HomeMy WebLinkAbout09-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Development Code Amendment No.
03-03 pertaining to second dwelling units.
Dept: Development Services
Date: May 5, 2003
OR1G1NA~cc Date: May 19, 2003
Synopsis of Previous Council Action:
April 21, 2003 - the Mayor and Common Council directed staff to prepare an amendment to the
Development Code.
April 8, 2003 - reviewed by Legislative Review Committee and referred to Mayor and Common
Council.
February 4,2003 - considered by Legislative Review Committee and continued.
Recommended Motion:
That the public hearing be closed, and that said ordinance be laid over for final adoption.
~F~
James Funk
Contact person:
V~lprip Rnl;;:C;:
Phone: 384-5057
Supporting data attached: St;\ff Report. ordinance
Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Finance:
Council Notes:
Agenda Item #- t q
6/c2jOJ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment No. 03-03 - Second Dwelling Units
Mayor and Common Council Meeting of May 19, 2003
BACKGROUND
Assembly Bill 1866 was approved in September 2002, and amends provisions in State law
related to housing. In particular, it addresses the provision of second units, and includes
specified development standards. If a jurisdiction does not have provisions for second units
and/or those provisions are not consistent with AB 1866, the state provisions are applicable
after July 1,2003.
The Planning Commission considered the revisions at their meeting of May 6,2003, and
recommended that the Mayor and Common Council approve the amendment to the
Development Code. Commissioners Coute, Enciso, Lockett, Morris, Sauerbrun, Thrasher,
and Vasquez voted in favor of approval. Commissioners DUff and Welch were absent.
The Planning Commission staffreport contains the Findings of Fact supporting the
amendment, and a summary of the changes.
FINANCIAL IMPACT
The Mayor and Common Council considered the costs to the City at their meeting of April 21,
2003, when they directed staff to proceed with the revisions.
RECOMMENDATION
That the public hearing be closed and that said ordinance be laid over for adoption.
Exhibits:
I
2
Planning Commission staff report
Ordinance
EXHIBIT 1
SUMMARY CITY OF SA:\' BER.."IIARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARI\'G DATE:
WARD:
Development Code Amendment No. 03-03
8
May 6. 2003
Citywide
APPLICANT:
City of San Bernardino
REQUEST AND PROJECT DESCRIPTION:
This is a City-initiated amendment to the Development Code to incorporate provisions of State
law related to second units. The amendment would apply Citywide in all residential land use
districts.
CONSTRAINTS/OVERLA YS:
o NiA
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section l5282(i), Statutory Exemption
o No Significant Effects
o Potential Effects. Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
. Approval
o Conditions
o Denial
o Continuance to:
Development Code Amendment No. 03-03
Hearing Date: 05/06/03
Page 2
REQUEST AND PROJECT DESCRIPTION
Assembly Bill 1866 was approved in September 2002, and amends provisions in State law
related to housing. In particular, it addresses the provision of second units, and includes specified
development standards. If a jurisdiction does not have provisions for second units and/or those
provisions are not consistent with AB 1866, the state provisions are applicable after July 1,2003.
The City's Development Code contains standards for second units, but revisions are required.
The revisions are related to the following areas, and are included in Attachment A in
strikeout/underline format:
. The Development Code requires two covered spaces for the second unit, whereas AB
1866 limits the parking to one space per unit or bedroom, unless specific findings are
made related to the need for the additional parking. Staff is recommending one space per
bedroom. Covered parking will still be required.
. AB 1866 allows for the parking to be placed in the setback area and the Code does not
permit this. Again, the City has the ability to make findings that parking within setback
areas is not feasible or creates a fire and life safety condition. Staff is recommending that
parking be allowed in the side setback, behind the front setback.
. The Development Code only permits second units if the main single family unit is owner
occupied, and a deed restriction is required to implement. This provision is being deleted.
. The Development Code requires specific findings to be made in order to approve second
units. The legislation precludes any discretionary review, so this provision is being
removed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The amendment to the Development Code is exempt from the California Environmental Quality
Act, under Section 15282(i), Statutory Exemption.
FINDINGS AND ANALYSIS
i. is the proposed amendment consistent with the General Plan?
Yes, pursuant to Section 65852.2(b)(4) of the Government Code, no changes to the
General Plan shall be required to implement the second unit provisions. In addition, Goal
2A of the City's General Plan states:
"facilitate the development of a variety of types of housing to meet the needs of all
income levels in the City of San Bernardino."
The current and proposed provisions for second units implement this goal.
De\'elopment Code Amendment No, 03-03
Hearing Date: 05/06/03
Page 3
,
Would the proposed amendment be detrimental to the public interest, health. safe~v,
convenience, or welfare of the City?
The proposed revisions will not be detrimental to the public interest, health, safety,
convenience. or welfare of the City in that they are minor changes to the existing
provisions for second units to implement state law requirements. When the existing
provisions were adopted, the City made a determination that the construction of second
units, in conformance with Development Code requirements, would not impact these
areas.
In particular, the Development Code requires that a second unit comply with all standards
of the underlying land use district. These standards include lot coverage, height, distance
between buildings, and setbacks. Section 65852.2(e) of the legislation permits off-street
parking in setback areas in locations determined by the local agency or tandem parking,
unless specific findings are made that preclude either of these locations. The City's
existing provisions do not preclude parking in the side setback, and this can be
accomplished if the lot is large enough. Staff is recommending against parking in the
front setback because that is not allowed elsewhere in the City, and would not be
compatible with existing residential neighborhoods, In addition, parking in the front
setback could create site safety concerns.
CONCLUSION
Development Code Amendment No. 03-03 meets the necessary findings for approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council adopt Development Code Amendment No. 03-03 based on the Findings of Fact in the
staff report.
Respectfully Submitted,
~f'~
James Funk
Director, Development Services
~GRIW
Valerie Ross
City Planner
Attachments: A
B
Proposed Revisions
Assembly Bill 1866
De\'elopment Code Amendment No, 03-03
Hearing Date: 05/06/03
Page 4
ATTACHMENT A
DEVELOPMENT CODE EXCERPT SECTION 19.04.030(2)(P)
SECOND DWELLING UNIT/"CRANNY" HOUSING DESIGN 5T ANDARD5
Second dwelling units require a Development Permit and shall be constructed in the
following manner:
I. No more than I second dwelling unit shall be permitted on any parcel or lot.
2. A second dwelling unit may only be permitted on a residential lot on which there
is already built I owner eeeupied single-family detached dwelling unit (main
unit).
