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Home My WebLink About4134 I Ordinance No. 4134 2 AN ORDINANCE TO CHAPTER 24, ENTITLED "ZONING", AMENDING 3 SECTION 24-172, SECOND UNITS, AND VARIOUS OTHER SECTIONS OF CHAPTER 4 24 ADDRESSING SECOND UNITS, NECESSARY TO COMPLY WITH STATE 5 LEGISLATION PERTAINING TO ACCESSORY DWELLING UNITS 6 7 B The Board of Supervisors of the County of Butte ordains as 9 follows: 10 Section 1 . Chapter 24 , of the Butte County Code is amended as 11 provided for under `ATTACHMENT A", incorporated herein by reference. 12 Section 2 . Severability. If any provision of this Ordinance 13 14 or the application thereof to any person or circumstances is for an 15 reason held to be invalid by a court of competent jurisdiction, suc 16 provision shall be deemed severable and the invalidity thereof shall 17 not affect the remaining provisions or applications of the Ordinance 18 which can be given effect without the invalid provision or application 19 thereof. 20 Section 3 . Effective Date and Publication. This Ordinance shall 21 22 take effect thirty (30) days after the date of its passage. The Clerk 23 of the Board of Supervisors is authorized and directed, before the 24 expiration of fifteen (15) days after its passage, to publish this 25 Ordinance once, with the names of the members of the Board o 26 Supervisors voting for and against it, in the 27 Chico Enterprise Record and the Oroville Mercury-Register, newspapers 2B Page - 1 1 of general circulation published in the County of Butte, State of 2 California . 3 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, 4 State of California, on the 26th day of September, 2017, by the 5 6 following vote : 7 8 AYES: Supervisors Kirk, Lambert, and Chair Connelly 9 NOES: Supervisors Wahl and Teeter 10 ABSENT: None 11 NOT VOTING: None 12 13 BILL CONNELLY, Cha r 14 Butte County Board of Supervisors 15 ATTEST: 1.6 PAUL RAHN, Chief Administrative Officer and Clerk of the Board of Supervisors 17 By: 18 (� Dep—Uy 1.9 20 21 22 23 24 25 26 27 28 Page 2 AT-rACHM:ENT A 24-172 Second Units and AccessoryDwelling Units. A. Purpose.This section establishes standards for the location and construction of second units, and accessory dwelling units, in conformance with Section 65852.2 of the California Government Code. These standards are intended to allow for second units and accessory, dwelling units as an important form of affordable housing while preserving the character and integrity of residential areas within the county. B. Location. --SecondAccessory dwelling units shall be permitted in zones as provided in Part 2 (Zoning Districts, Land Uses,and Development Standards)-:- d. Accessory dwelling units are not allowed in the North Chico Specific Plan area, Timber Mountain (TM Timber Production (TPZ) Resource Conservation (RC) zones, or on Williamson Act contracted property. -SeGandAccessory dwellin g uinits proposed within the Airport Compatibility (-AC) overlay zone must comply with the allowed residential dwelling units/acre specified by the Butte County Airport Land Use Compatibility Plan. C. Second Units. An attached or detached second unit is trmitte.d.-in.,place of accessory dwelling unit and is subject to all standards and requirements pertaining to accessory dwelling units as described under this chapter except as otherwise noted under Subsection F. Size. D. Site Requirements. Secendl. Accessory dwelling units shall be permitted only on legally-created parcels. Accessory dwelling units cannot be sold separately from the primary residence. 2. In Agriradtwa[Agriculture Zones,SeGendAccessory Dwelling Units shall be located in close proximity to the primary dwelling unit. E. Guest Houses. 1. Guest houses shall be excluded from the requirements of this section and shall be regulated pursuant to Section 24-156,(8) (Accessory Uses and Structures). -SeGondI Accessory dwelling units that comply with all requirements of this section are permitted on a parcel containing a guest house. F. Size. There 1. The increased floor area of an attached accessory dwelling unit shall be-nenot exceed 50 percent of the existing living area with a maximum increase in floor area, Feqt4jrementpf 1, _q200 s uare feet. 2. The total area of floor space, foreeond-units„ reviled-ttk the-nerd unit Iiesa detached accessory dwelling unit shall not exceed 1,,200 sguare feet. I Any accessory dwelling unit shall comply with all applicable County regulations, including height and setback standards,, Building Code regulations, and water supply, sewage disposal, and driveway/road access requirements,; provided that accessory dwelling units that are attached to the primary residence shall not be required to provide fire sprj,n.klers.jf..the y are not required for the_primgr)Lresidence. Page 1 ��.