Loading...
HomeMy WebLinkAbout71.24 ORDINANCE NO. 71. 24 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 15--56 OF THE ~;rrY CODE TO MODIFY THE PROVISIONS CONCERNING LEGALIZATION OF EXISTING SECOND UNITS The City Council of the City of Saratoga does hereby ordain as follows: SECTION h A new Section 15-56.025 is added to Article 15-56, to read as follows: "S15-56.025 One second unit per site Only one second unit shall be permitted on any one site." SECTION 2: Section 15-56.030 in Article 15-56 is amended to read as follows: "S15-56.030 Development standards Except as otherwise provided in Section 15-56.110, each second unit shall comply with all of the following development standards before a use permit may be grunted: (a) Lot size. If the second unit is attached to the main dwelling, the net site area of the lot upon which the second unit is located shall not be less than the minimum standard prescribed for the district applicable to such lot; provided, however, if the lot is located within the R-l-10,000 district, the minimum net site area of such lot shall be at least 12,500 square feet. 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 net site area prescribed'for the district applicable to such lot. (b) Slope. No second unit may be located upon a hillside lot. (c) Unit size. The second unit shall not exceed eight hundred square feet of living space, not including the garage. (d) Building codes. The second unit shall comply with applicable building, health and fire codes. (e) Zoning regulations. The second unit shall comply with applicable zoning regulations (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. (f) Parking. A minimum of one off-street covered parking space within a garage shall be provided for the second unit in addition to the off-street covered parking spaces required for the main dwelling. -1- (g) Sewer. The second unit shall be served by sanitary sewer. (h) Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (i) Common entrance. 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 or a separate entrance to the second unit must be located on the side or at the rear of the main dwelling. (j) Other conditions. The second unit shall comply with such other conditions or standards which, in the judgment of the Planning Commission, are necessary or appropriate to mitigate possible adverse impacts on the neighborhood." SECTION 3: Section 15-56.040 in Article 15-56 is amended to read as follows: "S 15-56.040 Occupancy restrictions (a) Either the existing main dwelling or the second unit shall be occupied 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 member of the association, or an employee of any such organization. (b) Either the second unit or the existing main dwelling shall be occupied as the principal place of residence of a person sixty years of age or older or a person who is physically handicapped. (c) The second unit may not be occupied by more than two people as permanent living quarters. (d) The Planning Commission shall have authority to waive or modify the owner occupancy restriction set forth in Paragraph (a) of this Section, or the age restriction set forth in Paragraph (b) of this Section, or both of such restrictions, if the Commission determines that, by reason of special circumstances in a particular case, the application of such restrictions will result in extreme hardship upon the owner or occupant of the property. The Planning Commission may impose such conditions as it deems necessary or appropriate in order to mitigate any actual or potential adverse impacts from the granting of a waiver or modification hereunder. (e) This Section shall apply to either a new or existing second unit for which a use permit is granted pursuant to this Article." SECTION 4: Section 15-56.060 in Article 15-56 is amended to read as follows: "S15-56.060 Findings required for issuance of use permit Subject to the numerical limitation prescribed in Section 15-56.070 and except as otherwise provided in Section 15-56.110, the Planning Commission may grant an -2- application for a second unit use permit as applied for or in modified form; if, on the basis of the application and the evidence submitted, the Commission makes all of the findings set forth in Section 15-55.070 of this Chapter and all of the following additional findings: (a) The proposed second unit complies with the development standards described in Section 15-56.030. (b) The proposed second unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. (e) The proposed second unit is designed to be 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." SECTION 5: Section 15-56.100 in Article 15-56 is amended to read as follows: "S15-56.100 Revocation of use permit In addition to the grounds for revocation of a use permit as set forth in Section 15-55.110 of this Chapter, 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 development standards contained in Section 15-56.030; or (b) The holder of the use permit has violated any of the applicable occupancy restrictions contained in Section 15-56.040; or (c) The holder of the use permit has violated any of the conditions set forth therein; or (d) The holder of the use permit has failed to provide a certification of compliance in accordance with Subsection 15-56.080(b); or (e) The owner of the property has failed to estabIish the second unit within a reasonable time after the granting of the use permit; or (f) The second unit has been eliminated through alteration of the structure in which such unit was contained; or (g) Any of the findings required under Paragraphs (b) or (e) of Section 15-56.060 or Paragraph (g) of Section 15-56.110 can no longer be made.