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HomeMy WebLinkAboutOrdinance - 2472 - Amend Title 18 . . ORDINANCE NO. 2472 AN ORDINANCE OFTHE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.15 (ZONING EXCEPTIONS), SECTION 18.15.030 (STANDARDS FOR WHICH EXCEPTIONS MAY BE CONSIDERED); CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES), SECTION 18.43.140 (SECOND DWELLINGS) RELATED TO SECOND DWELLING UNITS. WHEREAS, the Planning Commission held a duly noticed public hearing pertaining to the attached amendments to the Redding Municipal Code Title 18, Zoning Ordinance, on October 26, 2010, and recommended that the City Council adopt said amendments; and WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first reading of this ordinance; and WHEREAS, adoption ofthe amendment is statutorily exempt from the provisions ofthe California Environmental Quality Act as set forth in Section 21080.17 of the Public Resources Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. Title 18, Chapter 18.15 (Zoning Exceptions), Section 18.15.030 (Standards for Which Exceptions May Be Considered) of the Redding Municipal Code is hereby amended to read as follows: Chapter 18.15.030, Standards for Which Exceptions May Be Considered [No change to Subsections A through PI. Q. Second Dwellings. Size Increase - The Director may authorize up to a 20 percent increase in the allowable size of a second dwelling provided that the Director determines that the exception is necessary to provide for the reasonable accommodation for one or more disabled persons who will reside in the second dwelling. Lot Size Reduction - The Director may authorize a second dwelling to be constructed on a lot less than 6,000 square feet in size, provided that the Director determines that the floor area will not exceed 500 square feet and that the occupancy of the second dwelling is intended solely to house one or more family members as defined by this Code. The second dwelling shall not be rented, and this stipulation shall be included in the deed restriction required by Subsection D. [Re-letter Subsections Q through U to R through VI. Section 2. Title 18, Chapter 18.43 (Standards for Specific Land Uses), Section 18.43.140 (Second Dwellings) of the Redding Municipal Code is hereby amended to read as follows: 1 . . 18.43.140 Second Dwellings A. Purpose and Applicability. The purpose ofthis section is to comply with the Government Code of the State of California pertaining to second dwellings as a means to increase the supply of smaller affordable housing and to recognize that energy-efficient second dwellings are more affordable to the occupants ofthe dwelling. This section establishes standards for the development of second-dwelling units to ensure that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in private Conditions, Covenants, and Restrictions (CC&Rs). Second dwellings are not required to meet the density requirements of the General Plan or Zoning Ordinance. Any application that meets the requirements of this section will be approved ministerially without a public hearing subject to meeting all applicable California Building Codes. B. [No Change] C. Development Standards. One second-dwelling permit will only be issued on a lot if it complies with the following development standards. Applications for a second dwelling shall include the following information to assist the Director in determining compliance with this section: (1) elevations for all building sides which show all openings, exterior finishes, roof pitch, and siding and roof materials for the existing residence and the proposed second dwelling and (2) color photographs of the site and adjacent properties taken from the proposed location of the second dwelling in the direction of all property lines. The photographs shall be clearly labeled to identify the location and direction of the photograph. 1. Location on Lot. A second dwelling unit may be attached or detached from the existing main dwelling unit. If detached, the second dwelling shall be separated from the main dwelling unit by a minimum of 10 feet and shall meet the setbacks required by this Code. If attached, the second dwelling must meet all building setbacks required of the main dwelling. 2. Lot Size. 6,000 square feet, with a minimum width of 60 feet, unless a zoning exception is approved or the lot was created as part of a planned development. 3. Unit Size. a. Detached Second Dwellings. Each lot meeting the requirements\ofthis section shall be entitled to one detached second dwelling, with at least 500 square feet of living area, although smaller second dwellings meeting the requirements of the California Building Code may be approved. Second dwellings larger than 500 square feet may be approved provided that the floor area does not exceed 30 percent ofthe living area of the main residence or 800 square feet, whichever is less. The maximum size of a detached second dwelling may be increased by up to 20 percent if it exceeds the minimum efficiency requirements established by the California Energy Code, but in no case shall it exceed 1,200 square feet. Said increases shall be on a one-to-one percentage basis. For example, a second dwelling that exceeds the California Energy Code efficiency requirements by 10 percent may increase its allowable floor area by up to 10 percent. 2 . . b. Attached Second Dwellings. The living area of an attached second dwelling shall not exceed 30 percent of the living area of the main residence. 4. Lot Coverage. Construction of the second dwelling shall not result in lot coverage in excess of that limited by Chapter 18.31. 5. Height. A detached second-dwelling unit shall not exceed two stories or a maximum height of 22 feet. 6. Architectural Compatibility. The second dwelling shall incorporate the same or similar architectural features, building materials, roof pitch, and colors as the main dwelling unit. Windows that face an adjoining residential property shall be designed/located to protect the privacy of neighbors; alternatively, fencing or landscape shall be required to provide screemng. 7. Off-Street Parking. One off-street parking space shall be provided for the second dwelling. Ifthe required parking space is located within a driveway, it shall not obstruct access to the covered parking spaces required for the main residence, but may be located within the front-yard setback immediately adjacent to the driveway and may be configured as a tandem space. 8. Utilities. Separate electric meters are required for each unit. Separate water and gas meters are allowed at the option of the property owner. D. [No Change to Subsections D and E]. F. Conversion of an Existing House to a Second Unit. In cases where an existing single-family residence is located on a parcel zoned "RE" or "RS," the Board of Administrative Review may approve by site development permit the construction of one additional residence, which is intended to be the primary residence on the property. The existing residence, which is intended to become the lawful second dwelling, must comply with all the requirements of this Code, including the second-dwelling size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other req:uirements of this Code. If the new primary residence exceeds the minimum efficiency requirements established by the California Energy Code, the allowable size of the second dwelling may exceed the unit size as established by subsection C.3. above. Said increases shall be on a one-to-one percentage basis. For example, if the new dwelling exceeds the California Energy Code efficiency requirements by 10 percent, the allowable floor area of the second dwelling may be increased by up to 10 percent. Section 3. The passage ofthis ordinance is statutorily exempt from the provisions ofthe California Environmental Quality Act as set forth in Section 21080.17 of the Public Resources Code. Section 4. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. 3 .~- J# e e I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 16th day of November, 2010; and was duly read and adopted at a regular meeting on the 7th day of December, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN : COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Attest: . . \.#' : " . , \. >' . , .." 1 " , .... "'_. , Bosetti, Dickerson, Jones, Sullivan, and McArthur None None None Form Approved: ~ ..-?/7.Ri?" RICHARDA. DUVE l\Y, City Attorney 4