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HomeMy WebLinkAbout2014-06ORDINANCE NO. 2014-06 REPEALING SECTION 32 -76 - SECOND DWELLING UNITS OF THE DANVILLE MUNICIPAL CODE AND ADOPTING A NEW SECTION 32 -76 - SECOND DWELLING UNITS The Danville Town Council does ordain as follows: SECTION 1. REPEALING THE EXISTING SECTION 32 -76 OF THE DANVILLE MUNICIPAL CODE. The existing Section 32 -76 of the Danville Municipal Code is repealed in its entirety.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: 32 -76 SECOND DWELLING UNITS 32 -76.1 Purpose 32 -76.2 Definitions 32 -76.3 General Design and Development Standards 32 -76.4 Procedure for Second Dwelling Unit Approval. 32 -76.5 Deed Restriction 32 -76.6 Existing Second Dwelling Units 32 -76.7 Exception 32 -76.8 Variances 32 -76.9 Appeals 32 -76.1- Purpose. The purpose of this section is to increase opportunities for the development of smaller dwelling units for individuals and families developed on certain lots which are zoned for single family residential use; to provide affordable rental housing units for families and individuals with limited income; to provide rental units for the elderly and disabled; and to protect property values and the integrity of the neighborhood by ensuring design and development standards are compatible with the existing neighborhood. 32 -76.2 - Definitions. a. Administrative Second Dwelling Unit Reviezo Process shall be defined as the review process conducted under a separate application filed with the Town 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 three hundred fifty (350) foot radius of the subject parcel. In the case of an appeal, the application shifts to a Planning Commission review process. b. Attached shall be defined as a building or a structure that is structurally a part of or has a common wall or continuous roof with the main building or structure. C. Conditioned space shall be defined as an area or room that is being heated or cooled for human habitation. d. Detached shall be defined as a building or structure not structurally part of and not sharing a common wall or continuous roof with the main building or structure. e. Ministerial Second Dwelling 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 Town shall review the building permit submittal to ensure it meets the standards outlined in this section. f. Non - conditioned space shall be defined to include, but are not limited to, open decks, patios, breezeways, non - conditioned shops, garages, and storage areas. g. Planning Commission Second Dwelling Unit Review Process shall be defined as the review process conducted under a separate application filed with the Town where a proposed second dwelling unit includes an exception or variance request. The review process shall include a public hearing held by the Planning Commission where notification is mailed to surrounding property owners within a seven hundred and fifty (750) foot radius of the subject parcel. h. Second dwelling unit is an attached or detached conditioned 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 guesthouse, in -law unit, efficiency unit (as defined in Health and Safety Code section 17958.1), manufactured home (as defined in Health and Safety Code section 18007), and similar second dwelling units, which provide complete independent living facilities. (Gov't. Code §65852.2 (i)(4).) SECOND DWELLING UNITS PAGE 2 OF ORDINANCE NO. 2014-06 32 -76.3 - General Design and Development Standards. 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 residential 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. a. Bedrooms. A second dwelling unit shall not contain more than two bedrooms with the exception of units over 1,000 square feet. Units over 1,000 square feet may have a maximum of three bedrooms. b. Density. There may be only one second dwelling unit per lot, which shall comply with all applicable building, fire, and health and safety codes. C. 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. d. Detached Garage and Second Dzoelling Units. A detached second dwelling unit may be constructed in conjunction with a detached garage provided the garage/ second dwelling unit's location observes the applicable setbacks and height. A detached garage which is developed in conjunction with a detached second dwelling unit shall be limited to the size necessary to accommodate a maximum of two standard -size parking spaces which shall be a. maximum garage dimension of 20 feet wide and 22 feet deep, measured from the face of the interior walls. e. Height. The maximum height of a second dwelling unit shall be two and one half stories or 35 feet in height, whichever is less, provided that the second dwelling unit observes the minimum setbacks applicable to the primary residence. Detached second dwelling units with setbacks that are less than the requirements for the primary structure, as allowed for in this section, shall have a maximum height of fifteen (15) feet. Second dwelling units within Town - identified Scenic Hillsides or Major Ridgeline areas shall comply with additional height restrictions as outlined in Section 32- 69 of the Municipal Code. f. 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 SECOND DWELLING UNITS PAGE 3 OF ORDINANCE NO. 2014-06 dripline of a protected tree as identified in Subsection 32 -79.3 of the Tree Preservation regulations. g. 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. h. Parking, Off - Street. 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). i. Setbacks (side and rear minimum). Attached second dwelling units shall observe the same setbacks applicable to the primary structure. Detached second dwelling units may observe a minimum side and rear yard setback of 10 feet from the property line, provided they meet the applicable height requirements under Section 32- 76.3.e. All second dwelling units shall maintain the minimum front yard and secondary front yard setbacks applicable to the primary structure. Second dwelling units may be constructed with side and rear setbacks that are less than ten feet from the property line only upon the approval of an exception or variance by the Planning Commission. j. 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. of the California Code. k. Utilities. All new utilities for detached second dwelling units shall be installed underground 32 -76.4 - Procedure for Second Dwelling Unit Approval. 