Mendocino County Municipal Code Ch. 20.458 Accessory Dwelling Units

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 No. 4497, §§ 8—18, adopted November 9, 2021, repealed Ch. 20.458, §§ 20.458.005—20.458.020, and enacted a new Ch. 20.458 as set out herein and later amended.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)

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)

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)

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 single-family 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)

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)

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)

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)

(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)

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)