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HomeMy WebLinkAbout1994-03-02; Planning Commission; ; ZCA 92-04 - SECOND DWELLING UNITS ZONE CODE AMENDMENTAPPLICATION COMPLETE DATE: JANUARY 10. 1922 srAFF PLANNER: a-nus DECERBO STAFF REPORT DATE: MARCH 2, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 92-04 -SECOND DWEIJ ING UNITS ZONE CODE AMENDMENT - Request for approval of a Negative Declaration and an amendment to various chapters and sections of the Carlsbad Municipal Code (Title 21) to: (1) add a definition for Second Dwelling Unit, (2) allow the development of Second Dwelling Units through administrative permit in the R-A, R-E, R-1, R-2 and R-3 zones and areas designated by a master plan for single-family detached dwellings in the P-C zones of the City, and (3) amend the requirements for the creation of Second Dwelling Units in the R-A, R-E, R-1, R-2 and R-3 zones and areas designated by a master plan for single-family detached dwellings in the P-C zones of the City. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3542 recommending APJJROV AL of the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution No. 3543 recommending APPROVAL of ZCA 92- 04, based on the findings contained therein, and recommending that the City Council direct staff to subsequently open up the six week public review period to amend the City's six Local Coastal Program segments accordingly. II. PllOJBCT DESCRIP'l]ON AND BACKGROUND California Government Code Sections 65852.1 and 65852.2 allow local governments to adopt an ordinance stating the conditions (standards and regulations) under which Second Dwelling Units would be permitted. In the absence of a local ordinance, the law establishes State criteria which, if met by a Second Dwelling Unit applican~ require the locality to grant a permit for the unit. Consistent with Section 65852.1 and 65852.2 of the California Government Code, the City of Carlsbad currently has an ordinance (Section 21.42.010(11) of the Carlsbad Municipal Code) which allows the development of Second ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE2 Dwelling Units within the R-A, R-E, R-1 and P-C zones, subject to specific conditions, and requiring the approval of a Conditional Use Permit. While the City's existing second dwelling unit ordinance does satisfy the basic requirements of Government Code Sections 65852.1 and 65852.2, the ordinance was clearly not set up with the objective of promoting or encouraging the development of second dwelling units. Specifically, the existing second dwelling unit zoning standards which require a minimum lot size of 7500 square feet, that one additional paved off-street parking space be provided outside of the required setback areas, that the second dwelling unit be attached to the primary residence, and limits the floor area to 350 square feet and the occupancy to two people, at least one aged 60 or more, does not provide sufficient flexibility or incentive to facilitate the development of second dwelling units. Under the existing ordinance, only one permitted second dwelling unit has been developed within the City. A Second Dwelling Unit is a residential unit which is located on the same lot as a primary dwelling unit. It provides complete, independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation. Second Dwelling Units are also referred to as "granny flats", "accessory apartments", or "in-law apartments". Housing Program 3.7.b (Alternative Housing) states that the City will examine the existing Second Dwelling Unit section of it's Municipal Code (Section 21.42.010(11) to explore means of better encouraging and facilitating the development of affordable Second Dwelling Units. Second Dwelling Units provide many benefits to a community which include: allowing persons who require companionship or non-specialized assistance (i.e.; the elderly or handicapped) to continue living independently in their homes; facilitating family ties between generations; making more efficient use of residentially zoned land; and enabling homeowners with declining or fixed incomes to supplement their income. However, Second Dwelling Units also offer an excellent means for achieving affordable housing without significantly impacting the character of predominantly single-family neighborhoods and communities. Potential concerns associated with the development of second dwelling units include: (1) The change in the character of single family neighborhoods, resulting from the over-concentration of second dwelling units; (2) An increase in parking and traffic problems; and (3) An overload on public facilities. • ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE3 These concerns, which have been addressed in the proposed ordinance revision, are discussed later in this report. The primary objective of promoting the development of Second Dwelling Units is the provision of an inexpensive affordable housing alternative. Second Dwelling Units are relatively inexpensive to develop (in comparison to conventional rental units) because they do not require additional land and infrastructure costs. Experience has demonstrated that Second Dwelling Units can provide affordable housing with little or no subsidy. Because of this, the second dwelling unit provides an affordable housing alternative which can be fully integrated into a market-rate development, and evenly distributed throughout the City. This affordable housing alternative will help the City to achieve it's lower-income housing objectives and could be extremely attractive to infill residential builders with limited inclusionary requirements (in-lieu fees or 1 or 2 affordable units). Consistent with Housing Program 3.7.b., this project is a Zone Code Amendment (ZCA 92- 04) to the Carlsbad Municipal Code (Title 21, Zoning) to: (1) add a definition of a Second Dwelling Unit, (2) amend the existing requirements for the creation of Second Dwelling Units and (3) to allow the development of Second Dwelling Units through administrative permit in the R-A, R-E, R-1, R-2, and R-3 zones and areas designated by a master plan for single-family detached dwellings in the P-C zones of the City. m. ANALYSIS Included below is an analysis of the major planning issues associated with each proposed revision to the City's Zoning Ordinance relating to the development of Second Dwelling Units. Reference can be made to Exhibit ''X" to review in detail all text revisions. Planning Issues 1) What is the definition of a Second Dwelling Unit? 2) What revisions to the City's Second Dwelling Unit requirements are recommended to encourage the development of Second Dwelling Units? 