Chapter 18.33
SECOND DWELLING UNITS

Sections:

18.33.010    Purpose.

18.33.020    Definitions.

18.33.030    Review and approval.

18.33.040    Standards for new second dwelling units.

18.33.050    Deed restrictions.

18.33.060    Incentives.

18.33.070    Requirements to legalize existing second dwelling units.

18.33.010 Purpose.

The purpose of this chapter is to:

A.    Increase the supply of smaller units and rental housing units by allowing second dwelling units to locate on lots which contain a single-family dwelling in the R-1, R-2, or R-3 districts within the city; and

B.    Establish standards for second dwelling units to ensure that they are compatible with existing neighborhoods.  (Ord. C-15-10 §1(Exh. A(part)), 2010:  1996 zoning code (part)).

18.33.020 Definitions.

A.    Floor Area.  “Floor area” of a second dwelling unit means the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, but shall not include unenclosed porches, balconies, or garages.

B.    Second Dwelling Unit.  The term “second dwelling unit” is defined in Section 18.02.040, Definitions.  (Ord. C-15-10 §1(Exh. A(part)), 2010:  1996 zoning code (part)).

18.33.030 Review and approval.

A.    Principally Permitted Use.  Second dwelling units are permitted in the residential districts and shall conform to the development standards set forth in Chapter 18.06, except as modified by Section 18.33.040.

B.    Review of Second Dwelling Units.  A second dwelling unit shall require an administrative coastal development permit, administrative site and design permit, and a building permit.  Such an administrative coastal development permit shall be processed as a “local coastal development permit” per Chapter 18.20 and Section 18.33.040 except that the community development director is the approval authority for the administrative coastal development permits and the approval and local appeal of administrative CDPs for second dwelling units shall not be subject to a public hearing.

C.    Variance.  A variance shall be required for any second unit which does not meet the development standards set forth in Chapter 18.06, as modified by this chapter, or which extend existing nonconforming conditions on the site.  (Ord. C-2015-04 §1(part), 2015; Ord. C-2014-10 §6(A), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010).

18.33.040 Standards for new second dwelling units.

New second dwelling units shall be subject to the same requirements as any single-family dwelling located on the same parcel in the same zoning district, including but not limited to the requirements of coastal development permits and general zoning provisions with the following differences:

A.    Existing Development on Lot.  A single-family dwelling exists on the lot or will be constructed in conjunction with the accessory unit.

B.    Minimum Lot Area per Dwelling Unit.  The minimum lot area per dwelling unit required by the applicable district shall not apply, provided the minimum building site requirements shall be met.

C.    Construction Within or Above Existing Buildings or Detached Accessory Buildings.  A second dwelling unit may be constructed within or above an existing building or detached accessory building.

D.    Occupancy.  The property owner must occupy either the primary or secondary dwelling unit.

E.    Required Off-Street Automobile Parking Spaces.  A minimum of one off-street parking space for the second dwelling unit, in addition to the spaces required for the primary residence, shall be provided.  All off-street parking spaces for the second dwelling unit may be uncovered but must be paved per the city’s parking ordinance, provided exceptions for off-street parking requirements shall be subject to the granting of an exception approved in accordance with this title.  Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon topographical conditions, fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

F.    Maximum Unit Size.  The floor area of the second dwelling unit shall not exceed seven hundred square feet.

G.    Minimum Unit Size.  The minimum floor area of the second dwelling unit shall be no less than one hundred fifty square feet or the minimum required for an efficiency dwelling unit as defined in Section 17958.1 of the Health and Safety Code, as may be amended from time to time.

H.    Setbacks for Detached Second Dwelling Units.  Detached second dwelling units shall have a minimum side setback of five feet and minimum rear setback of ten feet.  The distance between buildings on the same lot must be a minimum of six feet.  If any portion of a second dwelling unit is located in front of the main building, then the front and side yard setbacks shall be the same as a single-family dwelling in the zoning district.

I.    Setbacks for Attached Accessory Dwelling Units.  Attached accessory dwelling units shall meet the same setbacks as a main building in the zoning district.

J.    Building Height and Stories.

1.    A one story detached second dwelling unit shall be no more than thirteen feet in height.

2.    A one and one-half to two story detached second dwelling shall be no more than twenty-two feet in height measured to the roof peak.

3.    An attached second dwelling unit may occupy a first or second story of a main residence if it is designed as an integral part of the main residence and meets the setbacks and height requirements for the main residence.

