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HomeMy WebLinkAboutItem 5.3 Second Unit Ordinance in R-1 District (2) S6 - 2___� V AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 13 , 1984 SUBJECT: Adoption of an Ordinance which will allow second units in R-1 districts that meet specified criteria EXHIBITS ATTACHED: 1) Resolution approving Second Unit Ordinance 2 ) Second Unit Ordinance 3 ) Planning Commission Staff Report 4 ) Planning Commission minutes of 1/16/84 RECOMMENDATION: 1 ) Hear Staff presentation 2 ) Open public hearing 3 ) Hear applicant and public presentations 4 ) Close public hearing 5 ) Adopt Resolution regarding Second Unit Ordinance 6 ) Waive reading and introduce Second Unit Ordinance FINANCIAL STATEMENT: None DESCRIPTION: The draft Ordinance implements Senate Bill 1534 which requires that all cities provide, by Ordinance, a process by which second units can be erected on lots zoned for single family use, where the lot has an existing single family detached unit, and the second unit meets specified criteria. The Planning Commission addressed this issue on December 19, 1983 , and on January 16, 1984 . At the January 16th meeting, the Planning Commission recommended' that the Second Unit Ordinance be adopted. The Second Unit Ordinance will require that a Conditional Use Permit be obtained from the Planning Commission prior to _ erecting a second unit. The Ordinance also outlines nine criteria with which each second unit must comply. The nine criteria include : -lot characteristics -limitation of use -size of unit -location on lot -parking -design -lot coverage -occupancy -setback The Ordinance is explained in detail in the Analysis section of the attached Planning Commission Staff Report. ----------------------------------------------------------------- ITEM NO. �• ' COPIES TO: Mrs . Lester v RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -----------------------------------------7----------------------- APPROVING AND ESTABLISHING FINDINGS CONCERNING PA 83-092 AN ORDINANCE RELATING TO SECOND UNITS IN R-1 DISTRICTS WHEREAS, Senate Bill 1534 was approved by the State Legislature of the State of California and signed by the Governor of said State; and, WHEREAS, said Bill required that each City provide, by Ordinance, a process by which second units can be created on lots zoned for single family use if specified criteria are met; and, WHEREAS, City Staff developed a draft Ordinance which implements the provisions of Senate Bill 1534 ; and, WHEREAS., the Planning Commission considered said draft Ordinance at a public hearing on January 16 , 1984 , and recommended that said Ordinance be adopted; and, WHEREAS, the City Council considered the Planning Commission ' s recommendation at a public hearing on February 13, 1984 ; - and, WHEREAS, notice of said hearing was provided in all respects as required by law; and, WHEREAS, said draft Ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and, WHEREAS, a Staff Report was submitted recommending that said draft Ordinance be adopted; and, WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby find that: 1) The draft Ordinance relating to second units in R-1 Districts meets the purpose and intent of SB 1534 ; 2 ) The draft Ordinance will allow the more efficient use of the existing housing stock and underdeveloped residential properties within the City of Dublin; 3 ) The draft Ordinance will meet •a community need as it will _ increase rental housing, particularly those of low or moderate income; and, 4 ) The draft Ordinance includes a Conditional Use Permit process and specified criteria which will ensure that the second units do not adversely impact the single family character of the respective neighborhood BE IT FURTHER RESOLVED that the City Council does hereby approve the draft Ordinance relating to second units. PASSED, APPROVED AND ADOPTED this th day of 1984 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk r` ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO SECOND UNITS IN R-1 DISTRICTS ----------------------------------------------------------------- The City Council of the City of Dublin does ordain as follows : Section 1 . Definition : Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of Section 8-22 . 6 . 1' to read: 8-22 . 6 . 1 Second Unit : A second unit shall mean a unit with separate kitchen, sleeping, and bathroom facilities which is a part of, or an extension to, a detached single family unit, and which is subordinate to the principal dwelling unit. Section 2 . Location: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of subsection ( f) to Section 8-26 . 