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HomeMy WebLinkAboutOrd. No. 2003-1101 .~ ORDINANCE NO 1101 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 17.17 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SECOND DWELLING UNITS AND AMENDING CHAPTERS 17.19, 17.20, 17.22 AND 17.23 OF THE LAKE ELSINORE MUNICIPAL CODE TO BE CONSISTENT THEREWITH WHEREAS, Chapter 17.17 of the Lake Elsinore Municipal Code establishes procedures for obtaining a permit to construct a second dwelling unit in the City of Lake Elsinore; and WHEREAS, the City of Lake Elsinore would like to amend and restate Chapter 17.17 of the Lake Elsinore Municipal Code to conform with recent changes in state law and to establish . additional regulations with respect to the construction of second dwelling units; and WHEREAS, accordingly, it is the purpose and intent of the City Council of the City of Lake Elsinore to amend and restate Chapter 17.17 of the Lake Elsinore Municipal Code as set forth herein; and WHEREAS, to be consistent with the foregoing, it is the purpose and intent of the City Council of the City of Lake Elsinore to amend Chapters 17.19, 17.20, 17.22 and 17.23 of the Lake Elsinore Municipal Code as set forth herein. NOW THEREFORE, THE CrfY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 17.17 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety, as follows: Section 17.17.010 Purpose. The intent of this chapter is to expand the mix of housing opportunities within the City by permitting the development of second units as an accessory use to existing single-family detached dwellings while providing criteria to assure they are maintained as a harmonious and integral aspect ofthe single-family neighborhood. Section 17.17.020 Definition. For the purposes of this chapter, second unit means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. A second unit 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 an efficiency unit, as defined in Section 17958.1 of the California Health & Safety Code. Section 17.17.030 General provIsions. A single second unit shall be permitted subject to issuance of a permit pursuant to the provisions of this Chapter 17.17 on any residentially zoned parcel which meets the following standards: Second Unit-AB 1866 Ordinance.doc 7/8/2003 - A. The lot is an existing legal subdivided lot which complies with the current minimum lot requirements for the zoning district. B. The lot contains only one (1) existing single-family detached dwelling which complies with the current development standards for the zoning district or is found legally nonconforming. C. The lot contains no other second unit. D. The lot provides for sufficient parking to meet the current parking requirements for the existing single-family detached unit on the lot. @ The existing single family unit shall be occupied by the record owner of the parcel. Section 17.17.040 Preinspection. Prior to application for a second unit permit, an applicant shall request an inspection of the property by representatives of the Department of Community Development to determine the property's compliance with the City's building and zoning codes. The inspectors shall file a written report indicating compliance or, if the property and structures are not in compliance, the nature of any violations. The application for a permit for a second unit shall include a final report of the inspector stating that corrections have been completed prior to issuance of a permit for the second unit. Section 17.17.050 Application. Following the required preinspection, the applicant shall submit a permit application for second unit in accordance with submittal requirements on file with the Planning Division which shall include, but not be limited to, the following: - A. Name and address ofthe applicant. B. Statement that the applicant is the owner and occupant of the property on which the second unit is proposed to be located. C. Address and legal description of the property (Assessor's Parcel Number). D. Floor plans and a site plan, fully dimensioned, indicating the type, use and location of all rooms, buildings, structures, parking, and landscape areas of the existing single-family unit and the proposed second unit. E. Building elevation plans of sufficient detail to indicate the architectural style, type and color of materials of the existing single-family unit and type and color of materials to be employed for the proposed second unit. F. A restrictive covenant in such form as may be required by the City, signed by the record owner, which will be recorded against the property. The restrictive covenant shall require that at all times either the single-family unit or the second unit be owner-occupied and shall prohibit rental of both units at the same time. It shall further provide that the second unit shall not be sold, or title thereto transferred, separate and apart from the entire parcel. The restrictive covenant shall further require that the City be notified of the sale or transfer of the property upon the close of escrow or on or prior to the effective date of transfer if no escrow is used. Second Unit-AB 1866 Ordinance.doc -2- 7/8/2003 G. A copy ofthe written report detailing the results of the preinspection. H. Payment