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HomeMy WebLinkAbout1004r ORDINANCE NO. 1004 (1984 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING SECTION 9900 TO CHAPTER 2, ARTICLE IX OF THE MUNCIPAL CODE, RELATING TO THE REGULATION OF SECOND RESIDENTIAL UNITS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 9900 is hereby added to Article IX, Chapter 2, of the San Luis Obispo Municipal Code, to read as follows: "SECOND UNIT ORDINANCE" SECTIONS: 9900. Purpose 9910. Definitions 9920. General Requirements 9930. Performance Standards 9940. Procedures 9950. Enforcement SECTION 9900. Purpose. (a) This chapter is intended to implement Government Code 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 Code, 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 enactment of a local ordinance providing for and regulating second units. (d) Implementation of this ordinance is meant to expand housing opportunities for low and moderate - income or elderly households by increasing the number of rental units available within existing neighborhoods. Second units are intended to provide 0 1004 ORDINANCE NO. 1004 (1983 SERIES) Page 2 liveable housing at less cost while providing greater security, companionship and family support for the occupants. SECTION 9910. Definitions. For the purpose of this Chapter, the following words and phrases have the meanings given them below: (a) Administrative Use Permit - as defined by Section 9204.2 of the City Zoning Ordinance. (b) Second Unit - means an attached dwelling unit which provides complete independent living facilities for one or more persons and complies with all provisions of this section. It shall include permanent provisons for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit is sited. (c) Director - means the Director of the Community Development Department or his designate. (d) Non - Conforming Lot - as defined by Section 9202.3 of the City Zoning Regulations. (e) Non - Conforming Use - as defined by Section 9202.2 of the City Zoning Regulations. (f) Primary Unit - means an existing single - family detached residential structure, that conforms with all zoning regulations in effect including this section. SECTION 9920. General Requirements (a) Purpose: These requirements supersede requirements in City Zoning Regulations. Where this ordinance 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. ORDINANCE NO. 1004 (1983 SERIES) Page 3 (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 an second unit be allowed, where in the opinion of the Director, a resource deficiency exists as defined by Section 2900 of the City Municipal 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 an 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 on the lot and shall be located within the living area of the primary unit. whenever an increase in floor area is involved, it shall not exceed 10 percent of the existing living area. SECTION 9930. Performance Standards (a) Parcel Requirements: No second unit shall be established on a parcel or parcels determined by the Director to be non - conforming as defined by 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 non - conforming as defined by zoning regulations. ORDINANCE NO. 1004 (1983 SERIES) Page 4 (c) Design Standards: Second units shall conform to all applicable zoning regulations such as - height, yards, parking, building coverage, etc., except for density 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 so as to provide separate living conditions and provide a safe and convenient environment for the occupants. (4) Second units shall also be architecturally and funtionally compatible with the primary unit. SECTION 9940: Procedure. 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 complete application, whether the project is declared 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 and architectural review. (d) Additional Requirements (1) Owners 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 ORDINANCE NO Page 5 1004 (1984 SERIES) 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. (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 in the city zoning regulations. SECTION 9950. Enforcement (a) Periodic Review: Use permits shall be 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 Section 9204.6 of the city zoning regulations. SECTION 2. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least three (3) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its final passage. A copy of the full text of this ordinance shall be on file oss Al ORDINANCE NO. 1004 (1983 SERIES) Page 6 in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 10th day of January 1984, on motion of Councilman Griffin, seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: Councilman Dunin City ministrativ fi�er ity AttptLney Community Development Director TR:drs 12/30/83 ORDINANCE NO. 1004 (1984 Series) FINALLY PASSED this 7th day of February , 1984, on .motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Griffin 0 /R i �� owl Ribl�s�ao6 r'