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Home My WebLink About2003-07-09 Packet CITY OF UKIAH CITY COUNCIL AGENDA Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 9, 2003 3:00 p.m. - 5:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City's Boards and Agencies may be judicially challenged. 4. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 5. MINUTES a. Regular Meeting of May 21,2003 6. PUBLIC HEARING (Continued from June 18, 2003) a. Amendment of Introduced Ordinance Amending Articles 3, 4, 5, 6, and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code Pertaining to Residential Second Dwelling Units 7. COUNCIL REPORTS 8. CITY MANAGER/CITY CLI=RK REPORTS 9. CLOSED SESSION 10. ADJOURNMENT MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 21, 2003 The Ukiah City Council met at a Regular Meeting on May 21, 2003, the had been legally noticed and posted, at 4:00 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Baldwin, an( Councilmember absent: Smith. Staff present: Communi DeKnoblough, Finance Director Elton, Risk Manager/Budget Manager Horsley, Accounting Manager McCann, City Attorney Services Supervisor Sangiacomo, Director of Public Work eele, Stump, Police Chief Williams, and City Clerk Ulvila. Cel ling INTERVIEWS WITH APPLICANTS FOR APPI AND CREEKS COMMISSION The City Council conducted interviews of the newly created Paths, Open Space, and Connerton, Howie Hawkes, Dan Holbrook, Fred Kc Pletcher, William Randolph, William Smith, David Taxis, TO PATHS, OPEN applica r appointment to the Clark, James Misseldine, Suzanne or Zbitnoff. 6:26 p.m.- Recessed 6:40 p.m.- Reconvened 2. PLEDGE OF ALLEI Community Services Supervisor e of Allegiance. URGENCY ITEM' Mayor Larson that the immediate a~ need for act to the e~ng po and there is a need to take to the attention of the City subsequent City due to time urgency item Contract De Horsh 'ised the been working on a railroad depot project after the agenda was completed that, Council take action at this meeting. The ~s Authorization for City Manager to Execute an Amendment Historic Property Development, for Additional Work Project in an Amount Not to Exceed $7,000. M/S An~ by the folli Mayor Lars~ add the Urgency Item to the Agenda as item "10g", carried roll vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and NOES: None. ABSTAIN' None. ABSENT: Councilmember Smith. 3. Pi; Pr By American Red Cros-~ Gl ~nderson, Mendocino County Disaster Services Chair of the American Red Mendocino County, voiced her appreciation to the City Council for supporting efforts in serving the community. She made a presentation of appreciation to the Regular City Council Meeting May 21,2003 Page 1 of 16 City for providing the Todd Grove Room in January 2003 for training disaster health services personnel. Mayor Larson accepted the document on behalf of the City and thanked the for their efforts in all the things that they do. 3. PRESENTATION 3b. Presentation By Boys and Girls Club President 1A-48 Mike McCann, President of the Boys and Girls Club in Ukiah, on the Club, their history, and what they have been doing four years. He discussed working in coordination with t Summer Program that will serve children kindergarten a status for the strict on rade this summer. 4. INTRODUCTION 4a. Introduction of New Employee 1A-140 Community Development Director DeKno new Community Services Event Coordinator. While si primarily at the Ukiah Valley Conference Center, her wi~ many opportunities to be an part of all of the City's ,ordinator )/a Azzaro as the be serving the community Is will provide Ms. Maya Azzaro voiced h; ;ing hired by the 4. INTRODUCTION 4b. Introduction of New Em 1^-156 Planning Director Stump introdu( Compliance Cz He has be~ months, wo anning, Publ iance Coordinator the City's part-time Code :n employee of the City's for the past three and Fire Departments. Bill B~ expressed appreciation hired by the City. Ballagh in th work with. me that has received several compliments about Mr. been with the City about how pleasant he is to M~ ar Meetin 2003 Jla req that the draft minutes for the May 7, 2003 regular meeting the next City Council meeting of June 4th. s of the Council to continue the minutes to the next meeting. APPEAL read the appeal process. Regular City Council Meeting May 21,2003 Page 2 of 16 7. CONSENT CALENDAR 1A-198 Councilmember Baldwin expressed concern with item #7c and noted that the Summary Report mentions a number of projects and it seemed vague considering the potential for a $50,000 contract. He recalled that the contracted with Mr. Kennedy and set money aside specifically for him Orchard Avenue bridge separate from this project. nda City Engineer Steele explained that Mr. Kennedy was acting as which can only be done for a certain amount of time and that's why a consultant agreement. She explained that the goal is get funded so that we don't risk losing money on projects timelines. ~ee Councilmember Andersen inquired about item that the City would give to Mendocino Em~ inquired if other jurisdictions in the County Ihority (MESA). He City Manager Horsley explained that the City of Ukiah pays all their bills and handles the revenue and grants. financing because it is alrea~ y ha receive a service charge, a per( whether or not we get the m, covered for its time and agent for MESA and to provide The City will 3t depending on being sufficiently M/S Baldwin/Rodin approving follows: a. Approved Di: b. Adopted Service= c. Auth, tht d. A e. Received ~e Consent Calendar as Line of Credit For Mendocino Emergency Services Agreement Between y in an Amount "Not to Exceed" ager; f Litigation With River Watch; The City Council Regarding Acquisition of Services From City of g For Sound Management of the 2003 Sundays in the Amount of $6,000. roll call vote: AYES: Councilmembers Rodin, Andersen, NOES: None. ABSTAIN: None. ABSENT: 9~ COMMENTS ON NON-AGENDA ITEMS to address Council. BUSINESS ~iscussion and Appointment of Committee Members to the Council'ff Bilingual Committee Regular City Council Meeting May 21,2003 Page 3 of 16 1A-297 City Manager Horsley advised that at the April 16, 2003 City Council meeting, there was discussion of improving bilingual services, particularly between the )lice Department and the Latino community. City staff had already begun discus,, implemented several improvements in other departments of the City, Council asked that a committee be formed and that names be brought Council for discussion and decision. There would also be a meetin, ity members, staff, and Council regarding the relationship and service the Latino community, with a focus on the Police Department. The .nd City Manager's office contacted several community members and tr wide variety of agencies and groups in the Ukiah area. individuals and a list of names was provided in the )rt added as a representative of the Alliance for Human ~,also discussed City employees that would serve on the committee. All indivi~ als have stated th~ they are interested in serving on this committee Councilmember Andersen inquired as to ho~ on the list of committee members. selected to be Police Chief Williams explained that they are individual: the City of Ukiah that are in various community would provide positive input to t lity. ~e local and s and Ms. Araiza explained that listed and it would be a g with all of the people M/S Baldwin/Larson directing staff in the Staff Rep Councilmemb e committee. with the list provided ~ittee membership, and appoint Discuss~, issut community other issues. rpose, composition, and naming the Besides bilingual services, other ~i like the committee to consider include ~ch to the youth, gangs, business issues and body." ised the Brown Act regulations as it would pertain to the of the Brown Act that says that "^ commission, of a local agency, whether permanent or temporary, created by charter, ordinance, resolution or formal action If the committee is any of those things, the committee is subject I th M restating the motion that the City Council direct staff to form a with the list included in the Staff Report, adding Marlene Ruiz to the g Councilmembers Andersen and Rodin to the committee, carried by 3wing roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. Regular City Council Meeting May 21,2003 Page 4 of 16 gl UNFINISHED BUSINESS Discussion of the Issues and Questions To Be Included in the Comm Survey 1 B-24 City Manager Horsley advised that in March 2003, upon approval by th the City signed a contract with Data Trends Survey Research to instrument to sample public opinion among Ukiah residents and of concern to the City. survey ;sues Gig Hitao, Director of Data Trends, distributed an outlin. Council's input regarding potential questions for the Council, staff and Mr. Hitao regarding how the survey be targeted, and the topics of concern to the Council the survey, however, he noted that he would this time. Topics suggested for citizen input Councilmember Andersen: Traffic within the~! d ~d amc who should Councilmember Rodin: Do some people feel that th~ be willing to pay taxes in order to address some of the prol willing to pay more money to solve ~e problems? ~roblems and if they would :he citizens be Mayor Larson: Ask specific and alternatives? Would maintenance? with attitudes ;s tax in~ traffic congestion ~e dedicated to street Councilmember Rodin: How peo but not for roads? are people w lk their pay taxe ness to pay taxes for parks ~r? City, broken d Mana to "C Utiliti "Main Stre government as traffic, c the Poi u use the' the : What iic think about the effectiveness of the by recommended changing the "City ihe survey, changing "Utilities" to "Electric ind make it "Economic Development". The service and should be included under "non- What do people feel about the big issues that are ongoing, and the electric utility service? Have you been a victim of a responsive? Have you been to the park lately? How Do you attend Sundays in the Park? Do they attend Services Department provides? Have they taken a class ;rvices program? He would also like to see some sort of ~e City Council, such as what kind of job is the City Council doing and Io better? t wi Questions focused around how the citizens would like the Council to money that we are not going to be getting from various revenue sources Provide some guidance with regard to some budget decisions that Council g soon. Regular City Council Meeting May 21,2003 Page 5 of 16 Councilmember Baldwin: Suggested that the survey stay away from anything that we automatically can assume from a rhetorical question. Rather than talk about budget cuts, since we do pass resolutions in support of State legislation, there is the of piggy backing of local income tax that is being discussed now. Maybe there a section that is positive and more progressive rather than to meekly suggest where we are going to cut, lets suggest, "sales tax" and then as a "real estate transfer tax" or "fee". Would taxpayers support a small ~ack on the State income tax? Could we list three or four optional mean: while we can also point out that if we don't raise revenue, we will Mr. Hitao explained that the questions are designed to.:= prompting questions as well as asking opened ended City Manager Horsley noted the need to find out Ukiah and what they feel is so special about Ukiat people think is important Councilmember Andersen: Suggested General Plan in the community survey and gage negative feelings towards general statements in the Gel statements into something that represents what the vision out how people rank its im or do they agree wi businesses should be included ;nt from the .