Nevada City to Consider a Leniency Program for Second Units on Wednesday

Published on Oct 7, 2008 - 10:47:51 AM

By: YubaNet

City of Nevada City Special Joint Meeting City Council & Planning Commission

Note Early Start Time


Agenda for Wednesday, October 8, 2008 at 5:00 p.m.
City Hall - Beryl P. Robinson, Jr. Conference Room 317 Broad St. Nevada City, CA 95959

Call to Order - Roll Call of Council Members & Planning Commissioners
Pledge of Allegiance

1. Subject: Consideration and Discussion of:
a) a Proposed Second Unit Housing Leniency Program; and
b) a Proposed Ordinance for Second Dwelling Units in Residential Zones.

Recommendation: Direct Staff to Schedule a Public Hearing before the Planning Commission to Consider the Draft Second Dwelling Unit Ordinance in Residential Zones and to Schedule a Public Hearing before the City Council on the Second Unit Leniency Program.

2. ADJOURNMENT



Staff Report


RECOMMENDATION: Direct staff to make modifications as determined by the City Council and schedule appropriate public hearings

BACKGROUND

On September 10, 2008, a joint Planning Commission-City Council workshop was conducted to consider potential revisions to the second dwelling ordinance. On September 24, 2008, a joint Planning Commission-City Council workshop was conducted to consider whether an amnesty program for unauthorized second dwelling units should be considered. Both topics are related to the update to the housing element as possible strategies to facilitate and/or legalize second units. At the close of the September 24, 2008, workshop, staff was directed to prepare formal draft ordinances to update the current Second Dwelling Unit ordinance and to prepare a draft Second Unit Leniency Program ordinance. Both are attached.

The purpose of this meeting is for the Planning Commission and City Council to provide its formal comments before the two separate ordinances are scheduled for their respective public hearings.

DISCUSSION

The draft Second Dwelling Unit Ordinance revisions should be scheduled for the Planning Commission meeting at its next available meeting following environmental determination.

The Second Unit Leniency Program is one to establish a method to legalize existing, unauthorized second units and does not establish new land uses. It is proposed to be codified in the Title 15 of Nevada City Municipal Code. Because it is not an amendment to the Zoning Ordinance, it can be scheduled for a City Council meeting only. Should this be done at the next City Council meeting, there would be time for existing unauthorized second units to fully enroll in the program such that those new units could then be counted as part of the current Housing Element cycle.

Attachments: Draft Second Unit Leniency Program Draft Second Dwelling Unit Ordinance

DRAFT
ORDINANCE-2008-XX
AN ORDINANCE AMENDING ORDINANCE 2003-04
SECOND DWELLING UNITS IN RESIDENTIAL ZONES

17.72.020 Purpose. The City of Nevada City finds and declares that Residential Second Units are an important form of housing that contributes to the character and diversity of housing opportunities in Nevada City. Residential Second Units provide workforce housing, housing for family members, students, elderly, in-home health care providers, the disabled and others, at below market rental rates within existing neighborhoods.

A "Residential Second Unit" or "Second Unit" shall mean an attached or detached dwelling unit in addition to the primary unit allowed in all zoning districts that allow single family dwellings as a permitted use and provides complete independent living facilities for one or more persons.

It is the intent of Nevada City to encourage residential second units and, additionally, to impose standards on such units that will enable homeowners to create residential second units that will be compatible, as much as possible, with their neighborhoods. An additional purpose of this Ordinance is to comply with Section 65852.2 of the California Government Code relative to residential second units.

17.72.022 Application for Residential Second Unit Permit

A. A Residential Second Unit permit is required to establish a new Residential Second Unit in any zoning district that allows a single-family dwelling unit as a permitted use. Any application for a Residential Second Unit that meets the unit size standards and development standards contained in Sections 17.72.024 and 17.72.026 shall be approved ministerially by the city planner, by applying the standards herein and without a public hearing.
B. Should a Residential Second Unit fail to meet the unit size standards or development standards provided in sections 17.72.024 and 17.72.026 of this chapter, the Residential Second Unit may still be allowed but only if the applicant has a use permit approved by the planning commission at a noticed public hearing.
C. An application for a Residential Second Unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city planner on a city-approved application form and subject to the established fee.
D. Upon approval of a Residential Second Unit, the city planner shall provide written notification of the approval to the adjacent property owners. The notification shall include the purpose and the importance of Second Units to the city. The notice shall be informative only and shall not open the Second Unit permit to public review and/or public comment.

