.c 1 1 1 ORDINANCE NO. - AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 1 (ZONING), ARTICLE III (DISTRICTS AND DISTRICT REGULATIONS), DIVISION (R-, R-, R-., R-, R-, R-1, R-, R-, R-0 SINGLE- FAMILY RESIDENTIAL DISTRICTS), SECTION 1- (SECONDARY LIVING UNITS) TO AMEND CRITERIA AND APPROVAL PROCEDURES THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS: Section 1. The City Council makes the following findings and determinations regarding the Municipal Code Amendment (MC -00) to Concord Municipal Code, Chapter 1 (Zoning), Article III (Districts and District Regulations), Division (R-, R-, R-., R-, R-, R-1, R-, R-, R-0 Single-Family Residential Districts), Section 1-, pertaining to secondary living units: a) Under the proposed Municipal Code Amendment (the Amendment ), current provisions for the ministerial approval of secondary living units up to 0 square feet and one bedroom in size will remain, and therefore the Amendment complies with requirements under California Government Code Section. for the ministerial approval of secondary living units. b) The proposed Amendment regulates the construction of secondary living units and implements the provisions of California Government Code Section., and is thus Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA, codified at Public Resources Code Sections 000, et seq) pursuant to Public Resources Code Section 00., as well as exempt under California Code of Regulations 01(b)(), as it has no potential to cause a significant effect on the environment. c) The Amendment is consistent with General Plan housing policies in that: (i) the Amendment encourages the construction of affordable secondary living units by giving owners of eligible properties who might otherwise forego a second unit because of current size restrictions the ability to construct larger units; and (ii) allowing two-bedroom second units provides affordable housing to a wider range of households including small families, extended family members, and seniors with live-in caretakers. d) The Amendment is consistent with General Plan policies related to residential development and preservation of neighborhood character by requiring larger second units meet Ord No - 1
certain standards to minimize their impact on neighboring properties, including requirements for covered parking, design standards to ensure the second unit is subordinate to the principal dwelling unit, and public review. Section. Concord Municipal Code, Chapter 1 (Zoning), Article III (Districts and District Regulations), Division (R-, R-, R-., R-, R-, R-1, R-, R-, R-0 Single-Family Residential Districts), Section 1- (Secondary Living Units), subsection 1-(c) is hereby amended to read as follows: (c) Definition and criteria. (1) Definition. A secondary living unit is an additional dwelling unit on a 1 1 single-family lot which has kitchen, sleeping, and full bathroom facilities. () Criteria. a. Location on lot. The secondary living unit must be located within the area of the lot allowed for principal dwellings by the Zoning Ordinance. The unit may be established through: (1) conversion of existing floorspace in a single-family structure; () an addition to an existing singlefamily structure; () conversion of an existing accessory structure, provided it is located within the area allowed for principal dwellings; and () the construction of a new accessory structure located behind the principal dwelling and within the area allowed for principal dwellings. b. Occupancy. Both units shall be occupied as separate singlefamily dwellings only if the legal owner occupies one of the units; otherwise the two units shall be occupied as if they were one single-family dwelling. Nothing in this section prohibits one or both of the dwelling units remaining vacant. The city shall require recordation of a deed restriction setting forth this occupancy requirement. c. Size. 1. On a lot less than 1,000 square feet in net area, the total floor area of the secondary living unit shall be no less than square Ord. No. -
1 1 feet nor more than 0 square feet. The secondary living unit shall have no more than one bedroom.. On a lot 1,000 square feet or greater in net area, the total floor area of the secondary living unit shall be no less than square feet nor more than 1,000 square feet, exclusive of the carport or garage. The secondary living unit shall have no more than two bedrooms.. No more than percent of the existing floor area of a principal residence may be converted into a secondary living unit. This percent limitation applies only to conversions which take place within existing principal units. d. Design. 1. The unit shall be clearly subordinate to the principal single-family dwelling unit on the parcel by design, location, and appearance.. The exterior appearance and character shall reflect the existing principal dwelling in architectural style, materials, and color.. Outside stairways leading to a second story secondary living unit shall not be in the front of the principal dwelling or in an exterior side yard if visible from the public right-of-way. Access to a first story unit by stairs or ADA accessible ramp may be permitted in the front of the principal dwelling.. A secondary living unit attached to the principal dwelling shall not have a separate entrance located on the same side as the entrance for the principal dwelling.. A detached secondary living unit exceeding 0 square feet shall be located behind the principal dwelling and substantially screened from view on adjoining streets by landscaping and/or fencing. Ord. No. -