3 Conditional Uses : R-1 Districts to read: (f) Second unit as governed by Section 8-60 . 58 . 1 . Section 3 . Purpose and Property Development Standards : Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of Section 8-60 . 58 . 1 to read: 8-60 . 58 . 1 Purpose of Second Units : The purpose of allowing second units in R-1 Districts is to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, particularly those of low and moderate income . It is the further purpose of this Section to: t 1) allow the more efficient use of the City' s existing , - housing stock and underdeveloped residential properties ; 2 ) to provide rental housing units for persons who are - elderly or disabled; 3 ) to protect property values and the single family character of the neighborhood; and, 4 ) to provide adequate public services and traffic flow, by insuring that second units are installed under such additional conditions as may be appropriate to further the purposes of this ordinance . Prior to making a decision on an application, consideration shall be given to traffic impact, utility capacity, access and mobility for handicapped or disabled persons, impact on adjacent neighbors, and impact on the neighborhood. In addition to those conditions deemed appropriate by the Planning Commission to protect the public health, safety and welfare, second units shall meet the following minimum criteria: 1 . Lot - The subject lot shall contain an existing, detached, single family dwelling unit and have a minimum lot size of 6, 000 square feet. 2 . Limitation - No more than one second unit shall be permitted on any one lot. 3 . Size - The total floor area of the second unit shall be not less than 275 square feet, nor more than 1, 000 square feet. However, in no case shall the second family residential unit exceed 350 of the total floor area of the existing residential structure. 4 . Location - The second unit shall conform to the development standards for the zoning district in which it is located, including but not limited to, standards for front, rear, and side yard setbacks, and height, but excluding density standards . 5 . Parking - The second unit shall be provided with one additional off-street parking space . The parking space may be uncovered and may be in tandem with the required parking of the principal dwelling unit, if lot configuration precludes placement elsewhere on the parcel . The principal dwelling unit must conform to the parking requirements of Sections 8-63 . 4 and 8-63 . 17 . 6 . Design - The second unit shall be designed in such a way that the appearance of the new building remains that of a single family dwelling. Accordingly, any new entrance to the second unit shall not be visible from the street. 7 . Coverage - The principal and second unit shall not cover more than 600 of the lot . 8 . Occupancy - a) Applications shall be limited to owner occupants who have resided in. the principal dwelling for a maximum period of six months . b) No more than one dwelling unit on the parcel shall be rented or leased. c) The owner of the lot may occupy either the principal or second unit. d) Nothing in this section prohibits one or both dwelling units to remain vacant. e) The City shall require recordation of a deed restriction setting forth the ;=occupancy requirement. f) No subdivision shall be allowed unless the division meets the applicable regulations of the Zoning Ordinance. 9 . If the second unit is detached, it shall be a minimum of ten feet from the principal unit. Section 4 . Disclaimer : If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this Ordinance or any part thereof . Section 5 . Effective Date : This Ordinance shall become effective 30 days after its final passage and adoption by the City Council . Section 6 . Posting of Ordinance : The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin, in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this th day of 1984 , by the following votes : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk CITY OF DUBLIN I PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date : January 16, 1984 TO: Planning Commission FROM: Planning Staff 70 k SUBJECT: PA 83-092 - Draft Ordinance Relating to Second Units GENERAL INFORMATION PROJECT: A public hearing to consider a draft ordinance relating to second units in R-1 Districts APPLICANT/REPRESENTATIVE: City of Dublin LOCATION: The draft ordinance would affect certain lots within the R-1 Districts located within the City of Dublin. PARCEL SIZE: The draft ordinance would only affect R-1 lots that are 6 , 000 sq.ft. or greater. BACKGROUND: The