Chapter 18.69
SECONDARY DWELLING UNITS
Sections:
18.69.020 Application and permit requirements.
18.69.030 Technical standards.
18.69.010 Purpose and intent.
The purpose and intent of this chapter is to:
A. Allow for secondary dwelling units in accordance with Government Code Section 65852.2 as amended.
B. Allow for a secondary dwelling unit that is incidental to an existing primary single-family dwelling.
C. Contribute to the supply of housing necessary to meet housing demands in the community.
D. Implement Program 2 regarding secondary dwelling units as described in the Housing Element of the Alpine County General Plan. (Ord. 679 § 1 (Exh. A § 1), 2007)
18.69.020 Application and permit requirements.
A. Secondary Dwelling Unit Permit Required. Prior to construction or creation of any secondary dwelling unit authorized by this chapter, the owner/applicant shall obtain a secondary dwelling unit permit as defined in this chapter.
B. Other Applicable Permits. The owner/applicant shall be responsible for obtaining all other permits that may be required for construction of a secondary dwelling unit. Such permits are not required to be obtained prior to issuance of a secondary dwelling unit permit.
C. Application. Application for a secondary dwelling unit permit shall be made to the Alpine County planning department and shall include all information as listed in the application packet provided by the planning department.
D. Fees. The review fee for a secondary dwelling unit permit shall be determined in accordance with the planning department schedule of fees, deposits and charges that is adopted by the board of supervisors.
E. Notice to Adjacent Property Owners. Within seven calendar days of submittal of a complete application for a secondary dwelling unit permit, the planning department shall mail notice of the application to the owners of all real property located within three hundred feet of the property where the secondary dwelling unit is proposed to be located. Notices shall be mailed to the addresses as shown on the most current database of property addresses maintained by the Alpine County assessor’s office. The notice shall clearly explain the permit process as described in this chapter and the expected date of a decision on the application and shall also make clear that the application must be approved by the county if the proposed secondary dwelling unit complies with all the requirements of this chapter.
F. Issuance of a Permit. The Alpine County planning department shall issue a secondary dwelling unit permit upon receipt of a complete application, including the required fees, and a determination by the planning director that the proposed secondary dwelling unit complies with all the requirements of this chapter. Such determination may include conditions of approval necessary to ensure compliance with this chapter. The determination by the planning director shall not be unreasonably withheld.
G. Notification of Permit Decision. Within three working days of the planning director’s determination, written notification of the determination shall be mailed to the owner/applicant and any person receiving notice under subsection E of this section who specifically requests notification of the determination. The notification shall include any applicable conditions of approval and shall state the process for filing an appeal.
H. Appeals. An appeal of the decision by the planning director must be filed within ten days of the date of mailing the notification on the secondary dwelling unit permit. The appeal shall be made in writing to the planning department and shall state the reason(s) for the appeal. Fees for the appeal shall be paid to the county as required in the county fee ordinance.
The appeal shall be placed on the agenda for the next available regular board of supervisors meeting that occurs at least fifteen days after the appeal is filed. As provided in Government Code Section 65852.2, consideration of secondary dwelling unit applications are ministerial and shall occur without discretionary review or a public hearing. Accordingly, the board of supervisors shall consider the appeal as a regular agenda item not subject to a public hearing and shall limit the scope of their review to only considering the proposal’s compliance with the specific requirements of this chapter. (Ord. 679 § 1 (Exh. A § 2), 2007)
18.69.030 Technical standards.
A. Building Code. A secondary dwelling unit shall meet all of the requirements of the 2001 California Building Code, or other applicable building code as may be adopted by the county in the future.
B. Other Codes and Standards. A secondary dwelling unit shall meet all the requirements of all other applicable codes and all standards that are applicable to the construction of a secondary dwelling unit.
C. Location. A secondary dwelling unit must be located on the same lot as the primary single-family dwelling. A secondary unit may be attached to or be part of a single-family dwelling, a detached garage serving the single-family dwelling, or other approved accessory building; or be a separate detached structure. Second-family dwellings are not allowed in conjunction with duplex or multi-family dwelling units. Only one second-family dwelling unit is allowed per lot.