3) Can Second Dwelling Units be counted towards meeting the City's lower-income Regional Housing Needs? 4) Are Second Dwelling Units considered a dwelling unit under Growth Management? 5) [s the proposed Zone Code Amendment consistent with the General Plan? ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE4 Discussion Definition of Second Qwr)Hor Unit Although the term "Second Dwelling Unit" is included in Section 21.42.0lO(ll)(A) of the Carlsbad Municipal Code, it is currently undefined. Accordingly, this term and definition is proposed to be added to Chapter 21.04 (Definitions) of the Zoning Ordinance. As proposed, a "Second Dwelling Unit" is defined as a residential dwelling unit which is attached or detached from the primary dwelling unit on a lot and which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single.family or primary dwelling is situated. This definition is consistent with the "second dwelling unit" definition of State Law (Section 65852.2). Proposed Reyisions to Second Qwr11im; Unit Requirements Table "A" provides a summary of the City's existing Second Dwelling Unit requirements and revisions which are recommended to encourage/enable the development of affordable Second Dwelling Units. Each revision proposed is discussed below. Proc-emng~ Subsection 21.42.010(1 l)(A) currently allows the development of Second Dwelling Units subject to the approval of a Conditional Use Permit (CUP). The CUP requirement provides the City with considerable review authority regarding Second Dwelling Unit proposals. However, the CUP process, which requires a full public hearing, may discourage homeowners from pursuing CUP's for Second Dwelling Units within the City. This is evidenced by the fact that there exists only one legal Second Dwelling Unit in the City which has been approved through Conditional Use Permit. Additionally, the City's existing development standards do not encourage the development of second dwelling units. The City's Building Department does however estimate that there exists up to 100 other non- permitted accessory residential structures within the City which either exist as or could be converted to Second Dwelling Units. rn view of this emting situation, staff is recommending that Tide 21 be amended to allow Second Dwelling Units through administrative permit instead of Conditional Use Permit. This administrative permit process would provide the City with adequate oversight without unduly restricting the ability of homeowners to obtain permits. The proposed admir.istrative permit process for Second Dwelling Units would be very similar to the City's established procedures for Administrative Variances (Chapter 21.51 of the Carlsbad Municipal Code) and would: (1) provide a mechanism for creating new Second Dwelling Units subject to the approval of the Planning Director, and (2) require that adequate public notice (i.e.; direct mailing to property owners within 300 feet of the proposed Second Dwelling Unit) be given for any administrative permit for a Second Dwelling Unit. ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 5 Staff is also recommending that a new subsection (21.45.090(p)) be added to the Planned Unit Development Chapter of the Municipal Code to allow second dwelling units within single family planned unit developments (PUD's). Second dwelling units proposed within existing single family PUD's shall be required to process an amendment to the existing PUD. All second dwelling units approved within single family PUD's processed and approved on or after the effective date of this subsection, shall be required to either be approved as part of the PUD application, or shall be approved subsequently through amendment to the PUD application. In order to mitigate the concern regarding the change in character of single family neighborhoods associated with the over concentration of second dwelling units within these neighborhoods, a provision has been incorporated into the administrative permit section (21.10.020(c)(3)(M)) which requires the Planning Director to find that such use will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Permitted Zones. Subsection 21.42.010(11) currently allows the development of Second Dwelling Units within the R-A, R-E, R-1, and areas designated by a master plan for single-family detached dwellings in P-C zones. However, Section 65852.2(c) of State Law, relating to Local Second Unit Ordinances, specifies that no local agency shall adopt a Second Unit ordinance which totally precludes second units within single-family and multi-family zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare would result from allowing second units within single-family and multi-family zoned areas. [n order to comply with this provision of State Law, Title 21 is recommended to be amended to allow the development of Second Dwelling Units on lots withi? the R-2 and R-3 multi-family zones which are developed with detached single family residences. Minimum Lot Size. Subsection 21.42.010(1 l)(A)(2) currently stipulates that the minimum lot size required for the development of a Second Dwelling Unit is 7,500 square feet. [n order to enable Second Dwelling Units to be developed on smaller residential lots (i.e. small lot planned unit developments or undersized lots in the redevelopment area) it is recommended that the minimum lot size for the development of a Second Dwelling Unit must be the minimum lot size required by the zone. For small lot planned unit developments (PUD's), the minimum lot size would be the lots as approved in the original application for the project. The concem associated with the potential overdevelopment of smaller residential lots with Second Dwelling Units will be adequately mitigated by the overall requirement that Second Dwelling Units must comply with the height, setback, lot coverage and other development standards applicable to the underlying zone. ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE6 Attached or Delac:bed/Design. Subsection 21.42.010(1 l)(A)(lO) currently stipulates that a Second Dwelling Unit must be attached to the main single-family residence. To provide additional options for the development of Second Dwelling Units, this subsection is recommended to be amended to allow an attached or detached Second Dwelling Unit. However, an attached or detached Second Dwelling Unit must still meet the height, setback, lot coverage, and other development standards of the applicable residential zone and on sides adjacent to streets, maintain the appearance of a single family detached dwelling unit. Floor Area. Subsection 21.42.010(1 l)(A)(3) currently stipulates that a Second Dwelling Unit may add no more than 350 square feet of floor area to the main unit. For reference, the floor area of a typical two car garage is 400 square feet. A typical studio unit could be accommodated in 400 square feet. It is recommended that this maximum floor area standard be increased to 640 square feet. The objective of increasing the maximum permitted floor area to 640 square feet is to enable the development of 1 bedroom Second Dwelling Units. The flexibility to produce a larger Second Dwelling Unit (which would need to comply with all of the development standards of the applicable underlying zone) would provide additional housing opportunities to other special needs groups such as single parents with children. Parking. Subsection 21.42.010(1 l)(A)(S) currently requires one additional paved off-street (covered or uncovered) parking space per Second Dwelling Unit. This parking space is not permitted to be located within the front, rear or sideyard setback areas required of the underlying zone. This standard has effectively prohibited the development of legal second dwelling units upon most single family residential lots within the City. The revision proposed would allow the required Second Dwelling Unit parking space to be satisfied through tandem parking in the driveway of the primary residence, provided that the garage is setback a minimum of twenty feet from the front property line, or in the front yard setback. This parking alternative would enable the development of Second Dwelling Units within the City and provides an important economic incentive to homeowners pursuing the development of a Second Dwelling Unit. While this parking alternative may be unsightly, Second Dwelling Units would not create parking and traffic congestion problems any worse than what can occur in the legal circumstance of a large family with several can (more than 2) or a communal living arrangement in which three or more unrelated individuals share a house and each has a car. OccupmcyRes1ricdcms. Subsection 21.42.0lO(ll)(A)(ll) CWTendy stipulates that the occupancy of a Second Dwelling Unit is limited to two persons, at least one person of which is sixty yean of age or older. This provision is consistent with Section 65852.1 of State law. Clearly, the City's existing Second Dwelling Unit ordinance is primarily a "Granny' housing ordinance. To ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE 7 provide housing opportunities for others (including lower-income or handicapped households)t this subsection is recommended to be amended to delete any occupancy requirements. Staff is not recommending that the occupancy of Second Dwelling Units be limited exclusively to lower-income households because this requirement would restrict the ability of this product type to serve other special needs groups. Howevert the requirement that Second Dwelling Units not exceed 640 square feet in floor area and comply with the development standards of the underlying zone will effectively limit the ability to achieve more than one bedroom in a Second Dwelling Unit. Currently, the average monthly rental rate for a one bedroom apartment in Carlsbad would be affordable to a two-person low- income household. Garage Conversiom. Second Dwelling Units can be created by a number of different ways (i.e. adding a detached accessory structure, adding to an existing residential structure, or partitioning floor space within an existing structure). One of the most common and least expensive ways to create a Second Dwelling Unit is through the conversion of an existing garage. In fact, many of the existing non-permitted accessory residential units within the City are converted garages. With reference to this existing problem, a provision is recommended to be added to the proposed Second Dwelling Unit standards to prohibit garage conversions unless replacement garage parking is provided. Guest Living/ Accessory Living Quarters. A provision is recommended to be added to the Second Dwelling Unit standards to prohibit the development of Second Dwelling Units on a lot or parcel which has an existing guest or accessory living quarter or residential care facility. The intent of this provision is to ensure that residential lots cannot be developed with multiple accessory residential structures. Howevert an existing guest or accessory living quarter may be converted to a Second Dwelling Unit, subject to compliance with all Second Unit standards. Second PmJHnr Qgits ■ Lowa:-Inmrnc I:f9!ISPII, The City's Housing Element concludes that there exists a considerable demand for housing affordable to lower-income households. The City's Housing Element' specifies that the City's actual Regional Share need between July 1991 and June 1996 is 2,509 new lower- income units. As discussed earlier in this report, Second Dwelling Units are cost effective to produce and provide affordable housing with little or no subsidy. Discussions with the State Department of Housing and Community Development (HCD) confirmed that new Second Dwelling Units can be counted towards meeting the City's Regional share need for lower-income housing provided that: (1) the dwelling unit provides complete independent living facilities including provisions for living, sleeping, eating, cooking and sanitation, and ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGES (2) the City can demonstrate that the rent charged is affordable to lower-income households. The proposed definition of a Second Dwelling Unit would meet· the State criteria for a dwelling unit listed in (1) above. In addition, implementation of a proposed Rental Stock Monitoring Program (Program 1.4 of the Housing Element) by the City will provide the necessary rental rate information to enable a determination of unit affordability. Growth Management Program. California Government Code Section 65852.2 states that "a Second Dwelling Unit 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 designations for the lot. Second Dwelling Units shall also not be considered in the application of any local ordinance, policy or program to limit residential growth." Consistent with these provisions, Second Dwelling Units would be allowed to exceed the Growth Control Point of the applicable General Plan designation. In order to comply with the Citywide and quadrant dwelling unit caps under Proposition E, all Second Dwelling Units would have to come out of the City's excess unit bank. The requirement that adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available (Subsection 21.10.020(c)(3)(G)) should