions established in this Division and thereby qualify as Home Occupations. Uses which qualify as Home Occupations are not limited to those named in this paragraph (nor does this listing of a use in this section automatically qualify it as a Home Occupation). Home occupations shall be limited to uses customarily and appropriately conducted within a dwelling unit, notwithstanding allowances for the conduct of Home Occupations within an accessory building:

(A)

Artists and sculptors;

(B)

Authors and composers;

(C)

Babysitters;

(D)

Beauticians and barbers, limited to one (1) chair;

(E)

Dressmaking, seamstress and tailors;

(F)

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

(G)

Repair or fix-it shop for items normally found in or around the home;

(H)

Office facility of an architect, attorney, broker, consultant, dance instructor, doctor, dentist, engineer, instructor in arts and crafts, insurance agent, land or marine surveyor, music instructor, real estate agent, tutor, bookkeeper or accountant;

(I)

Off-site service providers;

(J)

Food and beverage preparation without consumption;

(K)

Mail order businesses.

(Ord. No. 3785 (part), adopted 1991; Ord. No. 4149 (part), adopted 2005)

CHAPTER 20.452 - COTTAGE INDUSTRIES

It is the intent of this Chapter to provide for limited commercial and industrial uses in conjunction with a dwelling which are more extensive than Home Occupations, but which, like Home Occupations, do not alter or disturb the residential or rural nature of the premises or its surroundings. Such limited commercial and industrial uses are known as Cottage Industries.

(Ord. No. 3785 (part), adopted 1991)

(A)

Cottage Industries may be permitted upon issuance of a use permit in AG, FL, TP, RL, RR, RMR, SR and RV Districts.

(B)

A use permit for a Cottage Industry may be granted for an unlimited period of years, unless it is determined that a shorter period is more appropriate to insure conformance with the intent and standards of this Chapter or other applicable requirements.

(Ord. No. 3785 (part), adopted 1991)

(A)

The particular uses conducted by the Cottage Industry, and their operation and appearance, shall not change or disturb the residential or rural character of the premises or its surrounding.

(B)

The use shall be environmentally compatible with the project site and region.

(C)

No additional service demands will be created by the use.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.452.020 - Specific Standards for Cottage Industries.

Cottage Industries shall conform to the following requirements:

(A)

Not more than two (2) outside persons may be employed on the premises in addition to the members of the family residing on the premises.

(B)

The Cottage Industry shall be clearly incidental and subordinate to the residential use of a parcel containing a dwelling occupied as a principal residence of the owner or operator of the Cottage Industry.

(C)

Multiple uses are permitted within the Cottage Industry. The total area occupied by all uses within the Cottage Industry, including storage, shall not exceed one thousand (1,000) square feet.

(D)

All aspects of the Cottage Industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), with the exception of outdoor storage of materials, products or vehicles as specifically provided by the use permit. There shall be no other change in the outside appearance of the building or premises, except one (1) nonilluminated sign not exceeding four (4) square feet.

(E)

The sale of merchandise not produced on the premises (except mail order businesses) shall be incidental and accessory to the merchandise or service produced by the Cottage Industry, and shall not be advertised in any manner.

(F)

Not more than ten (10) customers or clients shall come to the premises for service or products during any one (1) day. Not more than three (3) delivery vehicles shall access the premises each day.

(G)

The use and parking of large vehicles or construction equipment (such as trucks of over one (1) ton rating) or vehicles being repaired shall be regulated by the use permit. Not more than one (1) vehicle for servicing may be parked in public view.

(H)

No equipment or process used in the Cottage Industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by singlefamily residential uses in the neighborhood, nor shall noise exceed the one or two-family residential standards in Appendix B at the property line.

(Ord. No. 3785 (part), adopted 1991; Ord. No. 4149 (part), adopted 2005)

Sec. 20.452.025 - Examples of Uses Permitted Upon Securing a Use Permit.

(A)

The following are examples of use types that may be treated as Cottage Industries and that may be permitted in the Rural Residential, Remote Residential, Suburban Residential and Rural Village Zoning Districts:

Administrative and Business Offices;

Animal Sales and Services: Household Pets;

Animal Sales and Services: Veterinary (Large Animals);

Animal Sales and Services: Veterinary (Small Animals);

Automotive and Equipment: Repairs, Light (Not allowed in SR);

Building Maintenance Services;

Business Equipment Sales and Services;

Custom Manufacturing: Light Industrial;

Food and Beverage Preparation: Without Consumption;

Horticulture;

Mail Order Businesses;

Medical Services;

Personal Services;

Repair Services: Consumer.

