HomeMy WebLinkAboutMINUTES - 09291987 - 2.5 To•: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, Contra
Director of Community Development C4JJIa
DATE: September 28, 1987 Courty
SUBJECT: Selected Issues Relative to Adoption and Implementation of the
Proposed Residential Second Units Ordinance
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Staff recommends that:
1. Kensington' s request that criteria be developed that would
provide for the exemption of geographic areas meeting said
criteria from the Residential Second Unit Ordinance be taken
under consideration and returned to the Board for further
review at a future date;
2. The Board determine their preferred approach to:
a. Addressing the issue of amnesty for existing illegal
second units;
b. Processing of currently pending applications for resi-
dential second unit development;
3 . The Board reintroduce the Residential Second Unit Ordinance
in the attached revised form, waive reading, and set October
61, 1987, for ordinance adoption;
4. Parking space configuration on lots proposed for residential
second unit development be subject to Zoning Administrator
review and approval, with no parking permitted in setback
areas.
BACKGROUND
This is a continued report from the Director of Community Devel-
opment transmitting revisions to the Residential Second Unit
Ordinance and addressing issues discussed by the Board of Super-
visors at their September 15, 1987, meeting. As the Board
directed, staff met with Kensington' s community representatives
to examine the issues of existing illegal second units and
exempting Kensington from the provisions of the proposed ordi-
nance. The Residential Second Unit Ordinance including
additional revisions made by Community Development staff in con-
currence with County Counsel has also been attached for the
Board' s review.
CONTINUED ON ATTACHMENT; X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 29, 1987 APPROVED AS RECOMMENDED OTHER X
APPROVED revision to the Residential Second Unit Ordinance relating to parking space configuration;
INTRODUCED revised ordinance, WAIVED reading and FIXED October 6, 1987 for adoption; DIRECTED Community
Development staff to review Kensington's request for exemption; and REQUESTED Community Development
staff to review the feasibility of establishing a local advisory board to hear variance requests.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: I, IV, V NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: II, III OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED01
County Administrator's Office PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development
M382i7-83 BY ,DEPUTY
2.
DISCUSSION
Amnesty for Existing Illegal Second Units
Kensington community representatives are requesting that the
Board provide a one-year amnesty or grace period for all existing
illegal and legal non-conforming second unit. They have also
indicated that any units not achieving compliance within the
required time frames should be subject to immediate abatement
procedures. County Counsel advises that amnesty provisions with
a specific ending date of any desired period could be included in
the proposed Residential Second Unit Ordinance.
As currently proposed, the Ordinance would allow both legal non-
conforming and illegal second units to be legalized provided they
comply with all required ordinance standards. In addition,
provisions presently exist in the County Zoning Ordinance to deal
with illegally established second units; therefore, creating new
standards would result in unnecessary duplication. County
Counsel indicates that the available mechanisms for responding to
the problem of illegal second units and related ordinance viola-
tions are presently adequate.
Neither the Community Development staff nor County Counsel
support the concept of including amnesty in the Ordinance as
advocated by the Kensington community. Since no other existing
sections of the County Code embrace this concept, it would result
in a new and unique ordinance provision. Additionally, at the
end of any designated grace period the County would be compelled
to take actions requiring either compliance or abatement. If the
required actions did not occur on the specified date, the County
would be in violation of its own ordinance. As a matter of
policy the County enforces its Zoning Ordinance by responding to
zoning violations as they become aware of their existence.
Allowing amnesty subject to compulsory time periods for compli-
ance may result in a potentially negative political response. It
would also impose demands for additional staffing to enforce
these new provisions which might not be viable given existing
budgetary constraints. In light of these concerns, the Board
should determine whether it' s appropriate to include the
requested specific provisions governing illegal second unit
development as a part of the Second Unit Ordinance.
Exclusions of Geographic Areas from Ordinance Provisions
Kensington representatives have indicated that they would like
all of the community' s single family zoning districts to be
exempted from provisions of the Second Unit Ordinance. However,
they are also requesting that existing legal non-conforming
second units located in single family zoning districts be subject
to the provisions of the ordinance, particularly as it relates to
their legalization.
