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HomeMy WebLinkAboutMINUTES - 09151987 - 2.2 "-002 To- BOARD OF SUPERVISORS FROM: Harvey E. Bragdon, ClJl lira Director of Community Development l @. DATE-. September 15 , 1987 Coin ly, SUBJECT: Residential Second Units Ordinance and Related Processing Fees Ordinance. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Staff recommends that the Board of Supervisors adopt Ordinance No. 87-67 as introduced at the August 11, 1987 , meeting and in the attached revised form, with the added change that parking space configuration be subject to Zoning Administrator review and approval. BACKGROUND This is a report from the Director of Community Development trans- mitting the revised version of the Residential Second Unit Ordinance for final action by the Board of Supervisors. On August 11, 1987, the Board conducted a public hearing on the Planning Commission' s recommended ordinance, accepted verbal and written testimony and took the following actions: 1. Adopted the Administrative Processing Fees Ordinance No. 87-68 ; 2. Approved and adopted the amended Negative Declaration of Environmental Significance; 3 . Accepted the Community Development Department Director ' s recommendations, but retained the prohibition of tandem parking and deleted the requirement for a recordable deed restriction; 4. Approved, in concept, the Residential Second Unit Ordinance as recommended by the Community Development Director, with the modifications identified in above Item 3 ; 5. Directed staff to taken those actions necessary to prepare a completed Residential Second Unit Ordinance, for the Board' s final adoption. CW/jn t2: 2unitbrd.ord CONTINUED ON ATTACHMENT: X YES SIGNATURE' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM TION 10F OARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF 30ARD ON APPROVED AS RECOMMENDED OTHER ff Lawrence Thal, representing Kensington Community Services District, Gary Morrison and Robert M. Hansen, representing the Kensington Improvement Club, appeared and requested limiting second units to only multiple zoned areas in the Kensington area, citing traffic, parking, narrow streets among the reasons they opposed second units in the single family areas of Kensington. Board members discussed the matter. The Board TABLED until September 29, 1987 action on the above - recommendation to adopt Ordinance 87-67. 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc. Development ATTESTED f 7 County Counsel County Administrator's Office PHIL BAT HELOCLERK OF THE BOARD OF SUPERVISORS AND D COUNTY ADMINISTRATOR <hlic Works BY ,DEPUTY 2 - In their August 11, 1987, report to the Board, staff recommended that parking configuration be subject to Zoning Administrator review and final determination. As noted in the August 13 , 1987 , letter and August 14, 1897, .County Housing Authority request for reconsideration and amendment to the Residential Second Unit _ Ordinance, providing flexibility in the arrangement of required parking spaces will take into account constraints arising from existing parcel development. Allowing alternative parking space arrangements would provide the discretion needed to accommodate tandem parking, where appropriate, resulting in an more adaptable approach for meeting ordinance parking requirements. As previously recommended, the revised ordinance was returned to the County Planning Commission on an informational referral at their September 8, 1987, meeting. During that session, the Commission was advised of the August 11, 1987, actions including the Board' s directed and authorized changes to the ordinance. A copy of Ordinance No. 87-67, An Ordinance Regulating the Development of Residential Second Units in Contra Costa County, is attached for the Board' s review and action. In summary, changes have been made to both the arrangement of text contents and list of ordinance contents. Article headings were partially renumbered and relabeled and the overall sequence of ordinance contents reordered. Sections were deleted, added, or otherwise altered to reflect the Ordinance modifications approved by the Board on August 11, 1987. CW/jn t2: 2unitbrd.ord attachment: Ordinance No. 87-67, An Ordinance Regulating the Development of Residential Second Units in Contra Costa County. ATTACHMENT ORDINANCE NO. 87-67 AN ORDINANCE REGULATING THE DEVELOPMENT OF, RESIDENTIAL SECOND UNITS IN CONTRA COSTA COUNTY SECTION I Findin s. The Board recognizes there is a shortage of housing at rent levels affordable for low and moderate income citizens including, ' among others, young single people, single parents, the elderly and handicapped. Additionally, as the local economy and population expand, more diverse housing opportunities must be pro- vided for accommodating those residents desiring to obtain rental housing. In response to the needs of these specific population segments and to achieve a community with housing available for all income level households, a residential Second Unit Ordinance has been prepared. Therefore, the Board declares it necessary, for the health, safety and welfare of its residents, to permit Residential Second Units in Single-Family Residential , Duplex, Planned Unit, and Multiple Family Residential Zoning Districts in accordance with the provisions of this ordinance. The Board further finds and declares that there are many benefits associated with the establishment of Residential Second Units on existing residential lots which include:. 