HomeMy WebLinkAboutMINUTES - 04012008 - D.3 TO: BOARD OF SUPERVISORS Contra
Costa
County
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR
Y �}SST
C(
DATE: APRIL 1, 2008
SUBJECT: HEARING ON THE RECOMMENDATION OF THE COUNTY PLANNING COMMISSION
REGARDING A PROPOSED AMENDMENT TO THE RESIDENTIAL SECOND UNIT
ORDINANCE (CHAPTER 82-24) THAT WOULD ALLOW FOR THE ESTABLISHMENT OF
LARGER SECOND UNITS ON PARCELS OF FIVE ACRES OR MORE WITHIN
AGRICULTURAL ZONING DISTRICTS. (COUNTY FILE #ZT070001)(ALL DISTRICTS)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. After accepting any public testimony, CLOSE the hearing.
B. ACCEPT the recommendation of the County Planning Commission as contained in
Resolution No. 9-2008.
CONTINUED ON ATTACHMENT: X YES SIGNATURE >;
COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ,
ACTION OF BOP ON / APPROVED AS RECOMMENDED ER
— o
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS (ABSENT 3]Z- ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Ruben Hernandez(925)335-1339 ATTESTED
JOHN CULL , CLERK OF THE BOARD OF
Orig: Community Development Department SUPERVIS S AND COUNTY ADMINISTRATOR
cc: County Counsel
Building Inspection Dept., Property Conservation Division
B , DEPUTY
March 18, 2008
Board of Supervisors
Ordinance Text Amendment to Allow Larger Second Units in Agricultural Districts
Page 2
C. FIND for purposes of compliance with the California Environmental Quality Act
(CEQA) that the proposed ordinance text amendment is a minor alteration in land use
limitations and qualifies as a Class 5 categorical exemption pursuant to Section
15305 of the CEQA Guidelines.
D. FIND that the proposed Ordinance 2008-09 is consistent with the overall goals and
objectives of the General Plan.
E. ADOPT Ordinance 2008-09 amending Chapter 82-24 to provide for the establishment
of larger second units on.parcels of 5-acres or more within agricultural zoning districts.
The ordinance would increase the maximum floor area for second units from 1,000
square feet to 1,200 square feet; and increase the maximum floor area for attached
accessory structures from 400 square feet to 800 square feet.
F. ADOPT the findings of the County Planning Commission as contained in Resolution 9-
2008 as the basis for the Board's decision.
G. DIRECT the Community Development Department to post a Notice of Exemption with
the County Clerk.
Il. FISCAL IMPACT
None.
III. BACKGROUND / REASONS FOR RECOMMENDATIONS
In June of 2003, to comply with the provisions of State Assembly Bill 1866 (Wright)
relating to the processing of residential second units, the Board of Supervisors adopted
a new residential second unit ordinance. The primary change in the law provided for
ministerial approval of second units as opposed to the discretionary process that had
been used.
In 2006, three years after adopting the revised second unit ordinance, the Community
Development Department returned to the County Planning Commission with a report
updating the Commission on the results of the new ordinance. The staff report also
included a County initiated proposal to amend the text of the Residential Second Unit
Ordinance to allow establishment of second units on properties in agricultural districts. At
the time, second units were restricted to properties located in single family residential
(R- ), multiple, family residential (M- ) and planned unit (P- ) zoning districts. The
Planning Commission recommended approval of the proposed zoning text amendment
and, on June 6, 2006, the Board adopted the text amendment allowing second units on
agriculturally zoned properties.
When the County amended the second unit ordinance in 2003 to comply with the
provisions of the State law, second units were restricted to 1,000 square feet of floor
area and could be attached to accessory structures with up to 400 square feet of floor
March 18, 2008
Board of Supervisors
Ordinance Text Amendment to Allow Larger Second Units in Agricultural Districts
Page 3
area, which could be used as garage space only. Although State law allowed units up to
1200 square feet, the 1000 square foot restriction which has been in place since 1987
was not changed.
