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MINUTES - 06032003 - D3
TO: BOARD OF SUPERVISORS Contra rfi '1. FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR County DATE: JUNE 3, 2003 SUBJECT: HEARING ON THE COUNTY PLANNING COMMISSION RECOMMENDATION ON A PROPOSAL TO REPEAL EXISTING ORDINANCE TEXT UNDER CHAPTER 82-24 OF THE COUNTY ORDINANCE CODE, RELATING TO RESIDENTIAL SECOND UNITS, TO BE REPLACED WITH NEW ORDINANCE TEXT AS MANDATED UNDER CALIFORNIA GOVERNMENT CODE SECTION 65852,2, County File: ZT#02-0007 (All Districts) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. OPEN the Public Nearing. B. DETERMINE that for purposes of compliance with the California Environmental Quality Act(CEQA),the project is covered under a Statutory Exemption under CEQA Guidelines Section 15282(i),which exempts the adoption of ordinances pertaining to residential second units in a single family or multifamily residential zoning district in order to implement the provisions of California Government Cade Section 65852.2. C. FIND that adoption of the proposed ordinance, an action that would repeal existing ordinance text under Chapter 82-24 and replace with new ordinance text as mandated under California Government Code Section 65852.2, as recommended by the County Planning Commission, is consistent with the General Plan. CONTINUED ON ATTACHMENT: X YES SIGNATURE , RECOMM;NDATION OF COUNTY ADMINISTRATOR ,RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON June 3 2003 APPROVED AS RECOMMENDED x OTHER_.,x ** See attached addendum for Board action** VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND _UNANIMOUS(ASSENT 12Mg_J CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: __-- _ ENTERED ON THE MINUTES OF THE BOARD OF ASSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN "**District III VACANT** Contact: Patrick Roche (925)335-1242 ATTESTED June 3, 2003 cc: Community development Department JOHN SWEETEN, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR County Planning Commission Fast County Regional Planning Commission i San Raman Valley Regional Planning Commission _�° :x $ All Municipal Advisory Committees BYi }f¢ DEPUTY JUNE 3,2003 BOARD OF SUPERVISORS HEARING ON NEW RESIDENTIAL SECOND UNIT ORDINANCE,COUNTY FILE:ZT#02-0007 PAGE 2 RECOMMENDATIONS - continued D. INTRODUCE Ordinance 2003-17, waive the reading, and adopt ordinance. E. DIRECT staff to post a Notice of Exemption with the County Clerk, FISCAL IMPACT None. BACKGROUND I REASON FOR RECOMMENDATION This is a proposal to repeal existing Chapter 82-24 of the County Ordinance Code and replace it with a new Chapter 82-24 in order to comply with California Government Code Section 65852.2, which governs residential second units. The new ordinance authorizes second units, establishes location and development standards for second units, and provides that all second unit permits must be considered ministerially without discretionary review or public hearing. In 2002 the State Legislature amended the California Planning and Zoning Law in furtherance of its stated interest in creating housing opportunities with the passage of AB 1866(Wright). California has had legislation encouraging second units for many years, but the State Legislature believing that local policies and actions have frustrated second unit development passed AB 1866 amending three sections of the Planning and Zoning Law relating to second units and density bonuses. The primary change in state law under AB 1866 is that approval of second units becomes a ministerial process rather than a discretionary process now currently used by the County. A report new state housing laws, including AB 1866, was previously submitted to the Board on April 1, 2003. Contra Costa County has had a Residential Second Units Ordinance since 1987. The new state law will affect the planning process for residential second unit development in the unincorporated areas of Contra Costa County in a number of ways.As reported to the Board on April 1,2003, County Counsel has advised that Contra Costa County must amend Chapter 82-24 to eliminate the land use permit requirement for second units, eliminate the provision authorizing variances for second units, and add specific standards for approval of second units.Since the key provisions of AB 1866 relating to second units will go into effect on July 1,2003, the timing for changes to repeal and replace the ordinance text in Chapter 82-24 to conform with the new state law is critical. The County Planning Commission considered the matter of a new Residential Second Units Ordinance on May 6, 2003 and again on May 20,2003. As described in County Planning Commission Resolution No. 18-2003, the Commission recommends the Board adopt a new Residential Second Units Ordinance. Attached for the Board's consideration is the new Residential Second Units Ordinance, listed under Exhibit "A" to this report as Ordinance 2003-17, which the Commission recommends for adoption. JUNE 3,2003 BOARD OF SUPERVISORS HEARING ON NEW RESIDENTIAL SECOND UNIT ORDINANCE,COUNTY FILE:ZT#02-0007 PAGE 3 BACKGROUND / REASON FOR RECOMMENDATION —continued In summary this new Residential Second Units Ordinance will establish specific and objective standards for the location and development of second units in all residential zoning districts, and, as mandated by state law, it provides that a residential second unit permit shall be approved in a ministerial review rather than through a land use permit (a discretionary review). This new ordinance would also amend the R-6: Single Family Residential District to update permitted uses in Section 84- 4.402 to reflect that second units are permitted without a use permit(by right)and to delete reference to a use permit for a second unit in Section 84-4.404. The new ordinance would likewise update the M-29: Multiple Family Residential District to update the permitted uses in Section 84-26.402 to reflect that second units are permitted without a use permit (by right)and to delete reference to a use permit for a second unit in Section 84-26.404 because it must be permitted in a ministerial action manner. In reviewing this matter, members of the County Planning Commission expressed many concerns and reservations with how the new state law will be implemented. Commission members felt that there will likely be unintended consequences resulting from the ministerial review of residential second units that could have negative impacts on residential neighborhoods. Accordingly, as described in County Planning Commission Resolution No. 18-2003, the Commission strongly recommended that upon adoption of the new Residential Second Units Ordinance the Board should direct the Community Development Department to study the impacts of the new ordinance nine months from its adoption. They further recommend that the results of this study on impacts of the new Residential Second Units Ordinance be reported to the County Planning Commission and Board of Supervisors. Attachments (4) Exhibit°A": Ordinance 2003-17 Exhibit"B": County Planning Commission Resolution No.18-2003 Exhibit"C": Report to County Planning Commission, 5/6/2003 and Supplemental Staff Report, 5/2012003 Exhibit T": CPC Public Hearing Notice and Mailing List GAAdvance Planningladv-plan\Board Orders\BOARD ORDER NEW RESIDENTIAL SECOND UNIT ORDINANCE.doc ADDENDUM TO ITEM D.3 June 3, 2003 On this date,the Board of Supervisors considered the Contra Costa County Planning Commission recommendation on a proposal to repeal existing Ordinance Text under Chapter 82- 24 of the County Ordinance Code,relating to Residential Second Units,to be replaced with new ordinance text as mandated under California.Government Code section 65852.2, County File ZT#02-0007. Dennis Barry, Director, Community Development Department,presented the staff report and recommendations. Also present was Patrick Roche, Community Development Department. The Chair opened the public hearing and there were no requests to speak. The Chair closed the public hearing and returned the matter to the Board for discussion. Supervisor Uilkema requested some revisions to Ordinance 2003-17: ❑ On page 4, (d)Lot Coverage,paragraph 2,the word"total"be added to read"In P-1 Planned unit districts where an approved final development plan specifies maximum total structural lot coverage,the second unit must not cause the maximum total structural lot coverage to exceed the specified percentage. In P-1 planned unit districts where an approved final development plan does not specify maximum total structural lot coverage,the second unit must not cause the maximum total structural lot coverage to exceed 40 percent. ❑ On page 5, (J) Sewage and Water, a sentence be added to read"If a private sewage disposal system,water system or both are proposed to be used, it must meet all applicable county regulations and be approved by the health office before a second unit may be established. Verification that the standard has been met is required prior to final inspection." ❑ On page 5,Deed Restrictions, (a)paragraph(3)the word"County"be added to read"The restrictions are binding upon any successor in ownership of the property and lack of compliance may result in legal action by the County against the property owner." Supervisor Gioia then moved to approve staff recommendations with the amendments. Supervisor Uilkema second the motion and the Board took the following action: ❑ CLOSED the public hearing, ❑ DETERMINED that for purposes of compliance with the California Environmental Quality Act(CEQA),the project is covered under a Statutory Exemption under CEQA Guidelines Section 15282 (i),which exempts the adoption of ordinances pertaining to residential second units in a single family or multi-family residential zoning district in order to implement the provisions of California Government Code Section 65852.2; • FOUND that adaption of the proposed ordinance, an action that would repeal existing ordinance text under Chapter 82-24 and replace with new ordinance text as mandated under California Government Code Section 65852.2, as recommended by the Contra Costa County Planning Commission, is consistent with the General Plan; • INTRODUCED Ordinance 2003-17; a WAIVED the reading • ADOPTED Ordinance 2003-17 as amended today. Exhibit "A„ Ordinance 2003-17 ORDINANCE NO. 2003-17 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 repeals existing Chapter 82-24 of the County Ordinance Code and replaces it with a new Chapter 82-24 in order to comply with Government Code section 55852.2, which governs residential second units. This ordinance authorizes second units, establishes location and development standards for second units, establishes a review and approval procedure for second units,and provides that all second unit permits must be considered ministerially without discretionary review or a public hearing. (Ord. 2€03-17 § 1.) SECTION II. Chapter 82-24 of the County Ordinance Code is repealed in its entirety and is replaced by new Chapter 82-24, added by Section III of this ordinance. SECTION III. Chapter 82-24 is added to the County Ordinance Code,to read: Chapter 82-24 RESIDENTIAL SECOND UNITS 82-24.002 Purposes. The purposes of this chapter are to authorize second units, to establish a procedure for reviewing and approving their development to ensure and maintain healthy and safe residential living environments; to establish location and development standards for second units; and to comply with Government Code section 55852.2, which requires local agencies to consider applications for second unit permits ministerially without discretionary review or a public hearing. (Orris. 2003-17 § 3, 87-57 §3.) 82-24.004 Definition. For purposes of this chapter, "second unit"has the meaning set forth in California Government Code section 55852.2. (Ord. 2003-17 § 3, 87-67 §3.) 82-24.006 Permitting Procedure. An application for a second unit permit that meets the location and development standards contained in this chapter and all applicable building standards in Title 7 shall be approved ministerially without discretionary review or public hearing. (Ord. 2003-17 § 3.) 82-24.008 Location. (a) One second unit,may be located on any lot in a single-family residential district(R-6,R-7,R- 10, R-12,R-15,R-20,R-40,R-65, and R-100),planned unit district(P-1)for residential. ORDINANCE NO. 2003-17 1 uses, or a multiple-family residential district(M-6, M-9, M-1 ,M-17, and M-29). (b) No subdivision rights are authorized that would result in the second unit being located on a separate lot. (Ords. 2003-17 § 3, 87-67 §3.) 82-24.010 Applications. (a) An application for a second unit permit must be submitted to the Community Development Department prior to the submittal to the County of a building permit application. (b) An application for a second unit permit must be made in writing and contain the following information: (1) Name(s) and address(es)ofapplicant(s) and property owner(s). (2) Address and assessor's parcel number for the lot. (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 and location 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 of the primary residence and the proposed second unit. "Exterior design"includes architectural style and exterior features, such as trim, windows, and roof. (5) A description of the building and roof materials of the primary residence and second unit, and a sample board of the colors of the primary residence and second unit. (6) Color photographs of the primary residence and surrounding properties taken from ORDINANCE NO. 2003-17 2 each.of the property lines of the project site. (7) Location and description of water and sanitary services for both the primary residence and the proposed second unit. (8) Property owner's consent to physical inspection of the premises. (9) A written legal description of the property. (4rds. 2003-17 § 3, 87-67 § 3). 82-24.012 Development Standards. A second unit permit will be issued only if it complies with the following development standards: (a) Yards and wilding Height. (1) In single-family and multi-family residential districts, second units must comply with requirements relating to yards(front setbacks, side, and rear) and building height that are generally applicable to residential construction in the zone in which the property is located. (2) In P-1 planned unit districts where an approved final development plan specifies requirements relating to yards(front setbacks, side,and rear)and building height, second units mast comply with the requirements specified in the plan. In P-1 planned unit districts where an approved final development plan does not specify requirements relating to yards and building height, second units must comply with requirements relating to yards and building height that are generally applicable to residential construction in the R-6 zone. (b) Lot Size. The minimum size of a lot with a primary residence and a second unit is 6,000 square feet. Applications for a second unit permit are exempt from the requirements of Ordinance Code section 82-10.002(c). (c) Size and Configuration. (1) The total floor area of the second unit must not exceed 1,000 square feet. (2) A second unit may be in one of the following configurations: (A) An internal conversion of a garage or other area within the existing primary residence. ORDINANCE NO. 2003-17 3 (B) An addition attached to the existing primary residence. (C) The creation of a detached structure on the lot separate from the existing primary residence. (D) An addition attached to an existing or newly constructed accessory structure. A second unit may be attached to an accessory structure only if the accessory structure meets all of the following requirements: (i) The total floor area of the accessory structure does not exceed 400 square feet,not including the second unit. (ii) The accessory structure is limited to garage space. (iii) The accessory structure complies with all requirements relating to yards (front setbacks, side, and rear) and building height that are applicable to the primary residence in the zone in which the property is located. (d) Lot Coverage. (1) In single-family residential districts, the second unit must not cause the maximum total structural lot coverage to exceed 40 percent. In multiple-family residential districts,the second unit must not cause the maximum total structural lot coverage to exceed 25 percent in the M-6 through M-17 districts or 35 percent in the M-29 district. (2) In P-1 planned unit districts where an approved final development plan specifies maximum total structural lot coverage, the second unit must not cause the maximum total structural lot coverage to exceed the specified percentage. In P-1 planned unit districts where an approved final development plan does not specify maximum total structural lot coverage,the second unit must not cause the maximum total structural lot coverage to exceed 40 percent. (e) Living Provisions. A second unit must provide complete independent living facilities for one or more persons, including permanent provisions for living,sleeping, eating,cooking, and sanitation. The second unit may include one kitchen, living room, and dining room, and no more than two bathrooms and two bedrooms. (f) Entry. The second unit must have a separate entrance located on either building side or rear and not visible from the street front area. ORDINANCE NO. 2003-17 4 (g) Off-Street Parking. A lot containing a second unit must provide an additional off-street parking space to serve the second unit. The additional space may be in tandem,or the additional space may be in the existing driveway if the additional space is outside the existing setback or side yard. The exception under Ordinance Code section 84-4.1202 shall not apply to lots for which a second unit permit is issued. (h) Architectural Compatibility. The second unit must incorporate the same exterior design, building and roof materials, and colors as the primary dwelling unit. "Exterior design"includes architectural style and exterior features, such as trim,windows, and roof. (i) Permanent Foundation. A permanent foundation is required for all second units. (j) Sewage and Water. If a private sewage disposal system,water system or both are proposed to be used, it must meet all applicable county regulations and be approved by the health officer before a second unit may be established. Verification that the standard has been met is required prior to final inspection. (Ords. 2003-17 § 3, 87-67 § 3). 