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HomeMy WebLinkAbout120501 PC AgendaIn compliance with the Americans with Disabir~fies Act, if you need special assistance to partJctpate in this meeting, please contact the office of the City Clerk (909) 694-6444. Noffiication 48 houm prior to a meeting will enable' the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA T~e AGENDA TEMECULA PLANNING COMMISSION AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 5, 2001 - 6:00 P.M. Next in Order: Resolution: No. 2001-042 CALL TO ORDER: Flag Salute: Commissioner Mathewson Roll Call: Guerriero, Olhasso, Telesio, Mathewson and Chairman Chiniaeff PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary pdor to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. ~1 A.qenda RECOMMENDATION: 1.1 Approve the Agenda of December 5, 2001 COMMISSION BUSINESS R:~PLANCOMM~Agendas~001 ~12-5-01 .doc 1 PUBLIC HEARING ITEMS Any person may submit written comments to the Plannin Commission before a public hearing or may appear ~nd be heard in support of or in ,opposition to the approval of the project(s) at the time of hearing. If you cha lenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. 2 Plannin(3 A~)Dlication No. PA01-0566 (Develol3ment Code Amendment) Dave Ho(~an, Senior Planner RECOMMENDATION: 2.1 Adopt a Resolution Entitled: RESOLUTION NO, 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING T,HAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OFi THE CITY OF TEMECULA AMENDING CHAPTEF. 17 OF THE TEMECULA MUNICIPAL CODE' TO MODIFY THE STANDARDS FOR SECOND DWELLING UNITS (PLA~INING Ai~PLICATION 01- 0566)" COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next Regular Meeting: Decem3er 19, 20(,1, Council Chambers, 43200 Business Park Drive, Temeculs, CA 92590 R:~PLANCOMM~Agendas~2001 \12-5-01 .doc 2 ITEM #2 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION December 5, 2001 Planning Application No. 01-0566 (DEVELOPMENT CODE AMENDMENT) Prepared by: Dave Hogan, Senior Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission adopt a Resolution entitled: PC RESOLUTION NO. 2001-._ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECOND DWELLING UNITS (PLANNING APPLICATION 01-0566)" BACKGROUND Residents who own homes on large lots that want to build second units in excess of 1,200 square feet have approached staff. Analysis of this request indicates that to allow a larger unit on larger lots would be appropriate and is unlikely to create significant adverse impacts. As a result, the Planning Commission is recommending that the Council consider modifying the current secondary dwelling unit standards to allow larger units on larger lots. State Law currently states that, unless a jurisdiction provides its own Second Unit standards, the provisions of Section 65852 shall apply for all second units applications. A copy of the relevant portions of State Law is included in Attachment No. 3. The State Legislature has further indicated that second units are an important source of additional housing opportunities in California. Section 65852.150 of the Government Code states that: '~'he Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the eldedy, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance." R:\Ordinances'~Second Unit~tafl report pc.doc 1 ANALYSIS The City of Temecuia currently regulates seconc dwelling ~nits through the provision of Section 17.06.060.M of the Temecula Municipal Code. However, the current City requirements do not differentiate between small suburban lots and the arger lots. !Over the past year, staff has identified a number of situations where the City's standards appear to u~ nnecessarily restrict second units on larger lots. As a result, staff believes that these )revisions ne'ed to be modified to more reasonable address second units on larger lots within the Oil '; Various proposed changes to the Developmen Code were presented to the Commission for consideration on August 15, 2001. At that eeting, the Commission requested additional information from the City Attorney on the legal re( ulrements for second dwelling units and continued to this item to allow for additional staff analysis. The City Attorney's written response is contained in Attachment No. 4. ~ Staff has reviewed this request and believes that allowing larger secondary units on larger lots is appropriate. As a result, staff is recommending that the City ~dopt a variable standard based upon the s~ze of the parcel. Staff s ~n~t~al suggesbon ~s to d~fferenbate the two s~ze categones at the one- acre point, with larger units being allowed on parcels one acie and larger. The required yard and setback provisions will still need to be met. The requirements of the current ordinance provisions and the proposed amendment are shown in the following talkie. CURRENT O :::IDINANCE STAFF'S PROPOSAL Allows Detached Units Allows Attached Units Yes Yes Yes Yes Maximum Unit Site 75% of primary unit and not to exceed: acre in size 1,200 squa e or larger in size ! ~i 2,000 square feet ENVIRONMENTAL DETERMINATION An Initial Environmental Study was prepared for !'~is issues ~s part of PA01-0120. The analysis determined that the proposed amendments, inclL ding those: contained in PA01-0566, would not result in any environmental impacts beyond thos.