1. Increasing the supply of affordable rental housing for low and moder- ate income and senior citizens; 2. Improving security for homeowners who fear both criminal intrusion and personal accidents while living alone; 3. Encouraging infill housing construction that can efficiently utilize existing infrastructure and services; 4. Reducing the need for major improvements, expansion or expensive new infrastructure systems such as roadways, drainage and utilities to service undeveloped areas. The Board further finds that a second unit established under this ordinance does not exceed allowable density for the lot upon which it is located. Finally, the Board finds that second units constitute a residential use that is consistent with the County General Plan and the zoning classifications for the applicable zoning districts. r' Page 2 SECTION II: Chapter 8.2-24 is added to the County Ordinance to read: CHAPTER 82-24 RESIDENTIAL SICOND UNITS Article 82-24.2 Ordinance Section 82-24.202 Purpose Ordinance Section 82-24.204 Applicable Districts Ordinance Section 82-24.4 Definitions Ordinance Section 82-24.410 Types of Second Units Ordinance Section 82.24.6 Applications Ordinance Section 82-24.802 Land Use Permit Processing Ordinance Section 82-24.804 Land Use Permit Standards Ordinance Section 82-24.1002 Unit Tenancy Ordinance Section 82-24.1202 Non-Conforming Second Units Ordinance Section 82-24.1204 Legal , Non-Conforming Primary Residences Ordinance Section 82-24.1402 Parking Ordinance Section 82-24.1404 General Variances Ordinance Section 82-24.1406 Building Permits Ordinance Section 82-24.1602 Impact Fees Ordinance Section 82-24.1604 Processing Fees Ordinance Section 82-24.1802 Monitoring of Permit Activity Ordinance Section 84-24.1804 Disclosure of Deed Restrictions Ordinance Section Section III Repeal of Existing Ordinance Provisions Ordinance Section Section IV Revisions of Existing Ordinance Provisions Ordinance Section Section V Ordinance Effective Date General 82-24.202 Purpose. This Chapter authorizes Second Units and establishes a procedure for reviewing and authorizing their development in order to ensure and maintain healthy and safe residential living environments. 82-24.204 Applicable Districts. The provisions of this Chapter are applicable to the Single-Family Residential , R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100; Duplex, D-1; Planned Unit, P-1; and Multiple Family Residential Zoning Districts, M-6, M-9, M-12, M-17, and M-29. Page 3 Article 82-24.4 82-24.4 Definitions. When used in the context of this chapter., the following words have specific de- finitions relating to the implementation 'of' this Ordinance: 82-24.402 Attached Second Unit. A dwelling unit which is attached to the primary dwelling unit by any means including a common wall , roof or floor. 82-24.404 Detached Second Unit. A dwelling unit which is not attached to the primary residence by any means including a common wall , roof or floor. 82-24.406 Legal Non-Conforming Second Unit. A second unit which presently constitutes a non-conforming second unit but which, at the time of its construc- tion, did comply with the applicable zoning district regulations affecting that property. 82-24.408 Second Unit A Second Unit means no more than one additional dwelling unit, attached or detached as an accessory building, located on any one lot or parcel , which satisfies all of the following conditions: 1) It provides complete, independent living facilities for one or more persons residing together as a single household unit. 2) It consists of permanent provisions for living, sleeping, water and sanitation facilities, eating and separate food preparation facilities in- cluding, but not limited to, a stove or hot plate, oven, refrigerator and sink. 3) It remains clearly subordinate in size, appearance and location to the existing principal residence. 82-24.410 Types of Second Units. 1. Conversion of an attic, basement, garage, or other portion of the existing primary residence; 2. Addition of a separate unit to the existing primary residence; 3. Creation of a detached structure on the lot or parcel in addition to the existing primary residence. Page 4 Article 82-24.6 Applications. 82-24.602 Applications. A second unit proposed for development or .legalization under Ordinance Section 82-24.1202 shall require submission . of an .official application to the Community Development Department. 