(B)

The following are examples of use types that may be treated as Cottage Industries and that may be permitted in Range Lands, Agricultural, Forest Lands and Timberland Production Zoning Districts:

Administrative and Business Offices;

Agricultural Sales and Services;

Animal Sales and Services: Household Pets;

Animal Sales and Services: Veterinary (Large Animals);

Animal Sales and Services: Veterinary (Small Animals);

Automotive and Equipment: Repairs, Light;

Automotive and Equipment: Repairs, Heavy;

Building Maintenance Services;

Business Equipment Sales and Services;

Custom Manufacturing: Light Industrial;

Food and Beverage Preparation: Without Consumption;

Mail Order Businesses;

Packing and Processing: Limited;

Packing and Processing: General;

Packing and Processing: Winery;

Personal Services;

Repair Services: Consumer.

(Ord. No. 3785 (part), adopted 1991; Ord. No. 4149 (part), adopted 2005)

Sec. 20.452.030 - Conflict Resolution.

Where a use described in this Chapter is permitted without the necessity of obtaining a use permit within the zoning district the regulations within the district shall apply.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.456 - ACCESSORY USE REGULATIONS

Sec. 20.456.005 - Declaration.

It is the intent of this Chapter to establish the relation among the principal and accessory uses and the criteria for regulating accessory uses.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.456.010 - Accessory Uses Encompassed by Principal Permitted Use.

(A)

In addition to the principal permitted uses expressly included in the zoning districts such use types shall be deemed to include such accessory uses which are specifically identified by these Accessory Use Regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal permitted uses. When provided by these regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal permitted use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal permitted uses and the relationship between the proposed accessory use and the principal use. Accessory uses shall not include manufacturing, processing or transportation of flammable, explosive, toxic or other hazardous materials. Such

determinations which are made by the Director may be appealed pursuant to the administrative appeal procedure commencing at Chapter 20.544.

(B)

An accessory structure may be constructed prior to the construction of a dwelling on the premises. An accessory structure shall not be used for temporary or permanent occupancy as a residence, without compliance with Section 20.460.025 (Construction Support). Accessory uses and structures shall be

subject to the provisions of Chapter 20.532 (Permit Regulations) and where applicable Chapter 20.504 (Visual Resource and Special Treatment Areas).

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.456.015 - Residential and Agricultural Use Types.

Subject to the restrictions and limitations of this Chapter, including the granting of a Coastal Development Permit, where applicable, the following accessory buildings and uses shall be permitted in all zoning districts which allow a single-family residence:

(A)

Private garages.

(B)

Children's playhouse, patios, porches, gazebos, etc.

(C)

Windmills.

(D)

Shops (non-business purposes).

(E)

Barns.

(F)

Private swimming pools and hot tubs (not subject to setback requirements in the side or rear yards of any district).

(G)

Accessory Living Unit. Not more than one (1) guest cottage or detached bedroom may be permitted on each legal parcel. An ADU and/or a JADU may also be permitted, subject to the limitations established in Chapter 20.458.

(H)

Room and Board. The renting of not more than one (1) room for occupancy by transient guests for compensation or profit, except on properties with an ADU and/or a JADU where such use shall be prohibited.

(I)

Day care center, family care home, or school, for six (6) or less persons.

(J)

Travel Trailer or Camper. The maintaining of one (1) travel trailer or camper in dead storage where it is not used for occupancy or business purposes. All stored travel trailers or campers in excess of one (1) shall be stored out of sight from a public right-of-way. The connection, for any continuous period exceeding fortyeight (48) hours, of any utility or service such as electrical, water, gas or sewage to the travel trailer or camper shall be prima facie evidence that it is being used for habitation or business purposes.

(K)

Home Occupations. Subject to Chapter 20.448.

(L)

Household Pets. The keeping of dogs and cats and other household pets, but not including kennels.

(M)

Accessory Parking.

(1)

The parking of one (1) large vehicle or construction equipment upon private property forty thousand (40,000) square feet or less in size.

(2)

The parking of two (2) large vehicles or construction equipment upon private property greater than forty thousand (40,000) square feet but less than five (5) acres.

(3)

The parking of three (3) large vehicles or construction equipment upon private property in excess of five (5) acres.

