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Item 3.4
Item 3.4 TOWN OF LOS ALTOS HILLS January 15, 2009 Staff Report to the Planning Commission RE: AMENDMENT TO THE LOS ALTOS HILLS MUNICIPAL CODE TO ADOPT A MINISTERIAL REVIEW PROCESS FOR SECONDARY DWELLING UNITS (SECTION 10-2.301) IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65852.2 (SECOND -UNIT LAW). FROM: Nicole Horvitz, Assistant Planner PA APPROVED BY: Debbie Pedro, AICP, Planning Director_�,P RECOMMENDATION: That the Planning Commission Forward a recommendation to the City Council to adopt a resolution approving the proposed amendments to Section 10-2.301 (Permits) of the Los Altos Hills Municipal Code in Attachment 1. DISCUSSION The purpose of the proposed amendment is to update the Town's Municipal Code with regard to the review process for secondary dwelling units to be consistent with the State Law. On December 4, 1999, the Town adopted Ordinance 403, establishing requirements for the development of second units in Los Altos Hills (Attachment 2). As of July 1, 2003, California State Law (AB 1866) Section 65852.2 requires local governments with a second unit ordinance to ministerially consider second unit applications (Attachment 3). Since the State Law took effect, the Town has been processing second unit applications ministerially. However the Site Development Ordinance has not been updated to reflect this procedural change. Per Sections 10-2.301.B.1 and 10-2.301.C.2, the construction of second units would require either an administrative review with a public hearing or Planning Commission review. Staff is recommending that the code be amended to be consistent with State Law and include second units to be reviewed administratively under Section 10-2.301.A. No change is proposed for the Town's Second Unit Ordinance (10-1.702 L) which establishes the development standards for second units. CEQA STATUS The proposed ordinance amendment is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines. Staff Report to the Planning Commission January 15, 2009 Page 2 of 2 ATTACHMENTS 1. Proposed amendment to the Site Development Ordinance Section 10-2.301 (Permits Required) 2. Second Unit Ordinance (Los Altos Hills Municipal Code Section 10-1.702 L) 3. California State Law AB 1866 Attachment 1 Proposed Amendment to Section 10-2.301 A. 8,10-2.301. B. 1 and 10- 2.301.C.2 Code Section 10-2.301. Permits. No person shall commence or perform any activity described in subsection (a), (b), or (c) of this section without first obtaining a site development permit. A separate site development permit shall be required for each site on which any action(s) covered by this chapter is (are) to be undertaken. A Administrative review. The Planning Director or designee shall review and act on site development applications for the following activities without the necessity of notice and a hearing, provided that the Planning Director may deem it appropriate to conduct a noticed hearing pursuant to subsection (b) below for any of the items listed in this subsection (a): 1. The construction or placement of any spa, solar panel, or dish antenna in excess of three (3') feet in height, or thirty (30) square feet in development area; 2. Grading: 1. For fills equal to or exceeding two (2') feet but less than four (4') feet in vertical depth, at their deepest point measured from the natural ground surface; II. For excavations equal to or exceeding two (2') feet but less than six (6') feet in vertical depth, at their highest point measured from the natural ground surface; 1II. For excavations or fills, or any combination thereof, equal to or exceeding fifty (50) cubic yards, but less than two hundred fifty (250) cubic yards; IV. For excavations or fills, or any combination thereof, equal to or exceeding an area of one thousand (1,000) square feet, but less than three thousand (3,000) square feet; 3. The construction of any structure, or any addition to a structure, which equals or exceeds six (6') feet in height but is less than nineteen (19') feet in height, or is less than two hundred fifty (250) square feet of floor area with a height in excess of nineteen (19') feet, provided that where a second story is to be added to a structure which presently does not include a second story, the site development review shall be processed pursuant to subsection (c) below; 4. The construction of any structure, combination of structures, or additions to structures which equal or exceed one thousand (1,000) square feet of development area, but are less than three thousand (3,000) square feet of development area; 5. The construction of any structure, combination of structures, or additions to structures which equal or exceed one hundred fifty (150) square feet of floor area, but are less than nine hundred (900) square feet of floor area; 6. The enlargement of an existing private vehicular access or driveway which does not result in a new or relocated access point to a public or private road; 7. The construction or installation of any dish antenna less than twelve (12') feet in diameter. 8. The construction of a secondary dwelling unit. B. Administrative review with notice and hearing. The Planning Director shall, after notice and public hearing pursuant to Section 10-2.1305(b), review and act on site development applications for the following activities: 1 The " _ _ _ aUaAetaehed "_a"_ hundred arti. (veru 2. Grading: i. For fills equal to or exceeding four (4') feet but less than ten (10') feet in vertical depth, at their deepest point measured from the natural ground surface; ii. For excavations equal to or exceeding six (6') feet but less than thirteen (13') feet in vertical depth, at their highest point measured from the natural ground surface; iii. For excavations or fills, or any combination thereof, equal to or exceeding two hundred fifty (250) cubic yards, but less than one thousand (1,000) cubic yards; iv. For excavations or fills, or any combination thereof, equal to or exceeding an area of three thousand (3,000) square feet, but less than ten thousand (10,000) square feet; 3. Construction of any structure, combination of structures, or additions to structures which equal or exceed two hundred fifty (250) square feet of floor area with a height in excess of nineteen (19') feet, but are less than five hundred (500) square feet of floor area in excess of nineteen (19') feet in height, provided that where a second story is to be added to a structure which presently does not include a second story, the site development review shall be processed pursuant to subsection (c) below; 4. Construction of any structure, combination of structures, or additions to structures which equal or exceed three thousand (3,000) square feet of development area, but are less than seven thousand five hundred (7,500) square feet of development area; 5. The construction of any structure, combination of structures, or additions to structures which equal or exceed nine hundred (900) square feet of floor area, but are less than one thousand five hundred (1,500) square feet of floor area; 6. The construction of a private vehicular access or driveway which results in a new or relocated access point to a public or private road; 7. The construction or installation of any antenna equal to or greater than forty (40') feet in height but less than sixty-three (63') feet