= impacts identified in the Final Environmental Impact Report for the General Plan. The Checklist indicated that the proposed amendments would not result in impacts beyond those originally ar ticipated f~)r the City's General Plan and the supplemental analysis prepared for the original Development Code. GENERAL PLAN CONCLUSIONS The proposed amendment to the regulation control lng Secondary Dwelling Units are consistent with the City's General Plan, the General Plan Environmental Ira: )act Report, and State Planning and Zoning Law. R:\Ordinances~Second Unit~staff report pc.doc 2 FINDINGS The proposed Development Code Amendment are compatible with the health, safety and welfare of the community. The proposed Development Code Amendment will not have an adverse effect on the community because they remain consistent with the goals and policies of the adopted General Plan. Attachments: PC Resolution - Blue Page 4 Exhibit A - Proposed Ordinance - Blue Page 7 Information from the City Attorney- Blue Page 10 Excerpts from the Government Code - Blue Page 11 R:\Ordinances~Second Unit~staff report pc.doc 3 ATi'ACHMENT NO. 1 PC RESOLUTION NO. 2001- RECOMMENDING APPROVAL OF PA01-0566 R:\Ordinances~Second Unit~staff report pc.doc 4 PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECOND DWELLING UNITS (PLANNING APPLICATION 01-0566)" WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code to better address second dwelling units; and WHEREAS, the Planning Commission considered the proposed amendment on December 5, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council approve an ordinance of the City Council of the City of Temecula amending Chapters 8 and 17 of the Temecula Municipal Code to make typographical and other minor changes to the Municipal Code that is substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Coml31iance. An Environmental Checklist was prepared for this project to determine if the proposed amendments would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the General Plan. The Checklist indicated that the proposed amendments would not result in impacts beyond those originally anticipated for the City General Plan and the supplemental analysis prepared for the original Development Code. As a result, the Planning Commission recommends that the City Council make a determination that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the General Plan and that no further environmental analysis is required. R:\Ordinances\Second Unit~taff report pc.doc 5 Section 3. PASSED, APPROVED Ah D ADOPT,ED by the City of Temecula Planning Commission this Sin day of December, 2001. Dennis Chiniaeff, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting the'reof held on the 5t* day of December, 2001, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANN NG COMM SS ONERS: PLANNING COMMISSION!ERS: Debbie Ubnoske, Secretary R:\Ordinances\Second Unit~stafl report pc,doc 6 EXHIBIT A ORDINANCE NO. 01- R:\Ordinances~Second Unit~staff report pc.doc 7 EXHIBIT A ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECOND DWELLING UNITS (PLANNING APPLICATION 01-0566) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; and WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance shall be consistent with the adopted General Plan of the city; and WHEREAS, the Planning Commission held duly noticed public headng on August 15, 2001, and recommended that the City Council approve the attached amendments to the City Municipal Code; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on ,2001 to consider the proposed amendments to the City Zoning Map and the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.06.050.M is hereby amended as follows: A. Amend Subparagraph 3 to read as follows, "A secondary dwelling unit on a residential lot may be either attached to or detached from the primary dwelling unit." B. Amend Subparagraph 4 to read as follows: "A secondary dwelling unit on a lot less than 1 acre shall not exceed 75 percent of the floor area of the primary dwelling unit and shall not exceed 1,200 square feet." C. Add a new Subparagraph 5 to read as follows, "A secondary dwelling unit on a lot of I acre or greater shall not exceed not exceed 75 percent of the floor area of the primary dwelling unit and shall not exceed 2,000 square feet." D. Renumber Subparagraphs 5, 6 and 7 to 6, 7 and 8, respectively. Section 2. The following definition in Chapter Section 17.34 are hereby amended to read as follows: ""Secondary dwelling unit" means an additional dwelling unit to a primary residence on a parcel zoned for single-family residence which may be rented and provides complete independent living facilities for one or more persons." R:\Ordinances\Second Unit~staff report pc.doc 8 Section 3. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be inva!id, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Environmental Compliance Aq Environm,~ntal Checklist was prepared for this project to determine if the proposed amendments would resuli in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the General Plan and the supplemental analysis prepared for the original Developmen~ Code. The Checklist indicated that the proposed amendments would not result in impacts beyohd those originally anticipated for the City General Plan and the supplemental analysis p-epared for'the original Development Code. Asa result, the Planning Commission recommends that the City Cpuncil make a determination that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the General Plan and that no further environmental analysis is required. Section 5. Notice of Adoption. The City Clerk shall celrtify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 6. Effective Date. This Ordinance shall be ih full force and effect thirty (30) days after [ts passage. The City Clerk shall certify to the adopbon of th~s Ordinance and cause cop~es of th~s Ordinance to be posted ~n three designated sting plac s. Section 7. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, toget 3er with th~ names of the City Council members voting thereon, it shall be published in a newspaper publishe~ and circulated in said City. PASSED, APPROVED AND ADOPTED ti'is __th de ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) , of ,2001. Jeff Comerchero, Mayor I, Susan W. Jones, CMC, City Clerk of t~'e City of '[',emecula, do hereby certify that the foregoing Ordinance No. 01 - was dully introduced and pla'ced upon its first reading at a regular meeting of the City Council on the __th day of ,2001 ahd that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Co Jncil on the __th day of 2001, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:\Ordinances\Second Unit~staff reporl pc.doc 9 A'i'I'ACHMENT NO. 2 INFORMATION FROM THE CITY ATrORNEY- R:\Ordinances~Second Unit~taff report pc.doc 10 RICHARDS, WATSON & GERSHON MEMORANDUM TO: FROM: DATE: RE: WiLlhm P. C~ey ~ November 2, 2001 Temecula: Residential Second U~its rm~ ~0: 11086,0006 Pursuant to your request, I have reviewed and analyzed California's statuto~ scheme and case law pertaining to residential second units. I bavc also reviewed and evaluated the provisions of the City's Municipal Code regarding secondary dwelling un/ts, and conclude that thc City's provisions axe in compliance with thc statutory scheme set forth in the Government Code. Further, I recommend that the City reqtfire applicants ~or second units to record a covenant regarding owner-occupancy as a condition of approval of their development plan. The Legislature has set forth regulations reg~ding residential second units in Government Code §§ 65852.1 erseq. Government Code § 65852.1, wtfich pertains to dwelling umts fo semor cmzcn occupancy, provades, m pcranent part: "Noweithstanding Section 65906, any city.., may issue a zoning variance, special use permit, or conditional use permit for a dweIJing unit to be constructed, or which is attached to or detached ~om, a primary residence on a parcel zoned for a singl¢-fawily residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor apace of the attached dwelling unit does not exceed 30 percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed 1,200 square feet." In effect, Section 65852.1 allows cities to do what they would otherwise not be able to do, by making it easier for cities to grant zoning variances for dwelling units intended to be occupied by se4fior citizens. (l~ll$on v, City of Lagurm Beach (1992) 6 Cal. App. 4th 543,546 fn.4.) Government Code § 65852.2 encourages local governments to enact their own ordin~rtces allowing and regulating second units in single-f.~mily and multifamily residential zones, Where they would otherwise be prohibited. (Id. at 545-46.) Section 65852.2 emblishes a three-option approach that local governments may take regarding thc regulation of second units: (1) adoption of an ordinance pm~ddin§ for the creation of second units and establishing various criteria for approving them (subdivision (a)); (2) a ban on all second units after making specific findings, including t'mdLngs regarding the adverse illtpacts that such units would have on the public health, safety and welfare (subdivision (c)); or (3) in the event that no ordinance has been adopted in accordance with subdivisions (a) or (c), a special usc or conditional use permit for a second unit must be granted if the unit meets the requirements enumerated in subdivision (b). In contrast to Section 65852.1, Section 65852.2 effectively requizes a city to do what it would not want to do, by requiring a city to allow second units and process such applications under its own ordinance, William P. Cmley November 2, 2001 Page 2 or pursuant to the enumerated prov/sions of subdivision (b) (assuming the city has not banned all second units pursuant to subdivision (c)). (See id at 546 fn.4:) Thc Legislature has declared the policies regarding residential second umts m Sectx?n 65852.150: I " "[S]e4:ond units are a valuable for~ ofhousin~ in Califomb_ Second un/ts provide housing for family members, .stud~n. ts, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeo'a~ers who create second units bendfit from a&ted income, and an increased sense of security. It i~ the intent of the Legislature that.., provi~ious in these ordinances relating to matters including umt stze, parking, fees ahd other requtrements, are not so arbitrarT, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to crca~¢ second un/ts in zones in which theyjare authoriz., ed by local ordinance." Temecula's Municipal Code ("T.M.C.") provisions re, garding dwelling units for senior citizen ocou,p, ancy are consistent with Government Code § 65852.1. The definition ot'"granny flat housing' set forth in T.M.C. ~ 17.34.010 is identical to ~,'e definition set forth in Government Code § 65852.1. Although the Municipal Code, does not set forth comprehensive provisions regarding granny fiats, the Code inclu¢ provisions, including setbacks (Section 17.06.05C uses within residential districts (Section 17.06.03~ The City has also adopted provisions reg-' T.M.C. § 17.06.050(M), entitled "Secondary Dw obligated to process second unit applications as s § 65852.2, but m apply the provisions of T.M.