prevent any overburdening of facilities after a second unit is approved. Consistency with the General Plan. The Housing Element of the General Plan sets forth a goal, objective and program which are supported by the amendments of the Second Dwelling Unit section of the City's Zone Code, including the following: GOAL 3 -(Groups with Special Needs, Including Low and Moderate Income Households) Sufficient new, affordable housing opportunities in all quadrants of the City to meet the needs of groups, with special requirements, and, in particular, the needs of current lower and moderate income households and a fair share proportion of future lower and moderate income households. OBJECTIVE 3.7 • (Lower Income Development and Incentives) Provide incentives, housing type alternatives, and City initiated developments and programs for the assistance of lower-income households. PROGRAM 3.7.b • (Alternative Housing) Consider development standards for alternative housing types, such as hotels, managed living units, homeless shelters, and farm worker housing alternatives which would assist in meeting the City's share of housing for low ZCA 92-04 SECOND DWEWNG UNITS ZONE CODE AMENDMENT MARCH 2, 1994 PAGE9 and very low income households. Authorize alternative housing projects through a Conditional Use Permit or Special Use Permit. The City will also examine the existing Second Dwelling Unit Section of its Municipal Code (Section 21.42.010(1 l)(A)) to explore means of better encouraging and facilitating the development of affordable second units. Consistent with the intent of this goal, objective, and program, the proposed amendments to the Second Dwelling Unit section of the City's Municipal Code would: 1) provide for affordable housing opportunities for a wide variety of households, including, lower-income, handicapped and senior; 2) provide affordable housing incentives and alternatives; and 3) encourage and facilitate the development of Second Dwelling Units. rn that this zone code amendment implements this goal, objective and program of the City's Housing Element, it is consistent with the General Plan. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this zone code amendment, to modify the development standards and processing requirements for Second Dwelling Units, will not have a significant impact on the environment and therefore has issued a negative declaration. The environmental analysis concluded that since: (1) this zone code amendment is not associated with any specific development project; (2) will not directly result in any significant physical, biological, or human environmental impacts and (3) Second Dwelling Units are categorically exempt from CEQA pursuant to Sections 15302(a) and 15303 (a) of the CEQA guidelines, no project specific impacts are anticipated. There were no letters of comment received during the public review period for this Negative Declaration. ATIACHMENTS 1. Planning Commission Resolution No. 3542 2. Planning Commission Resolution No. 3543 3. Table "A" Summary of Second Dwelling Unit Revisions. CDD:lh AUGUST 17, 1993 l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • PLANNING COMMISSION RESOLUTION NO. 3542 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO MODIFY THE DEVELOPMENT STANDARDS AND PROCESSING REQUIREMENTS FOR SECOND DWELLING UNITS IN THE RESIDENTIAL ZONES OF THE CI1Y. CASE NAME: CASE NO: SECOND DWELLING UNITS ZONE CODE AMENDMENT ZCA 92-04 WHEREAS, the Planning Commission did on the 2nd day of March, 1994, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit "ND", dated August 19, 1993, and "PII", dated August 11, 1993, attached hereto and made a part hereof, based on the following findings: 1. • The initial study shows that there is no substantial evidence that the project may have a significant impact on the .environment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 • • PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of March, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PEGGY SAVARY, Chairperson CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER 16 PLANNING DIRECTOR 17 18 19 20 21 22 23 24 25 26 27 PC RESO NO. 3542 -2- 28 • • City of Carlsbad ■46ihei•ei•1•24·ihii,ei§hl NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Zone Code Amendment to be implemented Citywide. PROJECT DESCRIPTION: A Zone Code Amendment to modify the development standards and processing requirements for second dwelling units in the residential zones of the City. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Chris DeCerbo in the Planning Department at (619) 438-1161, extension 4445. DATED: CASE NO: CASE NAME: AUGUST 19, 1993 ZCA 92-04 SECOND DWELLING UNITS ZCA PUBLISH DATE: AUGUST 19, 1993 CDD:lh . ~k(Qz - Planning Director 2075 Las Palmas Oriya • Carlsbad, California 92009-1576 • (619) 438-1161 • • George Deukmejian, Governor John Geoghegan, Secretary of Business, Transportation and Housing State Department of Housin~ and Community Development Division of Housing Policy Development P. 0. Box 952053 Sacramento, CA 94252-2053 (916) 323-3180 December 1990 SECOND UNITS Second units, also referred to as "in-law apartments," "granny flats," or "accessory apartments," may offer an additional source of affordable housing to homeowners and the comm unity. .By promoting the development of second units, a community may ease a rental housing deficit, enable homeowners with declining incomes to supplement their incomes, and make more economical use of land and ex1strng infrastructure. Government Code Sections 65852.1 and 65852.2 encourage local governments to allow second units and contain provisions for the development of such units. A second unit is an attached or detached residential unit on the same lot as @ the primary unit. It provides complete, independent living facilities for one or morev persons, including permanent facilities for living, sleeping, eating, cooking, and sanitation. Second units can be created by partitioning floor space within an existing structure, by adding an accessory structure (either attached or detached), or by a combination of the two techniques. Second units can provide additional income to homeowners; allow persons who require companionship or non-specialized assistance to continue living independently in their homes; facilitate family ties between generations; reduce construction costs by utilizing existing infrastructure; make more efficient use ·of residentially zoned land; and provide low-cost rental housing. • • O'TIIBRRESOURCES: Accessory Apartments in Sinile-Family Housin~. Martin Gellen, Center for Urban Policy Research, 1985. Allowini