HomeMy WebLinkAbout3/18/2015 - STAFF REPORTS - 1.E. OE PALM s'°i
N CITY COUNCIL STAFF REPORT
IF IL
DATE: March 18, 2015 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 91.00.10 AND 93.23.14, AND REPEALLING
SECTIONS 92.00.01.C.10, 92.01.01.D.3, 92.02.01.C.7, AND 92.03.01.C.1,
OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
ACCESSORY SECOND DWELLING UNITS
FROM: Department of Planning Services
SUMMARY
California State law requires all local jurisdictions to allow accessory second units.
There are minimum standards that are set by the State which must be met. Local
jurisdictions may be more lenient in their requirements, but cannot be stricter. This
amendment will bring the City of Palm Springs into compliance with state law, and will
consolidate accessory second dwelling unit regulations into a single section of the
zoning code.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Waive the reading of the ordinance text in its entirety and read by title only; and
3. Introduce on first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10 AND 93.23.14, AND
REPEALLING SECTIONS 92.00.01.C.10, 92.01.01.D.3, 92.02.01.C.7, AND
92.03.01.C.1, OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
ACCESSORY SECOND DWELLING UNITS"
BACKGROUND INFORMATION
Accessory second units are important in meeting the State-mandated housing
requirements given to cities through the Regional Housing Needs Assessment (RHNA)
numbers. State law declares:
ITEM NO.
City Council Staff Report March 4,2015
Case 5.1341 ZTA Page 2 of 5
Second units provide housing for family members, students, the elderly in-
home health care providers, the disabled, and others, at below market
prices within existing neighborhoods.
Homeowners who create second units benefit from added income and an
increased sense of security.
The current City of Palm Springs zoning code has multiple differing sections and
requirements for accessory second units. The purpose of this text amendment is to
create a single code section in compliance with state law.
ANALYSIS:
There have been a significant number of amendments to state law in the past several
decades regarding "granny flats," second units and/or accessory apartments. Since
1982, state law has mandated that municipalities allow accessory second units, subject
to the minimum standards established by state law. Local governments may still set
height, setbacks, lot coverage, minimum unit sizes, and parking requirements; however,
Conditional Use Permits (CUP) may not be required for units that meet state-imposed
minimums.
State law establishes the following requirements:
• Ministerial approval for accessory second units;
• Rental allowed;
• Detached allowed;
• Units may be up to 30% of the primary dwelling living area, not to exceed 1,200
square feet;
• Parking may not exceed one space, which may be located in a required setback
or tandem; and
• Kitchen facilities allowed.
The City's existing requirements for accessory second units are listed in three different
sections of the code and are summarized in the table below:
Code Section
Requirements 92.01.01(A)(2) 93.23.14 92.01.01(D)(3)
Accessory Structures Accessory Apartment Accessory
Housing' Apartments
Zoning Districts R-1-AH thru R-1-D R-1-AH thru R-1-D R-1-AH thru R-1-D
G-R-5, R-G-A(6), R-
G-A 8 , R-2
Unit Size <1/50' of lot area 15% of SF of primary 15% of SF of primary
dwelling, 15640 SF dwelling, s640 SF
Attached or Detached Detached Attached Attached
Kitchen Not permitted Permitted Permitted
CUP Not required CUP required CUP re uired
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City Council Staff Report March 4,2015
Case 5.1341 ZTA Page 3 of 5
Code Section
Requirements 92.01.01(A)(2) 93.23.14 92.01.01(D)(3)
Accessory Structures Accessory Apartment Accessory
Housing' Apartments
Lot Size Per zoning district Per zoning district 15,000 SF min.
!n addition to the requirements listed in the table above, additional restrictions include the following: No
separate ownership, no more than 2 persons/unit, no more than f unit per lot, and no separate water
meter.
The following existing standards in the zoning code are in conflict with state law, and
need to be updated:
• CUP requirement for most types of accessory units;
• The requirement that units be attached to the principal dwelling;
• Square footage limitations for the size of the accessory units are less than
permitted by the State; and
• The restriction against kitchen facilities for certain types of accessory units.