¢ requires that a development plan be submitted fo: following criteria regarding secondary dwelling residential zoning districts where there is an exisl dwelling, and the property owner of the existing residence or the second unit (subdivision sold (subdivision (M)(2)); (3) the floor area hundred and one thousand t~.o hundred square application for the second umt must be signed b3 dwelling (subdivision (M)(5)); (5) the second un primary dwelling and surrounding neighborhood and architectural materials (subdivision (IvO(6)); parking in accordance with Chapter 17.24~ ofth~ ~ According to Section I?.24.0~0 of Chapter 17.24 bedroom units or less. and 2 covered parking spaces es gra,my ~lats within a number of broader ), parking ~$ection 17.24.040), and permitted ding reside, hunt second units, codified at :fling Units'." Accordingly, the City is not :t forth m subdivision (b) of Government Code · § 17.06.050(M). Section 17.06.050(M) a second ,ar, y dwelling unit, and sets forth the nits: (1) se,Cond units are permitted in all Lng owner-pccupied single-family detached [welling re.fist occupy either the primary (2) second units may be rented, but may not be ached and ~etachcd units shall be between four et (subdiviSions (M)(3) and (4)); (4) the the ownerlof the parcel and the primary t shall be ~mpatiblc with the design of the in terma o~'height bulk and m~ss, landscaping, and (6) the'umt shall be provided with off-street Municipal Code (subdivision (M)(7)). :co~d unitslrequire 1 covered parking apace for 2 for 3 bedroots units or more. William P. Curley November 2, 2001 Page 3 Pursuant to Govemmem Code § 65852.2(a),~ cities have broad discretion ia thc specific criteria they may adopt for the approval of seennd units. (Desmond v. County of Contra Costa (1993) 21 Cal. App. 4th 330, 340-41 .) The criteria set fox,la ia Ta'X4.C. § ].7.06.050(M) are consistent with a~d authorized under Section 65852.2(a). T.M.C. § 17.06.050(M)(3) and (4) regarding the permissible floor area of attached and detached units also comply with subdivision (d) of Section 65852.2, which requires that the minimum size of second units be at least an efficiency unit, which is defined in Health and Szfcty Code § 17958.1 as having a mi,~r,,xm floor arcs of 150 square feet. Lastly, the parking requirements set forth in T.M.C. § 17.24.040 appear to comply with the parking requirements of Section 65552.2(e)? One issue for thc City to consider is the requirement of T.M.C. § 17.06.050(M)(1) that the property owner and applicant for the second unit must occupy either the primary residence or the second unit. Case law has upheld'an owner-occupancy condition running with the land as consistent with the legislative intent and his-toW behind ~ovemment Code § 65 g52.2, which is to create more affordable housing with a minimal disruption of neighborhood stability and thc character of family neighborhoods, and to discourage speculation and absentee ownership. (Sounhein v. City of San Dimas (1996) 47 Cal. App. 4th 1181, 1190-92.) While Section 17.06.050(M)(1) does include an owner-occupancy condition, nothing in that provision requires that such condition run with the land. Accordingly, I recommend that, as a condition of approval of the development plan for the second unit, the City require that the property owner record a covenam that either the primary residence or second un.it will be occupied by the owner. Although owner-occupancy requirements have been upheld, cities may not limit thc occupancy of second units to only relatives or earcgivers. In Coalition Advocating regal Housing Options v. City of Santa Monica (2001) 88 Cal. App. 4th 451, the California Court of Appeal invalidated Santa Monica's zoning ordinance, which allowed the creation of second units in single-family residential zones, but limited occupancy to the property owner or his or her dependent, or a earegiver for the property owner or dependent. The court found ~ae ordinance unconstitutional on both right of privacy and equal protection grounds. Specifically, the court explained that the right to privacy includes the right to be left alone in our homes and to choose with whom to live. (id. at 460-61.) In addition, the court found that the occupancy restrictions ~ Government Code § 65852.2(a) provides, irt pertinent part: "Any local agency may, by ordinance, provide for the creation of second units ia single-family and multifarn~ly resldentia! zoneS. The ordinance: (1) May designate areas within the jurisdiction of the local agency Where second units may be permitted .... (2) May impose ~andards on second units which include, but are not limited to, parking, height, setback, lot coverage, architectural review, and maximum size of a unit. (3) May provide that second units do sot e:~ceed the allowable density for the lot upon which the second unit is located... (4) May establish a process for the issuance of a conditional use permit for second units." 