*' SECTION 6: Section 15~56.110 in Article 15-56 is amended to read as follows: "$15-5 5~ 110 Legalization of existing second units (a) Purpose of Seetiun. It is in the public interest that all residents of the City live in safe, sanitary housing eonditions. Second units eurrently exist which were created prior to the adoption of this Article. In order to encourage the legitimation of such units under the law, the owners of property on which second units are located should be encouraged to legalize sueh units provided the units are determined to he both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human oceupaney, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish speeial procedures and standards for legalization of existing second units that are or can be made fit for human occupancy. (b) Seopo of Section. This Section shall apply only to second units established prior to August 18, 1984 within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any second unit established from and after August 18, 1984, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. Application for a use permit to legalize an existing second unit shah be filed with the Planning Director on such form as he shall prescribe. In lieu of the items described in Section 15-55.040 of this Chapter, the application shah be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces on the site. (3) Inspection reports by an independent contractor and the Fire Marshall, as required under Section 15-56.050 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) The name and age of the occupants of the second unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupants. (6) A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (7) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Planning Director: (i) A topographic map of the site showing contours at intervals of not more than five feet; and/or (ii) A geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. -4- (8) If the second unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Processing Fee. A processing fee shall be paid to the City at the time of filing the application for use permit. If the application is voluntarily filed by the property owner prior to December 31, 1988, the fee shall be fifty percent of the amount then charged as the normal second unit use permit application fee. If the application is filed in response to a written notice from the City to do so, or is filed at any time after January 1, 1989, the fee shall be the amount then charged as the normal second unit use permit application fee. (e) Proeedureo Upon the filing of an application for a use permit to legalize an existing second unit, the following procedure shall be followed: (1) The Planning Director shall send a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the Planning Director within ten days from the date of the notice. (2) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Planning Director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing. (3) If a request for an administrative hearing is received within the time prescribed in the notice, the Planning Director shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. The decision by the Planning Director may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. (f) Standards. Existing second units shall comply with the following standards: (1) Where the second unit is iocated upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Planning Director, that the second unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazard. (2) In lieu of compliance with the Uniform Building Code, the second unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. -5- (3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the second unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the second unit shall be screened from view from the street~ if possible; otherwise, the driveway on the site may be utilized as a parking space for the second unit. (4) Where the second unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and his successors will be obligated to connect the second unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay his proportionate share of the installation cost. (5) The requirement of occupancy of either the second unit or the main dwelling by a person sixty years of age or older. or by a person who is physically handicapped shall not apply to any tenant in lawful possesion of the premises as of August 18, 1984, and such tenancy may be continued until the expiration or termination of the lease. (6) The second unit shall comply with such other standards which, in the judgment of the Planning Director, are necessary or appropriate to mitigate adverse impacts on adjacent properties. (g) Fi~i~gs~. The Planning Director may grant the application for a use permit to legalize an existing second unit as applied for or in modified form if, on the basis of the application and the evidence submitted, the Planning Director makes all of the following findings: (1) The second unit complies with the provisions of the Uniform Housing Code and applicable provisions of the health and fire codes. (2) The second unit is compatible with the exterior appearance and nature of the existing main dwelling on the site. (3) The second unit does not unreasonably interfere with the privacy otherwise available to the residents of adjacent properties. (h) Disqualified existing units. Any second unit established prior to August 18, 1984 which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The Planning Commission shall have authority to modify the standards set forth in Paragraphs (b), (c), (d), (f), (g), (h) and (i) of Section 15-56.030, provided the Commission is able to make all of the other findings required under Section 15-56.060 for the existing second unit. -6- (2) The existing second unit shah comply with the standards set forth in Paragraph (f) of this Section. (3) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (i) Burden of proof. Wherever in this Section the legalization of an existing second unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. (j) Numerical limit. Use permits for legalization of existing second units shall not be subject to or included within the numerical limitation prescribed in Section 15-56.070." SECTION T: 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 one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 8: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and~dr~ted at a regular meeting of the City Council held on the 15t-hday of , 1987, by the following vote: AYES: Councilmenbers Moyles, Peterson and M~yor Hlava NOES: Councilrrembers Anderson and Clevenger ABSENT: None ABSTAINSone ~ ~,~A~O~R~. ATTEST: C/C~'RK~ which has been pu~or~g,t0 law. beputy City Clerk -7-