As mentioned, the State has invalidated the CUP requirements for some accessory
units. In order to create an ordinance that meets state law yet keeps components of
existing code, the following proposal is made:
By Right: CUP Required:
Lot size •Over 15,000 SF •7,500 SF to 15,000 SF
Unit size •s 30% of existing SF, not to exceed • Up to 99% of existing SF
1,200 SF
Parking • 1 space/bedroom (tandem or within • 1 space/unit
setback
Kitchen •Allowed •Allowed
Lot coverage •Max. 35% •Max. 35 %
Height • 1 story, <_ height of principal dwelling • 1 story, <_ height of principal dwelling
Setbacks •Must conform to all setbacks •Must conform to all setbacks
Other • May be rented •May be rented
Requirements • Single family or multi-family •Single family or multi-family
developed w/ single family developed w/single family
•One unit must be owner occupied •One unit must be owner occupied
• May be detached •May be detached
• No separate utility meter •No separate utility meter
• May not be sold separately •May not be sold separately
As part of the proposed changes, the following definitions will need to be added:
Chapter 91.00.10 - Definitions
"Living area" means the interior habitable area of a dwelling unit including
basements, attics and mezzanines, but does not include a garage or
accessory structure."
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City Council Staff Report March 4,2015
Case 5.1341 ZTA Page 4 of 5
"Accessory Second Dwelling Unit" means any attached or detached
residential dwelling unit which provides complete independent living
facilities for one or more persons. Any room or series of rooms having
separate exterior access and no interior access from the living area of the
main use shall be considered a second unit. It may include permanent
provisions for living, sleeping, eating, cooking and sanitation. A second
unit also includes an efficiency unit, as defined in Section 17958.1 of the
Health and Safety Code, and a manufactured home, as defined in Section
18007 of the Health and Safety Code.
With the consolidation of all requirements for accessory second units into a single
section of the code, the following sections are proposed for deletion:
• Section 92.00.01(C)(10)
• Section 92.01.01(D)(3)
• Section 92.02.01(C)(7)
• Section 92.03.01(C)(1)
Section 93.23.14 of the code will be amended in its entirety with the newly-proposed
consolidated requirements. This new section will comply with the minimum standards
for accessory second units as required by state law, and will improve the usability of the
document by having all of the standards in a single section of the code.
SUMMARY:
The following table summarizes the requirements of state law, the existing code
requirements, and the proposed code changes:
state Existing Code
Law Most Restrictive By Right CUP
Minimum Per zoning district 15,000 SF Over 15,000 SF 7,500 SF to 15,000
Lot Size SF
Unit Size s 30% of principal <_ 15% of principal Same as state s 99% of principal
dwelling SF, not to dwelling SF, 640 SF requirements dwelling SF
exceed 1,200 SF max.
Lot Per zoning district Per zoning district, Per zoning district Per zoning district
Coverage not to exceed 35%
Kitchen Allowed Allowed w/ CUP Allowed Allowed
Detached Yes No Yes Yes
Parking 1/bedroom, allowed 1 1/bedroom, allowed 1/unit, allowed in
in setback or tandem in setback or tandem setback or tandem
Rental Yes N/A Yes (more than 30 Yes (more than 30
days) days)
Owner Allowed N/A Yes (principal or Yes (principal or
Occupancy accessory) accessory)
Re wired
Review Ministerial Discretionary Ministerial Discretiona
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City Council Staff Report March 4,2015
Case 5.1341 ZTA Page 5 of 5
PLANNING COMMISSION ACTION
The Planning Commission held two public hearings on the proposed ordinance on June
11, 2014, and November 19, 2014. The Planning Commission supported the proposed
ordinance, but recommended the following additions:
• Allow an increase in the size of accessory second units up to 99% of the principal
dwelling, subject to the approval of a Conditional Use Permit; and
• Prohibit the use of accessory second units solely for short-term vacation rentals.
The attached ordinance reflects the increase in size as recommended by the Planning
Commission. Relative to the concern regarding vacation rentals, staff recommends that
the Planning Commission's restriction against short-term rentals clarify that such
prohibition applies to situations where the property owner occupies the main house or
second unit; it will not apply to situations where the entire property, including the main
house and the accessory second dwelling unit, is rented to one person, consistent with
the existing City policy. It is also recommended that staff monitor the implementation of
the ordinance to ascertain that the state's housing goals are being met through the
accessory second unit regulations.