Accessory Apartments, Key Issues for Local Officials. United States Department of Housing and Urban Development, October 1983. Creatin~ an Accessory Apartment, Patrick H. Hare and Jolene N. Ostler, McGraw Hill Book Company, 1987. Validity of Owner Occupancy Restrictions in Second Unit Ordinances, April 1984, Department of Housing and Community Development, (916) 445- 4728. Small Solutions: Second Units as Affordable Housing. an evaluation of the Double Unit Opportunity Program of the San Francisco Development Fund, 1988 (415) 863-7800. There is a $5.00 charge for this publication. CONTACTS; Department of Housing and Community Development, Housing Policy Development Division, (916) 323-3180. Kathy Kenny, Double Unit Opportunity Program, San Francisco Development Fund, (415) 863-7800 • • SECOND UNITS (Government Code Sections 65852.1-65852.2, as amended by AB 3529, Chapter 1150, Statutes of 1990) Legislation was enacted in 1981 to encourage local governments to allow second units on lots developed with single-family homes in single:-and multi-family zones. Government Code Section 65852. !. as amended by AB 3529, Chapter 1150, ~Slatutes of 1990, ~mpowers a local gover~o issue • • ance (notwithstanding Government Code Sectiono5906, regarding requirements for findings for a variance), special use permit, or conditional use J?ermit for the creation of attached· or detached second - units if they are intended for the occupancy of one or two persons 62 pr ·more years of a e and the floor area of an attached unit does no ed ,30 percent of the existing vmg area or t e area of the floor space....of the detached dwelling unit does not exceea-t;200 square feet. ,Qpyernment Code Section 65852.2 allows local governments to adopt an ~dinance stating the condition"s---under which second unit development will be permitted. State law prohibits local governments from totally precluding second uirlts unless an adopted ordinance acknowled es that sue action "may limit housing opportunities o t e region' and contains <findings specifying the adverse impacts that second units would have on the pu6lic;liealth, safety, and welfare. ~ absence of a local ordinance, the law establishes State criteria (Section 65852.2(b)) which, if met by a second unit applicant, require the locality to grant a special or conditional use permit. The following State en.Tuna would regulate such a unit: ■ A detached unit may have a floor area of up to 1,200 square feet. ■ The floor area of an attached unit may not exceed 30 percent of the living area of the primary unit. ■ The second unit is not intended for sale but may be rented. ■ The lot is in a single-family or multi-family residential zone and contains an existing single-family dwelling. i • • • ■ The second unit must comply with local building codes and development standards applicable to detached dwellings and local health codes related to units on private sewage systems. Following is a list of commonly asked questions, with answers, related to second unit law. Also included is a copy of the law and a list of jurisdictions witp second unit ordinances. 1. • • QUESTIONS AND ANSWERS -GOVERNMENT CODE SECTION 65852.1 -65852.2 Does this law mandate that a local government allow second units on land zoned for residential use? Yes. In the absence of a local second unit ordinance, an application meeting the State second unit criteria must be approved. However, a locality may adopt a local ordinance specifying local criteria for approval (Section 65852.2(a)(l-6)). A locality may prohibit second unit development only if the prohibiting ordinance acknowledges that such action may limit housing opportunities in the region and specifies the adverse impact second units would have upon public health, safety, and welfare (Section 65852.2(c)). 2. Could a local government permit the development of second units on land zoned single-family residential prior to the passage of the State law? Yes, a local government could permit the development of second units by right, conditional use permit, or special use permit. Section 65852.1 allows localities to also issue .a zoning variance for second unit development if the unit is intended for the sole occupancy of one or two persons who are 62 years of age or more, and the floor area of an attached unit does not exceed 30 percent of the existing living area or the floor area of a detached dwelling unit does not exceed 1,200 square feet. 3. Can a local government allow a second unit on residentially zoned land if the unit will not meet resident age limitations and square footage requirements contained in State law? Yes. Second units not meeting the criteria in State law can, by the inherent powers of local government, be allowed by right, conditional use permit, or special use ermit. State law spec1 1es a res1 ent age requirement only if a zoning variance is issued for second units in the absence of a local ordinance regulating second units (Section 65852.1). 4. May a locality deny a second unit application because the proposed unit is detached? Not unless a local adopted ordinance provides for such distinction (Section 65852.2(b)). 5. Can a manufactured home (mobilehome) be a second unit? Yes. Nothing in the State second unit law prohibits approval of manufactured homes as second units. In the absence of a local ordinance, 6. • • a second unit application cannot be denied simply because the second unit is a manufactured home. There are other State standards (Health and Safety Code Section 18551 and Government Code Section 65852.3) regulating the use of manufactured homes on permanent foundations. State law (Health and Safety Code Section 18300 and pursuant regulations) also regulates the installation of manufactured homes which are not on permanent foundations. If a local government approves by variance a second unit on a property owned by a person 62 years of age or older, can the owner move into the second unit and rent the existing house to another household? Yes. The statute (Section 65852.1) is silent on the subject of owner- occupancy in issuing variances for second unit development. The law does not mandate that an owner reside in either unit so long as at least one of the units is intended for occupancy by a resident, or residents, 62 years of age or older. 7. Where a locality has granted a variance for a second unit intended for a senior citizen, how may a local government enforce the age requirements of Government Code Section 65852.1? A local government may enforce the age requirement by evaluating compliance when a complaint is registered, or by requiring periodic certification of occupancy. 