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HomeMy WebLinkAbout07-13-1984 CITY COUNCIL STAFF REPORTSCITY OF SARATOGA AGENDA BILL NO. 628 (a) DATE: July 13, 1984 DEPARTMENT: City Attorney SUBJECT': SECOND UNIT ORDINANCE -------------------------- - - - - -- Issue Summary Initial: Dept. Hd. C. Atty. C. Mgr. I ------ ------ On June 20,. 1984, the Council introduced a revised second unit ordinance incorporating all changes agreed upon as of such date. The ordinance is now before the Council for second reading. Recommendation Adoption of ordinance. Fiscal Impacts None anticipated. Exhibits /Attachments Ordinance in the form as introduced, dated June 20, 1984. Council Action 7/18: Ordinance NS3.59:'clarified` and adopted 4- T.- (Clevenger opposed) ORDINANCE NO. NS-3. 59 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY ADDING ARTICLE 16A RELATING TO SECOND UNITS AS CONDITIONAL USES IN CERTAIN ZONING DISTRICTS The City Council of the City of Saratoga does ordain as follows: SECTION 1: Article 16A is hereby added to Ordinance NS -3, the Zoning Ordinance of the City of Saratoga, to read as follows: "ARTICLE 16A SECOND UNITS AS CONDITIONAL USES Sec. 16A.1 - Statement of Findings. The City recognizes that some of its existing housing resources could provide a cost - effective method to deal with housing needs. However, there are environmental and service constraints the City faces which limit the use of methods such as adding second dwelling units. In particular, such units would not be appropriate on hillside lots since these lots usually have environmental constraints on development. The use of second dwelling units is also limited by urban service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts and compatibility with neighboring uses and structures. The following Article incorporates these limitations. Sec. 16A.2 - Definition of Second Unit. As used in this Article and elsewhere in this Ordinance, the term "second unit" shall mean a separate residential unit containing sleeping quarters, a separate kitchen (cooking facilities) and bathroom facilities, created upon a lot within the "A" (Agricultural), 11R -1" (Residential), "HC- RD" (Hillside Conservation Residential), or "NHR" (Northwestern Hillside Residential) zoning district that already contains one legally created residential unit. Subject to the restrictions contained in Section 16A.4, a second unit may be either attached to or detached and separate from the existing main dwelling. Sec. 16A.3 - Use Permit Required. A second unit may be treat been granted for such second unit and this Article 16A. create or occupied only if a use permit has pursuant to the provisions of Article 16 -1- r Sec. 16A.4 - Restrictions and Standards. Only one second unit shall be permitted on any one lot, and no second unit shall be permitted on any lot having an average slope in excess of ten percent (10 %). Each second unit shall comply with all of the following standards before a use permit may be granted: (a) The lot upon which the second unit will be created is located within the "A ", "R -1", "HC -RD" or "NHR" zoning district; PROVIDED, HOWEVER, no second units shall be permitted: (1) On any lot within the R -1- 10,000 zoning district, except a second unit established prior to January 1, 1983, for which a use permit application is made pursuant to Section 16A.11 of this Article; or (2) On any lot which is smaller than the minimum site area prescribed for the zoning district wherein such lot is located, except a second unit established prior to January 1, 1983, upon a lot legally created and constituting a part of the City as of October 22, 1956, for which a use permit application is made pursuant to Section 16A.11 of this Article. (b) The second unit is no larger than 800 square feet of living space, not including the garage. (c) The second unit complies with applicable building, health and fire codes. (d) The second unit complies with applicable zoning ordinance requirements (including, but not limited to, required setbacks, coverage, height limits and design review). No variances shall be granted for any new second unit to be constructed. Except as otherwise provided in Section 16A.11(b), no variances shall be granted for any second unit established prior to the effective date of this Article. (e) A minimum of one (1) covered parking space is provided for the second unit in addition to the covered parking spaces required for the main dwelling. (f) The second unit shall be served by sanitary sewer. Under no circumstances will a second unit be served by a septic tank system. (g) Either the existing main dwelling or the second unit is main- tained as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the main dwelling or the second unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a -2- member of the association, or an employee of any such organi- zation. (h) Either the second unit or the existing main structure is occupied as the principal residence of a person sixty (60) years of age or older. (i) The second unit is served by the same driveway access to the street as the existing main dwelling. (j) The second unit may not be occupied by more than two people as permanent living quarters. (k) If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served by a common entrance. (1) If the second unit is detached from the main dwelling, the lot upon which the second unit is located must be at