(4)

Nothing in this subsection shall restrict the number of vehicles or construction equipment used by the property owner for their own agricultural o: home use.

As used in this subsection "large vehicle" shall mean vehicles of three-ton tare (unladen weight).

(N)

Public Access. The offer to dedicate and acceptance of a dedication for an accessway except that the construction of a public access trail and/or construction of a staircase accessway on a bluff face (as determined by the Department of Planning and Building Services) will require a Coastal Development Use Permit.

(O)

Other Necessary and Customary Uses. Accessory non-residential uses and non-residential structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to a principal permitted use, as determined by the Director of Planning and Building Services.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 7, 11-9-2021)

Sec. 20.456.020 - Civic, Commercial, Industrial, or Extractive Use Types.

(A)

Public Access. The offer to dedicate, acceptance of a dedication or construction of a public access trail except that the construction of a staircase accessway on a bluff face (as determined by the Department of Planning and Building Services) will require a use permit.

(B)

Accessory structures and uses necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal civic, commercial, industrial or extractive uses shall be permitted where these use types are permitted.

(Ord. No. 3785 (part), adopted 1991)

Chapter 20.458 - ACCESSORY DWELLING UNITS[[64]]

Footnotes:

--- ( 64 ) ---

Editor's note— Ord. No. 4497, §§ 8—18, adopted November 9, 2021, repealed Ch. 20.458, §§ 20.458.005 —20.458.020, and enacted a new Ch. 20.458 as set out herein and later amended. Former Ch. 20.458 pertained to second residential units and derived from Ord. No. 3785, adopted 1991 and Ord. No. 4083, adopted 2002.

The intent of this chapter is to regulate the creation of ADUs and JADUs in all zones within the unincorporated areas of the Coastal Zone of Mendocino County as required by Section 65852.2 and Section 65852.22 of the California Government Code, as amended. Section 65852.2 and Section 65852.22 establish specific requirements for the regulation of ADUs and JADUs with the goal of increasing statewide availability of smaller, more affordable housing units. In accordance with Section 65852.2, ADUs and JADUs are not considered new residential units for the purpose of calculating residential density. This chapter is intended to protect coastal resources when regulating ADUs and JADUs in the Coastal Zone, while also complying with the standards in Section 65852.2 and Section 65852.22 to the greatest extent feasible.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.010 - Cap on Number of Accessory Dwelling Units.

The number of permitted ADUs within the Coastal Zone outside of the Gualala Town Plan area shall be limited to five hundred (500) units. JADUs are exempted from this cap.

Any change to the cap on the number of ADUs shall require a Local Coastal Program amendment. Prior to a Local Coastal Program amendment to modify the cap, a traffic analysis shall be prepared to evaluate impacts associated with proposed ADU allowances and future growth on the capacity of State Route 1 in the Coastal Zone of Mendocino County.

Within the Gualala Town Plan area, a maximum of one hundred (100) ADUs may be permitted. JADUs are exempted from this cap. When this number has been reached, a review shall be conducted to determine if ADUs are meeting the intent of providing additional affordable housing and whether additional ADUs can be accommodated. Any change to the maximum number of ADUs in the Gualala Town Plan area shall require a Local Coastal Program amendment. Prior to a Local Coastal Program amendment to increase or remove the cap, the County shall provide information that demonstrates that the plan area has adequate water and sewer capacity for projected buildout and a traffic analysis shall be prepared to evaluate impacts associated with proposed ADU allowances and future growth on the capacity of State Route 1 in Gualala and the surrounding Coastal Zone area.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.015 - Permit.

ADUs or JADUs may be permitted in any zone that allows residential uses as a permitted or conditional use ADUs or JADUs may be permitted in accordance with one (1) of the following determinations:

(A)

Determined to be exempt from the requirement to obtain a coastal development permit pursuant to Section 20.532.020; or

(B)

Determined to meet the criteria for a coastal development ministerial permit pursuant to Section 20.532.015(B); or

(C)

Determined to require a coastal development permit pursuant to Section 20.532.015(A).

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.020 - General Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units.

ADUs and JADUs shall conform to the following standards:

(A)

An ADU or JADU shall only be permitted on a parcel that either contains an existing or proposed singlefamily dwelling. A proposed single-family dwelling means a dwelling that is the subject of a coastal development permit or Categorical Exclusion application and that meets the requirements for permitting. A ministerial or administrative coastal development permit application for an ADU or JADU submitted with the permit application for the proposed single-family dwelling shall be acted on after the application for the proposed single-family dwelling has been acted on and all appeal periods have ended. A certificate of occupancy for an ADU shall not be issued before the certificate of occupancy is issued for the primary dwelling.

(B)

An ADU may be attached to the single-family dwelling or located in a detached, separate structure.

(C)

An existing legally-authorized accessory structure, accessory living unit, or family care unit may be converted into an ADU consistent with the provisions of this Chapter.

(D)

Where a dwelling group or parcel clustering is approved, no ADU or JADU shall be allowed.

(E)

ADUs and JADUs may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence except when the primary dwelling and the ADU are built by a qualified non-profit corporation and the ADU will provide low-income housing in accordance with California Government Code Section 65852.26.

(F)

ADUs and JADUs are intended to increase the supply of non-transient housing. Restrictions regarding use of ADUs and/or JADUs as vacation home rentals are as follows:

(1)

In the coastal zone, on a property with an ADU and/or JADU, use of an ADU or JADU or any dwelling for transient habitation shall be prohibited. Existing licensed vacation home rentals in legal, non-conforming ADUs shall be phased out as business licenses are abandoned or expire. Vacation home rental licenses shall not be transferable to another location, person, or entity, except that the property owner may transfer the license to a spouse/domestic partner, child, parent, or, for estate planning purposes, to a trust in which the property owner serves as a trustee, which shall not be deemed a change of ownership for purposes of Section 6.04.070(g) of the County Code.

(2)

Prior to obtaining a building permit for an ADU or JADU, a deed restriction, approved by the County, shall be recorded with the County Recorder's office, which shall include (a) the prohibition on the use of any dwelling for transient habitation and (b) for ADUs and JADUs proposed within one hundred twenty-five

(125) feet of the bluff edge that require the construction of a new structure, result in an expansion of an existing structure, or require repair or improvements to an existing structure to the extent that it constitutes a replacement structure pursuant to section 13252 of Title 14, California Administrative Code, a prohibition on the development of bluff or shoreline protective devices to protect the ADU or JADU from bluff retreat, erosion, or other coastal hazards in the future. The deed restriction shall run with the land, and be binding upon any future owners, heirs, or assigns.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.025 - Specific Standards for Accessory Dwelling Units.

ADUs are subject to the following specific standards and criteria:

(A)

In the coastal zone outside of the Gualala Town Plan area, on properties with zoning classifications that do not allow multi-family residential uses, an ADU shall not be allowed if more than one (1) dwelling unit (including farm employee housing, farm labor housing, temporary family care unit, but not including a JADU) is located on the parcel, and/or if there currently exists more than one (1) guest cottage and/or detached bedroom on the parcel.

(B)

On properties with zoning classifications that allow multi-family residential units (i.e., Commercial, Suburban Residential, Gualala Village Mixed Use, Gualala Highway Mixed Use, or Gualala Planned Development) and which have existing two-family or multifamily dwelling structures, at least one (1) ADU shall be allowed within an existing two-family or multifamily structure. Multiple ADUs up to twenty-five (25) percent of the existing multifamily dwelling units may be allowed if each ADU complies with State building standards for dwellings. No more than two (2) detached ADUs shall be permitted on a parcel with an existing multifamily dwelling.

(C)

In the coastal zone outside of the Gualala Town Plan area, on properties with zoning classifications that allow multi-family residential units which have an existing single-family dwelling, an ADU and a JADU may be allowed, in addition to a guest cottage and/or detached bedroom.

(D)

ADUs shall conform to height, setback, site plan review, fees, charges and other zoning requirements generally applicable to residential construction within the zone in which the ADU is located with the following exceptions:

(1)

An existing legally-authorized accessory structure which does not meet front, rear or side yard setback requirements may be converted to an ADU or reconstructed to the same dimensions as the existing structure and converted to an ADU and would not be considered an expansion of a legal, non-conforming use unless the conversion increases the non-conformity of the structure.

(2)

A minimum setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU.

(E)

ADUs are subject to the following floor area limitations:

(1)

For a detached ADU, total floor space may not exceed one thousand two hundred (1,200) square feet.