3. A second dwelling unit may not be permitted on residential lots already having 2
or more dwelling units.
4. The parcel upon which the second dwelling unit is to be established shall conform
to all standards (i.e. lot coverage. height. setbacks. etc.) ofthe land use district in
which it is located.
5. Any increase in the floor area of an attached second unit shall not exceed 30% of
the existing living area of the main dwelling.
6. The total area of floor space for a detached second unit shall not exceed 1.200
square feet.
7. The second dwelling unit shall be architecturally compatible with the main
dwelling.
8. The seeond d......elling unit shall be pre...ided with par~(ing in additien te aHd !fie
same as that re'luired for the main dwelling, pursuant te Chapter 19.24 (Off Street
Parking Stafldards). Ne \'ariaflee er miner exeefltien may be HIed for allewing
parkiAg withiA the re'luired front er side )'artl setbaelm.
The second dwelling unit (attached or detached) shall provide one covered
parking space per bedroom. Parking may be permitted in the side yard setback
between the dwelling unit and the side property line. behind the front setback.
9. Second units may only be established on lots where water. sewer. gas. and
electricity are available.
Development Code Amendment No. 03-03
Hearing Date: 05/06/03
Page 5
10. The second dwelling unit may be metered separately from the main dwelling for
gas, electricity. and water/sewer services.
11. Prior to issuance of a eailding permit for tile second dwelling unit, a ceveflaRt of
restFiction to FUn with tile land, shall be recorded which specifies that the use ef
the seel'lHd unit as an independent dwelling may contiHue only as long as 1 unit on
the property is owner occupied.
12. The applicant for the Development Permit shall be the owner-occupant of the
subject property.
13. This section shall not validate any existing illegal second dwelling unit. An
application for a permit may be made pursuant to the provisions of Chapter 19.44
(Development Permits) to convert an illegal second unit to a conforming legal
second unit, and the standards and requirements for said conversion shall be the
same as for newly proposed second dwelling units.
14. The following findings shall be made (in addition to these outliBed in Chapter
19.~1 [Development Pe_its]) in order to approve a pe_it for a seeeBd dwelling
llf!tt :
a. Tile seeeBd dwelliBg \lBit is eompatilJle with the desigB of the main
dwelling \lBit aBd the surrounding Beighborhood iB terms of hrndseapiBg,
seale, height, length, width, b\lll(, lot eeverage, and exterior treatment, aRd
will not eat/se eKcessi';e noise, traffic, or other dist\lrbanees to the existing
neighborheod or result in sigBifieantly adverse iffifJaets en publie serviees
and resourees.
b. The second dwelling \lnit shall Bot ea\lse a high coneentFation ef sueh
uBits sufHeient to chaRge the eharaeter of the surrounding residential
neighborheod.
ATTACHMENT "B"
Assembly Bill No. 1866
CHAPTER 1062
An act to amend Sections 65583.\. 65852.2. and 65915 of the
GowlTIment Code. relating to housing.
[Appro\"ed by Governor September 29.1002. Filed
with S~('nnilry ofStal~ Scpt.:mbcr 29. 2002.J
LEGISLATIVE COUl<SEL'S DIGEST
AS 1866. Wright. Housing: density bonuses.
(I) The Planning and Zoning Law requires the housing element of the
general plan of a city or county. among other things, to identify adequate
sites for housing, including rental housing, factory-built housing, and
mobilehomes, and to make adequate provision for the existing and
projected needs of all economic segments of the community. That law
permits the Department of Housing and Community Development to
allow a city or county to identify adequate sites by a variety of methods.
This bill would authorize the department to also allow a city or county
to identify sites for 2nd units based upon relevant factors, including the
number of 2nd units developed in the prior housing element planning
period.
(2) The Planning and Zoning Law authorizes a local agency to
provide by ordinance for the creation of 2nd units on parcels zoned for
a primary single-family and multifamily residence, as prescribed.
This bill would require, when a local agency receives its first
application on or after July I, 2003, that the application shall be
considered ministerially without discretionary review or hearing,
notwithstanding other laws that regulate the issuance of variances or
special use permits.
The bill would authorize a local agency to charge a fee to reimburse
the agency for costs it incurs as a result of these provisions.
(3) The Planning and Zoning Law also requires, when a developer of
housing proposes a housing development within the jurisdiction ofthe
local govelllment, that the city, county, or city and county provide the
developer with incentives or concessions for the production of lower
income housing units within the development if the developer meets
specified requirements. Existing law requires the local government to
establish procedures for carrying out these provisions.
This bill would revise those provisions to refer to an applicant who
proposes a housing development and would recast them to, among other
things. revise criteria for making written findings that a concession or
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incentive is not required. add criteria for continued atfordability of
housing in a condominium project. authorize an applicant to request a
meeting on its proposal for a specific density bonus. incentive, or
concession or for the waiver or reduction of development standards, and
exempt developments meeting certain affordability criteria from
specified laws. By increasing the duties of local public officials. the bill
would impose a state-mandated local program.
The bill would also authorize an applicant to initiate judicial
proceedings if the city. county, or city and county refuses to grant a
requested density bonus, incentive. or concession in violation of these
provisions. and would require the court to award the plaintiff reasonable
attorney's fees and costs of suit. It would authorize a local agency to
charge a fee to reimburse it for costs that it incurs as a result of these
provisions.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for cenain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Tire people of tire State of California do enact asfollows:
SECTION I. Section 65583.1 of the Government Code is amended
to read:
65583.1. (a) The Depanment of Housing and Community
Development, in evaluating a proposed or adopted housing element for
compliance with state law, may allow a city or county to identify
adequate sites, as required pursuant to Section 65583, by a variety of
methods, including, but not limited to, redesignation of property to a
more intense land use category and increasing the density allowed within
one or more categories. The depanment may also allow a city or county
to identify sites for second units based on the number of second units
developed in the prior housing element planning period whether or not
the units are permitted by right, the need for these units in the
community. the resources or incentives available for their development,
and any other relevant factors, as detennined by the department. Nothing
in this section reduces the responsibility of a city or county to identify,
by income category, the total number of sites for residential development
as required by this anicle.
