HomeMy WebLinkAboutMINUTES - 10061987 - 1.63 (3) t
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;
( 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.
. SECTION III: Chapter 82-24 is added to the County Ordinance Code
to read:
ORDINANCE NO. 87-67
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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 . )
Article 82-24. 4
Definitions
82-24. 402 Generally. Unless otherwise specifically
provided, or required by the context, the following terms have
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 dweiling 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 . )
82-24. 410 Second unit. "Second unit" means no more than
one new additional dwelling unit, attached or detached as an
ORDINANCE NO. 87-67
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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 . ) .
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:
( 1) Conversion of an attic, basement, garage, or other
Portion of the existing primary residence;
ORDINANCE NO. 87-67
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( 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 § 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:
( 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 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.
( 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
of scale, colors, materials and design for trim, windows, roof,
roof pitch and other exterior physical features. .
ORDINANCE NO. 87-67
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( 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, consistent with required finding ( 2)
below. 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 any of the required front
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
requirements of Title 7, Building Regulations.
(Ord. 87-67 § 3. )
ORDINANCE NO. 87-67
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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 . ) r'
SECTION IV. Subdivision (10) of Section 84-4. 404 ofi' the County
Ordinance Code is amended to read:
( 10) Residential second units complying with the provisions
of Chapter 82-24. a.
(Ord. 87-67 § 4, 86-43 , 83-70, 76-75 § 1, 76-36 § 2,,j73-51 § 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
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 VI . Section 84-66.402 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. ,,
17,43. )
SECTION VII. All applications for residential second units filed
on or after September 29, 1987 shall be governed byl" the provi-
sions of this ordinance.
ORDINANCE NO. 87-67
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SECTION VIII : 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 CONTRA CCSTA TIMES ,Ja newspaper'
published in this County.
PASSED ON October 6 , 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
Board Chair
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
[SEAL]
By
Dep y
SBM
(10-5-87)
ORDINANCE NO. 87-67
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