in height; 8. The construction or installation of any dish antenna equal to or greater than twelve (12') feet in diameter; 9. The construction of any tennis court, sports court, or swimming pool; 10. Landscape plans when required by Planning Commission action; or 11. Any other proposal deemed appropriate by the Planning Director for a noticed hearing conducted by the Planning Director. C. Planning Commission review. The Planning Commission shall review and act on site development applications for the following activities: 1. The construction of a principal residence; dwelling BdF a arty i+em square 3. Grading: I. For fills equal to or exceeding ten (10') feet in vertical depth, at their deepest point measured from the natural ground surface; H. For excavations equal to or exceeding thirteen (13') feet in vertical depth, at their highest point measured from the natural ground surface; III. For excavations or fills, or any combination thereof, equal to or exceeding one thousand (1,000) cubic yards; IV. For excavations or fills, or any combination thereof, equal to or exceeding an area of ten thousand (10,000) square feet; V. For tennis court grading where the maximum cut plus the maximum fill depths would exceed eight (8') feet; 4. The construction of any structure, combination of structures, or additions to structures which equal or exceed five hundred (500) square feet of floor area with a height in excess of nineteen (19') feet, or construction of any second story addition to a structure which does not presently include a second story; 5. The construction of any structure or combination of structures which equal or exceed seven thousand five hundred (7,500) square feet of development area; 6. The construction of any structure, combination of structures, or additions to structures which equal or exceed one thousand five hundred (1,500) square feet of floor area; 7. The construction or installation of any antenna equal to or greater than sixty-three (63') feet in height; 8. Any other proposal which exceeds the thresholds set out in subsections (a) and (b); or 9. Any other proposal referred to the Planning Commission by the Planning Director. D. Exceptions. A site development permit shall not be required for the following: 1. Any activity which is below the thresholds prescribed in Section 10-2.301(a); 2. Excavations below the finished grade for septic tanks and drain fields, tanks, vaults, tunnels, equipment basements, cellars, or footings of buildings or other structures for which a building permit has been issued by the Town; 3. The excavation or removal of vegetation in a public utility easement by public utility companies for the purpose of installing underground utilities; 4. Routine maintenance of roads and driveways; 5. Improvements constructed pursuant to improvement plans approved by the Town as required by approval of a tentative subdivision map; 6. Emergency work required by the City Engineer to mitigate or avoid a threat to the health, safety, or welfare of the community. (§ 3, Ord. 305, eff. October 3, 1986; § 1, Ord. 325, eff. August 3, 1988; § 1, Ord. 346, eff. July 19,1992; § 4, Ord. 384, eff. October 18, 1996) 10-1.702 Accessory uses and structures permitted (R -A). Attachment 2 Los Altos Hills Municipal Code Up Previous Next Main Search Print No Frames Ttle 10 ZONING AND SITE DEVELOPMENT Chapter 1 ZONING Article 7 Residential-Aukult al District (R -A) 10-1.702 Accessory uses and structures permitted (R -A). (a) Home Occupations. Home occupations shall be permitted where the use is entirely subordinate to the primary use of the premises for the home of a family. There shall be no retail sales on the premises, no advertising of any kind visible from off the premises, no evidence from off the premises of the business, no parking more than normally required for a residence, and not over one assistant outside the family unit shall be employed. The raising on the premises of agricultural products and the sales thereof shall be expressly excepted from the provisions of this chapter but shall be subject to reasonable regulations by the Town. (b) Walls, Fences, Trees and Shrubs. Walls, fences, trees and shrubs shall be permitted within the confines of a lot or contiguous lots subject to the height limitations set forth in Section 10-1.504 of Article 5 of this chapter. (c) House Number Signs. A sign not more than one and one-half (1.5) square feet in area bearing the house number and the name of the occupant, or a name designated, other than one of a commercial purpose, shall be permitted. (d) Accessory Buildings. Accessory buildings may be constructed only in accordance with the setback requirements of this chapter. An accessory building may be erected prior to the construction of the main building only if it is agreed that the main building shall be completed within three (3) years from the date of the issuance of the permit for the accessory building. A temporary accessory building shall be removed within thirty (30) days after the completion of the main building or within eighteen (18) months after the issuance of a permit for the accessory building, whichever is the earlier date. (e) Private Stables. A maximum of two (2) hoofed animals per acre shall be permitted provided one additional hoofed animal may be kept on each additional one-half acre, or fraction thereof, and provided, further, the conditions are satisfactory to the County Department of Health or such other agency as may be in charge of health standards for the Town. (f) Swimming Pools, Tennis Courts, Greenhouses and Workshops. Swimming pools, tennis courts, greenhouses, workshops, and other accessory uses found by the Planning Commission to comply with the definition of accessory use, shall be permitted. (g) Small Family Day Care Homes. Small family day care homes which provide care, protection and supervision of six (6) or fewer children (including children under the age often (10) years who reside at the home) in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, pursuant to State regulations, shall be permitted. No business license fee or tax shall be imposed on a small family day care home. (h) Residential Care Facility. The use of a dwelling unit or portion thereof licensed by the State of California for twenty-four (24) hour nonmedical care of up to six (6) persons per parcel or lot, (not including the provider, provider family or staff) in need of personal service, supervision, protection, or assistance essential for sustaining the activities of daily living. No exemptions from other Town ordinances and policies apply to this permitted accessory use. (i) Household Pets and Domestic Animals. Household pets and domestic animals as permitted by Town regulations may be kept. 0) Ornamental Garden Structures. Ornamental garden structures, such as benches, statuary, raised http://gcode.us/codes/losaltoshills/view.php?topic=10-1-7-10_1_702&frames=on 1/6/2009 10-1.702 Accessory uses and structures permitted (R -A). Page 2 of 2 planters and fountains, shall be permitted. (k) Antennas and Dish Antennas. Antennas and dish antennas are permitted subject to the requirements set forth in Article 5 of Chapter I and Article 3 of Chapter 2 of Title 10. (1) One secondary dwelling on each parcel or lot of land in one ownership which is of at least one acre in gross area, subject to the applicable