After receiving inquiries from:agricultural property owners regarding the size restriction
for second units on agricultural properties, on August 14, 2007 the Board directed the
Community Development Department and County Counsel to prepare an amendment to
the Residential Second Unit Ordinance to increase the allowable size of second units on
parcels of five acres or more. in agricultural zoning districts.
If adopted, the proposed amendment to the residential second unit ordinance would
increase the maximum floor area to 1200 square feet for a second unit on a parcel of five
acres or more and located within an agricultural zoning district. If the unit is attached to
an accessory structure, the proposed ordinance would increase the maximum floor area
of the accessory structure to 800 square feet. Permitting larger second units on parcels
of five acres or more within agricultural zoning districts is appropriate given the larger
parcel sizes.
Although the proposed amendment will allow larger second units than in other zoning
districts, the required living provisions will remain the same. Under the current ordinance,
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 bedrooms and two bathrooms. These provisions for second units will
not change.
IV. COUNTY PLANNING COMMISSION HEARING
The County Planning Commission held a hearing on a proposed text amendment on
November 27, 2007. No members of the public provided testimony at the meeting. The
County Planning Commission voted unanimously to recommend that the Board of
Supervisors adopt the proposed text amendment.
At the hearing, staff recommended that the word "attached " be omitted from subsection
(c)(1)(B) of section 82-24.012 and the Planning Commission agreed. The word was
omitted in order to prevent possible misinterpretation by applicants as to what is an
attached or detached structure.
V. CONSEQUENCES OF NO ACTION OR NEGATIVE ACTION BY THE BOARD
If the Board were not to take action on this item, second units on parcels of five acres or
more within agricultural zoning districts would be limited to 1,000 square feet of total floor
area and 400 square feet of attached accessory structure, which is the same for second
units on properties within residential, multiple family and planned unit districts.
G:\Current Planning\curr-plan\Board\Board Orders\ZT070001 3_18_08 BO.doc
R��O 9 ZQpS
RESOLUTION NO. 9-2008
RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, RECOMMENDING ADOPTION OF AN
AMENDMENT TO THE RESIDENTIAL SECOND UNIT ORDINANCE TO ALLOW
LARGER SECOND UNITS ON PARCELS OF FIVE ACRES OR MORE WITHIN
AGRICULTURAL ZONING DISTRICTS. (County File #ZT070001)
WHEREAS, the Residential Second Unit Ordinance allows for the establishment of
second units on properties zoned single family residential, multiple family residential,
agricultural, and planned unit district; and that said ordinance restricts the living area of a
residential second unit to a maximum of 1000 square feet of floor area, and that second
units may be attached to accessory structures where the total floor area of the accessory
structure does not exceed 400 square feet, not including the second unit;
WHEREAS, in response to inquiries from the public, on August 17, 2007, the
Board of Supervisors directed the Community Development Department to initiate a
review of the Residential Second Unit Ordinance (Chapter 82-24) to consider allowing for
larger second units on properties zoned for agricultural uses;
WHEREAS, after reviewing the matter, the Community Development Department
determined that larger second units could reasonably be accommodated on some
agriculturally zoned properties and still allow for compatible use with surrounding areas,
and otherwise consistent with the General Plan, including open space policies; and
recommended that the Residential Second Unit Ordinance be amended to accommodate
larger second units on some agriculturally zoned lands;
WHEREAS, after notice was lawfully given, on Tuesday, November 27, 2007, the
County Planning Commission conducted a public hearing where all interested persons
were allowed to testify on this matter;
WHEREAS, the County Planning Commission, having fully considered all the
evidence and testimony offered on this matter;
NOW THEREFORE BE IT RESOLVED, that the County Planning Commission, of
the County of Contra Costa recommends to the Board of Supervisors ADOPTION of :
1. A finding that the proposed Ordinance Text Amendment is categorically
exempt from the provisions of the California Environmental Quality Act
under Class 5 (Minor alterations to land use limitations);
2.. The proposed amendment to the Residential Second Unit Ordinance to
allow larger second units on agricultural zoned properties that contain five or
more acres; and
3. A finding that the proposed amendment to the Residential Second Unit
Ordinance is consistent with the General Plan, including the Open Space
policies of the Plan.
