HomeMy WebLinkAbout07/19/1994, 6 - TA 33-94: AMENDMENTS TO THE SECOND UNIT REGULATIONS TO ALLOW LARGER AND DETACHED UNITS IN SOME CASES, TO CHANGE THE PARKING REQUIREMENT, AND TO MAKE OTHER MINOR CHANGES. ����i�IW�11IY 111111 III "J f MEET G TE:
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold Jonas, Community Development Directo�; ( °
Prepared By: Judith Lautner, Associate Planne f
SUBJECT: TA 33-94: Amendments to the second unit r ulations to allow larger and
detached units in some cases, to change the parking requirement, and to make
other minor changes.
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1267, approving changes to San Luis Obispo Municipal
Code Chapter No. 17.21, based on findings.
DISCUSSION
Situation
On June 21, 1994, the City Council introduced Ordinance No. 1267 to print, approving a text
amendment which allows detached units in some cases, amends the section allowing larger units
in some cases, changes the parking requirement, and makes other minor changes. The City
Council modified the Planning Commission draft ordinance to retain existing findings for
allowing larger units. Ordinance No. 1267 is now ready for final passage. The amended section
of the Municipal Code will become effective 30 days after final passage of the ordinance.
Significant Impacts
The City Council has adopted the initial study of environmental impact (ER 33-94) which
concludes that a Negative Declaration with mitigation will be filed for the project. No
significant fiscal or environmental impacts are anticipated. .
Alternatives
The Council may choose to retain the existing language in the Municipal Code or modify the
draft introduced on June 21.
Attached: Ordinance No. 1267
CO
ORDINANCE NO. 1267 (1994 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE SECOND RESIDENTIAL UNIT REGULATIONS
TO ALLOW LARGER AND DETACHED SECOND RESIDENTIAL UNITS,
AND MAKE OTHER MINOR CHANGES
(TA 33-94)
WHEREAS, the City Council has held a hearing to consider
the zoning text amendment request TA 33-94 , amending the second
residential unit regulations as shown on Exhibit A, attached; and
WHEREAS, the City Council makes the following findings;
Findings•
1. The proposed amendments conform to the general plan.
2 . An initial study of environmental impacts was prepared by the
Community Development Department on April 14 , 1994 , that
describes environmental impacts associated with the text
changes. The Community Development Director, on April 19 ,
1994, reviewed the environmental initial study and granted a
Negative Declaration of environmental impact, with mitigation.
The initial study concludes that the project will not have a
significant adverse impact on the environment, and the City
Council hereby adopts the Negative Declaration and finds that
it reflects the independent judgement of the City Council.
BE IT 'ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental determination. The City
council finds and determines that the project's Negative
Declaration, with mitigation, of environmental impact adequately
addresses the potential significant environmental impacts of the
proposed zoning text change, and reflects the independent judgement
of the City Council. The Council hereby adopts said Negative
Declaration.
SECTION 2 . The zoning text amendment TA 33-94 , as shown
on Exhibit A, attached, is hereby approved.
SECTION 3 . A summary of this ordinance, together with
the names of councilmembers voting for and against, shall be
. published once, at least (3) days prior to its final passage, in
the Telegram-Tribune, a newspaper published and circulated in this
Ordinance no. 1267 (1994 Series)
TA 108-93 : Citywide
Page 2
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at its meeting held on the 21st day of
June , 1994, on motion of Council Member Roalman , seconded
by Council Member Romero , and on the following roll call vote:
AYES: Council Members Roalman, Romero and Rappa
NOES: Mayor Pinard
ABSENT: Vice Mayor Settle
/s/ Peg Pinard
Mayor Pep, Pinard
ATTEST:
/s/ Diane R. Gladwell
City Clerk Diane R. Gladwell
APPROVED:
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Chapter 17.21
SECOND RESIDENTIAL UNITS
Sections:
17.21.010 Purpose.
17.21.020 Definitions.
17.21.030 General requirements.
17.21.040 Performance standards.
17.21.050 Procedure requirements.
17.21.060 Periodic review - Violations.
17.21.010 Purpose.
A. This chapter is intended to implement Government Code Section 65852(.1 ), (.2),
which allows the city to conditionally permit second dwelling units in residential
zones.
