HomeMy WebLinkAboutResolution 2004-069 RESOLUTION NO. 2004-069
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,APPROVING AN AMNESTY
PROGRAM TO LEGALIZE SECONDARY RESIDENTIAL UNITS
CONSTRUCTED WITHOUT BUILDING PERMITS
(Second Unit Amnesty Program)
WHEREAS, the Atascadero City Council at a regular meeting held on June 22,
2004 approved a General Plan Amendment and Zone Change to allow the construction of
secondary residential units in all single family zoning districts; and,
WHEREAS, California Government Code Section 65852.2, mandates that cities
permit second units in residential zoning; and,
WHEREAS, the City recognizes opportunities to implement certain
policies and programs of the Atascadero General Plan housing element providing
for and regulating second units; and,
WHEREAS, expansion of the allowable areas for second units is intended
to expand housing opportunities for very-low, low and moderate-income and/or
elderly households by increasing the number of rental units available within
existing neighborhoods; and,
WHEREAS, second units are intended to provide livable housing at lower
cost while providing greater security, companionship and family support for the
occupants; and,
WHEREAS, the City of Atascadero acknowledges the likelyhood that numerous
second residential units have been established throughout the City without permits and
inspections; and,
WHEREAS, the City of Atascadero finds that it is in the public's interest to
encourage unpermitted second units to be permitted and inspected to protect public health
and safety; and,
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
that the following second unit amnesty program is hereby approved
1. Exhibit A: Second Unit Amnesty Program
City of Atascadero
Resolution No.2004-069
Page 2 of 4
On motion by Council Member Scalise and seconded by Council Member
O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll
call vote:
AYES: Council Members Clay, O'Malley,Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: August 24, 2004
CIT OF ATASCADERO
By:
Dr. Ge ge Luna,Mayor
ATTEST:
Al?a4 ��,
Marcia McClure Torgerson, C.M.C.,City 4rk
APPROVED AS TO FORM:
Thomas R. Gibson,Interim City Attorney
City of Atascadero
Resolution No.2004-069
Page 3 of 4
Exhibit A: Second Unit Amnesty Program
POLICY AND CONDITIONS
FOR
REGISTERING ILLEGAL SECONDARY HOUSING UNITS
(Second Unit Amnesty Program)
Policy:
The City Council establishes a two-year period beginning September 1, 2004 and ending
September 1, 2008 for property owners to register illegal second units. Illegal second
units that are not registered during this period must be abated.
Requirements for registration of illegal units:
1. Property owner shall submit an application and processing fee to the Community
Development Department. Processing fee shall be as prescribed by Council
resolution.
2. Units must be inspected for and upgraded to comply with current building codes
and, health and safety requirements. Building permits with "as built" plans will
be required for all illegal second units that were built without permits. The
applicant will be responsible for paying all building permits fees, plan check fees
and capital facilities fees.
Exceptions:
a. Penalty fees for construction without a permit will not be charged.
b. Guesthouses that originally paid capital facilities in conjunction with
building permits shall,be credited that amount against current capital facility fees.
3. Property owners must submit evidence that the unit was legally permitted as a
guesthouse, accessory structure or addition; or was built prior to City
incorporation with permits.
4. Secondary units must comply with the maximum square footage requirements of
the ordinance.
Exceptions:
a. Guesthouses that were permitted by the City of Atascadero or San Luis
Obispo County shall be eligible to be converted to second units regardless of
City of Atascadero
Resolution No.2004-069
Page 4 of 4
square footage provided the existing square footage is consistent with the original
permit.
b. Permitted accessory structures not exceed 1,500 square feet.
5. Where sewer is not available, property owners shall provide engineering
certification that the second unit is served by an adequate septic system on lots of
1.0 acre or greater. Second units shall not be allowed on lots under 1.0 acre in
area without sewer service.
Exceptions:
a. Guesthouses that were permitted with septic systems on lots under 1.0
acres in area shall be permitted to utilize those systems provided the system can
be documented to be of adequate size to serve the unit, be in good working order
with no history of failure.
6. Registered units shall not occupy a required parking space for the primary unit
unless replacement parking is provided.
7. All substandard or unsafe construction shall be corrected.
8. Only structures built prior to June 22, 2004 qualify for the amnesty program.