D. Parking. Parking spaces for secondary dwelling units shall be provided on the same lot as the secondary dwelling unit and not be located within a public right-of-way. The required parking spaces shall not be located in tandem with the minimum parking spaces that are required for the primary single-family dwelling. The secondary dwelling unit spaces may be in tandem. Each required parking space shall meet the minimum dimensions as adopted by Alpine County. The minimum parking spaces required for a secondary dwelling unit in addition to the existing spaces for the primary single-family dwelling on the same lot are as follows:
1. Efficiency and one-bedroom units: one additional parking space.
2. Two or more bedrooms: two additional parking spaces.
E. Public Services. The secondary dwelling unit shall meet minimum requirements for water and sewer service as provided below:
1. Individual On-Site Well. Verification of a valid well permit from the Alpine County health department. In the case of the proposed use of an existing well currently being shared by more than one residence (not including the proposed secondary dwelling unit), the following are required:
a. The shared well shall be capable of producing a minimum flow of at least three gallons per minute for each dwelling unit to be served, including the proposed secondary dwelling unit, sustained for a time period determined to be adequate by the Alpine County health department.
b. An easement and agreement for shared use of the well, to include use by the secondary dwelling unit, signed by all the property owners sharing the well, be provided to the planning department and recorded for the affected properties.
c. Documentation be provided to the county health department demonstrating that the lot where the secondary dwelling unit is to be located is capable of supporting an individual well with a capacity to support the primary and secondary dwelling units on the same lot.
2. Community Water System. Verification from the water provider that an adequate supply is available to serve the secondary dwelling unit; and payment of any connection fees or other charges that might be required by the provider.
3. Individual On-Site Wastewater Treatment or Septic System. Verification from the Alpine County health department that the system has adequate capacity to serve the secondary dwelling unit.
4. Community Wastewater Treatment System. Verification from the treatment provider that adequate treatment capacity is available to serve the secondary dwelling unit; and payment of any connection fees or other charges that might be required by the provider.
F. Habitable Floor Area Requirements. Secondary dwelling units shall comply with the minimum and maximum habitable floor area requirements as described below.
1. Minimum Habitable Floor Area. The greater of two hundred twenty square feet or the minimum as required under requirements for efficiency dwelling units pursuant to the 2001 California Building Code or other applicable building code as may be adopted by the county in the future.
2. Maximum Habitable Floor Area. The maximum habitable floor area shall be determined by lot size as described below. The lot size shall be determined by one of the following: a recorded subdivision map, record of survey, assessor parcel map, or legal description and acreage calculation prepared by a licensed surveyor. In the absence of any of the above, other documentation acceptable to the county surveyor may be provided.
a. One-half acre (twenty-one thousand seven hundred eighty square feet) or less: forty percent of the gross floor area of the primary single-family dwelling unit up to a maximum of eight hundred square feet.
b. Larger than one-half acre up to two acres: forty percent of the gross floor area of the primary single-family dwelling up to a maximum of one thousand two hundred square feet.
c. Larger than two acres: forty percent of the gross floor area of the primary single-family dwelling up to a maximum of one thousand five hundred square feet.
G. Zoning.
1. Zoning Districts. Secondary dwelling units shall be listed as permitted with approval of a secondary dwelling unit permit in the zoning districts listed below.
Agricultural (AG)—Section 18.16.020;
Agricultural Preserve (AP)—Section 18.18.020;
Timber Preserve (TP)—Section 18.24.020;
Residential Estates (RE)*—Section 18.32.020;
Residential Neighborhood (RN)*—Section 18.36.020;
Planned Development (PD)—Secondary dwelling units are permitted with approval of a secondary dwelling unit permit in areas of planned development zoning districts that allow single-family development—Section 18.28.040.
*Includes all “subcategories” such as RE-5, RE-10, RN-20, etc.
2. Zoning Requirements. Unless a variance has been granted pursuant to Chapter 18.80 of the Alpine County zoning ordinance, secondary dwelling units shall meet all zoning requirements for building height, setbacks and any other design criteria applicable to the zoning district where the unit is located. The height limit for a detached structure containing a secondary dwelling unit shall be the same as for an accessory building. (Ord. 679 § 1 (Exh. A § 3), 2007)
18.69.040 Definitions.
A. “Habitable floor area” means the total area of habitable space within a structure as determined in accordance with the 2001 California Building Code or other applicable building code as may be adopted by the county in the future.
B. “Gross floor area” means the sum of the area of a building measured by taking the outside dimensions of the building at each floor intended for occupancy or storage, not including the garage, or any exterior patios, courtyards, porches, balconies or deck areas.
C. “Secondary dwelling unit” means a separate and complete dwelling unit containing provisions for cooking, eating, sanitation and sleeping that is contained on the same lot as the structure of a single-family dwelling. (Ord. 679 § 1 (Exh. A § 4), 2007)