~ceptance, or positive or 'lan. Reduce some of the Ily is and find ~s concerning Mr. Hitao, what about ownership, apartments, visitors, related to City government servic businesses. tion, ;m? in , Chamber, home g business issues and recruitment of new Councilmem and if that': case, ~n: We hear': What is the that the City is not friendly to businesses, of business owners in the City? that items. Bald' discussed · ~rn with ranking the questions and felt separately from the Parks and Recreation member )wn amon ~rsen: With regard to housing, he encouraged that the survey be [nd homeowners, income categories, and where people live Mayor affordable I' apartment something th~ hig than asking the question of "Do you think we need more ~ing?" he preferred more specific questions that ask "Would you live in an dex if it was really neat looking, had a pool, a garden court, or had some appeal that compensated for the negative qualities of being dweller? Would creating condominiums out of rental units make it more people who are looking to build some equity and own their home? He :nded questions concerning Police Officers and focusing on what we would like do, such as busting speeders, drug dealers, and having an officer on duty at the school, etc. Would citizens like the City to put money into maintenance, major Regular City Council Meeting May 21,2003 Page 6 of 16 improvements, or increased maintenance? Would you support a valley wide parks and recreation district (a tax supported district)? ....... Councilmember Andersen: Recommended asking questions concerning and sidewalks. Mayor Larson: Should the City proceed to improve pedestrian commercial and residential areas? Should the City be creatin, understand that there is a direct correlation between water treatment that the City is obligated to provide? Do citizens be a necessity in the future for taxpayers to pay for fut water, treatment, and other basic services at an increase in fees' and wai Ihat both Councilmember Andersen' Recommended regarding their level of satisfaction with the upgrading the utilities, water issues could also ~n be asked of the citizen ilities, as power outag City Manager Horsley: In terms of a fee increase willing to pay more to underground utilities? ies, would the public be Councilmember Baldwin: To increases to create a significa~ going to pay for the $40 millic he would support Mayor questions. are the City's ~r source for the U ~ent exp~ er of fee How are we ~? He advised that inalize a list of priority Mayor Larson preferred to obtain m list. He would th. the list to be submitted. a list, then prioritize the Jncil for rewew and comment. It would then = 9C. 2A-21 City Mana Council recei' measure, wan: provide election. associated ;HED ESS ~n of iai Ballot ;s and Election Date Preference on the April 2, 2003 Council meeting, the City rmation from the City Attorney regarding wording for a potential requests the citizens to determine whether the Mayor's position She expressed the need for Council to discuss what it There is a deadline for the November 2003 election to t Board of Supervisors by July 8th requesting a consolidated Council, staff would begin working on the Resolution and Discussion concerning the pros and cons of placing a ballot measure on the or the March 2004 elections. It was felt by some Councilmembers that be more voters at the polls in March since it would be a presidential Regular City Council Meeting May 21,2003 Page 7 of 16 City Clerk Ulvila advised that the City's share of costs would be greater in March because Special Districts, School Districts, and County elections would take place in November. Discussion continued with regard to instant run off voting and it was n( isn't any way for the City to do that at the current time. Implementation system for the County was discussed and it was noted that there w~ election costs once it is put into service. votin( ditional Councilmember Andersen proposed an alternative ballot measu the option to increase the term of Mayor from two years ~r would be better than eliminating the office of elected appointed from the Council. City Attorney Rapport explained that the last t provided several options and it was one of the They wanted it to be more focused and giving them multiple choices, which tends to confuse ,me. from people. voters rather than Councilmember Baldwin was supportive of two competir order to give the people choi the ballot in Mayor Larson discussed th two years compared to a ballot if they could assure him that question on the ballot. He support Mayor should be elected separately. ,rving as Mayor for of including it on the take away from the main ballot as to whether the Councilmem of the o appointme ;ue an( ;eems like :he Council p~ b( It was the c. to present the 10a. a' 2A-189 City Clerk earlier in th~ and Creek ~embers Jre to the voters. BUSIN of R~ ,n that people are tired of the vacancy and it changed. She preferred to move ~ly chose for the measure and place it look at March 2003 as the target election date Making Appointments to the Paths, Open Space, · ~n ila advised that eleven applicants were interviewed by the City Council for the five vacant seats on the newly created Paths, Open Space, :ommission. Three seats must be City of Ukiah residents and two live within the Sphere of Influence. followed with regard to the nomination process. The matter of Robert residency was discussed and it was the consensus of Council to allow Mr. Regular City Council Meeting May 21,2OO3 Page 8 of 16 Clark to apply for upcoming appointments to other commissions once he has established his legal residency. M/S Baldwin/Rodin nominating Howie Hawkes to the Paths, Open Space, a~ Commission, to a three-year term expiring June 30, 2006; carried by the call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. M/S Larson/Baldwin nominating William Smith to the Paths, O Commission, to a three-year year term expiring June 30, 2006; fai roll call vote: AYES: Councilmember Baldwin and Councilmembers Rodin and Andersen. ABSTAIN: Non, !NT: Smith. Mayor Larson passed on making another M/S Andersen/Baldwin nominating William · · Creeks Commission, to a three-year term, ex following roll call vote: AYES: Councilmembers Rodin, Larson. NOES: None. ABSTAIN: None. ABSENT: Coul Open Space, and 0, 2006; carried by the sen, Baldwin, and Mayor M/S Rodin/Andersen nominat Creeks Commission, to a Pletcher to the P June 30, Space, and Mayor Larson noted that Ms. not be eligible for that seat. ~re of Influence and would Discussion Planning Di Council dif the the regard to explained tO con Ms. Pletcher's residence and location of the City's Sphere of Influence. of Influence map to determine R~ Reconvene ,r Larson not that Planning Director Stump has determined that Ms. the Sphere of Influence. M/S Irawing the motion. M/S outside the dwin nominating Fred Koeppel to the Paths, Open Space, and Creeks a three-year term, expiring June 30, 2006 as a resident that may reside but within the City's Sphere of Influence. Don noted that Mr. Koeppel's application was received two hours after the d~ Regular City Council Meeting May 21,2003 Page 9 of 16 Councilmember Baldwin was of the opinion that the appointment would create a liaison with the Parks, Recreation, and Golf Commission and he is also a member of the local business community. Councilmember Andersen agreed with Councilmember Baldwin's noted that Mr. Koeppel is a younger person in the community. Motion carried by the following roll Andersen, Baldwin, and Mayor Larson. Councilmember Smith. call vote: AYES: NOES: None. T: M/S Baldwin/Andersen nominating James Connerton Creeks Commission, to a two-year term, expiring following roll call vote: AYES: Councilmembers Ro Larson. NOES: None. ABSTAIN: None. ABSEI Space, ; carried by the ndersen, Baldwin, and mber Smith. ....... M/S Larson/Baldwin nominating William Commission, to a two-year term, expiring June 30, 20 pace, and Creeks Discussion followed with regard to Mr. Smith's experience. is a long term resident however; mentioned during his and some members of the would be unable to the Commission. hat Mr. Smith e travels a lot commitment to Councilmember Rodin noted for interests of the landowners in the strength that the City needs to have if Council would .r not filling all record si~ seats at t[ to represent the il that Mr. Smith brings the terms of skills. She inquired time. Di~ ard to open, the four to the candi~ to other candidates, keeping and the option of interviewing other Motion faili Mayor Larson. ABSENT: I vote: AYES: Councilmembers Baldwin and Councilmembers Rodin, Andersen, and Baldwin. ABSTAIN: Smith. M/S Commi~ nominat du Barrington to the Paths, Open Space, and Creeks lack of second. Mayor passed on making another nomination. M/S Ande~ ~/Baldwin nominating Dan Holbrook to the Paths, Open Space, and as a resident who may reside outside the City, and for a two-year June 30, 2005. C~ ilmember Rodin explained that the City would not have any willing property if there may be a perception that the interests of the property owners are not Regular City Council Meeting May 21,2003 Page 10 of 16 being heard. She is hesitant to fill the fifth position and close the door on it. That is why she would like Council to consider opening the nominations again and adding two more members to the Commission. Rex Eiffert, Ukiah, spoke to the issue of private property rights and that th, the western hills do not want people coming through their property. James Connerton, 906 North Oak Street, discussed why he al the Commission and noted that he is not educated concerning western hills. He felt it important to preserve and maintain the pro already owns, preserving the flow of the creeks through ti ity, up. relate ~s that th~ · ,nt to Mayor Larson explained that there is a significan going to consider the Commission as friend Andersen. It was his opinion that the whole of of the community that ~embers Baldwin an being considered. Councilmember Andersen expressed his curiosity of concern for property rights in the community why position on the Commission. He felt that everyone on the concerns. ere is' such an outpouring did not apply for a )roperty rights Ross Mayfield recomm~ Commission they can still outcome of the Motion carried by the following Andersen, Baldwin, and Mayor Lars~ Councilmember Councilmembers Rodin, · None. ABSENT: M/S Bald~ Paths, AYE~ AB~ Space, Comm making appointments to the carried by the following roll call vote: and Baldwin. NOES' Mayor Larson. Smith. 10. NEW E Status .SS n_q Code Compliance Propram PI efforts Staff is dE to the Co~ meantime, their own ~irector the status report concerning the code compliance the Department of Planning and Community Development. a grammatic approach to code compliance and will be returning to discuss priorities, procedures, and overall philosophy. In the has been responding to complaints and initiating code compliance on rant violations and/or unsafe conditions. e~ iance Coordinator Ballagh discussed sending letters to those individuals violation and has received about 50% compliance. He discussed the of a database for tracking violations. He will be developing a brochure Regular City Council Meeting May 21,2003 Page 11 of 16 related to banners and the City's sign program and distributing it to companies in Ukiah that make banners so that they and their customers will be aware of the regulations. Discussion continued with regard to portable car awnings that are placed in driveways, trash cans that are left in the street all week, the City's Street, sandwich board signs and concern with blocking sidewalks a design and size, banners on churches, overflowing dumpsters, poorly units, and current City regulations. as thei rental 10. NEW BUSINESS 10c. Discussion and Approval of Commitment to Fund Coyote Dam Raising Project Feasibility Study 2B-112 City Manager Horsley advised that at the M. Commission (IWPC) meeting, the IWPC to their agencies to request a commitment of year of the feasibility study to raise Coyote involved, the estimated range of necessary funding to $16,000-$20,000 per agency. Potter Valley, the Rus and Redwood Valley boards have already committed to t the request in order to from the commui Engineers for the project and th{ study. For of ~al basis, for the first umber of agencies year 2003-03 equates iver Flood Control District, ~PC is making Corps of Councilmember Baldwin The Army Corps of Engine Water Agency, and the Russian Ri agency. He felt the meeting was would be a positi' sitive 9eting on Tuesday. , Mendocino County all seeking to be the lead ~at this recommended action Mayor that he that a how and collecti they may and thi with Councilr atten~ a number of icant amou~ progress ha~ s observations. He reported ;IS lately with all of these agencies and ,n made. He expressed his concern with the kind of security that individual agencies 31e with before they relinquish any hold current time. He felt that all of the districts are taking this very in terms of each other's concerns, needs, and rights. Di ~ber Rodi ~g the .gency. ressed her lack of understanding as to why there's so much agency for the feasibility study and what's the advantage for ~r Baldwin explained that there is a perception that the lead agency the water rights. aker, Chairman of the Mendocino County Board of Supervisors and 2nd spoke on behalf of the Mendocino County Water Agency and its interest in g the dam and being designated lead agency by the Army Corp of Engineers. Regular City Council Meeting May 21,2003 Page 12 of 16 Considerable discussion followed between the City Council, Staff, and Supervisor Shoemaker regarding the project issues, such as designation of a lead the feasibility study, and water rights issues. The matter of how the raising would affect other cities and towns within Mendocino County was discus: Mayor Larson expressed the need that the City of Ukiah receive assu~ going to be charged huge amounts of money for the water that create in order to finance other projects unless there is some rec~ benefit it is not g to th. Supervisor Shoemaker suggested that the agencies brin~ before the Board's attention. ;~r and is,, Ross Mayfield, Ukiah, supported the County this project. ncy being the lead agency o Rosalind Peterson, P.O. Box 499, Redwo( being the lead agency because all of the agencies inw support of IWPC IWPC have a vote. Councilmember Baldwin was supportive of staff's re( concern that planners have meetings regarding this to be conducting a frantic was his opinion that the the City should support IWP, from attending his concern there is an nee( to obtai voiced his Supervisors' 9 County seems ~d General Plan. It the County and that commitment. Councilmember Andersen felt that we care about is ng the City at it from a ,erspective a He :! the County project. lcil has water ~ry narrow perspective and all He felt that we have to look uarantee our rights and concerns are met. being the lead agency on the SM has offered Mendocino · imum, th~ County of Mendocino Board of Supervisors pbell to meet regarding the issues of concern if the local sponsor, to create an advisory group that would include, C and other water purveyors in the valley. Di: of 9d :he Men( to the matter of creating mutual trust between the City County Board of Supervisors. Motion An, not make funding sh. that the City Council take Supervisor Shoemaker's suggestion and 9nt to funding specifically to IWPC but have language that the be for IWPC or any other agency that is designated lead agency status Dam feasibility study. Motion failed for lack of a second, C~ win/Larson approving commitment for funding to the Inland Water and Power ~ssion share as lead agency with the Army Corps of Engineers from $20,000 - 000 for the City's portion of this fiscal year's feasibility study funding. Regular City Council Meeting May 21,2003 Page 13 of 16 Mayor Larson recommended an amendment that should there be a change in lead agency representation that's acceptable to the City; the City of Ukiah wol consider financial support for the project. M/S Baldwin/Larson approving amendment to the motion. Motion restated for clarification: M/S Baldwin/Larson a funding to the Inland Water and Power Commission as the lead financial commitment of $20,000-$25,000 for the initial fundin, required by the Army Corps of Engineers as the City's for Dam raising project feasibility study, and should there ~ in is acceptable to the City, the City would still be open financial support for the project. for City Attorney Rapport interpreted the Staff be from $16,000 to $25,000 depending on He recommended that the motion be changed to read t of Isorship consider continued contribution could five participants. 