The URL can be used to link to this page

Home My WebLink About94-11 ORDINANCE NO. 94-11 AN ORDINANCE OF THE TOWN OF DANVILLE REPEALING SECTION 32-32 OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 32-32 PERTAINING TO APPROVAL OF SECOND DWELLING UNITS IN THE TOWN OF DANVILLE The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1: Section 32-32.1 through 32-32.6 of the Town of Danville Municipal Code are hereby repealed and replaced with new Section 32-32.1 through 32-32.11, to read as follows: 32-32° 1 Title. This Ordinance shall be entitled the "Second Dwelling Unit Ordinance of the Town of Danville". 32-32.2 Purpose. The purpose of this Article is to increase the supply of smaller dwelling units and rental housing units by allowing second dwelling units to be developed on certain lots which are zoned for single family residential use and to establish design and development standards for second dwelling units to ensure that they are compatible with existing neighborhoods. 32-32.3 Definitions. 1. A second dwelling unit is a residential unit which provides complete, independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, cooking, eating and sanitation on the same parcel as the primary unit. The term "second dwelling unit" includes a guest house, servants' quarters, in-law units and similar second dwelling units which provide complete independent living facilities. 32-32.4 General. A second dwelling unit which meets the requirements of this chapter shall be allowed on a parcel which is zoned for single-family residential use. A second dwelling unit which m¢ct~ the rccluirements of this chapter shall be considered in PAGE 1 OF ORDINANCE NO. 94-11 ~x compliance with the allowable density for the lot upon which the second dwelling unit is located and shall be considered a residential use that is consistent with the existing General Plan and zoning designation for the lot. 32-32.5 Land Use Permit. A Land Use Permit approved by the Planning Commission shall be required for all second dwelling units. 32-32.6 Procedure for Land Use Permit Approval. 1. Step One - Application Applications shall be submitted to the Planning Division accompanied by required fees, plans and elevations showing the proposed second dwelling unit and its relation to the principal dwelling, description of building materials, landscaping and exterior finishes to be used, parking to be provided, and any other information required by the Planning Division to determine whether the proposed second dwelling unit conforms with the requirements of this ordinance. 2. Step Two - Staff Review The Town's Planning Division shall review the proposed second dwelling unit application to determine if it conforms with the requirements of this ordinance. If the proposal is determined to conform, the request shall be scheduled on the earliest available Planning Commission agenda on the consent calender with a recommendation for approval. Non-conforming applications will be scheduled for Planning Commission consideration as a public hearing item. Not less than ten (10) days prior to the Planning Commission meeting at which time the application will be considered, the Town shall notify all owners of property with 300 feet of the subject property that the second unit application has been filed and that it is scheduled for consideration by the Planning Commission with a staff recommendation for approval on the selected date. The Town shall also inform the property owners of their right to object to the proposed approval of the application either in writing or in person at, or before, the Planning Commission meeting on which the application will be considered. 3. Step Three - Planning Commission Review For applications which conform with the requirements of this ordinance, unless a member of the Planning Commission or a member of the public wishes to addrcaa the propoaal, the item shall be approved by the Planning PAGE 2 OF ORDINANCE NO. 94-11 Commission as a consent item. A public hearing will be held to consider all non-conforming application. 32-32.7 Design and Development Standards° All applications for second dwelling units shall comply with the following design and development standards. Nothing in this ordinance shall preclude the ability of the Planning Commission to approve second dwelling units, constructed as part of a new housing development to help the development meet the requirements of the Town's Inclusionary Ordinance, which do not conform with the design and development standards contained within this ordinance. General. There may be only one second dwelling unit per lot. A second dwelling unit shall comply with all applicable building, fire, and health and safety codes. 2. Subdivision. The primary and second dwelling units may not be sold separately and no subdivision of land or air rights shall be allowed. The construction, financing, or leasing of second dwelling units shall be exempt from the requirements of the Subdivision Map Act pursuant to Section 65852.2. 