Chapter 18.114
SECOND DWELLING UNITS*
Sections:
18.114.010 Purpose.
18.114.020 Second dwelling units.
18.114.030 Amnesty.
18.114.040 Permit process.
18.114.050 Revocation of approval.
18.114.060 Impaction policy.
18.114.070 Second dwelling unit survey.
*Prior ordinance history: Ord. 1121.
18.114.010 Purpose.
The purpose of this chapter is to allow for an increase in the supply of affordable housing in the City of San Carlos (the City), in conformance with the goals and policies of the Housing Element of the San Carlos General Plan, while maintaining the single-family character of neighborhoods in the City. (Ord. 1324 § 1 (part), 2003: Ord. 1314 § 1 (part), 2002)
18.114.020 Second dwelling units.
Where allowed by the zoning code in residential zoning districts, second dwelling units shall be approved with a permit issued by the Planning Director, provided the following standards are met:
A. The second dwelling unit is architecturally consistent with the single-family character of the neighborhood and aesthetically consistent with the existing structure.
B. The second dwelling unit is designed as a secondary use of the property and shall contain six hundred forty or less square feet of gross floor area.
C. Either the primary dwelling unit or the second dwelling unit shall be owner-occupied. The property owner shall enter into a restrictive covenant with the City, which shall be recorded against the property. The restrictive covenant shall confirm that either the primary dwelling unit or the second dwelling unit shall be owner-occupied and prohibit rental of both units at the same time. It shall further provide that the second dwelling unit shall not be sold, or title thereto transferred separate and apart from the rest of the property.
D. The height, bulk, setback and coverage regulations established in the zoning code and all applicable development standards for residential development in the zoning district are met.
E. All construction, structural alterations or additions made to create a second dwelling unit shall comply with current building, fire and zoning code regulations.
F. In addition to parking required for the primary residence, one regulation size open on-site parking space (nontandem) per bedroom of the second dwelling unit shall be required. However, the Planning Director may grant an exception to allow off-site parking where the Planning Director finds that there are no significant parking impacts associated with adding to the on-street parking situation in the neighborhood. The Planning Director shall hold a public hearing before allowing an exception with notice to neighbors at least twenty days prior to the hearing and as provided for in San Carlos Municipal Code Section 18.124.050. The Planning Director’s decision on an exception shall be appealable to the Planning Commission as provided in Chapter 18.132. The Planning Director may attach conditions to the granting of the exception.
G. Emergency vehicles access, as certified by the Fire Marshall, to the property would not be impeded by the second dwelling unit.
H. In addition to all other requirements of the zoning district any detached second dwelling units shall be located a minimum of five feet from all side and rear property lines.
I. Garage conversions are not permitted, unless alternate covered parking is provided on site meeting current code.
J. Openings (including but not limited to windows and doors) for detached secondary dwelling units, which are located ten feet or less from a side or rear property line, shall be prohibited on walls facing side or rear property lines. However, the Planning Director may grant an exception to allow openings for detached secondary dwelling units, which are located ten feet or less from a side or rear property line, on walls facing side or rear property lines if, in his/her opinion, there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached secondary dwelling unit. The Planning Director shall hold a public hearing before allowing an exception with notice to neighbors at least twenty days prior to the hearing and as provided for in San Carlos Municipal Code Section 18.124.050. The Planning Director’s decision on an exception shall be appealable to the Planning Commission as provided in Chapter 18.132. The Planning Director may attach conditions to the granting of the exception.
K. A structure not used as a second dwelling unit prior to January 1, 2003, and converted to a second dwelling unit on or after that date shall be considered a new second dwelling unit and shall be required to meet current requirements of the Building Code and this section. (Ord. 1324 § 1 (part), 2003: Ord. 1314 § 1 (part), 2002)
18.114.030 Amnesty.
Record owners of second dwelling units constructed prior to January 1, 2003, who wish to legalize said units without penalty, may obtain a certificate of legalization from the Building Official by complying with the following:
A. Provide evidence to the satisfaction of the Building Official that the second dwelling unit was constructed prior to January 1, 2003.
B. Provide a plan of the unit showing it does not exceed the maximum size allowed by this chapter and is otherwise in conformance with the City’s zoning code.
C. Provide the Building Official a property inspection report for the second dwelling unit from a licensed contractor, or property inspector, which report shall be subject to Building Department verification and correction of any code violations noted.
D. Correct any health and safety defects in construction and comply with any codes in effect at the time of original construction of the second dwelling unit to the satisfaction of the Building Official.
E. Pay all required fees.
F. This amnesty shall not apply to garage conversions, unless alternate covered parking is provided on-site meeting current code.
