Loading...
HomeMy WebLinkAboutNS 3.72 Oi:{DINf.~I'q'CM' NS 3.72 - AN ORDINANCE OF THE CiTY OF SARATOGA AMENDING AETICLE 16A OF ORDINANCE NS-3, PERTAINING TO SECOND UNITS The City Council of the City of Saratoga does ordain as follows: SECTION h Section 16A.4 is amended to read as follows: "See. 16A. 4 - Restrictions and standards. Only one second unit shall be permitted on any one lot. 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 an A/ R-l, HC-RD or NHR district~ PROVIDED, HOWEVER, no second units shall be permitted: (1) On any lot within the R-I-10,000 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. (2) On any lot which is smaller than the minimum site area prescribed for the 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 lot upon which the second unit will be created does not have an average slope in ex.cess of ten percent. (e) The second unit is no larger than eight hundred square feet of living spae.e, not including the garage. (d) The second unit complies with applicable building, health and fire cedes. (e) 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. (f) A minimum of one off-street covered parking space is provided for the second unit in addition to the off-street covered parking spaces required for the main dwelling. (g) The second unit shall be served by sanitary sewer. (h) Except as otherwise provided in Section 16A.4-1, either the existing main dwelling or the second unit is maintained as the principal place of 9~4/85 -1- 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. (i) Except as otherwise provided in Section 16A.4-I, either the second unit or the existing main dwelling is occupied as the principal residence of a person sixty years of age or older or a. person who is physically handicapped. (j) The second unit is served by the same driveway access to the street as the existing main dwelling. (k) The second unit may not be occupied by more than two people as permanent living quarters. (1) If the second unit is attached to the main dwelling, both the second unit and the main dwelling must either 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. (m) 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 district applicable to such lot. (n) 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 2: Section 16A.4-1 is hereby added to Article 16A, to read as follows: "See. 16A.4-1 - Waiver of modification of owner occupancy and age restrictions. (a) The Planning Commission shall have authority to waive or modify the owner occupancy restriction as set forth in Subsection 16A.4(h), or the age restriction as set forth in Subsection 16A.4(i), 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. (b) This Section shall apply to either a new or existing second unit for which a use permit is granted pursuant to this Article. SECTION 3: Section 16A.5 is amended to read as follows: "See. 16A. 5 - Ins[~ections. (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 9/4/85 -2- 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. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the cost thereof shall be paid by the applicant. (b) Each second unit and a 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. (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 tile physical condition of the property, nor shah 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 applicable building, health and fire codes." SI~.CTION 4: Section 16A.8 is amended to read as follows: "See. 16A.8 - Duration of use permit} use permit to run with land~ certificate of compliance. (a) A second unit use permit may be granted for a specified period of time, with or without the right to apply for extensions, or may be allowed to continue indefinitely. Such use permit shah run with the land and the conditions thereof shall be binding upon all successive owners of the property on which the second unit is located for so long as the use permit remains in effect. (b) At each five year interval from the date a second unit use permit is granted, the holder of such permit shall certify to the Director of Community Development, on such form as he may prescribe, that the holder has complied and continues to comply with all of the applicable standards and requirements of this Article and all conditions as set forth in the use permit. The Director of Community Development may request the holder to furnish such information and documents as the Director may deem necessary in order to verify the truth or accuracy of any statements contained in the certification." SECTION 5: Section 16A.9 is amended to read as follows: "See. 16A.9 - Recordation of Use Permit. The original second unit use permit shah be recorded in the Office of the County Recorder. All of the restrictions and conditions applicable to such use permit shall be 9~4/85 -3- set forth therein, together with the requirement for certification of compliance as provided in Subsection 16A.8(b)." SlgCTION 6: Section 16A.10 is amended to read as follows: "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 holder of the use permit has violated any of the conditions set forth therein; or (c) The holder of the use permit has failed to provide a certification of compliance in accordance with Subsection 16A.8(b); or (d) The owner of the property has failed to establish the second unit within a reasonable time after the granting of the use permit; or (e) The second unit has been eliminated through alteration of the structure in which such unit was contained; or (f) Any of the findings required under paragraphs (b) or (e) of Section 16A.6 can no longer be made." SECTION 7: Section 16A. 11 is amended to read as follows: "Sec. 16A. I1 - Legalization of existing Second Units (a) The owner of any lot containing a second unit established prior to August 18, 1984 shall either discontinue such unit or apply for a use permit pursuant to this Article. If such application is filed prior to December 31, 1985, the normal use permit application fee shall be charged. If such application is filed after January 1, 1986, then the normal application fee charged as of December 31, 1985 shah be paid plus a like amount for each calendar year, or fraction thereof, which has elapsed from January 1, 1986 to the date of filing the application. An application shall be deemed "filed" when the same is submitted to the Director of Community Development and accepted by the Director as being complete and all required fees and cost deposits have been paid in full. (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), (c), (d), (e), (f), (g), (i), (j) and (m) of Section 16A.4, provided the Commission is able to make aH of the other findings required under Section 16A.6 for the existing second unit and subject to the following limitations: 9/4/55 (1) Where a second unit is located upon a site having an average slope in excess of ten percent, the applicant shall demonstrate, to the satisfaction of the Planning Commission, 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 Cede, 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 such covered parking space. 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 a 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. Except as otherwise expressly provided herein, said requirement shall not be modified. (e) Wherever in this Article 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. (d) Use permits for legalization of existing second units .shall not be subject to or included within the numerical limitation prescribed in Section 16A.7." 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, sentencest clauses or phrases may be held invalid or unconstitutional. Notwithstanding the foregoing, in the, event Section 16A.4(i) 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 9/4/85 -5- for a period of one hundred twenty days, during which time the City Council shall consider amending Article 16A to accommodate any impacts resulting from said section being declared invalid or unconstitutional. SECTION 9: This Ordinance shall take effect and be in full force and effect thirty 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 at a regular meetin of the City Council of the City of Saratoga held on the 18thday of 1985, by the following vote: ., AYES: Councilmenbers Callon, Fanelli, Hlava, Foyles and Mayor Clevenger NOES: None ABSENT: None MA'YOR OF THE CITY OF SAR~IFOGA ATTEST: ~ ~ YO~""' The a'hove and fore o · P ished acco;Uir}g o law~ which has been Oeputy~ 9/4/85 -6-