(2)

For an attached ADU, total floor space may not exceed one thousand two hundred (1,200) square feet or fifty (50) percent of the floor space of the existing or proposed single-family dwelling, whichever is less. In no instance shall the floor space of an attached ADU be restricted to less than one thousand (1,000) square feet for an attached ADU that provides more than one (1) bedroom or less than eight hundred fifty (850) square feet for an attached ADU that provides one (1) or less bedroom.

(F)

See Section 20.458.035 for additional and more restrictive standards for ADUs on properties within the Gualala Town Plan area.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.030 - Specific Standards for Junior Accessory Dwelling Units.

JADUs are subject to the following specific standards and criteria:

(A)

In the coastal zone outside of the Gualala Town Plan area, a JADU may be allowed on a legal parcel in addition to one (1) single-family dwelling, an ADU, and a maximum of one (1) other accessory living unit (i.e. detached bedroom or guest cottage).

(B)

After January 1, 2025, a JADU may only be established when either the single-family residence in which the JADU is created or the JADU will be occupied by the owner of the residence.

(C)

No more than one (1) JADU may be located on a parcel.

(D)

A JADU must be contained entirely within a legally-authorized single-family dwelling and total floor space may not exceed five hundred (500) square feet.

(E)

A JADU may be located within an existing legally-authorized single-family dwelling that does not meet setback requirements and it would not be considered an expansion of a legal non-conforming structure unless the conversion increases the non-conformity of the structure.

(F)

A separate entrance to the JADU shall be provided.

(G)

A JADU may share a bath with the single-family dwelling or have its own bath.

(H)

A JADU is required to include an efficiency kitchen as defined in Section 20.308.040(B).

(I)

For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.

(J)

Prior to obtaining a building permit for a JADU, a deed restriction, approved by the County, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a JADU including, but not limited to, the prohibition on use of the unit for transient habitation, restrictions on size, and prohibition on sale separate from the sale of the single-family dwelling, which shall run with the land, and be binding upon any future owners, heirs, or assigns.

(K)

See Section 20.458.035 for additional and more restrictive standards for JADUs on properties within the Gualala Town Plan area.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.035 - Specific Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in the Gualala Town Plan Area.

ADUs and JADUs in the Gualala Town Plan area are subject to all of the standards and requirements of this Chapter in addition to the following more restrictive standards:

(A)

An ADU or JADU may not be permitted on parcels where there is more than one (1) dwelling unit (including temporary family care unit) or a guest cottage or detached bedroom.

(B)

ADUs or JADUs are prohibited on parcels that are located west of State Route 1.

(C)

On parcels that are less than one-half (0.5) acre in size, ADUs shall be required to be attached to the primary residence or as a second-story to a detached garage.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.040 - Public Health and Safety Requirements.

(A)

ADUs and JADUs shall comply with applicable local building code requirements. Fire sprinklers, however, shall not be required in an ADU or JADU if they are not required in the single-family dwelling.

(B)

The Division of Environmental Health shall review and approve the availability and adequacy of the water system for all ADUs and any JADUs that are not exempt from CDP requirements pursuant to Section 20.532.020(G) and result in the creation of additional bedrooms. An adequate water supply must be available to serve the proposed new residence as well as existing residences on the property. If the property is located in a service district, the property owner must provide written approval from the service district specifically authorizing the connection of the ADU.

(C)

The Division of Environmental Health shall review and approve the availability and adequacy of the sewage disposal system for all ADUs and any JADUs that are not exempt from CDP requirements pursuant to Section 20.532.020(G) and result in the creation of additional bedrooms. Adequate sewage capacity must be available to serve the proposed new residence as well as existing residences on the property. If the property is located in a service district, the property owner must provide written approval from the service district specifically authorizing the connection of the ADU.

(D)

For ADUs, a preliminary clearance letter from CalFire shall be required for all ADUs on properties within a State Responsibility Area (SRA). For properties within a Local Responsibility Area, a letter shall be required from the local fire district indicating that all fire safety requirements can be satisfied. A letter from the local fire district shall also be required for properties within an SRA if the local fire district requests that ADU applications be referred for review and approval.

(E)

ADUs are prohibited in areas designated as Floodplain ("FP") Combining District and/or designated special flood hazard areas which are shown on Flood Insurance Rate Maps as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

All ADUs shall comply with the following requirements for the protection of coastal resources; JADUs shall comply where applicable:

(A)

ADUs and JADUs may not be located within one hundred (100) feet of the boundary of an Environmentally Sensitive Habitat Area unless contained entirely within a legally authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with an ADU (well, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) must also be located more than one hundred ()100 feet from the boundary of an Environmentally Sensitive Habitat Area. An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the development is consistent with the standards established in Chapter 20.496.