(b) Sites that contain pennanent housing units located on a military
base undergoing closure or conversion as a result of action pursuant to
the Defense Authorization Amendments and Base Closure and
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Realignment Act (Publie Law 100-526), the Defense Base Closure and
Realignment Act of 1990 (Public Law 10 I-51 0), or any subsequent act
requiring the closure or conversion of a military base may be identified
as an adequate site if the housing element demonstrates that the housing
units will be available for occupancy by households within the planning
period of the element. No sites containing housing units scheduled or
planned for demolition or conversion to nonresidential uses shall qualifY
as an adequate site.
Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c) (I) The Depa11ment of Housing and Community Development
may allow a city or county to substitute the provision of units for up to
25 percent of the community's obligation to identifY adequate sites for
any income category in its housing element pursuant to paragraph (I) of
subdivision (c) of Section 65583 if the community includes in its
housing element a program committing the local government to provide
units in that income category within the city or county that will be made
available through the provision of committed assistance during the
planning period covered by the element to low- and very low income
households at affordable housing costs or affordable rents, as defined in
Sections 50052.5 and 50053 of the Health and Safety Code, and which
meet the requirements of paragraph (2). Except as otherwise provided in
this subdivision, the community may substitute one dwelling unit for
one dwelling unit site in the applicable income category. The program
shall do all of the following:
(Al Identify the specific, existing sources of conunitted assistance
and dedicate a specific portion of the funds from those sources to the
provision of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both low- and
very low income households and demonstrate that the amount of
dedicated funds is sufficient to develop the units at affordable housing
costs or affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph
(2).
(2) Only units that comply with subparagraph (A), (B), or (C) qualifY
for inclusion in the housing element program described in paragraph (I),
as follows:
(A) Units that are to be substantially rehabilitated with committed
assistance from the city or county and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households. For purposes of this subparagraph. a unit is not eligible to
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be "substantially rehabilitated" unless all of the following requirements
arc met:
(il At the time the unit is identified for substantial rehabilitation, (I)
the local government has determined that the unit is at imminent risk of
loss to the housing stock, (II) the local government has cmrunitted to
provide relocation assistance pursuant to Chapter 16 (commencing with
Section 7260) of Division 7 of Title I to any occupants temporarily or
pennanently displaced by the rehabilitation or code enforcement
activity. (1I1l the local government requires that any displaced occupants
will have the right to reoccupy the rehabilitated units, and (IV) the unit
has been cited and found by the local code enforcement agency or a court
to be unlit for human habitation and vacated or subject to being vacated
because of the existence for not less than 120 days of four of the
conditions listed in subdivisions (a) to (g), inclusive. of Section 17995.3
of the Health and Safety Code.
Cii) The rehabilitated unit will have long-tenn affordability covenants
and restrictions that require the unit to be available to, and occupied by,
persons or families of low- or very low income at affordable housing
costs lor at least 20 years or the time period required by any applicable
federal or state law or regulation, except that if the period is less than 20
years, only one unit shall be credited as an identified adequate site for
every three units rehabilitated pursuant to this section. and no credit shall
be allowed for a unit required to remain affordable for less than 10 years.
(iii) Prior to initial occupancy after rehabilitation, the local code
enforcement agency shall issue a certificate of occupancy indicating
compliance with all applicable state and local building code and health
and safety code requirements.
(B) Units that are located in a multifamily rental housing complex of
J 6 or more units, are converted with committed assistance from the city
or county from nonaffordable to affordable by acquisition of the unit or
the purchase of affordability covenants and restrictions for the unit, are
not acquired by eminent domain. and constitute a net increase in the
community's stock of housing affordable to low- and very low income
households. For purposes of this subparagraph. a unit is not converted
by acquisition or the purchase of affordability covenants unless all of the
following occur:
(i) The unit is made available at a cost affordable to low- or very low
income households.
(ii) At the time the unit is identified for acquisition. the unit is not
available at a cost affordable to low- or very low income households.
(iii) At the time the unit is identified for acquisition the unit is not
occupied by low- or very low income households.
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(ivl The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) The acquisition price is not greater than 120 percent of the median
price for housing units in the city or county.
(vi) The unit has long-tenn affordability covenants and restrictions
that require the unit to be affordable to persons of low- or very low
income for not less than 30 years.
(C) Units that will be preserved at affordable housing costs to persons
or families of low- or very low incomes with committed assistance from
the city or county by acquisition of the unit or the purchase of
afiordability covenants for the unit. For purposes of this subparagraph,
a unit shall not be deemed preserved unless all of the following occur:
(i) The unit has long-term affordability covenants and restrictions
that require the unit to be affordable to and reserved for occupancy by
persons of the same or lower income group as the current occupants for
a period of at least 40 years.
(ii) The unit is multifamily rental housing that receives governmental
assistance under any of the following state and federal programs: Section
221(d)(3) of the National Housing Act( 12 U.S.c. Sec. 17 I 5/(d)(3) and
(5)); Section 236 of the National Housing Act (12 U.S.c. Sec. 1715z-I);
Section 202 of the Housing Act of 1959 (12 U.S.c. Sec. 1701q); for rent
supplement assistance under Section 101 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.c. Sec. 170Is); under
Section 515 of the Housing Act of 1949, as amended (42 U.S.C. Sec.
1485); and any new construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as amended
(42 U.S.c. Sec. 14371); any state and local multifamily revenue bond
programs; local redevelopment programs; the federal Community
Development Block Grant Program: and other local housing assistance
programs or units that were used to qualify for a density bonus pursuant
to Section 65916.
(iii) The city or county finds, after a public hearing, that the unit is
eligible. and is reasonably expected, to change from housing affordable
to low- and very low income households to any other use during the next
five years due to termination of subsidy contracts, mortgage
prepayment, or expiration of restrictions on use.
(iv) The unit is in decent, safe, and sanitary condition at the time of
occupancy.