Planning Commission previously addressed this issue on August 1, and December 19 , 1983 . At the December 19, meeting, the Planning Commission directed Staff to set a public hearing for the January 16, 1984 , meeting in order to consider a draft ordinance relating to second units inb R-1 Districts . APPLICABLE REGULATIONS : Senate Bill 1534 requires that each city provide, by Ordinance, a process by which second units can be erected on lots zoned for single family use, where the lot has an existing single family, detached unit, and the second unit meets specified criteria. This bill prohibits any city from adopting an ordinance which totally precludes . second_-units from single family areas, unless the city finds that : 1) Such action may limit housing opportunities of the region; and, - 2 ) such"action would result in specific adverse impacts on the public health, safety, and welfare . ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the hearing was published in the Tri-Valley Herald, and posted in public buildings . ANALYSIS : As the Planning Commission is aware, Staff is recommending that a Conditional Use Permit be required for each second unit. The basis for this recommendation is that second units have special characteristics , impacts, and ramifications which require ----------------------------------------------------------------- ITEM NO. review and evaluation on a case-by-case basis . Further, the Conditional Use Permit procedure allows the surrounding residents to comment on the proposal at a noticed public hearing . Staff is also recommending that nine criteria be established for second units . Each criteria is listed below, with a brief Staff comment: 1 ) Lot - The subject lot shall contain an existing, detached, single family dwelling unit and have a minimum lot size of 6, 000 square feet . Staff Comment: The intent and purpose of SB 1534 was to allow second units only on lots that already contained an existing residential structure . Since a typical. R-1 lot is approximately 6, 000 sq. ft. ( 60 'x 1001 ) , it is not desirable or appropriate to allow a second unit on a smaller lot . 2 ) Limitation - No more than one second unit shall be permitted on any one lot. Staff Comment : This requirement is needed to prevent an individual from constructing several second units on one lot, in cases where the lot is unusually large but where the area is characterized as a single family neighborhood. 3 ) Size - The total floor area of the second unit shall be not less than 275 sq.ft. , nor more than 1, 000 sq.ft. However, in no case shall the second unit exceed 35% of the total floor area of the existing residential structure. Staff Comment : It is commonly held that 275 sq.ft . is the minimum floor area needed for a healthy and safe living environment. The 1, 000 sq.ft . , and 35%, limitations will ensure that the second unit is clearly subordinate to the principal unit . 4 ) Location - The second unit shall conform to the development standards for the zoning district in which it is located, including, but not limited to, standards for front, rear, and side yard setbacks, and height, but excluding density standards . Staff Comment : In order to maintain the character and form of the single family neighborhood, it is important that the second unit conform to the established development standards for the zoning district in which it ds located. However, if the density standards were followed, it would have the effect of almost totally precluding second units . 5 ) Parking - The second unit shall be provided with one — additional off-street parking space . The parking space may _ be uncovered and may be in tandem with the required parking of the principal dwelling unit, if lot configuration precludes placement elsewhere on the parcel. The principal dwelling unit must conform to the parking requirements of Section 8-63 . 4 and 8-63 . 17 . f� Staff Comment : Several other second unit ordinances require one additional parking space . If at all possible, this additional parking space should 'be provided to the side or rear of the principal unit. If the lot does not lend itself to this type of parking arrangement, it may be possible to locate the additional space in tandem with the required parking of the principal unit . 6 ) Design - The second unit shall be designed in such a way that the appearance of the new building remains that of a single family dwelling . Accordingly, any new entrance to the second unit shall not be visible from the street. -2- Staff Comment : Maintaining the appearance of a single family dwelling will help protect property values and the single famly character of the neighborhood. Requiring that the new entrance to the second unit not be visible from the street, will also serve to maintain the single family character of the neighborhood. 