provisions of this chapter and other laws. The gross area shall be measured prior to any required dedication of right-of-way or access easements, when required as part of a site development permit application submitted subsequent to January 1, 1999. Secondary dwellings shall meet the following standards: (1) A secondary dwelling shall be subordinate to and architecturally consistent with the primary dwelling; (2) The secondary dwelling shall not exceed one thousand (1,000) square feet of floor area; (3) If the secondary dwelling is within or attached to the primary dwelling, it shall be constructed so that the entire structure appears to be one dwelling; (4) If the secondary dwelling is separate from the primary dwelling, it shall not be sited in a visually prominent location, and shall respect the visual and acoustic privacy of primary dwellings on contiguous lots; (5) The lot on which a secondary dwelling is located must be connected to the public sanitary sewer system or have a private sewage disposal system that is deemed to be adequate for the addition of the second dwelling by the Santa Clara County Division of Health Services; and must have an adequate water supply; (6) The secondary dwelling shall not have a significant adverse impact on traffic flow and safety; (7) Any vehicular access to a secondary dwelling shall be by a common driveway with the primary dwelling; (8) The views of prominent scenic features by primary dwellings on contiguous lots shall be preserved. (m) Temporary Trailer Coaches. Trailer coaches during construction or substantial remodeling of a primary dwelling are permitted, subject to receipt of a zoning permit, pursuant to Section 10-1.310, after a public hearing held by the Zoning Administrator pursuant to Section 10-1.1005. One trailer coach specifically designed and equipped for human habitation may be placed on a lot, in accordance with the setback requirements of this Code and occupied only by the owner of the lot and members of the owner's family, as a temporary residence during construction or substantial remodeling of the primary dwelling on the lot. This permit shall be granted for no more than six (6) months, but shall be renewable upon the determination of the Zoning Administrator that the use has not resulted in detriment or nuisance to the adjacent properties or the neighborhood. However, in all cases, the trailer coach shall be removed prior to building permit final. (n) Photovoltaic power generation facilities. (o) Solar thermal energy facilities. (§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 319, eff. April 1, (R) 1987; § 3, Ord. 329, eff. October 20, 1989; § 3, Ord. 334, eff. July 20, 1990; § 1, Ord. 358, eff. December 4, 1993; § 1, Ord. 403, eff. December 4, 1999; § 1, Ord. 430, eff. October 4, 2003; § 2, Ord. 446, eff. June 11, 2006) http://gcode.us/codes/losaltoshills/view.php?topic=10-1-7-10_1_702&frames=cn 1/6/2009 Attachment 3 Chapter 1062, Statutes of 2002 (Assembly Bill 1866) A. IMPLEMENTATION DISCUSSION FOR SECOND UNIT LAW GOVERNMENT CODE SECTION 65852.2 Introduction Second -units (i.e., in-law apartments, granny flats, or accessory apartments) provide an important source of affordable housing. By promoting the development of second -units, a community may ease a rental housing deficit, maximize limited land resources and existing infrastructure and assist low and moderate -income homeowners with supplemental income. Second -units can increase the property tax base and contribute to the local affordable housing stock. Government Code Section 65852.2 (a.k.a. second -unit law) was enacted in 1982 and has been amended four times (1986, 1990, 1994 and 2002) to encourage the creation of second -units while maintaining local flexibility for unique circumstances and conditions. Local governments may allow for the creation of second -wits in residential zones, set development standards (i.e., height, setbacks, lot coverage), require minimum unit sizes and establish puking requirements. However, State standards apply if localities do not adopt a second -unit ordinance in accordance with the intent of second -unit law and subsections (a) or (c). Chapter 1062 amends second -unit law to require ministerial consideration of second -unit applications to encourage the creation of second -units. For the text of Chapter 1062 (AB 1866) relating to Government Code Section 65852.2, see the second section of this attachment, titled "Changes to Government Code Section 65852.2". Following is a discussion of the new legislation to assist localities in carrying out the provisions of Chapter 1062: Intent of Second -Unit Law (Government Code Section 65852.150) The preparation, adoption, amendment and implementation of local second -unit ordinances should be carried out consistent with Government Code Section 65852.150: The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense ofsecurity. State HPD- Oinisw. ofMxIiV soruy Dev,4.1e t 2 July 2003 It is the intent of the Legislature that any second -unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. When Does a Local Second -Unit Ordinance Apply versus State Standards? Second -unit law contains provisions to guide the adoption of a local ordinance (subsections (a) and (c -g)) and describes State standards that apply in the absence of a local ordinance (subsection (b)). When a local second -unit ordinance is enacted in accordance with subsections (a) or (c), the local ordinance provides the criteria for approving and denying second -unit applications. In the absence of a local second -unit ordinance in accordance with subsection (a) or (c), the State standards contained in subsection (b) of Government Code Section 65852.2 establish the criteria for approving and denying second -unit applications. While the State standards, under subsection (b), do not necessarily apply to the preparation or update of a local ordinance, they are appropriate to use as a guideline. Does a Locality Have Flexibility in Adopting a Local Second -Unit Ordinance? Second -unit law was created and amended within the context of providing "...a minimum of limitation...", so localities "...may exercise the maximum degree of control over local zoning matters..." (Government Code 65800). Chapter 1062 requires localities to consider applications for the development of second -units ministerially with the intent to create second -units and not constrain their development. Second -unit law provides local flexibility to manage the opportunity for creating second -units. For example, Government Code Section 65852.2(a)(1) provides that: 65852.2.(a)(1) 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 permitted. 