least 1.6 times the minimum site area prescribed for the zoning district applicable to such lot. (m) The second unit shall comply with such other conditions or standards which, in the judgment of the City Planning Commission, are necessary or appropriate to mitigate possible adverse impacts on the neighborhood. Sec. 16A.5 - Inspections. (a) Prior to the public hearing on the use permit, an inspection of the property shall be conducted to determine that the proposed second unit, and any main dwelling to which a second unit will be attached by a common wall, will comply with all applicable building, health, fire and zoning codes. If a use permit is granted,. a further inspection to determine such compliance shall be conducted after any construction or alteration work is completed. (b) Each second unit and each main dwelling to which a second unit will be attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative prior to the public hearing for the use permit. Any recommendations by the Fire Marshall shall be a condition for the granting of a use permit. Such recommendations may include the connection of the second unit to an existing or proposed remote alarm system installed in the main dwelling. Sec. 16A.6 - Findings Required for Use Permit. Subject to the numerical limitation prescribed in Section 16A.7, the City Planning Commission may grant an application for a second unit use permit as applied for or in modified form, if, on the basis of the application -3- and the evidence submitted, the Commission makes all of the findings set forth in Section 16.6 of this Ordinance and all of the following additional findings: (a) The proposed second unit complies with the standards described in Section 16A.4. (b) The proposed second unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. (c) The proposed second unit is designed to the compatible with the exterior appearance and character of the existing main dwelling. (d) The proposed second unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping. (e) The proposed second unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities. Sec. 16A.7 - Limitation on Number of Use Permits. (a) During the first year after the effective date of this Article, a maximum number of twenty (20) use permits for second units may be granted. Prior to the first anniversary of such effective date, the City Council shall review the impacts of the second units established under such use permits. A public hearing shall be conducted for this purpose. The City Council shall then determine the limitation, if any, on the number of use permits for second units to be granted during the next successive year or such longer period of time as may be specified until the next review by the City Council. The numerical limitation may be increased, decreased or retained by the City Council, based upon its review of impacts caused by the creation of new second units and legalization of existing second units. (b) During any period of time in which a limitation on the number of use permits for second units is imposed, all applications for such use permits shall be date stamped and consecutively numbered when received and permits shall be granted in the order of receipt. The Director of Community Development, or his representative, may decline to receive any application which is not accompanied by payment of the application fee and all information and documents described in Section 16.3 of this Ordinance. If a use permit is granted by the Planning Commission and the matter is thereafter appealed to the City Council, the use permit shall still be included within the numerical limitation unless and until the granting thereof is reversed by the City Council on appeal. If the application for such use permit is denied by the Planning Commission, such application shall not be included within the numerical limitation -4- notwithstanding any appeal to the City Council; provided, however, in the event a use permit is granted by the City Council on appeal, such use permit shall have priority over applications granted subsequent to the date on which the City Council renders its decision. Sec. 16A.8 - Expiration of Use Permit. (a) A second unit permit issued pursuant to this Article shall automatically expire five (5) years from the date of issuance, or upon any change of ownership of the property on which the second unit is located, whichever shall first occur. As used herein, the term "change of ownership" shall mean any conveyance or transfer of an ownership interest or interests exceeding, in the aggregate, fifty percent (50°x) of the entire interest held by all owners of the property, including, but not limited to, the transfer of an equitable interest pursuant to a land contract. (b) Either before or after the expiration date, a new application for a second unit use permit may be filed pursuant to this Article and shall be subject to all of the provisions and standards contained herein; provided, however, if the application is filed prior to or within sixty (60) days after the expiration date, the use permit shall not be subject to or included within any numerical limitation established under Section 16A.7. Sec. 16A.9 - Recordation of Use Permit. The original second unit use permit shall be recorded in the Office of the Recorder for Santa Clara County, California. All of the restrictions applicable to such use permit shall be set forth therein, together