A second permanent dwelling may be allowed pursuant to this section on a site in the residential single-family, residential suburban and residential rural land use categories, in addition to the first dwelling on a site allowed by Section 23.04.082, provided the site and the existing primary dwelling satisfy all other applicable provisions of this title. (A caretaker residence is subject to Section 23.08.161, farm support quarters are subject to Section 23.08.167(c)).
(a) Authority. Secondary dwellings are authorized by this title pursuant to the authority established by Sections 65852.2 et seq. of the California Government Code.
(b) Limitations on Use.
(1) Accessory Unit Only. A secondary dwelling unit shall be accessory to a primary dwelling and shall not be established on any site containing a guesthouse (Section 23.08.032(e)) or more than one dwelling unit, except where a guesthouse is proposed to be converted to a secondary dwelling unit pursuant to this section.
(2) Occupancy of Primary and Secondary Units Restricted. No secondary dwelling shall be approved pursuant to this section unless an owner of the site agrees to occupy one unit on the site as his or her primary residence. Prior to final building inspection, the applicant for a second unit shall record a notice against the property notifying any subsequent purchaser that failure to meet this requirement will subject the second unit to abatement by the county pursuant to Chapter 23.10 of this title.
(c) Limitations on Location.
(1) Excluded Areas. A secondary dwelling unit shall not be allowed within the following areas. In such areas, secondary dwelling units are deemed to be incompatible with existing development, or the density increase resulting from secondary units pursuant to this section would create adverse cumulative effects on essential community services and natural features. Such services and features include but are not limited to water supplies, storm drainage facilities, roadway traffic capacities, and soils with limited suitability for septic system sewage disposal or subject to erosion:
(A) South Bay. The South Bay urban area as defined by the land use element, Estero area plan, except where the site and secondary dwelling unit satisfy the provisions of subsection g(1)(B)(i), (ii) or (iii), or g(2)(B)(i) or (ii) for the applicable land use category, a detached unit may be allowed.
(B) Specific Subdivisions. Secondary dwellings are not allowed within the following tracts: 159.
(C) Regional Water Quality Control Board (RWQCB) Exclusion. All areas of the county where the RWQCB has issued a notice of resource constraint through moratoria or other means.
(2) Minimum Access. A secondary dwelling is allowed only on a site that has frontage: (1) on a road or private easement that is maintained by the county, state or special district; (2) on a road that is offered for dedication to the public and is surfaced with chip seal or better; or (3) on a private easement that is surfaced with chip seal or better. For roads or easements described in (2) or (3), the access must be maintained through organized maintenance, such as a road maintenance agreement or homeowners association.
(d) Permit Requirement. Minor use permit approval is required in all areas where secondary dwellings are allowed.
(e) Application Content. In addition to the information required by Section 23.02.030, information submitted with the plot plan application shall also indicate whether or not there are conditions, covenants or restrictions applicable to the site that would prohibit a secondary dwelling unit. This information will not be grounds for county denial of a permit.
(f) Minimum Site Area. A secondary dwelling may be established pursuant to this section only on sites with the following minimum areas:
(1) Six thousand square feet for sites served by community water and sewer facilities.
(2) One acre (net) where on-site water supply and sewage disposal systems are proposed on an existing parcel, provided that all applicable requirements for separation between the existing septic system, new septic system for the secondary dwelling and any on-site and off-site water wells are satisfied, as well as all other applicable provisions of Title 19 of this code for septic system design and performance.
(3) One acre (gross) where community water and on-site sewage disposal systems are proposed on an existing parcel, provided that all applicable provisions of Title 19 of this code for septic system design and performance are satisfied.
Except that where a larger minimum site area requirement is established by planning area standards of the land use element, the larger area shall be required.
(g) Design Standards.
(1) Within the Residential Single-Family Category.
(A) The maximum floor area of a secondary dwelling shall be six hundred forty square feet, except that such area may be increased to a maximum of one thousand two hundred square feet (exclusive of any garage) where the site satisfies the requirements of subsections (g)(1)(B)(i), (ii) or (iii).
(B) The secondary dwelling shall be permanently attached by a common wall to the primary dwelling or on the second floor of the primary dwelling’s detached garage and shall use the same design style except:
(i) Where the site area is twelve thousand square feet or larger and the site is served by community water and sewer; or
(ii) Where the site area is one acre (net) or larger and the site is served by community water and on-site sewage disposal; or
(iii) Where the site area is two and one-half acres (net) or larger and the site is served by on-site water supply and sewage disposal.
In such cases the secondary dwelling may be detached if it employs an exterior design style compatible with the primary dwelling and is located on the rear of the site, provided that no more than fifty percent of the site shall be covered by structures.
(C) Entrances shall be designed to maintain the character of a single dwelling and to avoid the attached secondary dwelling changing the appearance of the primary dwelling to resemble a duplex. The entrance to an attached secondary dwelling shall not be located on the same building face as the entrance to the primary dwelling unless the entrance to both the primary and secondary dwellings is shared.
(2) Other Allowed Land Use Categories.
(A) The maximum floor area of a secondary dwelling shall be eight hundred square feet, except that such area may be increased to a maximum of one thousand two hundred square feet (exclusive of any garage) where the site satisfies the requirements of subsections (g)(2)(A)(i) or (ii).
(B) The secondary dwelling shall be permanently attached by a common wall to, or located within fifty feet of, the primary dwelling or on the second floor of the primary dwelling’s detached garage and shall use the same design style except:
(i) Where the site is two acres (net) or larger and the site is served by community water or sewer;
(ii) Where the site area is five acres (net) or larger and the site is served by on-site water supply and sewage disposal.
In such cases the secondary dwelling may be detached from the primary dwelling but shall be of a design style compatible with the existing primary dwelling. For sites of twenty acres or larger in residential categories, the secondary dwelling shall be located within five hundred feet of the primary dwelling. For sites less than twenty acres, the secondary dwelling shall be located within two hundred fifty feet of the primary dwelling. An attached secondary dwelling shall comply with the design provisions of subsection (g)(1)(C) of this section.
(3) Exceptions to Design Standards. Alternatives to the design standards of subsections (g) and (c)(2) of this section may be approved by the review authority pursuant to Section 23.02.033. These standards are the only provisions of this section subject to such action.
(h) Parking. A secondary dwelling unit shall be provided one off-street parking space in addition to those required for the primary residence by Section 23.04.166(c)(5), and such parking space shall be located, designed and constructed pursuant to Sections 23.04.163, 23.04.164 and 23.04.168. (Ord. 2742 §§ 17, 18, 1995; Ord. 2715 §§ 136 -- 139, 1995; Ord. 2592 § 9 (part), 1992)