8. Can second units provide affordable housing? Yes. In enacting the second unit law, the Legislature declared that, by avoiding additional land and infrastructure costs, second units constitute cost-effective residential development. The Legislature further stated that second units provide "relatively affordable housing for low-and moderate-income households without public subsidy." Second units financed with second mortgages or refinanced first mortgages avoid more costly construction loans. 9. Can a second unit program help a local government meet State law housing and zoning requirements? Yes. To comply with State housing element law (Government Code Section 65580, et seq.), cities and counties must adopt programs which address the housing needs of all economic segments of the community. Local governments are required to identify adequate sites to meet projected new construction needs and to assist in the development of adequate housing to meet the needs of low-and moderate-income households (Section 65503(c)(l)). 2 • • An ordinance providing for second units may enable a local government to meet its construction need and assist in providing low-and moderate- income housing, and is an appropriate program for a local government to include in its housing element. A second unit program will also assist a jurisdiction in meeting the ·state law requirement to zone residential land with appropriate .standards in. order to meet housing needs (Government Code Section 65913.1). Second unit programs may also assist localities in relocating displaced households and in meeting a need for replacement housing units. 10. How may a local government encourage the development of second units? Local governments can encourage second unit development through advertising or producing information packets on second unit construction; establishing flexible zoning. standards (e.g., waiving or reducing parking requirements, allowing tandem parking, eliminating use permit requirements); waiving or reducing permit fees; and by reviewing the second unit ordinance periodically to evaluate and improve its usefulness in facilitating affordable housing development. 11. May a local government require the primary or secondary unit to be owner-occupied? Yes. 12. May a local ordinance require that the second unit occupancy to persons related to the owner of the primary unit? Such a requirement as a condition of permitting rental of the second unit is susceptible to legal challenge. In a 1984 decision, the Superior Court (Hubbart vs. County of Fresno. Superior Ct. No. 309140-2, 16f3t84), ~oided a Fresno County zoning ordinance which required that occupancy of a second unit be limited to persons related to the main unit's owner. The Court stated that the ordinance violated the plamt1ff's righr ffi' priva~y guaranteed by Article I, Section I of the California Const1t~. 13. Can a local government preserve the character of a single-family neighborhood where second units are allowed? Yes. A local government may apply zoning standards, such as height, setback, and architectural design requirements so that the second unit will be compatible with other structures in the neighborhood. In many cases a second unit can be created with no increase, or a minimal increase, in floor area. 3 • 14. 15. 16. 17. • • Can the quality of life in a neighborhood be protected where second units are allowed? Yes. A local government may, by ordinance, designate areas appropriate for second units based on such criteria as the adequacy of water and sewer services and the impact of second units on traffic flow. Furthermore,_ standards to avoid or mitigate adverse impacts may be imposed by a local government. The San Francisco Development Fund, in operating its Double Unit Opportunity Program in the Bay Area to encourage and facilitate second unit development, found that neighborhood resistance to second units was generally unfounded. Few homeowners in any given area needed second units or wanted to build them. The second units that were built increased the property tax base, paid more than their share for local infrastructure, and created a modest addition to the affordable housing stock. Increased noise, traffic, or other feared impacts did not materialize. Can a local government prohibit second units in its jurisdiction? Not unless an ordinance is adopted which acknowledges that the action may limit housing opportunities of the region, and makes findings that specific adverse impacts on public health, safety, and welfare would result from permitting second units. If a local government adopts an ordinance which meets the standards on-- Government Code Section 65852.1, will this ordinance meet the . • requirements of Government Code Section 65852.2? Yes. Government Code Section 65852.2 allows local governments to designate areas and standards for second units. If a local ordinance contains criteria consistent with Section 65852.1 with re ard to age and square footage requirements, it will meet the requirements o n o5-m:-z. 7, -.\ May a local government permit only second requirements of Government Code Section 65852.1 ordinance? units meeting th~ \ without adopting an~ No. If no ordinance has been adopted, a local government must grant special or conditional use permits for second units which meet the requirements of Section 65852.2(b), and may grant variances for units which meet the requirements of Section 65852.1. 18. Are second units exempt from growth control policy? 4 • • Yes. Government Code Section 65852.2(a)(5) states that second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 19. Do second units have to be .consistent with the locally adopted general plan and zoning ordinance? In the absence of a local ordinance, a secon4 unit conforming to the State criteria (Section 65852.2), shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot. Such an additional unit shall not be considered to exceed the allowable density for the lot upon which it is located. A locality may adopt an ordinance finding that second units meeting the criteria listed in statute do not exceed the allowable density and are a residential use consistent with the existing general plan and zoning designations for the lot (Section 65852.2(a)). However, failure to address the density issue in the adopted ordinance does not justify denial of a second unit application on the basis of allowable densities in the affected zone. 20. Does this legislation require that a local government allow detached second units? Localities without a second unit ordinance must allow both detached and attached second units which meet the State criteria. However, a locality may adopt an ordinance authorizing only detached units, only attached units, or both. 21. Are second units exempt from the California Environmental Quality Act (CEQA)? Second units are categorically exempt from CEQA pursuant to Sections 15301(a) and 15303(a) of the CEQA guidelines. 