ENVIRONMENTAL ASSESSMENT
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is a
Class III exemption and is categorically exempt per Section 15303(a) (New Single-
Family Residence and Accessory Structure),
NOTIFICATION
A public hearing notice was published. The Planning Department has not received
correspondence regarding this issue.
Flinn Fagg, AICP Marcus L. Fuller, MPA, PE, PLS
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready, Esq.,
City Manager
Attachments: 1. Draft Ordinance
1. PC Minutes — June 11, 2014
2. PC Minutes — November 19, 2014
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 91.00.10 AND
93.23.14, AND REPEALLING SECTIONS 92.00.01.C.10,
92.01.01.13.3, 92.02.01.C.7, AND 92.03.01.C.1, OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO
ACCESSORY SECOND DWELLING UNITS.
City Attorney Summary
This Ordinance modifies existing accessory housing
provisions of the City's Zoning Code to expressly provide for
accessory second dwelling units in conformance with state
law and the City's Housing Element. The Ordinance
provides a process for the review of applications for
accessory second dwelling units.
The City Council of the City of Palm Springs finds:
A. The proposed zone text amendment (Case 5.1341 ZTA) is Categorically Exempt
from the provisions of CEQA under Section 15305 — Minor Alterations in Land Use
Limitations) of the Guidelines for the California Environmental Quality Act because the
proposed zone text amendment proposes only insignificant changes to the land use or
density.
B. The proposed zone text amendment establishes regulations for creation of
accessory second dwelling units that comply with state law to primarily provide
affordable housing for family, students, and,the elderly.
C. The City Council hereby finds that adoption of the proposed Zoning Text
Amendment would:
a. Provide a means by which The City may create new opportunities for housing
at below market prices within existing neighborhoods; and
b. Comply with state law regarding accessory second units.
D. The adoption of the proposed Zone Text Amendment would be consistent with
the intent of the Zoning Ordinance and the City's General Plan and its Housing Element
because it provides housing for students, the elderly, in-home health providers, the
disabled, and others.
Section 1. Section 91.00.10 of the Palm Springs Municipal Code is amended to include
the following definitions:
"Living area" means the interior habitable area of a dwelling unit including
basements, attics, and mezzanines, but does not include a garage or accessory
structure."
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City Council Ordinance No, March 4, 2015
Case 5.1341—ZTA Page 2 of 7
"Accessory Second Dwelling Unit" means any attached or detached residential
dwelling unit which provides complete independent living facilities for one or
more persons. Any room or series of rooms having separate exterior access and
no interior access from the living area of the main use shall be considered a
second unit. It may include permanent provisions for living, sleeping, eating,
cooking and sanitation. A second unit also includes a manufactured home, as
defined in Section 18007 of the Health and Safety Code.
Section 2. The term "accessory living quarters" in Section 91.00.10 of the Palm Springs
Municipal Code is amended to read:
"Accessory living quarters" means a dwelling that is not provided with kitchen
arrangements, nor other provisions for meal preparation.
Section 3. Sections 92.00.01.C.10, 92.01.01.D.3, 92.02.01.C.7, and 92.03.01.C.1 of the
Palm Springs Municipal Code are repealed.
Section 4. Section 93.23.14 of the Palm Springs Municipal Code is amended to read:
93.23.14 Accessory Second Units
A. Intent. The intent of this Section is to provide for the creation of accessory
second dwelling units in the City's single-family and multiple-family residential districts,
in accordance with Government Code Section 65852.2. Accessory second dwelling
units are an important source of housing that contributes to the character and diversity
of housing opportunities in the City. Accessory second dwelling units provide workforce
housing, housing for family members, students, elderly, in-home health care providers,
the disabled, and others. This Section prescribes standards for such second units to
minimize adverse impacts on the public health, safety, and general welfare from the
establishment of the second dwelling units. An accessory second dwelling unit which
conforms to these requirements 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
consistent with the Palm Springs General Plan and zoning designation for the lot.
