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HomeMy WebLinkAbout2003-07ORDINANCE NO. 2003-07 REPEALING SECTION 32-76 OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 32-76 RELATED TO THE REGULATION OF DEVELOPMENT FOR SECOND DWELLING UNITS SECTION 1. REPEALING EXISTING SECTION 32-76 OF THE DANVILLE MUNICIPAL CODE. The existing Section 32-76 of the Danville Municipal Code is hereby repealed in its entirety. SECTION 2. ADDING A NEW SECTION 32-76 OF THE DANVILLE MUNICIPAL CODE. A new Section 32-76 is hereby added to the Danville Municipal Code to read as follows: Section 32-76 SECOND DWELLING UNITS. 32-76.1 Title. This Section shall be entitled the "Second Ordinance." Dwelling Unit 32-76.2 Purpose. The purpose of this Section 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 residentiafuse and to establish design and development standards for second dwelling units to ensure that they are compatible with existing neighborhoods. 32-76.3 Definitions. "Second &veiling unit" is an attached or detached 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 guesthouses, in-law units and similar second dwelling units, which provide complete independent living facilities. "Owner Occupied" means a unit occupied by a person who has an ownership interest in the unit and also occupies a unit on the property as a primary residence. "Effi'ciency Unit" shall be as defined in Section 17958.1 of the California Health and Safety Code. "Ministerial Second Dzoelling Unit Review Process" shall be defined as the review process conducted concurrently with the submittal of a building permit application for a second dwelling unit. The Development Services Department shall have the responsibility to review the submittal to ensure it meets the standards outlined in the second dwelling unit ordinance for a ministerial review. "Administrative Second Dzoelling Unit Review Process" shall be defined as the review process conducted under a separate application filed with the Development Services Department either prior to or concurrent with the submittal of a building permit application for a second unit where an advisement of the action to be taken by the Town on the application shall be sent by mail to surrounding property owners within a 350 foot radius of the subject parcel. "Conditioned Space" shall be defined as an area or room occupied that is being heated or cooled for human habitation. "Non-Conditioned Space" shall be defined to include, but are not limited to, open decks, patios and breezeways and non-conditioned shops, garages or storage areas. 32-76.4 General. A second dwelling unit, which meets the requirements of this Section, shall be allowed on a parcel, which is zoned for single-family residential use. A second dwelling unit which meets the requirements of this Section shall be considered in 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. 32-76.5 Procedure for Second Dwelling Unit Approval Application. Applications shall be submitted to the Planning Division accompanied by all required fees, project plans (drawn to scale) depicting all onsite improvements, the location of the primary residence and the proposed second dwelling unit and existing trees, and architectural elevations showing the proposed second dwelling unit and its relation to the primary residence, a description of building materials, landscaping, exterior finishes to be used, parking to be provided, and any other Ordinance 2003-07 2 July 15, 2003 information required by the Development Services Department to determine whether the proposed second dwelling unit conforms with the requirements of this section. All applicants shall adhere to procedures for the implementation of this Section, including the Design and Development Standards Subsection and the submittal checklist for plans and drawings. Application and Processing Steps for Second Dwelling Units. Ministerial Second Dwelling Unit Review Process. A Development Services Department Project Planner shall review the proposed second dwelling unit submittal to determine if the project plans include all above required information, and conform to the ministerial requirements of Subsection 32-76.6 (below) - Design and Development Standards for Ministerial Second Dwelling Unit Review Process application. If the proposal is determined to conform, the request shall be approved at a ministerial level by the Development Services Department. ii. Administrative Second Dwelling Unit Review Process. If an application conforms to the requirements of Subsection 32-76.7 (below), and the Development Services Department makes the requisite findings shifting the second dwelling unit request out of the Ministerial Second Dwelling Unit Review process, the Town shall notify all owners of property within 750 feet of the subject property not less than 10 days prior to the Town's action on the. application. iii. Planning Commission Review of Second Dwelling Unit Permit Review Process. If an application conforms to Subsection 32-76.8 (below), and the Development Services Department makes the requisite findings shifting the second dwelling unit request out of the Ministerial Second Dwelling Unit Review process, the second dwelling unit request shall be scheduled on the earliest available Planning Commission meeting for consideration and action as a consent calendar item. Planning Commission review of second dwelling unit requests that do not qualify for consideration and action on the consent calendar shall be scheduled for Planning Commission consideration and action as a public hearing item. Not less than 10 days prior to the Plmming Commission meeting at which time the consent calendar and public hearing second dwelling unit requests will be considered, the Town shall notify all owners of property within 750 feet of the subject property that the Ordinance 2003-07 3 July 15, 2003 application has been filed and the date, time and location of the intended Planning Commission review. 