with the expiration date as provided in Section 16A.8. Sec. 16A.10 - Revocation of Use Permit. In addition to the grounds for revocation of a use permit as set forth in Section 16.11 of this Ordinance, the Planning Commission may revoke any use permit for a second unit upon a finding that: (a) The second unit has failed to comply with any of the applicable standards contained in Section 16A.4; or (b) The owner of the property has failed to establish the second unit within a reasonable time after the granting of the use permit; or (c) The second unit has been eliminated through alteration of the structure in which such unit was contained; or (d) Any of the findings required under paragraphs (b) or (e) of Section 16A.6 can no longer be made. -5- Sec. 16A.11 - Legalization of Existing Second Units. (a) within one hundred twenty (120) days after the effective date of this Article, the owner of any lot containing a second unit established prior to such effective date shall either discontinue such unit or apply for a use permit pursuant to this Article. No use permit may be granted for an existing second unit unless application for such use permit is filed within one year from the effective date of this Article. (b) In the case of applications for legalization of existing second units established prior to January 1, 1983, the Planning Commission shall have authority to modify the standards set forth in paragraphs (b), (i), (k) and (1) of Section 16A.4 and the Commission may grant a variance pursuant to Article 17 of this Ordinance with respect to the standards set forth in paragraphs (d) and (e) of Section 16A.4, provided the Commission is able to make all of the other findings required under Section 16A.6 for the existing second unit. (c) Use permits for legalization of existing second units granted within one year after the effective date of this Article shall not be subject to or included within the numerical limitation prescribed in Section 16A.7. Sec. 16A.12 - Illegal Second Units. The establishment or continuance of a second unit without a use permit is hereby declared to be unlawful and shall constitute an infraction and a public nuisance. Any violation of this Article 16A shall be subject to the penalties as provided in Article. 2.5 of the Saratoga City Code." follows: follows: follows: SECTION- 2: Section 2.3(g) is hereby added to Ordinance NS -3 to read as "(g) One second unit, under a use permit granted pursuant to Article 16A of this Ordinance." SECTION 3: Section 3.3(1) is hereby added to Ordinance NS -3 to read as "(1) One second unit, under a use permit granted pursuant to Article 16A of this Ordinance, except in the R -1- 10,000 District." SECTION 4: Section 3.6 of Ordinance NS -3 is hereby amended to read as "Not more than one dwelling unit shall be located on each site, unless a use permit for a second unit has been granted pursuant to Article 16A of this Ordinance." CT w follows: as follows: follows: SECTION 5: Section 3B.4(j) is hereby added to Ordinance NS-3 to read as "(j) One second unit, under a use permit granted pursuant to Article 16A of this Ordinance." SECTION 6: Section 11.2(a) of Ordinance NS -3 is hereby amended to read "(a) One - family dwellings. Two spaces, located in a garage or carport, for each dwelling unit except a second unit established under a use permit granted pursuant to Article 16A of this Ordinance, which shall comply with the parking requirement, specified in Section 16A.4(e)." SECTION 7: Section 16.1 of Ordinance NS -3 is hereby amended to read as "A conditional use is not a matter of right, and the Planning Commission may deny a use permit for a use listed as conditional use if it finds that the proposed use will adversely affect existing uses in the immediate neighborhood, or will adversely affect surrounding property and its occupants or its anticipated permitted use or uses. A conditional use may be permitted by a use permit to have different site area, density, structure height, distances between structures, site coverage, front, side and rear yard minimums, off - street parking requirements, other than as listed under the specific regulations for unconditional permitted uses in the zoning district in which it lies; provided, however, no modification of such regulations shall be made in the case of a use permit for a second unit granted pursuant to Article 16A of this Ordinance except as specifically provided in paragraph (b) of Section 16A.11." SECTION 8: Except as otherwise specifically provided herein, if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional . Notwithstanding the foregoing, in the event Section 16A.4(h) or Section 16A.7(a) is held by a court of competent jurisdiction to be invalid or unconstitutional, a moratorium upon the issuance of any further second unit use permits shall be imposed for a period of one hundred twenty (120) days, during which time the City Council shall consider amending Article 16A to -7- accmunodate any impacts resulting from either of said sections being declared invalid or unconstitutional. SECTION 9: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this 18th day of July, 1984, by the following vote: AYES: Councilmenbers Callon, Hlava, Moyles and Mayor Fanelli NOES: Councilmember Clevenger ABSENT: None n MAYYR OF THE CITY OF SARATOGA ATTEST: ;r DEPUl'YCLERK OF THE CITY OF ARATOGA 6/20/84 -8- s PASEO PROPERTIES & INVESTMENTS EL PASEO DE SARATOGA 