of all applicable permit, development impact and other fees applicable to the construction and occupancy of the second unit. Section 17.17.060 Fee. The request for preinspection and the application for a second unit permit shall be accompanied by a fee established by resolution of the City Council to cover all costs to the City. Section 17.17.070 Standards. In determining whether or not a permit to construct a second dwelling unit should be issued, the Director of Community Development or his or her designee shall make the following findings: A. The permit application is complete and complies with the requirements of Section 17.17.050. B. Except as provided elsewhere in this chapter, the proposed second unit shall comply with all of the development standards for new single-family detached dwelling units as specified for the base zoning district in which it is located, including, but not limited to, set-backs, height limitations, and maximum lot coverage. C. The requirements of Section 17.17.030 shall be met. D. The requirements for a preinspection report pursuant to Section 17.17.040 shall be met. E. The following standards shall also apply: 1. The total floor area of the second unit shall comply with the following: ;J. (a) The minimum total floor area shall be 400 square feet for an efficiency unit and 550 square feet for a one-bedroom or two-bedroom unit. (b) The maximum total floor area shall be as follows: (i) Attached second units shall not exceed thirty percent (30%) of the main dwelling unit living area or one thousand (1,000) square feet, whichever is less; provided that if the main dwelling unit is one thousand, three hundred thirty four (1,334) square feet or less in size, one (1) four hundred (400) square foot efficiency unit shall be permitted. (ii) Detached second units shall not exceed fifty percent (50%) of the existing main dwelling unit living area or one thousand two hundred (1,200) square feet, whichever is less. (c) The second unit shall contain no more than two (2) bedrooms. 2. The second unit shall conform to the following design standards: Second Unit-AB 1866 Ordinance.doc - 3 - 7/8/2003 (a) The design, color, material, and texture ofthe roof shall be the same as the main dwelling unit; (b) The color, material and texture of all building walls shall be the same as the main dwelling unit; and (c) The architectural style of the second unit shall be the same as the main dwelling unit. 3. One (1) off-street enclosed parking space per bedroom in the second unit shall be provided in addition to that required for the existing single family unit. This space shall not be located within the required setbacks or through tandem parking. 4. There shall not be more than one exterior entrance on the front or on any street side of the building and no exterior stairway shall be located on the front of the building. 5. The main dwelling unit shall continue to comply with the minimum standards applicable to a single-family detached dwelling unit in the zoning district even with the development of a second unit, including but not limited to maximum lot coverage and minimum floor area criteria. Section 17.17.080 Compliance with general plan. A second unit which conforms to the standards of this Chapter 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 designation for the lot. Section 17.17.090 Filing of annual statement. On or before April 1 of each year after a second unit permit is issued pursuant to this Chapter, the owner of the property shall file with the City a Certificate of Owner Occupancy and Compliance with Covenants, in such form as is prescribed by the City. SECTION 2: amended as follows: That Chapter 17.19 of the Lake Elsinore Municipal Code is hereby Paragraph Q of Section 17.19.030 is deleted. SECTION 3: amended as follows: That Chapter 17.20 of the Lake Elsinore Municipal Code is hereby Paragraph B of Section 17.20.030 is deleted. SECTION 4: amended as follows: That Chapter 17.22 of the Lake Elsinore Municipal Code is hereby Paragraph B of Section 17.22.030 is deleted. Second Unit-AB 1866 Ordinance.doc -4- 7/812003 SECTION 5: amended as follows: That Chapter 17.23 of the Lake Elsinore Municipal Code is hereby Paragraph C of Section 17.23.030 is deleted. SECTION 6: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7: NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 8: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 9thdayof July following roll call vote: , 2003, by the NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this R day of J u 1 y the following roll call vote: , 2003, by AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Second Unit-AB 1866 Ordinance.doc -5- 7/8/2003 ATT-EST: - 2LL~ Vicki Kasad, City Clerk APPROVED AS TO FORM: Second Unit-AB 1866 Ordinance.doc - 6- - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of July, 2003; and approved upon second reading by title only on the 220d day of July, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - 0~B. S.TAI1JN..: COUNCILMEMBERS: .-.:(\ " .~ -VI:CKI KASAD, CI-TY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1101 of said Council, and that the same has not been amended or repealed. ~{E~/iZJ03 ~~SAD, CITY CLERK crry OF LAKE ELSINORE (SEALj