PURPOSE
The purpose of the Second
Unit Ordinance (County Code Section 13.10.681) is to allow and regulate the construction and occupancy of
Second Units in the unincorporated areas of Santa Cruz County. This ordinance
allows needed housing to be built for Santa Cruz County residents in conjunction with
existing and new residential development. It will also make it easier for families to purchase and
maintain property and homes by using the additional income from the rental of the second unit.
BASIC REQUIREMENTS
The Second Unit
Program allows property owners to construct a second unit on their property,
providing the property meets certain requirements. The basic requirements for construction of a second unit
include:
- The
existing unit on the parcel must be owner-occupied as evidenced by the
filing of a home owner's property tax exemption. *
- The
parcel must be zoned Residential or have a General Plan designation of
Residential.
- The
parcel may have no more than one existing single family dwelling. A second unit can also be constructed concurrently with
one single family dwelling.
- Parcels
located outside of the Urban Services Line** must be at least one acre in
area. Within the Urban Services
Line, the lot must meet the minimum size standards of the respective
zoning designation. However,
different site standards may apply to Rural parcels with sewer service, or
Urban parcels with septic systems.
* For the construction of second units within subdivisions, owner-occupying requirements apply to the purchase of a property w/a second unit, but not to the developer.
** The Urban
Services Line is delineated on the Internet GIS site.
DEVELOPMENT STANDARDS FOR SECOND UNITS
The following
development standards apply to all Second Units:
- The
Second Unit may be attached or detached from the main unit.
Within the Urban Services Line, the Second Unit must be located
within 100 feet of the main dwelling, and cannot be accessed by a separate
driveway or right-of-way.
- The
total Gross Floor Area of the Second Unit may not exceed 640 square feet
within the Urban Services Line.
Outside of the Urban Services Line, on parcels between one and 2.5
acres in area, the unit may be up to 800 square feet, and on parcels 2.5
acres or larger, the unit may be up to 1,200 square feet.
- One
additional parking space is required for each bedroom in the
Second Unit. In addition, the main unit must itself meet current
parking requirements, which are based on the number of bedrooms.
- Only
one Second Unit may be constructed per parcel.
A Second Unit is not allowed on a parcel with an existing guest house
or agricultural caretaker's quarters.
- The
Second Unit must be architecturally compatible with the main unit in terms of design, color and materials.
Doors, windows, balconies, etc., should be situated to preserve the privacy of your neighbors.
Units inside the Urban Services Line shall not exceed one story unless a Residential Development Permit
is approved by the Zoning Administrator.
- All
development standards (i.e., setbacks, lot coverage) for the
applicable zone district must be satisfied.
- To
file a building application for a Second Unit, clearance from Environmental
Health Services will be required if a septic system is to be used.
Fire, Sanitation and Water Districts' approval requirements must be
satisfied during the Building Permit process.
THE PERMIT PROCESS
A Second Unit
requires a Building Permit and, if the property is located within the Coastal Zone,
an administratively issued Coastal Development Permit. To apply for permits, you will
need full construction plans and the application fee. For a complete list of required
application materials, including information on building plan requirements and building permit
and other fees, visit the Building and Zoning Counter.
FEES
In addition to
application and permit fees,
Capital Improvement fees will be charged, based on the number of bedrooms and location of the
unit. The Capital Improvement Fees
help pay for road improvements, parks, and child care facilities.
These fees can be estimated at the Zoning Counter. Other
fees will be charged by different agencies such as schools, sanitation and the
drainage district, also depending on the size and location of the unit. The Building Department
can estimate the plan check and
building permit fees.
Declaration of Restrictions
Before the Building Permit is issued that allows you to build your Second Unit, you will be required to
record a Declaration of Restrictions against the title on the property.
The Second Unit may be occupied only under
the conditions of the Declaration of Restrictions and in accordance with the County Code, including the requirement that the property owner must live in either the main unit or the Second Unit and must live on the property as
long as the second unit is to be occupied..
The Declaration of Restrictions will also allow the County to recover
attorney fees and costs needed to enforce the declaration as well as any rents
collected during occupancy not authorized under your permit.
The Declaration of Restrictions is binding on all future owners of the
property.
QUESTIONS?
If you would like
more information about getting a permit to build a second unit, please
call the Zoning Information Line.
For more information
regarding the occupancy and rent restrictions applicable to second units,
please call 454-2336.
revised 6/24/10