(B)

ADUs and JADUs may not be located within one hundred twenty-five (125) feet of the edge of a coastal bluff unless contained entirely within a legally-authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with an ADU or JADU must also be located more than one hundred twenty-five (125) feet from the edge of a coastal bluff. An exception to these requirements may be authorized through the administrative coastal development permit process where the development is consistent with the standards established in Chapter 20.500.

(C)

An ADU may not be located within a Highly Scenic Area unless the ADU would be permanently and entirely blocked from view from all public areas including highways, roads, coastal trails, vista points, beaches, parks, coastal streams, and waters used for recreational purposes. An exception to this requirement may be authorized through administrative coastal development permit process in circumstances where the development is consistent with the standards established in Chapter 20.504. ADUs located outside of Highly Scenic Areas that are visible from a public viewpoint shall be of a similar architectural style, building materials and colors as the primary residences on the property.

(D)

An ADU may not be permitted if the total amount of grading associated with construction of the ADU is more than twenty (20) cubic yards. An exception to this requirement may be authorized through the administrative coastal development permit process, as applicable, in circumstances where the grading is consistent with the standards established in Chapter 20.492.

(E)

The following standards are established for the protection of agricultural and timber resources in the Coastal Zone:

(1)

On parcels zoned AG, RL, FL or TPZ, a detached ADU may only be permitted, if it is setback no greater than one hundred (100) from the existing or proposed legally-authorized primary residence and relies on the primary residence's driveway or another legally-authorized existing driveway. An ADU established within a legally-authorized residential structure existing as of the effective date of the ordinance establishing these requirements is exempt from these requirements.

(2)

On parcels zoned AG or RL, an ADU may not be located on land designated "Prime Agricultural Land." On parcels zoned AG or RL, development associated with ADUs and JADUs (wells, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) shall not encroach beyond the existing residential development footprint onto lands suitable for agriculture. An exception to these requirements may be authorized through the administrative coastal development permit process, as applicable, in circumstances where the applicant can demonstrate, through consistency with the Supplemental Findings contained in Section 20.532.100(A)(2) and (B), as applicable, that the ADU will not impact the long-term productivity of the agricultural land and that the ADU is compatible with the commercial growing and harvesting of timber.

(3)

On parcels zoned FL and TPZ, an ADU may only be permitted in locations where no major vegetation removal or harvesting is necessary. On parcels zoned FL or TPZ, development associated with ADUs and JADUs (wells, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) shall not encroach beyond the existing residential development footprint onto lands suitable for timber production. An exception to these requirements may be authorized through the administrative coastal development permit process, as applicable, in circumstances where the applicant can demonstrate through consistency with the Supplemental Findings contained in Section 20.532.100(A)(2), that the ADU will not impact the long-term productivity of soils and timberlands and that the ADU is compatible with the commercial growing and harvesting of timber.

(F)

An ADU may not be permitted in a residential area on a parcel within two hundred (200) feet of lands that are designated AG, RL, FL or TPZ unless it is attached to an existing legally-authorized residence and does not extend further into the setback from the parcel with AG, RL, FL or TPZ zoning. In such cases, the ADU would not be considered an expansion of a legal, non-conforming use.

(G)

An ADU may not interfere with a public or prescriptive easement for access to the blufftop and/or shoreline.

(H)

An ADU may not be permitted in an area designated as Development Limitations ("DL") Combining District and/or Seismic Study ("SS") Combining District unless a report, prepared by a licensed engineer can

demonstrate that the proposed development is consistent with the standards established in Chapter 20.416, and Chapter 20.432, respectively.

(I)

ADUs may not be permitted on a property with known archaeological resources unless an administrative coastal development permit is applied for and received and where reasonable mitigation measures shall be employed to protect archaeological resources.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

Sec. 20.458.050 - Parking Requirements.

The following requirements and standards for off-street parking shall apply to ADUs and JADUs:

(A)

No additional parking is required for a JADU.

(B)

ADUs which meet any one (1) of the following criteria are exempt from the parking requirements in this section:

(1)

Located within one-half (½) mile walking distance of a public transportation stop along a prescribed route according to a fixed schedule.

(2)

Located within one (1) block of a car share parking spot.