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 ofsecond units on trafcflow. (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum sue of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable densityfor 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. suu 7fco—Nicn . ofmo.g ft(uy ornhpment 3 3.1y 2003 A local government may apply quantifiable, fixed and objective standards, such as height, setback, and lot coverage requirements so the second -unit will be compatible with other structures in the neighborhood. A local government may designate areas appropriate for second -units based on criteria such as the adequacy of water and sewer services and the impact of second -units on traffic flow. At the same time, a locality must adopt an ordinance with the intent of facilitating the development of second -units in appropriate residential zones without arbitrary, excessive, or burdensome provisions and requirements. Under limited circumstances, a locality may prohibit the development of second -units in single- family or multifamily zones (Government Code Section 65852.2(c)). This prohibition may only be enacted if a locality adopts formal written findings based on substantial evidence identifying the adverse impact of second -units on the public health, safety, and welfare and acknowledging such action may limit housing opportunities in the region (Section 65852.2(c)). Prior to making findings of specific adverse impact, the agency should explore feasible alternatives to mitigate and avoid the impact. Written findings should also acknowledge efforts to adopt an ordinance consistent with the intent of second -unit law. A local government may also establish reasonable minimum and maximum unit size requirements for both attached and detached second -units according to Government Code Section 65852.2(d). Minimum and maximum unit sizes should be reasonable and should not arbitrarily and excessively restrict the development of second -units. For example, a maximum unit size of 400 square feet might be unduly restrictive on minimum lot sizes of 7,000 square feet, barring unusual circumstances, and would restrict the development of second -units. Minimum unit sizes should also uphold health and safety standards. Also, localities should ensure puking requirements are consistent with standards set forth in subsection (e). This subsection limits parking requirements to one parking space per unit or bedroom, unless a locality makes specific findings. When Does Chapter 1062 Take Effect for Second -Unit Law? Government Code Section 65852.2(a)(3) requires where a local agency has a local ordinance in accordance with subsections (a) or (c), an application for a second -unit permit is to be considered ministerially without discretionary review or public hearing on or after July 1, 2003. Local jurisdictions without an ordinance must utilize the State second -unit standards set forth in Section 65852.2(b) and are required to ministerially consider second -unit applications after January 1, 2003. Chapter 1062 does not necessarily require a local agency to adopt or amend a second -unit ordinance (Section 65852.2(a)(3)). If a locality has a second -unit ordinance in accordance with subsections (a) or (c) of second -unit law, an application should be considered ministerially. For example, if a locality has an ordinance with development standards in accordance with the intent of second -unit law and subsection (a) and requires a conditional use permit, the locality should consider a second -unit application ministerially according to the adopted development standards Staa ALA D—Dft r n 0f9f0unng P06ry Deu/apm t 4 July 2003 and any provisions of the local ordinance which are in conflict with second -unit law, such as a conditional use permit, should be considered null and void. However, if a locality has a second - unit ordinance that does not meet the intent and subsections (a) or (c), the locality is required to ministerially consider a second -unit application in accordance with the State standards in subsection (b). What is Ministerial Review? Chapter 1062 requires development applications for second -units to be "...considered ministerially without discretionary review or a hearing..." or, in the case where there is no local ordinance in compliance with subsections (a) or (c), a local government must "...accept the application and approve or disapprove the application ministerially without discretionary review..." In order for an application to be considered ministerially, the process must apply predictable, objective, fixed, quantifiable and clear standards. These standards must be administratively applied to the application and not subject to discretionary decision-making by a legislative body (For clarification see the attached definition of ministerial under California Environmental Quality Act (CEQA) Guidelines, Section 15369.). The definition is generally accepted and was prepared pursuant to Public Resources Code. An application should not be subject to excessively burdensome conditions of approval, should not be subject to a public hearing or public comment and should not be subject to any discretionary decision-making process. There should be no local legislative, quasi -legislative or discretionary consideration of the application, except provisions for authorizing an administrative appeal of a decision (see Appeal discussion below). The intent of Chapter 1062 is to improve certainty and predictability in the approval process. Where special use or variances must apply, the locality should grant the variance or special use permit without a public hearing for legislative, quasi -legislative or discretionary consideration, as authorized by Government Code Section 65901. An application for consideration by a board of zoning adjustments or zoning administrator should apply a limited and fixed set of clear, predictable and objective standards without the application of discretionary conditions or public comment. Chapter 1062 does not affect local government measures to keep the public apprised of pending applications and the status of the decision-making process. A local government should handle public noticing in the same manner as other ministerial actions. For example, if a local government allows new construction of a single-family residence by right or ministerially and public notice is not given for these applications, then a local government should employ the same procedures for second -unit applications. The appropriate point for public comment is the discretionary action adopting or amending a second -unit ordinance. As explicitly stated in the provisions of 65852.2(a), a locality may require second -units to comply with development standards such as height, setback and architectural review. At the same time, architectural review should be handled in a ministerial fashion without discretionary public hearings or review. Architectural review in a ministerial fashion includes architectural standards and design guidelines with clear, fixed and objective standards. These standards should provide a slate grLID- Omumn afyfau¢tng ftay Dn 6pw.t 5 yn1y 2003 predictable concept of appropriate second -unit development. For example, the compatibility of the materials with the existing structure, exterior color, subordinate bulk or compatible exterior surface texture are architectural standards that can be applied in a ministerial manner, especially with the aid of design review guidelines. Architectural review standards should not impede the creation of second -units and should not detrimentally affect the feasibility or affordability of second -units. Can a Locality Accept Appeals If a Second -unit Application Is Denied? A locality can provide an appeal process for applicants whose second -unit proposal is denied. The appeal process should maintain predictable and fixed approval standards, consistent with the intent of Chapter 1062. Accordingly, an appeal should not include a public hearing with public comment as part of a discretionary decision. The appeal