82-24.014 Occupancy. The owner of a parcel with a second unit shall occupy either the primary dwelling unit or the second unit. (Ord. 2003-17 § 3, 87-67 §3.) 82-24.016 Deed restrictions. Before obtaining a second unit permit, the applicant shall do the following: (a) Enter into an agreement of restrictions with the County that refers to the deed under which the property was acquired by the applicant and provides the following: (1) The second unit shall not be sold separately. (2) The second unit is restricted to the maximum size allowed under Ordinance Code section 82-24.012. (3) The restrictions are binding upon any successor in ownership of the property and lack of compliance may result in legal action by the County against the property owner. (b) Record the agreement with the County Recorder. (c) Prepare a disclosure statement that shall be included in any future offer or sale documents. The statement shall read as follows: "You are purchasing a property with a permit for a second residential ORDINANCE NO. 2003-17 5 unit. This permit carries with it certain restrictions that must be met by the owner of the property. You are prohibiter)from selling the second unit separately. The second unit is restricted to the maximum size allowed under County Ordinance Code Section 82-24.012. The permit is available from the current owner or from the Contra Costa County Community Development Department." (Ord. 2003-17 § 3, 87-67 §3.) 82-24.018 Nonconforming Units. Notwithstanding the provisions of Ordinance Code section 82- 8.006, if the existing primary residence is a legal nonconforming unit, a second unit may be constructed only if the nonconformity is not expanded and the second unit meets all current applicable zoning and building standards. (Ord. 2003-17 § 3, 87-67 §3,) 82-24.0213 Fees. Fees for second unit permits will be in amounts established by the Board of Supervisors in the Community Development Department's fee schedule. Second units are subject to all new development fees, including but not limited to development impact fees,park fees, and assessment district assessment allocations. (Ord. 2003-17 § 3, 87-67 §3.) SECTION IV. Section. 84-4.402 of the County Ordinance Code is amended to read. 844.402 Uses--Permitted. The following uses are allowed in an R-6 district: (1) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it. (2) Crop and tree farming, except raising or keeping any animals other than ordinary household pets. (3) Publicly owned parks and playgrounds. (4) A residential care facility for the elderly,operated by a person with all required state and local agency approvals or licenses,where not more than six persons reside or receive care,not including the licensee or members of the licensee's family or persons employed as facility staff. (5) A family day care home where care protection and supervision of twelve or fewer children in the provider's own home are provided for periods of less than twenty-four hours per day,while the parents or guardians are away. (6) Aviaries. Aviaries shall not be over twelve feet high nor exceed one square foot in area for ORDINANCE NO. 2003-17 6 each fifty square feet of net land area per lot, with a maximum size of 1,600 square feet. Unless otherwise provided herein, aviaries shall be set back at least 25 feet from the front property line and any street line and at least 10 feet from any side or rear property line, and shall be maintained in a sanitary manner as determined by the county health department. (7) Residential second units complying with the provisions of Chapter 82-24. (Ords. 2003-17 § , 86-43 § 2, 78-83 § 1, 77-51 § 2, 68-25 § 2.prior code § 8142(a): Ords. 1269 § 1, 1179 § 3, 1039, 1028,382 §4A). SECTION V. Section 84-4.404 of the County Ordinance Code is amended to read: 844.444 Uses—Requiring Land Use Permit. The following uses may be allowed in an R-6 district on the issuance of a land use permit: (1) A home occupation. (2) Hospitals,eleemosynary and philanthropic institutions, and convalescent homes. (3) Churches and religious institutions and parochial and private schools including nursery schools. (4) Community buildings, clubs, and activities of a quasi-public, social, fraternal or recreational character, such as golf,tennis, and swimming clubs,and veterans' and fraternal organizations. (5) Greenhouses, over three hundred square feet. (6) More than one detached dwelling unit on a lot or parcel, if the density is not greater than the following: (A) R-6 district-- six thousand square feet per dwelling unit. (B) R-7 district--seven thousand square feet per dwelling unit. (C) R-10 district--ten thousand square feet per dwelling unit. (D) R-15 district--fifteen thousand square feet per dwelling unit. (E) R-20 district--twenty thousand square feet per dwelling unit. (F) R-40 district-- forty thousand square feet per dwelling unit. ORDINANCE NO. 2003-17 7 (G) R-65 district--sixty-five thousand square feet per dwelling unit. (H) R-100 district--one hundred thousand square feet per dwelling unit. (1) D-1 district--no density restriction. (J) F-I district--no density restriction. (7) Commercial nurseries. A land use permit application shall include a site plan indicating planting and landscaping areas,existing and proposed structures,and plans and elevations to indicate architectural type. (8) Medical and dental offices and medical clinics. (9) Publicly owned buildings and structures except as provided in Division 82. (10) A family care home where care,protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day,while the parents or guardians are away. (11) Commercial radia and television receiving and transmitting facilities other than broadcasting studios and business offices. (12) The installation of exterior lighting at a height of seven feet or more above the finished grade of the parcel except exterior light placed upon the single-family residence. (Ords. 2003-17 § , 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): 4rds. 1405, 1179 § 3, 382 § 4A). SECTION VI. Section 84-26.402 of the County Ordinance Code is amended to read: 4-26.402 Uses—Permitted. The following uses are allowed in an M-29 district: (1) A detached single family dwelling on each lot and the accessory structures normally auxiliary to it. (2) Duplex. (3) Multiple family buildings,but not including motels or hotels. (4) Crop and tree farming,not including retail nurseries or the raising or keeping of any animals ORDINANCE NO. 2003-17 8 other than ordinary household pets. (5) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval(license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons. (6) A family day care home where care, protection and supervision of twelve or fewer children in the provider's own home and provided for periods of less than twenty-four hours per day, while the parents or guardians are away. (7) A residential care facility for the elderly,operated by a person with all required state and local agency approvals or licenses,where not more than six persons reside or members of the licensee's family or persons employed as facility staff. (8) Residential second units complying with the provisions of Chapter 82-24. (Orris. 2003-17 § , 86-43 § 6, 78-83 § 3, 78-40 § 1, 72-44 § 2, 68-25 §2, 1761, 1569.prior code § 8151(a): Ord. 1224). SECTION VII. Section 84-26.404 of the County Ordinance Code is amended to read: 84-26.404 Uses—Requiring Land Use Permit. The following uses may be allowed in an M-29 district on the issuance of a land use permit: (1) A home occupation. (2) Hospitals, eleemosynary and philanthropic institutions,convalescent homes, and boarding homes. (3) Churches,religious institutions, and parochial and private schools, including nursery schools. (4) Community buildings,clubs, and activities of a quasi-public, social, fraternal, or recreational character,such as golf, tennis, and swimming clubs;veterans' and Fraternal organizations not organized for monetary profit. (5) Greenhouses(over three hundred square feet) and nurseries for the propagation of plants only and not including any retail sales of nursery products. (6) Medical and dental offices and clinics. ORDINANCE NO. 2003-17 9 (7) Publicly owned buildings and structures, except as provided in Division 82. (8) Commercial radio and television receiving transmitting facilities but not including broadcasting studies or business offices. (9) A family care home where care,protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day,while the parents or guardians are away. (Ords. 2003-17 § , 87-67 § 5, 8043 § 7, 78-44 § 1,72-44 § 2, 1761, 1569:prior code § 8151(b): Ord. 1224). SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa'Times, a newspaper published in this County. PASSED on Jum 3, 2003 ,by the following vote: AYES: sjpmis S GIOIA, ULIKM, tom{ m andDeSMUUM NOES: NOM ABSENT: NOM ABSTAIN: NM **District III Seat is VACANr** , ATTEST: JOHN SWEETEN, �€���;� -'( Clerk of the Board of Supervisors Board Chair and County Administrator By: ,' ' . ) [SEAL] Deputy . TLG: H:\2003'Con=unityDevetopmmt\2nd unit ord-fina1#2.wpd ORDINANCE NO.2003 017 10 Exhibit "B" County planning Commission resolution No.18-2003 RESOLUTION NO.18-2003 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDATIONS TO REPEAL CHAPTER 82-24,RESIDENTIAL SECOND[.WITS,COUNTY ORDINANCE CODE AND REPLACE WITH NEW CHAPTER 82-24 IN ORDER TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2,County File# ZT 02-0007 WHEREAS, Centra Costa County has since 1987 implemented a Residential Second.Unit Ordinance, Chapter 82-24, County Ordinance Code, and WHEREAS,the purpose of the Residential Second Units Ordinance(Chapter 82-24,County Ordinance Code)is to authorize second units and to establish a procedure for review and approving their development in order to ensure and maintain healthy and safe residential living environments; and WHEREAS, on September 29, 2042, the first major revision to the state law relating to residential second unit under California Government Code Section 65852.2 was enacted when the Governor signed Assembly Bill 1866; and WHEREAS,after July 1,2003,new California Government Code Section 65852.2 requires any second unit application to be considered through a ministerial process, without discretionary review or hearing. WHEREAS, the existing the County's Residential Second Unit Ordinance is now inconsistent with the new state law because it requires the issuance of a Land Use Permit,which is a discretionary action rather than a ministerially action. WHEREAS,the Community Development Department and County Counsel have prepared a new Residential Second Unit Ordinance that repeals the Land Use Permit requirement and replaces ordinance text that will comply with the requirements of California Government Ordinance Code Section 65852.2. WHEREAS, after notice was lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday,May 6,2003,whereas all persons interested might appear and be heard; and WHEREAS, on Tuesday, May 20, 2003, the County Planning Commission having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, the project is covered under a Statutory Exemption under CEQA Guidelines Section 15282 (i),which exempts the adoption of ordinances pertaining to residential second units in a single family or multi-family residential zoning district in order to implement the provisions of California Government Code Section 65852.2; and NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission of the County of Contra Costa recommends for adoption to the Board of Supervisors of the County of Contra Costa the repeal of the text for County Code Chapter 82-24 and replacement of new ordinance text with modifications as approved on May 20, 2043. BE IT RESOLVED that County Planning Commission of the County of Contra Costa finds that the proposed new text under County Code Chapter 82-24 relating to the residential second units, as described in May 6,'2003 staff report and recommendations to the County Planning Commission, and a supplemental staff report submitted for May 20,2403 meeting,and approved on May 20,2003, will bring Contra Costa County's residential second unit ordinance into substantial consistency with California Government Code Section 65852.2, and since said ordinance is in furtherance of the Housing Element policies and implementation measures, which encourages the development of second units, it is therefore consistent with the County General Plan. BE IT FURTHER RESOLVED that the County Planning Commission of the County of Contra Costa strongly recommends that upon adopting this new ordinance the Board of Supervisors of the County of Contra Costa direct the Community Development Department to study the impacts of the new Residential Second Unit Ordinance beginning nine months from its adoption,and that the Department report on these impacts to the County Planning Commission and the Board of Supervisors and identify whether changes to the new ordinance are necessary based upon the nine month review. BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board.of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the County Planning Commission to prepare this resolution were given by motion of the County Planning Commission on Tuesday,May 20,2003,by the following vote: AYES: Commissioners - Battaglia,Clary,Gaddis,Hanecak,Mehlan, Terrell, and Wong NOES: Commissioners - None ABSENT: Commissioners- None ABSTAIN: Commissioners- None Hyman Wong, Chair of the County Planning Commission, County of Contra Costa, State of California ATTEST: 5, Dennis M. Barry, Secretary County Planning Commission County of Contra Costa State of California GAAdvance Planning\adv-plan\Board Orders\CPC RESOLUTION ON residential second unit ordinance.doc Exhibit "C" Report to County Planning Commission, 51612003 and Supplemental Staff Report, 5120/2003 Agenda Item#3 Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY, MAY 6, 20.03 — 7:00 p.m COUNTY INITIATED TEXT AMENDMENT TO REPEAL, EXISTING CHAPTER 82-24, RESIDENTIAL SECOND UNITS, COUNTY ORDINANCE CODE AND REPLACE WITH ANEW CHAPTER. 82-24 IN ORDER TO COMPLY WITH CALIFORNIAGOVERNIVMNT CODE SECTION 65852.2, County File #ZT 02-0007 I. INTRODUCTION NEW RESIDENTIAL SECOND UNIT ORDINANCE - This is a proposal to repeal existing Chapter 82-24 of the County Ordinance Code and replace it with a new Chapter 82-24 in order to comply with California Government Code Section 6585.2.2, which governs residential second units. The ordinance authorizes second units, establishes location and development standards for second units, and provides that all second unit permits must be considered ministerially without discretionary review or public hearing. H. RECOMMENDATION The County Planning Commission adopt a motion: A.