7 ) Coverage - The principal and second unit shall not cover more than 60% of the lot . Staff Comment : With two dwellings on one lot, it is important that at least 40% of the lot be utilized for open space, landscaping and play areas . 8 ) Occupancy - A) Applications shall be limited to owner/occupants who have resided in the principal dwelling for a minimum period of six months . B) No more than on dwelling unit on the parcel shall be rented or leased. C) The owner of the lot may occupy either the principal or second unit. D) Nothing in this section prohibits one or both dwelling units to remain vacant . E) The City shall require recordation of a deed restriction setting forth the occupancy requirement. F) No subdivision shall be. allowed unless the division meets the applicable regulations of the Zoning Ordinance . Staff Comments : These restrictions are needed to minimize a potential speculative venture by which an individual purchases a single family lot, builds a second unit, and then rents both dwellings . The effect of this action 'is to convert a single family lot with one, owner-occupied, single family unit, into two rental units . This situation may adversely impact the single family character of the neighborhood. These requirements will also encourage better maintenance and supervision of the second unit. 9 ) Special Setback - If the second unit is to be detached, it shall be set back from the principal unit a minimum distance of 10 feet . Staff Comments : The intent of this requirement is to ensure a minimum fire separation, proper maintenance, and adequate light and air. RECOMMENDATION - FORMAT: 1 ) Hear Staff presentation 2 ) Open public hearing 3 ) Hear public presentations 4 ) Close public hearing 5 ) Adopt resolution recommending that the City Council adopt the attached ordinance, or continue hearing ACTION: Staff suggests that the Planning Commission adopt the attached resolution recommending that the City Council adopt the attached ordinance . -3- ATTACHMENTS 1 ) Draft resolution 2 ) Draft ordinance 3 ) Ordinance from Concord 4 ) Ordinance from Walnut Creek 5 ) Ordinance from Livermore -4- � ►-�� o'� C��corc� 9. The lots created under this provision shall not be further subdivided unless both of the resultant lots meet the lot area, width and depth, requirements of the pertinent zoning district. (Ord. 1206) Section 1118.5. Secondary Living Units. A. Le=licn. Secondary living units shall be allowed in Single Family (R) Zoning Districts and in single family residential areas zoned PD (P.lonned District). . (Ord. 1239) B. . Limitation. In no case shall more than two (2) dwelling units be placed on one (I) parcel.* An applicant may not take advantage of more than one (1) of the following provi- sions: Secondary. living unit, or two (2) jinits on corner lots (Section 10218). `(Ord. 1239) C... Living Unit.: _ 1 . ,DefinMw-.-. .:A secondary• living unit is an additional dwelling ,unit 'on a single family lot which has kitchen, sleeping, and full bathroom 'facilities. (Ord. 1239) _ :3 i •`s-i:� `' 2. 'Criteria. , a. Lecation. ' •The secondary living unit must be- located within the area of the lot allowed for principal dwellings by the Zoning Ordinance. The unit may be established through: 1) conversion of existing floor space in a single' structure; 2) on addition to an existing single family structure; 3) conversion of an, existing accessory structure, ,provided it.. is:.located within the area .allowed for .principal dwellings; and•.4) the constrvc- tion .of. a..new^accessory.- structure which',is 'located within the _area allowed for principal "-. - _ 'dwellings.' .r ,;•t _! � i-+.1 L r . :4 t J� �':'•.kr`S^, ^r u v 1 Y '!�s _ -`• . . .. rd. 1239) �w•n_ .,,q;;� b .. -7• Both units be occupied:as.separate single family dwell- �ings.only,if..the .legal :owner.;occupies one (1)'.of the, units; otherwise the two ;(2) units shall be occupied as if , they were one (1) single ,family dwelling Nothing 'in` this;section pro- r �, hibits one (I) or .both _of -the dwelling units remaining .vacant ,The City shall require 3 .recordation of a deed restriction setting forth this occupancy requirement V r I + (Ord.•,1239)...� a > v/ z r -- °~c. . Size The total ..floor .orea of the secondarw .living unit shall be no*-less than two hundred seventy-five (275) square feet nor more than six hundred forty .