1 1. The unit shall meet the provisions of section 1-0(a) of this division. e. Compliance with city ordinances. The unit must meet all provisions of this Code, including setbacks, lot coverage, and height regulations. The principal structure and secondary unit shall abide by the provisions of the parking regulations with the following modification: 1. One-bedroom secondary units must be provided with one off-street parking space on the subject site; it may be an uncovered space or a tandem space, and it may be located in the front yard setback if contained within the space of an existing paved driveway. If the subject site only has a single-car garage serviced by a single-car driveway (1 foot width), the driveway pavement may be widened up to an additional nine () feet, to provide one parking space for the secondary living unit.. Two-bedroom secondary units must be provided with two off-street parking spaces at least one of which must be a covered space. The covered space may be located in a carport or garage that provides the covered parking required for both the principal unit and secondary living unit. Uncovered parking may be a tandem space and located in the front yard setback if contained within the space of an existing paved driveway.. The parking space(s) required for a secondary living unit is in addition to the required off-street parking for the principal dwelling unit. f. Subdivision. No subdivision of land nor air rights shall be allowed. g. Applicability. This section applies to any parcel that contains or will contain a single-family dwelling. A secondary living unit may be approved Ord. No. -
at the time of approval of a new single family dwelling with the requirement that a deed restriction be recorded in accordance with Section 1-(c)()b, Occupancy, prior to occupancy approval for the principal single family dwelling, which shall occur prior to occupancy of the secondary living unit. Section. Concord Municipal Code, Chapter 1 (Zoning), Article III (Districts and District Regulations), Division (R-, R-, R-., R-, R-, R-1, R-, R-, R-0 Single-Family Residential Districts), Section 1- (Secondary Living Units), subsection 1-(d) is hereby amended to read as follows: (d) Application for permit, approval procedures. Secondary living units meeting 1 1 the requirements of this section may be approved by the following procedure: (1) A secondary living unit that does not exceed 0 square feet or one bedroom requires an administrative approval pursuant to Section 1-(a). A secondary living unit exceeding 0 square feet or containing two bedrooms requires Zoning Administrator permit approval pursuant to Section 1-(b). Secondary living units constructed without benefit of permit prior to adoption of this section must obtain an approval pursuant to the applicable provision under Section 1- to be a legal use. () Prior to granting an administrative approval or Zoning Administrator permit for a secondary living unit, the application must comply with all applicable provisions contained within Section 1-. () If an administrative approval is denied, an appeal may be filed with the Planning Division, in writing, within ten calendar days of the action. A fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services shall accompany the appeal. The Planning Manager shall review the application to determine if it is in compliance with all of the criteria contained in Section 1- and shall make a decision on the appeal. The Planning Manager's decision shall be final and no further appeals may be made. () Any person aggrieved or dissatisfied with the action taken by the Zoning Administrator on a secondary living unit may appeal such action pursuant to Ord. No. -
1 1 section 1- of this Code. Such appeal shall be in writing and filed with the Planning Division within ten calendar days of the action. The appeal shall be accompanied by a fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing on the appeal shall be given as required by section 1-(b) of this Code. Section. This Ordinance No. - shall become effective thirty (0) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five () days prior to its adoption and within fifteen () days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney s Office shall be published once at least five () days prior to the date of adoption of this Ordinance and once within fifteen () days after its passage and adoption, including the vote of the Councilmembers, in the Contra Costa Times, a newspaper of general circulation in the City of Concord. Laura Hoffmeister Mayor ATTEST: Mary Rae Lehman, CMC City Clerk (Seal) Ord. No. -
Ordinance No. - was duly and regularly introduced at a regular joint meeting of the City Council and Redevelopment Agency held on November 1,, and was thereafter duly and regularly passed and adopted at a regular joint meeting of the City Council and Redevelopment Agency held on December,, by the following vote: AYES: Councilmembers - NOES: Councilmembers - ABSTAIN: Councilmembers - ABSENT: Councilmembers - I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California. 1 1 Mary Rae Lehman, CMC City Clerk Ord. No. -