B. The city intends to regulate second units as permitted by Section 65852.2(a) of
the state Government Coe, and other applicable sections.
C. The city recognizes opportunities to implement certain policies and programs of the
city housing element of the general plan by providing for and regulating second units.
D. Implementation of this chapter is meant to expand housing opportunities for
low-income and moderate-income or elderly households by increasing the number of
rental units available within existing neighborhoods. Second units are intended to
provide liveable housing at less cost while providing greater security, companionship
and family support for the occupants. (Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1004
- 1 (part), 1984: prior code - 9900)
17.21.020 Definitions
For the purpose of this chapter, the following words and phrases have the meanings
given them in this section:
A. "Administrative use permit" is defined as defined by Chapter 17.58 of this code.
B. "Director" means the director of the community development department or his
designate.
EXHIBIT A
C. "Nonconforming lot" is defined as defined by Chapter 17.12 of this code.
D. "Nonconforming use" is defined as defined by Chapter 17.10 of this code.
E. "Primary unit" means an existing single-family residential structure that conforms
with all zoning regulations in effect, including this chapter.
F. "Second unit" means an attached or detached dwelling unit which provides
complete independent living facilities for one or more persons and complies with all
provisions of this chapter. It shall include permanent provisions for living, sleeping,
eating, cooking and sanitation on the same parcel as the primary unit is sited. (Ord.
1004 - 1 (part), 1984: prior code - 9910)
17.21.030 General requirements
A. Application. Where this chapter does not contain a particular type of standard or
procedure, conventional zoning standards and procedures shall apply.
B. Areas Where Second Units are Allowed. Upon approval of an administrative use
permit and upon meeting other requirements of this section, second units may be
established in the following zones: R-1, R-2, R-3, and R-4.
C. Areas Prohibited. Second units shall not be established in any condominium or
planned development project, or any mobile home subdivision, or trailer park, and
under no circumstances shall a second unit be allowed, where in the opinion of the
director, a resource deficiency exists as defined by Chapter 2.44 of this code.
D. Owner Occupancy. Either the primary unit or second unit must be owner-occupied.
E. No Subdivision of Property. No subdivision of property shall be allowed where a
second unit has been established unless the subdivision meets all requirements of
zoning and subdivision regulations. Nothing in this section shall prohibit joint
ownership of the property where a second unit has been established.
F. Sale of Property. This section shall also apply to new owners of property where
a second unit has been established if the property is sold. All conditions of the use
permit, restrictive covenants and other contractual agreements with the city, shall
apply to the property and new owners.
G. Unit Type Allowed. A second unit shall be attached to the primary unit and
located within the living area of the primary unit.
The Planning Commission may grant an exception to this requirement to allow a
Exhibit A '
Sheet 2
. detached unit, when the following findings can be made:
1 .The purpose of this chapter is served..
2. Because of physical site features, development of an attached second unit is
structurally infeasible in this particular case.
H. Size of Second Unit. The gross floor area of the second unit shall not exceed four
hundred fifty square feet. The Planning Commission may authorize an exception to
this standard by use permit upon finding that:
1 . The purpose of this chapter is served;
2. Strict compliance with the size limitation would (a) require significant structural
modifications that would not be required otherwise: or (b) adversely affect an historic
or architecturally significant building.
3. The unit's size and design are aesthetically compatible with the surrounding
neighborhood and will not detract from the single-family character and appearance of
the property or area.
I. Second-story units. Second-story units are prohibited where the primary unit is all
one-story. The Architectural Review Commission or Director may authorize an
exception to this standard upon finding that:
1 . The second-story second unit is aesthetically compatible with the primary unit and.
the neighborhood.
(Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1034 - 1, 1985: Ord. 1004 - 1 (part), 1984:
prior code - 9920)
17.21.040 Performance standards.
A. Parcel Requirements. No second unit shall be established on a parcel or parcels
determined by the director to be nonconforming as defined by the zoning and
subdivision regulations.
B. Use Requirements. No second unit shall be established where the director has
determined that the primary unit or any other structure or use on the property is
nonconforming as defined by Chapter 17.14 of this code.
C. Design Standards. Second units shall conform to all applicable zoning regulations
such as height, yards,.parking, building coverage, etc., except for density and parking
Exhibit A
Sheet 3
requirements as defined by zoning regulations.