(3)

Located entirely within the primary residence and the ADU does not result in a net increase in habitable floor area on the property.

(4)

Located in an area where on-street permit parking is required, but such permits are not available to the tenant.

(5)

Located within a designated historic district.

(C)

One (1) parking space is required per ADU and the space may be provided through tandem parking.

(D)

Parking for ADUs is allowed in front, rear and side setback areas.

(Ord. No. 4497, §§ 8—18, 11-9-2021)

CHAPTER 20.460 - TEMPORARY USE REGULATIONS

Sec. 20.460.005 - Declaration.

The purpose of this Chapter is to establish standards and conditions for regulating temporary uses and outdoor gatherings of a temporary nature.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.460.010 - Identification of Permitted Temporary Uses.

The following temporary uses and associated development may be permitted as specified by these regulations:

(A)

Entertainment Events or Religious Assembly. The temporary gathering of people for a circus, carnival, concert lecture, art or antique show or religious purposes.

(B)

Construction Support. Temporary building and structures supporting residential development and/or major construction.

(C)

Uses in New Subdivisions. Temporary uses in new major or parcel subdivisions which support the sale of dwellings and lots within the same subdivision.

(D)

Camping. The temporary camping on a parcel.

(E)

Use of a Trailer Coach. Temporary use of a trailer coach for certain purposes.

(F)

Family Care Unit. The temporary use of a building, structure or trailer coach to provide housing for (a) not more than two (2) adult persons who are sixty (60) years of age or older, or (b) an immediate family member or members who requires daily supervision and care, or (c) person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(G)

Film Production. The temporary use of a building, structure or property for the purposes of film production if film production activities constitute development as defined by Section 20.308.035(D), a Coastal Development Permit shall be required.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.460.015 - Temporary Uses Subject to Controls.

Temporary uses shall be subject to all regulations as would be applied to any use located in the same zone, except as otherwise provided by these regulations.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.460.020 - Entertainment Events or Religious Assembly.

The temporary gathering of people for a circus, carnival, concert, lecture, art or antique show or religious purposes may be permitted upon the issuance of a Coastal Development Permit (Chapter 20.532) in compliance with the following provisions:

(A)

Location. A circus, carnival, concert, lecture, art or antique show or religious assembly may be permitted in any zone.

(B)

Duration. The period of operation of the circus, carnival, concert, lecture, art or antique show or religious assembly shall not exceed fourteen (14) days in any twelve (12) month period.

(C)

Permits.

(1)

Gatherings of one hundred (100) to one thousand (1,000) persons shall be required to obtain a Coastal Development Permit.

(2)

Gatherings of over one thousand (1,000) persons shall be required to obtain a Coastal Development Use Permit.

(D)

Exclusions.

(1)

The provisions of this section are not intended to include or regulate private gatherings such as weddings, house-warnings, family gatherings, barbecue or other similar gatherings.

(2)

Public gatherings that have historically and repeatedly taken place in permanent structures or on existing facilities, unless consistent with uses allowed in that zone, are considered as nonconforming uses which will be excluded from the provisions of this section. See Chapter 20.480 for Nonconforming uses.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.460.025 - Construction Support.

The temporary occupancy of buildings during the course of construction may be permitted upon the issuance of a Coastal Development Administrative Permit pursuant to Chapter 20.532.

(A)

Major Construction. Temporary buildings during the construction phase for commerce, industry or five (5) or more dwelling units to allow the housing of tools, equipment and supervisory offices provided such temporary buildings are located within or adjacent to the development or construction site to which they are incidental regardless of the zoning district.

(B)

Minor Construction. Temporary use and occupancy of an existing dwelling while constructing a new residence.

(C)

Termination. All temporary uses permitted by this section shall be terminated not later than twenty-four (24) months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said twenty-four (24) months. All temporary uses and related improvements other than model homes shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.460.030 - Camping.

The use of real property, by the owner or nonpaying guests thereof, for temporary camping may be permitted upon issuance of a coastal development administrative permit in compliance with the following provisions:

(A)

Location. Temporary camping may be permitted only in the RR, RMR, AG, RL, FL and TP zoning districts.

(B)

Duration. The maximum time limit for temporary camping shall not exceed sixty (60) days in any six (6) month period.