000 ." M/S Baldwin/Larson amending the motion to state "up to the following roll call vote: S: Rodin, E NOES: Councilmember An~ N: None. AB~ Smith. carried by Larson. Councilmember 10. NEW BUSINESS 10d. Setting Date and Time for Accomplishments and Ob Risk Manager/I Officer Harri,, process is ncil's accomplisl ,nsideration recomm that a po date for 2003 meeting, nning at 4:00 2003-2004 Budget ised that a very relevant step in the budget the individual departments past year's upcoming year's objectives. He these items be just prior to the June 4, · It was the 2OO3-2OO4 on June 4, 2003 at 4:00 p.m. to present the :iah Fiscal Year Budget Accomplishments and Objectives. 10e. City to certain pf now is ~ideration of Letter to Assembly Member Laird Regardin__q Councilmember Rodin that there was money under Proposition 50 allocated throughout the state based on merit and cost-effectiveness. There is at the state level to use that money in other ways. Assemblyman Laird 1300 that would ensure the funds be allocated towards those projects. ~r Rodin asked that this be agendized and that Council send a letter of ihis bill· C~ ',ilmember Andersen advised that the City's Assesmblymember is currently a cosponsor of this legislation. Regular City Council Meeting May 21,2003 Page 14 of 16 M/S Andersen/Rodin approving letter to Assemblyman Laird regarding AB 1300. Councilmember Rodin requested that the letter also be sent to other legisl might vote "no" on this matter, and to the author of the bill. City Manager Horsley noted that the letter should also be sent to Berg since she sits on this committee. Motion carried by the following roll Andersen, Baldwin, and Mayor Larson. Councilmember Smith. call vote: AYES: NOES: None. A mbers ' ABSEf 10. NEW BUSINESS 10f. Adoption of Resolution Su Park Multi-Purpose Trail Planning Director Stump advised that implementing the Bicycle/Pedestrian Master Plan the Oak Manor Park/School multi-purpose trail. The Sal grant program established in 1999 through the passage recommended Council adopt the Resolution supporting For the Oak Manor consultants for a grant opportunity for to School (SR2S) is a ~ill 1475. He )n. M/S Rodin/Baldwin adopt School Grant Application Supporti~ Safe Routes to Trail John McCowen, Ukiah, recommer school grounds from the pathway th because it is used to separate the )r Park be a chain link fence Mi c~ AYES: Councilmembers Rodin, And~ · None. ABSTAIN: None. ABSENT: Coun, 10g. Authl Io Execute an Amendment to the Contract with Cl = Property Development, for Additional Work on thc itation Project in the Amount of Not to Exceed $7,000 Dire Jneer Steele advised that staff feels it is important to Coast Railroad Authority (NCRA) Depot Rehabilitation has Council to consider this as an urgency item. She reported is 3rized to receive $150,000 in TEA-21 federal funding to historic depot building on Perkins Street. NCRA is also committed to onal matched funding in the amount of $18,000 to the City of Ukiah to ~neering, construction, and administration tasks and also to serve as the One requirement of the federal funding is that a Negative Archeological ort (ASR) be prepared and submitted for review by the State Office of Preservation (SHPO). An application was submitted but it was rejected as in. The City's consultant from CIRCA: Historical Property Development, wor ;ed with SHPO to determine exactly what information is required for the review. Regular City Council Meeting May 21,2003 Page 15 of 16 The consultant feels confident that given the notice to proceed, the additional research and documentation can be completed within one month. M/S Andersen/Rodin authorizing City Manager to execute an contract with CIRCA: Historic Property Development, to perform additional NCRA Depot Rehabilitation Project in an amount not to exceed $7,000 following roll call vote: AYES: Councilmembers Rodin, Andersen, Larson. NOES: None. ABSTAIN: None. ABSENT: Councilm{ by Mayor 11. COUNCIL REPORTS Councilmember Andersen reported that he attended a meeting in Sacramento. He went on a "ride alon{ Supervisory Sage Sangiacomo. Zackary Warm( regarding the skateboard park. He met with Justi Warmouth and looked at the sites on Clay Street .n productive meeting. He appreciated Mr. Sang ue ia Servi( the Bay Area ~ri, Matt Wilson, and Road. It was a fur. Mayor Larson reported that he also attended the Lei Sacramento. alifornia Cities meeting in 12. CITY MANGER/CITY City Manager Horsley advi.~ Councilmembers. REPORTS Water Bond Coa ~ns available to Recessed: 11:26 p.m. 13. CLOSED SESSION a. Government Code {}549561 wi' ~al Property R~ 14. ADJOU There on May 22, Ow Nec Under N 1:20 a. and Conditions Conference with Real Property APN. 002-281-02, 03, and 04 ullerton Horsley Price and Terms of Payment 22, 2003. further business, the City Council meeting was adjourned at 1:20 a.m. M Ivila, City Clerk Regular City Council Meeting May 21,2003 Page 16 of 16 ITEM NO. 6a DATE: July 9, 2003 AGENDA SUMMARY REPORT SUBJECT: AMENDMENT OF INTRODUCED ORDINANCE AMENDING ARTICLES 3,4,5,6,7 AND 8 OF CHAPTER 2 OF DIVISION 9 (ZONING) THE UKIAH MUNICIPAL CODE PERTAINING TO RESIDENTIAL SECOND DWELLING UNITS SUMMARY: At its last meeting, the City Council introduced an Ordinance amending the Ukiah City Code regulations for residential second dwelling units. The Council also scheduled a special meeting on July 9, 2003 to further discuss the introduced Ordinance, with the possibility of amending it before taking action to adopt it. If the Council amends the introduced Ordinance, it would have to wait until the regularly scheduled meeting on July 16, 2003 to formally adopt it. Before introducing the Ordinance, the Council expressed concern about a number of the proposed regulations, but opted to introduce it because of the July 1, 2003 State deadline for local jurisdictions to amend their regulations. (continued on page 2) RECOMMENDATION: Conduct a public hearing and modify the Introduced Ordinance amending Articles 3,4,5,6,7 and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code pertaining to residential second dwelling units, and direct Staff to agendize it for adoption on July 16, 2003. ALTERNATIVE COUNCIL ACTIONS: Do not modify the Ordinance and direct Staff to agendize it for adoption on July 16, 2003. Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: , 2. 3. 4. Introduced Ordinance Existing Ordinance Copy of AB 1866 Copies of Ordinances recently adopted by other jurisdictions Issues: At the June 18, 2003 meeting, the Council directed Staff to generate additional information for continued discussions regarding the following issues: 1. Owner Occupancy As discussed on June 18, 2003, different jurisdictions are reacting differently to the owner occupancy issue. The City of Santa Rosa requires owner occupancy of one of the units, yet the City of Davis, Town of Portola Valley, and the City of Healdsburg do not. Santa Rosa made it a requirement based on the finding that owner occupancy would further their goal of not allowing single family residential parcels to "take on the characteristics of an absentee landlord duplex development." The City of Davis excluded the requirement from their Ordinance because they concluded it could violate the constitutional right to privacy and to equal protection of the law. They reasoned that owner occupied housing should be subject to the same requirements as rental housing, because there is no reasonable justification for making a distinction between owner occupied and rental housing. As was discussed at the June 18th meeting, it was the City Attorney's opinion that should the City Council decide to require owner occupancy of one of the units, it should make findings showing that the requirement is related to a valid purpose, and not based on a bias against renters or an assumption that renters as a class are less responsible or well- behaved than owners. However, upon reflection, the City Attorney believes the City Council could rely on the statute contained in AB 1866 for the authority to include an owner occupancy requirement, and that the rational basis for the requirement can be offered in court in defense of both the statute and local Ordinance, if it were ever challenged. It would be desirable, if Council members favoring this requirement could articulate during the meeting the reasons why they want to include it and how the requirement will further those goals. Such a discussion would become part of the record a court would review in deciding whether a rational basis exists, and the discussion may aid in the development of findings which Staff could help draft during the meeting. Recommendation: Determine if owner occupancy should remain a requirement for second units. If the Council concludes that it should be retained, list it as a requirement in the Ordinance. 2. Height of Unit As discussed at the June 18th meeting, the Planning Commission grappled with the height issues during their two public workshops and two public hearings. There was considerable discussion about the impact of second units being constructed on top of garages in a neighborhood predominantly comprised on single-story homes. The Commission, siding with the housing need argument, concluded that with the architectural compatibility and landscaping requirements would soften the impact. Other communities have approached the height limit differently: Portola Valley: 18 feet for a detached unit and 28 feet for an attached unit without discretionary review, and 24 feet for detached and 34 feet for attached with discretionary review. Davis: Same height requirement for the primary dwelling (varies in different zoning districts). Santa Rosa: Two stories, but no taller than 27 feet. Healdsburg: Detached units limited to 12 feet in height unless Planning Director determines roof pitch must be sharper to match primary dwelling - then the height can reach a maximum of 18 feet. Second units are allowed above garages to a height of 25 feet, but must have 10 foot side and rear yard setbacks, rather than the five for single story units. At the June 18th meeting, the Council expressed concern about the height issue, and appeared to disagree with the Commission. There are many alternative approaches the Council may want to consider. These approaches include, but are not necessarily limited to: · Limiting the height of the second unit to that of the primary residence. · Limiting the height of the second unit to twelve feet. · Limiting the height of the second unit to the maximum allowed in the zoning district. Allow for discretionary review (Use Permit) if an applicant desires a taller unit than allowed in the Ordinance, with the mandatory findings that the unit would not adversely impact the health, safety and general welfare of the neighboring property or public, and would not be out of character with the built environment of the neighborhood. Recommendation: Staff recommends that the Council establish the maximum height of second dwelling units and amend the introduced Ordinance accordingly. 3. Size of Unit The Planning Commission discussed the maximum size standard and decided to retain the existing language that allows the maximum size for a unit on a 6,000 square foot lot to be 640 square feet. They also retained the existing regulation allowing a 10% increase per 1,000 square feet of lot size up to a maximum 1000 square foot unit. Additionally, they felt that a 640 square foot unit should be allowed on a 5,000 square foot lot. Similar to other standards, different cities allow different maximum sizes: Santa Rosa: No new second units can have more than one bedroom, nor contain a total floor area in excess of 700 square feet. Davis: 500 square feet for attached second units, and 325 square feet for detached units. Healdsburg: 640 square feet with a 0.5% increase for every square foot of lot area over 6,000 square feet to a maximum size of 850 square feet. Minimum lot size: 4,500 square feet. Portola Valley: 200 square feet. Up to 750 square feet may be allowed through discretionary review. On June 18th, the Council discussed the size issue, and expressed concern about single-family residential neighborhood preservation. The Council has the authority to establish a new maximum size limit with the intent of preserving established residential neighborhoods. Recommendation: Establish a maximum size limit and amend the introduced Ordinance accordingly. 