Title 23 COASTAL ZONE LAND USE
Chapter 23.08 SPECIAL (S) USES
23.08.032 Residential accessory uses.
The standards of this section apply to the specific types of accessory
structures listed. Residential accessory structures for the keeping of animals
are subject to Section 23.08.046.
(a) Permit Requirement. Plot plan
approval, unless the accessory structure is included among the structures
authorized by the land use permit for the principal residential use, or where
another permit requirement is specified by this section.
(b) Antennas.
Antennas (including dish antennas) for noncommercial TV and radio transmitting
and/or receiving are subject to the following standards:
(1) Permit
Requirement. Zoning clearance, except:
(A) As provided in subsections (b)(2)
or (b)(3) of this section or antennas of excess height or in particular
locations; and
(B) For surface-broadcast television receiving antennas,
which require no land use permit, but are still subject to the other provisions
of this section.
The land use permit requirements of this section are in
addition to any construction permits required by Title 19 of this
code.
(2) Height Limit. Antennas shall be no higher than ten feet above the
height of the tallest building on the site, except that:
(A) A height of up
to fifty feet may be authorized by minor use permit; and
(B) Antennas higher
than fifty feet may be authorized through development plan
approval;
Provided that the approval body first finds that no broadcast
reception is possible unless the antenna is higher than ten feet above the
building, and that the antenna at the approved height will not result in
detrimental effects on the enjoyment and use of adjoining
properties.
(3) Limitation on Location. In order to minimize the visual
impact of antennas and their supporting structures on residential neighborhoods
and community commercial areas, antennas shall be placed in locations consistent
with the following provisions:
(A) Setbacks. Antennas shall not be located
within required setback areas (Section 23.04.100 et seq.), except that placement
in a side or rear setback may be authorized by minor use permit if the approval
body first finds that:
(i) No broadcast reception is possible in another
allowed location; and
(ii) The approved location of the antenna will not
result in detrimental effects on the enjoyment and use of adjoining
properties.
Specific setbacks for antennas higher than ten feet above the
building shall be determined through minor use permit or development plan
approval, as applicable.
(B) Roof Installation. Antennas shall not be placed
on the roof of a building unless they are located on the half of the roof
furthest away from any abutting street, or:
(i) Other location on the roof
determined by the Planning Director to not be visible from public streets or
adjoining properties; or
(ii) Another location on the roof authorized
through Minor Use Permit approval, subject to the findings in subsections
(b)(3)(A)(i) and (ii) of this section.
(C) North Coast Planning Area. North
of Pico Creek, dish antennas and broadcast towers shall be located so that they
will not be seen from State Highway Route 1.
(c) Garages. A detached
accessory garage shall not occupy more than one-thousand square feet in area per
dwelling unit, unless authorized by minor use permit. The size of an accessory
garage attached by a common wall to a dwelling is not limited, except as may be
required by the Uniform Building Code. Workshop or storage space within a garage
is included in determining conformance with this standard.
(d) Greenhouses.
An accessory greenhouse may occupy up to five hundred square feet per dwelling
unit or ten percent of the site, whichever is smaller. Larger greenhouses are
subject to Section 23.08.054 where allowed by the land use
element.
(e) Guesthouses/Home Office. A guesthouse/home office
(sleeping/home office facilities without indoor connection to the living area of
a principal residence) may be established as a use accessory to a residence as
follows:
(1) Limitation on Use.
(A) A guesthouse may contain living
area, a maximum of two bedrooms and one bathroom. A living area may include a
wet bar, but such facility shall be limited to a single sink and an
under-counter refrigerator, and shall not be located in a separate room. A
guesthouse shall not be designed to contain or accommodate cooking or laundry
facilities, and shall not be used for residential occupancy independent from the
principal residence or as a dwelling unit for rental.
A home office may
contain the same facilities as a guesthouse. This includes the restriction on
containing or designing to accommodate cooking or laundry facilities separate
from the principal residence. The home office shall not be used for residential
occupation independent from the principal residence or as a dwelling unit for
rental.
(B) A guesthouse/home office shall not be allowed on any site
containing a secondary dwelling established pursuant to Section
23.08.169.
(C) A guesthouse/home office in the residential multifamily land
use category shall satisfy the residential density provisions of Section
23.04.084 (Multifamily dwellings).
(D) A guesthouse/home office shall not be
provided an electric meter separate from the principal residence.
(2) Permit
Requirement. Plot plan approval.
(3) Location. A guesthouse shall not be
located more than fifty feet from the principal residence, or as otherwise
approved through a minor use permit, and shall not be located within any
required setback area (see Section 23.04.100).
(4) Floor Area Limitation.
The maximum floor area allowed for a guesthouse is forty percent of the
habitable floor area of the main residence, up to a maximum of six hundred
square feet.
(f) Swimming Pools. Including hot tubs, spas, and related
equipment, may be located within any required side or rear setback, provided
that they are no closer than eighteen inches to a property line, and provided
that they are fenced as required by Section 23.04.190(a)(5).
(g) Workshops
or Studios. Any accessory structure intended solely or primarily for engaging in
artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to
the following standards when located in a residential category.
(1) Limits
on Use. An accessory structure may be constructed or used as a workshop or
studio in any residential category solely for noncommercial hobbies or
amusements; for maintenance of the principal structure or yards; for artistic
endeavors such as painting, photography or sculpture; maintenance or mechanical
work on vehicles owned or operated by the occupants; or for other similar
purposes. Any use of accessory workshops for any commercial activity shall meet
the standards for home occupations (Section 23.08.030).
(2) Floor Area. A
workshop is not to occupy an area greater than forty percent of the floor area
of the principal structure; except where a workshop is combined with a garage,
subsection (c) of this section applies. (Ord. 2881 § 32, 1999; Ord. 2742
§ 13, 1995; Ord. 2649 § 13, 1993; Ord. 2592 § 9 (part),
1992)
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