(v) At the time the unit is identified for preservation it is available at
affordable cost to persons or families of low- or very low income.
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(31 This subdivision does not apply to any city or county that. during
the CUlTent or immediately prior planning period. as defined by Section
65588. has not met any of its share of the regional need for affordable
housing. as defined in Section 65584, for low- and very low income
households. A city or county shall document for any such housing unit
that a building permit has been issued and all development and pennit
fees have been paid or the unit is eligible to be lawfully occupied.
(4) For purposes of this subdivision, "committed assistance" means
that the city or county enters into a legally enforceable agreement during
the tirst two years of the housing element planning period that obligates
sufficient available funds to provide the assistance necessary to make the
identified units affordable and that requires that the units be made
available for occupancy within two years of the execution of the
agreement. "Committed assistance" does not include tenant-based
rental assistance.
(5) For purposes of this subdivision, "net increase" includes only
housing units provided committed assistance pursuant to subparagraph
(A) or (8) of paragraph (2) in the CUlTent planning period, as defined in
Section 65588, that were not provided committed assistance in the
immediately prior planning period.
(6) For purposes of this subdivision, "the time the unit is identified"
means the earliest time when any city or county agent, aCling on behalf
of a public entity, has proposed in writing or has proposed orally or in
writing to the property owner, that the unit be considered for substantial
rehabilitation, acquisition, or preservation.
(7) On July I of the third year of the planning period, as defined by
Section 65588, in the report required pursuant to Section 65400, each
city or county that has included in its housing element a program to
provide units pursuant to subparagraph (A), (8), or (e) of paragraph (2)
shall report in writing to the legislative body, and to the department
within 30 days of making its report to the legislative body, on its progress
in providing units pursuant to this subdivision. The report shall identify
the specific units for which committed assistance has been provided or
which have been made available to low- and very low income
households. and it shall adequately document how each unit complies
with this subdivision. If, by July I of the third year of the planning
period. the city or county has not entered into an enforceable agreement
of committed assistance for all units specified in the programs adopted
pursuant to subparagraph (A), (8), or (e) of paragraph (2), the city or
county shall. not later than July I of the fourth year of the planning
period, adopt an amended housing element in accordance with Section
65585, identifying additional adequate sites pursuant to paragraph (I) of
subdivision (c) of Section 65583 suflicientto accoounodate the number
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of units for which committed assistance was not provided. If a city or
county does not amend its housing element to identify adequate sites to
address any shonfall, or fails to complete the rehabilitation, acquisition,
purchase of atTordability covenants, or the preservation of any housing
unit within two years after committed assistance was provided to that
unit, it shall be prohibited from identifying units pursuant to
subparagraph (A), (B), or (C) of paragraph (2) in the housing element
that it adopts lor the next planning period. as defined in Section 65588,
above the number of units actually provided or preserved due to
committ~d assistance.
SEe. 2. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (I) Any local agency may, by ordinance. provide for
the creation of second units in single-family and multifamily residential
zones. The ordinance may do any of the following:
(A) Designate areas within the jurisdiction of the local agency where
second units may be pennitted. The designation of areas may be based
on criteria. that may include, but are not limited to, the adequacy of water
and sewer services and the impact of second units on traffic flow.
(B) Impose standards on second units that include. but are not limited
10, parking, height, setback, lot coverage, architectural review,
maximum size of a unit. and standards that prevent adverse impacts on
any real propeny that is listed in the California Register of Historic
Places.
(C) Provide that second units do not exceed the allowable density for
the lot upon which the second unit is located, and that second units are
a residential use that is consistent with the existing general plan and
zoning designation for the lot.
(2) The ordinance shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July
I. 2003. for a pennit pursuant to this subdivision, the application shall
be considered ministerially without discretionary review or a hearing,
notwithstanding Section 6590 I or 65906 or any local ordinance
regulating the issuance of variances or special use pennits. Nothing in
this paragraph may be construed to require a local government to adopt
or amend an ordinance for the creation of second units. A local agency
may charge a fee to reimburse it for costs that it incurs as a result of
amendments to this paragraph enacted during the 2001--D2 Regular
Session of the Legislature, including the costs of adopting or amending
any ordinance that provides for the creation of second units.
(b) (I) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c) receives
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its first application on or after July I, 1983, for a penn it pursuant to this
subdivision. the local agency shall accept the application and approve or
disapprove the application ministerially without discretionary review
pursuant to this subdivision unless it adopts an ordinance in accordance
with subdivision (a) or (c) within 120 days after receiving the
application. Notwithstanding Section 6590 I or 65906, every local
agency shall grant a variance or special use pennit for the creation of a
second unit if the second unit complies with all of the following:
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(e) The lot contains an existing single-family dwelling.
(D) The second unit is either attached to the existing dwelling and
located within the living area of the existing dwelling or detached from
the existing dwelling and located on the same lot as the existing
dwelling.
(E) The increased floor area of an attached second unit shall not
exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached second unit shall not
exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other zoning
requirements generally applicable to residential construction in the zone
in which the property is located.
(H) Local building code requirements which apply to detached
dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the basis
for the denial of a building pennit or a use permit under this subdivision,
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed second units on lots zoned for
residential use which contain an existing single-family dwelling. No
additional standards, other than those provided in this subdivision or
subdivision (a), shall be utilized or imposed, except that a local agency
may require an applicant for a pennit issued pursuant to this subdivision
to be an owner-occupant.
(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any local agency may amend its zoning ordinance or
general plan to incorporate the policies, procedures, or other provisions
applicable to the creation of second units if these provisions are
consistent with the limitations of this subdivision.
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(5) A second unit which confonns to the requirements of this
subdivision shall not be considered to exceed the allowable density for
the lot upon which it is located, and shall be deemed to be a residential
use which is consistent with the existing general plan and zoning
designations for the lot. The second units shall not be considered in the
application of any local ordinance, policy, or program to limit residential
growth.
(cJ No local agency shall adopt an ordinance which totally precludes
second units within single-family or multifamily zoned areas unless the
ordinance contains tindings acknowledging that the ordinance may limit
housing opportunities of the region and further contains findings that
specific adverse impacts on the public health. safety, and welfare that
would result tram allowing second units within single-family and
multifamily zoned areas justify adopting the ordinance.