4. Architectural Compatibility The proposed Ordinance requires that proposed second dwelling units be architecturally compatible with the primary unit on the property. The Council suggested that second units should be compatible with both the primary unit and existing homes in the immediate neighborhood. Accordingly, the following alternative language could be used for Item D on page 1 of Exhibit "A": "Second units may be attached to existing single-family residences or detached as separate structures. Regardless, all proposed second units shall be architecturally compatible, and have design continuity with both the existing homes in the neighborhood and the existing primary unit on the property. "Architecturally compatible" means that the design, colors, and materials are similar." The approaches taken by other communities include the following: Santa Rosa: "The second dwelling unit shall incorporate the same or substantially similar architectural features, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties." Davis: None Portola Valley: "The second unit shall have colors, materials and architecture similar to the principal dwelling. Architecture not similar to the architecture of the principal dwelling is subject to [discretionary review]." Recommendation: Consider the language recommended above, approaches taken by other communities, finalize the standard(s) compatibility, and amend the introduced Ordinance accordingly. as well as the for architectural 5. Yard Setbacks There was some discussion of yard setbacks at the June 18th meeting, particularly as they applied to a two-story second unit. Concern was expressed that a two-story unit with a 5- foot setback from the property line could be imposing on the neighboring parcel. As indicated above, Healdsburg requires second story units to be setback 10-feet, rather then the 5-feet required for single story units. Such a setback would also provide additional space for new trees to grow, and for mature trees to be preserved. If the Council decides to allow second story second units, it might consider increasing the yard setback requirement. Recommendation: Determine the appropriate yard setbacks for single and 2-story second units (if permitted), and amend the introduced Ordinance accordingly. 6. Access Driveway Width The introduced Ordinance requires an 18-foot width for driveways accessing second units. The purpose of this requirement is to ensure fire truck access to second units that are located at the rear of parcels. However, based on the discussion at the Council meeting on June 18th, where there seemed to be consensus to provide some flexibility, if possible, Staff discussed the matter further with the Fire Marshal. He indicated that driveway width is not a significant factor if the second dwelling unit is less than 150 feet from the street. This is the distance the firefighters can drag their hoses to extinguish a residential fire. With the Fire Marshal's assistance, the following alternative language is recommended: "The minimum width of a driveway serving a second dwelling unit shall be 18- feet, unless the City Fire Marshall determines that adequate fire protection can be provided to the second unit even though the driveway has a width less than 18-feet." Recommendation: Consider the language standard(s) for access driveway width, and accordingly recommended above, amend the introduced finalize the Ordinance 7. Privacy Protection and Landscaping Requirements There was Council consensus that the language in Item M of the proposed Ordinance addressing privacy protection should be strengthened. The City of Santa Rosa Ordinance includes language more detailed than ours concerning the placement of windows, balconies, and doors on second story units. If the Council chooses to allow second story units, it may want to consider similar language: "Any balcony, window or door of a second story second dwelling unit shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners." Recommendation: Consider the language recommended above, finalize the standard(s) for privacy protection and landscaping requirements, and amend the introduced Ordinance accordingly 8. Exceptions Item "P" in the introduced Ordinance provides relief from any of the regulations through the Variance process. Other jurisdictions typically provide relief though Use Permit, Variance, or Design Review process. There was some discussion at the June 18th council meeting concerning adding minor "exceptions" that could be allowed without going through the formal relief process, similar to the approach taken in the draft Sign Ordinance. If the Council wants to ad an "exceptions" provision, it should establish a list of exceptions that can be granted administratively without the need for formal relief. Recommendation: 1) Determine what type of regulation "relief" process is appropriate and amend the introduced ordinance if necessary; and 2) Consider adding a provision for minor "exceptions", list the exceptions, and amend the introduced Ordinance accordingly. 9. Excluding Second Units from Specific Areas As the City Attorney indicated at the June 18th meeting, AB 1866 does allow the City council to preclude second dwelling units in specific areas within single-family and multi- family residentially zoned districts, provided specific findings are made. These findings include an acknowledgement that by precluding second units in a particular area, it may limit housing opportunities in the region, and that specific adverse impacts on the public health, safety, and welfare would result from allowing second units in those particular areas. At the June 18, 2003 Council meeting, there was discussion concerning the possibility of precluding second units from the Single-Family Residential Hillside Zoning District. It was mentioned that the Planning Commission was finalizing its review of the Hillside Zoning Regulations, and perhaps that would be the more appropriate forum for determining whether second units should or should not be allowed in the Hillside District. However, it as also pointed out that the Council could address it in the subject Ordinance by making the required findings listed above. If the Council wants to prohibit second units in all or part of the Hillside Zoning District, it should focus its discussion on specific conditions in those areas which would cause second units to have specific adverse impacts on the public health, safety, and welfare. Subsection (a) in Government Code Section 65852.2 specifically identifies adequate water and sewer services and traffic as valid criteria, but other criteria related to public health, safety and welfare can be considered as well, including, for example, aesthetics and fire safety. If the Council makes such findings, it should base them on facts and information available to it and it would be desirable to reference the facts or their sources in the findings. Recommendation: 1) Decide whether to address this issue with the Hillside Development Regulations revisions or with the subject Ordinance; and 2) If the Council decides to address the issue with the subject Ordinance, discuss whether second units should be precluded from any specific areas within single-family and multi-family residentially zoned areas, and if it is concluded that they should be excluded, make the required findings to be included in the Ordinance, and amend the Ordinance accordingly. CONCLUSION: The Planning Commission began its discussions of responding to AB 1866 late last year and conducted a number of public hearings to revise the existing regulations. With the assistance of the interested citizens, the Commission crafted a draft Ordinance for the Council's consideration. The Council conducted a public hearing on June 18, 2003, and introduced the ordinance as recommended by the Planning Commission. In doing so, it acknowledged that it was uncomfortable doing so, that additional information was needed, and that the introduction was necessary because of the Sate imposed deadline for local jurisdictions to amend their Ordinances. The Council continued the public hearing to July 9, 2003 to revisit the introduced Ordinance, receive additional information, and potentially amend it. The Ordinance is scheduled to be formally adopted at the regularly scheduled City Council meeting on July 16, 2003. Staff has reviewed a number of ordinances recently adopted by other communities, and has provided additional information and ideas for alternative approaches regarding a number of topics for the Council's consideration. In terms of making required findings for certain actions, Staff and the City Attorney will assist the Council as the discussions reveal its concerns. COUNCIL DISCUSSION: Staff suggests that after the public hearing, the Council discuss items 1-9 listed above, and any other issues, and amend the introduced Ordinance accordingly. RECOMMENDATION: Conduct a public hearing and modify the Introduced Ordinance amending Articles 3,4,5,6,7 and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code pertaining to residential second dwelling units, and direct Staff to agendize it for adoption on July 16, 2003. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 3, 4, 5, 6, 7, AND 8 OF CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH MUNICIPAL CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah Municipal Code, Division 9, Chapter 2 (Zoning) is amended by revising the allowed and permitted land use sections in the R-1 (Single Family Residential), R-2 (Medium Density Residential), R-3 (High density Residential), C-N (Neighborhood Commercial), C-1 (Community Commercial), and C-2 (Heavy Commercial) Zoning Districts as indicated on the attached Exhibit "A." SECTION TVVO The amendments to Article 21 of Chapter 2 of the Ukiah Municipal Code include Making second dwelling units "allowed" rather than "permitted" land uses, which means that no discretionary review or public hearings are required. The amendments also revise the standards for developing second dwelling units. SECTION THREE This amendment to Article 21 of Chapter 2 of the Ukiah Municipal Code is necessary to achieve consistency with Assembly Bill 1866 signed into law on September 29, 2002. SECTION FOUR The revisions to the second dwelling unit regulations are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15282(i) of the CEQ^ Guidelines. SECTION FIVE This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page1 of 4 SECTION SIX This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on June 18,2003 by the following roll call vote: AYES: Councilmember Rodin, Anderson, Smith, Baldwin, and Mayor Larson NOES' None ABSENT: None ABSTAIN' None Passed and adopted on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page2 of 4 EXHIBIT A Ordinance No. Add the following to "Allowed Uses" in the R1 (Section 9017) R2 (Section 9031) R3 (Section 9046) CN (Section 9061) C1 (Section 9081) and C2 (Section 9096) Zoning Districts. Also delete second dwelling units in "Permitted Uses" in the R-1 Zoning District (9017) and CN Zoning District (9062): Second dwelling units on parcels developed with a single-family residence subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing second dwelling units as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Ex!sting un!ts.must have an approved Use Per.m. i'. ,,-,... ....~"' ,..,.,,.,o~,~.-.,..-~..... ,.......,.... ....oo ..o ...~-..~'"'"°~ ........,,~" Existing second dwelling units as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. Exist!rig second dwelling units created w!thout the benefit of a Use Permit ,.":hen one '.".'as requ!red may be legalized prov!ded they '"""-',,',~,, ,,,i,~, ,~,... development o,o,.,,~o,.~o ~,.,,. ,,,,.h ,,,,i,o i,., ..~..,-, o, ,ho ,i,-~.-. ,.,~ thei~ 11~v, , , lil~,] iiii~i i l~l i ~i~ ~i~ I~ ~ l l ~i ~iii~ l Ni~ ~12 ,vi ~i~ ~i~ vi i ~1~i, l i ~,~i,~ il i ~, , Ni~ %1~ ill Iii~ l, I~1 1 ~ii~ ~,11 i i~i~ vi B. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the R-1 Zoning District, and any other requirements of the Ukiah Municipal Code are met. C. The second unit may be used for rental purposes. D. Second units may be attached to existing single-family residences or detached as separate structures. Regardless, all proposed second units shall be architecturally compatible, and have design continuity with e×isting homes in the neighborhood the existing primary unit on the property. "Architecturally compatible" means that the design, colors, and materials are similar. E. The minimum lot size upon which a second unit may be placed is five si× thousand (56,000) square feet for an interior lot, and seven thousand (7,000) square feet for a corner lot. F. The maximum size of a second unit is six hundred forty (640) square feet for a lot between five thousand (5,000) and six thousand (6,000) square feet lot orten percent (10%) of the lot size to a maximum permitted size of one thousand (1,000) square feet for lots over six thousand (6,000) square feet. G. Parking requirements for the second unit shall be one off-street independently accessib!c (independently accessible or tandem} for each bedroom in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space for the second dwelling unit shall be required. ORDINANCE NO. Page3 of 4 H. The second unit must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the City with the type of meter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second dwelling unit. I. The second unit shall comply with all applicable Building Code and Ukiah Municipal Code requirements. J. Attached second units shall ordinarily be limited to a maximum height of thirty feet (30') or the height of the primary residence, whichever is less. u,q!ess it ~- determined in tho ~1~1 ~lli, l~l ] , ~ . I[.. ~1 t[[~t il Iii ~ ' '1~' ltl ~i, ~t[l [ ..V~I~ I Iii [iii, t~lJ Il ' I~[ il IV ~[[ll[ .h~"~*h,.--.,.. --'~-,~"~"*". ,.""'.~ ,~'"""~'" I._. -. ,:,,l~,,.._.._. -. Detached second units, including those constructed above garages, shall be limited to a height of thi~ feet (30'). K. The following yard setback requirements shall supersede the yard setback standards for ~in,-~l.'-l{~r~i:,, r-~c~i,-i.-.n~-,.'-c~ in th.'. I~_'1 7,'~nin,-~ I~i~fri~-,f .n,-i eh~ll en-'.,',i{i,'.~lh, apply to all second dwelling units: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). 2. Side Yard' Five feet (5'). 3. Rear Yard: Fifteen feet (15'), unless if the property has frontage on an alley, the rear yard setback shall be five feet (5') from the outside boundary of the alley or fifteen feet (15') from the center line. Existing structures proposed for conversion to a second dwelling unit must comply with the above yard setback requirements. L. The proposed second unit shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family residence unless it is not obviously visible from the street in front of the residence. M. Second dwelling units located on a second story shall not have bedroom or living room windows overlooking the yards of adjacent properties without adequate landscaping and trees to preserve privacy. N. Driveways accessing second dwelling units shall be setback a minimum of five feet (5') from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. O. The minimum width of a driveway serving a second dwelling unit shall be eighteen feet (18'). P. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the Variance process pursuant to Article 20. ORDINANCE NO. Page4 of 4 Second dwelling units subject to the following criteria: A. The requirements of this subsection are applicable to all existing second units as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing units must have an approved use permit to be considered as a legal use. Existing second dwelling units as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. Existing second dwelling units created without the benefit of a use permit when one was required may be legalized with the approval of a use permit if they comply with the development standards for such units in effect at the time of their creation. B. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the R- 1 Zoning District are met. C. The second unit may be used for rental purposes. D. Second units may be attached to existing single-family residences or detached as separate structures. Regardless, all proposed second units shall be architecturally compatible, and have design continuity with existing homes in the neighborhood. E. The minimum lot size upon which a second unit may be placed is six thousand (6,000) square feet for an interior lot, and seven thousand (7,000) square feet for a comer lot. F. The maximum size of a second unit is six hundred forty (640) square feet for a six thousand (6,000) square foot lot or ten percent (10%) of the lot size to a maximum permitted size of one thousand (1,000) square feet for lots over six thousand (6,000) square feet. G. Parking requirements for the second unit shall be one off-street independently accessible parking space, in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space for the second dwelling unit shall be required. H. The second unit must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the City with the type of meter arrangement at the property owner's option. I. Attached second units shall ordinarily be limited to a maximum height of thirty feet (30') or the height of the primary residence, whichever is less, unless it is determined in the discretionary review process that a higher structure would not adversely impact the public health, safety, and general welfare. Detached second units shall ordinarily be limited to a maximum height of twenty feet (20') or the height of the primary residence, whichever is less, unless it is determined in the discretionary review process that a higher structure would not adversely impact the public health, safety, and general welfare. Second units above garages are limited to a maximum height of thirty feet (30'). J. The following yard setback requirements shall supersede the yard setback standards for single-family residences in the R-1 Zoning District, and shall specifically apply to all second dwelling units: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). 2. Side Yard: Five feet (5'). 3. Rear Yard: Fifteen feet (15'), unless if the property has frontage on an alley, the rear yard setback shall be five feet (5') from the outside boundary of the alley or fifteen feet (15') from the center line. K. The proposed second unit shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family residence unless it is not obviously visible from the street in front of the residence. L. One of the units on the parcel must be occupied by the property owner. Assembly Bill No. 1866 CHAPTER 1062 An act to amend Sections 65583.1, 65852.2, and 65915 of the Government Code, relating to housing. [Approved by Governor September 29, 2002. Filed with Secretary of State September 29, 2002.] LEGISLATIVE COUNSEL'S DIGEST AB 1866, Wright. Housing: density bonuses. (1) The Planning and Zoning Law requires the housing element of the general plan of a city or county, among other things, to identi~ adequate sites for housing, including rental housing, factory-built housing, and mobilehomes, and to make adequate provision for the existing and projected needs of all economic segments of the community. That law permits the Department of Housing and Community Development to allow a city or county to identify adequate sites by a variety of methods. This bill would authorize the department to also allow a city or county to identify sites for 2nd units based upon relevant factors, including the number of 2nd units developed in the prior housing element planning period. (2) The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units on parcels zoned for a primary single-family and multifamily residence, as prescribed. _ ~"~This bill would require, when a local agency receives its first application on or after July 1, 2003, that the application shall be considered ministerially without discretionary review or hearing, notwithstanding other laws that regulate the issuance of variances or special use permits. The bill would authorize a local agency to charge a fee to reimburse the agency for costs it incurs as a result of these provisions. (3) The Planning and Zoning Law also requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with incentives or concessions for the production of lower income housing units within the development if the developer meets specified requirements. Existing law requires the local government to establish procedures for carrying out these provisions. This bill would revise those provisions to refer to an applicant who proposes a housing development and would recast them to, among other things, revise criteria for making written findings that a concession or 90 Ch. 1062 2. incentive is not required, add criteria for continued affordability of housing in a condominium project, authorize an applicant to request a meeting on its proposal for a specific density bonus, incentive, or concession or for the waiver or reduction of development standards, and exempt developments meeting certain affordability criteria from specified laws. By increasing the duties of local public officials, the bill would impose a state-mandated local program. The bill would also authorize an applicant to initiate judicial procee, dings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession in violation of these provisions, and would require the court to award the plaintiff reasonable attorney's fees and costs of suit. It would authorize a local agency to charge a fee to reimburse it for costs that it incurs as a result of these provisions. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION I. Section 65583.1 of the Government Code is amended to read: 65583.1. (a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for compliance with state law, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or moi:e categories. The department may also allow a city or county to identify sites for second units based on the number of second units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the depament. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article. (b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and 9o $ Ch. 1062 Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law I01-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if' the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision Co) of Section 65400. (c) (1) The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community's obligation to idemify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 if the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to Iow- and very Iow income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following: (A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision. (B) Indicate the ntunber of units that will be provided to both Iow- and very Iow income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents. (C) Demonstrate that the units meet the requirements of paragraph (2). (2) Only units that comply with subparagraph (A), (B), or (C)qualify for inclusion in the housing element program described in paragraph (1), as follows: (A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community's stock of housing affordable to Iow- and very low income households. For purposes of this subparagraph, a unit is not eligible to 90 Ch. 1062 4 be "substantially rehabilitated" unless all of the following requirements are met: (i) At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and OW) the unit has been cited and found by the local code enforcement agency or a court to be unfit for human habitation and vacated or subject to being vacated because of the existence for not less than 120 days of four of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code. (ii) The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation, except that if the period is less than 20 years, only one unit shall be credited as an identified adequate site for every three units rehabilitated pursuant to this section, and no credit shall be allowed for a unit required to remain affordable for less than 10 years. (iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements. 03) Units that are located in a multifamily rental housing complex of 16 or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or · the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community's stock of housing affordable to low- and very Iow income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following-occur: (i) The unit is made available at a cost affordable to Iow- or very Iow income households. (ii) At the time the unit is identified for acquisition, the unit is not available at a cost affordable to low- or very low income households. (iii) At the time the unit is identified for acquisition the unit is not occupied by Iow- or very Iow income households. 90 Ch. I062 (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) The acquisition price is not greater than 120 percent of the median price for housing units in the city or county. (vi) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very Iow income for not less than 30 years. (C) Units that will be preserved at affordable housing costs to persons or families of Iow- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur: (i) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to and reserved for occupancy by persons of the same or lower income group as the current occupants for a period of at least 40 years. (ii) The unit is multifamily rental housing that receives governmental assistance under any of the following state and federal programs: Section 221 (d)(3) of the National Housing Act (12 U.S.C. Sec. I715/(d)(3) and (5)); Section 236 of the National Housing Act (12 U.S.C. Sec. 1715z-1); Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 170lq); for rent supplement assistance under Section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. Sec. 1701s); under Section 515 of the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485); and any new construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance, under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. See.. 14370; any state and local multifamily revenue bond programs; local redevelopment programs; the federal Community Development Block Grant Program; and other local housing assistance programs or units that were used to qualify for a density bonus pursuant to Section 65916. (iii) The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to Iow- and very Iow income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. 