-Find-that the proposed ordinance is consistent with the General Plan. B. Recommend to the Board of Supervisors that they mare a determination that the proposed action is Statutorily Exempt from CEQA under Section 15282(i), and that they adopt the ordinance to repeal the existing text of Chapter 82-24 of the County Ordinance Code replacing it with a new text in Chapter 82-24 in order to comply with California Government Cade Section 6582.2, and make text amendments to Sections 84- S_ 4.402 and, 84-4.404 in the R-6: Single Family Residential District, and Sections 84-26.402 and 84-26.404 in the M-29: Multi-Family Residential District, to remove references to Land Use Permit requirements for residential second units. III. JURISDICTION OF THE COMMISSION This is being brought to the County Planning Conn i scion since this is a project or plaru in9 rrza�ner, which is countywide in scope. The matter under consideration is consistent with the ordinance defining the roles and responsibilities of the County Planning Commission and the Regional Planning Cominission. Sole jurisdiction to make a recon-iniendation to the Board of Supervisors on a project or planning matter of countywide significance is vested with the County Planning Commission. IV, PURPOSE OF CODE TEXT AMENDMENT On September 29, 20€12, the first major revision to the residential second unit statute (CA Govt. Code Sec. 65852.2) was enacted when the Governor signed Assembly Bill 1856. In general, Assembly Bill 1866 states that after July 1, 2003, any second unit application must be considered through a ministerial process, without discretionary review or hearing. A copy of Assembly Bill 1866 is attached as Exhibit".A" to this report The. term "ministerial" describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. A ministerial decision involves only the use of fixed. standards or objectives and the public official cannovuse-persanal subjective judgment-in deciding whether or how the project should be carried out. A ministerial request is granted when it can meet all laws, ordinances, regulations, and statutes. Ministerial actions cannot be appealed. For example, a building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform.. Building Code, and the applicant has paid his fees. See CEQA Guidelines Section 15369 for a definition of ministerial. S-3 Conversely, a "discretionary" project means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as opposed to situations where the public agency or body merely has to determine whether there has.been conformity with applicable statutes, ordinances, or regulations (CEQA Guidelines Section 15357). A discretionary .action describes a review process that often involves public comment, a substantial level of subjective review and judgment, and a public hearing. Discretionary actions can be appealed. County Ordinance Code Chapter 82-24 authorizes residential second units and establishes a procedure for reviewing and approving second units in certain zoning districts based on the issuance of a Land Use Permit.. See exhibit "B". to. this. report for the existing Residential Second Unit ordinance. Existing Chapter 82-24 is now inconsistent with the new State housing law since the issuance of a Land Use Permit is a discretionary action rather than a ministerially action. Attached as. Exhibit "C" to this report is an analysis of the new State housing law prepared by County Counsel. County Counsel has advised that Contra Costa County must amend its existing ordinance to conform with the new state law by eliminating the land use permit requirement for second units, by eliminating the provision authorizing variances for second units, and add specific objective standards for the approval of second units. These actions are necessary in order to con.forni the County Ordinance Code to State law. Timing is critical for the adoption of an ordinance that would amend Chapter 82-24, because if the ordinance is not in effect by July 1, 2003 then any application-for a second dwelling unit, submitted on or after July 1, 2003, must be approved or disapproved ministerially without discretionary review or hearing, based on the State's minimum requirements as contained in CA Govt. Code Sec. 65852.2. (See Exhibit "A", AB 1866, chaptered). S-4 V. RE Ot l2E,N1ENTS OF THE NEW STATE LAW Under the new law, second residential units must be reviewed n�iinisterially. Therefore, it is essential that the ordinance to conform, second residential unit requirements be written using criteria and measures that are objective to address the physical conditions and scenarios for proposed second dwelling unit development proposals. The new law states that the County may, by ordinance,provide.for the creation of second dwelling units. The ordinance may do the following; Designate area where second units may be permitted which may be based on criteria, 'including but not limited to, adequacy of water and sewer services and impact on traffic flaw, • Establish standards for second units that are objective, including but not limited to parking, height, setbacks, lot coverage, architectural compatibility, maximum size, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places; :Provide that second dwelling units do not exceed allowable density for the property and that the .second unit is a residential use consistent with. the General flan land use designation and the zoning district. VI. PROPOSED ZONING CODE TEXT ANffiND7.\4ENT Attached as E:xIil it l to this reportY is.a draft rvordinaricetl at would repeal the existing text in Chapter 82.24 and replace it with new text in order to conform to CA Govt. Code Section 65852.2. This draft ordinance was prepared in consultation with.and assistance by County Counsel. The following is a summary of the proposed changes to Chapter 82-24 based on a new numbering of the Chapter's sections: A. 82-24.202 Purposes--revised and updated to reference new CA Govt. Cade Section 6.5852.2 S-5 B. 82-24.004 Definitions simplifies definitions by revising the text to refer to the deftni.tionof second unit under the new CA Govt. 'Code Section 65852.2 C. 82-24.006 Permitting Procedure -new section that establishes a residential -second unit permit shall be approved ministerially provide it meets the location and development standards.in this chapter and building standards under Title 7 D. 82-24.008 Location -- identifies the location or zoning district in which second unit may be permitted, and reiterates that second unit may not be subdivided into a separate lot E. 82-24.410 Applications — establishes the application submittal requirements for a second unit application F. 82-24.012 Development Standards -- establishes specific and objective development standards for issuing a residential second unit permit G. 82-24.014 Occupancy — establishes that owner must occupy either primary residence or the secondary unit E 82-24.016 Deed Restriction -- establishes deed restriction requirements for a residential second unit application, including prohibition on selling the second unit I. 82-24.018 Nonconforming units -- establishes requirement for second units where the primary unit is nonconforming J. 82=24.020 pees — establishes that fees-for second unit permits be included in the Community Development Department's fee schedule, and that second units are subject to new development fees,' including but not limited to development impact fees, parr fees, and assessment districts The ordinance would also amend the text of the R.-6; Single :Family Residential District to update the permitted uses in Section 84-4.402 to reflect that second units are permitted without a use permit (by right), and delete reference to a use permit for a second unit in Section S-6 84-4.404 because it :mint be permitted as a ministerially manner. Likewise, the ordinance would also amend the M-29: Multi-Family Residential District to.update the permitted uses in Section 84-26.402 to reflect that second uses are permitted without a use permit (by right), and delete reference to a use permit for a second unit in Section 84-26.404 because it must be permitted in a ministerial manner. .Attached as Exhibit "E" to. this. report is a table that compares. and summarizes bath the residential second unit requirements under,the existing Chapter 82-24 and the text amendments proposed in the draft ordinance aimed at complying with the new State law. VII. GENTRAL PLAN CONSIDERATIONS Section. 65860 of the California Government Cade requires that a jurisdiction's zoning ordinance be consistent with its. General Plan. It also provides that in order for the ordinance to be consistent with the General Plan, the various land uses authorized by the ordinance are compatible with the objective, policies, general land uses, and programs specified in the general Plan. In the case of the proposed residential second unit ordinance, the policies and implementation measures in the recently adopted Housing Element are most relevant. The following is a review and analysis of the relevant Housing Element policies and implementation measures: A. Policies Housing Production: Goal 3, Increase the supply of housing with a priority on the development of affordable housing, Policy 3.4-(page-6-113) Facilitate the development of second units as an affordable housing alternative; and, • Removal of Governmental Constraints, Goal 7, Mitigate potential governmental constraints to housing development and affordability, Policy 7.1 (Page 6-115) -- Establish and maintain development standards that support housing development while protecting quality of life; and Policy 7.4 (Wage 6-115)- Continue to provide timely and coordinated processing of S-7 residential development projects in order to minimize project holding costs and encourage housing production.. E. In lementation Measures * 12. Second Units 5 'fir. Program Objective (page 6-125) Facilitate the development of 20 second units annually for a total of 100 units over S years. General Plan Consistency Analysis: the proposed residential second unit ordinance would remove one constraint to the development on new residential second units and provide an incentive for their development. ne Housing Element acknowledges that second units are a recognized housing type for certain demographic and income groups in the community, This proposed ordinance is in f irtherance of the .mousing Element policies and implementation measures referenced above, and therefore are consistent with the General Plan. V111. CEQA DE i E.L\IM12 .11.L ION The zoning code text amendment is covered by a CEQA Statutory Exemption 15282(1), which exempts the adoption of ordinances, pertaining to second residential units in a single family or multi- family residential zoning district, in order to implement the provisions of CA Govt. Code Section 65852.2. LX. STAFF ANALYSIS/DISCUSSION A. PROPOSED ORDINANCE WOULD EXEMPT RESIDENTIAL SECOIv-D UN71TS FROM SMALL LOT REVIEW As noted above, the new State law specifically provides that residential second units must be considered as a ministerial project and precludes them from discretionary review. County Ordinance Code Section 82-10.002(c), relating to Small Lot Occupancy, directs that prier to issuance of a building permit the location, size, height, and design of a proposed dwelling on a substandard residential zoned lot be reviewed and conditionally approved by the zoning admin strator after a public hearing to consider impacts on the surrounding neighborhood. Effective July 1, 2003 this provision in the S-8 County Ordinance Code, which would result in a residential second unit on a substandard lot to be reviewed and conditionally approved by the zoning administrator, would be in conflict with the neve State law since. it is clearlya discretionary review.. A copy of the. County's "Small Lot" Review procedure is. attached as Exhibit "P. There are two basic options available to correct for this conflict: 1) establish a fixed standard for lot size according to the applicable zoning district for a residential second unit; or, 2)provide for specific exemption for residential second units from the small lot review requirements under Chapter 82-10.002(c). Staff is recommending the second option that provides for the exemption from the small lot review process for a residential second unit. See Section 82-24.012(b), draft Residential Second. Unit Ordinance, under. Exhibit "D". This approach is preferable because setting.a rigid lot size standard based on the applicable zoning district would have the unintended consequence of denying a homeowner the ability to even apply for residential second unit where the lot falls just below the lot size requirement for the applicable zoning district (i.e. a 9,800 square foot lot in an R-10 Residential Zoning District would be deemed substandard, because the lot size for this district is 10;000 square feet). Denying a homeowner the ability to apply for residential second unit on a substandard lot would seem to be inconsistent with the. State Legislature's intent to provide for second units to address the crisis in affordable housing. Additionally, it is noted that there are a number of locations throughout the County where substandard lots are common in residential.neighborhoods. Attached for the Commission's consideration under Exhibit "G" is a tally of residential second unit applications processed by the County over--a- two year period, from __..April-2001 -tip April 2003 _'The County ptoce sed '44 residential second units during this two year period, and 14, or about 113, of these applications went through the small lot review procedure. Based on the two year trend data, reliance on a strict or rigid lot size requirement as a means to correct the conflict inherent with small lot review would have a direct impact on residential second unit development. S-9 Instead, staff recommends that a more direct and, perhaps more equitable approach, is to exempt a residential second unit application from the entire small lot review process allowing an application for residential second unit on a substandard lot provided the requirements for yards (front setbacks, side, and rear) for the applicable zoning district can be met. Staff acknowledges that this would mean a simple kitchen addition or modest family room addition for a residence on substandard lot might be subject to small lot review through the zoning administrator; whereas, a detached residential second unit up to 1,000 square feet of floor area on substandard lot would be handled without a public hearing or public comment. B. UNIT SIZE The existing second residential unit ordinance sets the maximum'size of a second unit at 1,000 square feet of total floor area, and allows up to one kitchen, living room., and dining room and no more that two bathrooms and two bedrooms. The proposed ordinance does change these standards. No change is proposed to unit size because the objective of this text amendment has been to conform the County's residential second unit ordinance to the new State law without making substantive policy changes unless otherwise directed. The actual living area of residential second unit has in most instances not been an issue in the past. However, concerns have been raised about the net effect of combining a residential second unit to a detached garage at the ground level. The implications under the new ordinance is that a structure up to 1,600 square feet (1,000 sq. ft. second unit and 600 sq. ft. accessory structure-garage) would be permitted on a lot-without the benefit-of public review or comment. _finis.-could--lie-an issue--in several residential.- co=unities where the size of structures accessory to the primary residence have been very controversial. Staff is raising this issue to make the Commission aware of some the practical implications that could result from the ordinance. The Commission may wish to consider including a provision in the new ordinance that would establish a not to exceed standard for a residential second unit attached to an accessory structure. For example, the provision could limit the combined total ground floor area of a structure to 1,400 square feet when a residential second unit is attached to an accessory structure, with no more than S-10 1;(}00 square feet devoted. to the residential second unit. This would provide 400 square feet in the accessory structure, or the equivalent of a two car garage. Assembly Bill 1160 now pending before the State Legislature would continue to enable a jurisdiction to set the minimum and maximum unit size requirements for second units but it would set a maximum at 1,200 square feet of floor area, or 40 percent of the living area of the principal dwelling unit, and a minimum floor of 400 square feet of floor area. Staff notes that should Assembly Bill 1160 pass with this prevision it may be necessary to once again .amend the residential second unit ordinance. C. FEES Section 82.24.020 in the proposed ordinance establishes that second units are subject to all new development fees, including but not limited to traffic impact fees and park dedication fees. Development impact fees are typically set according Housing type, either single family or multi-family. At the present time fees on a second unit are collected based on the single-family rate. The proposed ordinance does change the requirement that residential second units must pay all new development fees. No change is proposed to this requirement because the objective of this text amendment has been to conform. the County's residential second unit ordinance to the new State law without making substantive policy changes unless otherwise directed. Staff does feel that it is appropriate to pose the following question to the Commission: Should fees on a residential second unit be set at the single-family rate or multi-family rate? It could be argued that development fees-.on.