22. What type of financial assistance is available to a homeowner interested in constructing a second unit? Local government rehabilitation loan programs may have funds available for low interest loans to homeowners wishing to rehabilitate a single- family home and create a second unit within it for the benefit of a low-or moderate-income household. Local redevelopment agencies may use their tax increments to finance second units. Nonprofit organizations may offer technical and financial assistance to homeowners. The San Francisco Development Fund administered the Double Unit Opportunity Program (DUO) to provide financial counseling, architectural 5 • • • design, and application assistance services for homeowners wishing to construct second units in four Bay Area counties over a three-year period. The DUO experience was evaluated and a report issued in 1988 which is available to interested persons (See Cover Page under "Other Resources") . 23. Is the creation of a second unit eligible for funds under the CDBG program ,., as a rehabi{itation activity? Yes, but under very limited circumstances. It must qualify as a rehabilitation, rather than a new construction, project and must benefit low-or moderate-income persons. 24. Can a local government, by ordinance, restrict second units to only multi- family zones? Such an ordinance would not be consistent with the intent of State law related to second units. However, if the ordinance makes the necessary findings to justify precluding second units from single-family zones, and there are single-family homes located in multi-family zones which could qualify for second unit approval under the ordinance, such a restriction would not violate State statutes. In other words, local ordinances should permit second units in both single-family and multi-family zones unless findings are adopted related to the prohibition of second units in one or both of those zones. 25. Must a local government provide a variance or a special or conditional use permit for a second unit which existed prior to the date of application for approval, if the unit meets criteria in Health and Safety Code Section 65852.2(b)? Yes. The language of the statute indicates that its application is not limited to new construction. 6 • Jurisdictions with From the California Planner's 1988 -~ok of Lists, Office of Planning nd Research Second Dwelling Unit Ordinances Goverrment Code Section 65852.2 provides that local goverrments may adopt an ordinance regulating the installation of second dwelling units in single-family arrl multi-family residential zones. In the absence of such an ordinance, second dwelling requests must be evaluated in accordance with the state requirements discussed in Section 65852.2(b). Second unit is defined to mean a residential unit providing canplete independent ~iving facilities for one or irore persons on the same parcel that a single-family dwelling is situated. The following jurisdictions have secorrl unit ordinances: AIEIANI'O CHINO FAIRFIELD KINGSBURG AOOURA HILIS CHULA VISTA F.AmERSVILLE IA CANADA FLINTRIOOE AI.AMED1\ CIAREMONI' FERNJllUE IA HABRA HEIGHTS AI.AMEJ:lZ\ COUNl'Y CIAYTON FIREBAUGH IA MESA ALBANY CLE'ARIAKE FCNl'ANA IA MIRAD!\ ANAHEIM CIDVERDM.E FORI' BRAGG IA PUENl'E AN~ CIDVIS FCSTER CITY IA VERNE ANl'IOCH COACHELIA Fom:..ER LAFAYETI'E ARCATA COALINGA FREMCNr I.AKE COUNI'Y ARROYO GRANDE COLFAX FRESNO COUNI'Y I.AKE EISINORE ARTESIA COLTON FULLERTON I.AKEPORT ATHERTON COLUSA COUNTY GARDENA IARKSPUR ATWATER CG1MERCE GILROY LASSEN COUNTY AUB~ COOCORD GLENOORA LEMOORE AVAI.m CCNI'RA COOTA COUNTY GLENN COUNTY LIVERMORE BALI:MIN PARK CO:OCORAN GRAND TERRACE LIVINGSTON BARS'IW COROOAOO GRASS VALLEY IDDI BF.AUMONT CORTE MAIERA GREENFIELD I.01ITA BELL COOTA MESA GRIDLEY LCMRX: BELLFIOOER COI'ATI GUSTINE LONG BFACH BELVEDERE CUPERI'INO HALF MOON BAY I.COHS BENICIA Jl\LY CITY HANFORD I.OS ALTOS BERKELEY IWNILLE HAYWARD IDS ALTOS HILIS BRAIBURY J:ll\VIS HE'ALDSBURG I.OS ANGELES BRAWLEY IEL NORTE COUNTY HEMEI' I.OS ANGELES COUNTY BRF.A DELANO HOLLISTER I.OS GATOS BRENl'WCX)D IESERT HOI' SPRINGS HOLTVILLE MAIERA COUNTY BRISBANE DINUBA HUGHSON MANTECA BUENA PARK DIXON HUMBOIDr COUNTY MARIN BURBANK IXJ-lNEY HUNl'INGTON BF.ACH MARTINEZ BUITE CCXJNTY OOARI'E HUNTINGl'ON PARK MARYSVILLE CAIAVERAS COUNTY OOBLIN HUROO MA'M'.X)D CALIFORNIA CITY EL CA.JOO IMPERIAL MENIX>CINO CALIPATRIA EL CERRITO IMPERIAL COUNI'Y MENIXJl'A CAMARILLO EL IX)RAIX) CCXJNTY INGI.EvmD MENID PARK CAMPBELL ENCINITAS INYO COUNI'Y ME:OCED CARLSBAD ESCAIDN IONE MERCED COUNTY CARPINTERIA ESCONDIIX) IRVINE MILL VALLEY CARSON EXETER JACKSOO MILLBRAE CERRITOS FAIRFAX KERMAN MILPITAS 85 . ' ~ ,. i • • jf " 't } :- ..-1ODESTO PISMO BEACH t SAN WIS OBISro SUITER COUNTY t MCN) COUNTY PI.ACENI'IA COUNTY SUITER CREEK , f MONROVIA PI.ACER COUNTY SAN MARCOO TAFT ~ J MOOTCIAIR PIACERVILT.E SAN MATEO TEHACHAPI MOOI'E SERENO PIBASANI' HILL SAN MATEO COUNTY TEHAMA ' .. MONI'EBELID PLUMAS COUNTY SAN PABID TEHAMA COUNTY ,. MOOI'EREY PLYMOUI'H SAN-RAFAEL .. TEMPLE CITY MOOI'EREY PARK fQRl'ERVILLE SAN RAMON' THOUSAND OAKS MORA.GA roRTOIA SANI'A ANA TIBURON MORENO VALLEY • roRTOIA VALLEY SANI'A BARBARA COUNTY TORRANCE ~- MOUNT SHASTA PCMAY SANI'A CIARA TRINITY COUNTY .. -,1· MOUNTAIN VIEW RANCHO CUCAMOOGA SANI'A CIARA COUNTY TULARE COUNTY NAPA RANCHO MIRAGE SANI'A CRUZ TUOLUMNE COUNTY NAPA COUNTY RED BLUFF SANI'A CRUZ COUNTY TURLCX::K •: NATIONAL CITY REDDING SANI'A FE SPRINGS TUSTIN NEVAm CITY REDLANIS SANI'A MARIA UKIAH ' NE~ COUNTY REIW:X)D CITY SANl'A RCBA UNION CITY NEWARK REEDIEY SANTEE UPLAND NEWMAN RICHMOOD SARAT03A VACAVILLE NO~O RIO DELL SAUSALITO VALLEJO NORWALK RIO VISTA scarrs VALLEY VENI'URA NOVATO RIPON SEAL BEACH VENI'URA COUNTY OAKI:ru..E RIVERBANK SEASIDE VISALIA OAKLAND RIVERSIDE COUNTY SEBASTOroL VISTA OJAI RIVERSIDE SEIMA WAI.NUT CREEK ONI'ARIO ROCKLIN SHASTA COUNTY WATERFORD ORANGE ROLLING HILLS SIERRA COUNTY WEST COVINA ORANGE COUNTY ESTATES SIMI VALLEY WEST HOLLYWOOD ORANGE COVE SACRAMENI'O SOIANO COUNTY WEST SACRAMENI'O OXNARD SACRAMENI'O COUNTY SOLEUZill WESTIAKE VILLAGE PACIFIC GROVE SAN ANSEIMO SOLVANG WES'lMINSTER PACIFICA SAN BENITO COUNTY SONOMA WHITTIER PAIM SPRINGS SAN BERNARDINO SONOMA COUNTY WILLIAMS PAIM!l\LE COUNTY SONORA WILLITS PAID ALTO SAN BRUNO soum EL MONI'E WINTERS PAWS