90 Ch. 1062 -- 6-- (3) This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any such housing unit that a building permit has been issued and ali development and permit fees have been paid or the unit is eligible to be lawfully occupied. (4) For purposes of this subdivision, "committed assistance" means that the city or county enters into a legally enforceable a~eement during the first two years of the housing element planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. "Committed assistance" does not include tenant-based rental assistance. (5) For purposes of this subdivision, "net increase" includes only housing units provided committed assistance pursuant to subparagraph (A) or (]3) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period. (6) For purposes of this subdivision, "the time the unit is identified" means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation. (7) On July 1 of the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30. days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July I of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number 90 Ch. 1062 of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing trait within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of paragraph (2) in the housing element that it adopts for the next planning period, as defined ia Section 65588, above the number of units actually provided or preserved due to committed assistance. SEC. 2. Section 65852.2 of the Government Code is amended to read: ~-- 65852.2. (a) (1) Any local agency may, by ordinance, provide for ~"-the creation of second units in single-family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of second units. (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives 90 3-7 Ch. i062 8 its first application on or after July 1, 1983, fbr a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review 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 or 6590(5, every local agency shall grant a variance or special use permit for the creation of a second unit if the second unit complies with all of the following: (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 existing single-family dwelling. CD) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of the existing living area. (F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings, as appropriate. (I) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. 90 9 Ch. 1062 (5) A second unit which conforms to the requirements of ~s~ subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. ~ (c) No local agency shall adopt an ordinance which totally precludes second units within single-family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. (d) A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum or maximum size for a second unit, 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. (e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requkements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000). (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. (h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: 9o Ch. 1062 m 10 -- (1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleepingl 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 defined in Section 17958.1 of Health and Safety Code. (13) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second units. SEC. 3. Section 65915 of the Government Code is amended to read: 65915. (a) When an applicant proposes a housing development within the jurisdiction of a city, county, or city and county, that local government shall provide the applicant incentives or concessions for the production of housing units as prescribed in this chapter. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented. Co) A. city, county, or city and county shall either grant a density bonus and at least one of the concessions or incentives identified in subdivision 0), or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development agrees or proposes to construct at least any one of the following: (1) Twenty percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code. (2) Ten percent of the total units of a housing development for very Iow income households, as defined in Section 50105 of the Health and Safety Code. 90 -- 11-- Ch. 1062 (3) Fifty percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.3 of the Civil Code. (4) Twenty percent of the total dwelling units in a condominium project as defined in subdivision (f) of Section 1351 of the Civil Code, for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. The city, county, or city and coun.ty shall grant the additional concession or incentive required by this subdivision unless the city, county, or city and county makes a written finding, based upon substantial evidence, that the additional concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all lower income density bonus units for 30 years or a longer period of time if requked by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for lower income households, as defined in Section 50079.5 of the Health and Safety Code, shall be affordable at a rent that does not exceed 30 percent of 60 percent of area median income. Those units targeted for very low income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income. (2) An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of the moderate-income units that are directly related to the receipt of the density bonus for 10 years if the housing is in a condominium project as defined in subdivision (f) of Section I351 of the Civil Code. (d) An applicant may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (1) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents, for the targeted units to be set as specified in subdivision (c). (2) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or 9o Ch. 1062 -- 12-- on any real property that is listed in the Califomia Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county shall also establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision Co) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. Ifa court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards 90 m 13 m Ch. I062 that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) (1) For the purposes of this chapter, except as provided in paragraph (2), "density bonus" means a density increase of at least 25 percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, tO require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. The density bonus shall not be included when determining the number of housing units which is equal to 10, 20, or 50 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. (2) For the purposes of this chapter, if a development does not meet the requirements of paragraph (1), (2), or O) of subdivision (b), but the applicant agrees or proposes to construct a condominium project as defined in subdivision (f) of Section 1351 of the Civil Code, in which at least 20 percent of the total dwelling units are reserved for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, a "density bonus" of at least 10 percent shall be granted, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. Ail density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. The density bonus shall not be included when determining the number of housing units which is equal to 20 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. (h) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing 90 Ch. 1062 -- 14 -- multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (i) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law. (j) For the purposes of this chapter, concession or incentive means any of the follc~wing: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or' planned development in the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions. This subdivision does not limit or require the provision of direct financial 'incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (k) Ifan applicant agrees to construct both 20 percent of the total units for lower income households and 10 percent of the total units for very Iow income households, the developer is entitled to only one density bonus and at least one additional concession or incentive identified in Section 65913.4 under this section although the city, city and county, or county may, at its discretion, grant more than one density bonus. (/) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act 90 --15-- Ch. 1062 ('Division 20 (commencing with Section 30000) of the Public Resources Code). (m) A local agency may charge a fee to reimburse it for costs it incurs as a result of amendments to this section enacted during the 2001-02 Regular Session of the Legislature. (n) For purposes of ti'tis section, the following definitions shall apply: (1) "Development standard" means any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution bemuse a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. MINISTERIAL SECOND UNITS AN ORDINANCE OF THE CITY OF DAVIS AMENDING CHAPTER 40 OF THE MUNICIPAL CODE TO ESTABLISH PROVISIONS FOR MINISTERIAL REVIEW OF SECONDARY DWELLING UNITS IN ALL ZONES WHERE SINGLE FAMILY HOMES ARE A PERMITTED USE. WHEREAS, it is the purpose of the Zoning Ordinance of the City of Davis is to establish a precise and detailed plan for the use of land in the City based on the General Plan; WHEREAS, Califomia Government Code §65852.2 requires cities to establish standards by no later than July 1, 2003 to allow for ministerial secondary dwelling units so as to increase the supply of smaller, affordable housing while ensuring that they remain compatible with the existing neighborhood. WHEREAS, the proposed amendments meet the intent of the California Government Code by providing for an option to build a small, secondary dwelling unit or guest house in all zones that permit single family dwellings and have no more than one single family home existing on the property. WHEREAS, the proposed amendments provide for the approval of small secondary units ministerially, but do not prohibit the construction of larger discretionary secondary dwelling units as may be provided for in the zoning of the property. WHEREAS, it is important to have clear, consistent, easy to use and interpret regulations within the Zoning Ordinance; WHEREAS, the Planning Commission held a public hearing on May 20, 2003 to consider the amendments and to recommend that the City Council adopt the amendments to the Code; and WHEREAS, the City Council held a public hearing on May 21, 2003 to consider adoption of the amendments to the Code. WHEREAS, the City Council finds that Negative Declaration #20-02 was prepared to evaluate the environmental impacts of the proposed ordinance amendments, and determined that no significant impacts would result from the adoption of these amendments. NOW THEREFORE, the City Council of the City of Davis does hereby ordain as follows: Section 1. Purpose. The purpose of these amendments is to comply with amendments made in 2002, to California Government Code {}65852.2 which requires cities to set standards for the development of second dwelling units with ministerial review in an effort to increase supply of small, affordable housing units while ensuring that those units remain compatible with the existing neighborhood. Section 2. Definitions. (1) Section 40.01.010 of the City Zoning Ordinance (Definitions) is hereby amended to add the following: "Secondary Dwelling Unit" means any residential dwelling unit which provides complete independent living facilities on the same parcel where at least, but no more than, one legal single-family residence exists and includes the permanent provisions for living, sleeping, eating, cooking, and sanitation. (2) Section 40.01.010 of the City Zoning Ordinance (Definition of Guest House) is hereby amended to read as follows: "Guest House" means living quarters or conditioned space within an accessory building for the use of persons living or employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters may have bathroom facilities (toilet, sink, tub/shower) and shall have no kitchen facilities. Such qua~ers shall net be rented er other, vise be used as a ~.~,~.~,.n4. v,.~.~ ~ vv ~.~.~.~xJ.~, Section 3. Guest Houses (1) Section 40.03.040(el) and 40.04.040 (11) (Guest houses in R-1 and R-2 zoning) is hereby amended as follows: Guest Houses. Guest houses are conditionally allowable accessory structures, subject to the granting of a Conditional Use Permit (CUP) unless specifically allowed pursuant to Section 40. 26. 450 of this Chapter. Guest houses shall comply with all the requirements of an accessory structure and the following: & ~ guest h ...... ho~ ~,,,~,, ~, ..... ~ by ,ho occupants ~,f,h~ principal ~*-,~* ...... ~ ,h~; ...... ~. Section 4. Second Dwelling Unit/Guest House Standards (1) Section 40.03.040(e) and 40.04.040 (1) (Conditional uses in R-1 and R-2 zoning) is hereby amended as follows: Second Dwelling Unit. Second dwelling units are conditionally allowable accessory structures, subject to the granting of Conditional Use Permit (CUP) unless specifically allowed pursuant to Section 40. 