City Ordinance:
11-12-4: SECOND RESIDENTIAL UNITS:
A.Purpose And Intent: The purpose of this section is to establish
procedures and standards for second residential units. The intent
is to encourage a more efficient use of single-family districts where
because of the decrease in household size as a result of changing
social patterns, existing housing resources are being under utilized.
Second residential units provide housing opportunities for seniors,
for disabled, or for healthcare or domestic service persons providing
substantial service to the property owner who resides on the real
property without adversely impacting such areas. The intent is also
to ensure a safe and attractive residential environment by promoting
high standards of site development to preserve the integrity of single-family
areas.
B.Submittal Requirements: In addition to such other information as
the city may require administratively, the following information shall
be submitted:
1. A floor plan drawn to scale of the principal structure and the
second residential unit.
2. Evidence that one of the structures, either the principal residence
or the second unit is or will be owner occupied.
3. Evidence that water and sewage services are available for the
second residential unit by can-and-will serve letters where appropriate.
C.Density/Lot Size:
1. The minimum lot size on which second residential units may be
placed shall be ten thousand (10,000) square feet.
2. No more than one second residential unit shall be permitted on
any one lot.
D.Development Standards: The following standards shall apply:
1. The second residential unit shall be consistent with the provisions
of the applicable zoning district and the goals and policies of any
applicable comprehensive plan. Pursuant to Government Code section
65852.2(a)(4), the city finds that second residential units are consistent
with the allowable density and the general plan and zoning designation
provided the units are located on properties with R-1 or E-1 zoning
designations, and shall not be permitted as a matter of right in any
other zoning designation.
2. The lot contains an existing single-family detached unit at the
time an application for a second residential unit is submitted.
3. The owner of the lot shall reside on said lot, in either the principal
structure or in the second residential unit.
4. The floor area of the second residential unit shall not exceed
six hundred (600) square feet, or the smallest area allowed by state
law, whichever is greater.
5. The principal structure as well as the second residential unit
shall be in compliance with the minimum standards of California Administrative
Code title 24, the uniform building code, uniform plumbing code, uniform
housing code, uniform mechanical code and the national electrical
code, as adopted and modified by the city, applicable to the building,
when built 1 .
6. A second residential unit shall not be permitted on a lot in addition
to a guesthouse or similar structure, including, but not limited to,
artist studios or cottages. If a second residential unit has been
approved on a lot, a guesthouse or similar structure may not subsequently
be approved unless the second residential unit is removed.
7. The second residential unit shall contain separate kitchen and
bathroom facilities.
8. Both residential units shall be equipped with approved smoke detectors
conforming to the uniform building code standards, adopted in section
10-2A-1 of this code, mounted on the ceiling or wall at a point centrally
located in an area giving access to rooms used for sleeping purposes.
9. In addition to the required parking for the principal structure,
a minimum of one off street parking space located in a private garage
shall be provided for the second residential unit. The requirement
for the garage can be waived if the city council, on appeal, finds
that the parking space can be provided outside of the front yard and
screened from view from the public street. The additional parking
shall be provided as specified in the base district and in chapter
11 of this title.
10. The second residential unit must be served by city water and
sewer.
11. Prior to approval of a permit for construction of a second unit,
staff shall review the design, materials and color of the exterior
of the second residential unit and shall find them to be compatible
with the principal structure, and to conform to the existing scale
and character of the neighborhood if any change or addition is proposed.
12. Upon approval of a second residential unit on a lot, the lot
shall not be further divided unless there is adequate land area to
divide the lot consistent with the applicable general plan and zoning
designation.
13. The owner-occupant shall sign a recorded agreement with the city
requiring that the owner reside on the property. If the owner moves
from the subject property, the use of the second residential unit
shall be discontinued and converted into a portion of the principal
structure. Upon resale of the property, the new owner shall reside
on the property or the use of the second residential unit shall be
discontinued and converted into a portion of the principal structure.
14. The planning director may add other conditions as necessary to
preserve the health, safety, welfare and character of the single-family
neighborhood.
15. Where there are conflicts between the standards set forth in
this section and those set forth in the specific district regulations,
the provisions of this section shall prevail.
16. Second residential units must conform to all of the setback regulations
set forth in the applicable district for dwellings.
E.Findings Of Approval: In addition to the findings under section
11-16-2 of this title, prior to the approval of any second residential
unit, the planning commission shall make all of the following findings:
1. All provisions of this section and the specific district regulations
have been met and the second residential unit will not be detrimental
to the health, safety and general welfare of the community.
2. The second residential unit is compatible with the design of adjacent
residences and the surrounding neighborhood and will not cause excessive
noise, traffic, parking or other disturbances to the existing neighborhood
or adversely affect public services and resources, including water
supply, fire protection and sewage disposal.
3. Provisions for on site parking are adequate for existing and proposed
uses.
4. The second residential unit does not detract from the privacy
of the surrounding residents.
5. The proposed second residential unit is consistent with the goals
and policies of any applicable general plan, except as otherwise provided
in this section.
F.Appeals: The decisions of the planning director in approving, conditionally
approving or denying applications for attached or detached second
residential units are final, subject to appeal to the city council
in accordance with procedures set forth in title 1, chapter 6 of this
code.
G.Revocation: As provided in subsection 11-16-2J of this title. (Ord.
03-227, 5-27-2003)