(.640) square feet. •• In addition; the .unit s`�c!! contain no rr ve thn^ 4v,e^tv-five �?51_ . -rce�+;.of the floor P. . '•`:';: area of the principal unit before the .conversion to allow 'the proposed "secondary unit. 7This :.twenty-five .(25) .percent: limitation, applies .only to conversions which .take place within ; existing principal units. ._rThP secondary unit'shall.have no more than one �I) bedroom. A. Design. (1) The unit shall be clearly subordinate to the .principal single family dwelling unit on the parcel by size, location, and appearance. -' (Ord. 1239) _ (2) The exterior appearance and character shall reflect the existing prin- cipal house. (Ord. 1239) (3) Outside stairways to the secondary unit must not be in the front of the principal dwelling. (Ord. 1239) . (4) The unit shall meet the provisions of Section 10211 A of this chapter. (Ord. 1239) _ - e. .City Ordincrces. .' The unit must meet all provisions of the .Municipal Code, = -including :;.setbacks, '' lot '.coveroge, and. height ,regulations.' The 'principal_structure and 'secondary unit shall `obide by the .provisions of the Parking Regulations with the`.following modification: ''The secondary unit must be provided with. one (1) off-street porking space on the subject site; it may be an uncovered space, but it may not be a tandem space.-t°-This .' parking space is in addition to the required off-street parking for the principal dwelling.?• (Ord. 1239) y Subdivision. No subdivision of land nor air rights shall be allowed,; '(Ord. 1239) + , g. Applicability. This section only applies to parcels which contain princi _ pal structures which have been constructed as single family units prior"to the time of application for secondary living units (Ord. .1239) _ a r D '.Appllcatien Requirements.' f ,,-, , I . ; A .Zoning .'Administrator's permit is required to,comply with the provisions of ,•,":•,this sect i on.._..Secondar_ living units'constructe"d without benefit •of 'permit-'prior- ermit prior to odoption of this section must obtain a Zoning Administrator's permit to be a.legal use.,-­ (Ord. , ( { •:_,2. Prior to making a decision on an 'application, the Zoning Administrator may consider.,.traffic; impact,.',utility, capacity, impact or adjacent neighbors,=and impact on"°the 3 neighborhood. '(Ord. 1239) = J� .y .!t { ;1. 3."''Decisions of the Zoning Administrator may be appealed to the°Iannina�Commission - - in accordance with .Section 10877 of. this Code.»� 'Section 10219 R-6 Overh+ Districts. - F' T A. North Today Santos ^Neighborhood .0verlcsy District "All provisions ' f this chapter shall apply, except as may he otherwise provided herein; for' those portions of the' district • . described on the zoning map as 'North Todos Santos Neighborhood'; the area is genes ally bounded on the southwest by Concord Avenue, on the west and northwest by the northerly line of Mt. Diablo High School, Williams School, and High School Avenue;`on the east by Port ..Chicago Highway, .and on the south by .Salvio Street. . (Ords. 1068, '1126, ' 1206) _ 1. Uses permitted in addition to those permitted in Section 10210: '(Ords. 1068 1126 1206) :::Article X_' Chanter 2 (Il Sections., 10218.5-10219 Wo ' nv4- CreeK ORDINANCE NO. 1569 AN ORDINANCE ADDING ARTICLE 36 (SECOND FAMILY RESIDEN- TIAL UNITS) TO CHAPTER 2 ( ZONING) OF TITLE 10 (PLAN- NINT P.ND ZONING) OF THE WALNUT CREEK MUNICIPAL CODE RELATING TO SECOND FAMILY RESIDENTIAL UNITS IN SINGLE FAMILY RESIDENTIP-L ZONES The City Council of the City of Walnut -Creek hereby ordains as follows : ,(;Pction_ 1 . Article 38 (Second Family Residential Units) is hereby added to Chapter 2 (Zoning) of Title 10 (Planning and Zoning) of the Walnut Creek Municipal Code to read as follows: -. Article 38 . ' Second Family Residential Units 10-2 .3801 . pUrpose . " The Second Family Residential Unit article of "the Zoning Chapter authorizes, upon issuance of a conditional use permit, the establishment of second family units in detached single family homes. The purpose of allowing second family residential units on single family properties in all single family residential and multiple family residential zones is to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, . particularly those of low and moderate income. Furthermore, it is the purpose of this section to allow the more efficient use- of the City ' s existing stock of dwellings, to provide economic support for resident families of limited . :'income, to provide rental housing units for persons who are " . '.