1 . Second units shall conform to all applicable building and construction codes.
2. Nothing in this section prohibits applicants from requesting exceptions or variances
from the strict interpretation of zoning regulations to the extent allowed by said
regulations for any other use.
3. Second units shall be designed as to provide separate living conditions and provide
a safe and convenient environment for the occupants.
4. Second units shall also be architecturally and functionally compatible with the
primary unit. (Ord. 1004 - 1 (part), 1984; prior code - 9930)
17.21.050 Procedure requirements.
Prior to filing building plans with the city building department, the following shall be
met:
A. Permit Requirement. The applicant shall apply for and obtain an administrative use
permit as defined by zoning regulations.
B. Architectural Review Required. All requests shall receive architectural review in
accordance with the adopted architectural review commission ordinance and
guidelines. The director shall determine, upon receiving a complete application,
whether the project is declared aesthetically insignificant, minor or incidental, or shall
be forwarded to the architectural review commission for review.
C. Application Contents. All proposed second unit requests shall be by formal
application for administrative use permit.
D. Additional Requirements.
1 . Owner's Agreement with the City. The owner shall enter into an agreement with
the city, on a form approved by the city attorney, agreeing that the property will be
owner-occupied. If owner occupancy is not possible, then the use will terminate, and
the structure will be returned to its original condition to the satisfaction of the
director.
Property owners receiving approvals for second units and establishing the use
pursuant to this section shall also agree to reimburse the city for costs of all necessary
enforcement actions.
Exhibit A '
Sheet 4
2. Recorded Agreement Affecting Use of Property. The applicant shall submit an
agreement that will provide constructive notice to all future owners of the property,
of the use and owner occupancy restrictions affecting the property. Upon approval
of the administrative use permit and architectural review, the applicant shall prepare
the final copy of the agreement for the director's review in a form suitable for
recording in the office of the county recorder.
E. Appeal. Appeal procedures for this section shall be the same as set forth for
administrative use permits as defined inthe city zoning regulations. (Ord. 1004 - 1
(part), 1984: prior code - 9940)
17.21.055 Findings.
To grant a use permit for a second residential unit, the Director or Planning
Commission, or on appeal, the City Council, must make the following findings:
1 . The unit is visually integrated and aesthetically compatible with the main dwelling
unit;
2. The location and orientation of the second unit will not materially reduce the
privacy otherwise enjoyed by residents of adjoining properties;
3. The second unit will not create excessive ground coverage or overutilization of the
parcel in comparison with the existing patterns in the surrounding neighborhood.
17.21.060 Periodic review - Violations.
A. Periodic Review. Use permits are subject to review after the first year and each
three years thereafter. It shall be the responsibility of the property owner to initiate
the review and pay applicable fees.
B. Violations. Violation of any of the provisions shall be basis for revocation of the
use permit in accordance with Chapter 17.72. (Ord. 1004 - 1 (part), 1984: prior code
- 9950)
Exhibit A
Sheet 5
date: 7/ 19/94 MEETING AGENDA 6
DATE - 7/9 9 ITEM #
to: CITY COUNCIL MEMBERS
re: revisions to chapter 17.21 R E C E I y F- L�
SECOND RESIDENTIAL UNITS
JUL 1 G 1994
CITY CLE K
-1.:(.-OBISPO.C.'•
Dear Council Members,
I would like to submit my concern at the councils approval of revisions
to the zoning regulations regarding secondary units. I truly believe this
ordinance requiring attached units in R-1 zones is an appropriate
safeguard against unnecessarily changing the character of our R-1
neighborhoods.
When the ordinance was approved for secondary units the
requirement for keeping the units attached proved to be the mitigating
factor in appeasing neighbor's fears about separate units in our R-1
neighborhoods. I think it would be unwise to remove that requirement. The
requirement works, why change it.?
If the council feels the regulation should be changed to include
detached units, then I believe that the finding #2 under G. Unit Type
Allowed, "2. Because of physical site features, development of an attached
second unit is structurally infeasible .....", should be determined by the
architectural review commission which is more experienced with such
issues( with many members professionally trained in aspects of structural Y
unfeasibility and building) than the planning commission which is more
experienced in overall land use issues.
Thankyou for considering my thoughts about this issue.
erely,
,in
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