(dJ A local agency may establish minimum and maximum unit size
requirements for both attached and detached second units. No minimum
or maximum size for a second unit, or size based upon a percentage of
the existing dwelling, shall be established by ordinance for either
attached or detached dwellings which does not permit at least an
efficiency unit to be constructed in compliance with local development
standards.
(e) Parking requirements for second units shall not exceed one
parking space per unit or per bedroom. Additional parking may be
required provided that a finding is made that the additional parking
requirements are directly related to the use of the second unit and are
consistent with existing neighborhood standards applicable to existing
dwellings. Off-street parking shall be permitted in setback areas in
locations detennined by the local agency or through tandem parking,
unless specific findings are made that parking in setback areas or tandem
parking is not feasible based upon specific site or regional topographical
or fire and life safety conditions, or that it is not permitted anywhere else
in the jurisdiction.
(t) Fees charged for the construction of second units shall be
detennined in accordance with Chapter 5 (commencing with Section
66000 ).
(g) This section does not limit the authority oflocal agencies to adopt
less restrictive requirements for the creation of second units.
(h) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (aJ or (c) to the Department of Housing and
Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
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(I) '"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) "Local agency" means a city. county. or city and county. whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same
meaning as set fOl1h in Section 65589.5.
(4) "Second unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for
one or more persons. It shall include permanent provisions for living.
sleeping, eating. cooking, and sanitation on the same parcel as the
single-family dwelling is situated. A second unit also includes the
following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(j) Nothing in this section shall be construed to supersede or in any
way alter or lessen the effect or application of the California Coastal Act
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold
public hearings for coastal development permit applications for second
units.
SEe. 3. Section 65915 of the Government Code is amended to read:
65915. (a) When an applicant proposes a housing development
within the jurisdiction of a city, county. or city and county, that local
government shall provide the applicant incentives or concessions for the
production of housing units as prescribed in this chapter. All cities,
counties, or cities and counties shall adopt an ordinance that specifies
how compliance with this section will be implemented.
(b) A city. county, or city and county shall either grant a density bonus
and at least one of the concessions or incentives identitied in subdivision
(j), or provide other incentives or concessions of equivalent financial
value based upon the land cost per dwelling unit, when the applicant for
the housing development agrees or proposes to construct at least anyone
of the following:
( I) Twenty percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(2) Ten percent of the total units of a housing development for very
low income households, as defined in Section 50105 of the Health and
Safety Code.
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(3) Fifty percent of the total dwelling units ofa housing development
for qualifying residents, as defined in Section 51.3 of the Civil Code.
(4) Twenty percent of the total dwelling units in a condominium
project as defined in subdivision (I) of Section 1351 of the Civil Code,
for persons and families of moderate income. as defined in Section
50093 of the Health and Safety Code.
The city. county, or city and county shall grant the additional
concession or incentive required by this subdivision unless the city,
county. or city and county makes a written finding, based upon
substantial evidence, that the additional concession or incentive is not
required in order to provide for affordable housing costs, as defined in
Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specitied in subdivision (c).
(c) (I) An applicant shall agree to, and the city. county. or city and
county shall ensure, continued affordability of all lower income density
bonus units for 30 years or a longer period of lime if required by the
construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Those units targeted for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, shall be affordable at a rent that does not exceed 30
percent of 60 percent of area median income. Those units targeted for
ver; low income households, as defined in Section 50105 of the Health
and Safety Code, shall be affordable at a rent that does not exceed 30
percent of 50 percent of area median income.
(2) An applicant shall agree to, and the city, county, or city and county
shall ensure, continued affordability of the moderate-income units that
are directly related to the receipt of the density bonus for 10 years if the
housing is in a condominium project as defined in subdivision (f) of
Section 1351 of the Civil Code.
(d) An applicant may submit 10 a city, county, or city and county a
proposal for the specific incentives or concessions that the applicant
requests pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county shall grant
the concession or incentive requested by the applicant unless the city,
county, or city and county makes a written finding, based upon
substantial evidence, of either of the following:
( I) The concession or incentive is not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and
Safety Code, or tor rents for the targeted units to be set as specified in
subdivision (c).
(2) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
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on any real propeny that is listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate-income households.
The applicant may initiate judicial proceedings if the city, county, or
city and county refuses to grant a requested density bonus, incentive. or
concession. If a co un finds that the refusal to grant a requested density
bonus. incentive. or concession is in violation of this section, the court
shall award the plaintiff reasonable attorney's fees and costs of suit.
Nothing in this subdivision shall be intell'reted to require a local
government to grant an incentive or concession that has a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon health, safety, or the physical environment, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact Nothing in this subdivision shall be interpreted to
require a local government to grant an incentive or concession that
would have an adverse impact on any real property that is listed in the
California Register of Historical Resources. The city, county, or city and
county shall establish procedures for carrying out this section, that shall
include legislative body approval of the means of compliance with this
section. The city, county, or city and county shall also establish
procedures for waiving or modifying development and zoning standards
that would otherwise inhib't the utilization of the density bonus on
specific sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of public
works improvements.
(e) [n no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction ofa development meeting the criteria of subdivision (b) at
the densities or with the concessions or incentives permitted by this
section. An applicant may submit to a city, county, or city and county a
proposal for the waiver or reduction of development standards and may
request a meeting with the city, county. or city and county. If a court finds
that the refusal to grant a waiver or reduction of development standards
is in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this subdivision
shall be intell'reted to require a local government to waive or reduce
development standards if the waiver or reduction would have a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon health, safety, or the physical environment, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be intell'reted to
require a local government to waive or reduce development standards
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Ch. 1062
thaI would have an adverse impact on any real propel1y that is listed in
the Calitlxnia Register of Historical Resources.
(t) The applicant shall show Ihat the waiver or modification is
necessary to make the housing units economically feasible.
(g) (I) For the purposes of Ihis chapter. except as provided in
paragraph (2), "density bonus" means a density increase of at least 25
percent, unless a lesser percentage is elected by the applicant, over the
othe!'),'ise maximum allowable residential density under the applicable
zoning ordinance and land use elemenl of Ihe general plan as of the date
of application by the applicant to the city, county. or city and county. All
density calculations resulting in fractional units shall be rounded up to
the nexl whole number. The granting of a density bonus shall not be
il1terpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment, zoning change, or other discretionary approval.
The density bonus shall not be included when determining the number
of housing units which is equal to 10, 20. or 50 percent of the total. The
density bonus shall apply to housing developments consisting of five or
more dwelling units.
(2) For the purposes of this chapter, if a development does not meet
the requirements of paragraph (I), (2), or (3) of subdivision (b), but the
applicant agrees or proposes to construct a condominium project as
defined in subdivision (f) of Section 1351 of the Civil Code, in which
at least 20 percent of the total dwelling units are reserved for persons and
families of moderate income. as defined in Section 50093 of the Health
and Safety Code, a "density bonus" of at least 10 percent shall be
granted, unless a lesser percentage is elected by the applicant, over the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan as of the date
of application by the applicant to the city, county, or city and county. All
density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a density bonus shall not be
interpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment. zoning change, or other discretionary approval.
The density bonus shall not be included when determining the number
of housing units which is equal to 20 percent of the total. The density
bonus shall apply to housing developments consisting of five or more
dwelling units.
(h) "Housing development," as used in this section, means one or
more groups of projects for residential units constructed in the planned
development ofa city. county, or city and county. For the purposes of this
section, "housing development" also includes either (I) a project to
substantially rehabilitate and convel1 an existing commercial building
to residential use. or (2) the substantial rehabilitation of an existing
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multifamily dwelling, as defined in subdivision (d) of Section 65863.4,
where the result of the rehabilitation would be a net increase in available
residential units. For the purpose of calculating a density bonus, the
residential units do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be pennitted in geographic
areas of tile housing development other than the areas where the units for
the lower income households are located.
ei) The granting ofa concession or incentive shall not be interpreted,
in and of itself, to require a general plan amendment, local coastal plan
amendment. zoning change, or other discretionary approval. This
provision is declaratory of existing law.
(j) For the purposes of this chapter. concession or incentive means
any of the following:
( I) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Conunission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would
otherwise be required.
(1) Approval of mixed use zoning in conjunction with the housing
project if commercial, office. industrial, or other land uses will reduce
the cost of the housing development and if the commercial, office,
industrial, or other land uses are compatible with the housing project and
the existing or planned development in the area where the proposed
housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in identifiable
and actual cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and county,
or the waiver of fees or dedication requirements.
(k) If an applicant agrees to construct both 20 percent of the total units
for lower income households and 10 percent of the total units for very
low income households, the developer is entitled to only one density
bonus and at least one additional concession or incentive identified in
Section 65913.4 under this section although the city, city and county, or
county may, at its discretion, grant more than one density bonus.
(/) Nothing in this section shall be construed to supersede or in any
way alter or lessen the effect or application of the California Coastal Act
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(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(m) A local agency may charge a fee to reimburse it for costs it incurs
as a result of amendments to this section enacted during the 2001--{)2
Regular Session of the Legislature.
(nl For purposes of this section, the following definitions shall apply:
(I) "Development standard" means any ordinance, general plan
element, specific plan. charter amendment, or other local condition,law,
policy, resolution. or regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance, or if a range of density is pennitted,
means the maximum allowable density for the specific zoning range
applicable to the project.
SEe. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a local
agency or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service
mandated by this act, within the meaning of Section 17556 of the
Government Code.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Development Code Amendment No.
03-03 pertaining to second dwelling units.
Dept: Development Services
Date: May 5, 2003
MCC Date: May 19, 2003
Synopsis of Previous Conncil Action:
April 21, 2003 _ the Mayor and Common Council directed staff to prepare an amendment to the
Development Code.
April 8, 2003 - reviewed by Legislative Review Committee and referred to Mayor and Common
Council.
February 4,2003 - considered by Legislative Review Committee and continued.
Recommended Motion:
That the public hearing be closed, and that said ordinance be laid over for final adoption.
~F~
J ames Funk
Contact person:
V~lpr1p Rn<::t;;:
Phone: 384-5057
Supporting data attached: Staff Report. ordinance
Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Finance:
Council Notes:
Agenda Item No. ~.3
5}/1/03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment No. 03-03 - Second Dwelling Units
Mayor and Common Council Meeting of May 19, 2003
BACKGROUND
Assembly Bill 1866 was approved in September 2002, and amends provisions in State law
related to housing. In particular, it addresses the provision of second units, and includes
specified development standards. If a jurisdiction does not have provisions for second units
and/or those provisions are not consistent with AB 1866, the state provisions are applicable
after July I, 2003.
The Planning Commission considered the revisions at their meeting of May 6, 2003, and
recommended that the Mayor and Common Council approve the amendment to the
Development Code. Commissioners Coute, Enciso, Lockett, Morris, Sauerbrun, Thrasher,
and Vasquez voted in favor of approval. Commissioners Durr and Welch were absent.
The Planning Commission staff report contains the Findings of Fact supporting the
amendment, and a summary of the changes.
FINANCIAL IMPACT
The Mayor and Common Council considered the costs to the City at their meeting of April 21,
2003, when they directed staff to proceed with the revisions.
RECOMMENDATION
That the public hearing be closed and that said ordinance be laid over for adoption.
Exhibits:
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Planning Commission staff report
Ordinance
EXHIBIT 1
SUMMARY CITY OF SAN BERi'lARDINO PLANNING DIVISION
CASE:
AGENDA ITEM: .
HEARING DATE:
WARD:
Development Code Amendment No. 03-03
8
May 6. 1003
Citywide
APPLICANT:
City of San Bernardino
REQUEST AND PROJECT DESCRIPTION:
This is a City-initiated amendment to the Development Code to incorporate provisions of State
law related to second units. The amendment would apply Citywide in all residential land use
districts.
CONSTRAINTS/OVERLAYS:
o N/A
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15282(i). Statutory Exemption
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
. Approval
o Conditions
o Denial
o Continuance to:
De\'elopment Code Amendment No, 03-03
Hearing Date: 05/06/03
Page 2
REQUEST AND PROJECT DESCRIPTION
Assembly Bill 1866 was approved in September 2002, and amends provisions in State law
related to housing. In particular, it addresses the provision of second units, and includes specified
development standards. If a jurisdiction does not have provisions for second units and/or those
provisions are not consistent with AB 1866, the state provisions are applicable after July 1,2003.
The City's Development Code contains standards for second units, but revisions are required.
The revisions are related to the following areas, and are included in Attachment A in
strikeout/underline formal:
. The Development Code requires two covered spaces for the second unit, whereas AB
1866 limits the parking to one space per unit or bedroom, unless specific findings are
made related to the need for the additional parking. Staff is recommending one space per
bedroom. Covered parking will still be required.
. AB 1866 allows for the parking to be placed in the setback area and the Code does not
permit this. Again, the City has the ability to make findings that parking within setback
areas is not feasible or creates a fire and life safety condition. Staff is recommending that
parking be allowed in the side setback, behind the front setback.
. The Development Code only permits second units if the main single family unit is owner
occupied, and a deed restriction is required to implement. This provision is being deleted.
. The Development Code requires specific findings to be made in order to approve second
units. The legislation precludes any discretionary review, so this provision is being
removed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The amendment to the Development Code is exempt from the California Environmental Quality
Act, under Section 15282(i), Statutory Exemption.
FINDINGS AND ANALYSIS
1. Is the proposed amendment consistent with the General Plan?
Yes, pursuant to Section 65852.2(b)(4) of the Government Code, no changes to the
General Plan shall be required to implement the second unit provisions. In addition, Goal
2A of the City's General Plan states:
"Facilitate the development of a variety of types of housing to meet the needs of all
income levels in the City of San Bernardino."
The current and proposed provisions for second units implement this goal.
De\'elopment Code Amendment No. 03-03
Hearing Date: 05/06/03
Page 3
2, Wou1d the proposed amendment be detrimental to the public interest, health. safety,
convenience, or welfare of the City?
The proposed revisions will not be detrimental to the public interest, health, safety,
convenience. or welfare of the City in that they are minor changes to the existing
provisions for second units to implement state law requirements. When the existing
provisions were adopted, the City made a determination that the construction of second
units, in conformance with Development Code requirements. would not impact these
areas.
In particular, the Development Code requires that a second unit comply with all standards
of the underlying land use district. These standards include lot coverage, height, distance
between buildings, and setbacks. Section 65852.2(e) of the legislation permits off-street
parking in setback areas in locations determined by the local agency or tandem parking,
unless specific findings are made that preclude either of these locations. The City's
existing provisions do not preclude parking in the side setback, and this can be
accomplished if the lot is large enough. Staff is recommending against parking in the
front setback because that is not allowed elsewhere in the City, and would not be
compatible with existing residential neighborhoods. In addition, parking in the front
setback could create site safety concerns.
CONCLUSION
Development Code Amendment No. 03-03 meets the necessary findings for approval.
RECOMMENDA nON
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council adopt Development Code Amendment No. 03-03 based on the Findings of Fact in the
staff report.
Respectfully Submitted,
~f'~
James Funk
Director. Development Services
~C.{(IW
Valerie Ross
City Planner
Attachments: A
B
Proposed Revisions
Assembly Bill 1866
De\'e1opment Code Amendment No, 03-03
Hearing Date: 05/06/03
Page 4
A TT ACUMENT A
DEVELOPMENT CODE EXCERPT SECTION 19.04.030(2)(P)
SECOND DWELLING UNIT!"CIUNNY" HOUSING DESIGN STANDARDS
Second dwelling units require a Development Permit and shall be constructed in the
following manner:
I, No more than I second dwelling unit shall be permitted on any parcel or lot.
2. A second dwelling unit may only be permitted on a residential lot on which there
is already built I oVlller oeclipies single-family detached dwelling unit (main
unit).
3. A second dwelling unit may not be permitted on residential lots already having 2
or more dwelling units.
4. The parcel upon which the second dwelling unit is to be established shall conform
to all standards (i.e. lot coverage. height. setbacks. etc.) of the land use district in
which it is located.
5. Any increase in the floor area of an attached second unit shall not exceed 30% of
the existing living area of the main dwelling.
6. The total area of floor space for a detached second unit shall not exceed 1,200
square feet.
7. The second dwelling unit shall be architecturally compatible with the main
dwelling.
8. The secolls swelliRg lillit shall be pro'lil!el! with Ilar~.iRg ill aasitioll to ana the
same as that reEluirea for the maiR awellillg, purSliaRt to Challter 19.21 (Off Street
ParkiRg StallaaFlis). Na variallsa or miller a).calltieR may be !ilea for allawiRg
llarkiRg withiR tile reElliirea froRt ar siee yare setaasks.
The second dwelling unit (attached or detached) shall provide one covered
parking space per bedroom. Parking mav be permitted in the side yard setback
between the dwelling unit and the side properly line. behind the front setback.
9. Second units may only be established on lots where water. sewer. gas. and
electricity are available.
De,'elopment Code Amendment No, 03-03
Hearing Date: 05106103
Page 5
10, The second dwelling unit may be metered separately from the main dwelling for
gas, electricity. and water/sewer services.
11 ' Prior 10 issliaace of a lmilEliRg permit for the secoRd dwelliRg uRit, a COVaRaRt af
restActioR to RlR with the laRd, shall he recorded which speeilies tllat the Ilse af
the secaRd IlRit as aR iRdepeRdeRt dwelliag may eaRtiRlle aRly as [ORg as I llRit OR
the propeR)' is OWRer ocellpied.
12. The applicant for the Development Permit shall be the owner-occupant of the
subject property.
13. This section shall not validate any existing illegal second dwelling unit. An
application for a permit may be made pursuant to the provisions of Chapter 19.44
(Development Permits) to convert an illegal second unit to a conforming legal
second unit, and the standards and requirements for said conversion shall be the
same as for newly proposed second dwelling units.