="elderly .or disabled, and to protect property values and the single family character of a neighborhood by ensuring that second family residential units are installed under such , additional:,,conditions as may.:be .appropriate .. to further .the purposes of this ordinance :Irr .:addition this article --implements --th e provisions of :: SB 1534 .(Ch.1440 ,Stats 1982) . Gov ' t C."Section `65852 .1 'and 65852 2 . r 10-2 3802 : ; ::DP � ni'tion `A second family residential unit is a separate complete housekeeping unit with kitchen, sleeping and full bathroom facilities which is a part of or an extension to a detached - single family unit. 10-2 .3803 . Location. Notwithstanding any other provisions of the Walnut Creek Municipal Code, second family residential units shall �. an� -��'�.L":::'Y':,:.C:btu.1c:I�:Z...1.Cww.tiva.mur+v+..vwr-• A.'.Y:...n�.i�:.'Tt:`�"-". ..- be allowed in existing single family dwellings in Single Family Residential Districts (R) single family residential areas zoned Planned Development (P-D) , Hillside Planned Development Districts (H-P-D) , Duplex Residential District (D-3 ) and Multiple Family Residential Districts (M, M-H, M- L) after the necessary approval is obtained under this article. 10-2 .3804 . Property Development Standards . The following property development standards shall apply to all land and structures in the zones which permit second family residential units. a . Zoning Requirements. All yards, building height, distance between buildings, and lot coverage standards of the zone in which the property proposed for conversion is located shall apply. In P-D and H-P-D zones where no stan- dards are specified, the Zoning Administrator shall have the authority to establish reasonable standards for yards, building height, distance between buildings and lot cover - age b. Size.. No second family residential unit may have more ' th an one bedroom, nor contain a gross area in excess of 750 square feet. The gross floor area of any existing single family dwelling which is enlarged for the purpose of incorporating a second family residential unit shall not ex- ceed 125% of. the gross floor area of the single family dwel- ling before conversion. c.' ..•-Design. .' The second family residential unit shall be designed .so that the appearance of the building remains that of a one-family residence. Any new entrances shall be** -. located on:.the side or in the rear . of the building.` .:" _ d. : 'Off-Street Parking. The second family residential unit must be provided with one more. off-street. parking space 9 than " requ or ired foa s­* ingle family .-dwell ' % A`.maximum of ....... . two spaces may: be permitted in :.tandem if ;lot configurati on ~.precludes placement elsewhere on the property ~ e. Tenancy'o In single family areas `zone(] R, PD and _.. :.HPD, no more' than -one dwelling unit _on..the parcel ;shall be rented or :leased. 10-2 .3805 . Minor Use Permit. _ A minor use permit must be granted by the Zoning Ad- ministrator in accordance with Section 10-2 .2223 of this Code before a second family residential unit can become a legal use. All hearings on second family residential units shall be held in the evening. Second family residential units constructed without a permit prior to adoption of ti-:is section must obtain a minor use permit to be consider&d a legal use . Notwithstanding other provisions of t1ne law, units that receive a minor use permit under this article shall be deemed apartments for the purpose of meeting the requirements of the Subdivision Map Act. In order to encourage the development of housing units for disabled individuals and persons with limited mobility, .the Zoning Administrator may make a finding that reasonable deviation from the stated conditions is necessary to install features that facilitate access and mobility for disabled persons. 10-2 .3805 . I.im'�ations.� This article applies both to parcels which -contain principal structures which have been constructed as single family structures prior to the time of application , for a second family residential unit and to parcels on which a second family structure is proposed 'at . the time of:; the original construction. On any one parcel, .no more than one second family residential unit shall be allowed. Accessory buildings may not be converted to second family residential units. ,Sect"icZn 2 .