26. 450 of this Chapter. Detached second dwelling units shall comply with all the requirements of an accessory structure. Secondary units shall comply with the following: (2) Section 40.03.040(e5) (Second Dwelling Unit in R-1 zoning) is hereby amended as follows: The unit created shall be for the purpose of owner occupancy or rental only, and no separate unit shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing'cooperative or subdivision map. If created er used for rental, the or, ruer shall .... r~ .... r ...... r .................... ~, .............. g unit. Section 5. Accessory Uses Permitted. (1) Section 40.03.030 (Accessory use permitted in an R-1 district) is hereby amended to add the following: O0 Secondary dwelling units meeting the requirements of section 40.26. 450 (ministerial secondary units). (2) Section 40.04.030 (accessory uses permitted in an R-2 district) is hereby amended to add the following: O0 Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial secondary units). (3) Section 40.05.040 (accessory uses permitted in the C-RI district) is hereby amended to add the following: (g) Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial secondary units). (4) Section 40.06.030 (accessory uses permitted in the R-R district) is hereby amended to add the following: (e) Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial secondary units). (5) Section 40.07.030 (accessory uses permitted in the R-2-MH district) is hereby amended to add the following: O0 Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial secondary units). (6) Section 40.08.030 (accessory uses permitted in the R-3 district) is hereby amended to add the following: O0 Secondary dwelling units meeting the requirements of section 40.26. 450 (ministerial secondary units). (7) Section 40.09.030 (accessory uses permitted in the R-HD district) is hereby amended to add the following: (e) Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial secondary units). (8) Section 40.11.030 (accessory uses permitted in the R-C district) is hereby amended to add the following: (c) Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial I secondary units). I (9) Section 40.14.030 (accessory uses permitted in the C-C district) is hereby amended to add the following: (d) Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial I secondary units). I (10) Section 40.15.030 (accessory uses permitted in the M-U district) is hereby amended to add the following: (e) Secondary dwelling units meeting the requirements of section 40. 26. 450 (ministerial I secondary units). I Section 6. Ministerial Secondary Dwelling Units and Guest Houses. Section 40.26 (Special Uses) is hereby amended to add Section 40.26.450 (Ministerial Secondary Dwelling Units and Guest Houses) as follows: (A) Purpose. The purpose of these amendments is to comply with amendments made in 2002, to California Government Code ~65852.2 which provides for cities to set standards for the development of second dwelling units with ministerial review in an effort to increase supply of small, affordable housing units while ensuring that those units remain compatible with the existing neighborhood. It is not the purpose of this section to prevent the application for or review of other second dwelling units not meeting the requirements of this section as may be permitted, either as permitted uses or as conditional uses, by the zoning designation in which a property is situated (B) Permitting Procedures. Any application for secondary dwelling unit that meets the location and development standards contained in this section, shall be approved ministerially without discretionary review or public hearing. (¢) Location. One secondary dwelling unit or guest house may be located on any residentially zoned lot that principally allows single family dwellings upon which not less than, nor more than, one single- family dwelling exists. No ministerial secondary unit shall be permitted on a property containing multiple dwellings. (D) Services. For the purposes of this section, secondary dwelling units and guest houses shall not be allowed where roadways, public utilities or services are inadequate in accordance with the General Plan. (E) Density. For the purposes of this section, secondary dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan. (F) Historically Designated Properties. For the purposes of this section, no secondary dwelling unit or guest house shall be ministerially approved if the property is listed on the city historic inventory. (G) Secondary Units on Lots in the Conservation Overlay District. Notwithstanding all other requirements of this section, secondary dwelling units shall be permitted within the Conservation Overlay District provided they do not result in any exterior alteration or addition of any kind, including doors and windows. (H) Submittal requirements. For the purposes of this section, applications for second dwelling units and guest houses shall conform to the requirements for and obtain a building permit as determined by the City Building Official. The application shall include the following documents in addition to those which may be required by the City Building Department: 1. Plot Plan (drawn to scale): Dimension the perimeter of the parcel on which the secondary dwelling unit or guest house will be located. Indicate the location and dimensioned setbacks, and dimensions of all existing and proposed structures on the site. Provide dimensions o fall easements, right of way(s), building envelopes, parking, and paved areas. 2. Floor Plans: Complete floor plans of both existing andproposed conditions shall be provided Each room shah be dimensioned and resulting floor area calculation included The use of each room shall be labeled The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted 3. Elevations: North, south, east, and west elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. (I) Development Standards. For the purposes of this article, all secondary dwelling units shall meet all of the following development standards: (1) Unit Size. All secondary dwelling units and guest houses shall comply with all the following size limitations: (a) The maximum size of a secondary dwelling unit shall be 500 square feet. (b) No secondary dwelling unit or guest house may exceed 325 square feet if detached from the primary dwelling. (c) No addition to the primary dwelling to accommodate a secondary dwelling unit or guest house (or portion thereoJ) may exceed 325 square feet. Setbacks. A secondary dwelling unit or guest house shall be permitted only if it complies with all primary dwelling unit setbacks, based on the zoning district in which it is located. The minimum required distance between the secondary dwelling unit and the primary dwelling unit, and all other structures on the property, shall be in accordance with the Uniform Building Code. Height. A secondary dwelling unit or guest house shall be permitted only if it complies with all primary dwelling unit height restrictions, based on the zoning district in which it is located (4) Lot Coverage. The property shall conform to the lot coverage requirements applicable to the primary dwelling unit, based on the zoning district in which it is located (5) Floor Area Ratio. A secondary dwelling unit or guest house shall adhere to the Floor Area Ratio requirements applicable to the primary dwelling unit, based on the zoning district in which it is located. Any secondary dwelling unit or guest house which causes the Floor Area Ratio to exceed the standards but otherwise meets the requirements of this section, may not be processed ministerially. (6) Useable Open Space. A secondary dwelling unit or guest house shall adhere to the Useable Open Space requirements applicable to the primary dwelling unit. Off-street Parking. A secondary dwelling unit or guest house shall provide one off street parking space for each bedroom of the secondary dwelling unit in addition to that required for the primary dwelling unit. This additional parking space may be covered or uncovered and shall meet all parking space location, dimension, and surfacing requirements applicable to the primary dwelling unit, based on the zoning district in which it is located. (8) Permanent Foundation. A permanent foundation shall be required of all secondary dwelling units and guest houses. (J) Occupancy. Secondary dwelling units or guest houses may be rented or owner occupied. (K) Units Above Garage. Where the zoning allows a garage or carport to encroach into the setbacks otherwise established for the primary dwelling, secondary dwelling units shall conform to the second story setback standards established for the primary dwelling, unless specifically permitted otherwise by the zoning district in which it is located. (L) Ownership No separate unit shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map. (M) Number Per Log A maximum of one secondary dwelling unit or one guest house shall be permitted on any residentially zoned lot where at least one, but no more than one, single family residence exists on the property. No ministerial secondary unit shall be permitted on a property containing multiple dwellings. (IV) Planned Development Districts These provisions shall not preclude the construction of a secondary dwelling unit in a residential planned development district, unless specifically stated otherwise in a particualr Planned Development. Section 7. Effective Date. This ordinance shall become effective on or after the thirtieth day following its adoption. Section 8. Findings. The City Council finds the following: A. That the proposed amendment is in general conformance with the City General Plan. B. That the public necessity, convenience, and general welfare require the adoption of the proposed amendment in that the purpose of these amendments is to comply with amendments made in 2002, to California Government Code {}65852.2 which provides for the City to establish standards for the development of second dwelling units with ministerial review in an effort to increase supply of small, affordable housing units while ensuring that those units remain compatible with the existing neighborhood. C. That Negative Declaration #20-02 has been prepared and the City Council finds that the proposed ordinance amendment will not have a significant negative impact upon the environment INTRODUCED ON May 21, 2003, and PASSED AND ADOPTED by the City Council of the City of Davis on May 28, 2003, by the following vote: AYES: NOES: ABSENT: Susie Boyd Mayor ATTEST: Bette E. Racki City Clerk 4-7 ORDINANCE NO. 3604 ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SANTA ROSA CITY CODE, CHAPTER 20-03, ARTICLE 6, ENTITLED "SECOND DWELLING UNIT" THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS: Section '1. Article 6 of Chapter 20-03 of the Santa Rosa City Code is amended to read as follows: Article 6 - Second Dwelling Unit 20-03.111 Purpose. The purpose of this article is to comply with amendments made in 2002 to California Government Code Section 65852.2 which provides for cities to set standards for the development of second dwelling units so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions. 20-03.'112 Definitions. (A) "Second Dwelling Unit" means any residential dwelling unit which provides complete independent living facilities on the same parcel as a legal single family residence including, but not limited to, the permanent provision for living, sleeping, eating, cooking and sanitation. A second dwelling unit also includes efficiency units and manufactured homes. Second dwelling units are not accessory uses as defined in Article 4.1 of Chapter 20-05. (1) "Efficiency unit" means a separate living space with a minimum floor area of 150 square feet intended for occupancy by no more than two persons which contains partial kitchen and bathroom facilities. For the purpose of this section, efficiency unit has the same meaning as Section 17958.1 of the Health and Safety Code. (2) "Manufactured home" means a transportable structure which in the traveling mode is 8 feet or more in width and 40 feet or more in length and is a minimum of 320 square feet and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation. For the purpose of this section, manufactured home has the same meaning as Section 18007 of the Health and Safety Code. (3) "Neighborhood" means an area commonly identified as such in planning documents and among individuals who reside and work within close proximity. 20-03.113 Location. (A) One second dwelling unit may be located on any residentially zoned lot that principally allows single family dwellings and which is either undeveloped or contains only one legal single-family detached dwelling. (B) Second dwelling units shall not be allowed where roadways, public utilities or services are inadequate. (C) Second dwelling units are not required to meet the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams. (D) No second dwelling unit may be approved if located on, or adjacent to, real property that is listed in the California Register of Historic Places. 