B. Applicability-
1. New Accessory Second Units
Any construction, establishment, alteration, enlargement, or modification of an
accessory second unit shall comply with the requirements of this Chapter, other
development standards in this Title applicable to the district in which the lot is
located, and the City's Building Code.
2. Non-Conforming Second Units
All accessory second units which were legally constructed or initiated but which
do not conform to this Chapter are deemed non-conforming and shall be subject
to the provisions of Chapter 94,05.00-07, Non-conformance.
3. Existing Illegal Second Units 07
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Case 5.1341—ZTA Page 3 of 7
The provisions of this chapter shall in no way validate any existing illegal second
unit. An application may be made pursuant to this Chapter to convert an illegal
second unit to a legal conforming accessory second unit, and shall be subject to
the same standards and requirements as for a newly proposed accessory
second unit.
4. Designation of Existing Primary Unit to Accessory Second Unit
An existing residential structure may be designated as an accessory second unit
at such a time as a new primary dwelling unit is constructed, provided the
existing structure conforms to all the development of this Chapter.
5. Conflicting Provisions in Specific Plans and General Development Plans
In the event the provisions of this Section conflicts with any provision of an
adopted specific plan or planned development district, the provisions of this
Section shall prevail.
C. Permitted Sites
1. No more than one accessory second unit may be allowed on any
residentially zoned lot. The residential lot must meet the following criteria:
a. On lots greater than 15,000 square feet an accessory second unit
shall be allowed provided all other requirements of this Title applicable to
the district in which the lot is located and the city's Building Code are met.
On lots of at least 7,500 square feet and less than 15,000 square feet an
accessory second unit is subject to a Conditional Use Permit.
b. All lots must be conforming in size for the zone in which it is
located.
C. The lot may contain no more than one existing single-family
dwelling.
D. Accessory Second Dwelling Unit Requirements
1. An accessory second dwelling unit may include permanent provisions for
living, sleeping, eating, cooking, and sanitation separate from the primary
dwelling unit on the same lot. The accessory second dwelling unit shall not be
intended or offered for sale separately from the primary dwelling unit.
2. The accessory second unit shall be either attached to the existing dwelling
unit or detached from the existing dwelling and located on the same lot as the
existing dwelling.
3. An accessory second dwelling unit shall be constructed on a permanent
foundation and connected to the public sewer.
4. The following additional requirements shall apply to accessory second
units in all residential districts:
a. The owner of the accessory second unit shall live within the primary
dwelling unit or the accessory second unit, and may rent the other unit.
The two units shall not be concurrently rented, excepting upon request
from the property owner, the Director may grant the owner a temporary 08
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Case 5.1341—ZTA Page 4 of 7
exception to the occupancy requirement for a period not to exceed twenty
four (24) months.
b. Rental of the accessory second unit, separate from the primary
unit, must be for periods of 30 days or more; however, such minimum
requirement shall not apply where the entire property, including the
primary unit and the accessory second dwelling unit, is rented or leased
to the same person under one lease or rental agreement.
C. Prior to issuance of a building permit for the accessory second unit,
the property owner shall record with the county recorder's office an
agreement with the city setting forth the property owner's
acknowledgement and agreement with the requirements of this Chapter,
in a form satisfactory to the City Attorney.
d. An accessory second unit shall not be metered separately from the
primary dwelling unit for gas, electricity, and water.
E. Setbacks, Lot Coverage, and Floor Area Restrictions
1. An accessory second unit shall conform to all required setback
requirements of the district in which the lot is located.
2. All development on the lot shall conform to lot coverage standards of the
district in which the lot is located.
3. The floor area of an accessory unit shall not exceed 1200 square feet, nor
be less than 400 square feet pursuant to the definition of efficiency unit as set
forth in the Building Code.
4. The unit shall not include more than two (2) bedrooms.
5. The unit shall not exceed 30% of the floor area of the existing single-family
dwelling. Upon approval of a CUP it may be up to 99% of the floor area of the
primary dwelling.
6. An accessory second unit shall not be eligible for an Administrative Minor
Modification of development standards.