VERIES SAN CARIDS soum IAKE TAHOE WCX)DLAKE ESTATES SAN CLEMENTE soum PASADENA WJODLAND PARN1OUNI' SAN DIEOO soum SAN FRANCISCO \'lX)DSIDE PARLIER SAN DIEGO COUNTY ST. HELENA YOID COUNTY PASO IE ROBLES SAN FRANCISCO STANISIAUS COUNTY YOUNNILLE PERRIS SAN JACINTO STANTON YUBA CITY PETALUMA SAN JOAOOIN COUNTY SUISUN CITY YUBA COUNTY PICO RIVERA SAN JOOE SUNNYVALE PIEI:MONI' SAN JUAN CAPISTRAOO SAN LEANDRO 86 • • Assembly BQI No~ 3529 CHAPTER 1150 An act to amend Sections 65852.1 and 65852.2 of the Government Code, re~ating to housing. -[Approved by Governor September 20, 1990. Filed with Secretary of State September 21, 1990.] . . • . LEGISLATIVE COUNSEL'S DIGFSr . . AB 3529, Chacon. Housing: second units~ -_ . • . . _ . . •. • . Under existing law, any city, including a charter city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or attached to, a primary residence on a parcel zoned for a single-family . residence, if the dwelling unit is intended for the sole occupancy of one adult or 2 adult persons who are 60 years of age or over and the area of floor space of the dwelling unit does riot exceed 640 square feet. " • bill would, instead, permit any city, including a charter city, county, or city an coun to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a· parcel zoned for .a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult or 2 adult persons who are 62 years of age or over, and the area of floor space of the attached dwelling unit does not exceed 30% of the existing living area or the area of the floor space of the detached dwelling unit does not exceed 1,200 square feet. Under existing law, if a local agency has not adopted an ordinance governing 2nd units in accordance with specified law, it is required to grant a special use or a conditional use permit for the creation of a 2nd unit if the 2nd unit complies with certain conditions, including the condition that any increase in the floor area of an attached 2nd unit not exceed 15% of the existing living area and the condition that the total area of floor space for a detached 2nd unit not exceed 640 squru. e feet. This bill would instead require that if a local agency has not adopted an ordinance governing 2nd units in accordance with specified law, it is required to grant a special use or a conditional use permit for the creation of a 2nd-unit if the 2nd unit complies with those cei:tain conditions, including the condition that any increase in the floor area of an attached 2nd unit not exceed 30% of the existing living area and the condition that the total area of floor space for a detached 2nd unit not exceed 1,200 square feet. The people of the State of California do enact as follows: Ch. 1150 .2- SECTION 1. Section 65852.1 of ••• the Government Code is amended to read: 65852.1. Notwi~standing Section 65906, any city, including a charter city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is. attached to or detached from, a primary residence on a parcel zoned for a single-family· residence, if the dwelling unit is intended for the sole-occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor space of the attached-dwelling unit does not exceed 30 percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed 1,200 square feet. This section shall not be construed to limit the requirements of Section 65852.2, or the power of local governments to permit second units. • • • SEC. 2. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones consistent with ill of the following provisions: ( 1) Areas may be designated within the jurisdiction of the local agency where second units may be permitted. (2) The designation of areas may be bas~d on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (3) Stan ards may e unpose on secon um s w ·ch include,. but are not limited to, parking, height, setback, lot coverage, architectural review, ::rod maximum size of a unit. ( 4 )' local agency may find that second umts do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (5) The second units created shall not be considered in the a,Pplication of any local ordinance, policy, or program to limit @sidential growth. ' ( 6) A local agency may establish a process for the issuance of a conditional use permit for second units. (b) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a conditional use permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901, every local agency shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following: ( 1) The unit is not intended for sale and may be rented. 95 90 • • _Ch .. 1150 (2) '.The lot is .zoned for .single-family or multifaI_D.ily use. . : -. • . (3) The lot contains an ·existing single-family dwelling. ( 4) The second 1:Jllit.is either attached to the existing dwelling and located within the living area of the existing dwelling or d~tached from the existing dwelling and located on the same lot as the _existing dwelling.· •. (5) Any increase in the floor area of an attached second unit shall not exceed 30 percent of the existing living area. . · . (6) The total area of floor space for a detached second unit shall not exceed 1,200 square feet. (7) Any construction • shall ·conform. to height, setback, lot coverage, architectural review, site plan review, fees, charges,··and other .. zoning :requirements_ generally. • applicable to residential construction in the zone 'hi w~ch ·the property is located. (8) Local· building code requirements which apply to detached dwellings, as appropriate. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing ~ngle-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisi9~s are consisJ;enLwith_the limitations of this subdivision. __ . A second •• wiff which conforms to the requirements of this / , subdivision shall not be considered to exceed the allowable density 1 • ..for the lot upon which it is located, and shall be deemed to be a 1 -:residential use which is consistent with the existing general plan and ,: :zoning designations for the lot. The second units shall not be > ·.considered in the application of any' local ordinance, policy, pr) (program to limit residential gr_owth.i ___ . • (c) No local agertc)Tsliall adopt an ordinance which totally precludes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units j • • Ch. 1150 -4-. within single-family and multifamily zoned areas justify adopting the ordinance. · (d) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision ( a) or ( c) to the Department of Housing and Community Development within 60 days after adoption. ( e) As used in this section, the following terms mean: (1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. 0