20-03.114 Permitting Procedures. Any application for a second dwelling unit that meets the location and development standards contained in this code shall be approved ministerially without a public hearing. 20-03.115 Submittal Requirements and Application Processing. (A) Step One-Submittal. The application package for a second dwelling unit permit shall be submitted to the Department of Community Development concurrent with the submittal of an application for a building permit. In addition to the standard submittal requirements for a building permit, the second dwelling unit application package shall include: (1) Plot plan (drawn to scale): The applicant shall provide dimensions of the perimeter of the parcel on which the second dwelling unit will be located. Indicate the location and dimensioned setbacks of all existing and proposed structures on the project site and structures located within 50 feet of the project site. All easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans shall be included. Provide average slope calculations for the project site. (2) Floor Plans: Each room shall be dimensioned and the resulting floor area calculation included. The use of each room shall be identified. The size and location of all windows and doors shall be clearly depicted. (3) Elevations: Describe the north, south, east and west elevations and show all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed second dwelling unit. (4) Cross Section: Provide building cross sections including, but not limited to, structural wall elements, roof, foundation, fireplace and any other sections necessary to illustrate earth-to-wood clearances and floor to ceiling heights. (5) Color photographs of the site and adjacent properties. The photos shall be taken from each of the property lines of the project site to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of the photograph. (6) Deed restriction completed as required, signed and ready for recordation. (B) Step Two -- Issuance. The Department of Community Development shall issue a second dwelling unit building permit if the submittal conforms to the specific standards contained in 20.03.116 Development Standards 20-03.116 Development Standards. A second dwelling unit permit shall be issued only if the unit complies with the following development standards: (A) Setbacks: (1) Residential Districts: The main dwelling unit setbacks, based on the zoning district in which it is located, shall also apply to the second dwelling unit. No second dwelling unit shall be closer to the main dwelling (on the same lot) than permitted by the Uniform Building Code. A second dwelling unit shall not be closer than 10 feet to a main building on an adjacent lot. A second dwelling unit shall be located within 100 feet of the main dwelling unit. (2) Second Dwelling Unit Setbacks in -PD Districts in effect on or before October 4, 1985, and without specified setbacks identified in a Policy Statement or Development Plan, shall maintain a rear setback of 15 feet, an interior side yard setback of 5 feet for a one-story portion, and 10 feet for a two-story portion, and an exterior side yard setback of 15 feet (B) Unit Size: (1) No newly constructed second dwelling unit may have more than one bedroom, nor contain a total floor area in excess of 700 square feet. Efficiency units shall not contain less than 150 square feet. (2) Internal Conversion: A second dwelling unit created by the internal conversion of an existing single family dwelling shall not occupy more than 45 percent of the habitable floor area of the building, excluding the garage area. (C) Height: A second dwelling unit shall not exceed two stories. In any event, the maximum building height for a second dwelling unit is 27 feet. (D) Lot Coverage: A second dwelling unit shall adhere to the lot coverage requirements applicable to the main dwelling unit. (E) Off-Street Parking: The second dwelling unit shall provide one more off-street parking space than required for a single-family dwelling. This additional parking space may be uncovered, compact, tandem and located within the front yard setback when located in the driveway. If there is no on-street parking directly in front of the lot to be developed with a second dwelling unit, then the additional parking space shall be located outside any setback but may be compact and uncovered. (F) Architectural Compatibility: The second dwelling unit shall incorporate the same or substantially similar architectural features, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. (G) Privacy: Any balcony, window or door of a second story second dwelling unit shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence. (H) Permanent Foundation: All second dwelling units shall have a permanent foundation. (I) Existing Development: A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the second dwelling unit. (J) Number per Lot: A maximum of one second dwelling unit shall be permitted on any lot. (K) Occupancy. The property shall be the primary residence of the property owner. The owner may occupy either the main dwelling unit or second dwelling unit as his or her principal residence. 20-03.117 Deed Restrictions. Before obtaining a second dwelling unit building permit, the property owner shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: (A) The second dwelling unit shall not be sold separately; (B) The second dwelling unit is restricted to the maximum size allowed per the development standards in Section 20-03.116 (C) The second dwelling unit shall be considered legal only so long as either the primary residence or the second dwelling unit is occupied by the owner of record of the property; (D) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall void the approval of the unit and may result in legal action against the property owner. Section 2. Environmental Determination. The Council finds that the adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to section 15282(i) of the Guidelines, which exempts the adoption of ordinances pertaining to second dwelling units in a single family or multi family residential zone in order to implement the provisions of Government Code Section 65852.2. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Existing Application Processing. Any application for a second dwelling unit that was submitted before the effective date of this ordinance may be processed in accordance with the regulations and standards of the ordinance that was in effect at the time the application was submitted. Section 5. Effective Date. This ordinance shall take effect on the 31st day following its adoption. IN COUNCIL DULY PASSED AND ADOPTED this 13th day of May, 2003. ¥-// ORDINANCE NO. 2003-357- AN URGENCY ORDINANCE OF THE TOWN OF PORTOLA VALLEY AMENDING SECTION 18.12.040 OF THE MUNICIPAL CODE REGARDING SECOND UNITS WHEREAS, Government Code Section 36937 allows a legislative body to adopt by four-fifths vote an urgency ordinance for the immediate preservation of the public peace, health or safety; and WHEREAS, State legislation (AB 1866 (Wright)) amends Government Code Section 65852.2 to require that all applications for second units in residential zones be considered ministerially by July 1,2003, and the Town of Portola Valley ("Town") wishes to come into compliance with this legislation; and WHEREAS, AB 1866 permits local agencies, by ordinance, to retain some control over the creation of second units by designating areas within its jurisdiction where second units may be permitted and imposing standards on second units that include, but are not limited to, parking, height, setback, lot coverage, maximum size of a unit and architectural review; and WHEREAS, the Town has determined that, based on adequacy of water, sewer and other Town services, traffic flow and circulation, and the fact that most residential parcels in the Town are one acre or larger, second units are restricted to residential parcels of one acre or larger; and WHEREAS, the Town has determined that, in order to ensure compatibility with the environment and surrounding neighborhood, second units must comply with certain non- discretionary standards; and WHEREAS, the Town has determined that, in certain instances, discretionary review by the Architectural Site and Control Commission ("ASCC") may be required to permit second units in highly sensitive areas, to better ensure compatibility with existing development, and to ensure consistency with the Town General Plan. WHEREAS, the Town must adopt an ordinance implementing AB 1866 in accordance with its local standards by July 1,2003 or the regulations set forth in AB 1866 will supercede local regulations; and WHEREAS, it is urgent that the Town adopt an ordinance by July 1, 2003 in order to preserve the public health and safety afforded by the Town's understanding of its own unique geography and its own local control over zoning regulations. N:~)ATA\Clients~P~PV~)rd~ndunit2.ord.wpd NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows: 1. AMENDMENT OF CODE. Section 18.12.040(Accessory units permitted) of chapter 12 of Title 18 (Zoning) of the Portola Valley Municipal Code is hereby amended to read as follows' 18.12.040 Accessory uses permitted. Accessory uses permitted in the R-E district shall be as follows: ko Accessory uses, as permitted by Section 18.36.040 and Chapter 18.40; B. provisions: One second unit on a parcel of one acre or larger subject to the following 1. All provisions of Title 18 (Zoning) pertaining to this district prevail unless otherwise provided for in this subsection B. 2. A second unit shall comply with all provisions of the Site Development and Tree Protection ordinance, set forth in Chapter 15.12. 3. The parcel already contains an existing single-family dwelling or the second unit is being built simultaneously with a new single-family dwelling that will be the principal dwelling. 4. The second unit is attached to the principal dwelling, at the ground floor level or in a basement, and does not exceed a floor area of two hundred (200) square feet. Second unit floor area is inclusive of any basement area, but exclusive of garage or carport area. Second units that are larger than two hundred (200) square feet in floor area, detached from the principal dwelling .or above the first stow are subject to ASCC approval per Chapter 18.64. 5. Whether attached or detached from the principal dwelling, the second unit floor area may exceed two hundred (200) square feet subject to ASCC approval per Chapter 18.64. In such cases, however, the second unit floor area may not exceed seven hundred and fifty (750) square feet. , 18.04.150. The second unit complies with the definition of dwelling unit in Section 7. The second unit is served by the same vehicular access to the street as the principal dwelling and complies with off-street parking requirements for dwellings set forth in Section 18.60 except that parking spaces do not have to be covered, guest spaces are not required and tandem parking and parking in set back areas is permitted. N:~)ATA\Clients~P~PWOrd~2ndunit2.ord.wpd 8. The second unit shall have the same address as the principal dwelling and shall use the same utility meters as the principal dwelling. 9. A second unit shall not exceed a height, as defined in Section18.54.020, of 18 feet with a maximum height of 24 feet. A second unit attached to a principal dwelling or an accessory building may be permitted to a height of 28 feet and a maximum of 34 feet subject to ASCC approval per Chapter 18.64. 10. The second unit shall have colors, materials and architecture similar to the principal dwelling. Architecture not similar to the architecture of the principal dwelling is subject to ASCC approval per Chapter 18.64. 11. Color reflectivity values shall not exceed 40% except that trim colors shall not exceed 50%. Roofs shall not exceed 50% reflectivity. 12. Exterior lighting on the structure shall not exceed one light fixture per entry door. Each fixture shall be fitted with only one bulb and the bulb wattage shall not exceed 75 watts incandescent light if frosted or otherwise diffused, or 25 watts if clear. Each fixture shall be manually switched and not on a motion sensor or timer. Path lights, if any, shall be the minimum needed for safe access to the second unit and shaded by fixtures that direct light to the path surface and away from the sky. 13. Landscape plantings shall be selected from the Town's list of approved native plants and shall adhere to the Town's landscaping guidelines. 14. An application for a second unit shall be referred to the Town geologist, director of public works, fire chief and, if dependent on a septic tank and drainfield, to the County health officer in accordance with Town policies. 15. An application for a second unit shall supply all information required by Section 18.64.040 A. (1-13). 16. Second units on parcels with frontage on Portola Road or Alpine Road, both of which are identified as local scenic corridors in the general plan, are subject to ASCC approval per Chapter 18.64 to ensure consistency with the general plan. 2. ENVIRONMENTAL REVIEW. As it addresses second units in single family zones, this ordinance is statutorily exempt from the California Environmental Quality Act ("CEQA') pursuant to CEQA Guidelines Section 15282 and Public Resources Code Section 21080.17. 3. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations. N:~:)ATA\ClionIs~P~PVI, Om'~ ndunit2 .ord .wpd