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Home My WebLink About5.1 Second Unit Ordinance in R-1 District of AGENDA STATEMENT MEETING DATE: February 27 , 1984 SUBJECT: Adoption of Second Unit Ordinance EXHIBITS ATTACHED: 1) Second Unit Ordinance 2 ) Resolution approving Second Unit Ordinance RECOMMENDATION: 1 ) Hear Staff presentation 2 ) Open public hearing 3 ) Hear public testimony 4 ) Close public hearing 5 ) Waive second reading and adopt Ordinance FINANCIAL STATEMENT: None DESCRIPTION: On February 13 , 1984 , the City Council adopted a resolution relating to second units in R-1 (Single Family) Districts and introduced the Second Unit Ordinance . The parking criteria and Severability Section of the Ordinance have been clarified, and minor corrections to the language have been made . Staff recommends that the City Council waive the second reading and adopt the Ordinance . ----------------------------------------------------------------- ITEM NO. 511 COPIES TO: 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: 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 cirteria 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 35% 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 or aesthetic considerations preclude 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 60% of the lot. 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 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 . Setback - If the second unit is detached, it shall be a minimum of ten feet from the principal unit. Section 4 . Severability: 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, the validity of the remaining portions of this Ordinance shall not be affected thereby . 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 RESOLUTION NO. 19-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ----------------------------------------------------------------- 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 that the draft Ordinance relating to second units PASSED, APPROVED AND ADOPTED this 13th day of February, 1984 . AYES : Councilmembers Drena, Hegarty, Jeffery, Moffatt, and Mayor Snyder NOES : None ABSENT: None Mayor ATTEST: City Clerk