1. Application. Applications shall be submitted to the Town 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 UNITS PAGE 4 OF ORDINANCE NO. 2014-06 second dwelling unit and existing trees, floor plans 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 information required by the Town 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 Design Review Board submittal checklist for plans and drawings. 2. Application and Review Process for Second Dwelling Units. UNIT SIZE (square feet) PROCESS TYPE 150-1,000 Ministerial >1,001 - 2,000 Administrative Variance, Exceptions, and Appeals Public Hearing - Planning Commission a. Ministerial Second Duelling Unit Revieu7 Process. A ministerial review process shall be conducted concurrently with the submittal of a building permit application for the second dwelling unit. i. Unit Size. The unit size may be a minimum of 150 square feet and a maximum of 1,000 square feet of conditioned space. ii. All second dwelling unit application proposals under the ministerial review process shall comply with the design and development standards as specified in section 32 -76.3. If the proposal is determined to conform, the request shall be approved at a ministerial level by the Town. b. Administrative Second Dwelling Unit Reviezt7 Process. For second dwelling units that do not qualify for ministerial review, an administrative review process shall be conducted prior to or concurrently with the submittal of a building permit application. The applicant must file a Development Plan application with the Town. The Town shall notify all owners of property within 350 feet of the subject property not less than 10 days prior to the Town's action on the application. i. Unit Size. The unit size may be at a minimum of 1,001 square feet with the maximum size of 2,000 square feet of conditioned space. ii. All second dwelling unit application proposals under the Administrative review process shall comply with the design and development standards as specified in section 32 -76.3. SECOND DWELLING UNITS PAGE 5 OF ORDINANCE NO. 2014-06 iii. Minimum lot size for any second dwelling unit over 1,000 square feet in size shall be 40,000 square feet. For any second dwelling unit proposed to be over 1,000 square feet in size, a finding must be made that the increased size of the second dwelling unit results in a second dwelling unit that is in scale with the receiving property, is not larger than the primary structure on the property, and that the second dwelling unit is architecturally designed to mitigate the potential appearance of excessive building massing. iv. Second dwelling units developed under this section shall be subject to review by the Danville Design Review Board, if such review is deemed necessary by the Town. C. Planning Commission Second Du7elling Unit Reviezn Process. If an application does not conform to Subsection 32 -76.3 of this section and the Town determines that the application requires a variance or an exception, the second dwelling unit shall be scheduled for review by the Planning Commission for consideration and action during a noticed public hearing. The Town shall notify all owners of property within 750 feet of the subject property that the application has been filed and the date, time, and location of the Planning Commission public hearing. i. An exception 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 to comply with the minimum requirements for detached accessory structures in single - family districts, as specified in subsection 32 -22.9 of the Danville Municipal Code. d. Second dwelling units proposed in a Town - identified Scenic Hillside or Major Ridgeline Area shall be developed in compliance with Section 32 -6 of the Danville Municipal Code, and shall be subject to review under a Development Plan application and considered by the appropriate review body as outlined in the Scenic Hillside and Major Ridgeline Development regulations. e. Nothing in this section shall preclude the ability of the Planning Commission to approve second dwelling units, to be 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 does not conform to the design and development standards contained within this section. SECOND DWELLING UNITS PAGE 6 OF ORDINANCE NO. 2014-06 32 -76.5 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 -76.6 - Existing Second Dwelling Units. a. An existing, approved second dwelling unit not in conformance with this section shall be considered a nonconforming second dwelling unit. If a property owner wishes to alter an existing nonconforming second dwelling unit, the requirements of this section will apply to the proposed alteration. b. An existing but not approved second dwelling unit that meets the requirements of this section may be legalized if the property owner modifies the second unit to address any deficiencies identified through a life/ safety inspection by the Town Building Division. 32 -76.7 - Exceptions. a. Exceptions to this section may be granted by the Chief of Planning as a reasonable accommodation under Section 30 -12. b. A setback exception for detached second dwelling units may be approved by the Planning Commission pursuant to Section 32- 76.4.2.c.i. 32 -76.8 - Variances. Variance permits to modify any standards contained in this section may be granted by the Planning Commission upon meeting the appropriate variance findings. 32 -76.9 - Appeals. Approvals for second dwelling units under this chapter may be appealed for cause within ten days of project approval in accordance with Section 30 -7 of the Danville Municipal Code and where the appropriate appeal fee is submitted. SECOND DWELLING UNITS PAGE 7 OF ORDINANCE NO. 2014-06 SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 4. 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. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing ordinance was introduced on September 16, 2014 and approved and adopted by the Danville Town Council at a regular meeting held on October 7, 2014, by the following vote: AYES: Storer, Doyle, Arnerich, Morgan, Stepper NOES: None ABSTAIN: None ABSENT: None 1VIAYOR z F M: ATTEST: CITY ATTORNEY CITY CLl 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. 2011 -06 of said Town and that said ordinance was published according to law. Dated: City Clerk of Town of Dan V1 M SECOND DWELLING UNITS PAGE 8 OF ORDINANCE NO. 2014-06