-residential second units are-economic burden or disincentive that is contrary to the intent of the new State law that is to facilitate development of residential second units. The Commission may wish to forward a recommendation to the Board of Supervisors on an appropriate approach to evaluating the fee structure for residential second units. In addition to the analysis and discussion presented above, the Commission is also direct to Exhibit "E" to this report, which is a table comparing the key provisions of the existing second residential unit ordinance with the proposed ordinance. This table also includes S-11 analysis and discussion of the key requirements under the residential second unit ordinance. X. SUlVfl Ry The action recommending the repeal of the existing text of Chapter 82-24' and replacement with next text (as contained in draft Residential Second Units Ordinance, Exhibit "D") will bring the County Ordinance Code provisions relating to residential second units into consistency with the new State law. Attachments Exhibit"A": Copy of Assembly Bill 1866 Exhibit "B": Analysis of the new state housing laws, AB 1866 and AB 2293, prepared by the Office of County Counsel Exhibit"C": Existing Residential Second Unit Ordinance, Ch. 82-24 Exhibit"D": Proposed Residential Second Unit Ordinance Exhibit"E": Table Comparison — Existing v. Proposed Residential Second Unit Ordinance Exhibit"F": Small Lot Review Process Exhibit°`O": Residential Second Units applications processed by Contra Costa County from April 2001 to April 2003 0_tAdvaant nnitWaY 42M3 ax 9211repon=5e dnail crra nce rtAsed.dx ... .. Exhibit "A": Copy of Assembly Bill 1866, Chaptered Assembly Bill No.,1866 CHAPTER 1062 An act to amend Sections 65583.1, 65852.2, and 65915 of the Government Code,relating to housing. [Approved by Governor September 29,2002.Filed with Secretary of State September 29,2002.] LEGISLATIVE COUNSELS DIGEST AB 1.866,Wright. Housing: density bonuses. (1) The Planning and Zoning Law requires the housing element of the general plan of a city or county,among other things,to identify adequate sites for housing, including rental housing, factory-built housing, and mobilehomes, and to make adequate provision for the existing and projected needs of all economic segments of the community. That law permits the Department of Housing and Community Development to allow a city or county to identify.adequate sites by a variety of methods. This bill would authorize the department to also allow a city or county to identify sites for 2nd units based upon relevant factors,including the number of 2nd units developed in the prior housing element planning period. (2) The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units on parcels zoned for a primary single-family and multifamily residence,as prescribed, This bill would require, when a local agency receives its first application on or after July 1, 2003, that the application shall be considered ministerially without discretionary review or hearing, notwithstanding other laws that regulate the issuance of variances or special use permits. The bill would authorize a local agency to charge a fee to reimburse the agency for costs it incurs as a result of these provisions. (3) The Planning and Zoning Law also requires,when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with incentives or concessions for the production of lower income housing units within the development if the developer meets specified requirements. Existing law requires the local government to establish procedures for carrying out these provisions. This bill would revise those provisions to refer to an applicant who proposes a housing development and would recast them to,among other things,revise criteria for making written findings that a concession or 90 Ch. 1062 —2— incentive 2—incentive is .not required., add criteria for continued affordability of housing in a condominium project, authorize an applicant to request a meeting on its proposal for aspecific density bonus, incentive, or concession or for the waiver or reduction of development standards,and exempt developments meeting certain affordability criteria from specified laws.By increasing the duties of local public officials,the bill would impose a state-mandated local program. The bill would also authorize an applicant to initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession in violation of these provisions,,and would require the court to award the plaintiff reasonable attorney's fees and costs of suit. It would authorize a local agency to charge•a fee to reimburse it for costs that it incurs as a result of these provisions. (4) The California Constitution requires the state to reimburse local agencies and.school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act fora specified reason. Rie peopledf the State.cif California do,enact as.follows: SECTION- 1. Section 65583.1 of the Government Code is amended to read: 65583.:1. (a) The Department of Housing and Community Development,in evaluating a proposed or adopted housing element for compliance with state law, may allow a city or county to identify adequate:sites, as required pursuant to Section 65583, by a variety of methods,:including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories.The department may also allow a city or county to identify sites for second units based on the number of second units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community,the resources or incentives available for their development, and any other relevant factors,as determined by the department.Nothing in this section reduces the responsibility of a city or county to identify, by income category,the total number of sites for residential development as required',by this article. (b) Sites that contain permanent housing units located on a military asv-undergdirig closure of b6iiversion as a result-of actfcsn puarsuant to the Defense Authorization Amendments and Base Closure and 90 --3 Ch. 1062 Realignment Act(Public Law 100-526),the Defense Base Closure and Realignment Act of 1990(Public Law 101-510),or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. Any city, city and county,. or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1)of subdivision(b)of Section 65400. (c) (1) The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community's obligation to identify adequate sites for any income category in its.housing element pursuant to paragraph(1)of subdivision (c) of Section 65583 if the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income householdsat affordable housing costs or affordable rents,as defined in Sections 50052.5 and 50053 of the Health and Safety.Code,and which meet the requirements of paragraph(2).Except as otherwise provided in this subdivision, the community.may substitute one dwelling unit for one dwelling unit site in the applicable income'category. The program shall do all of the following: (A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of the fluids from those sources to the provision-of housing pursuant to this subdivision. (B) Indicate the number of units that will be provided to both low-and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents. (C) Demonstrate that the units meet the requirements of paragraph (2)• (2) Only units that comply with subparagraph(A), (B),or(C)qualify for inclusion in the housing element program described in paragraph(1), as follows: (A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community's stock of housing affordable to low-and very tow income households. For purposes of this subparagraph, a unit is not eligible to 90 Ch. 1062 —4— be 4--- be"substantially rehabilitated"unless all of the following requirements are met: (i) At the time the unit is identified for substantial rehabilitation,(I) the local government has determiixnedthat the unit is at imminent-risk of loss to the housing stack, (II)the local government has committed to provide relocation assistance pursuant to Chapter 16(commencing with 1.Section 7260)of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity;(III)the local government requires:that any displaced occupants will have the right to reoccupy the rehabilitated units,and(lam the unit has been cited and found by the local code enforcement agency or a court to be unfit for human habitation,and vacated or subject to being vacated because of the existence for not less than 120 days of four of the conditions listed in subdivisions(a)to(g),inclusive,of Section 17995.3 of the Health and Safety Code. (ii) The rehabilitated unit will have long-term affordability covenants and restrictions that zeguire the unit to be available to,and occupied by, persons or families of low- or very low income at.affordable housing costs for at least 20 years or the time period required by.any applicable federal or state law or regulation,except that if the period is less than 20 years, only one unit shall be credited as an identified adequate site for every three units rehabilitated pursuant to this section,and no credit shall be allowed for a unit required to remain affordable for less than 10 years. (iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements. (B) Units that are located in a multifamily rental housing complex of 16 or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit,are not acquired by eminent domain, and constitute a net increase in the community`s stock of housing affordable to low-and very low income households.For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur: (i) The unit is made available at a cost affordable to low-or very low income households. (ii) At the time the unit is identified for acquisition, the unit is not available at a cost affordable to low- or very low income households. (iii) At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households - 90 -5— Ch. 1062 (iv) The unit is in decent,safe,and sanitary condition at the time of occupancy. (v) .The acquisition price is not greater than 120 percent of the median price for housing units in the city or county. (vi) The unit has long-term affordability covenants and restrictions that require the unlit to be affordable to persons of low- or very low income for not less than 30 years. (C) Units that will be preserved at affordable housing costs to persons or families of low-or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur: (i) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to and reserved for occupancy by persons of the same or lower income group as the current occupants for a period of at least 40 years. (ii) The unit is taultifamily rental housing that receives governmental assistance under any of the following state and federal programs: Section 221(d)(3)of the National Housing Act(12 U.S.C. Sec. 17151(d)(3)and (5)); Section 236 of the National Housing Act(12 U.S.C. Sec. 1715z-1); Section 202 of the Housing Act of 1959(12 U.S.C. Sec. 1701q);for rent supplement assistance under Section. 101 of the Housing and Urban. Development Act of 1965, as amended(12 U.S.C. Sec. 1701s);under Section 515 of the Housing Act of 1949, as amended (42 U.S.C. Sec. 14$5); and any new construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs or any other program providing project-based assistance, under Section S of the United States Housing Act of 1937,as amended (42 U.S.C. Sec. 1437f); any state and local multifamily.revenue bond I rograms; local redevelopment programs; the federal Community Development Bloch Grant Program.;and other local housing assistance programs or units that were used to qualify for a density bonus pursuant to Section 65916. (iii) The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected,to change from housing affordable to low-and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment,or expiration of restrictions on use. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. _ 90 Ch. 1062 —6— (3) --6(3) This subdivision does notapply to any,city or county that,during the current or immediately prior planning period,as defined by Section 65588,has not met any.of its share of the regional,need for,affordable housing, as defined in.Section 65584; for low- and very low income households.A city or county shall document for any such Housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied. (4) For purposes of this subdivision, "committed assistance"means that the city or county enters into a legally enforceable agreement during the first two years of the housing element planning period that obligates sufficient available funds to provide the assistance necessary to:make the identified ,nits affordable and that requires that the, units be made available for occupancy within two years of the execution of the agreement. "Committed assistance" does not include tenant-based rental.assistance. (5) For purposes of this subdivision, "net increase" includes only housing units provided committed assistance.pursuant to subparagraph (A)or(B)of paragraph(2)in the current planning period,as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period. (6) For purposes of this subdivision, "the time the unit is identified" means the earliest time when any city or county agent, acting on behalf of a public entity,has proposed in writing or has proposed orally or in writing to the property owner,that the unit be considered for substantial rehabilitation, acquisition,or preservation. (7) On July 1 of the third year of the planning period.,as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph(A),(B),or(C)of paragraph(2) shall report in writing to the legislative body, and to the department within 30 days ofmaking its report to the legislative body,on its progress in providing units pursuant to this subdivision.The report shall,identify the specific units for which committed assistance has been provided or which have. been made available to low- and very low income households, and it shalll adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period,the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph(A), (B), or (C) of paragraph (2),the city or county shall, not later than July 1 of the fourth year of the planning period ado-ot an amended housing element in accordance with Section. 65585,identifying additional adequate sites pursuant to paragraph(1)of subdivision(c)of section 65583 sufficient to accommodate the number 90 T-- Ch. 1062 of units.for which committed assistance was not.provided. If a.city or countyT does not amend its housing element to identify adequate sites to address any shortfall,,or fails to complete the rehabilitation,acquisition, purchase of affordability.covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited. from identifying units pursuant to subparagraph(A), (B), or(C) of paragraph(2) in the housing element that it adopts for the next planning period,as defined in Section 65588, above the number of units actually provided or preserved due to committedassistance. SEC. 2. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) Any.local agency may,by ordinance,provide for the creation of second units in single-family and multifamily residential zones. The ordinance may do any of the following: (<A) Designate areas with.the,}urisdiction of the local agency where second nits may be permitted.The designation of areas may be based on criteria,that may include,but are.not limited to,the adequacy ofwater and sewer services and the impact of second units on traffic flow. (B) Impose standards on second units that include,but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit,and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located,and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) The ordinance shall not be considered in the application of any local ordinance,policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1,2003,for a permit pursuant to this subdivision,the application shall be considered ministerially sterially without discretionary review or a hearing, notwithstanding Section 659.01 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units.A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001•-02 Regular Session of the Legislature,.including the costs of adopting or amending any ordinance that provides for the creation of second units. _ e� — (b) (1) When a local agency which has not adopted art ordixsance governing second units in accordance with subdivision(a)or(c)receives 90 Ch. 1062 —8— its .-g-mits first application on or after July 1, 1983,fora permit pursuit to this subdivision,the local agency shall accept the application and approve or disapprove the application ministerially without discretic nary review pursuant to thissubdivision unless it adopts an ordinance in accordance with subdivision (a) 'or (c) within 120 days after-receiving the application. Notwithstanding Section 6501 ,or �59U6, every local agency shall grant a variance or special use permit for the creation of a second unit if the second unit complies with.all of the'followmi g: (A) The unit is not intended for sale and may be rented.. (l3) The lot is zoned for.single-fainfly 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 area of the existing dwelling or.detached from the existing dwelling and located on the same lot as the existing du=ellir�g. . ) .The increased floor..area of an attached second.unit shall not exceed 30 percent of the existing 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 in the zone in which the property is located.. (K) Local building code requirements which apply to detached dwellings, as appropriate. (I) Approval by the local health officer where a private sewage disposal sl stems is being used, if required.. (2) No other local ordinance,policy,or regulation shall be the basis for the denial of a building penTiit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on.lots zoned for residential use which contain an existing single-family dwelling. No additional standards, ether 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 issued pursuant 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 be required to implement.this sulodivision.. Any local agency may amend its zoning ordinance or general plan to incorporate the policies,procedures,or other provisions ppicbl ,tor,the- creation of second units futliese prc�vns are_ consistent with the limitations of this subdivision. q 90 -9— Ch. 1062 (5) A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential 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 program to limit residential growth. (c) No local agency shall adopt an ordinance which totally precludes second units within single-family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. (d) A local agency may,establish minimum and maximum unit size requirements for both attached and detached second units.No minimum or maximum size for a second unit, orsize based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. (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 parking regiirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings, Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions,or that it is not permitted anywhere else in the jurisdiction. (#) 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 the creation of second units. (h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following t`rms mean: �o Exhibit IIBII: Analysis of the new state housing lap'i's, AB 1866 and AB 2293, prepared by the Office of f✓ounty Counsel _ Pt Y + .cif theatrty. aun ty. 5. Pntre , 9thlc� r ,. .. :; Phone X925}'� 5-130t It arlrne , CAn5 � Fax 4: {s }�. ( Y 6-97E 44 Date:- To: Dennis .Barry, AIC-, Community Devr6lopment Dizector . Ain �'at�.cic R.�obe,�.dv�i.ce l'�.a�iivn��Divisio�z . From. vaub B' rchex;County Co>f sisal - By Thoin � C3r',I)e '*:C6 Re: SAI r I T_EW OUSPr G�i'�'' �G� GSEC{)1`�D�TS, , . �+ �rry� y ^�'•�'�w�g �t yy�gry ,�{ IAN A i`� �•('.