Brown Field Municipal Airport Land Use Compatibility Plan

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APPENDIX ASTATE LAWS RELATED TO AIRPORT LAND USE PLANNINGNotwithstanding Section 65901 or 65906, every local agency shall grant a variance or special usepermit for the creation of a second unit if the second unit complies with all of the following:(A) The unit is not intended for sale and may be rented.(B) The lot is zoned for single-family or multifamily use.(C) The lot contains an existing single-family dwelling.(D) The second unit is either attached to the existing dwelling and located within the living areaof the existing dwelling or detached from the existing dwelling and located on the same lot as theexisting dwelling.(E) The increased floor area of an attached second unit shall not exceed 30 percent of theexisting living area.(F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet.(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review,fees, charges, and other zoning requirements generally applicable to residential construction inthe zone in which the property is located.(H) Local building code requirements which apply to detached dwellings, as appropriate.(I) Approval by the local health officer where a private sewage disposal system is being used, ifrequired.(2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permitor a use permit under this subdivision.(3) This subdivision establishes the maximum standards that local agencies shall use to evaluateproposed second units on lots zoned for residential use which contain an existing single-familydwelling. No additional standards, other than those provided in this subdivision or subdivision (a),shall be utilized or imposed, except that a local agency may require an applicant for a permit issuedpursuant to this subdivision to be an owner-occupant.(4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall berequired to implement this subdivision. Any local agency may amend its zoning ordinance or generalplan to incorporate the policies, procedures, or other provisions applicable to the creation of secondunits if these provisions are consistent with the limitations of this subdivision.(5) A second unit which conforms to the requirements of this subdivision shall not be considered toexceed the allowable density for the lot upon which it is located, and shall be deemed to be aresidential use which is consistent with the existing general plan and zoning designations for the lot.The second units shall not be considered in the application of any local ordinance, policy, or programto limit residential growth.(c) No local agency shall adopt an ordinance which totally precludes second units within single-family ormultifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance mayA–28Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010
APPENDIX ASTATE LAWS RELATED TO AIRPORT LAND USE PLANNINGlimit housing opportunities of the region and further contains findings that specific adverse impacts on thepublic health, safety, and welfare that would result from allowing second units within single-family andmultifamily zoned areas justify adopting the ordinance.(d) A local agency may establish minimum and maximum unit size requirements for both attached anddetached second units. No minimum or maximum size for a second unit, or size based upon a percentageof the existing dwelling, shall be established by ordinance for either attached or detached dwellings whichdoes not permit at least an efficiency unit to be constructed in compliance with local developmentstandards.(e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom.Additional parking may be required provided that a finding is made that the additional parkingrequirements are directly related to the use of the second unit and are consistent with existingneighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setbackareas in locations determined by the local agency or through tandem parking, unless specific findings aremade that parking in setback areas or tandem parking is not feasible based upon specific site or regionaltopographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.(f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5(commencing with Section 66000).(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for thecreation of second units.(h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to theDepartment of Housing and Community Development within 60 days after adoption.(i) As used in this section, the following terms mean:(1) "Living area," means the interior habitable area of a dwelling unit including basements and atticsbut does not include a garage or any accessory structure.(2) "Local agency" means a city, county, or city and county, whether general law or chartered.(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section65589.5.(4) "Second unit" means an attached or a detached residential dwelling unit which provides completeindependent living facilities for one or more persons. It shall include permanent provisions for living,sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.A second unit also includes the following:(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect orapplication of the California Coastal Act (Division 20 (commencing with Section 30000) of the PublicA–29Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010
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Brown Field Municipal AirportLand U
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San Diego County Regional Airport A
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TABLE OF CONTENTS BROWN FIELD MUNIC
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TABLE OF CONTENTS BROWN FIELD MUNIC
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1Introduction1.1 OVERVIEW OF THE PL
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CHAPTER 1INTRODUCTIONthe vicinity o
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CHAPTER 1INTRODUCTION1.2.1 State La
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CHAPTER 1INTRODUCTION1.4 PLAN IMPLE
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Chapter 2Airport Land UseCommission
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CHAPTER 2AIRPORT LAND USE COMMISSIO
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Chapter 3Brown Field Municipal Airp
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CHAPTER 3BROWN FIELD MUNICIPAL AIRP
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CHAPTER 4BACKGROUND DATA: BROWN FIE
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Appendix CAirport Land UseCompatibi
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APPENDIX CAIRPORT LAND USE COMPATIB
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Appendix DMethods for Determining C
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APPENDIX DMETHODS FOR DETERMINING C
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Appendix EGeneral Plan Consistency
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APPENDIX EGENERAL PLAN CONSISTENCY
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APPENDIX EGENERAL PLAN CONSISTENCY
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Appendix FSample Implementation Doc
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Appendix GOn-Line Implementation To
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APPENDIX GON-LINE IMPLEMENTATION TO
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Appendix HGlossary of TermsIn addit
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APPENDIX HGLOSSARY OF TERMSDisplace
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APPENDIX HGLOSSARY OF TERMSNavigati
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APPENDIX HGLOSSARY OF TERMSVisual F
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Appendix ICorrespondence with theDi
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and FAA directive.That said, we wil
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Brown Field Municipal Airport Land Use Compatibility Plan

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