G. Either the primary dwelling unit or the second dwelling unit shall be owner-occupied. The property owner shall enter into a restrictive covenant with the City which shall be recorded against the property. The restrictive covenant shall confirm that either the primary dwelling unit or the second dwelling unit shall be owner-occupied and prohibit rental of both at the same time. It shall further provide that the second dwelling unit shall not be sold, or title thereto transferred separate and apart from the rest of the property.
H. In addition to all other requirements of the zoning district, any detached second dwelling units shall be located a minimum of five feet from all side and rear property lines. However, the Planning Director may grant an exception if all requirements of San Carlos Municipal Code Section 18.116.125 (A)(7) are met or the structure has been determined to be legally nonconforming and if, in his/her opinion, there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached secondary dwelling unit. In no event shall any detached second dwelling unit be located closer than three feet from any property line. The Planning Director shall hold a public hearing before allowing an exception with notice to neighbors at least twenty days prior to the hearing and as provided for in San Carlos Municipal Code Section 18.124.050. The Planning Director’s decision on an exception shall be appealable to the Planning Commission as provided in Chapter 18.132. The Planning Director may attach conditions to the granting of the exception.
I. Openings (including but not limited to windows and doors) for detached secondary dwelling units, which are located ten feet or less from a side or rear property line, shall be prohibited on walls facing side or rear property lines. However, the Planning Director may grant an exception to allow openings for detached secondary dwelling units, which are located ten feet or less from a side or rear property line, on walls facing side or rear property lines if, in his/her opinion, there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached secondary dwelling unit. The Planning Director shall hold a public hearing before allowing an exception with notice to neighbors at least twenty days prior to the hearing and as provided for in San Carlos Municipal Code Section 18.124.050. The Planning Director’s decision on an exception shall be appealable to the Planning Commission as provided in Chapter 18.132. The Planning Director may attach conditions to the granting of the exception.
J. In addition to parking required for the primary residence, one regulation size open on-site parking space (nontandem) per bedroom of the second dwelling unit shall be required. However, the Planning Director may grant an exception to allow off-site parking where the Planning Director finds that there are no significant parking impacts associated with adding to the on-street parking situation in the neighborhood. The Planning Director shall hold a public hearing before allowing an exception, with notice to neighbors at least twenty days prior to the hearing and as provided for in San Carlos Municipal Code Section 18.124.050. The Planning Director’s decision on an exception shall be appealable to the Planning Commission as provided in Chapter 18.132. The Planning Director may attach conditions to the granting of the exception.
K. For purposes of this section, the time of construction for amnesty units shall mean the date the structure was initially used as a second dwelling unit. A structure not used as a second dwelling unit prior to January 1, 2003, and converted to a second dwelling unit on or after that date shall be considered a new second dwelling unit and shall be required to meet current requirements of the Building Code and Section 18.114.020 of this chapter. (Ord. 1324 § 1 (part), 2003: Ord. 1314 § 1 (part), 2002)
18.114.040 Permit process.
A. All proposed second dwelling units are subject to review for compliance with the terms of this chapter by the Planning Director. Property owners within a three-hundred-foot radius of the property for which a new second dwelling application is made shall be notified in writing of the proposed second dwelling unit application and shall be notified at least twenty days prior to consideration by the Planning Director.
B. In addition to the public noticing stated above, the property of a proposed second dwelling unit shall be posted with a notice of the application at or near the front property line. (Ord. 1314 § 1 (part), 2002)
18.114.050 Revocation of approval.
In addition to any other remedy provided by law, in the event a permitted second dwelling unit is maintained in violation of the standards in Section 18.114.020 or 18.114.030, or conditions of approval, or of any other requirements of this chapter, the Planning Director may, on ten days’ written notice to the property owner, bring a proceeding to revoke the second dwelling unit approval before the Planning Commission using the procedure in Section 18.124.090 of this code. (Ord. 1324 § 1 (part), 2003: Ord. 1314 § 1 (part), 2002)
18.114.060 Impaction policy.
No more than one second dwelling unit within a four-hundred-foot radius of another legal second dwelling unit is permitted measured from the nearest edge of the property line of each respective or proposed second dwelling unit. However, the Planning Director may grant an exception if he/she determines there are no significant parking, privacy, noise, visual or health and safety impacts associated with the proposed second dwelling unit. The Planning Director shall hold a public hearing before allowing an exception with notice to neighbors at least twenty days prior to the hearing and as provided for in San Carlos Municipal Code Section 18.124.050. The Planning Director’s decision on an exception shall be appealable to the Planning Commission as provided in Chapter 18.132. The Planning Director may attach conditions to the granting of the exception. (Ord. 1324 § 1 (part), 2003: Ord. 1314 § 1 (part), 2002)
18.114.070 Second dwelling unit survey.
One year after the effective date of this chapter, the Planning Director shall conduct a vacancy survey and report of second dwelling units within the City. (Ord. 1324 § 1 (part), 2003: Ord. 1314 § 1 (part), 2002)