3 SecTion 65852,2(e) provides *ha~ parking requirements ~hall not exceed one parking space per unit or bedroom, and that off-street parking shall be permitted ~n setb0ck areas or through tandem parking. W'fll.iam P. Curley IIJ November 2, 2001 Page 4 were not rationally related to the i~tetes of presea~ation of neighborhood character or the prevention of undue concentration o£population and i~affic. (Id. at 461-63.) Thus, while the City's requirement that the owner occupy either the primazy residence or second unit is permissible, the City may not validly impose any o~her occupancy limitations. ~7006~.1 ATTACHMENT NO. 3 EXCERPTS FROM THE GOVERNMENT CODE R:\Ordinances~Second Unit~tafl report pc.doc EXCERPT OF STATE PLANNING AND ZONING LAW 65852.150. Local second unit ordinances The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. 65852.2. Standards to evaluate proposed second residential units (a) Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones. The ordinance: (1) May designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (2) May impose standards on second units which include, but are not limited to, parking, height, setback, lot coverage, architectural review, and maximum size of a unit. (3) May 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. (4) May establish a process for the issuance of a conditional use permit for second units. (5) Shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c), receives its first application on or after July 1, 1983, for a conditional use permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901, every local agency shall grant a special use or a conditional use permit for the creation of a second unit if the second unit compllies with 411 of the following: (2) (3) (4) (A) The unit is not intended for sale, and may be rented. (B) The lot is zoned for single-family or multifamily use. (C) The lot contains an e~isting single-family dwelling. (D) The second unit is eitl~er 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 dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of :he existidg living area. (F) The total area of floor space for ia detached second unit shall not exceed 1,200 square feet. , (G) Requirements relating to height,', .setback, lot coverage, architectural review, site plan rewew, fees, charges, and other zoning requirements .cenerally apphcable to residential construction ~n the zone ~n wh~c.b the property ~s located. (H) Local building code re:luirement, s which apply to detached dwellings, as appropriate. (I) Approval by the local health offic, er where a private sewage disposal system is bei3g used, if required. No other local ordinance, poi cy, or regulation~ shall be the basis for the denial of a building permit or~ use per~it under this subdivision. This subdivision establishes lhe maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existiq'g single-family dwelling. No additional standards, other th'an those I~rovided in this subdivision or subdivision (a), shall be utilized or imp&sed, except that a local agency may require an applicant for a permit i~sued pursuant to this subdivision to be an owner-occupant. No changes in zoning ordinances or other ordinances or any changes in the general plan shall be r~quired toiimplement this subdivision. Any local agency may amend its ;~oning ord, inance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units i~ these provisions are consistent with the limitations of this subdivision. (c) (d) (e) (f) (g) (h) 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. No local agency shall adopt an ordinance which totally precludes second units within single-family and 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. A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum size for a second unit, or size 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. 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 requirements 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 iri setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback area 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). This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. 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 terms m,ean: (2) (3) (4) "Living area," means the interior habita, ble area of a dwelling unit including basements and attics but dobs not include a garage or any accessory structure. I agency" means a cit~, county, ,or city and county, whether "Local general law or chartered, i For purposes of this section,~"neighborhood" has the same meaning as set forth in Section 65589.5. i ' Section 65589 5(4) "Ne ghborhood" means a panning area commonly ~dent~fled as such m a cpmmumty s planning documents, and identified as a neighborhood by thb individuals residing and working within the neighborhooc~ .... "Second unit" means an attached or a ~letached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also~, includes the following: (A) An efficiency unit, as ~efined in Section 17958.1 of Health and Safety Code. ; Section 17958.1. Notwithstanding Sections 17922, 17958, and county may, by o,rd[nance, permit efficiency un,ts for occupancy by no more than two persons which have a minimum floor area of 150 square feet ~nd which i'nay also have partial kitchen or bathroom facilities, as si ~ecified by the ordinance. In all other respects, these efficienc ~, units sha~ll conform to minimum standards for those occupancies o herwise m{~de applicable pursuant to this part .... (B) A manufactured home, as defin(~d in Section 18007 of the Hea!th and Safety Coce.