F. Height Restriction. An accessory second unit shall be limited to one story and
shall not exceed 15 feet in height or the height of primary unit, whichever is
greater.
G. Architectural Standards
1. All exterior surfaces, roofing, window, light fixtures, and other architectural
details of the accessory second unit shall be of the same style, materials, colors,
and quality as used for the primary dwelling unit, although a proposed higher
quality material shall be allowed.
2. The accessory second unit shall be provided with an entrance separate
from that of the primary dwelling and pedestrian access shall be provided to the
entrance from a public street or alley.
3. The entrance to the accessory second unit shall not be oriented to the
street or otherwise alter the single-family appearance of the property from the
street.
4. All second unit proposals shall include landscaping plans, and the 0 9
City Council Ordinance No, March 4, 2015
Case 5.1341—ZTA Page 5 of 7
landscaping shall be installed prior to the final inspection of the second unit by
the City's Building Department.
H. Parking and Driveway Provisions
1. No accessory second unit may be permitted on a lot where the required
parking for the existing dwelling unit has not been met.
2. One (1) off-street parking space shall be required for each bedroom of the
accessory second unit. Such parking space shall be nine feet wide and 17
feet long, and be provided on the same lot as the second unit. A covered
parking space is preferred but not required. The parking space for the
second unit shall be in addition to the parking required for the primary
residence.
3. No additional driveway approaches from public streets shall be permitted
for the parking for accessory second units. Access to the parking can be
provided from an alley.
4. The required parking space for the accessory second unit may be located in
rear or non-street side setbacks or through tandem parking on existing
driveways, but such space shall not interfere with access to the required
parking for the primary residence.
5. Upon approval of a CUP, one parking space for the accessory second unit
may be allowed.
I. Permit Requirement
1. Filing
Any accessory second dwelling unit shall require approval of an
Accessory Second Unit Permit. The application for such permit shall be
made on forms provided by the Department of Planning Services together
with any applicable fees. The application shall include all information
needed to determine compliance with this Section. The application fee
shall include all information needed to determine compliance with this
Section. The application fee shall be established by resolution of the City
Council.
2. Application Screening
Upon receipt of an application for an accessory second unit, staff shall
review the application; inform the applicant as to the completeness of the
submittal and of any additional information materials required, if any.
3. Noticing of Application
Pursuant to Government Code Section 65852.2, notice of an application
for an accessory second unit shall not be given to owners of surrounding
properties.
4. Notification of Application for Conditional Use Permit shall be processed
pursuant to the provisions related to a conditional use permit.
5. Action of Application
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City Council Ordinance No. March 4, 2015
Case 5.1341—ZTA Page 6 of 7
a. Staff shall approve a completed application if the proposed
accessory second unit complies with the requirements of this Chapter. As
a condition of the permit, the applicant shall record a deed restriction on
the property limiting the rental or lease of both units in compliance with
this Chapter.
b. Staff shall deny an application for an accessory second unit if the
proposed second unit is not in compliance with all requirements of this
Chapter.
C. Within five days of its decision on the application, staff shall give
notice of the decision to the applicant.
6. Permit "Runs With the Land"
An Accessory Second Unit Permit that was granted pursuant to this
Section, and is valid and in effect, shall continue to be valid upon change
of ownership of the property.
7. Permit Revocation
The Director of Planning Services shall have the right to revoke the permit
granted under this Chapter if the accessory second unit for which the
permit was granted violates one or more requirements of this Chapter.
The Director shall give notice of permit revocation to the property owner. If
a permit for an accessory second unit is revoked, the owner shall remove
the kitchen facilities for unit space, and shall not rent the unit space except
together with the primary residence to a single household.
8. Any person aggrieved by a decision of the Director or staff on an
application for revocation of an Accessory Second Unit Permit may appeal
such action.
Section 7: The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect (3) days after passage.
PASS, APPROVED, AND ADOPTED this day of 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
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City Council Ordinance No. March 4, 2015
Case 5.1341—ZTA Page 7 of 7
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on and
adopted at a regular meeting of the City Council held on by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
12
Planning Commission Minutes
June 11, 2014
I
A recess was taken at 4:23 pm.