The instructions by the County Planning Commission to prepare this resolution
were given by motion of the County Planning Commission on Tuesday, November 27,
2007, by the following vote-
AYES: Commissioners - Clark, Snyder, Terrell, Battaglia, Murray and
Wong
NOES: Commissioners - None
ABSENT: Commissioners - Gaddis
ABSTAIN: Commissioners - None
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.
Hyman Wong, Chair of the County
Planning Commission,
County of Contra Costa
State of California
ATTEST:
Cc
foDennis M. Barry, Secretary
County Planning Commission
County of Contra Costa
State of California
G:\Current I'lanning\curr-plan\Resolutions\LT07000I CPC Reso 9-200S.doc
2
�O . 09
Og�11�p'NC�
ORDINANCE NO. 2008-09
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 amends Section 82-24.012 of the County
Ordinance Code to allow a second unit of up to 1,200 square feet if the second unit is located on
a parcel of five acres.or more in an agricultural zoning district. This ordinance also amends
Section 82-24.012 to allow.a second unit to be attached to an accessory structure of up to 800
square feet if the accessory structure is located on a parcel of five acres or more in an agricultural
zoning district.
SECTION II. Section 82-24.012 of the County Ordinance Code is amended to read:
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).
ORDINANCE NO. 2008-09
1
(c) Second Unit Configuration.
(1) Second Unit Attached to an Existing Primary Residence. A second unit may be
attached to an existing primary residence only if the second unit is one of the
following:
(A) An internal conversion of a garage or other area within the existing
primary residence.
(B) An addition to the existing primary residence.
(2) Second Unit Attached to an Accessory Structure. A second unit may be attached
to an existing or newly constructed accessory structure only if the accessory
structure meets all of the following requirements:
(A) The remainder of the accessory structure is limited to garage space.
(B) 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.
(C) The total floor area of the accessory structure does not exceed the
following size:
(i) 400 square feet, not including the second unit, in any zoning
district where a second unit is allowed, except for an accessory
structure located on a parcel of five acres or more in an agricultural
district.
(ii) 800 square feet, not including the second unit, in an agricultural
district where the accessory structure is located on a parcel of five
acres or more.
(3) Detached Second Unit. A second unit may be detached from an existing primary
residence only:if the second unit is located on the same lot as the existing primary
residence.
(d) Second Unit Size. A second unit must not exceed the following size:
(1) 1,000 square feet, if the second unit is located in any zoning district where a
ORDINANCE NO. 2008-09
2
second unit is allowed, except for a second unit located on a parcel of five acres or
more in an agricultural district.
(2) 1,200 square feet, if the second unit is located on a parcel of five acres or more in
an agricultural district.
(e) 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.
(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. The exception under Ordinance Code section 84-4.1202
shall not apply to lots for which:a second unit permit is issued.
(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.
ORDINANCE NO. 2008-09
3
(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. Verification that the standard
has been met is required priorto final inspection. (Ords. 2008-09 § 2, 2003-17 § 3, 87-67
§ 3).
SECTION III. 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 � a0? , by the following vote:
AYES: G 61 a, a,Ile, �, A`elv14a V-o / ��elve
NOES:
ABSENT:
ABSTAIN:
ABSTAIN:
ATTEST: JOHN CULLEN,
Clerk of the Board of Supervisors Bo d Chair
and my Administrator
By: [SEAL]
D uty
TLG:
H:\2008\Community Development\2nd unit ord ag amend-final I.wpd
ORDINANCE NO. 2008-09
4
STAFF ��EPC)RT
County Planning Commission
November 27, 2007
Agenda Item #
Community Development Contra Costa County
COUNTY PLANNING COMMISSION
TUESDAY, NOVEMBER 27, 2007 7:00 P.M.
COUNTY INITIATED TEXT AMENDMENT TO MODIFY COUNTY CODE
CHAPTER 82-24 RELATING TO INCREASED SIZE LIMITATIONS FOR
SECOND UNITS IN AGRICULTURAL ZONING DISTRICTS
County File #ZT-07-0001
STAFF REPORT AND RECOMMENDATIONS
I. INTRODUCTION
AMENDMENT OF RESIDENTIAL SECOND UNIT ORDINANCE, COUNTY
FILE 4ZT07-0001: A;report on the proposal by the County to adopt a text
amendment to the development standard provisions of the County Residential
Second Unit Ordinance (Chapter 82-24) which would allow for the establishment
of larger second units on properties of 57acres or more within agricultural zoning
districts. The proposal would increase the maximum floor area for second units
from 1,000 square feet to 1,200 square feet; and increase the maximum floor area
for attached accessory;structures from 400 square feet to 800 square feet.
II. RECOMMENDATION
Adopt a motion recommending that the Board of Supervisors:
A. Find that the proposed text modifications to County Code 82-24 relating to the
County's Residential Second Unit Ordinance is consistent with the General
Plan..
B. Accept the determination by the Community Development Department that,
per section 15305 of the California Environmental Quality Act (CEQA), the
proposed text amendment is a minor alteration in land use limitations and
qualifies as a Class 5 categorical exemption.
C. Adopt the proposed text .modifications to the County Code Chapter 82-24
relating to the County's Residential Second Unit Ordinance.
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III. BACKGROUND
In June of 2003, the County Board of Supervisors adopted a new residential
second unit ordinance that complied with the provisions of State Assembly Bill
1866 (Wright) relating to the processing of residential second units. The primary
change in the law provided for.ministerial approval of second units as opposed to
the discretionary process for second units that had been used by the County since
1987.
In 2006, three years after:adopting the new second unit ordinance, the Community
Development Department returned to the County Planning Commission with a
report updating the Commission on the results of the new ordinance. The staff
report also included a: County initiated. proposal to amend the text of the
Residential Second Unit:Ordinance.
The 2006 text amendment changed the ordinance to allow establishment of
second units on properties in agricultural districts. The previous ordinance
restricted second units:to properties. located in single family residential (R- ),
multiple family residential (M- ) and planned unit (P- ) zoning districts. The
Planning Commission; recommended approval of the proposed zoning text
amendment and on June 6, 2006 the Board adopted the text amendment allowing
second units on agriculturally zoned (A- ) properties.
Since amending the ordinance to allow second units on properties in agricultural
zoning districts, a total of 10 applications have been filed for second units on such
properties.
IV. RESIDENTIAL SECOND UNIT (RSU) REVIEW PROCESS
In order to obtain approval of a residential second unit, an application must be
submitted to the Community Development Department along with a $1,000
deposit. Once received, the Community Development Department reviews the
application for compliance with the provisions of the Second Unit Ordinance and
will approve the application ministerially without discretionary review or a
hearing if it complies with the requirements of the ordinance.
When processing the applications, staff must verify a number of items, including
the zoning district of the subject property, as well as the proposed size of the,
second unit. Second units are only allowed on properties with at least 6,000
square feet of lot area and that are within single family and multiple faunily
residential zoning districts (R- , M- ), planned unit district (P- ) or agricultural
districts (A-). The current second unit ordinance requires that the living area of
the second unit be 'restricted to 1;000 square feet. Detached units can be attached
to an accessory structure of up to 400 square feet, as long as the accessory
structure is limited;to garage space only.
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The second unit ordinance includes a number of other standards and requirements
that must be verified prior to approval. A copy of the current Residential Unit
Ordinance has been attached to this report as 'Exhibit A .
V. SUMMARY OF.REVIEW
The current amendment to the County Residential Second Unit Ordinance was
brought about in order :to provide property owners with larger parcels in
agricultural districts an opportunity to construct second units that are consistent
with the State law, which permits second units to be up to 1,200 square feet in
size. State law also gave local jurisdictions the flexibility to restrict the size of the
units at their discretion. When the County amended the second unit ordinance in
2003 to comply with the provisions of the new State law, the new ordinance
pennitted second units in residential zoning .districts only, and the units were
restricted in size to 1,000 square feet of living area and 400 square feet of garage.
The decision to include the 1,000 square foot restriction was included in the 2003
ordinance because that was the size restriction included in the County's original
Second Unit Ordinance and there was some concern with staff that allowing
second units to be too large would create controversy in some communities
throughout the County.
When the County amended the ordinance in 2006 to allow second units in
agricultural zoning districts the restrictions on the size of the units remained the
same at 1,000 square feet. Therefore, second units on large agricultural properties
were restricted to 1,000 square feet of living space just like second units on
residential properties, Which could have lot sizes as small as 6,000.square feet.
After receiving some inquiries from agricultural property owners regarding the
size restriction on second units. on agricultural properties, the Community
Development Department at the direction of the Board, initiated a new ordinance
text amendment to allow for larger second units and accessory uses on
agriculturally zoned parcels than are currently permitted.
If adopted, the proposed amendment to the residential second unit ordinance
would allow an increase in the allowable size of a second unit on a parcel of five
acres or more zoned for agricultural uses to 1,200 square feet, and if the unit is
attached to an accessory structure, increase the maximum allowable size of such
structure to 800 square feet.
This change in the code is justified because agricultural parcels are typically
larger than non-agricultural parcels (5-acres +), and the additional building size
can be accommodated without posing a conflict in land use compatibility.
Although the proposed amendment will allow second units in agricultural districts
on five acres or more.of land to be larger than second units in other districts, the
required living provisions will remain the same. Under the current ordinance, a
S-3
second unit must provide complete independent living facilities for one or more
persons, including pennanent 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 bedrooms and. two bathrooms. These provisions for
second units will not be clianged and will apply to the amended ordinance.
VI. CALIFORNLA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposal to amend the County Residential Second Unit Ordinance and allow
larger units in agriculturally zoned areas is exempt from the requirements of the
California Environmental Quality Act (CEQA). Section 15305 of CEQA is a
Class 5 exemption that allows for minor alterations in land use limitations that do
not result in any changes:in land use or density.The modification to the ordinance
is to allow second units on agriculturally zoned properties with five or more acres
to be larger than second.units in residential zoning districts.The text amendment
will not change the range of pennitted uses and will not change the density of the
properties affected by the modification. The living provisions portion of the
ordinance will remain unchanged, which permits a maximum of two bedrooms
and two bathrooms. Therefore, the proposed text amendment will not encourage
larger households than what is currently allowed.
VII. PROPOSED ZONING TEXT MODIFICATION
In order to accommodate the proposed modification to the Residential Second
Unit Ordinance changes will be made to the Development Standards portion of
the Ordinance (582-24.012).
The existing ordinance indicates that a second unit can be established as an.
addition to an existing or newly constructed accessory stricture if,
i) the total ;floor area of the stricture does not exceed four hundred
square feet, not including the second unit,
the accessory structure is limited to garage space, and
iii) the accessory stricture 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.
The attached draft 6rdinance (Exhibit `B') includes new language that would
allow second units to:be attached to larger accessory structures for properties over
five acres within an agricultural zoning district. The amended text will include the
addition of the following text to the language above;
-800 syttare feet, not including the second unit, in an
agricttltural district where the accessory structure is located on a
parcel of five acres or more.
S-4
i r
The attached draft ordinance will also include new language that would
allow second units on properties of five acres or more and in a-Mcultural
zoning districts to be larger than those on other properties. The existing
ordinance includes language that states that the floor area of second units
cannot exceed one thousand square feet. The amended text includes
language that will provide for different floor area restrictions for second
units depending on.the size of the lot and the zoning district in which the
property is located. The amended Residential Second Unit Ordinance will
include the following language relating to the size limitations of.second
units;
-1,000 square feet, if the unit is located in any zoning district
fvhere a second unit is allowed, except for a second unit located
oir a parcel of five acres or more in an agricultural district
-1,200 square feet, if the second unit is located on a parcel of five
acres or more in an agricultural district.
Additional changes to the numbering and formatting of the ordinance will be
necessary in order to include the new language, but no other significant changes
will be made to the existing Residential Second Unit-Ordinance.
