City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: December 9, 2003

Subject/Title: Introduce and waive the first reading of an ordinance amending the secondary housing unit ordinance to establish criteria in compliance with recent state legislation.
Submitted by: Community Development (Oshinsky/Leana/Hill)

Approved by: John Stevenson, City Manager

RECOMMENDATION
The Planning Commission recommends that Council introduce and waive the first reading of an ordinance approving an amendment to the secondary housing unit ordinance to establish criteria in compliance with recent state legislation.

PREVIOUS ACTION
The City Council adopted its existing second unit ordinance in 1978 via Ordinance 408.

BACKGROUND
In October of 2002, the State Legislature passed and the Governor signed into law Assembly Bill 1866. This new law requires that applications for the construction of all secondary housing units in all California cities be either approved or disapproved ministerially without discretionary review or public hearing. The City’s existing secondary housing unit ordinance requires that these units go through a discretionary Conditional Use Permit process for processing. In order to bring our ordinance into compliance with this new legislation, an amendment to our existing secondary housing unit ordinance is required.

ANALYSIS
Assembly Bill 1866 dictates that every local agency shall permit a second unit as long as it 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 multi-family use.
(C) The lot contains an existing single-family dwelling.
(D) The second unit is either attached to the existing dwelling, 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.

Additionally, cities may by ordinance provide specific criteria for the creation of second units including the following:

(A) Designate areas within the jurisdiction where second units may be permitted.
(B) Impose standards including, but not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impact on properties listed as Historic Places.

The modifications made to the secondary housing unit ordinance were intended to comply with State law and at the same time serve to protect the integrity and homogeneity of Brentwood residential neighborhoods. It should be noted that a review of department records showed only one application for a secondary housing unit being processed in the last 10 years.

Applications for secondary housing units which do not comply with Sections A and B of the proposed ordinance in regard to general requirements and site development and design criteria would require action by the Planning Commission through the conditional use permit process.

The proposed ordinance was brought before the City Council Housing Committee for review on September 25, 2003, and the Planning Commission on October 7, 2003, with recommendations for approval by the City Council.

FISCAL IMPACT
None. The amendment of this section of the zoning ordinance in itself will not create a fiscal impact. Second unit construction will result in the collection of additional developer fees.

Attachment:
Revised Secondary Housing Unit Ordinance
Existing Secondary Housing Unit Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE SECONDARY HOUSING UNIT ORDINANCE TO ESTABLISH CRITERIA IN COMPLIANCE WITH STATE LAW.

WHEREAS, the City of Brentwood has initiated an amendment to the Secondary Housing Unit Ordinance in order to comply with State law; and

WHEREAS, project information was referred to pertinent departments for review and recommendations; and

WHEREAS, a Notice of Exemption has been prepared for this project as projects of this type are statutorily exempt from the requirements of CEQA; therefore, no additional environmental documentation is necessary; and

WHEREAS, this project was reviewed by the RGMP/Housing Subcommittee on September 25, 2003, who reacted favorably towards it; and

WHEREAS, on October 7, 2003, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 03-77 which recommended the approval of the ordinance amendment; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on November 28, 2003, according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment on December 9, 2003, for the purpose of reviewing the ordinance amendment, considering the Planning Commission's action, and considering all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

1. The proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

2. The proposed zoning amendment is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

3. A Notice of Exemption has been prepared for this project as projects of this type are categorically exempt from the requirements of CEQA .

4. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant adverse effect on the environment.

5. This zoning amendment will result in the establishment of criteria for secondary housing units that will comply with State law; and

6. This zoning amendment will result in the establishment of criteria for secondary housing units that will uphold the integrity of existing residential neighborhoods within the City of Brentwood.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

A, Directs staff to file the Notice of Exemption with the County Clerk.

B. Directs staff to return to Council with a resolution adopting development impact fees for secondary housing units.

Section 2.

A. Approves the zoning amendment establishing new criteria for the development of secondary housing units in accordance with State law.

B. Deletes existing Chapter 17.100.005 of the Brentwood Municipal Code and replaces it with a new Chapter 17.100.005 providing new criteria for the development of secondary housing units as reflected in Exhibit “A”, which is attached to and hereby made a part of this ordinance.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing in the Brentwood Press a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 4. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 9th day of December, 2003, and adopted at a regular meeting of Brentwood City Council on the ____ day of __________, 2004, by the following vote:

EXHIBIT “A”
TO CITY COUNCIL ORDINANCE

17.100.005 SECONDARY HOUSING UNITS:

A Secondary Housing Unit, which is an additional dwelling unit constructed or adapted within, onto, or detached from a dwelling unit on a single-family or multi-family residential lot, is ministerially permitted subject to the requirements, standards and criteria established by the City of Brentwood including, but not limited to, all of the following:

A. General Requirements for all Secondary Housing Units:

1. A Secondary Housing Unit may be permitted subject to the filing of an application for a secondary housing unit with the City of Brentwood Community Development Department and payment of the fees currently in effect for secondary units at the time the application is deemed complete.