During the Board' s September 15, 1987 , meeting, Kensington resi-
dents raised the issue of excluding geographic areas from the
ordinance, particularly their community. In support of their
exemption request, Kensington representatives have submitted some
initial data along with proposed findings and the promise of
providing additional informational materials. Based upon the
Board' s direction to further explore the issue of exclusion and
recent discussions on the subject with Kensington representa-
tives, staff is currently in the process of considering potential
exemption criteria. Once staff receives the additional informa-
tion and has sufficient opportunity to study and review it, we
will return to the Board with recommendations at some future
date. It should be noted that staff was aware of the concept of
3 .
exempting selected geographic areas when drafting the ordinance,
but opted not to include such a provision because of the poten-
tial precedent it establishes. Granting one community exclusion
from the provisions of the Second Unit Ordinance opens the door
for future similar requests and could ultimately defeat the
intent of State law and this ordinance -- to provide for the
development of affordable housing opportunities.
Revisions to Residential Second Unit Ordinance
Parking: Kensington community representatives have consistently
requested that no variances be granted to the parking standards
established in the proposed Second Unit Ordinance. Staff recom-
mended in their August 11, 1987, report to the Board that parking
configuration should be subject to Zoning Administrator review
and final determination. The County Housing Authority supported
this recommendation arguing that flexible parking space arrange-
ments would account for constraints arising from existing parcel
development. With alternative parking space configurations,
tandem parking can be accommodated, where appropriate, resulting
in a more adaptable approach to meeting ordinance parking re-
quirements. It should be noted that any discretionary decision
on the part of the Zoning Administrator with respect to parking
space configuration also needs to be supported by appropriate
findings.
General: Since the last meeting, a variety of technical and lan-
guage revisions have been made to the ordinance along with the
following summary of substantive changes: allowing second units
only in residentially zoned Planned Unit (P-1) Districts but not other
Planned Unit Districts; regulating second unit size and lot
coverage standards in P-1 districts according to Zoning Admini-
strator established criteria; permitting second units to be
rented, leased or occupied by one or more persons; specifying the
number and types of rooms permitted in a second unit; allowing
tandem parking subject to Zoning Administrator determination and
specific findings; advising property purchasers of second unit
land use permit information availability from County or property
owner; stating that no more than one unit on a parcel may be
occupied by person( s) other than the property owner.
Due to duplication of existing County ordinance or State Govern-
ment Code standards, or legal concepts expressed by County
Counsel, provisions relating to the following were either revised
or deleted from the ordinance: applications, impact and process-
ing fees, land use permit standards, and unit tenancy.
Actual Date of Implementing Ordinance Provisions
Staff is seeking direction from the Board regarding the treatment
of pending applications submitted but not completely processed
before the effective date of the Residential Second Unit
Ordinance. Several options exist for dealing with these in-
process applications:
1. Processing according to the Zoning Ordinance standards in
effect at the time of second unit application submission;
2. Processing according to the new Second Unit Ordinance stan-
dards in effect after the time of second unit application
submission;
3 . Processing according to the new second unit ordinance stan-
dards for all applications received after the Board' s action
(September 29 , 1987 ) on the Second Unit Ordinance; .
4.
4. Processing according to the ordinance in effect at the time
of second unit application decision-making;
Alternative 1 presents one of the more viable approaches because
it diminishes the potential for disruption to applicants in
comparison to either options 2 or 4. Both options 2 and 4 could
result in denials of applications which might have otherwise been
approved under the previously existing ordinance standards.
Staff prefers option , 3 because it gives advance notice to future
applicants of the ordinance requirements which will then be in
effect at the time of applicant submission.
CW: jn
1: 2unit.cw
Atttachment: Residential Second Unit Ordinance
Y
ORDINANCE NO. 87-67
(Residential Second Units)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I. SUMMARY. This ordinance adds Chapter 82-24 to the
County Ordinance Code to permit the addition of residential
second units in residential zoning districts.
SECTION II . FINDINGS. The Board recognizes there is a shortage
of housing at rent levels affordable for low- and moderate-income
citizens , including young single people, single parents, the
elderly and the handicapped. Additionally, as the local economy
and population expand, more diverse housing opportunities must be
provided 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, 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 ( for residential uses) , and multiple-family residen-
tial 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 moderate-income and senior citizens;
,.,( 2 ) Improving security for homeowners who .fear both
;criminal intrusion and personal accidents while living alone;
.5 ._- ( 3 ) Encouraging infill housing construction that can
efficiently utilize existing infrastructure and services; and..
( 4 ) Reducing the need for major improvements, expansion or
expensive new infrastructure systems such as roadways, drainage
and utilities to serve undeveloped areas.
The Board further finds that a second unit established under
this ordinance does not exceed the allowable density for the lot
upon which it is located. Finally; the Board finds that second
units are a residential use that is consistent with the County
General Plan and the zoning classifications for the applicable
zoning districts.
ORDINANCE NO. 87-67
SECTION III : Chapter- 82-24 is added to the County Ordinance Code
to read:
CHAPTER 82-24
RESIDENTIAL SECOND UNITS
Article 82-24. 2
General
82-24 . 202 Purpose. The purpose of this chapter is to
authorize second units and to establish a procedure for reviewing
and approving their development in order to ensure and maintain
healthy and safe residential living environments.
(Ord. 87-67 § 3 . )
82-24 , 204 Applicable districts. The provisions of this
chapter are applicable to the single-family residential districts
(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) for residential uses, and the multiple-
family residential districts (M-6, M-9, M-12, M-17, and M-29) .
(Ord. 87-67 § 3. )
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Article 82-24. 4
Definitions '
82-24. 402 Generally. Unless otherwise specifically
provided, or required by the context,. the following terms Aave
the following indicated meanings in this chapter.
(Ord. 87-67 § 3 . )
82-24. 404 Attached second unit. "Attached second unit"
means a dwelling unit which is attached to the primary residence
by any means, including a common wall; roof or floor.
(Ord. 87-67 § 3 . )
82-24. 406 Detached second unit. "Detached second unit"
means a dwelling unit which is not attached to the primary
residence by any means, including a common wall, roof or floor.
(Ord. 87-67 § 3 . )
82-24 . 408 Legal non-conforming second unit. "Legal non-
conforming second unit" means a second unit which presently
constitutes a non-conforming second unit but which, at the time
of its construction, did comply with the applicable zoning
district regulations affecting that property. ,
(Ord. 87-67 § 3 . )
ORDINANCE NO. 87-67
2
82-24 . 410 Second unit. "Second unit" means no more than
one r,?w 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, including 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.
(Ord. 87-67 § 3 . )
Article 82-24. 6
Applications
82-24 . 602 Applications. A second unit proposed for
approval shall require submission of an application to the
community development department.
(Ord. 87-67 § 3 . )
82-24 . 604 Applications--contents. An application for a
permit approving a second unit must be made in writing and
contain the following information:
( 1 ) Name( s) and address(es) of applicant(s) , property
owner( s) , and 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 the 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 the proposed
second unit;
(d) Floor plan configuration of the primary residence
and the proposed second unit;
(e) All other existing improvements, including
driveways and parking areas;
( f) Exterior design, including architectural features
of the primary residence and the proposed second unit;
( 5 ) Location of and distances to existing improvements on
adjacent parcels;
( 6) Location and description of water and sanitary services
for both the primary residence and the proposed second unit.
(7 ) Property owner' s consent to physical inspection of the
premises.
( 8) A written legal description of the property.
(Ord. 87-67 3 . )
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82-24 . 606 Applications--Types of second unit. The applica-
tion shall set forth the manner in which the second unit will be
established, as follows:
ORDINANCE NO. 87-67
3
( 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.
(Ord. 87-67 § 3 . )
82-24. 608 Applications--processing. All applications for
second units shall be processed in accordance with the provisions
of Chapter 26-2 , except for Article 26-2. 21. All such applica-
tions shall be expeditiously reviewed and shall receive priority
permit processing relative to other community development ,
department permit processing activities.
(Ord. 87-67 5 3 . )
Article 82-24. 10
Land Use Permits
82-24. 1002 Land use permits--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:
r, ( 1) The second unit is intended for rent or lease or oc-
cupancy by one or more persons.
( 2 ) The lot contains a net building site area of at least
6 , 000 square feet.
( 3 ) The second unit may include- one kitchen, living room,
and dining room,' and no more than two bathrooms and two bedrooms.
( 4 ) In 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 percent,
whichever is less.
( 5 ) In multiplelfamil.y 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.
( 6) In planned unit (P-1) districts, where no fixed
standards are specified, the zoning administrator shall have the
authority to establish reasonable standards for floor area,
yards, building height, distance between buildings, and lot
coverage
( 7 ) 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.
( 8) The second unit satisfies height, setback, lot size,
lot width, lot depth, and other zoning requirements generally
applicable to residential construction in the pertinent zoning
district, and all applicable fees and charges 'shall be paid.