process should be handled in a ministerial and administrative manner and should be limited in scope, only considering the proposal's compliance with the objective standards of the second -unit ordinance. Can a Locality Consider an Additional Process to Consider Second Units if the Standards Established by Chapter 1062 Have Been Met? If a local ordinance is consistent with subdivisions (a) and (c -g) of second -unit law and consistent with the intent of the law, a local government could also adopt an ancillary set of broader standards under which second -units might be allowed under a discretionary review process as exceptions to existing zoning. While the statute does not preclude a broader and more flexible set of standards, localities must be very careful that any criteria or process for a secondary set of standards is only ancillary to the ministerial consideration required by Chapter 1062. Typical exceptions to zoning could be handled administratively or quasi -judicially. Homeowners in the community we entitled to have a realistic opportunity to create second -units. If the locality fails to provide an adequate ministerial process pursuant to subdivision (a) and (c -g), applications for second -units should be subject to the State standards of subdivision (b) of Section 65852.2. Is a Locality Required to Allow Second -Units in Multifamily Zones? While second -units may be allowed in both single- and multi -family zones (Sections 65852.2(a)(1) and (b)(1)(B)), nothing in the statute requires more than one second -unit to be permitted on a single parcel. The State standards specifically require that the lot contain an existing single-family dwelling (Section 65852.2(b)(1)(C)) and localities could adopt a similar requirement. Alternatively localities could permit second -wits on parcels containing, for example, a duplex. The guiding principle for the local ordinance should be to avoid provisions that are "...so arbitrary, excessive or burdensome so as to unreasonably restrict the ability of homeowners to create second - units in zones where they are authorized by local ordinance." (Section 65852.150). For example, second -units should not be arbitrarily excluded from appropriate geographic areas. Are Second -Units Exempt from Local Growth Control? Yes. Government Code Section 65852.2(a)(2) states second -units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Second -units must be exempt from growth control measures regardless of whether the growth control has been Stere NCo- Nfvnan ofHo.d,i To&y 0nre4m t 6 Afy 2003 enacted by local initiative or the legislative body. Local governments should take steps to address any inconsistency between the second -unit mandate and local initiatives, ordinances, policies, programs or any other regulations to limit residential growth. What Kind of Environmental Review is Required for Second -Units? Second -units approved ministerially are statutorily exempt from CEQA pursuant to Section 15268 (Ministerial Projects) of the CEQA guidelines and Section 21080(b)(1) of the Public Resources Code. In addition, second -units can be categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines, authority cited under Public Resources Code Section 21083 and 21087. How Can a Locality Encourage Secoud-Units? Local governments can encourage second -unit development through a variety of mechanisms. For example, a locality could develop information packets to market second -unit construction. A packet could include materials for a second -unit application, explain the application process, and describe incentives to promote their development. A locality could also advertise second -unit development opportunities to homeowners on the community's web page, at community and senior centers, in community newsletters, and in local utility bills, etc. Some local governments establish and maintain a second -unit specialist in the current planning division to assist in processing and approving second -units. A local government can also establish flexible zoning requirements, development standards, processing and fee incentives that facilitate the creation of second -units (Government Code Section 65852.2(g)). Incentives include reduced parking requirements near transit nodes, tandem parking requirements, pre -approved building plans or design prototypes, prioritized processing, fee waivers, fee deferrals, reduced impact fees, reduced water and sewer connection fees, setback reductions and streamlined architectural review. For example, the City of Santa Cruz established pre -approved design prototypes to encourage and stimulate the development of second -units. Localities can also monitor the effectiveness of ordinances, programs and policies encouraging the creation of second -unit development. Some localities monitor implementation of second -unit strategies through the annual general plan progress report (Government Code Section 65400). Evaluating the effectiveness of a second -unit ordinance can assist the local government in determining appropriate measures to improve usefulness and further facilitate the development of housing affordable to lower- and moderate -income families. See the second -unit bibliography in the Resources section for additional resources on the development of second -units. Can a Locality Have Occupancy Requirements on Second -Units? Requirements restricting the occupancy of a second -unit may be susceptible to legal challenge. In a 1984 decision, the Superior Court (Hubbart vs. County of Fresno, Superior Ct. No. 309140-2, 10/3/84), voided a Fresno County zoning ordinance which required that occupancy of a second - unit be limited to persons related to the main unit's owner. The Court stated that the ordinance violated the plaintiffs right to privacy guaranteed by Article I, Section I of the California Constitution. State wjOo— ofuu+on of7foanng Pofuy Dk rrment 7 July 2003 In a 2001 decision (Coalition Advocating Legal Housing Options v. City of Santa Monica), a second -unit ordinance preventing non-dependent adult children or relatives, as well as unrelated persons while permitting dependents and caregivers, was declared unconstitutional under the right to privacy and equal protection clause of the California Constitution. A local ordinance could include income restrictions on the occupancy of a second -unit to ensure the creation of housing affordable to low- and moderate -income households. A local ordinance could also require one of the dwellings on the property to be owner -occupied. However, an ordinance with these restrictions and requirements should be developed in a manner that encourages the creation of second -units as opposed to restricting the development of second -units. Does Second -Unit Law Apply to Charter Cities and Counties? Yes. Charter cities and counties must particularly give way to State general laws such as second - unit law when there are matters of Statewide concern (Coalition Advocating Legal Housing Options v. City of Santa Monica (2001) 105 Cal. Rptr. 2d 802), as stated by the Legislature in Government Code Sections 65580, 65852.150 and 65852.2(1)(2). Further, second -unit law explicitly applies to "local agencies" which are defined as general law or charter (Government Code Section 65852.2(i)(2)). Does Second -Unit Law Apply to Localities in the Coastal Zone? Yes. The California Coastal