� If any section, subsection, subdivision, para- graph,. sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional , such decision shall not affect the validity of the remaining portions of this ordinance - or any part thereof . The City Council hereby declares that it would have passed each section, subsection, _ subdivision, paragraph, sentence, clause or- phrase. thereof, irrespective of the _fact that any one or -more _sections, sub- sections, -'sub sentences, clauses or phrases be declared unconstitutional. -. .;:. �P tQn 3 This ordinance shall become effective thirty (30) days after lts final passage and adoption of Walnut PASSED _AND ADOPTED the , City Council of the Caty :. Creek at a regular meeting thereof .held .on the lst3da of February, . 1983 , by the following called .vote: Ayes : Councilmembers : , hall , ,Murray, Lucas, _Hildebrand, Mayor .Fovar Noes : Councilmembers: None Absent: Councilmembers : None Mayor of the City of Walnut Creek ATTEST: ":PUBLIC NOTICE 5i .-ORDINANCE NO..1140,� :(}; AN ORDINANCE AMENDING. ORDINANCE NO.•'442, `AS '"F. Initial applications shall be AMENDED,-OF THE CITY OF limited to owners who have con- LIVERMORE, BY AMENDING tinuously resided at the address SECTIONS 5.20, SA.22, 6.27.20.51,' specified fora period of six AND ADDING SECTIONS 21.30, months., 21.31,21.32,21.44 and 31.31 G. Off-street parking shall be : :;.y•.(Text Amendment) '. If provided as required by Section 'n: •:•:.;.«,Yt;•,?.:-.r.;�y.fir!'7 .21.44-A-4. .;::�:'� :.�:�_�,.F,;.:i':: .•.%:.: Section T ' "SecHon 5.20 of .Or-_ i:' H.-An.inspection and report dinance 442 of the City of•Liver- :shall be obtained by the applicant more relating to secondary dwell-'. from the Building Official to de= In9s,is hereby amended by the. termine compliance with the addition of the following ";; ;, :.,,` State Housing Code for the prima- 1"b.5.Secondary dwelling units :ry unit, prior to'Planning"Com- as regulated by Section.21:30." mission action.Application for In- ..4Section 2.Section SA.22 of OK. "spection and payment,of an in< dinance 442 of the City of Liver-: spection fee ihall a submitted to more relating to secondary dwell- the Building"Department.by the " In 5 9s'here y amended,byahe, applicant ten days prior,:to,Plana addition of the following:;; .,;, n ng Commission action' ,`:x:, ;','e:Secondary dwelling unitsas =Section 6.Section 21.44 A.-4:' regulated by Section 21. 0.',..` S,K .Ordinance 442 of.the City.of Liver, ~tiSect)on 3. Section 6.27 of 'Or- more is hereby added to.read as dinance 442 of the City of Liver-; follows: more relating to secondary dwell- Secondary Dwelling-Units 'ings Is added to read as follows For secondary:residential.units ,��.."6.27 Secondary dwelling units "approved under Section 21:30,one as regulated by Section 21.30 (1) additional:parking"' space':is 4 Section 4.,Section 20.51 of Or required.,Said-space'shall',be;In Finance 442 of the City of,Liver-' addition to the two (2),,parking more relating'to-secondary dwell spaces required for the principal ings'.Is:hereby-amended_:as fol, dwelling and,shall not be located lows..-a within any required street.set s20.51 c)3.Use of a building for back area ,'4 5. :;ru+ t�i . leeping'quarters or as a dwe ling '-?'Sedwn•7.Sectiohr31'..3 }:of or housekeeping unit through pro- •Ordinance.442 of the City of,Liver vislon-of kitchen or bathroom fa- more is,hereby.added to read�as - cilities shall be prohibited,except follows:, r?'!;*:;r.;t lt#e 01 - for; a:!secondary;dwelling :unit .y'c Dwelling Unit,Secondary: pursuant to Section 21.30.' ,.'"F:: A'secondary idweiling;;unit',is a Section;S.•Sections 21.30,21.31, separate,complete housekeeping and 21.32 of Ordinance 442 of the unit°.with-'a'separate entrance, City of Livermore relating to.sec- kitchen,-sleeping:area;.:and.full, ondary:.dweiiings are hereby bathroom'•,facl'ities"whichri's"an' - added to read as ollows:r'.'•±' .? :attached or detached eztension.to "21.30 Secondary Dwelling an,existing single family struc- Units.; * r;.y. ture i, 21.31 Secondary Dwelling SectioriS:Aninitiatstudyofthe Units/Purpose: s.� rr'fi•n" v > effect.of-the'use on the environ •1N.To provide an opportunity for ment has been made w)th'the;re- the'development of small rental suit that a determination has been .units,-.to provide,relatively;:af= made that,fhere will be no signifi fordable housing for low and mod scant effect;on:the•envlronmenI era te:Income,J - ndividuals"and and that the Negative Declaration families, 4o provide economic - ;is approved and certified asbe(ng support for resident families and ;complete,andi,accurate and, �e .to provide .rental units,for the City Clerk 1s directedo file's `� § elder)y or disabled knt7 s,. :;i Notice of Determination with the ?`21.32•Secondary•Dweiling �Plameda Count Clerk Units/Requirements F-Y i.,.:. ;;Section 9.This Ordinance shall fl n addition,to those uses per,, be published`once In the.Tri-V61 mitted in the RS,.,RR,',and RL ley Herald,anewspa r_df enerl :Districts'(including Planned.De- ai circulation In theiCi o �r..f.