( 9 ) The second unit is architecturally compatible with
overall neighborhood character and the primary residence in terms
ORDINANCE NO. 87-67
4
of scale, colors, materials and design for trim, windows, roof,
roof pitch and other _exterior physical features.
( 10 ) The second unit shall have a separate entrance located
on either building side or rear and not visible from the street
front area.
( 11 ) The second unit does not result in excessive neighbor-
hood noise, traffic, or parking problems.
( 12 ) The second unit does not overburden public services,
utilities or facilities.
( 13) Development of the second unit does not present a
threat to public health, safety or welfare.
(Ord. 87-67 § 3 . )
82-24 . 1004 Unit tenancy. No more than one dwelling unit on
a parcel of property occupied by a second unit shall be rented or
leased to or occupied by persons(s) other than the property
owner. Nothing in this section shall be construed to prohibit
one or both of the units remaining vacant.
(Ord. 87-67 § 3 . )
82-24. 1006. Parking. The lot or parcel on which a second
unit is to be situated must accommodate a minimum 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 in any- of the required front, side
or rear yard setback areas. Parking may be permitted in a tandem
configuration only when the zoning administrator finds all of the
following:
( 1 ) No other physically viable parking options exist on the
subject property;
( 2 ) Parking will not intrude into required rear yard or
side yard setback areas; and
( 3 ) No more than two vehicles may be parked in tandem.
(Ord. 87-67 § 3 . )
82-24 . 1008 Non-conforming units. 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 only if the non-conformity is not expanded and
the second unit meets all current applicable zoning district
standards.
(Ord. 87-67 § 3 . )
82-24 . 1010 Variances. Variance permits to modify require-
ments relating to lot width, depth, building height maximums,
parking and yard setbacks may be granted in accordance with.
Chapter 26-2 .
(Ord. 87-67 § 3 . )
Article 82-24. 12
Other Requirements
82-24. 1202 - Building permits.; A second unit for which a
permit has been issued under this chapter is subject to the
ORDINANCE NO. 87-67
5
requirements. of Title 7, Building Regulations.
(Ord. 87-67 § 3 . )
82-24 . 1204 Disclosure of deed restrictions. Each permittee
shall prepare a disclosure statement which shall be included in
any future offer or sale documents, which indicates the require-
ments associated with a second unit permit. Such disclosure
statement shall read as follows:
"You are purchasing a property with a permit for a
residential second unit. This permit carries with it
certain conditions that must be met by the owner of the
property. The permit is available from the current
owner or. from the Contra Costa County Community
Development Department. "
(Ord. 87-67 § 3 . )
82-24 . 1206 Monitoring of permit activity. In July of each
year the community development department shall submit to the
planning commission an annual report of second unit development
activity and recommending, if necessary, modifications to or
limitations on second unit development. The report shall include
an assessment of the impacts of second unit development on
traffic, parking, public services, density, and other related
matters considered appropriate for consideration by the depart-
ment or the planning commission.
(Ord. 87-67 § 3 . )
SECTION IV. Subdivision ( 10) of Section 84-4. 404 of the County
ordinance Code is amended to' read:
( 10 ) Residential second units complying with the provisions
of Chapter 82-24.
(Ord. 87-67 § 4, 86-43 , 83=70, 76-75 § 1 , 76-36 § 2, 73-51 § 3 ,
67-38 , 1762, 1569 § 1, 1549: prior code § 8142(b) : Ords. 1405,
1179 § 3 , 382 § 4A. )
SECTION V. Section 84-26 . 404 of the County Ordinance Code is
i
amended by adding subdivision (10) to read:
( 10 ) Residential second units complying with the provisions
of Chapter 82-24.
(Ord. 87-67 § 5, 86-43 § 7, 78-40 § 1, 72-44 § 2, 1761, 1569:
prior code § 8151(b) : Ord. 1224. )/Section! 84-66. 402
SECTION VI . of the County Ordinance Code is
amended by adding subdivision ( 3) to read.
( 3 ) In a` P-1 _district for which residential uses are
approved, residential second units complying with the provisions
of Chapter 82-24.
(Ord. 87-67 § 6 , 79-74: § 84-66. 006: prior code § 8166(j ) : Ord.
1743 . )
ORDINANCE NO. 87-67
6
SECTION V: 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 ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Board Chair
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
[SEAL)
By
Deputy
SBM
( 9-28-87 )
I
ORDINANCE NO. 87-67
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