HomeMy WebLinkAbout24-83 BEFORE THE CITY COUNCIL OF TItE CITY OF DANVILLE
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In the Matter of: )
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Providing for Second Living ) ORDINANCE NO. 24-83
Units Under Government Code )
Section 65852.2 )
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The City Council of the City of Danville DOES ORDAIN
AS FOLLOWS:
SECTION 1. Title 8 of the Danville Municipal Code is
amended by adding a new Chapter 20, Second Units, to
read as follows:
"Chapter 20
Second Units"
Section 8-2001 Definition
Section 8-2002 General
Section 8-2003 Permits and Procedures
Section 8-2004 Regulations
Section 8-2005 Subdivision
Section 8-2006 Existing Second Units
Section 8-2001. Definition
A second unit means a residential unit which provides
complete, independent living facilities for one or more
persons. It includes permanent prdvisions for living,
sleeping, eating, cooking and sanitation on the same
parcel as the primary unit.
The term second unit includes a guest house, servants'
quarters, in-law unit and similar second dwelling units
which provide complete independent living facilities.
Section 8-2002. General.
A second unit which meets the requirements of this
chapter is allowed on a parcel zoned for a single-family
residence in a residential, two-family, multiple-family
or planned district, subject to issuance of a land use
permit.
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Section 8-2003. Permits and Procedures.
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(a) A person who desires to construct a second unit
shall first obtain a land use permit from the City in
accordance with Chapter 82-6 of the Contra Costa County Code.
(b) The Planning Commission may approve, conditionally
approve or deny an application for a land use permit for a
second unit after due public hearing.
(c) In order to encourage the development of housing
for disabled individuals and persons with limited mobility,
the Planning Commission may allow reasonable modification
of the regulations in Section 8-2004 if it finds that
modification of the stated regulations is necessary to
facilitate access and mobility for disabled persons.
The one-bedroom limitation in Section 8-2004 (e)
may be waived if the Planning Commission finds that an
additional bedroom is necessary to permit at-home nursing
care for an elderly or disabled person.
The owner-occupancy requirement of Section 8-2004(h)
may be temporarily waived for a period of not more than 3
years if the Planning Commission finds the owner has a bona
fide, unavoidable reason for absence and if the owner
appoints in writing another person to occupy and take
responsibility for maintaining the property.
Section 8-2004. Regulations.
(a) There may be only one second unit per lot.
(b) A second unit shall comply-with applicable building,
fire, and health and safety codes.
(c) A second unit shall conform to existing zoning
requirements which are required for the primary residence,
including height, lot coverage, setback, sideyard and rear
yard requirements.
(d) If the primary residence is 2500 square fee% or less,
the area of the second unit is limited to a maximum of 750
square feet, if the primary residence is greater than 2500
square feet, the area of the second unit is limited tO a
maximum of 1000 square feet.
(e) A second unit may not have more than one bedroom.
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(f) In addition to parking ~equired for the primary
residence, one off-street parking space shall be provided
for a second unit. The parking space may not block
vehicular access to a parking space which is required
for the principal residence.
(g) A second unit is subject to design review. The
exterior appearance of the unit shall be architecturally
compatible with the primary residence and with the
surrounding neighborhood. Compatibility with the primary
residence includes coordination of colors, materials,
roofing, other architectural features and landscaping.
There may be no exterior stairway. The location and
orientation of a second unit may not materially reduce the
privacy otherwise enjoyed by residents of adjoining
properties.
(h) The property owner shall occupy either the
principal or the secondary residential unit. If neither
unit is owner-occupied, then the use of the property shall
revert to a single-family occupancy. The owner shall
record a deed restriction setting forth this occupancy
requirement. Nothing in this section shall be construed
to prohibit one or both of the units remaining vacant.
Section 8-2005. Subdivision.
The primary and second units may not be sold separately
and no subdivision of land or air rights is authorized by
this chapter.
A second unit approved under this chapter is exempt
from the requirements of the Subdivision Map Act under
Government Code 566412.2.
Section 8-2006. Existing Second Units.
A second unit existing as of the effective date of this
chapter shall be considered a nonconforming unit. If a
property owner wishes to alter an existing nonconforming
unit, the requirements of this chapter apply to the
proposed alteration.
SECTION 2.
The Contra Costa County Code, adopted by the City by
reference, is amended as follows:
a. Section 84-4.402 (Uses-Requiring Lane Use Permit)
is amended by adding a new subsection (12) to read:
"(12) A second unit which complies with
Title 8, Chapter 20 of the Municipal Code."
b. Section 84-26.404 (Uses-Requiring Land Use Permit)
is amended by adding a new subsection (9) to read:
"(9) A second unit which complies with
Title 8, Chapter 20 of the Municipal Code."
c. Section 84-66.402 (Uses) subsection (3), is
amended to read:
"(3) A ~econd unit which complies with
Title 8, Chapter 20 of the Municipal Code, if
a land use permit is first obtained."
SECTION 3. Publication and Posting.
Within 15 days after adopting, the Clerk shall have
this ordinance published once in a newspaper of general
circulation, published and circulated in the City, and
shall have it posted in the 3 public places designated by
resolution of the City Council.
SECTION 4. Effective Date.
This ordinance becomes effective 30 days after its
adoption.
The foregoing ordinance was introduced at a regular
meeting of the City Council of the City of Danville held
on P~brl~rtYhe6, ]9B4 , and adopted at a regular
meeting of Council held on February 22, 1984 ,
by the following vote:
AYES: Lane, May, Of fenhartz, Schlendorf
NOES: None
ABSENT: Mc Neely
ABSTAIN: -~ '\
MAYOR C/
ATTEST: . -)
CITY C~ERK
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TABLE OF CONTEN~S
DANVILLE MUNICIPAL CODE
TITLE 10
CHAPTER 1 - CABLE TELEVISION PAGE NO.
Article 1 General 1
Section 10-101 Purpose 1
Section 10-102 Citation 1
Section 10-103 Rules of Construction 1
Section 10-104 Definitions t
Article 2 Grant of Franchise 6
Section 10-111 Authority 6
(a) Authorization 6
(b) Franchise is Non-Exclusive 6
(c) Amendments 6
(d) Uses Permitted 6
(e) Operator Rules and Regulations 7
(f) Annexations 7
Section 10-112 Rights Reserved to City 7
(a) City Powers 7
(b) Responsibility Delegation 8
(c) Right to Acquire 8
(d) Right to Require Removal of 8
Property
(e) Right to Inspect 8
Section 10-113 Limitations 8
(a) Limitation 8
(b) Prohibitions 8
(c) Other Statutes 9
(d) Use of Other Facilities 9
(e) Time 9
Section 10-114 Franchise Payments 9
(a) Franchise Fees 9
(b) Other Costs 9
(c) Payment 10
(d) Non-Waiver 10
Article 3 System Capability; Cable Service Generally 11
Section 10-121 General Service Requirements 11
(a) Capability 11
(b) Changes in Services Offered 12
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TABLE OF CONTENTS PAGE NO.
(Continued)
(c) Information to Public 13
(d) Failure to Comply 13
(e) Free Service to Community Sites 13
Section 10-122 Community Service Programming 13
(a) Channel Capacity 14
(b) Operator Support 14
(c) Community Service Radio Access 14
(d) Access to Upstream Bandwidth 14
(e) Access for Data, Audio, and/or 15
Telemetry Transmission
(f) Other Use of Access Channels 15
(g) Access Channel Management 15
(h) Implementation 15
Section 10-123 Rate Procedures 16
(a) Subscriber Rates and Charges 16
(b) Subsequent Proposals 16
(c) Procedure 17
(d) Converters 17
Article 4 Design and Construction 18
Section 10-131 General 18
(a) Capability 18
(b) Intent 18
(c) Plant Installation and Extension 18
Section 10-132 System Interconnection 19
(a) Desirability 19
(b) Interconnection 19
(c) Cooperation 19
(d) Notice: City Approval 19
Section 10-133 Construction 20
(a) Permits 20
(b) Commencement; Completion 20
(c) Undergrounding 20
(d) Maps and Layout ' 21
(e) Construction Standards 21
(f) Other Construction, etc. 21
Section 10-134 Default 22
Section 10-135 Removal of Facilities 22
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TABLE OF CONTENTS PAGE NO.
(continued)
Article 5 Service to Individual Subscribers 23
Section 10-141 Subscriber Connections;
Rates and Charges 23
(a) General 23
(b) Standard Instllation: Primary
Drop and Additional Outlets 23
(c) Special Installation Charges 24
(d) Installation in Low Density
Areas 24
(e) Reduction in Charges for
Extended Interruptions 25
(f) Record of Complaints,
Interruptions, Malfunctions 25
Section 10-142 Subscriber Complaints; Repair
Services 26
(a) Local Office 26
(b) Prompt Repair Service 26
(c) Service Interruptions 26
(d) Information to Subscribers 26
Section 10-143 Disconnection of Service 27
(a) Disconnection for Nonpayment 27
(b) Manner of Disconnecting 27
(c) No Charges 27
Article 6 Franchise Term: Duration; Termination;
Transfer 28
Section 10-151 Duration 28
Section 10-152 Extension; Renewal 28
(a) Extension 28
(b) Renewal 28
(c) Information Required 28
Section 10-153 Termination 29
(a) Grounds 29
(b) Procedure 29
Section 10-154 Holding Over 30
Section 10-155 Transfer of Ownership 30
(a) Consent of City Required 30
(b) Receivership 31
(c) Express Assumption of Responsibility 32
(d) Failure to Comply 32
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TABLE OF CONTENTS PAGE NO.
(continued)
Section 10-156 Continuity of Service 32
(a) Continuity of Service Mandatory 32
(b) Changes in Operation 32
(c) Extended Service 32
(d) Cooperation with Successor 32
(e) Willful Cessation of Service 33
Section 10-157 Disposition of Facilities 33
(a) General Requirements 33
(b) Restoration of Property 33
(c) Removal or Restoration by City;
Reimbursement of Costs 34
(d) Abandonment of Property 34
Section 10-158 Prior Cable System 34
Article 7 Regulation and Evaluation of Franchise 35
Section 10-171 Performance Evaluation 35
(a) Evaluation of System and Service 35
(b) Frequency of Evaluation Sessions 35
(c) Report 35
(d) Evaluation Session 36
(e) Deficiencies 37
(f) Changes 37
Section 10-172 Compliance with Technical
Standards. 37
Section 10-173 Dispute Resolution Procedure 37
(a) Information to Subscribers 37
(b) Operator Response Hearing 38
(c) Delegation of Power 38
Section 10-174 Arbitration 38
Section 10-175 Franchise Violations 39
(a) Remedies, Generally 39
(b) Procedure 39
(c) Immaterial Breach 40
(d) Material Breach 41
(e) Payment of Fine
Article 8 Reports; Records; Inspection 42
Section 10-181 Reports 42
(1) Performance Evaluation Reports 42
(2) Information for Renewal of
Extension of a Franchise 42
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TABLE OF CONTENTS PAGE NO.
(continued)
(3) Annual Reports 42
(4) Reports Filed with Other Agencies 42
(5) Miscellaneous Reports 43
Section 10-182 Records 43
(a Financial Records 43
(b Maps 43
(c Subscriber Complaints and
Repair Services 43
(d Reports 43
Section 10-183 Inspection of Reports and Records 43
Section 10-184 Inspection of Facilities 43
Section 10-185 Miscellaneous 44
(a) Audit 44
(b) False Statements 44
(c) Cost of Reports 44
Article 9 Rights of Individuals 45
Section 10-191 Non-discriminatory Service 45
Section 10-192 Privacy 45
Section 10-193 Equal Employment Opportunity 46
Article 10 Insurance; Indemnification 47
Section 10-1101 Performance Bond 47
Section 10-1102 }{old }{armless Agreement 48
Section 10-1103 Defense of Litigation 48
Section 10-1104 Insurance Required 49
Section 10-1105 Security Fund 49
Section 10-1106 Worker's Compensation 50
Section 10-1107 Breach 51
Article 11 Franchise Application and Acceptance 52
Section 10-1111 Content of Application 52
Section 10-1112 Application Fee 55
Section 10-1113 Solicitation; Report; Criteria 55
(a) Solicitation , 55
(b) Report 55
(c) Criteria 55
Section 10-1114 Procedure 56
Section 10-1115 Persons Included 57
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TABLE OF CONTENTS PAGE NO.
(Continued)
Section 10-1116 Acceptance of the Franchise 57
(a) Filing Acceptance; Deadline 57
(b) Failure to Accept 57
(c) City Rights 58
(d) In Lieu of Other Rights 58
Article 12 Miscellaneous 59
Section 10-1121 Notices 59
Section 10-1122 Severability 59
Section 10-1123 FCC or PUC Jurisdiction:
Preemption 60
Section 10-1124 Notice to New Subscribers 60
Section 10-1125 No Value of Franchise 61
Section 10-1126 Most Favored Nation 61
Section 10-1127 Violations by Persons Other
Than Operator 61
(a) Use of Public Streets 61
(b) Unauthorized Connection to Cable
Systems 61
(c) Tampering with Facilities 62
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