� � �� m u ��u mx�n��u� w �� 4. Second Units, whether attached or detached, are not 3ubiect to the 1,200 scluare foot maximum s,ize, and may be larger than 1,200 sguare feet. G. Maximum Number Permitted. 1. Only one unit shall beallowed uma pancei Xsec-ond2. An accessory dwelling unit isnot permitted on parcels already containing | two LLor more dwelling units. Agricultural Worker Housing approved by the State of California and Butte County shall not be counted as dwelling unit pursuant to this section. HL Relationship toPrimary Dwelling. | unit may bewithin, attached to, ordetached from the primary dwelling.Attachment to the primary dwelling shall be by sharing acDmnrmoo interior wall Orcommon roof. U 8 unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling. 3. No passagieway shall be required in conjunction with the construction of an accessory dwelling unit.. [ Occupancy. The owner ofaparcel developed with unit shall reside in either the primary dwelling or the 1319GGndaccessor,dwelling unit. J. Parking.-0-n-siteParking requirements for detached accessory dwelling units shall not exceed one parking provided parking r-eqL4ir-em-en-ts-ir�-SeGtion-24--93-(Gn-Sde-P-afk-ing--Req-wre-meAts-)-.on an existing U K. Development Standamds^ unit shall comply with all development and design standards ofthe Zoning Ordinance that are applicable to the primary dwelling, including, but not limited to�, building setbacks, parcel coverage, and building height, converted to an accessory dweflin:�,, unit, anid a setback of no more than five feet from the side and rear lot lines shall be_.requ,[red for an accessory dwelling unit that is constructed | L. Utilities. units shall have adequate sewage disposal facilities and potable water facilities, as determined by the Butte County Environmental Health Division. M. Site Improvements. | 1. As a condition for the issuance of building permit for unit, the existing driveway orroad serving the parcel shall beimproved, ifnecessary, to meet Public Resources Code Section 429,D (Fire Safe Regu|ations). | | I Construction of the dwelling unit may require drainage improvements that are customary for a building permit. The extent and timing of the improvements shall be determined by the Department of Public Works and shall conform to the Page ATTACHMENT A technical standards and specifications for drainage improvements as adopted by the Board ofSupervisors. N. Deed Restrictions. Prior tothe issuance of building permit for dwelling unit, a covenant of restriction to run with the land shall be recorded which specifies that the SeGO.Rdr accessory dwelling unit cannot be sold separately, that the property owner shall reside in either the primary or seconclaccessory dwelling unit, and that the primary dwelling unit and accessory dwelling unit cannot be used for short term rentals (terms less U hese restrictions shall be binding on successors in ownership. U OTHER AMENDMENTS TO THE ZONING ORDINANCE Kn addition to the amendments to Section 24-172 pertaining to Second and Accessory Qvve|Kiog 0mits,annemda||mfthefoKUovwingsectionsamdtab|eslntheZoning{)rd|nancefrunn "SecomdUn|ts" to "Second Units and Accessory Dwelling Units": Section 24-12 A. Agriculture (AG) Section 24-18 B. Foothill Residential (FR) Section 24-18,L Rural Residential (RR) Section 24-18D. Rural[mwntryResidential(8[R) Section 24-1QE. Very Low Density Residential (VLDR) Section 24-18F. Very Low Density Country Residential (VLD[R) Section 24'18G. Low Density Residential (LDR) Section 24-18 H. Medium Density Residential (MDR) Section 24-18 i Medium High Density Residential (MHDR) Section 24-18 J. High Density Residential (HDR) Table 24-20-1, Parcel Size and Density for Residential zones, Footnote [2] Section! 24-174.Temporary Uses,Subsection F.Temporary Mobile Homes,Subsection 3 (f) Table 24-13-1, Permitted Land Uses in the Agriculture,Zones Table 24-13-1, Permitted Lamd Uses imthe Agriculture Zones, Footnote [4] Table 24-14-1, Paoe|5,ize and Density for Agriculture Zones, Footnote [2] Page ATTACHMENT A Table 24-16-1, Permitted Land Uses in the Natu!ral Resource Zones Table 24-19-1' Permitted Land Uses in the Residential Zones Tab|e24'2U-1^ Parze|SizeandDemsityforResideotia|Zones' Footmmte [2] Table 24-22-1, Permitted Land Uses inthe Commercial and Mixed Use Zones Table 24'26'1, Permitted Land Uses in the Industrial Zones Table Z4-I9'1, Permitted Land Uses in the Special Purpose Zones Section 24-46,Watershed Protection Overlay Zone, Subsection D (4) Table 24-93-1, Om-Sbe, Parking Requirements Amend Section 24-3,04 Definitions, amending the definition of Second Units asfollows: Second Units Amattached ordetached residential dwelling unit which provides complete independent living facilities for one or more persons Uwith the California State Government Code. Second units and Accessory Dwelling Units provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel occupied byaprimary dwelling.