HomeMy WebLinkAbout1434ORDINANCE NO. 1434 (2003 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS CHAPTER 17.21, SECONDARY
DWELLING UNITS, IN COMPLIANCE WITH AB 1866
TA 194 -02
WHEREAS, the Planning Commission conducted a public hearing on March 12, 2003
and recommended approval of amendments to Chapter 17.21 of the Zoning Ordinance; and
WHEREAS, the City Council conducted a public hearing on April 15, 2003 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed text amendment is consistent with
the General Plan, the purposes of the Zoning Regulations, other applicable City ordinances and
Assembly Bill 1866; and
WHEREAS, the Zoning Text Change is exempt from the California Environmental
Quality Act as described in CEQA section 15282 (i), Statutory exemptions.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council makes the following findings:
1. The City Council finds and determines that the project is exempt from the California
Environmental Quality Act as described in Section 15282 (i), statutory exemptions.
2. The proposed amendments are necessary to meet changing Government Code provisions
designed to encourage the development of secondary dwelling units as established by
Assembly Bill 1866.
3. The proposed amendments will encourage the development of additional secondary
dwelling units as an alternate form of affordable infill housing, consistent with the intent
of AB 1866.
4. The proposed amendments will not significantly alter the character of the neighborhood
or cause significant health, safety or welfare concerns, since the secondary dwelling units
will be subject to performance standards and development standards consistent with each
residential zoning district.
01434
Ordinance No. 1434 (2003 Series)
Page 2
SECTION 2. Action. The Zoning Regulations Amendment (TA 194 -02), as depicted on
attached Exhibit A, is hereby approved.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 15th day of April, 2003, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 6t' day of May 2003, on the following roll call
vote:
AYES: Council Member Ewan, Schwartz and Settle, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
/1 Mayor David F. Romero
ATTEST:
City Clerk; C.M.C.
Lee Price
APPROVED AS TO FORM:
ert A. Trujillo, Acting City Attorney
hereby certify that this document is a true
and accurate copy of Ordinance No. —ICI— —14
and that the ordinance was published pursuant
to Charter Secticr 502.
11 *f4j
ate it Clerk
Chapter 17.21
SECONDARY DWELLING UNITS
MAY 2003
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
Violations.
Exhibit A
Page 1
17.21.010 Purpose.
A. This chapter is intended to implement Government Code Section 65852(.150) and
(2), which allows the city to perform administrative architectural review and apply
specific development standards to secondary dwelling units in residential zones.
B. The city intends to regulate secondary dwelling 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 providing for and regulating secondary
dwelling 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. Secondary dwelling units are
intended to provide livable housing at lower cost while providing greater security,
companionship and family support for the occupants.
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.
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. "Secondary dwelling 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.
G. Studio means a one -room dwelling unit with not more than 450 square feet of gross floor
area as defined in section 17.04.430.
Exhibit A
Page 2
Chapter 17.21
Secondary Dwelling Units
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 Secondary Dwelling Units Are Allowed. Upon meeting the
requirements of this section, secondary dwelling units may be established in the
following zones: R -1, •R -2, R -3, and R -4.
C. Areas Prohibited. Secondary dwelling units shall not be established in any
condominium or planned development project unless specifically addressed in the
planned development ordinance as adopted or amended, or any mobile home
subdivision, or trailer park, and under no circumstances shall a secondary dwelling
unit be allowed, where in the opinion of the director, a resource deficiency exists as
defined by Chapter 2.44 of this code. Secondary dwelling units shall not be allowed
on non - conforming lots.
D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be
owner- occupied as an owner's primary residence.
E. No Subdivision of Property. No subdivision of property shall be allowed where a
secondary dwelling 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 secondary dwelling unit has been
established.
F. Sale of Property. This section shall also apply to new owners of property where a
secondary dwelling 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 secondary dwelling unit may be attached, detached or located
within the living area of the primary unit on the lot.
H. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit
shall not exceed four hundred fifty square feet and shall meet the definition of a
studio apartment as defined by Section 17.04.430. The planning commission may
authorize 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.
I. Secondary dwelling units are limited to 1 unit per qualifying property.
17.21.040 Performance standards.
A. Design Standards. Secondary dwelling 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. Secondary dwelling units shall conform to all applicable building and construction
codes.
2. Nothing in this section prohibits applicants from requesting exceptions or variances
Exhibit A
Page 3
Chapter 17.21
Secondary Dwelling Units
from the strict interpretation of zoning regulations to the extent allowed by said
regulations for any other use.
3. Secondary dwelling units shall be designed as to provide separate living conditions
and provide a safe and convenient environment for the occupants.
4. Secondary dwelling units shall also be architecturally and functionally compatible
with the primary unit.- The new structure shall incorporate the traditional architectural
characteristics of existing houses in the neighborhood, including window and door
spacing, exterior materials, and roof pitch and style.
5. The height of second units should be consistent with surrounding residential
structures. Unless adequate setbacks justify otherwise, secondary dwelling units that
result in two -story construction shall be setback from the first floor to allow for solar
access and reduced overlook.
6. Site planning: Secondary dwelling units should be located behind or above the
existing dwelling on the site. Designs that significantly alter the street appearance of
the existing residence shall be discouraged. The presence or design of the secondary
dwelling unit per se, will not justify granting development exceptions.
7. Private Open Space: A minimum of 250 square feet of private open space must be
provided for secondary dwelling units exclusive of a minimum of 250 square feet to
be provided for the primary residence on the property. Private open space provided at
ground level must have a minimum dimension in every direction of at least 10 feet or
6 feet for spaces above ground level on an elevated deck or balcony.
8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal
of native trees or significant landscape trees shall be discouraged for the placement of
a secondary dwelling unit.
9. A landscape plan shall be required for new secondary dwelling units. A minimum 5-
foot wide landscape planter with screening shrubs shall separate parking areas from
adjacent properties. Landscape shrubs and trees shall be required for areas between
secondary unit and adjacent properties.
10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1
parking space, regardless of zoning district.
11. Alterations to designated historic properties or structures to allow new construction of
a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for
consistency with the Secretary of Interior Standards for treatment of a historic
property.
17.21.050 Procedure requirements.
Prior to filing building plans with the city building division, the following shall be met:
A. Architectural Review Required. All requests shall receive minor or incidental
architectural review in accordance with the adopted architectural review commission
ordinance and Community Design guidelines. All new development projects within
Historic Districts or within properties that contain designated historic structures shall
be referred to the Cultural Heritage Committee to be reviewed for consistency with
Secretary of Interior Standards for treatment of a historic property.
Exhibit A
Page 4
Chapter 17.21
Secondary Dwelling Units
B. Application Contents. All proposed secondary dwelling unit requests shall be by
formal application for minor or incidental architectural review.
C. 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 and community
development director, agreeing that the property will be owner - occupied.
Upon approval of architectural review and a building permit, this
agreement shall be recorded in the office of the county recorder to provide
constructive notice to all future owners of the property of the use and
owner occupancy restrictions affecting the property. 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.
2. Property owners receiving approvals for secondary dwelling units and
establishing the use pursuant to this section shall also agree to reimburse
the city for costs of all necessary enforcement actions.
D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080
(Appeals - Architectural Review).
17.21.060 Violations.
Violation of any of the provisions shall be basis code enforcement action.
\Pdunsmore \Text Amendments\2nd units AB 1866\Final appvd ch 17.21.doc