K.    Adequate Public Services and Infrastructure.  Second dwelling units shall not be approved absent a finding of adequate water supply and wastewater treatment capacity.  The second dwelling unit can be accommodated with the existing water service and existing sewer lateral, insofar as evidence is provided that the existing water service and existing sewer lateral has adequate capacity to serve both the primary residence and second dwelling unit.

L.    Adequate Emergency Access.  The second dwelling unit shall have adequate emergency access, as determined by the fire district.

M.    Architectural and Site Design Standards.  Architectural and design standards are limited to the following:

1.    The design of the second dwelling unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch.

2.    For second dwelling units located outside the standard side and rear yard setbacks for the district, the entrance to the second dwelling unit shall face the interior of the lot unless the second dwelling unit is directly accessible from an alley or a public street.

3.    For second dwelling units attached to the main dwelling unit, new entrances and exits are allowed on the side and rear of the structures only.

4.    Windows which face an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening.

5.    The site plan shall provide open space and landscaping that are useful for both the second dwelling unit and the primary residence.  Landscaping shall provide for the privacy and screening of adjacent properties.

N.    Conversion of Existing Residence.  An existing residence, in conformance with the above regulations, may be converted to a second dwelling unit in conjunction with development of a new primary dwelling unit.

O.    Conformance with Certified LCP.  All new second dwelling units shall conform to all applicable requirements of the city of Half Moon Bay LCP/LUP, the zoning code and this chapter including that the proposed second dwelling unit will not adversely impact any coastal resources including any of the following:

1.    Environmentally sensitive habitat areas, or significant vegetation such as native trees, shrubs, riparian areas, wetlands, riparian or wetland buffers or visually prominent trees as designated on the Habitat Areas and Water Resources Overlay Map.

2.    Significant topographic features, including but not limited to steep slopes, ridgelines or bluffs, water courses, streams or wetlands or any areas as designated on the Geologic Hazards Map.

3.    Significant public views including old downtown, scenic hillsides or ocean views from Highway 1 as designated on the Visual Resources Overlay Map.

4.    Areas of public access to the coastal trail or beach areas including those as designated on the Access Improvements Map.

5.    Archaeological resources.

6.    Prime agricultural land or soil.  (Ord. C-2014-10 §6(B), 2014; Ord. C-15-10 §1(Exh. A(part)), 2010:  1996 zoning code (part).  Formerly 18.33.030).

18.33.050 Deed restrictions.

Before obtaining a building permit for a second dwelling unit the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:

A.    The second dwelling unit shall not be sold separately.

B.    The second dwelling unit is restricted to the approved size.

C.    The second dwelling unit is a permitted use only so long as either the main residence or the second dwelling unit is occupied by the owner of record as the principal residence.

D.    The above declarations are binding upon any successor in ownership of the property; lack of compliance will result in the second dwelling unit becoming an illegal, nonconforming use subject to the code enforcement and abatement proceedings established by the city of Half Moon Bay Municipal Code.

E.    The deed restrictions shall lapse upon removal of the second dwelling unit.  (Ord. C-15-10 §1(Exh. A(part)), 2010).

18.33.060 Incentives.

The following incentives are to encourage construction of second dwelling units:

A.    Affordability Requirements for Fee Deferral.  Second dwelling units proposed to be rented at affordable rents, as established by the city, may request deferral of building permit, plan check, and development impact fees, subject to the sole discretion and approval of the city, until issuance of a certificate of occupancy.

B.    Parking.  The covered parking requirement for the primary residence shall be limited to one covered parking space and one uncovered parking space if a secondary dwelling unit is provided.

C.    Front or Exterior Yard Parking.  Two uncovered parking spaces, one for the primary residence and one for the secondary dwelling unit, may be provided in the front or exterior yard setback under this incentive with the parking design subject to approval of the community development director.  The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application.  Not more than fifty percent of the front yard width shall be allowed to be parking area.

D.    Tandem Parking.  For a parcel with a permitted accessory dwelling unit, required parking spaces for the primary residence and the accessory dwelling unit may be provided in tandem on a driveway.  A tandem arrangement consists of one car behind the other.  No more than two total cars in tandem may be counted towards meeting the parking requirement.  (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010).

18.33.070 Requirements to legalize existing second dwelling units.

Within three hundred sixty-five days of the effective date of this chapter for a specified zoning district(s), the owner of each existing second dwelling unit constructed without required permits located in the specified zoning district(s), may apply to the city to legalize such second dwelling unit.  To qualify under this section, the second dwelling unit must have been constructed prior to the effective date of the ordinance codified in this chapter.