�.}�+'"� ,�^w. ��s 7�p���w ���i"Ss.7t•.L'.t13TP�l.`• ..L13:t1 }yp #• •{1^ e�MLS {�a+y�"��:i,.l�'`. ."'1.f. .�,- 4�K.i\Y S1.V.V �iY .i,n� ..'\.1..�3 ... .,C'3.,7 .Lt1.Y.A:#.7.d,+1.]L. :#? :;A.t} y 'Y:3J6e7dt ER v Th7s respcinds to your x q„est r an ar�lysis o A, blyBills 1866 � 2 92.{2��?), =hich'ar�� dad se rer sc ctz .ons-of theTI d Zo n L ,p tau to second fw,residential densities, and holzsing elements. e new e:drill znit UW,(A B 1866) applies t6 second unit appli&g0d' r received on or mer. y I}.2003 tln.de-r tlae rid* da vj the Coubty. ;�contniue-p limit secciud ur�zts to. m n - : total floor sof 1 t£I0squa e 66i biay cotitinue to require��� lot:�i���n�reg dentia d strict for a.sec,on, in pplrcation, ai�cl ma :ct�rtti ue to a bxt second wits an lets c led foga icult i use, even f hey are.prsma lyresxo utzal nature. Ho�%ever,=effective 3uly�. 200”, second ,:rut applications useonsidered;u�sstenally. Accordingly,theOrdinLoe Code,thould be amended to : elm:nate the .and bse putt requxreme4.t for�second units, eliminatethe p i visions authorizzic�g va lances for-second units, anal-add spe,' ific standa'ds"for second .its inn plahra-ed unit districts. The new depsity can la u A B.I S66)requires the County to:grant a density bonus.or ch z eia v�s to i v is p�rs �`Effird.616-condt�t iutxis To-&imply ith fhe Iqw;the County"s densitybonus: rdin r� e.should:clefzn "condo ium pro.e?'dad provide that the affordable sales price cf conao i ts.fox at erste aiicome households i�iustSo eicee .apace affordable to ho7zsel►dlds whose carries,at:.or�belew 12 percent ufrea median.income, `I"he-new-h6usipg�elcznent law,(A- -229 .) aUoW: s the.red.uct on bfthe residential density of any parcel only 1 er:I ted circ Lances. Anytimethe Caunty.fedt des the,density on aparcel, the Cousity must make written fi dings, howing either that;the housing element continues to identify°enough sites to accc�mddate the Cd�ari �'s s-Iia.re C3 tie regiona 'housngeed or that reduced density pili not resin:in a net 10.ss ofresidential unit capacity. t , - 'at£'ick R— Ch arp �4,20,03 r ,-`... � S � x :t -- IS6;I 8 fON AsS=hlyl3ill Asseh�b Bill I8 i6 ae de .three seotsons ofthe ivrsg t t�nmg"Law. The bill amendedsections 65583 1.(aousi g-.&lei ents),.66852 2 (soo6d=*t g lat-ions), and 65915 (density bonuses). A. R) Ele t Id—'s- t Sites - Ilnder roc on 655 3, }ae ocismg tle ne t;of a,g neral la ust den#A sites for h6u , nelu g refit hou ing, �o V�Iaausm ;aid. bbdhr��es.r'thee e rar meat c� IIousis g and Cor mun- q l)6vd opmeni e7,41ites aero ore :PF, tto 1a7 ( ba583.. ) ic7alutzng apropdsed or adopt houa�ng elerctgti e Z3e �t ofuiug and .anTxaity Developxient nay allow :county e>;crty to�dnt7 dequat :sites farosing b variety of eihods. . ,B 1.866 end.od secti6n;6 5 3:1 to a i nze tae Dqpirtmqiiibf Housing d Conelapen t allows county dr:ctycieny �tes for secondntt based on several a:tors. Mese e fa%ct ncl de the.uu ber of units developed�n the poor ht�,�fg element:planning p rigid,xhe need fr�r..seccndis n the=co nrr nmty 'the resoaroe cr i� centivis.Zva lable.for their-- development,.ana.other relevant:factM, B. cond:CnitRegulatios S tatlltbi tf 11I SI8 ectioa . 852, idffi6�e§16c al agehcie�to:�rmy de for the'creation of second units in smi le- ��F and miltif�y-residential,zones. If.a Iooal agency has a second un t.ardina�ce,the �ordjnanoemay-imposertgg dar ton wgnd,un is regar:cl�gV hexgpt, setback;�ot:co�Ter�ge, arch ten •res ew, andar alum.sire o a•recon ..unit. 66 2 a(1)(B},) Tf` ocal agency does not has=e a serod�anit.o�dinaice, section8 .2 establashest clds for scos units. Ur�dez one oftl ere dards the total ares afflciorspaoe �r a etached second nit must:not exceed 7;20�J square feet (� 65g52.2:(b�.(1)(F�.) 'These prgy sio J.s were:not gffFectedbyAR 1,866. :Before it was smen.ded sectio.658 2.2.authori ed discretionary approvals of secondu it applications by a110 g lo-19 agencies to require:conditional rise v.er mats for second units. (FF o,-,m C�r 65852.2 (a)(4).) A.second unit applioati.on-=as thus.subj ect to a pu'olic hearing uud=the former Marsh 1.4,.2003 -: 1856 e�ided se(-�6 65852:x,to.i6qu re that secondim.pe= appl�c�t7oi� xecezved on or to July 2DD ; e approved. stOi�_41 .2 U Wcisions--- sec�zzd ui�t perms nest he:muaista al whether or not a Isocal egency has a�eccrncl oust ordinance. Amended section 6 .852.2 specifics Iy pre .s e mat a ss boiid.uiizt.applibadon' ust nod be subject to discretionary review or a. hesg % Elie zeriZ�.�t to sesv s n 65 52 2{ } }$uthc ri e :a localagencyt6 us e a fee to, recover zfs cif wend ,any,ard3nce that prs3des fir the:creation osswcond marts x`1866 iso amended sectio'n 65852 2 to allow second tint or ces fio s*andards pan ect rid soots fiat prevent asiverse.�mpac on any rest proper�rthat�lti�ted�the C £o%R g e o �.stnrie.Places ( 6 852 2( (1)(B AdcL oro, 38 18661ds36d]a�a uage cl 19 thit§ ction, except tint local go ern is not requ d is ht�ld public hcari gs zor do al development pewit applicat ons'iar ccs d z is ( 5852.20-) _ +plientation Issues Land Ilse Pert R uirei ent Cc�n icts With Now Law and Should Be Chagged Be ni- tui ing,to your quest o e note that C iriinauce Code article 82-24 I O*6% to c et with tier gu r enEs c tae a r m ed s ctiou 6 5 .. t r. i once Cdde Acle 82w24.10 r qi res � se pei t. c� a,second'iirut the iss zarfce of a iftrAuse(sjonditiorral Esse. p sit is discretion y:beca aft 1ic agenoy exercises judgment.Or deliberation When it de"des wheth rto issue aeenslzt�onal e pmt (T're piss Czty �Som*,Pasadena (1.993) I5 Cal App t :85y 9.0.) - u rw __� _._.. Th e ew-16, ,eXp`hcitly statesthat albs&Gond unit pmnit-4pplieations=are.to be decided ministerially spite the Prov siom of section 6c90?(a) authorizing towel agencies to issue cortditional use permits. because a<I uond sit pernia_t applIi6dions.are to be'd,-cided mihii teria14,tie nevi law does not allow miiniste�ia decision involves only he uxse of f xed.st ndards or objective m asure eats,and a public ific�al c c t use persoaial,m4bje—t-v j d t deci v ether:e�r17n 7 f project should be died azar -(See,e-g CE nes, 1 3 6 :Amendpd.-,section 64852.2 d states:�ffiat second unit.spplicattnns st.be cc id d mist. all MptWi+IIs+_Vjdiqg eciion 6S (71 ear � .�5 or au}*:lt�ca ordinano re i n;the issuance:nfVariances r st�eciajusW hermits." Section 65901 proNides-that the hoard of zoning adjust hent or zoning administrator hears and decides applications forDcaditional uses or other permits and for variances from tb_e t=of the zon n.g.ordinance. A aprp icejonfor a variance snag k decided withmt.a,public hearing. CF 65901(a),) .Section 6590E provides that a z_ __...:7.a.....,..trW s+n:aw tiw❑4 t�sa a�iv�of r*a a.nt t�inr+.^+ant rvnra nf^i•hz+o� of n�'ry _4 nI—4,41c.nun R64'6, t. March 14� s the. u to ss aec ch-ona.lJand e pt t or second u fs,.Qrdinance Code article 82-24..10 s Z uld e a end vd o a e a hand_use,e t rec u ainent fi r second mist.. Qidsn zce Q�de I'r en lo~ n the Zoning dministrator, to TM ose 7isctiianary tarzdrdn econdUntsho:ld Chaxied. We dote�e t iat>Qrdsna ca Qoc3e se os� 2 24 Q 2 6 apTears.to conffkt with the arnendeaseSfia SBS t C�rdinaawe Qde st7�ou 2 1t6 .Provcies that fog second:units in p a ed tut"mac*s, tv e'e no fs ed are specified,the o--ag ad�n mss, ator is anthdrized to e tabl sh easo ble stancia ds os oor area,yttr ,b�dn e gilt,dsstancebetween`buildissgs. and lot covege ante ode,cha ter -66, r�ch,governs Tanned unit dints does not specs faxed sLEL c c fir�eC04R is �a ed ,:. ' ,k �t clxstcts teonYngdmusistratr's dxscretrdn in esabssug stdars forcrd tests planed td, bo wt#hfe neer. awr..Tie Qrc mance Qode should be aaended to.establish ed staards for.sectind unitsnt]snsidunit ;c. second UTm. udmusn Floor ace Provisions Deed-Not he Changed . u ac ed v�hetber Se Qdi ty's second unit tsrdihmee'should be amended to.:establish a Ma=UM tot ,floor area cif l u re feet for second units t rd�? uca Qode section 2�2 .1 cne�asly ps vides that ta&total f c�or as ca second unit�.a.y not exceed:;(}fit?square feet., The 1 ?0 sqi ark flat ares specified secnn 45852.2prhs'only t entitiesAha .daa nothave second unit CtJ as dsna ces ectso 8 a 1 utbcr es entitles�vx crainmees 't6:§'et std�d� ds for.maximu ;seco�sd rust ssessed an the yu' ioratsor�the auitv'.s second triit. rdinance daes nted.to be aende tt�inreasee niasimum toti-floor Brea far sec�srd units to i;20{}si�sare feet. - evc knit I�sniimitiz ero�Yisions Need?ri�thaned You also as�e�whether e 0i e Qo�.e a -cohfi ue to requzre -minimum lot size in a resides�tsal dis sot 1. fdr a econ:d unit apphcat dn. Qrdinance bode.se;tion 82- 4.i 002 provides that a , Tai not prr� �c xi in t7r sience "o EL c ipt `5b Apia vrth second imit�is S=tion 84- -402i( sectaon;sr a es that zms� nal la ed�d st ct,tax se oz�d t su asst coaursly.with the provisions of OTdinatace;Cc�de chsptei.92-24,Which,as-previo�a v.stated,aufthorizes�iw�o�in�lir3misiis�ator to esablish"masonable.stazdarc�".dorsapondunits :plarintd it.�tricts. in addition,ali ou-h the latest ubr shed versioii of C}s l>Hance. orlt sec on"94;-66,402(3fzrs Tc t -din=iLe-Code WhVicr'8€24,Ordinance No.8% 67 corre:tt refersto-chapte�'82-2�i. We.havwzdirisedthe Clq=k.cftheBbard ofthis errorso}.hstshemaysict °tht pub;ish�••of'*,he�ordi�ceCod.e. . . : - ordiname,Code sectinn.62-24.]nOs":provzdes,an the alternative,that t:ae inaximum Int cavem"'p of 'atrzcl Roche ...: MaI'ch l4, second unit mut rnt lot sire sta da=ds that are-established sf .the applcahl� ozung disict, Sectian 6 52 ) 1 ( o es entitiees to set st ndarcls for lot co prage. Accordi g?y, theCrdao:w 0. -conto require a minimum lof size for a:second ufit application in a residential dis ri.ct: ( r ceCode)r6Ni§ ohs Au66riiin�,a 'ubhc ar�n cid Second U:a moans hoI '� . fou asked h therth :nattce'proc lures in:, co=,:kls scc ndunit arc once hauldbe revised, dab.b:i7 ke asked whether the.iib lavw allows local agencies to .atice'.:iiearby proper es. ,d co priity groups after ii mini terial decigio4.has been made. T- h6'Cc�u i y s Secoxid unit ord�an�e Curr tly requ�re�a public hpa��g fir a i ecoucl ur_it application in accordance with Ordinance,Code chapter - ;( rd Code, �,-�4. :QB.� Because the n&v,.katui� h bits''bli hear .gs:for second z:nit applications,Ordinat U Cade section $2- 24:60 should-be re vised toelute the public,maring requirement., This v ould be:accomplished i C rdin ce Code is e g2- .3 is revved tc elim rate tie:laud usv Terms, .6ht- Thenview lavr does not.addxess whether local agencies raaynotice-neabyproi j—'"and cammu t groups aftwr a decision has been.made. The app dial of a second w2it is public record and es.�naabl the."Community 13evelapme t I epartme4 could send aurtesy notices to nei bore it '::' chooses to &o$`0' HovdCe ei,because there u6. ght afappeal a�' ministerial d' i�ri,ydi�shotiId considerw etb.er sending such a.nonce sety s the ?apartment's interests andwhetherthis ould con�ct.ddth thb lJe a era's cbc re din notice of u aerial decistori" It isspur derstauding :fat the Depa-`tmeut: enter .Iy`ddes Mo4Mail n0tiCe td the public after. a Mz11sste�al decTsic�. ,� sr ar ces f6r-5ec-6 d CTnits Are-Not1lo ed -Bob Drake also asked he her the County:could issue variance permits for second units, and wliether°this woad trigger the re��;zir6*nt that a public hear��be.held if reg ested. The Coma's sewed unit°ar t c currehtl as the Coni t to giant vas ice pei alts aci d =zoiiug- fact : revisions t you 3 app. to a.seoc unit iii trot f ?rci.-Code, 82 24.101 l ae"Zor. g :. Adan t`ator decides vanance bes i a6plicat€o , (Ord. Cade,y ZEA-2. 3 3 .} Th-e decision is made thcut ap l c can ig m ass px l l c eai ng i se es d g4rTa.a4 to r ee nc3e section 2.21 O4 and.26-2.2106. 'The is suince of a.variance is�di.scxetion.ary because a public agency.exercises judgment or deliberation when it-decides whether to issue a vanan.ce.. '(Prentiss, supra, 15 Cal.�.pp.4th at 90..) The ne-,,7 law expIjIcitl_y states that all second unit permit appli,cadons are to be decided rniniste iaLy is 1'atnck lc�o�he - March 14, 2D03 p a •ge Iaw doest of appear to allow the( c.o ty to issue any varnance pests.for second units. The Co�imty May�orit�nue to prohibzz Second Units .�A�c�zltura,I Zones You also asked w. eth er.l ots that ar e zoned hr::'gricultlzr I use but are primar y residential i. nature r iay apply fb,xi`6c6ad is ec on 65SS2 rrov des that any local agency may,by ar~ce,provide..-for the creatibn ofsecond units ii silik fa y aid i ltffamily residential zones. 1866,dzd nrsf charge this,prov sion o section t °tA cordingly,tie ozuity ay continue to prohibit second tnzts on lots coned for ag caltu al use even If t'r3ey.ale primarily residential in nat�zre. (C?r Code, `SZ �€I4} . .. l Statuto�r alysis ectic�n-65.915.rquzres county o�city to grant a densit)-.bonus or ether i7centives to developers of a tsrdable he u ing $ectioh 65915 requires counties.and cities to do tan osdiriance that species hog the lain �a 1�e zrnplerrierite . 0rdinan.ce-Code division �2L is the-Count;r's resiiientlal:densat4y bows ordinance.' Under se%on 659.15,when a�.applicaotpro�ose ahousing development rhere.?0 percent ofthe total units are fQr 1o�er iri.conie households, 1. percent ofthe total units are fc�r very, low ancome h i s ho ds,br-5.0, cent of the total units are for senor city zzens,.a�oimt or city must either grant a desatybt�nus and at Ieast carie specked concession or tncenfiive, or erode other incentives of e4u valent hnanci value The local ageIcy must proVide,these additional concessions or incenti ves unless.it makes Witten fndigs that the incentives teroncesso :are not necessazyLta make the ac�rdalle houssng feasible loll lower income rienstvbonus unitamust be #fardaIe fpr.at Ieast 30 years.. .A.:B 1866 did not affect theie provisions. A±� 1866'artnended section G597 5 tt3 require ancentilTes forprcposals for affordable condomurn zzn is Section 65915 po� des that VIrhen an applicant proposes a condonunita +proj ect where 0 percen=t ofthe total amts e fbr.:persons and:fa is oI noderate-incone; a county or cif must ether grant a detistybanus andt leapt one specified cones:sion:or incentive, or provide oth er incentives of egiuvaler t l a cin value.-All 7nocterate xncoin6 density bcinus bond riiti unit must be affordable for .t least.10 years.. efare section 65915 was amended a developer:couldsubmit a preliminary,proposal ft)r affordable housing before submitting any f'or al.entitlement requests. The county or ci�r had 90 days to notif�r the develop er ofthe procedures it must fallow-to.comply u7th the dersitcT bonus lav. The f }11 q(�L/ihre +,i.i.111b .SkV1.l. -Mmh 14, 2003 Pae7,1 f l under tho.amended sect bii 659I5, which we fi�iito effect January 1 " 0�3; onG an applicant submi=ts aproposal for specific=Dentives or concessl ns;the I©eat ag ucymust-grant the condessibn 6ritceritive rec uestec .by the:ap lxcant on es die geg y'ma es iv tte i f din khat the :incentive.is not required to, v de`foF ffert bre h m � stsf Qr that f'wauld have aa�adverse poet on pudic h ealth and.safety,the env ronment,or a h tone site ar b" The amended section providesthat the applicant mirytate judcelracegs¢ die cht7 or czfseo int.a. requested densYty bogus, acenfve, or coricessicn �fouins�thatsh 'Fei5a1 taf' regneted rierirty bona s, centive, or conces'sson violated section 6591 S,t3ie:cc urt may avTaFd the plicaut attorneys' fees:gid.casts. Th e amended section 65910 als*o pro�bzfsj county"cxtyroma pplying any develr�pent standard that wouldpeclude tl�e construction + a developniWnt that meets tf� itena' iftle"deristy bonts.law at the densities' o with the coricessions car u%ceptives pertfted bythe law :An apcat may submit aPro posal for waiving orreducin ,devvlo m,6lit stan%�ards for apropo5ed.developmefit: '.Ifs. coi*t fords that the rerztstil tont a waiueF o reduction of,development staclartls violates sDoti on 5,the court m=ay award the appl�.ca t attaM 6591, e ' fees a dicastAz s. 2. .plbrnentatib Isscies Dbnsity Bonus-Oidibah6e Shoulrl`Be Amended to 3 efine"CorldOMiriium. PF- You asked--whether your redline/strikeout versaon bf the..densttV bonus oFc sauce adequately reflects the chanties made to section 65915`by A B '86.6 Under amended section-55915:, developers deceive incentives for bulding cendc Minium unity that are afordable to in derate hou eholcls I owever;the s e%stnk50.0 t °ersian could be.read 6-tae r #hat i purpose o�the : ordin Free is to provide incentives for building moderate income units of aii�ape Th: 'red�cl5trikeout version should state that one pu.TpQse of the IF Orel ance is to provide..iiceiiti us Ort prod�zcticsn o moderate income condoniini=wits. The redline/stril�eoat version sho d also ef�n `:ca ido i b. : l�ensityBonusOrdin .eeShouldBe'Ahieuaedtolt.e uiie ttementof You also asked whether the provisions of new.sections:65915:(d)aid.{ shotildb- addressed in the Ordinance Cade. New.section 65915(d)requires the County to m=ake written fndm,-s F it does not giant requested concessions or incentd�es. 3e cause'Crdin.ance Code sectior 822-6.402 already refers to the written fuzdngrs required under sectdon 65915(b), it also should refer to the v-,itten -PaL ick Hoche March 14,2.003.. fl e findings requited under section 65915(4), with respect to ne sectlon.65195 f ,this s zbdivision is'the former C6 Wh oh:�s G=ently referenoe' zn Oidihmpe Cade section 822 6 4t. c._ lensi Bonus C}fdivace Should BeAnended to.Lrxzk. oidable Sales Pace of Condo iniriium'u its"to cc ine You also asked,whether the Copty has flex.i`bi�ify in.�de .::,thy-a5 br e 96e .Price l'or _ moderato,roto e h6useE61ds Ur nt c odw swctxon 40 the of ordableA es ce z r Toweroa e_ d ry la vi nct n e households to the;: e iecha coni ecc. y, �e Code section 922.2.406 provides th .t the affordable sales rice fed Tower n�cozsie hoes holds rnu not ,Xceed a price ord ble to households whose.