3. Zoning Requirements. A second dwelling unit shall conform to all zoning standards that are applicable to the primary residence, including frontyard, sideyard, and rearyard setbacks, setback from other structures, and height. This setback requirement may be waived by the Planning Commission for detached second dwelling units if it finds that, due to the lots relationship to surrounding properties, reduced setbacks will not adversely impact the privacy enjoyed by surrounding properties. If this finding is made, minimum setbacks shall be consistent with the setback requirements for detached accessory structures in single family districts, as specified in Town Ordinance No. 43-84. 4. Unit Size. If the primary residence is less than 2,500 square feet, then the area of the second dwelling unit shall be limited to a maximum of 750 square feet. If the primary residence is 2,500 square feet or larger, then the area of the PAGE 3 OF ORDINANCE NO. 94-11 second unit shall be limited to a maximum size of 1,000 square feet. 5. Design. The exterior appearance of a second dwelling unit shall be architecturally compatible with the primary residence and with the surrounding neighborhood. Compatibility with the primary residence includes, but is not necessarily limited to, coordination of colors, materials, roofing, other architectural features and landscaping. A second dwelling unit shall be subject to review by the Town's Design Review Board if referral is deemed appropriate by the Town's Planning Division or by the Planning Commission. 6. Off-Street Parking. In addition to parking required for the primary residence, one additional off-street parking space shall be provided for a second dwelling unit. This additional parking space may be uncovered and compact, but may not block vehicular access to a parking space which is required for the primary residence. This requirement for an additional parking space may be waived by the Planning Commission if it finds that adequate on-street parking is available adjacent to the property. 7. Occupancy. 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. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. This owner-occupancy requirement may be temporarily waived for a period of not more than three (3) years if the Planning Commission finds that the owner has a bonafide, unavoidable reason for absence and if the owner appoints in writing another person to occupy and take responsibility for maintaining the property. All properties approved for second dwelling units must be maintained at a level consistent with the neighborhood in which it is located. 32-32.8 Existing Second Units A second unit existing as of February 22~ 191~4, shall he considered a non- PAGE 4 OF ORDINANCE NO. 94-11 conforming unit. If a property owner wishes to alter an existing nonconforming unit, the requirements of this chapter apply to the proposed alteration. 32-32.9 Deed Restrictions. Before obtaining a Building Permit for a second dwelling unit, the property owner shall file with the County Recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, and stating that: 1. The second dwelling unit shall not be sold separately and may not be subdivided. 2. The second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. 3. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in proceedings to revoke the Land Use Permit. 4. The Land Use Permit allowing the second dwelling unit shall be in effect only so long as either the primary residence, or the second dwelling unit is occupied by the owner of record of the property. 32-32.10 Exceptions. Exceptions to the provisions of this Chapter may be granted by the Planning Commission if the following Finding is made: 1. Deviation from the stated Design and Development Standards contained within Section 1, 32-22.7 of this Chapter is necessary to install features that facilitate access and mobility for disabled and elderly persons. 32-32.11 Variances. Variance permits to modify the Design and Development Standards contained within Section 1, 32-22.7 of this Chapter may be granted by the Planning Commission in accordance with Article 26-2.20. SECTION 2. Publication. The City Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance PAGE 5 OF ORDINANCE NO. 94-11 published twice in a newspaper of general circulation once five days before it's adoption and again within 15 days after adoption. SECTION 3. Effective [)ate. This ordinance becomes effective 30 clays after its adoption. SECTION 4. Codification. Sections One shall be codified in the Danville Municipal Code. Sections Two, Three and Four shall NOT be codified in the Danville Municipal Code. The foregoing ordinance was first read and introduced on April 5, 1994 and approved and adopted by the Danville Town Council at a Regular Meeting held on Tuesday, April 19, 1994 by the following vote: AYES: Ritchey, Greenberg, Doyle, Shimansky, Waldo NOES: None ABSTAIN: None ABSENT: None Mb~YOR APPROVED AS TO FORM: ATTEST: ORNEY CITY CLEPdK PAGE 6 OF ORDINANCE NO. 94-11