17.72.024 Unit Size Standards.

All Residential Second Units shall meet the size standards listed below for attached or detached units. Any deviation from the size standards listed below shall require the filing of a use permit application to be considered by the planning commission at a public
hearing.

A. Attached Units:
1. The increased floor area of an attached Second Unit shall not exceed thirty percent (30%) of the existing Living Area. "Living Area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. However, in no case shall an attached Second Unit exceed six hundred forty (640) square feet of interior living space.
2. An attached unit shall meet all setback requirements. However, if the existing primary residence was constructed in the setbacks and is a legal, non-conforming structure, the new constructed addition shall meet all setback and development standards of the base zoning district.
3. An attached unit can be fully constructed within the existing footprint of any legal primary residence.

B. Detached Units:
1. A detached unit shall not exceed eight hundred (800) square. feet of living area, excluding a garage and shall meet all setback standards of the base zoning district. "Living Area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
2. A detached second dwelling may have an attached garage or carport that does not exceed four-hundred eighty (480) square feet.

17.72.026 Development Standards

Any permit for a Residential Second Unit shall be subject to the development standards listed below. Any deviation from the development standards listed below shall require the filing of a use permit application to be considered by the planning commission at a public hearing.

A. Legal Lot/Residence. A Residential Second Unit shall only be allowed on a lot within the city that contains a legal, single-family residence as a primary unit.

B. Number of Second Units Per Lot. No more than one (1) Residential Second Unit shall be permitted on the parcel.

C. Building Code Compliance. All new Residential Second Units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with Title 24 of the California Code of Regulations.

D. Hookup to City/Public Utilities. Payment of appropriate fees for hookup to public water and/or sewer services is required. All Residential Second Units must be connected to public water and sewer services. All fees applicable to Residential Second Unit construction, including park, road, school and recreation fees shall be paid to the city. Newly permitted Second Units shall not be required to pay application, mitigation, or sewer and water hookup fees if accompanied by a deed restriction ensuring affordable rent to low or very low income households. (2003 Housing Element Policy 2b).

E. Parking. In addition to the required two (2), off-street parking spaces for the existing primary residence, one (1) additional parking space shall be required for the Second Unit. The additional parking space shall meet all parking requirements of the underlying zoning district. The parking space can be gravel; however, no street parking or sidewalk access will be lost or obstructed. Front yard landscaping shall not be converted for parking. Side yards can be utilized for parking purposes. Tandem spaces will be accepted for the purpose of meeting parking requirements and parking can be permitted in setback areas.

F. Occupancy. One of the units on the property must be occupied by the property owner at all times. The city shall require the property owner to file a deed restriction outlining the owner-occupancy requirement. The purpose of the deed restriction is to create a perpetual notice to the new purchasers of the requirement to maintain the owner-occupancy requirement.

G. Building Coverage. The total coverage of all buildings shall not exceed fifty percent (50%) of the lot area.

H. Conversion of Existing Primary Unit I Garages. An existing primary dwelling may be converted to a Second Unit and a new, larger primary residence constructed if the resulting Second Unit complies with all applicable requirements of this section. However, conversion of garages is not permitted.

I. Units Above Garages. Second Units are allowed above existing or newly constructed garages, and shall meet the height standards of the base zoning district.

J. Design Requirements for New Units. All new Residential Second Units must comply with the following design requirements:
1. The materials, colors, and architecture shall be similar to those of the primary unit.
2. Second Units shall not exceed the height level of any existing structures on the parcel.
3. Second Unit entrances shall be screened from neighboring properties.
4. Any lighting shall not spill over on to neighboring lots.


K. Accessibility Standards. New construction of any Second Unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

17.72.028 General Plan Consistency
In adopting these standards, the city recognizes that the approval of second dwelling units may, in some instances; result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to second dwelling units, and that the amendment furthers the goals, objectives, and policies of the General Plan Housing Element.

17.72.030 Appeal Process.

Appeals may only be submitted by an applicant if he/she contends the city planner has either denied or imposed restrictions on the Second Unit that are not authorized by this chapter. The planning commission will not hear such an appeal, unless the appeal contains allegations that the determination to deny or impose conditions exceeded the authority granted to the city planner by this chapter. Said appeal must be filed within fifteen (15) days in accordance with the provisions of Section 17.88.050.

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