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Home My WebLink About98-04 ORDINANCE NO. 98-04 ADDING SECTION 32-73.16 OF THE DANVILLE MUNICIPAL CODE RELATING TO SECOND DWELLING UNITS IN NEW DEVELOPMENTS The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 32-73.16 is hereby added to the Danville Municipal Code to read as follows: 32-73.16 For-Rent Below Market Rate Second Units. Notwithstanding the provisions of any other section contained within this ordinance, and if it is determined to be appropriate by the Danville Town Council, the applicant may fulfill a development's inclusionary housing requirements with the development of second units, as defined in this section. a. Applicability The provisions of this section shall apply to all new residential developments with five (5) or more lots throughout the Town, with the exception of developments established within the Downtown Redevelopment Area. b. Scope If the Town Council determines that development of for-rent Below Market Rate (BMR) second units would be appropriate for a project, the minimum number offor-rent BMR second units supplied in a project shall be equivalent to twenty-five percent (25%) of the number of market rate units established in the project. c. Affordable Housing Agreement An affordable housing agreement, as generally provided for in Section 32-73.10.g, shall be recorded as a deed restriction on the property which incorporates a for-rent BMR second unit. d. Qualifying Households: Maximum Income of Renters The for-rent BMR second unit shall not be rented to a household with an income which exceeds the high end of the "low" income range (currently 72% of the current SMSA g median income) as published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5, adjusted for household size. (Note: The Town shall advise the owners of any annual changes in the SMSA median incomes). Restriction on Rental Rate The rental rate shall not exceed what is affordable to a household earning the high end of the "low" income range (currently 72% of the current SMSA median income), adjusted for household size and providing for appropriate allowance for utilities. A maximum of 30% of the household income shall be assigned to the housing costs for the for-rent BMR second unit (this shall cover both the unit' s rental rate and an appropriate allowance for utility costs). The Town shall advise the owner of annual changes in the allowable rental rate (and shall provide a schedule for utility allowance adjusted for household size). Self-Reporting The owner shall self-report the status of the for-rent BMR second unit (using a Town- supplied reporting form) in conjunction with receipt of the Town's annual rental rate update report. Owners of the for-rent BMR second units are not required to continuously market and rent the second units. If the Town determines that all the for-rent BMR units within a particular development have met the occupancy goal and intent of this ordinance section, then the Town may eliminate the requirement to self-report the status of the for- rent second unit(s) in that development. Design Parameters: The for-rent BMR second units shall be designed such that the physical layout of the unit and its inter-relationship with the primary unit ensures its availability as a self-contained viable second unit. 1. Architectural and Physical Design For-rent BMR second units shall be architecturally compatible with main residential unit in roof pitch, scale, colors, materials, trim, windows, as well as other exterior physical features. The maximum floor area of a for-rent BMR second unit shall be as defined in Section 32-73.16.i.5. 2. Relationship to Main Residence (a) The second unit may be detached or attached to the main residence; (b) If detached second units are proposed, each second unit shall be designed PAGE 2 OF ORDINANCE NO. 98-04 to provide privacy for the main residential unit (i.e., minimum number of windows facing the main unit, relative location of entry areas, etc.) and shall meet all setback requirements applicable to the main residence; (c) The second unit shall have a separate entrance from the main unit; (d) There shall be no direct access from main residence to the second unit; (e) There shall be a wall separating the garage of the primary residence and the garage/parking area of the secondary unit; (f) The second unit shall have a separate mailing address to allow independent contact with the unit' s occupants; and (g) Any proposed modifications to the second unit must secure prior review and approval by the Chief of Planning. Adequate Facilities At the time the tentative map associated with the project is reviewed, a finding must be made that the following adequate facilities are provided: (a) The second unit shall have complete independent living facilities, adequate to meet the needs of at least a one-person household; (b) Permanent provisions for food preparation, sleeping, and bathing needs shall be provided; (c) Disposal of sanitary waste shall be provided by the public sanitary sewer district; (d) Provision of potable water shall be provided by the municipal utility district; (e) To function as an independent living unit, the second dwelling shall be required to have its own water heater, washer/dryer hook-ups, air- conditioning/heating unit (with independent cooling/heating controls). PAGE 3 OF ORDINANCE NO. 98-04 4. Parking Requirements The second unit shall have its own on-site covered parking space (9' x 19" minimum clear), which shall be walled off and accessed separately. The on-site parking space for the second unit may be provided as a garage or as a carport. 5. Minimum Lot Size/Maximum Second Unit Size/Floor Area Ratio The second unit shall be _<650 square feet for developments with lots averaging _>8,000 square feet (i.e., projects with a density _<4.15 dwelling units per acre); (b) The second unit shall be _<500 square feet for developments with lots averaging < 8,000 square feet (i.e., projects with a density >4.15 dwelling units per acre); (C) Projects with a typical minimum lot size of _< 6,500 square feet (i.e., equivalent to a density of > 5 dwelling units per acre) shall not be allowed to utilize this approach for meeting their affordable housing requirements; (d) The resulting floor area ratio (FAR) for the primary and secondary units on an individual lot shall not exceed 60 percent. (e) Deviation from the above-cited dimensional criteria may be considered by the Town Council on a project-by-project basis. 5. Setback requirements will be determined on a project-by-project basis. h. Sunset Clause This section shall remain in effect for three years from the date of its adoption. At the end of this three-year period, the Town Council shall review the amendment's effectiveness and shall decide whether to continue to allow use of the for-rent BMR second units as a permanent tool within the Inclusionary Housing Ordinance. SECTION TWO. 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 published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. PAGE 4 OF ORDINANCE NO. 98-04 SECTION THREE. Severability. The Town Council hereby declares that every section, paragraph, clause and phrase are severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstimtionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. The foregoing ordinance was first read and introduced on April 21, 1998 and approved and adopted by the Danville Town Council at a regular meeting held on May 5, 1998 by the following vote: AYES: Waldo, NOES: None ABSTAIN: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: tr) CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 98-04 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 5 OF ORDINANCE NO. 98-04