VIII. CONCLUSION
By recommending that the Board of Supervisors approve the proposed
amendment to the County Residential Second Unit Ordinance, the County
Plamiing Commission Nyill offer property owners with five acres or more, located
within agricultural zoning districts, the opportunity to construct larger second
units than those with significantly smaller parcels located within residential and
multiple family zoning districts. Allowing an increased living area and garage
area on properties with five acres or more within agricultural zoning districts will .
not impact neighboring property owners as much as a larger unit would in a
residential or multiple family zoning district and the maximum number of allowed
bedrooms and bathrooms will remain unchanged at two of each. Therefore, the
proposed text amendment .will benefit a large group of property owners within
agricultural zoning districts throughout the County.
i.
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AUGUST 14, 2007
BOARD ORDER
TO: BOARD OF SUPERVISORS . . . ._, , - : '`- ° . Contra
FROM: Supervisor Mary N. Piepho - r ;: :, n� �..��h,,,� _ s Costa
August 14 2007 County
DATE: 9 �;_, ;.:. : . . � .. - s�a-��UN
SUBJECT: AMENDMENT TO SECOND UNIT ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
DIRECT.the Community Development Department and County Counsel to prepare an amendment to
the Second Unit Ordinance to increase the allowable size of a second unit on a parcel of five acres or
more zoned for.agricultural uses to1200.square feet, and if the unit is attached to an accessory
.structure, increase the maximum size of the such structure to 800 square feet.
FISCAL IMPACT:
The recommended action will entail staff costs for drafting the ordinance amendment and bringing it
to hearing before the County Planning Commission and Board of Supervisors for consideration and
possible adoption.
. BACKGROUND: '
Larger sized parcels in the agricultural districts provides the opportunity for units to be as large as the
state allows without creating the crowding impacts that occur in more urbanized districts.
CONTINUED ON ATTACHMENT: Y SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONrye. L APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
UNANIMOUS(ABSENT /( el12 t! ) THE BOARD OF SUPERVISORS-ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Lea Castleberry 820-8683
Cc: Community Development, Dennis Barry ATTESTED d r
County Counsel, Silvano Marchesi J LLEN,CLERK OF THE BOARD OF SUPERVISORS
BY: DEPUTY
CURRENT RESIDENTIAL SECOND
UNIT ORDINANCE
CURRENT RESIDENTIAL SECOND UNIT ORDINANCE
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 65852.2, which requires local agencies to consider applications for
second unit permits ministerially without discretionary review or a public hearing.
(Ords. 2003-17 § 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. (Ords. 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 uses, or a multiple-family residential district (M-6, M-9,
M-12, M-17, and M-29).
(b) One second unit may be located on any lot in an agricultural district (A-2, A-3,
A-4, A-20, A-40, and A-80). If a second unit is proposed for a lot under a
Williamson Act contract, a second unit will be allowed only if the contract
authorizes the second unit on the property.
(c) No subdivision rights are authorized that would result in the second unit being
located on a separate lot. (Ords. 2006-19 § 2, 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) 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.
(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 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.
(Ords. 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 Building Height.
(1) In single-family residential districts, multifamily residential districts, and
agricultural 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 six thousand 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 one thousand 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.
(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 four hundred
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 forty percent. In multiple-family
residential districts, the second unit must not cause the maximum total structural
lot coverage to exceed twenty-five percent in the M-6 through M-17 districts or
thirty-five 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 forty 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, co6king, 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.
(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.
Q) 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. 2006-19 § 3, 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. .'(Ords. 2003-1.7 § 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 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 available from the current owner or from the
Contra Costa County Community Development Department."
(Ords. 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. (Ords. 2003-17 § 3, 87-67
§ 3).
82-24.020 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. (Ords. 2003=17 § 3, 87-67 § 3).
NOTIFICATION LIST
NOTIFICATION LIST FOR 2" UNIT TEXT AMENDMENT (ZT070001)
Sandy K. Skaggs
PO Box V
Walnut Creek, CA 94596-1270
.Lisa Borba
3520 Blackhawk Rd.
Danville, CA 94560