Act was enacted to preserve our natural coastal resources for existing and future Californians. While second -units utilize existing built areas and usually have minimal environmental impact, the need for second -units should be balanced against the need to preserve our unique coastal resources. For these reasons, second -unit law shall not supersede, alter or lessen the effect or application of the California Coastal Act (Division 20 of the Public Resources Code), except that local governments shall not be required to hold public hearings for coastal development permit (CDP) applications for second -units (Government Code 65852.20)). As stated in correspondence, dated January 13, 2003 from the California Coastal Commission to all coastal communities, local governments in the coastal zone should amend their Local Coastal Program (LCP) to not require a public hearing in the consideration of second -unit applications. Further, local appeals should be handled in an administrative manner. Should a Locality Submit Their Second -Unit Ordinances to HCD? Yes. Government Code Section 65852.2(h) requires submittal of an ordinance adopted pursuant to subsection (a) and (c) to the State Department of Housing and Community Development (Department) within 60 days of adoption. The Department will establish a clearinghouse of local ordinances to assist local governments in developing effective and meaningful ordinances. The Department is also available to provide technical assistance in the preparation of second -unit ordinances. Local governments are encouraged to send electronic copies of their ordinance to the Department at pmcd©ug 41gh6d'.ca:9ov. Slate NCD—�.l ofgfovmg PO&Y D Wrp,a 8 yu612003 Chanter 1062, Statutes of 2002 (Assembly Bill 1866) B. CHANGES TO GOVERNMENT CODE SECTION 65852.2 Government Code Section 65852.2 was amended by Chapter 1062 (AB 1866) as follows Government Code Section 65852.2 (additions or chanees in italics/underlined and deletions indicated by asterisks with substantive changes italicized in Parentheses) 65852.2.(a) (1) 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 maybe permitted. 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 to, puking, height, setback, lot coverage, architectural review, ***** maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. ***** n 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. ***** (Provisions to establish a process far the issuance of conditional use permits deleted) (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 1. 2003, for a oermit pursuant to this subdivision the application shall be considered ministerially without amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation ofsecond units. Stare NCD—Dwuwo ofYv, iV&&yD (.p.,.t 9 5.62003 (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a ***** (conditional use deleted) permit 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 65901 or 65906 every local agency shall grant a variance or special use ***** (conditional use deleted) permit 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. (C) 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. (1-1) Local building code requirements which apply to detached dwellings, as appropriate. (1) Approval by the local health officer when 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 permit 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 permit 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. (5) A second unit which conforms 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. (c) No local agency shall adopt an ordinance which totally precludes second units within single- family or multifamily zoned areas unless the ordinance contains findings 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 from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. State 7lt[D- Onownof9&..g PoGry NeveCopmen[ 10 Sufi 2003 (d) 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 puking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street puking shall be permitted in setback areas in locations determined 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. (f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000). (g) This section does not limit the authority of local 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 (a) 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: (1) "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 forth 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. hearings for coastal development permit applications for second units. SwW MOD- mivi+w. of)hng moray 0e kp.t tt July 2003 Chapter 1062, Statutes of 2002 (Assembly Bill 1866) C. OTHER PERTINENT CODE SECTIONS Government Code Section 65901 (a) The board of zoning adjustment or zoning administrator shall hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefore and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance. The board of zoning adjustment or the zoning administrator may also exercise any other powers granted by local ordinance, and may adopt all rules and procedures necessary or convenient for the conduct of the board's or administrator's business. (b) In accordance with the requirements for variances specified in Section 65906, the legislative body of the city or county may, by ordinance, authorize the board of zoning adjustment or zoning administrator to decide applications for variance from the terms of the zoning ordinance without a public hewing on the application. That ordinance shall specify the kinds of variances which may be granted by the board of zoning adjustment or zoning administrator, and the extent of variation which the board of zoning adjustment or zoning administrator may allow. Government Code Section 65906 Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. CEOA Guidelines: Section 15369 Ministerial "Ministerial" describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding State HPD— Nivaion ofNou1inq Porly �u,lop.,W 12 July 2003 whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21080(6)(1), Public Resources Code; Johnson v. State of California, 69 Cal. 2d 782; Day v. City of Glendale, 51 Cal. App. 3d 817. Discussion: This definition draws upon earlier judicial definitions of "ministerial' and discretionary governmental actions and provides examples. Neither tens is technically precise. SLWJTCID— OivLwo¢ of7fo..g Poury�r.F t 13 July 2003 Chapter 1062, Statutes of 2002 (Assembly Bill 1866) D. RESOURCES AND CONTACTS Second -Units Resource List (Arraneed alphabetically by title) Accessory Apartments: Are They A Realistic Alternative for Ageing in Place? -- [London, UK]: Taylor & Francis Group. Housing Studies - Vol. 16, No. 5, p. 637-650 (Sept. 10, 2001) Chapman, Nancy J; Howe, Deborah A (2001) Abstract: The accessory apartment in North America - defined as the addition of a small, separate living unit within a detached single-family house - has been advocated as a housing alternative allowing older people to 'age in place'. Based on a survey of owners of accessory units built in Seattle, Washington State, that were developed since legalization in 1994 and a literature review, this research explores the extent to which accessory apartments are benefiting the elderly. Although only 14 percent of the owners and 11 percent of the tenants in Seattle were over 65, there is evidence that such apartments serve a higher proportion of older