32-76.6 Design and Development Standards for Ministerial Second Dwelling Unit Review Process Applications. All second dwelling unit application proposals under the ministerial review process shall comply with the following design and development standards. Nothing in this Section 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 Housing for Affordable Housing Ordinance, which do not conform With the design and development standards contained within this Section. General. There may be only one second dwelling unit per lot, which shall comply with all applicable building, fire, and health and safety codes. Subdivision. The primary and secondary 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 Planning and Zoning Law pursuant to Section 65852.2. Zoning Requirements. A second dwelling unit shall conform to all zoning standards that are applicable to the primary residence, including front yard, side yard, and rear yard setbacks, setback from other structures and height. Detached second dwelling units may not be constructed under the ministerial review process with reduced side and/or rear yard setbacks as provided for under Subsection 32-22.7 of the Danville Municipal Code. Unit Size. The area of the second dwelling unit shall be a minimum of 150 square feet in size and a maximum of 750 square feet of conditioned space. Design. The exterior appearance of a second dwelling unit shall be architecturally compatible with the primary residence and with the surrounding neighborhood. Architectural compatibility will be determined to exist where there is coordination of building colors and materials (e.g., stucco, siding, masonry material, etc.), coordination of roof material, fenestration, other defined architectural features (e.g., wood details, corbels, stucco coins, masonry material, etc.) and coordination of landscaping ancillary to structures visible by the public or surrounding property owners. The Development Services Department shall review second dwelling units for compliance with the design standards. Ordinance 2003-07 4 July 15, 2003 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 in size, and may be provided as a tandem space (in which case it may not block vehicular access to a parking space required for the primary residence). 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 an 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. Bedrooms. A second dwelling unit shall not contain more than two bedrooms. Utilities. All new utilities for detached second dwelling units shall be installed underground. Heritage Trees. All second dwelling units shall adhere to the provisions of Section 32-79 of the Danville Municipal Code - Tree Preservation if the proposed placement of the second dwelling unit is located within the dripline of a Protected Tree as identified in Subsection 32-79.3 of the Tree Preservation regulations. Garages. Garages which are developed in conjunction with detached second dwelling units, shall be limited to the size necessary to accommodate a maximum of two standard-size parking spaces, as defined in Subsection 32-22.8 of the Danville Municipal Code. 32-76.7 Design and Development Standards for Administrative Second Dwelling Unit Review Process Applications. Second dwelling units which do not qualify for ministerial review may be processed at an administrative level (i.e., action on the request may be taken by the Development Services Ordinance 2003-07 5 July 15, 2003 Department) as an Administrative Second Dwelling Unit Review Process application if the finding can be made that a proposed unit will be appropriately designed as to not be out of scale or character with the receiving property or neighborhood in which the unit is to be located. Unless otherwise modified by this subsection, or through the review process used for second dwelling units subject to this subsection, all provisions outlined in Subsection 32-76.6 (above) shall apply to second dwelling units developed under this subsection. The area of second dwelling units developed under this subsection shall be limited to a maximum size of 1,000 square feet of conditioned space. Second dwelling units developed under this subsection shall be subject to review by the Danville Design Review Board, if such review is deemed necessary by the Development Services Department. Detached second dwelling units may be constructed over a detached garage provided the garage location observes the applicable setbacks requirements for the primary residence. 32-76.8 Design and Development Standards for Planning Commission Second Dwelling Unit Review Process Applications. Unless otherwise modified by this subsection, or through the review process used for second dwelling units subject to this subsection, all provisions outlined in Subsection 32-76.6 (above) shall apply to second dwelling units developed under this subsection. Where the receiving property is greater than or equal to 40,000 square feet in size, the area of second dwelling units developed under this subsection may be increased up to a maximum size of 2,000 square feet if a finding is made that the increased size of the unit results in a unit that is in scale with the receiving property and shall not be larger than the primary residence on the property and that the unit is architecturally designed to mitigate the potential appearance of excessive building massing. Second dwelling units authorized under this subsection which are 1,000 square feet or larger in size may be developed with up to three bedrooms, provided that a finding is made that the resultant increased size of the second dwelling unit is in scale with the receiving property and the primary residence on the property and that the unit is architecturally Ordinance 2003-07 6 July 15, 2003 designed to mitigate the potential appearance of excessive building massing. A waiver to the otherwise applicable setback regulations for detached second dwelling units may be granted as part of the public hearing review process where the Planning Commission finds that, due to the receiving property's relationship to surrounding properties, reduced setbacks will not adversely impact the privacy enjoyed by residents occupying surrounding properties. If this finding is made, minimum setbacks may be reduced down as far as those allowed for detached accessory structures in single-family districts, as specified in Subsection 32-22.7 of the Danville Municipal Code. This waiver may be granted for the construction of a second dwelling unit over a two car detached garage provided the structure does not exceed 21 feet in height. 32.76.9 Second Dwelling Units Subject to Scenic Hillside and Major Ridgeline Development Regulations. Second dwelling units proposed in a Town- identified Scenic Hillside or Major Ridgeline Area shall be developed in compliance with Section 32-69 of the Danville Municipal Code, and shall be subject to review and approval under a separate Development Plan application and considered by the appropriate review body as outlined in the Scenic Hillside and Major Ridgeline Development regulations. 32.76.10 Deed Restriction. 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 an owner occupancy restriction, which has been approved by the City Attorney as to its form and content, and stating that: The second dwelling unit shall be in effect only so long as the owner of record of the property occupies either the primary residence, or the second dwelling unit. 32-76.11 Existing Second Dwelling Units. An existing second dwelling unit not in conformance with this Section shall be considered a nonconforming unit. If a property owner wishes to alter an existing nonconforming unit, the requirements of this Section apply to the proposed alteration. 32-76.12 Exceptions. Exceptions to the provisions of this Section may be granted by the Planning Commission if the following finding is made: Ordinance 2003-07 7 July 15, 2003 Deviation from the stated Design and Development Standards contained within Subsection 32-76.6 of this Section is necessary to install features that facilitate access and mobility for disabled and/or elderly persons. 32-76.13 Variances. Variance permits to modify any standards contained in this Section may be granted by the Development Services Department as an Administrative Permit in accordance with Section 30-4 of the Danville Municipal Code with the exception of Variance requests involving Planning Commission Second Dwelling Unit Review Process applications, which shall be considered by the Planning Commission as a public hearing item. 32-76.14 Appeals. Approvals for second dwelling units authorized under either the Administrative Review process or the Planning Commission Review process may be appealed for cause within 10 days of project approval in accordance with Section 30-7 of the Danville Municipal Code and where the appropriate appeal fee is submitted. Ordinance 2003-07 8 July 15, 2003 SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 4. ENVIRONMENTAL REVIEW. The Town Council adopted a Negative Declaration of Environmental Significance for this project on July 1, 2003 indicating that no significant environmental impacts are expected to be associated with the adoption of this ordinance. SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, clause or phrase in this ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. The foregoing Ordinance was introduced on July 1, 2003 and approved and adopted by the Danville Town Council at a regular meeting held on July 15, 2003, by the following vote: AYES: Shimansky, Arnerich, Doyle, Stepper NOES: None ABSTAIN:None ABSENT: None Ordinance 2003-07 9 July 15, 2003 APPROVED AS TO FORM: CITY ATTORNEY ATTEST: 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. 2003-07 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville Ordinance 2003-07 10 July 15, 2003