A.    Building Permit Application for Legalization.  The building permit application for legalization of a second dwelling unit shall be made by the record owner, or his authorized representative, in writing, and shall contain the information set forth in this section, and any other information as may be required by the building official:

1.    Name(s) and address(es) of the owner or owners and applicant;

2.    A property description (lot and block number, assessor’s parcel number, street address);

3.    A site plan showing streets, property lines (lot dimensions), setbacks, the location of the primary and second dwelling units and all other structures, and the location of all vehicular parking and drives;

4.    The floor area (square footage) of the second dwelling unit;

5.    The floor plan and elevations of all buildings on the property;

6.    Evidence of the date of establishment of the second dwelling unit, found acceptable by the community development director;

7.    The consent of the applicant to the physical inspection of the premises between the hours of eight-thirty a.m. to five o’clock p.m., weekdays, upon reasonable notice prior to the legalization of the second dwelling unit;

8.    Appropriate fees shall be paid.

B.    Required Findings for Certificate of Occupancy.  A certificate of occupancy for the second dwelling unit shall be issued; provided, the second dwelling unit meets the same requirements as a single-family dwelling located on the same parcel in the same zoning district, including but not limited to the requirements of B districts and general provisions with the following differences:

1.    Minimum Lot Area per Dwelling Unit.  The minimum lot area per dwelling unit required by the applicable district shall not apply.  The minimum building site requirements shall be met.

2.    Minimum Yards Required.  Reduction of the minimum yards required by the applicable district is permitted for a second dwelling unit subject to the granting of an exception approved in accordance with this title; provided, that the following findings are made:

a.    The second dwelling unit will not significantly impact adjacent properties adversely; and

b.    The proposed second dwelling unit is approved by the Half Moon Bay fire protection district.

3.    Required Off-Street Automobile Spaces.  There shall be provided a minimum of one off-street parking space for the second dwelling unit, in addition to the two covered spaces currently required for a one-family dwelling.  Off-street parking spaces for the second dwelling unit may be uncovered.

4.    Modification of Off-Street Parking Requirements.  Modification of the off-street parking requirements are permitted, subject to the granting of an exception approved in accordance with this title:

a.    To allow the required automobile spaces to encroach into the front yard when locating the parking behind the front yard setback poses practical difficulties or unusual hardship; or

b.    To reduce the number of parking spaces required when the granting of an exception in accordance with subsection (B)(4)(a) of this section would result in significant portions of the front yard being paved or landscaping removed.

5.    Building Code Compliance.  The building official has found the second dwelling unit to be in rentable condition.  A dwelling unit shall be deemed unrentable when it substantially lacks any of the following:

a.    Effective waterproofing and weather protection of roof and exterior walls, and sound windows and doors in particular;

b.    Plumbing facilities which conformed to applicable law in effect at the time of installation, maintained in good working order;

c.    A water supply approved under applicable law, capable of producing hot and cold running water, or a system which is under control of the landlord, or owner, which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law;

d.    Heating facilities which conformed to applicable law at the time of installation, maintained in good working order;

e.    Sufficient electrical lighting, with wiring and electrical equipment which conformed to applicable law at the time of installation and maintained in good working order;

f.    Building, grounds and appurtenances, clean, sanitary and free in every part from all accumulation of debris, filth, rubbish, garbage, rodent and vermin;

g.    An adequate number of approved receptacles for garbage and rubbish, in clean condition and in good repair;

h.    Floors, required floor covering, stairway and railings maintained in good repair;

i.    One-hour fire protection between attached units;

j.    In addition, any other condition, as determined by the building official, to the extent that endangers the life, limb, health, property, safety or welfare of the public or occupants must be corrected per accepted standards.

6.    Exception Procedures.  Application for an exception to any development standards shall be made to the planning commission and an exception may be issued under the same procedures as that specified in this title for the granting of a variance, except that no public hearing be held thereon, and the findings need include only that the second dwelling unit as proposed is as nearly in compliance with the requirements set forth in this section as is reasonably possible.

7.    Noncompliance with Requirements.  Existing second dwelling units unable to meet requirements set forth in this chapter shall constitute a nuisance, subject to abatement at the direction of the building official.

8.    Filing Fees.  Architectural review applications and building permit applications for legalization of second dwelling units shall be accompanied by the standard application and building permit fees as set by resolution of the city council.  (Ord. C-2015-04 §1(part), 2015; Ord. C-15-10 §1(Exh. A(part)), 2010:  1996 zoning code (part).  Formerly 18.33.040).