14. The follawiRg IiRdiflgs shall he made (iR additiaa ta thase 61ltliRed ia Chapter
19.44 [DevelapmeRt Peffilits]) iR arder ta appro'/e a pe_it for a seeaRd d'l/eliiflg
llRit :
a. The soeaad dwelliRg liait is eamJlatihle with the desiga afthe maia
dwelliRg liait aad the sllrraliadiRg ReigRhorhaad ia te_s aflandseapiRg,
scale, height, IORgth, width, hlllll, lot eaverage, aRd e1tteFiar treatmeRt, aRd
will Rot calise eJtcessi'/e Raise, trartie, ar other distllfl1aRses ta tile existiRg
Reighl1arhaaa ar reslllt ia sigailieaRtl)' adverse impacts aR Pllhlie services
afla resOlirces.
b. Tl1e secaRd dwelliflg liait shall not callse a high eafleentratien af slleh
HAils s\:lffieieRt te GkRage the 6aaraeter sf tke S\:lff81:lAding resiaeetial
Reigllhorhood.
1
ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.04 (RESIDENTIAL DISTRICTS) OF THE SAN BERNARDINO
3 MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SECOND UNITS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION I.
Chapter 19.04, Section 19.04030(2)(P) of the Municipal Code
(Development Code) is amended to change the standards for the development of second dwelling
units as shown in Exhibit A attached hereto and incorporated herein by reference.
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IIII
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j;!r/o3
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.04 (RESIDENTIAL DISTRICTS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SECOND UNITS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
meeting thereof, held
Common Council of the City of San Bernardino at a
on the
day of
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8 ESTRADA
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Council Members:
LONGVILLE
10 MC GINNIS
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SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
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22 Approved as to form
and legal content:
,2003, by the following vote to wit:
AYES
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing ordinance is hereby approved this _day of
2003.
23
JAMES F. PENMAN
24 City Attorney
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By:
III
27 III
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JUDITH V ALLES, Mayor
City of San Bernardino
.~
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Adopted: June 2, 2003
Effective: July 3, 2003
cc~rY
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ORDINANCE NO. MC-1144
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.04 (RESIDENTIAL DISTRICTS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SECOND UNITS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.04, Section 19.04030(2)(P) of the Municipal Code
(Development Code) is amended to change the standards for the development of second dwelling
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units as shown in Exhibit A attached hereto and incorporated herein by reference.
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KC-1l44
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.04 (RESIDENTIAL DISTRICTS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SECOND UNITS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meeting thereof, held
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on the 2nd day of
6
7 Council Members:
8 ESTRADA
9 LONGVILLE
10
MC GINNIS
11
12
13
SCHNETZ
SUAREZ
ANDERSON
14
15
16
17
18
19
20
MC CAMMACK
June
AYES
NAYS
, 2003, by the following vote to wit:
ABSTAIN
ABSENT
x
x
x
x
x
x
x
G~hCLvJt
CittE;lerk
The foregoing ordinance is hereby approved this .3.IJLday of
2003.
21
22 Approved as to form
and legal content:
23
24
25
26
JAMES F. PENMAN
City Attorney
27
28
-~
June
..
"
()
nH V ALLES, Mayor
ty of San Bernardino
2
MC-1l44
EXHIBIT A
DEVELOPMENT CODE EXCERPT SECTION 19.04.030(2)(P)
SECOND DWELLING UNIT HOUSING DESIGN STANDARDS
Second dwelling units require a Development Permit and shall be constructed in the following
manner:
I. No more than 1 second dwelling unit shall be permitted on any parcel or lot.
2. A second dwelling unit may only be permitted on a residential lot on which there is already
built 1 single-family detached dwelling unit (main unit).
3. A second dwelling unit may not be permitted on residential lots already having 2 or more
dwelling units.
4. The parcel upon which the second dwelling unit is to be established shall conform to all
standards (i.e. lot coverage, height, setbacks, etc.) of the land use district in which it is
located.
5. Any increase in the floor area of an attached second unit shall not exceed 30% of the existing
living area of the main dwelling.
6. The total area of floor space for a detached second unit shall not exceed 1,200 square feet.
7. The second dwelling unit shall be architecturally compatible with the main dwelling.
8. The second dwelling unit (attached or detached) shall provide one covered parking space per
bedroom. Parking may be permitted in the side yard setback between the dwelling unit and
the side property line, behind the front setback.
9. Second units may only be established on lots where water, sewer, gas, and electricity are
available.
10. The second dwelling unit may be metered separately from the main dwelling for gas,
electricity, and water/sewer services.
11. The applicant for the Development Permit shall be the owner-occupant of the subject
property.
12. This section shall not validate any existing illegal second dwelling unit. An application for a
permit may be made pursuant to the provisions of Chapter 19.44 (Development Permits) to
convert an illegal second unit to a conforming legal second unit, and the standards and
requirements for said conversion shall be the same as for newly proposed second dwelling
units.
.
r~;'
-,
.r.xIUD1C A
**F()R OFFICE USE ONLY - NOY,A PUBLIC DOCUHEHY u", ,
~~.~:-~,~--.~. .1., ':'.~;;~~f~~~':' '-'\~~1~fit.-- . ~'_~-~T_!-"?~-':~~.~: -~'~-~:~-\~~ff-:'!:;~:+~:}-~~r7
',' . . CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE-'-'~' ~_:'.. . .
'", RECORDS & INFORMATION MANAGEMENT PROGRAM
.......;.
-~
AGENDA ITEM TRACKING FORM
Meeling Date/Date Adopled: oJ..
Resolution/Ordinance No. C -
Effective Date: ~ l .2 u Q3
J /
Vote: Ayes: / -- I
Abstain: ,~
Date Senl to Mayor:
Dale of Mayor's Signature:
L/
Item No. 9
Ordinance Urgency: Yes
Termination/Sunset Dale:
Nays: .Q-
Absent: .0-
Date Returned from Mayor: &/3/ tJ3
Dale of Clerk's Signature: (,/3/03
,
Dale Summary Returned from Attorney:
'Gi
/l~~
Meeting Type: p ~
Continued From/To & Item No.
Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
To Whom:
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Slaff Report Attached: Yes
NOles: ~~..( /PL- - ~/y,/03
No
Ready to File:
Dale:
OOCUMENT l()C.ATION:
fOIIIro6'AIif"da 111m TQdclftI Fonn.CC Fomt No.. Ill-Use ~ 1210411996