HomeMy WebLinkAboutAgenda Report - October 5, 1988 (41)COUNCIL C0MMUNICAI,0N
T0: THE CITY COUNCIL COUNCIL MFETM DATE: OCTOBER 5, 1988
FROM : THE CITY MANAGER'S OFFICE
SUBJECT: REPORT BY CCM MUNI'i'Y DEVELORMENT DIRECTOR CONCERNING RDCOURSE TMIE OMER
OF A SINGLE—FAMILY RESIDENCE HAS IF THE RESIDENCE IS LOCATED IN THE
"MORATORIUM AREA" AMID IS SURROUNDED BY APARTMENT CQIPLEXES
BACKGROUND INFORMATION: At the City Council meeting of Wednesday, September 7,
1988, Council -Person Olson asked what a single-family property owner in the East
Side Study could do with his property when it was adjacent to multiple family on
two or three sides.
The Ordinance as adopted by the City Council classified that property as
single-family and no units could be added. However, under the City's "Granny
Ordinance" (Residential Second Units) he might be eligible for an additional unit
as are many other single-family parcels throughout the City. A copy of that
"Granny Ordinance" is attached for the City Council's information.
It has been determined that in the East Side study area (map enclosed) there exist
43 single-family homes that abut on two sides or more by other than single-family
units or duplexes. To permit 43 additional apartment conversions would aggravate
the problems of utility impactions, traffic and overcrowding the Planning
Commission and City Council were co,.cerned about when the East Side zoning was
accompl i shed.
When the present sewer moratorium was adopted, no additional conversions to
apartments were contemplated in the shady area. It appears that any changes in
the status of the 43 homes will have t1 wait until the White Slough expansion and
utility improvements are completed.
Jit InsC 7ML "
(nmunity Development Director
Attachment
CC25/TXTD.01C September 28, 1988
RESIDENTIAL SECOND t)I%M
DEFINITION - Residential Second Unit
A residential second unit is an additional living unit on a lot within a
single family zone. A second unit is a self-contained unit with separate
kitchen, living and sleeping facilities. A second unit can be created by
a) altering a single family dwelling to -establish a separate unit or b)
adding a separate unit onto an existing dwelling.
RACK6RMIND
SB 1534, Mello, adopted by the State in 1982, authorizes cities and
counties to provide, by ordinance, for the creation of second units, as
defined in single-family residential zones. The general intent of the
legislation is to increase the available housing stock in the State,
particularly for low and moderate income families.
The Legislature found that there were many underutilized parcels of land
in the State and that second units would benefit the public by:
1. Providing cost effective development through the use of
existing infrastructures, as contrasted to requiring the
construction of my infrastructures in undeveloped areas.
2. Provide relatively affordable housing without public subsidy.
3. Provide a means for purchasers of new or existing homes to meet
payments on high interest loans.
4. Provide security for homeowners who fear both criminal
intrusion and personal accidents while alone.
Additionally, this has become popular as a way in which families can
provide housing for an elderly parent while still allowing independent
living. This is why this type of housing is sometimes referred to as
"Granny Housing."
The Legislation requires that cit es and counties do one of the follow ng :
1. Adopt State Legislation by reference. This alternative wool
mean that the jurisdiction would accept the State mandate and
allow, with a conditional use permit, second units in
single-family residential zones.
2. Adopt a focal ordinance permitting second units. This would
allow jurisdictions to adopt specific conditions and
restrictions for second units as long as they were not totally
prohibited.
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RSU/TXTD.DIC
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3. Adopt a local ordinance prohibiting second units. Jurisdictions
can prohibit second units by adopting an ordinance that has
findings that acknowledge that such action niay limit housing
opportunities of the region. Additionally, findings that have
specific adverse impacts of public health, safety and welfare
would result from allowing second units.
PROPOSED CITY ORDINANCE
The Legislation allows local jurisdictions to adopt ordinances that set
standards for parking, height, setback, lot coverage, architecture and
size of unit. There can also be restrictions on the age of tenants, who
can apply and whether a use permit is required. Other conditions can also
be included if desired by the local jurisdiction.