(C)

Intensity. Not more than thirty (30) individuals or more than ten (10) tents or recreational vehicles may be on a site at any one time. Tents or recreational vehicles etc. shall not be blocked up or placed upon any permanent foundation and shall not be connected to any utility such as water, gas or electricity. Tents or recreational vehicles etc. not in use shall be removed from the site.

(D)

Exclusions. Temporary camping utilizing six (6) or less tents or recreational vehicles for fourteen (14) days or less in any six (6) month period shall be exempt from the provisions of this section.

(Ord. No. 3785 (part), adopted 1991)

The temporary use of a trailer coach for the following purposes may be permitted upon issuance of a Coastal Development Administrative Permit (Chapter 20.532):

(A)

Real Estate Office. A temporary real estate office when the trailer coach is located on a lot or parcel of land adjacent to the development to which such real estate office is incidental.

(B)

Mobile Financial Business Office. A temporary self-propelled, self-contained mobile financial business office.

(C)

Occupancy While Constructing a Dwelling. The installation, use and occupancy of a trailer coach as a temporary dwelling by the owner of a lot or contiguous lot on which a dwelling is under construction or for which a building permit has been issued. Such administrative permit may be issued for the period required to complete construction of the facility, but not to exceed two (2) years unless renewed.

(D)

Temporary Caretaker Housing. The installation, use and occupancy of a trailer coach as a temporary dwelling by a caretaker in association with a park, recreational facility or similar use which is under private ownership but open for public use.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.460.040 - Family Care Unit.

The temporary use of a building, structure or trailer coach, not to exceed one thousand (1,000) square feet in size, will be allowed, upon issuance of a Coastal Development Standard Permit, to provide housing for (a) not more than two (2) adult persons who are sixty (60) years of age or older, or (b) an immediate family member or members who requires daily supervision and care, or (c) a person or persons providing necessary daily supervision and care for the person or persons residing in the main residence subject to the following provisions:

(A)

Standard Permit. The temporary unit shall be allowed only after securing a Coastal Development Standard Permit.

(B)

Statement. Prior to the granting of the permit and yearly renewal:

(1)

A statement must be submitted by the owner of the property and signed under penalty of perjury that the use of the "family care unit" is to provide housing for (a) not more than two (2) adult persons who are sixty (60) years of age or older, or (b) an immediate family member or members who requires daily supervision and care, or (c) a person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(C)

Termination. Should the use or necessity of the temporary family care unit cease, it must be removed from the premises or converted to an accessory structure as provided in Chapter 20.456. Should the occupants of the family care unit or the main residence move to another off-site residence, the permit for the family care unit shall become null and void.

(Ord. No. 3785 (part), adopted 1991)

Upon the review and approval of a site plan by the Director and the provisions of this section, certain temporary uses as specified herein may be established within a major or parcel subdivision for which a map has been recorded or in conjunction with an individual multiple dwelling or multiple dwelling complex solely for the marketing of dwellings and/or lots in the same residential development.

(A)

Permitted Uses. The following temporary uses may be permitted in conformance with the following standards:

(1)

Model homes in a number not to exceed that necessary to provide one (1) example of each dwelling type being offered in the residential development. Reversed floor plans and exterior facade variations will not be

considered as separate dwelling types. Each model home shall be erected on an individual site which conforms to a lot shown on the recorded map; meet all setback requirements of the applicable zone; and qualify in all respects for sale and residential occupancy upon termination of its use as a model home.

(2)

Real estate sales office facilities for the purpose of prompting the sale or rental of dwellings, lots, and/or mobile home spaces, which are located only within the same residential development or subdivision.

(3)

Off-street parking facilities.

(B)

Site Plan Review Criteria. No use authorized by this section will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located during the duration of such authorized use.

(C)

Site Plan Content. The site plan shall contain such maps and drawings as are necessary to show the location of the above temporary uses and their relation to off-street parking, vehicular and pedestrian access, and the surrounding area.

(D)

Building Permits. Prior to the issuance of building permits for the temporary uses in Subsection (A) of this section, the following conditions shall be met:

(1)

A parcel or final map has been recorded for the parcel or major subdivision.

(2)

The site plan must be submitted to and approved by the Director.

(3)

Necessary sanitary facilities must be provided as required by the Director of Public Health.

(E)

Termination. All temporary uses permitted by this section shall be terminated not later than twenty-four (24) months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said twenty-four (24) months. All temporary uses and related improvements other than model homes shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy,

including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.

(Ord. No. 3785 (part), adopted 1991)