persons over time. Forty-three percent of the apartments were perceived to be accessible to people with disabilities. Advocates of older adults are advised to target middle-aged and young -old to encourage the development of accessory apartments. Age restrictions within zoning ordinances may be counterproductive by prohibiting their development by owners who have the energy and resources to undertake such a task. Accessory Apartments in Single -Family Housing -- New Brunswick, NJ: Center for Urban Policy Research. Gellen, Martin (1985)-Monogmph includes bibliographical references and index. Introduction - "This book examines accessory apartment conversions as an emerging trend in American housing. It also assesses their potential as an instrument of local and national housing policy. As the reproduction cost of housing has increased, consumers have begun to make more intensive use of existing dwellings. Accessory apartment conversions represent one form of this response..." (p. xiii) Accessory Rental Units in the Portland Area: A Guide for Design, Development and Management/Institute of Portland Metropolitan Studies --Portland, OR: Portland State University, School of Urban and Public Affairs. Seltzer, Ethan; Perry, Theodis (1995) Introduction - "...Since we are long past the era when government could be looked to for the provision of large numbers of affordable housing units, we need to collectively explore new or alternative methods that augment the efforts that government bodies will be making. Hence the purpose for this publication. One of the fastest ways to double the housing supply would be to allow every single-family house to serve as a duplex. Surely not all homeowners would be interested. However, for those that are, the rules ought to be clear and the goal of creating an additional unit achievable." State Am—Division ofNon,ing?o&Y tDe 6pnvnt 14 duly 2003 Accessory Units Resource Guide: The State of the Art -- Los Angeles, CA: Hare Planning & Design, 1993. National Resource and Policy Center on Housing & Long Term Care (1993) Full text also available at: htto:/h+nvw.aoa.gov/Housinr/accunits.htm[ "What we Accessory Units? The term 'accessory unit' is a general term used to refer to separate units typically created in the surplus space within a single family home. Accessory units include accessory apartments, accessory cottages, and elder cottage housing opportunity housing." - (p. 2) Aging and Smart Growth: Building Aging Sensitive Communities/Funders' Network for Smart Growth and Livable Communities -- Miami, FL: Collins Center for Public Policy (Funders Network Translation Paper; no. 7). Howe, Debra (2001) Full text also available at: ha.-IIwww.Publicheolthrrondrounds.unc.edulwban/aeMraaner.adf Abstract: This report posits that the sprawling, automobile -dominated landscape so prevalent throughout the United States seriously limits the continued mobility and independence of older people, a reality that is of enormous consequence to the aging experience. In the years ahead, the growing number of seniors, a result of the aging of baby boomers, stands to overwhelm the system of care relied on by most seniors—family members, friends, and the social service system. The report underscores the importance of transforming our communities so that they we aging - sensitive, making it possible for people to maintain their health and independence even as needs change. Leadership is needed to support planning processes and implementation efforts that improve the interface between the aging experience and the built environment. Public education, training, research, and investment we necessary components of the action agenda that must be put into place if elders are to be full participants in—and not cut off from—our society in the coming decades. Allowing Accessory Apartments: Key Issues for Local Officials / U.S. Dept. of Housing and Urban Development -- Washington, DC: HUD - Office of Policy Development and Research (Report no. HUD -PDR -747). Hodges, Samuel J; Goldman, Ellis G. (1983) Introduction – "A combination of factors, including smaller households, sharply rising housing costs, and general economic conditions has led to a growing interest in the creation of accessory apartments in single-family homes. Accessory apartments are self-contained dwelling units created from existing space, including separate kitchen and bath facilities and a separate entrance." (p. 3). Alternative Housing Arrangements: A Selected Information Guide / U.S. Dept. of Housing and Urban Development --Washington, DC: HUD -Office of Policy Development and Research. Hare, Patrick (1985) Introduction - "Alternative living arrangements is the collective name for shared housing, household matching services, accessory apartments, and ECHO housing or granny flats -- a new name for old ideas with new relevance. As the demographics in the United States change, these forms of housing can become attractive options for the growing numbers of single persons, small families, and older persons seeking housing to fit their needs and their budgets..." (p. 1). A Cottage for Sale: Low -Cost `Granny Flats' Combine Proximity with Privacy. The Washington Post - 118,330 - Tues. ed., cot. 1, p.WH9- Hamilton, M (1996 Oct 31) Abstract: "This might offer an opportunity for people to take care of their older relatives without huge expenses," said George Gaberlavage, a senior analyst in the American Association of Retired Persons Public Policy Institute. "What if you could put one of these housing units on your land and it was tastefully done and the community was assured that it's going to be for a relative and not for state NM— tDw&i . ofmo" TO&7 tDnretTp w 15 9ufy 2W3 rental purposes? It might be a great way of helping families." [Marlys] Marshall had a unit installed in her garage that allows her mother and father to live nearby. Her mother became disabled after falling and breaking a hip in 1991. Marshall's father was able to care for his wife until last March, when spinal degeneration left him confined to a wheelchair... E.C.H.O. Housing: A Review of Zoning Issues and Other Considerations -- Washington, DC: American Association of Retired Persons - Report includes bibliographical references. Hare, Patrick H; Hollis, Linda E. (1983) Introduction - "This booklet represents a review of the technical zoning issues raised by Elder Cottage Housing Opportunity (ECHO) units, small temporary units placed in side or rear yards to enable adult children to take care of aging parents..." (p. 4). Everything's Relative. Builder - Vol. 22, no. 13 - p. 200(1) Weber, C. (1999, October) Abstract: Planned community development Amelia Park in Amelia Island, FL, combines conventional land planning and architecture inspired by history. The popularity of the development reflects in the fact that more than 50% of its units have already been sold. All Amelia Park homes including the townhouse models have a standard detached rear -loaded garage. However, the granny flats above are zoned as rental units and can be used for home offices, studios or extra living space. Great Expectations. Builder - Vol. 23, no. 7 - p. 124-134 Weber, C. (2000, June) Abstract: A booming economy and buyers with more sophisticated tastes have compelled the home building industry to provide innovative plans and design details usually reserved only for