A.            Purpose:  The purpose of this Section is to establish the regulations, standards and circumstances under which certain ancillary housing units may be developed on residential lots where multiple residential units may not otherwise have been permitted.

B.            Applicability:  The provisions of this Section are applicable in all zoning districts which allow single family residences.

C.            Regulations:  A senior citizen unit shall be allowed on any lot or parcel in any zoning district (unless combined with a "B-8" district, or in the Carmel or Big Sur Planning Areas) that allows single family dwellings, subject to a Coastal Administrative Permit in each case, and subject to the following regulations:

1.         An attached senior citizen unit shall not exceed 700 square feet.  A detached senior citizen unit shall not exceed 850 square feet.

2.         The senior citizen unit shall not be occupied by more than 2 persons, 1 of whom shall be sixty years of age or handicapped.

3.            Not more than 1 senior citizen unit shall be permitted on any lot or parcel.

4.         The senior citizen unit shall conform with all of the zoning and development standards (lot coverage, height, setbacks, design, etc.) of the zoning district which governs the lot.  A senior citizen unit attached to the principal residence shall be subject to the height, setback and coverage regulations of the principal residence.  A senior citizen unit detached from the principal dwelling shall be treated as a habitable accessory structure in regard to height and setbacks.

5.         The senior citizen unit shall be designed in such a manner as to be visually consistent and compatible with the principal residence on-site and other residences in the area.

6.         One (1) usable and accessible parking space shall be provided in addition to the parking required for the other uses on-site .  Any garage or carport construct­ed in connection with the senior citizen unit is not considered part of the area of the unit, but is con­sidered in the overall lot coverage.

7.         Senior citizen units shall not be permitted on lots of less than 2 acres if located in an area not served by public sewer systems.  In North County, senior citizen units shall not be permitted on lots of less than 5 acres if located in an area not served by public sewer systems.

8.         Senior citizen units are not permitted on any lot less than 10 acres where a guesthouse or a caretaker unit already exists.  Such existing units may be converted to a senior citizen unit, subject to a Coastal Administrative Permit.

9.         Subsequent subdivisions which divide the main residence from a senior citizen unit shall not be permitted except where lots created meet minimum lot size and density requirements of the existing zoning.

10.       Prior to the issuance of a building permit the applicant shall record a deed restriction as a condition of project approval stating the regulations applicable to the senior citizen unit.

D.        In order to grant the Coastal Administrative Permit, the Appropriate Authority shall make the following findings:

1.         That the establishment of the senior citizen unit will not, under the circumstances of the particular application, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the general welfare of the County; and

2.         That the proposed senior citizen unit complies with all applicable requirements of Section 20.64.010(C) of this Title.

3.         That adequate sewage disposal and water supply facilities exist or are readily available to the site, as approved by the Director of Environmental Health.

4.         That the proposed senior citizen unit will not adversely impact traffic conditions in the area.

5.         That the subject property is in compliance with all rules and regulations pertaining to the use of the property, that no violations exist on the property and that all zoning abatement costs, if any, have been paid.

E.         1.         Any senior citizen unit which does not comply with the provisions of this Section with regard to size, height, or setbacks shall require a Variance.  The Zoning Administrator is the Appropriate Authority to consider said permits.

2.         Conversion of an existing structure, or portion of a structure, to a senior citizen unit when that structure exceeds the allowable height for a habitable accessory structure does not require a Variance for an addition to height, provided no additional height is proposed for that structure.

F.         Senior Citizen Units shall not be allowed in the Carmel and Big Sur Planning Areas due to the limited resources and infrastructure available in these two planning areas necessary to support the existing maximum potential development of the areas.