=ome IS at or below 70 percent of area median moome, -Ordi an' beCode'__-section 822 2.406-furdierprovides Aha*tthe affordabte'§- esprrce forve Ion incosrte house folds must citeyceed a price affifd.616 to houscholcl 6 O S: .percent of area meEan income. For pu ►oses of consistency,the Ordinance Code should link=the affordable sales,pnce of condom ium uxiits to the area:m.edian income. O:d nanoe Code,,seot ori;822-2:406 ho.�ld,state thdt thea ordahl.e.sales price of condominium units fbr moderate inccsme housblds must .ot exceed..a pace affordable to ho aseholds v&ose inocime is at or belo,W120 Dereeiit,,o Area:me==Dme. :(S ee' Plealth and-Saf. Code,:§ 50093 [defining`�perrsons and fades of low or Moderate=.ome a persons- , d.fanai.Les:whose:inodn e,-does not:exceed 120 percent of area. ediau inccs�nel.}. IT. Assenibly Bill 2292 A L ensitr Reductions s _ ttutor alsis Ass einbl K112292"'effective j4p a. 12 003; added_section 65863 to the&' Lhjjzz d zoning Law:_It places lits on the ability of counties.and cities to reduce.residential densities once densities,arc established iii a housing-element. A.housing element,of.a county or city.general plan.must:identifyand,anal e ex sr.ng and projected housiig needs:andmake adequate provision for the xi.stim at�d 1 oJerited needs of all ecorionuc:segtn.ents of the-q aum � ,, 65583.E 1' a e # g andprojectedneeds Inst imIude the locality's stere c_ft ie M91"z �.ousm need.. (� 65583.) "�hh�e ofthe re�cirialhous g need is ,deter-mimed by the Departnent.ofHousiug and Community Development in consultation witl eacli council of.govesr e._-t. � 65.5.84.) A housing element must contain an inventory of land sritable for residential development, including vacant sites and sites having potential for mdevelopment, and an analysis oftile reia¢aonship of �atrtcl�Ro h Mar,ph 14,2003 .. zon� ae3 public facs tees an ��x��ces to���e saes:`(§:65583(4)'(3).) TheD4artment ofHc7iissng grid CDev6lopment reviews ahbuszng e�ei gent to'dete .e comppnee 7ith state��based :on densities spec : t the ousnig elesn,ent b � 3 I ) `° e the ndsned,:however;there is virtually no lit ctn the ability crflocal goveimne .ts to reduce the onsng on a site below dezisiiv d sigr�atecl by the locsl government na!ts,h+�usmg element":�Assem Com on 3unc�xaz3,Am] Sis�f A.B 2292 (2001w'-'2002 Reg.fuss:} pr 1 ,2 ?fl e .A houssng-e�em t:xs revieweds reuentdy as appropriate, acid revised as appropriate but not less%thanvr five years.. �§ 655 .} . 7n er section 65. 63, a d dby by-AB 22 2;a T tv or city may reduce the residential density of any parcel,to a 10*er den ty fi.- t use , . the l�ep'&tment of ous g aid C inmu t ' 1 evelpp ent t determ ge nUty-s,c�,mp ante nth tate as 6nIy k limited cgcumsta6Des,.-A county or city may reduce dens tY if the en km es Witten findin s e entity must finl i at the reduction onsisteut uth. Sae ner plan,me , the hqu�zrig eleruent he eri ifymust alsci and that e,-rema.ming sites .m1 e ofth regional usn geed detexed p�iruait tc seticn 64 The cs mustbe sppor�es3 by. ubstari�as wvid.ence. .Iti:tdie altemktii ; a county of t rty ay reduce reside tial density on a.parcel ifit idenfie ss sufficient additional,.id6cmate,and.M'ailable sites�dth an,equal or greater residential-density so+, there i,no net loss cif residential umt nslty f a cotz t f that a count; r c t r r 1$tes sect crn 5 6a,the couit 11 award attc�meys' fees and costato the plaintiff or pet ironer who pr oses the hous ni development In other,wards;if a tlevelt per prr�p sed a irr jest at paft velar r3eusst t mid tie o sty rwduded it, tho-�it-maldng t:he properndiug supprtsntbe redicoiz,thy,developer vroouldhav e a righta:sue and, zf uccessfiI,to have the Coi4u pay for all ofhrs.or her,attomeys' fees and court sts. The amrard oa Oto ieys'16Cs and costs rs-ir andatory, excep under extraordinaiy circum'stances where the court finds that awarding fess would not mere pu*pcises oftion'65863:i�r that the action wasivolous. The fees chase the date.expires.on3anuar 11 d B. Detisi-wheouctio��Tmlemeatat'ionIssues YOU armed for.gpdance in interpreting and implementing section 65863. Essentially,any, time the County reduces e derasit T on- Tarcel., e bounty must make wrftten dings.shoA7.i either haat the housing element continues to identify enough sites to accommodate the County's slime ofthe regional housing rises of that the reduce il.deisrty w11 not resjalt:in a net lass efieszdhual unit caps:i? r, This does not require.aay.additions or changes to the-Ordinanze Cade. This office is available to assist in the preparation of findin-gs,for particular projects to dote e whether the findings comply�,itt secton 55863. 'This office is also avail a'ble to meet with P trjck:Rpch Marc.'. 2003 7`717.... .i. _ e . e.... ... ,t dsuss,tzesd new lads and:tc�prepare revved sec� czt aidexs� s: . Or i ��: ��1�I.�3rs�y,: C;�?,C��sax .ia�ty i?euelopit3�arec�er Cathe�i Xu# ris,D uty tozri;; ,rii ter t)evekipmmit DiTeoto Aram Mat,Ca zr=t Phnni g,C DD Bob Dxkw,Clair;4P1mning,CDD Kara Doug as,�oaxsin9 CDD *..�:•ap03acm�u.•De,c7nF "w.housin&Lws.ns+� Exhibit "C"; Existing Residential Second Unit,Ordinance, Ch. 82-24 RESIDENTIAL SECOND UNITS 82-24.202-82-24.410 Chapter 82-24 (DI), Planned unit (P for residential uses,and the multiple-family residential.districts(M-6,M- RESIDE TIAL SECOND UNITS 9,M-12,M-17,and M-29).(turd. 87-67 § 3). Article 82-24.2 General Article 82-24.4 Sections: Definitions 82-24.202 Purpose. 82-24.204 Applicable districts. 82-24.402 Generally. Unless other%rise Article 82-24.4 Definitions specifically provided,or required by the context, Sections: the following terms have the following indicated 82-24.402 Generally. meanings in this chapter.(Ord. 87-67 § ). 82-24,404 Attached second unit. 82-24.406 Detached second unit. 82-24.404 Attached second Unit 82-24.408 Legal nonconforming second "Attached second unit" means a dwelling unit, unit. which is attached to the primary residence, by 82-24.410 Second unit. any means, including a common wall, roof or Article 82-24.6 Applications floor. (turd. 87-67 §.3). Sections: 82-24.602 Applications—Required. 82-24.406 Detached second unit. 82-24.604 Applications—Contents. "Detached second unit" means a dwelling mit 82-24.605 .Applications--Types of which is not attached to the primary residence second unit. by any means, including a comnon wall,roof or 82-24.508 Applications—Processing. floor. (turd. 87-67.§ 3). Article 82-24.10 Land Use Permits Sections: 82-24.408 Legal nonconforming second 82-24.1002 band use permits—Standards. unit. "Legal nonconforming second unit"means 82-24.1004 Unit tenancy. a second unit which presently constitutes a non- 82-24.1006 Parking. conforming second unit but which,at the time of 82-24.1008 Nonconforming units. its construction, did comply with the applicable 82-24.1010 Variances. zoning district regulations affecting that Article 82-24.12 other Requirements property. (Ord. 87-67 §3). Sections: 82-24.1202 Building pennits. 82-24.410 Second unit. "Seconal unit" 82-24.1204 Disclosure of deed means no more than one new additional restrictions. dwelling unit, attached or detached as an acces- _. 82.24,1205- Monitoring of permit activity, sort' building, located-onany-onelot or-parcel, which satisfies all of the following conditions: Article 82-24.2 (1) It provides complete, independent living General facilities for one or more persons residing together as a single household unit: 82-24.202 Purpose. The purpose of this (2) It consists of permanent provisions for chapter is to authorize second units and to living, sleeping, water and sanitation facilities, establish a procedure for reviewing and approv- eating, and separate food preparation facilities, mg theirdevelopment in order to ensure and including but not limited to a stove or hot plate, maintain healthy and safe residential living oven,refrigerator and sink. environments(turd. 87-57 § 3). (3) It remains clearly subordinate in size, appearance and location to the existing principal 82-24.204 Applicable districts. The provi- residence(Ord. 37-67 § 3), sions of this chapter are applicable to the single- family residential districts (R-6,R-7,R40,R-12, R-15, R.-20, R-40, R-65, and R-100), duplex 82.24.b02-82-24. 002ZONING (2) Addition of a separate unit to the existing primary residence; (3) Creation of a detached structure on the lot Article 82-24.6 or parcel in addition to the existing primary Applications residence.(Ord. 87-67 § 3). 82-24.602 Applications—.11equired.A sec- 82-24.608 Applications--Processing.All ap- ond unit proposed for approval shall require plications for second units shall be processed in submission of an application to the community accordance with the provisions of Chapter 26-2, development department.(Ord.87-67 § 3). except for Article 26-2.21.All such applications shall be expeditiously reviewed and shall receive 82-24,604 Applications-Contents.An ap- priority permit processing relative to other plication for a permit approving a second unit Community development department permit roust be made .in writing and contain the processing activities.(Crd.87.67.§ 3). following information: (1) Name(s) and address(es) of applicant(s), Article 2-24.10 property ov er(s), and all adjoining property Land Use Permits owners; (2) Address and assessor'sparcel number.for 82-24.1002 Land use permits — Standards. the property; The planning agency division hearing the matter, (3) Size, indicating dimensions and square either initially or on appeal, shall make the footage of the primary residence and the findings established in Article 26-2.20, along proposed second unit; xdth the following, before granting a land use (4) A legible scale drawing, showing: permit for a.second unit: (A) A nom arrow to indicate parcel (1) The second unit is intended for rent or orientation, lease or occupancy by one or more persons, (B) Lot dimensions and labels for all (2) The lot contains a net building site area property lines, of at least six thousand square feet. (C) Siting of the primary residence and the (3) The second unit may include one kitchen, proposed second unit, living room, and dining room, and no more than (l3) Floor plan configuration of the primary two bathrooms and two bedrooms. residence and the proposed second unit, (4) In single-family residential districts, the (13) All other existing improvements, total floor area of the second unit may not including driveways and parking areas, exceed one thousand square feet or cause the (F) Exterior design, including architectural maximum structural lot coverage to exceed forty features of the primary residence and the percent, whichever is less. proposed second unit; (5) In multiple-family residential districts, (S) Location of and distances to existing the total floor area of the second unit may not improvements on adjacent parcels; __ - --_ _exceed..one thousand square-feet--or cause -the (6) Location and description of water and maximum structural lot coverage to exceed sanitary services for bath the primary residence twenty-five percent in the M-6 through M-17 and the proposed second unit; districts, or thirty-five percent in the M-29 (7) Property owner's. consent to physical district, whichever is less. inspection of the premises; (6) In planned unit (P-I) districts, where no (8) A written legal description of the fixed standards are specified, the zoning property. (03rd. 87-67 §,3). administrator shall have the authority to estab- lish reasonable standards for floor_area, yards, 82-24.606 Applications — Types of second building height, distance between buildings, and unit. The application shall set forth the manner lot coverage. in which the second unit will be established, as (7) If a private sewage cisposal systern, follows: water system or both aree proposed to be used, it (1) Conversion of an attic,basement, garage must be approved by the health officer and meet or other portion of the existing primary resi- all applicable county regulations before a second deuce; unit may be established. (8) The second unit satisfies height, setback, expanded and the second unit meets all current lot size, lot width, lot depth and other zoning applicable zoning district standards. (Ord, 87-67 requirements generally applicable to residential § 3). construction in the pertinent zoning district, and all applicable fees and charges shall be paid. 82-24.1010 Variances. Variance permits to (9) The second unit is architecturally modify; compatible with overall neighborhood character (1) Pertinent applicable zoning district and the primary residence in terms of scale, provisions may be granted as allowed by and in colors, materials and design for trim,_windows, accordance with the involved district's roof, roof pitch and other exterior physical regulations. features. (2) Parking requirements may be granted in (10) The second unit shall have a separate en- accordance with Chapter 26-2. (Ords. 91-46 2, trance located on either building side or rear and 87-67§ 3). not visible from the street front area.. (11) The :second unit does not result in Article 82-24.12 excessive neighborhood noise,traffic,or parking Other Requirements problems. (12) The second unit does not overburden 82-24.1202 Building permits. A second unit public services,utilities or facilities. for which a permit has been issued under this (13) Development of the second unit does not chapter is subject to the requirements of Title 7. present a threat to public health, safety or (Ord. 87-67§3). welfare.(Ord. 87-67§ 3). 82-24.1204 Disclosure of deed restrictions. 82-24.1004 Unit tenancy. No more than. one Each permitee shall prepare a disclosure dwelling unit on a parcel of property occupied statement which shall be included in any future by a second unit shall be rented or leased to or offer or sale documents, which indicates the occupied by person(s) other than the property requirements associated with a second unit owner.Nothing in this section shall be construed permit. Such disclosure statement shall read as to prohibit one or both of the units remaining follows: vacant.(turd. 87-67§.3). "You arepurchasing a property with a permit for a residential second unit. This permit carries 82-24.1006 parking. The lot or parcel on with it certain conditions that must be met by the which a second unit is to be situated must owner of the property. The permit is available accommodate a minimum of three off-street from the current owner or from the Contra Costa parking spaces for use in connection with both County Community Development Department." the primary residence and the second unit. Off (Ord. 87-67§3). street parking shall be allowed in a driveway, consistent with the required finding set out in 82-24.1206 Monitoring of permit activity. --subsection (2)-of-this-section> Parking maybe In July-of each year the community development permitted in a tandem configuration only when department shall submit to the planning the zoning administrator finds all of the commission an annual report of second unit following: development activity and recommending, if (1) No other physically viable parking necessary, modifications to or limitations on options exist on the subject property; second unit development, The report shalt (2) Parking will not intrude into any of the include an assessment of the impacts of second required front or side yard setback areas; and unit development on traffic, parking, public (3) No more than two vehicles may be services, density and other related matters parked in tandem. (Ord. 87-67 § 3). considered appropriate for consideration by the department or the planning commission. (Ord. 82-24.1008 Nonconforming waits.Not with- 87-67 § 3). standing the provisions of Section 82-8.006, where the existing primary residence constitutes a legal nonconforming unit, a second unit may be constructed only if the nonconformity is not Exhibit `'D": Proposed Residential Second Unit Ordinance, new Ch, 82-24 OR DWANCE NO. 2003 DRAFT RESIDENTIAL SECOND LATS The Centra 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. SI.T.IY V AIt"Y. This"ordinance repeals existing Chapter 82-24 of the County Ordinance Code and replaces it with a new Chapter 82-24 in order to comply with Government Code section 65852.2,which governs residential second units. This ordinance authorizes second units, establishes location and development standards for second units,establishes a review and approval procedure for second units, and provides that all second unit permits must be considered ministerially without discretionary review or a public hearing. (Ord. Z003-, § 1.) SECTION H. Chapter 82-24 of the County Ordinance Code is repealed in its entirety and is replaced.by new Chapter 82-24,added by Section III of this ordinance. SECTION.M. Chapter 82-24 is added to the County Ordinance Code,to read: Chapter 82- 4 RESIDENTIAL SECOND UNITS 82-24.002 Purposes. The purposes of this chapter are to authorize second units; to establish a procedure for reviewing and approving their development to ensure and.maintain healthy and safe residential living environments, to establish location and development standards for second units;and to comply with Government Code section 65852.2, which requires local agencies to consider applications for second unit permits ministerially without discretionary review or a public hearing. (Ords. 2003- § 3, 87-67 §3.) 82-24.004 Definition. For purposes of this chapter, "second unit"has the meaning set forth in California Government Code section 65852.2. (Ord. 2003- § 3, 87-67 §3.) 