82-24.604 Application Contents. An application for a permit seeking approval of a second unit must be made in writing and contain the following information: 1) Name(s) of applicant(s) , property owner(s) and names and addresses of all adjoining property owners; 2) Address and Assessor's Parcel number for the property; 3) Size indicating dimensions and square footage of the primary residence and proposed second unit; 4) A legible scale drawing showing: a) A north arrow to indicate parcel orientation. b) Lot dimensions and labels for all property lines. c) Siting of the primary residence and proposed second unit. d) Floor plan configuration of the primary residence and proposed second unit. e) All other existing improvements including driveways and parking areas. f) Exterior design including architectural features of the pri- mary residence and proposed second unit. 5) Location and distances to existing improvements on adjacent parcels; 6) Location and description of water and sanitary services for both the primary residence and second unit; 7) Property owner's consent allowing for physical inspection of the premises. 8) A written legal description of the property proposed for second unit development. 82-24.606 Application Processing All second unit applications shall be expeditiously reviewed and receive priori- ty permit processing relative to other Community Development Department permit processing activities. Page 5 Article 82-24.8 Land Use Permits 82-24.802 Land Use Permit Processing. An application for a second unit which complies with the standards of this Ordinance shall be processed in accordance -with Chapter 26-2 provisions. 82-24.804 Land Use Permit Standards. The planning agency division hearing the matter, either initially or on appeal , shall make the findings established in Article 26-2.20, along with the following, before granting a land use permit for a second unit; 1) The second unit is intended for rent or lease and occupancy by a family member or unrelated person(s) living together as a single household unit. 2) The second unit shall not be sold separately nor a parcel con- taining a second unit be subdivided as defined in the State Subdivision Map Act (CA Gov. Code Section 66510 et. seq. ) . 3) The lot meets a minimum 6,000 square foot net building site area. 4) In no case shall the second unit have more than two bedrooms in addition to a kitchen, living room/dining room, and bathroom, regardless of the unit's floor area or ultimate size; 5) For single family residential districts, the total floor area of the second unit may not exceed 1,000 square feet or cause the maximum structural lot coverage to exceed 40%, whichever is less. 6) For multiple family residential districts, the total floor area of the second unit may not exceed 1,000 square feet or cause the maximum structural lot coverage to exceed 25 percent in the M-6 through M-17 districts, or 35 percent in the M-29 district, whichever is less. 7) The second unit complies with all building code requirements governing additions to an existing single family dwelling, as deemed appropriate; 8) If a private sewage disposal system, water system or both are proposed to be used, it must be approved by the health officer and meet all applicable County regulations before a second unit may be established. 9) The second unit conforms to height, setback, lot size, lot width, lot depth, fees, charges, and other zoning requirements generally applicable to residential construction in the respective zone district. 10) The second unit is architecturally compatible with overall neigh- borhood character and the primary residence in terms of scale, colors, materials and design for trim, windows, roof, roof pitch and other exterior physical features; Page 6 11) The second unit shall have a separate entrance located on either the building side or rear and not visible from the street front area. 12) For existing second units, evidence of a valid, applicable building permit shall be required prior to issuance of a condi- tional land use permit. 13)' The second unit does not result in excessive neighborhood noise, traffic, or parking problems; 14) The second unit does not overburden public services, utilities or facilities; 15) Development of the second unit does not present a threat to public health, safety or welfare. Article 82-24.10 Occupancy Standards 82-24.1002 Unit Tenancy No more than one dwelling unit on a parcel of property occupied by a second unit shall be rented or leased. If more than one unit on the parcel is rented or leased, the permit shall be revoked and use of the property revert to the appli- cable zoning district permitted occupancy. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. Article 82-24.12 Non-Conforming Units 82-24.1202 Non-Conforming Second Unit. A non-conforming second unit constructed or converted with an applicable building permit before the effective date of this ordinance must obtain a land use permit in order for it to become a legal use. 82-24.1204 Legal , Non-Conforming Primary Residence. Notwithstanding the provisions of Section 82-8.006, where the existing primary residence constitutes a legal non-conforming unit, a second unit may be constructed provided the non-conformity is not expanded. A second unit constructed in conjunction with a legal non-conforming primary residence shall meet all current applicable zone district standards and be subject to first obtaining the required land use permit. Page 7 Article 82-24.14 Development Standards 82-24.1402 Parking. The lot or parcel on which a second unit is to be situated must accommodate a minimum total of. three off-street parking spaces for use in connection with both the primary residence and the second unit. Off street parking shall be allowed in a driveway, but not any of the required front, side or rear yard setback areas. Parking spaces may not be arranged in a tandem configuration. 82-24.1404 General Variances Variance permits to modify the provisions of ordinance sections relating to lot width, depth, building height maximums and yard setbacks may be granted in accordance with Chapter 26-2. 82-24.1406 Building Permits. A second unit for which a permit has been issued under this Chapter is subject to the requirements of Title 7. Article 82-24.16 Fees 82-24.1602 Impact Fees Impact fees for drainage improvement purposes shall be assessed according to criteria established by the County's Drainage Fees Ordinance as referenced in the most recent standard drainage fee schedule. Drainage fees do not apply to conversions of existing structures as defined in Section 82-24.410 or any conversion for second unit development purposes not resulting in additional impervious surface areas. Impact fees for roadway improvement purposes in adopted Areas of Benefit shall be collected according to the County's Subdivision Code Chapter 913-4 for all new construction involving any alteration or enlargement of an existing resi- dential building or structure which results in the creation of a second unit. 82-24.1604 Processing Fees Fees as specified by County Ordinance No. 87-68 will be collected by the Community Development Department in conjunction with the receipt and processing of applications for second unit development. Page 8 Article 82-24.18 Other Requirements 82-24.1802 Monitoring of Permit Activity. An annual report to the Planning Commission shall be prepared by the Community Development Department which monitors second unit development activity levels and recommends, if necessary, modifications to or limitations on second unit de- velopment. The report shall include an assessment of the impacts on such items as traffic, parking, public services, density, etc. , and other related matters considered appropriate for consideration as determined by the Community Develop- ment Department or Planning Commission. 82-24.1804 Disclosure of Deed Restrictions. Each permittee shall prepare a disclosure statement to be included in any future offer of sale documents which indicates the requirements associated with a second unit permit. Such disclosure statement shall read as follows: "You are purchasing a property with a permit for a resi- dential second unit. This permit carries with it certain conditions that must be met by the owner of the property." SECTION III: Repeal of Existing Ordinance Provisions. Section 84-4.404 Subdivision (10) of the County Ordinance Code is repealed to read the following: "Residential second units as defined in and developed according to the standards established by Ordinance No. 87-67. " SECTION IV: Revisions of Existing Ordinance Provisions. Section 84-26.404 of the County Ordinance Code is revised to add Subdivision (10) and read the following: "Residential second units as defined in and developed according to the standards established by Ordinance No. 87-67." Article 86-66.4 of the County Ordinance Code is revised to add Section 84-66.403 and read the following: "84-66.403 Uses - Requiring Land Use Permit Following rezoning approval to a residential land use and acquisition of a land use permit, residential second units as defined in and developed according to the standards established by Ordinance No. 87-67. Page 9 SECTION V: Ordinance Effective Date. This Ordinance becomes effective 30 days after passage and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the a newspaper published in this County. PASSED AND ADOPTED by the Contra Costa County Board of Supervisors, in Contra Costa County, California, at a regular meeting held on via the following called vote: AYES: Supervisors: 2 NOES: Supervisors: ATTEST: Phil Batchelor, County Administrator and Ex-Officio Clerk of the Board of Supervisors By: Deputy CW/mb c:2unitord.rpt