� ry 'velopments:developed"with'RS,' ;more;within[fifteen days`afterats� LW c ` RR :and RLstandards);one sec- doption and shall take etfect.and _< - ondary dwelling unit per.loi may - - be in force thirty das fro and be permitted,sublect,to approval aNer its'adoption ''. �f of'a Conditional Use.Permit.and r�?he;_foregoing Ordinance,was! 1` subject to the following require introduced and read.at,the:regu ` Iar:meeting of,the Cify Counc1I of -:A.Secondary units Nh,Il be lim• =fhe City of Livermore held on the r - ;ited.to lots havin not more:than ;11 day;of-'July,,1983, and finally _: _. .... one existing dwelling unit on`he adopted at the.regular meeting o s } v, = . said Council held on 66 25 day o lot." t ';B.;Secondary unls:.shallnot Ju1Xi-.I 3,.by the following vote: exceed 640 square feet nor contain ^;is YES*.COUNCILMEMBERS more than one.bedroom.and one STEIN,"BROWN,.WIESKAMP,� bathroom.: an in•, f,KAMENA;°MAYOR TURNERm crease in floor area is Involved, INOES:NONE t , 'the Increase shalt not exceed 10% 7 ABSENT:NONE .'r,'s2;"2tx1 of the floor space of the existing 7tcr• 4lfbi:'J dwell In :c; rr l+�Y";; c'•'�! (,,.;City of L,TURNER,Mayor�"� •,•'C. Detached secondary units 1 '-City of Livermore':�f.A tatXY shall be. "'t*.,....n?' r ATTEST'-�`w+tv : ti Jz, . 1.Limited to one story and fit- '/s/CAROLGREANY,Pty Clerkjr teen feet in height.':•/.;`.�;?;* i APPROVED AS TO .'. 2. Located to the.rear'oY_the .."'THOMAS R.,CUR RY..- i s 'existing dwelling.='--':x�';•1?rY'.;':' -Cis Y Y Attorne '-;•3..A minimum of ten feet from • ?4. G ;k;�;�ve•��S ,t�; the existing dwelling or'slde;or frt;Valley HeraId,,Le9at No..0951. rear non-street property lines ! August-8, 1983 •' D.Total lot coverage shall not exEeTherseco tndary unit shall be `� A> so designed_as Jo. maintain the appearance of;a single.family home.The doorway to the secon- y dart'unit shall not be on the,front W_-�;,,��•�;,,�-a,i���,,�;� .of the house.::+;,� -The m assed by unanimous vote . RE NO. 84-OS APPROVING TENTATIVE MAP 5264 ON PA 83-088 H & H DEVELOPMENT CO. PA 83-092 DRAFT ORDINANCE RELATING TO SECOND UNITS Mr . DeLuca presented the Staff Report, addressing the issue of consideration of the Draft Ordinance regarding Second Units located within an R-1 District . He listed, and elaborated upon, nine criteria which Staff felt necessary for control of second units : 1) Lot 2 ) Limitation 3 ) Size 4 ) Location 5 ) Parking 6 ) Design 7 ) Coverage 8 ) Occupancy Another criteria, not listed in the Staff Report, yet one which Staff felt essential, was that a minimum-tdistance of ten feet be _ maintained between the second unit and the original structure, if the second unit is to be detached. It was Staff ' s recommendation that the Planning Commission adopt - the resolution recommending that the City Council approve an ordinance relating to Second Units in R-1 Districts . Ms . Sarah Lester, 8595 Deervale Ave . , was on hand to encourage approval of the resolution, as well as to ask questions relating to a proposed project . Mr . Arnold Durrer, a Murietta Court resident, questioned the potential income-producing nature of the ordinance, and Mr . Tong noted that by nature of the criteria listed above, the residential character of the R-1 Districts would be protected. After the close of the public hearing, Cm. Petty made the motion, with Cm. Alexander ' s second, to approve the resolution recommending approval of the Second Unit Ordinance, with the addition of the ninth criteria, as suggested by- Staff . The motion was passed unanimously . RESOLUTION NO. 84-06 RECOMMENDING THAT PA 83-092, AN ORDINANCE RELATING TO SECOND UNITS IN R-1 DISTRICTS, BE APPROVED 0 BUSINESS None NEW BUSINESS None OTHER BUSINESS Cm. Petty asked for a status eport on the General Plan. Mr. Tong responded that the firs draft was due within the next few days . Cm. Vonheeder questioned whether the bruary 23 , 1984 , date had been finalized for the joint Planning C ission meeting, and Mr. Tong stated that it had not yet been fina° ' zed. Cm. Mack asked for the time and date of, the u coming LAFCO meeting, and Mr . Tong indicated that the meetin would take place at 7 : 30 p.m. , on January 18, at the City of Pleas nton City Hall . Cm. Alexander suggested arranging a social gathering in San Diego, at the Planning Commissioners Institute, for th new San Ramon Planning Commissioners . Mr. Tong was asked to con ct the San Ramon Planning Staff . Cm. Tenery requested Staff to draft a memo to the City Council requesting a City of Dublin after-hours, emergency, telephone number .