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HomeMy WebLinkAboutOrdinance 218 - Amending Code on second dwelling units ORDINANCE 218 AN ORDINANCE AMENDING SECTIONS 15-56 OF THE ZONING CODE OF THE CITY OF SARATOGA RELATING TO SECOND DWELLING UNIT REGULATIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect amending the provisions relating to Second Dwelling Unit Regulations found in the Saratoga Code and so recommends, and B. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Housing Element which states in Housing Element Program I.l, which calls for the streamlining of the City's Second Dwelling Unit Regulations, and C. The adoption of this ordinance is consistent with the provisions of Assembly Bi]] 1866 in that all requirements for discretionary reviews (Use Permits) have been removed from the regulations. Section 2. Adoption. Article 15-56 is amended to read: 15-56.010 Purpose. The purpose of this Chapter is to authorize the establishment of secondary living units in single-family districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of secondary living units will promote a stable heterogeneous community with a balanced social and economic mix. 15-56.020 One second unit per site. Only one-second unit shall be permitted on anyone site. 15-56.030 Development standards. Except as otherwise provided in Section 15-56.050, each second unit shalJ comp1y with alJ of the folJowing development standards: (a) Lot size. If the second unit is attached to the main dwellíng, the net site area of the lot upon which the second unit is located shalJ not be less than the minimum standard prescribed for the district applicable to such lot. (b) Unit size. The second unit shalJ be at least four hundred square feet and shalJ not exceed twelve hundred square feet of living space, not including the garage. If a second dwellíng unit has a basement, the area of the basement is included as part of the total maximum allowed. (c) Building codes. The second unit shall comply with applicable building, health and fire codes. (d) Zoning regulations. The second unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). A one-time 10"/0 increase in site coverage and allowable floor area may be granted by the Community Development Director if the new second dwelling unit is deed restricted so that it may only be rented to below market rate households. (e) 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. The garage requirement may be waived if the second dwellíng unit is deed restricted so that they may only be rented to below market rate households. If the garage requirement is waived, an open parking space must be provided. (I) Access. The second unit shall be served by the same driveway access to the street as the existing main dwelling. (g) Common entrance. If the second unit is attached to the main dwelling, both the second unit and the main dwellíng must be served by either 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. (h) Limitations on number of bedrooms. A secondary living unit may not have more than two bedrooms. (í) Appearance. All new construction to create a secondary living unit must match the existing main structure in color, materials and architectural design. 15-56.040 Inspections. (a) Where the application is for legalization of an existing second unit or approval of a proposed unit to be attached to the main dwelling an inspection of the property shall be conducted to determine that the existing 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. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) Each existing second unit and a main dwelling, to which a second unit will be attached by a common walJ, shalJ be reviewed by the Fire MarshalJ or his designated representative. Any recommendations by the Fire Marshall shall be a condition for the granting of a building permit. Such recommendations may include the connection of the second unit to an existing or proposed early warning fire alann system installed in the main dwelling. (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the issuance of a second unit use permit constitute a representation or warranty by the City to the owner of the property or any other person that such property fully complies with all appIicable building, health and fire codes. 15-56.050 Legalization of existing second units. (a) Purpose of Section. It is in the pubIic interest that all residents of the City live in safe, sanitary housing conditions. Second units currently exist which were created prior to the adoption of this Article. In order to encourage the legitimating of such units under the law, the owners of property on which second units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing second units are not safe and sanitary for continued human occupancy, 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 special procedures and standards for legaIization of existing second units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to second units estabIished prior to April 5, 2003 but after August 18, 1984 within a structure for which a building pennit 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 estabIished from and after April 5, 2003, shaII be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of Application. AppIication to legaIize an existing second unit shall be filed with the Community Development Director on such form as shaII be prescribed. The application shall be accompanied by the foIIowing: (I) 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 MarshaII, 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) If the site is a hillside lot, either or both of the foIIowing documents shall be furnished if requested by the Community Development 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. (6) If the existing second dwelling 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) Standards. Existing second units shall comply with the following standards: (I) Where the second unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development 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. (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. (h) Disqualified existing units. Any second unit established prior to AprilS, 2003 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: (I) The existing second unit shall comply with the standards set forth in subsection (d) of this Section. (2) The existing second unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (j) Burden of proof. Wherever in this Section the legalization of an existing second unit depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 19 day of February, 2003, and was adopted by the following vote following a second reading on the 5 day of March, 2003: AYES: Councilmembers Kathleen King, Norman Kline, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: Councilmember Stan Bogosian, Vice Mayor Ann Waltonsmith ~. NICK STREIT, MAYOR CAT ATTES APPROVED AS TO FORM: -- ~,.~---....... '-----.. RICHARD TAYLOR, CITI' ATTORNEY