The meeting reconvened at 4:33 pm.
2G. CITY OF PALM SPRINGS TO AMEND THE PALM SPRINGS ZONING CODE
SECTION 91.00.10 - DEFINITIONS AND SECTIONS 92.00, 92.01, 92.02, 92.03
AND 92.04 -PERMITTED, ACCESSORY AND CONDITIONALLY PERMITTED
USES AND TO REPLACE 93.23.14 - ACCESSORY APARTMENT HOUSING
IN ITS ENTIRETY (CASE 5.1341 ZTA).
DIRECTOR WHEELER introduced the item and asked for input on specific issues.
COMMISSIONER WEREMIUK offered that rental should be allowed for 30 day periods
or more to serve as housing not vacation rentals.
DIRECTOR WHEELER discussed that the proposal is for only one accessory second
unit on any lot. State law requires up to 1200 square feet and 30% of primary unit size
allowed ministerially. She indicated that staffs proposal was to allow up to 50% of
primary unit with Conditional Use Permit.
CHAIR DONENFELD opened the public hearing and with no appearances coming
forward the public hearing was closed.
COMMISSIONERS discussed the matter and recommended up to 99% of primary unit
be allowed to be considered with Conditional Use Permit.
ENGINEERING ASSOCIATE MINJARES advised the Commission about this type of
approval would trigger certain requirements.
ACTION: Recommend approval to City Council, as amended.
MOTION: Commissioner Weremiuk, seconded by Commissioner Lowe and
unanimously carried on a 7-0 roll call vote.
AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe,
Commissioner Roberts, Commissioner Weremiuk, Vice- Chair Hudson and
Chair Donenfeld
3. NEW BUSINESS:
3A. VIVANTE PALM SPRINGS, LLC, FOR ARCHITECTURAL REVIEW OF FINAL
DEVELOPMENT PLANS FOR THE FIRST PHASE OF PD-341, INCLUDING AN
ASSISTED LIVING FACILITY OF APPROXIMATELY 148,000 SQUARE FEET,
SITE LANDSCAPING AND OFF-STREET PARKING ON A VACANT LOT
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City of Palm Springs 15
Planning Commission Minutes
November 19, 2014 Adjourned Regular Meeting
1
1A. CONT'D - CITY OF PALM SPRINGS TO AMEND THE PALM SPRINGS ZONING
CODE SECTION 91.00.10 - DEFINITIONS AND SECTIONS 92.00, 92.01, 92.02, 92.03
AND 92.04 - PERMITTED, ACCESSORY AND CONDITIONALLY PERMITTED USES
AND TO REPLACE 92.23.14 - ACCESSORY APARTMENT HOUSING IN ITS
ENTIRETY (CASE 5.1341 ZTA). (FF)
Director Fagg provided an overview of the proposed zone text amendment.
Commissioner Weremiuk provided a history of granny flats that are allowed as an
accessory unit (cooking and bath) for aged parents, adult children or caretakers. This is
affordable housing to accommodate the family rather than used as vacation rentals.
Commissioner Calerdine noted the intention when this originally came up was not allow
the secondary unit as a vacation rental (less than 30 days). Staff agreed. However, he
does not necessarily oppose vacation rentals as low income housing.
Chair Hudson opened the public hearing and with no appearances coming forward the
public hearing was closed.
r
Vice-Chair Klatchko questioned if the City Attorney reviewed this language and if he
came up with alternate wording. Director Fagg responded yes he reviewed it but did he
not provide alternate wording; however, he felt the wording Commissioner Middleton
suggested clarifies the inherent conflict between the two sections of the code and the
Planning Commission's recommendation, as well.
ACTION: To revise section as noted below have the City Attorney review approve
wording or provide alternate language.
• Revise: Section D. Accessory Second Unit Requirements.
4b. The rental of the accessory second unit separate from the
primary unit must be for periods of 30 days or more.
Motion: Commissioner Weremiuk, seconded by Commissioner Middleton and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
The Commission and staff discussed the administrative process for an applicant filing
an appeal for a project that was sent back for restudy.
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