82-24.006 Permitting Procedure. An application for a second unit permit that meets the location and development standards contained in this chapter and all applicable building standards in Title 7 shall be approved ministerially without discretionary review or public hearing. (Ord. 2003- § 3.) 82-24.008 Location. (a) One second unit may be located on any lot in a single-family residential district (R-6,R-7,R-- 10,R-12,R.-15, R-20,R-40, R-65, and R-100),planned unit district(P-1) for residential ORDINANCE NO. 2003 - DRAFT 1 uses, or a multiple-family residential district(M-6,M-9,M-12,M-17, and M-29). (b) No subdivision rights are authorized that would result in the second unit being located on a separate Iot. (Orris. 2003- § 3, 87-67 §3.) 82-.24.010 Applications. (a) An application for a second unit permit must be submitted to the Community Development Department prior to the submittal to the County of a building permit application. (b) An application for a second unit permit must be made in writing and contain the following information: (1) Name(s) and address(es) of applicant(s) and property owner(s). (2) .Address and assessor's parcel number for the lot. (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 and location of the primary residence and the proposed second unit, (D) Floor plan configuration of the primary residence and the proposed second unit. The configuration must include a description of whether the second unit will be a conversion of an attic,basement, garage or other portion of the existing primary residence; an addition of a separate unit to the existing primary residence; or the creation of a detached structure on the lot in addition to the existing primary residence. (E) All other existing improvements, including driveways and parking areas. (F) Exterior design of the primary residence and the proposed second unit. "Exterior design" includes architectural style and exterior features, such as trim., windows, and roof. ORDINANCE NO. 2003- DRAFT 2 5 A description ofthe building and roof of the rim residence and second ( ) . ... � primary unit,and a sample board of the colors of the primary residence and second unit. (6) Color photographs of the primary residence and surrounding properties taken from each of the property lines of the project site. (7) Location of and distances to existing improvements on adjacent parcels. -� (8) Location and description of water and sanitary services for both the primary residence and the proposed second unit. (9) Properly owner's consent to physical inspection of the premises. (10) A written legal description of the property. (Urds. 2003- § 3, 87-67 § 3). 82-24.012.Development Standards. A second unit permit will be issued only if it complies with the following development standards: (a) 'Yards and Building Height. (1) In single-family and multi-family residential districts, second units must comply with requirements relating to yards (front setbacks, side, and rear) and building height that are generally applicable to residential construction in the zone in which the property is located. (2) In P-1 planned unit districts where an approved final development plan specifies requirements relating to yards (front setbacks, side, and rear) and building height, second units must comply with the requirements specified in the plan.. In P-1 planned unit districts where an approved final development plan does not specify requirements relating to yards and building height, second units must comply with requirements relating to yards and building height that are generally applicable to residential construction in the R-6 zone. (b) Lot Size. The minimum size of a lot with a primary residence and a second unit is 6,000 square feet. Applications for a second unit permit are exempt from the requirements of Ordinance Code section 82-10.002(c). (c) Unit Size. The total floor area of the second unit must not exceed 1,000 square feet. ORDINANCE NO. 2003 - DRAFT (d) Lot Coverage, (1 In single-family residential districts,the second unit must not cause the maximum structural lot-coverage to exceed 40 percent. In multiple-family residential districts, the second unit must not 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. (2) In P-1 planned unit districts where an approved final development plan specifies maximum structural lot coverage,the second unit must not cause the maximum structural lot coverage to exceed the;specified percentage. In P-1 planned unit districts where an approved final development plan does not specify maximum structural lot coverage,`the second unit roust not cause the maximum structural lot coverage to exceed.40 percent. (e) Location. A second unit may be w=ithin,attached to, or detached from the existing main dwelling. (f) Living Provisions. A second unit must provide complete independent living facilities for one or more persons,including permanent provisions for living, sleeping, eating, cooking, and sanitation. The second unit may include one kitchen,living room., and dining room, and no more than two bathrooms and two bedrooms. (g) Entry. The second unit must have a separate entrance located on either building side or rear and not visible from the street front area. (h) Off-Street Parking. A lot containing a second unit must provide an additional off-street parking space to serve the second unit. The additional space may be in tandem, or the additional space may be in the existing driveway if the additional space is outside the existing setback or side yard. (i) Architectural Compatibility. The second unit must incorporate the same exterior design, building and roof materials, and colors as the primary dwelling unit. "Exterior design„ includes architectural style and exterior features, such as trim,windows, and roof. (j) Permanent Foundation; A permanent foundation is required for all second units. (k) Sewage and Water. If a private sewage disposal system,water system or both are proposed to be used, it must meet all applicable county regulations and be approved by the health officer before a second unit may be established. (Orris. 2003- § 3, 87-67 § 3). ORDINANCE NO. 2003 _ DRAFT 4 r X82-24.014 Occupancy. The owner of a parcel with a second unit shall occupy either the primary dwelling.unit or the second unit. (Ord. 2003- § 3, 87-67 §3;) 82-24.016 Deed Restrictions. Before obtaining a second unit permit,the applicant shall do the following: (a) Enter into an agreement of restrictions with.the County that refers to the deed under which the property was acquired by the applicant and provides the following: (1) The second unit shalll not.be sold separately. (2) The second unit is restricted to the maximum size allowed under Section 82-24,012. (3) The restrictions are binding upon any successor m ownership of the property and lack of compliance may result in legal action against the property owner. (b) Record the agreement with the County Recorder. (c) prepare a disclosure statement that shall be included in any future offer or sale documents. The statement shah read as follows: "You are purchasing a property with a permit for a second residential unit. This permit carries with it certain'restrictions that must be met by the owner of the property. You are prohibited-from selling the second unit,separately. The second unit is restricted to the maximum size allowed under County Ordinance Code Section 82-24.012. The Permit is mailable from the current owner or from the Contra Costa County Community Development Department-" (Ord. 2003- § 3, 87-67_§3.) 82-24.01.8 Nonconforming Units. Notwithstanding the provisions of Section 82-8.006, if the existing primary residence is a legal nonconforming unit, a second unit may be constnicted only if the nonconformity is not expanded and the second unit meets all current applicable zoning and building standards, (Ord. 2003- § 3, 87-67 §3.) 82-24.420:Fees. Fees for second unit permits will be in amounts established by the Board of Supervisors in the Community Development Department's fee schedule. Second units are subject to all new development fees, including but not limited to development impact fees,park fees, and assessment ORDINANCE NO. 2003 - DRAFT 5 district assessment allocations. (Ord. 2003- § 3,187-67§3.) SECTION V. Section 84-4.402.of the County Ordinance Code is amended to read: 844.402 Uses—Permitted. The following uses are allowed in ars R-6 district: (1) A detached,si4gle-family dwelling on each lot and the accessory structures and uses normally auxiliary to it: (2) Crop and tree farming, except raising or I{coping any animals other than ordinary household pets. (3) Publiclyowned.parks and playgrounds. (4) A residential care facilitty for the elderly, operated by a.person with all required state and local agency approvals or licenses, where not more than six_persons reside or receive care,not :including the licensee,or members of the licensee's family or persons employed as facility staff. (5) A family day.care,home where care protection and supervision of twelve or fewer children in the provider's own home are provided for periods of less than twenty-four hours per day,while the parents or guardians are away. (6) Aviaries. Aviaries shall not be over twelve feet high nor exceed rine square foot in area for each fifty square feet of net land area per lot,with a maximum size of 1,600 square feet. Unless otherwise pro-vided herein, aviaries shall be set back at least 25 feet frons.the front property line and any street line and at least 10 feet from any side or rear property line, and shad be maintained in a sanitary manner as determined by the county health department. (7) Residential second units complying with the provisions of Chapter 82-24. (Ards. 2003- § , 86-43 § 2, 78-83 § 1, 77-51; 2,68-25 § 2:prior code § 8142(a): Ords. 1269§ I, 1179 § 3, 1039, 1028, 382 § 4A). SECTION V. Section 84-4.404 of the County Ordinance Code is amended to.read: 84-4.404 Uses—Requiring Land Use Permit. The following uses may be allowed in an R-6 district on the issuance of a land use permit: (1) A home occupation. ORDNANCE NO. 2003 - DRAFT 6 (2) Hospitals, eleemosynary and philanthropic institutions, and convalescent homes, (3) Churches and religious institutions and parochial and private schools including nursery schools. (4) Community buildings,.clubs, and activities of a quasi-public, social,fraternal or recreational character, such as golf,tennis, and swimming clubs, and veterans' and fraternal organizations. (5) Greenhouses, over three hundred square feet. (6) More than one detached dwelling unit on a lot or parcel, if the density is not greater than the following: (A) R-6 district-- six thousand square feet per dwelling unit. (13) R-7 district seven thousand square feet per dwelling wait. (C) R.-10 district--ten thousand square feet per dwelling unit. (D) R.=-15 district--fifteen thousand square feet per dwelling unit. (E) R-20 district--twenty thousand square feet per dwelling unit. (F) R.-40 district-- forty thousand square feet per dwelling unit. (C) R-65 district-- sixty-five thousand square feet per dwelling unit. (K) R-100 district--one hundred thousand square feet per dwelling unit. (l) D-1 district--.no density=restriction. (T) E-1 district --no density restriction. (7) Commercial nurseries. A land use permit application shall include a site plan indicating planting and landscaping areas, existing and proposed structures, and plans and elevations to indicate architectural type. (8) Medical and dental offices and medical clinics. (9) Publicly owned buildings and structures except as provided in Division 82. ORDINANCE NO. 20 �' �03 - DRAB 1 (10) A family care home where care,protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day,while the parents or guardians are away. (11} Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices. (12) The installation of exterior lighting at a height of seven feet or more above the finished grade of the parcel except exterior light placed upon to single-family residence. (Ords. 2003- § , 87-67 § 4, 86-43,.83-70, 76-75 ,§ 1, 76-36.§ 2, 7 -51 § 3, 67-38, 1762, 1569§ 1, 1549•.prior coda § 8142(1:), Ords, 1405, 1.179 § 3, 382 § 4A). SECTION VI. Section 84-26.402 of the County Ordinance Code is amended to read: 84-.26.402 Uses—Permitted. The following uses are allowed in an.M-29 district: (1) A detached single family dwelling on each lot and the accessory structures normally auxiliary to it. (2) Duplex.. (3) Multiple family buildings,but not including motels or hotels. (4) Crop and tree farming,not-including retail nurseries or the raising or beeping of any awls other than ordinary household pets. (5) Faster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval(license)for the proposed operation,where not more than six minors reside on the premises with not more than two supervisory persons. (6) A family day care home where care,protection and supervision of twelve or fewer children in tlry prQ-N ider's_o n home and provided for periods ofless that.twenty-fo-�hours per day, while the parents or guardians are away. (7) A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses, where not more than six persons reside or members of the licensee's family or persons employed as facility staff. (8) Residential second units complying with the provisions of Chapter 82-24. (Orris. 2003- § , ORDNANCE NO. 2003 - DRAFT 8 86-43 § 6, 78-83 § 3, 78-40 § 1, 72-44 § 2,68-25 2, 1761,, 1569:prior code § 8151(a): Ori. 1224). SECTION VII. Section 84-26.404 of the County Ordinance Code is amended to read: 84-26.404 Uses--Requiring Land Use Permit. The following uses may be allowed in an M-29 district on the issuance of a land use permit: (1) A home occupation. (2) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and boarding homes. (3) Churches,religious institutions, and parochial and private schools, including nursery schools. (4) Community buildings, clubs, and activities of a quasi-public, social,fraternal,or recreational character, such as golf, tennis, and swimming clubs,veterans' and fraternal organizations not organized for monetary profit. (5) Greenhouses(aver three hundred square feet) and nurseries for the propagation of plants only and not including any retail sales of nursery products. (6) Medical and dental offices and clinics. (7) Publicly owned buildings and structures, except as provided.in Division 82. (8) Commercial radio and television receiving transmitting facilities but not including broadcasting studios or business offices. (9) A.family care home where care,protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day,while the pa euts.or_g arcl a s.are_away. _(Qrds. 2003-.§_, $7-67 5,.86-43 § 7, 78-40§ l.,72-44�.2, 1761, 1569:prior code § 8151(b): Card. 1224). SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. ORDE\TAN-CE NO. 2003 - DRA-FT 9 PASSED on _—- --- ,by the following vote: AYES: Nj OES: ABSENT: ABSTALti: ATTEST: JOILN SWEETEN, Clerk of the Board of Supervisors Beard Chair and County Administrator By [SEAL] Deputy TLG: H:'�1-003'Com:nanit3,Devefopment,2nd unit ord-PC drafl.wpd OR IN- ANCE NO. 2003 - DRAFT 10 Exhibit "Ell: 'Fable Comparison -- Existing v. proposed Residential Second Unit Ordinance N pq12 vs n00 Gn 0 ceD CD Lh cv m '� r+ C9CD Y rY' r tai. ..+ i fD t•5 � CD { P R `� C Q. cnl- rn c7 v 't3 Ln cc 00 r-L to a to ca w p o C0 ° mom 0 CD onsDO CT, co CD ce Do et CL CLtQ �. In, CD w � ' 14 A 00 00 � O '� C\ - rt G �, ►i rte... a• �''' � Fy. u. � � � 1�. C7 rh ry G C I �, Sv �% ��+. rte+ C h fit• � � ear FOR v ro om FOR ap p �D oo , • � cl� a- ! rte, Ams ts Ep c i p rA t G cc th 0. 15. � C'Z ° d ° � ' � � � C.7"�G#' �, �s �•.N Cis !6 �• tYC') m om + Ln L/1 f cs 5' �. 5- ' r. t4-UQ p, a tmt 14 -+ tea �' `-� ' p ►+� CLcc p }m ? . co CD P p' 05� r S� ren et Lh cru e" ul 0 C C �, m ca ° , � � ss• st--CD rl . o 0 Cc, r+ c+ t 0 C-4 tl� lir C. C"unq --kC "� tD cia C� 0 "i C, n 0 G� tiro *C3 CC � cn i 5— v: f CD CSD C�7 C, W' o CD n �-s � .'-.' ti' r.t � h•e �Gyi. do CG p C7LtC� C; N CD con Pl n ra , carCD d FL CD no O � a C9 CG y„ C5. Njy C FCCDin . ' `` O ffq r c fi7 N CD ice, yam" O UP Cis O CD W CG CCL O CCU 'rw G tt t� R , P3 -d i • d ta th - c o xri t'D 4 k n C� est En �' C 4 r� t�^� :�` �'' rv�' r�•'�- � �j, C*�i 'moi-' � � ''�"`�` -5 c i' ri m t9 - t'- t Exhibit "F": Small Lot Review Process .' ,..zr�.,:«3. .'�,s,. •c:< 'S...w_'.'"n.=rak-...n;M:v.4e.,. ._ c r 5..:.s rte....,. REVEEW LOT 77 7 APPLICANT tJVMER. t4ddr s . Add= tY,State City,Mate Phone ;Zip Phon� Zip Saghir signature 1VYATURE.t'J►k:EQU T .Briefly, explain your request Give reasons why this is compatible with adjacent/o roundi _developmen � T IVF[1S °B l✓ 31 TTED FC}R.T19E REQ W? A plot,plan. must be prepared.which ih ludes the.property boundaries, the location of all site physical features creell s;trees; eto.) improvements once property tvith dimensions to the property lines and elevations and floor plans.of the Proposed biding permit request. You need to submit one legible copy of the plans 8 1/2" x 11" (ane additional larger play may also be subtted if appropriate). inn most.cases a photograph cif the subject site and the existing development on either side of the property will hello to wxp'dite your review: Also-you are required to submit.a sufficient number of standard.sized (approx. 4" x 9") stamped (not metered) envelopes(with no return address)for all prop e 'o�mers wit 300 ft. of the perimeter of your property(county stafffl assist yogi in deterrrnng the number seeded when you"submit your-request for review). We provide a service to create a list of the tames, addresses and assessor's parcel numbers for a fee of$30.00 plus$1.50 per parcel. A WO fee'must he submitted along with the request (if a public hearing is requested an additional $`W-gillbe required)- Site eg tired)-Site address Filing Fee $_150.00 S-code 036._ Assessor's'No. Notification Fee S-code 052B (Add=is x SI-50 ph s.