custom houses. Demographic shifts are creating new family situations and a need for niched products to accommodate those lifestyles. One solution to maintaining household peace is providing what used to be called a granny flat or in-law suite. Today's updated version of this old- fashioned idea is a flexible bonus space with a separate entrance that can perform multiple functions. Most households now have 2 computers, and people from 8 to 80 need home space to work, surf, and play. In smaller square footages, Internet alcoves are sufficient. How to Make Housing Affordable: Let People Subdivide Their Homes. U.S. News & World Report - Vol. 121, no. 26 - p. 51-(2) Maass, P. (1996, Dec 30) Abstract: The high cost of housing can drive people to poverty as they pay more than half of their gross income for a roof over their heads. Zoning laws in many cities should be changed to allow people to build accessory apartments to lower costs for themselves as well as others and provide a form of security. Installations of Accessory Units In Communities Where They Are Legal -- Washington, DC: Hare Planning & Design. Hare Planning & Design (1990) Introduction: Accessory units as used here includes both accessory apartments and accessory cottages. Accessory apartments are complete, separate living units installed in the surplus space in single family homes. The potential of accessory apartments to provide housing stems from the fact that the baby boom has been followed by an empty nester boom, or more technically, by underutilization of single family housing stock. Swu NOD— Oiwion of5founng Tvfcy De &pwnt 16 July 2003 New Urban and Standard Suburban Subdivisions: Evaluating Psychological and Social Goals / American Planning Association -- Chicago, IL: APA, 2001. Article includes bibliographical references. Journal of the American Planning Association - Vol. 67, no.4, Autumn 2001 (p. 402-419) Brown, Barbara B.; Cropper, Vivian L. (2001) "Residents of both subdivisions were interviewed about their sense of community, neighborliness, neigbborhood uses, attitudes toward diverse neighborhoods, and support of distinctive New Urbanist residential design strategies: accessory apartments, reconfigured house/garage siting, and narrow, alleys behind homes." - (p. [1]). Second Units -- Sacramento, CA: The Dept. - Division of Housing Policy Development. June 1995 reprint of December 1990 technical assistance paper. California. Dept. of Housing and Community Development (1995) "Second units, also referred to as'in-law apartments', 'granny flats', or'accessory apartments', may offer an additional source of affordable housing to homeowner and the community. By promoting the development of second units, a community may ease a rental housing deficit, enable homeowners with declining incomes to supplement their incomes, and make more economical use of land and existing infrastructure." - (Cover). Second Units: An Emerging Housing Resource — San Francisco, CA: People for Open Space (POS Housing/Greenbelt Program technical report; no. 2-E). Report includes bibliographical references. Verrips, Bert (1983) Summary: The conversion of existing single-family dwellings to add secondary units is a potentially effective, environmentally sensitive, and economically feasible response to the Bay Area's serious housing problem. However, because of resident concerns with the impacts of second units on existing neighborhoods, the development of such units is either illegal or severely restricted in most communities. The purpose of this report is to evaluate the costs and benefits of second units, and consider what regulations might be appropriate to respond to the impacts of second units while still encouraging their development -(p. iii). Secondary Units (Accessory Apartments and ECHO Housing: A Step-by-step Program Development Guide -- Albany, NY: Rural Aging Services Partnerships (R.A.S.P. Resource manual; no. 6). Pollak, Patricia B. (1986) "Installing an accessory apartment in a single-family home can provide an older homeowner with a source of income. In addition, tenants can often provide assistance with home maintenance and other chores. The presence of a tenant can also add a sense of security for an older homeowner. Yet privacy and independence need not be sacrificed. For the community, accessory apartments represent an increased supply of small apartments created by more intensively using existing housing resources."- (p. 5). Small Solutions: Second Units as Affordable Housing: The Evaluation of The Double Unit Opportunity Program -- San Francisco, CA: The Fund. San Francisco Development Fund (1988) For many California residents, suitable housing at an affordable level is simply unavailable. One potential source of affordable rental housing is to use under-utilized space in single-family neighborhoods to create second units. These small dwelling units, also known as accessory apartments, in-law apartments, or granny flats, involve no land acquisition costs and minimal new infrastructure." - (p. 0. State WM- Owum ofMomvng Po&y �fpment 17 90y 203 Two -By -Two: A Status Report on Accessory Apartments in the Bay Area -- Chicago, IL: American Planning Association. Planning - Vol. 54, no. 11 - p. 22-23 Lawrence, J; Watson, L. (1988, November) "After three years of experience with accessory apartments, or "second units" as they are called in the Bay Area, the San Francisco Development Fund has concluded that this is an innovation that works." - (p. 22). Your New Neighbor: Mom - Instead of Scattering, More Extended Families are Living in the Same Town... or on the Same Block: June Fletcher Reports on 'Granny Flats; In-laws Next Door and Big Brother Down The Street. Wall Street Journal - (Eastern ed.) Fri. ed., col. 2, Wl- Fletcher, J (2002, Dec 20) Abstract: Well, sometimes. At first, Jo Ann and John Wydra were delighted when his sister, Betty O'Connor, decided to move in next door to their Huntley, Ill., home. They even put her up for a couple of months, until she got settled. But then she started going through their messy closets and "straightening up" Mrs. Wydra's exuberant cottage -style garden (her own flowers are all lined up in neat rows). "She's a perfectionist; we're not," says Mrs. Wydra, whose husband is nowjoking about putting in an electric fence. All this togetherness is a big change from the years when generations tended to move farther apart. But with the nation's retired population growing sharply, more older parents started moving into the same neighborhood as the kids. Now these multigenerational communities me moving to a new level as more families pull together in slow times. Tentative List of Contacts The Department is in the process of creating a list of organizations and local governments to assist in the implementation of Chapter 1062. The following list consists of a few local governments that have adopted second unit ordinance to meet the intent of Chapter 1062, including submittal to the Department. If you have any suggestions for potential organization or local governments to be added, please contact Paul Mc Dougall at (916) 322-7995. City of Claremont City of Healdsburg City of Livermore City of Pleasanton Sacramento County Town of San Anselmo City of Santa Ana City of Santa Rosa City of Santee City of Saratoga City of Larkspur State 91M— Diwion ofyrounng PoGry 0ere6pwvt 18 Jdy 2003