The attached draft ordinance is what the Community Development Department
is proposing for the City of Lodi . The ordinance would be an amendment to
the Zoning Ordinance and would be added to the Sections on R-1 and R-2
zoning .
The proposed amendment would allow second units to be constructed on
single-family lots that have an existing residence. The second unit must
obtain a use permit and the applicant must be the owner/occupant of the
main residence on the property. The second unit must also meet minimum
lot size, setback and architectural requirements, must be attached to the
main residence and must provide additional parking.
Other conditions are possible, however, staff feels that the proposed
ordinance is a workable compromise. It protects the neighboring
properties while, at the same time, allows people who can meet the
conditions to build a second unit. W feel that the proposed ordinance
meets the intent of the legislation to provide additional affordable
housing .
Based on the experience of other cities that have allowed second unit
residences, vie do not expect a significant number of people to apply for
these units.
The following use is added to the R-1, R-2, and R -LD
Districts:
Second-Uni t Dwell i n g s
A second residential unit may be added to an existing
residence on a single-family lot provided that the
following conditions apply:
1. Use Permit
a. The applicant for a second unit must secure
a Use Permit from the Planning Commission.
b. The applicant for the Use Permit must be
the owner/occupant of the property on which
the second unit will be constructed.
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RSU/TXTD.OIC
3. Adopt a local ordinance prohibiting second units. Jurisdictions
can prohibit second units by adopting an ordinance that has
findings that acknowledge that such acticn may limit housing
opportunities of the region. Additionally, findings that have
specific adverse impacts cf public health, safety and welfare
would result from allowing second units.
PROPOSED CITY ORDINANCE
The Legislation allows local jurisdictions to adopt ordinances that set
standards for parking, height, setback, lot coverage, architecture and
size of unit. There can also be restrictions on the age of tenants, who
can apply and whether a use permit is required. Other conditions can also
be included if desired by the local jurisdiction.
The attached draft ordinance is what the Community Development Department
is proposing for the City of Lodi. The ordinance would be an amendment to
the Zoning Ordinance and would be added to the Sections on R-1 and R-2
zoning.
The proposed amendment would allow second units to be constructed on
single-family lots that have an existing residence. The second unit must
obtain a use permit and the applicant must be the owner/occupant of the
main residence on the property. The second unit must also meet minimum
lot size, setback and architectural requirements, must be attached to the
main residence and must provide additional parking.
Other conditions are possible, however, staff feels that the proposed
ordinance is a workable compromise. It protects the neighboring
properties while, at the same time, allows people who can meet the
conditions to build a second unit. W feel that the proposed ordinance
meets the intent of the legislation to provide additional affordable
housing.
Based on the experience of other cities that have allowed second unit
residences, me do not expect a significant number of people to apply for
these units.
The following use is added to the R-1, R-2, and R -LD
Districts
Second -Unit Dwellinas
A second residential unit may be added to an existing
residence on a single-family lot provided that the
following conditions apply:
1. Use Permit
a. The applicant for a second unit must secure
a Use Permit from the Planning Commission.
b. The applicant for the Use Permit must be
the owner/occupant of the property on which
the second unit will be constructed.
-Z-
RSU/TXTD.OIC
2. Height and Area
a. A lot proposed for a second unit must meet the
following minimum lot size requirements:
R-1 - 6,500 square feet minimum lot size.
R-2 - 6,000 square feet minimum lot size.
b. Ail setback, height and lot coverage
requirements of the zcne must be met.
3. Design Standards
a. The second unit must be made structurally and
architecturally compatible with the existing
residence.
b. lib mw entrances wi 11 be permitted on the
front of the existing residence.
c. The floor area of the second unit cannot
exceed 400 square feet.
4. Parkin
One legal off-street parking space must be provided
for the new unit. The parking space must be in
addition to the parking required for the rnain
residence and must meet all setback requirements.
5. General Standards
In all cases the City shall determine that the
proposed unit is compatible with the design of the
surrounding residences and does not adversely
affect public facilities or the neighborhood.
RSU/TXTD.OIC