$30.00) Zoning District Atlas Page "Total Census Tract G.P. Deadline to Request Hearing Sup, Dist. x-ref. files Date Filed Receipt No. Flood Zone Panel No. Received By � File two. x 8 1Tl t? ( rnali Lc�t () cu n dol�f Iess area or°width"tha�i required by Divisions 8 �d 84 may �e occupied by � �� � � d�ell�g d its'accessory bu gs :�1} the yard and setback r �eients :cif�zviscis4�azemet, "a , an been gated for yard and setback r6' uirements,: d{2) the lad xs deTuaeate o� a recorded subdivrsron map; cr at the tzme:cf the creation of i litridence I recrc3rte -any-ane since,die lot wasrisitnt n. dti and area with tl app ca. e zon g drs ct or the.Tit��"created.prz�r to-tbe application of zoning in its location. If a small dot quaere for ocoipancy` y smgT fail dwelling,then prior to_issuance of a building permit, the lctioir� size,. height abd;desrgr of,the :proposed dwelling may he reviewed and approved or conditionally approved the= onii , cdi inlstrator ager a„pu l c hearing order to provide relative compatibrTitywith rnuu ze impacts cin the surrou -di n neighborhood. 84.246 Lo.t,:average vcaEdth erAvera e w��{�.cif a lc�t”i s the total area-of the lot divided y the depth of the lct. 4.2 Lot depth., " pth of a lot"is the distance noma to the frontage to thu point lot farthest from the frontage. .42 Lot front ge. `frontage"t�f a Tot r the dist�oe measured between the two points on the principal road,street, or access that ate farthust`wart. ' GP WIDTH X01 MPTH ORD.REF. 82-4.246 ORD.RBF. 82-4.248 - .'1'ANGE'Ni S 7* tz E i 652 ( � J . AREA t � /O,480 SL7..F?:h -..�..�LJNE PZWPENDICULAR TO O W #ca 1 FRONTAGE ` 2 II �.5 t Ca tLLI&E"PARALLEL W/rN FRONTAGE. 17E�Pf5T POINT Of LDT LOT AREA DrVIDED BY LOT DEPTH EQUALS AVER G-E WSD714 LINE PARALELL WITH LTD+TE CONNEM-NG (EX.10.490 sq.ft.d:vidtd 5y 170 ft 61.65 fL ev,width) TANGM1'T POINTS Exhibit "G" Residential Second Units applications processed by Contra Costa County from April 2001 to April 2003 Residential Second Units (As brought before ZA 4/9/01-4/7!43 and regardless of action taken by ZA) LP96-2086 * V LPO1-2138 LPOO-2143 V LPO1-2141 LP01-2024 * LPO1-2146 LPO1-2425 LPO2-2441 V LP01-2433 * V LPO2-2443 LPO'1-2039 LPO2-2419 LPO1-2447 LPO2-2424 * LPO1-2057 LPO2-2436 LP01.2062 V LP02-2438 LP01-2464 V LPO2-2441 LPO1-2068 LPO2-2444 L,P01-2070 LPO2-2450 LPOI-2076 ' V LPO2-2053 * V LP41-2482 V LPO2-2057 * V LPO1-20385 * V LPO2-2066 LPOI-2086 LPO2-2475 LPO1-2092 LPO2-2080 V LPO1-2094 LPO2-2081 LP01-2499 LPO2-2087 LPO1-2100 ' V LPO2-2092 LPOI.-2118 * LPO2-2094 LPO1-2125 "V LPO2-2105 '" V (* denotes Small Lot) (V denotes Valiance) Residential Second Units=44 Residential Second Units with Variances 15 Residential Units on. Small Lots= 14 Residential Second Units on Small Lots with Variances = 8 CONTRA COSTA COUNTY COMMUNITY DEVELOP'M'ENT DEPARTMENT 551 Pine Street, N. Wing - 4th Floor Martinez, CA 94553 Telephone: 335-1290 Fax: 335-1299 Agenda Item #2 512012003 CAC County File #ZT 02-0007 TO: Members, Contra Costa County Planning Commission FROM: Dennis M. Barry, AICP, Community Development Director By: Patrick Roche, Advance Planning Division"--W"044-„ DATE: May 14, 2003 SUBJECT: Supplemental Information Items, New Residential Second Unit Ordinance Enclosed for the Commission's review and consideration are the following supplemental information Items related to the proposed Residential Second Unit Ordinance (County File: ZT#02-0007): • An opinion from the Office of County Counsel, dated May 14, 2003, on the question posed by the Commission on whether the County can charge an applicant for a residential unit permit the cast of providing notice of application to nearby property owners. • Written comments on the proposed Residential Second Unit Ordinance received from members of the Diablo Municipal Advisory Committee. enclosures(2 items) cc: Better Government ordinance file B:14d4Y're Plav4glrfwplWYAPmM IxiMkyGmamvMFJSP72N73.2x Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax:(925)646-1078 Date: May 14, 2003 To: County Planning Commission From: Silvano B.Marchesi, County Counsel By: Thomas L. Geiger,Deputy County Counsel Re: NOTICE COSTS FOR SECOND UNIT PERMIT APPLICATIONS ---------- SUM1VLARY This responds to the County Planning Commission's May 6, 2003 request for an opinion on whether the County can require applicants for second unit permits to pkv the cost of providing notice of the application to nearby property owners,either by mail or posting. The County has no legal authority to require applicants to pay noticing costs. As a general rule,the County may not charge fees to recover its costs unless those fees are authorized by statute. The second unit statute, Government Code section 65852.2,prohibits a public hearing on a second unit permit application. Because notice is required only when a public hearing is required,the County may not require applicants to pay any noticing costs when notice and a public hearing are not required by the second unit statute. DISCUSSION Courts have consistently held that a county or city may not charge fees to recover its costs unless those fees are authorized by statute. (County of Lassen v. State of California (1992) 4 Cal.AppAth 1151, 1157; Couniy ref San Luis Obispo v.Abalone Alliance(1986) 178 Cal.App3d 848, 859.) Notice is required when a public hearing is required. (Gov. Code, §§ 65090, 65091; Horn v. County of Ventura (1979)24 Cal3d 605, 612.) In some cases, notice of a hearing must occur by publication in a newspaper of general circulation or by posting if a newspaper of general circulation does not exist in the jurisdiction. (Gov. Code, §65090.) Matters for which notices are required by Government Code section 65090 are generally legislative in nature and are of general interest to the entire community. (2 Longtin, Calif.Land Use (2d ed. 1987) § 11.31[1];p, 1004) In land use matters involving specific projects,notice of a hearing must occur by mail to the property owner where a specific project is proposed and to all property owners within 300 feet of the property. (Gov. Code, §65091; 2 Longtin, supra, § 1131[2],p. 1005.) The purpose of notice is to provide landowners who may be affected by a land use decision a meaningful opportunity to protect their interests at a hearing. (Horn, supra, 24 Cal.3d 605 at 617- County Planning Commission May 14, 2003 Pa e 2 18.) However, if a hearing is not required, or, indeed,prohibited,notice is not required. (Id. at 614.) Government Code section 65852.2 does not require a public hearing. In fact,it explicitly prohibits a public hearing; "When a local agency receives its first application on or after July 1, 2003, for a [second unit] permit, ...the application shall be considered ministerially without discretionary review or a hearing... ." (Gov. Code, §65852.2(a)(3).) Because Government Code section 65852.2 prohibits a public hearing on a second unit permit application,notice is not required. Because Government Code section 65852.2 does not require notice and a public hearing,the statute does not authorize the County to charge fees for providing notice by mail or posting to nearby property owners of a pending second unit permit application. Government Code section 65852.2 authorizes fees for two purposes. It authorizes a local agency to charge a fee to reimburse it for costs that it incurs as a result of adopting or amending any ordinance that provides for the creation of second units. (Gov. Code, § 65852.2(a)(3).) It also authorizes local agencies to charge fees"for the construction of second.units." (Gov, Code, § 65852.2(f).) These include fees for the purpose of defraying all or a portion of the cast of public facilities related to the development project, fees for processing applications for governmental regulatory actions or approvals, fees collected unifier development agreements, or fees collected pursuant to agreements with redevelopment agencies. (See Gov. Code, § 66000(b).) Government Code section 65852.2 authorizes no other fees. A maxim of statutory construction provides that courts may not add to a statute to accomplish a purpose that does not appear on its face. (Guardianship of Ela E. (2000) 85 Cal.App.4th 998, 1001; Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 340.)If the County were to require that applicants pay the cost of providing notice of pending applications to nearby property owners, a court could strike down this requirement by applying this maxim. If it chooses, the County could provide notice of pending second unit applications by mail or posting. However,the County would be unable to recover its costs of providing.notice. If the County were to provide notice of pending second unit applications, all notices should clearly state that the public is not entitled to a hearing on the pending application. TLG: cc: Dennis M.Bary,AICP,Community Development Director Patrick Roche,Advance Planning Division H:\10031cnmma&y Lxly iupn=fand ua t.T r -tia, pd Lt31:L i:Y I Lt,ii l.L1Y I LIQ. l la L. ' i J1V CJL7 C3 •i.JJ I'1 CI!J UQ 9VeJ d„J 'J1 14U eVLJV i V.L ,Box' 35. :Diablo, CA,94528 May S,2003 Centre.Costa County Planning •Cemniission C/O Catherine Kutsweis Director of Planning Contra Costa,County 651 Pine Street Martinez, CA Fax,. (925)335-1222 ; Subject: Ncw Residential Second if ih Ordinance After reviewing the proposed draftgf the Proposed Residential Second Unit Ordinsnnec, we request.that the ibllowiag suggestions be ineori orated into the new ordinance. 82-24.010 Applications. ' ,4) -(F) av, A igk 't survey jhgll be required excerpt ltrt .erert ,srrbr�?virrrn rtn.�rear erguser .'Januart; 1. 19J,O,,fhote glad may• Ve store i to&W- ai maAaH,inglyak all lett rW-Qg=lin : L-vtin ,.riructur>esatoy kind or rosy ire ks flh&M&E and tg!O;h„errukc shown locutirm pair trees&9 are Duh ect r tha tragi rtrTinunce. and ; ll ht ofwa andJQaaS=l� •}alurerr that on or within 2f1 feet o1 the sub eci 82-24.012 Development Stap4aWp (a) Yards and Buitdt4g Height• add to section f l) JMgn kmi� cart unction #h or;w=heel(L)an in or newt t s tr_g.Egid rrctcesso bulTclirt A unit must coon&with all Orrent setbacks.and height limits crstahlished (y gri=n residences in the gA='r�i g xodW district. (c) Unit Size I'heldtAlfloot area Othe second unit roust not exceed 1.000 sq. fl. o�l�f�,irg,s}ra aria urz OO sa fl_oLgg &area, AJV ZJLIIY ELL.i't LC.iV i Gi4 I G.L. • 1-Jl U`04:;-Oqr ) VICI�j UO IUJ 1J +Ji iVU .UUU r (2) ecc nd T is w ll no -b6ermftted on lots s aUler than,& reaulre''ent�ofthe a' riate znnlU rifstrict. (3) Trand UnIft-Efg.b-a pamittod if the loo is sibstanrlurd(nl because o int crveru, e t +t wtd' lecr than t+ef{ittr d.j� ,I .that Lft- a th at the"roawd s�l� o-ad et it 16 —on meds the unncrlttte sotttn strt rt�uirerrrexrt if yOu have any questions regarding these additions and changes do not hesitate to call Don Koffman at 829.8491 or R .aft tt at 855-99,52. Thank you for your consideration; Maryann Cepa, Peggy Mandley RAy$rant, Don 14offrnan,Nancy Wander, and Jim Stone, (Diablo M.A.C. members)u' iabio residents Exhibit "D" CPC Public Hearing Notice and Mailing List NOTICE OF A PUB IC EARING You are hereby notified that on TUESDAY, MAY 6, 2003 at 7:00 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California, the County Planning Commission will consider a text amendment to the County Zoning Code Ordinance as described as follows: This is a County initiated proposal (County File # ZT 02-0007) to repeal existing Chapter 82-24 of the County Ordinance Code, relating Residential Second Units,and replace it by adopting a new Residential Second Unit Ordinance for Chapter 82-24 that would comply with the provisions of California Government Code Section 65852.2. As required under California Government Code Section 65852.2, the text amendment to Chapter 82-24 would eliminate discretionary review and public hearing for residential second units, in favor of ministerial approval or denial and establish minimum development standards and review procedures for residential second units in applicable residential zoning districts. For purposes of compliance with the provisions of the California Environmental Quality Act (CEQA), staff has determined that the proposed text amendment to the County Zoning Ordinance Code relating to Residential Second Units is covered by a CEQA Statutory Exemption 15282(i),which exempts the adoption of ordinances pertaining to residential second units in a single family or multi-family residential zoning districts in order to implement the previsions of California Government Code Section 65852.2. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or Patrick Roche at 925-335-1242. Dennis M. Barry, AICP Community Development Director lntjrestca Parties Proposed New Residential Second Unit Ordinance John Ruzek Pauline Angell Dennis G. Collins 756 Hilton Road 1411 Boulevard Way 2841 Kinney Drive Walnut Creek CA 94595-1317 Walnut Creek CA 94595 Walnut Creek CA 94595 Clint Shaw Robert Stevens Richard Fertell 1430 Boulevard Way 125 Kendall Road 81 Panoramic Way Walnut Creek CA 94595 Walnut Creek CA 94595 Walnut Creek CA 94595 Paul Borgwardt Mike Frederick Janice Costella 2656 W.Newell Ave. 71 Willow Ave. 133 Hilltop Crescent Walnut Creek CA 94595 Walnut Creek CA 94595 Walnut Creek CA 94597 Joyce Coleman Anne Bergland Phil Weismehl 781 Hilton Road 101 Hilltop Crescent 25 Hillcroft Walnut Creek 94595 Walnut Creek CA 94597 Walnut Creek CA 94597 Mary Dunne Rose 78 Grandview Place Walnut Creek CA 94595 CPC 5/61/03 SPEAKERS Celeste Wixom Ray Brant Don Hoffman 3268 Brookwood Drive Diablo MAC 1953 La Cadena Lafayette CA 94549 41 Palma Vista Diablo CA 94528 Diablo CA 94528 MUNICIPAL ADVISORY COMMITTEES 5/22/03 .Ken Nelson, Chair Gloria Magleby, Chair Alamo Improvement Association North Richmond Municipal Advisory Bay Paint MAC PO Box 271 Council 115 Mary's Ave. Alamo CA 94507 1525 5`h Street Bay Point, CA 94565 Richmond CA 94801 Marguerite Lawry John Hoyt Mary Ann Cella, Chair Bethel Island MAC Byron MAC DMAC PO Box 429 384 PO Box 35 Bethel Island CA 94511 By Boxron CA 994514 Diablo CA 94528 By Crary Hess,President El Sobrante MAC James Carman Town of Discovery Bay MAC Chair Kensington MAC 1037 Discovery Bay Blvd. 3769-B San Pablo Darn Road 118 Windsor Avenue Discovery Bay, CA 94514 El Sobrante CA 94803 Kensington CA 94708-1043 Seth Cockrell Ken Nelson,Acting Chair Knightsen Town Advisory Council Richmond Municipal Advisory Bette Wilgus, Chair PO Bax 170 Council Pacheco MAC Knightsen CA 94548 1625 5tPacheco P h Street Pacheco Blvd. North Richmond CA 94801 Pacheco CA 94553 Mark Hughes, Chair Rodeo MAC PO Box 438 Rodeo CA 94572 E' l, e} 2003 CLD OF SUPERVISORS KENSINGTON MUNICIPAL ADVISORY COUN ACOSTAGO. Reply to: 118 Windsor Ave. Kensington,CA 94708-1043 30 May 2003 Mr.. Mark DeSaulnier, Chair And all members of the board Contra Costa County Board of Supervisors c/o Clerk of the Board 651 Pine St. Room 106 Martinez, CA 94553 Re: Ordinance to replace Chapter 82-24 of the County Ordinance Code Dear Supervisors: I am writing at the request of the Kensington Municipal Advisory Council.First,we would like to complement the Community Development staff and particularly Mr. Patrick Roche for an excellent job of dealing with a difficult situation in a very short period of time. While the main purpose of this letter is to request a clarification on one point in the proposed new code, it is our opinion that the requirements set forth in the ordinance will meet the needs of this community—given that we are required to conform to the conditions of the new state law. I have discussed our matter of concern with Mr. Roche, and he suggested, given the shortness of time and your consideration of this measure on.Tune 3, I write you directly to see if this clarification could be included in the language adopted by the Board. The ambiguity of concern centers on two sections: Proposed New Section 82-24.012(h) [In more recent drafts,this may be subsection(g).] now says, "A lot containing a second unit must provide an additional off-street parking space to serve the second unit. . . ." Proposed New Section 82-24.018 speaking of nonconforming units says, . . . a second unit may be constructed only if the nonconformity is not expanded and the second unit meets all current applicable zoning and building standards." Note that Existing Code Section 84-4.1202 provides an exception for off-street parking: "except that there shall be at least one such space where the lot was legally created before September 9, 1971 ..."This language is repeated in the code for all single-family districts right through R-140. Now,what KMAC requests is a clarification of the language in the new ordinance so it is clear the exemption for lots subdivided before September 9, 1971 does not apply to second unit applications. This could be accomplished in at least two ways. One would be to add a sentence to new 82-24.012(h) [or(g)?] saying, "In single-family residential districts, there shall be a minimum total of three such off-street parking spaces." The second would be to add to 82-24.018 in the last line, ". . . all current applicable zoning and building standards including the current requirement that the primary residence in single- family districts have two off-street parking spaces." Given the parking problem in this and all communities within the county,I hope it will be possible to make this clarifying addition to the proposed new code section. We believe a change now is a better course than waiting for the review next year as recommended by the Planning Commission Thank you for your attention to this matter. Sincerely, James M. Carman Chairman cc. Date Rauch Patrick Roche