2. The lot is zoned for residential use and is improved with a single-family dwelling unit.

3. A Secondary Housing Unit shall be permitted only on parcels meeting the minimum requirements of the specific zone for minimum lot area.

4. The lot on which the Secondary Housing Unit is to be placed shall not be subdivided and neither unit can be sold independently of the other. The City shall require recordation of a deed restriction setting forth this subdivision limitation.

5. The lot on which the Secondary Housing Unit is to be placed must front a public street.

6. The lot on which a Secondary Housing Unit is to be placed must be able to provide adequate sewer and water services for both the existing primary dwelling unit and the Secondary Housing Unit as determined by the City Engineer. Approval by the Contra Costa County Health Department shall be required if a private sewage disposal system or well system is being used.

7. The Secondary Housing Unit must not be intended for sale and may be rented only if the owner of the property resides in either the primary dwelling unit or the Secondary Housing Unit. The City shall require recordation of a deed restriction setting forth this occupancy requirement.

8. The Secondary Housing Unit shall be occupied by no more than 2 adults and their children.

9. There shall be no more than one (1) Secondary Housing Unit per legal parcel.

B. Site development and design criteria for all Secondary Housing Units:

1. The Secondary Housing Unit shall be designed in accordance with the criteria set forth in Chapter 17.820 (Design and Site Development Review) to ensure compatibility with, and minimal impact upon, the surrounding neighborhood, as determined by the City Zoning Administrator. Detached Secondary Housing Units should be carefully designed and sited to the rear of the primary dwelling unit to ensure the neighborhood character will not be negatively impacted. The Secondary Housing Unit shall be clearly subordinate to the primary dwelling unit on the parcel by size, location, and appearance and shall be constructed with materials and exterior finish consistent with the primary unit.

2. The Secondary Housing Unit can have no more than 2 bedrooms.

3. In the event that the primary unit, or other accessory buildings and/or structures located on the lot, is in disrepair or substandard to current code requirements, approval of the Secondary Housing Unit may be contingent upon specific requirements for building code compliance of existing buildings and/or structures on the site.

4. One (1) additional standard size, covered or uncovered, off-street parking space per Secondary Housing Unit shall be provided over and above the requirements for the existing primary dwelling unit. The required parking space(s) shall be in compliance with the City’s parking ordinance (Section 17.620.07).

5. The Secondary Housing Unit shall have a permanent foundation.

6. The Secondary Housing Unit must comply with all building and fire department code requirements.

7. A detached Secondary Housing Unit must have separate utility hook-ups from the primary dwelling unit, including but not limited to, sewer, water, cable, telephone, gas and electric services, except for County Health Department approved septic systems.

8. Secondary Housing Units, as well as any appurtenant structures thereto such as carports or garages, shall meet all setback and height restrictions of the zoning district in which it is to be located, however, in no event shall any detached Secondary Housing Unit exceed a maximum height of fifteen (15) feet, nor be located any closer than five (5) feet to any property line.

9. Secondary Housing Units may either be attached to the existing dwelling, located within the living area of the existing dwelling, or detached from the existing dwelling.

10. The floor area of an attached Secondary Housing Unit shall not exceed thirty (30) percent of the existing living area of the primary unit.

11. The total floor area for a detached Secondary Housing Unit is based on lot size and shall not exceed the following dimensions, but in any event shall not exceed thirty (30) percent of the primary dwelling unit floor area (excluding garages and carports):

Lot Size
Square Footage Secondary Unit
Maximum Square Footage
Less than 6,000 400
6,001 to 10,000 800
10,001 to 20,000 1000
20,001 and greater 1200

The above dimensions do not include area for garages or carports.

12. The total combined maximum lot coverage ratio for the existing dwelling and the Secondary Housing Unit and all accessory buildings located on the lot shall not exceed fifty percent (50%).

C. Any application for a Secondary Housing Unit not meeting all of the above requirements listed under Section 17.100.005(A) and (B) above may be considered for approval or denial by filing an application for a Conditional Use Permit.

D. Development Impact Fees for a Secondary Housing Unit shall be as outlined in the City of Brentwood’s Adopted Master Fee Program as amended from time to time by resolution.

 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov