Mendocino County Municipal Code Ch. 20.740 Second Residential Units

The purpose of this Chapter is to regulate the development of new second residential dwelling units for the purpose of non-transient habitation in the Town of Mendocino, pursuant to the Coastal Act, and consistent with Section 65852.2 of the California Government Code, as amended. Second residential dwelling units are intended to provide affordable housing opportunities for long term residential use, which contributes substantially to the special community character of the Town. Second residential dwelling units are not intended to be used for transient habitation or as a visitor serving accommodation of any kind.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

A second residential dwelling unit is an accessory use to a primary residential dwelling unit in all districts where such units are a principal permitted use, and may be permitted, subject to the criteria in Section 20.740.015, and upon issuance of a Coastal Development Administrative Permit, in the MTR, MRM, MMU, MSR, and MC Zoning Districts only on parcels larger than nine thousand (9,000) square feet; in the MRR-1 Zoning District on parcels larger than forty thousand (40,000) square feet; and in the MRR-2 Zoning District on parcels larger than forty thousand (40,000) square feet. An application for a Coastal Development Administrative Permit for a second residential dwelling unit shall not be subject to a County public hearing. A coastal development permit granted by the County that is appealable to the Coastal Commission pursuant to Section 30603 of the Coastal Act may be subject to a Coastal Commission public hearing on any appeal filed with the Commission.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

A second residential dwelling unit may be permitted provided that all of the following are met:

(A) The lot meets the requirements of Section 20.740.010.

(B) The lot (parcel) contains an existing single family dwelling unit used for non-transient habitation.

(C) The second residential unit does not exceed nine hundred (900) square feet.

(D) An adequate water system as determined by the groundwater evaluation standards and procedures of Chapter 20.744 and as approved by the Mendocino City Community Services District is available to serve the second residential unit.

(E) The Mendocino City Community Services District has certified that there is adequate sewage capacity for the second unit and, except in cases where the second unit is contained within the existing space of a single family residence or accessory structure, that the Mendocino City Community Services District has approved a connection for the second residential unit.

(F) The second unit shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges and other zoning district requirements generally applicable to residential construction within the Zoning District in which the second residential unit is proposed to be located, except that a setback of no more than five (5) feet from the side and rear lot lines shall be required for a second residential unit constructed above a garage.

(G) The second residential unit shall comply with appropriate County building code requirements.

(H) Where a dwelling group is approved, no second residential units shall be allowed.

(I) Nothing in this section shall prohibit an accessory living unit or family care unit from being converted into a second residential unit, consistent with the other provisions of this section.

(J) Where the second residential unit is attached to the existing dwelling unit, that second unit shall:

(1) Be located within the living area of the existing dwelling.

(2) Not exceed fifteen (15) percent of the living area within the existing dwelling.

(K) Whether attached or detached, all second residential dwelling unit permits shall require that a deed restriction be recorded prior to the commencement of development to ensure that all dwellings on the property will be used for non-transient habitation.

(L) Attached or detached second residential units are not intended for sale or transient habitation, but may be rented for long term occupancy.

(M) A second residential unit shall not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and shall be compatible with the character of the area.

(N) All development associated with second residential units shall provide adequate buffers from environmentally sensitive habitat areas consistent with all local coastal program requirements.

(O) A second residential unit shall not have a negative impact on the designated land use, on coastal resources, or on public access to and along the shoreline, and second units shall not be approved if identified impacts are contrary to the goals and policies of the Mendocino Town local coastal program.

(P) Second residential dwelling units shall not be permitted in Planned Unit Development (PD) Combining Districts.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)