5120 CAMPBELL AVE. 0 SUITE 124 . SAN JOSE, CA 95130 (408) 866 -8400 July 13, 1981 Dear Mayor Fanelli and City Council Members, I am writing this letter as a realtor and as a non - resident of Saratoga. Most of the homes my company markets do not have a cottage or a granny unit so hopefully I can approach this topic from a less - biased viewpoint. There are several aspects that I'd like to address - first it is not an easy issue to deal with. I don't envy your position and challenge. Yours is a question of finding a balance between having the extreme of a city full of tacky -tacky second units on many of the lots and that of being fair to those who have had every reason to believe through the years that their second unit was and is perfectly acceptable or who have a parcel of sufficient size to adequately and tastefully add a second unit that could be built to code by a licensed contractor. Secondly, it could possibly be proven or surmised that the smaller cities, towns, Tillages, etc. of America have a harder time reaching a balanced solution than the larger co'niunities. This is true regardless of the economic level. There is a "protectionist" philosophy that sometimes dominates over what might be more practical and productive for the community. The "protectionist" view wants to eliminate a "bad element" from entering its' borders when in essence it may be eliminating a good element and in failing to share its blessings with others hurts itself in the long run. Thirdly, we need to address the age level question. Is it in the best interest of the community that either the person living in the main home or the granny unit be 60 years old or older? Maybe the word "cottage" versus "granny unit" would be a better title or good place to start. Consider the following possible samples of real life situations and address the questions of (1) Would this benefit our community? (2) Are most of our citizens the type of people who would not abuse the following age alternatives? A. A friend, close or distant relative has had a drastic financial set -back and needs housing. Owner is less than 60 years old and rents to someone less than 60 years old to help them recoup and re- establish. Page Two B. A married son or daughter, friend at work, loyal employee, etc. goes through a separation or divorce and needs housing and moral support. Again neither owner or renter are over 60. C. A husband or wife loses their spouse, likes their home but needs the cottage rental income to handle the mortgage. All parties are under 60 years of age. D. A couple under 60 would like to provide rental housing at below market to a youth minister at their church or to a private school teacher on a limited income. Fourthly, how many people can live in a cottage? If we say the maximum size is 800+ sq ft (which is fine) then that is adequate to have a full bath, kitchen, eating area, living roman and two bedrooms. Possibly 3 or 4 people could live comfortably instead of a 2 person limit. The fifth consideration is the septic -sewer system. To say that a cottage has to be on a sewer system in all cases may not be a fair requirement. There are beautiful homes on adequate to large size parcels of land in Saratoga where there is no sewer system available to hook up to. The present septic system of house Q, lets say, has been in operation for years, expensively built, well engineered, approved by the city and functioning fine. It adequately handles house Q and cottage Q. The sixth consideration may be to look at the guidelines followed in other real estate situations. Some examples are (1) When we build office buildings or condominiums we require adequate parking on the premises. Does a home with a cottage have this feature or would the street be cluttered with cars? (2) When we move a house onto a vacant lot we say the move on needs to conform architecturally and economically with the neighborhood. Does the cottage blend in well with the master house and surroundings? (3) When we have a lot zoned duplex and there is an existing house on the property, the size of the second unit to be built is determined by the size of the lot. A small lot may mean no cottage. A medium size lot may mean a 600 sq ft cottage with 1 bed - room and a 2 person occupancy, maximum. A large lot may allow 800 sq ft with 2 bedrooms and a 3 -4 person occupancy. (4) On older property on small lots we allow the house to remain because of "granny laws" but state that if it burnt to the ground possibly it could not be rebuilt. People who have bought property in Saratoga in past years and checked with the city regarding the second unit would obviously feel put out to be told a different opinion today. Finally, there is a real estate value attached to a property with a cottage. Lenders have made loans based on an appraisal of a master home and a cottage. People have paid prices on the same basis. To require a kitchen to be removed from a cottage or a cottage to be removed from the property Page Three because of a septic system or a blanket policy without practical consi- derations would jeapordize lenders and property owners financially. Possibly even the tax rolls and customer counts at local businesses also. These suggestions are "diamonds in the rough" that obviously need polishing and fine tuning. I appreciate your taking the time to consider them. Sincerely, Barry Olson Co -owner Paseo Properties and Investments BGO : co