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83-96 ZONING 1 OF 3
r � r E++frlAEJ1fCE ��) ryr sas300 nit`s;up lyµ e .j U (T.. �• * A'r q k. L y,SrM � 11 '� 1 Illness 3�oung{cl:ildrsn can be i % i a r the t bSelkn of Ipdpnts. " tivnl hoiikhold duties can he gshareclR'he a . n both famines enjoy rode enderice, m utua caneern,.ani� y �' sl aritig as ecotii mica y` a ' possible µ. i other aging organizations, civic leaders, public offir',als, corporaklons which are established and non-profit leaders in providing community Services such as Area �0niS�1P :Agencies on Aging. $UpQR�': '+ a �c©'SA I Housing are: Development (HUD), Room 8$x.8, 451 7kh Street, 5:W-, w CIVI!)N � - BEw rY� ETTIN QP o' ECC)hiG1 Ai, IN art bilit I 1 cot�orn unlfatu Standards lad inaiufactiired, generally dicitafte Ehat ICH O, unit s asserinbl d •rtiod0ar `quare either a fan 1 tructuces of facto to X00 sau' _6cillcllns. >rfflencx units can be a materials allow cbn• ompia•tely WIt�-� etiNlth ane 30, Wo bedroom u equipped with Peek fti size, A5 variety Pf fiausls room, fixtures, ploor ellosen by the occii-� sidera191er lexi�aility in tippearan e and ` pluirtl7s?�i, units ase` Fy1. heatinglcoolin: Y kitchen aril bath �r�� a nCa' decac can lid i d d t pie it r � r E++frlAEJ1fCE ��) ryr sas300 nit`s;up lyµ e pore atEren�Erar4 dui i + if ECHO housing is not Iiermikted in your comrxi tj; you and o"thea s who b�!lle c it should be available ttirl' ;n1W heaver r may need to gather information and develop a broad �+, viraC•menk helix�`s_{ constituency whici supports ECHO housing, For infor- utua caneern,.ani� y �' mation and techn cal assistance, co ritact AARP and µ. i other aging organizations, civic leaders, public offir',als, corporaklons which are established and non-profit leaders in providing community Services such as Area �0niS�1P :Agencies on Aging. $UpQR�': '+ Two federal agentiea which have studied ECIYC the Department of }lousing and "Urban ir-.SU POR7`� �,� . Housing are: Development (HUD), Room 8$x.8, 451 7kh Street, 5:W-, �Nashington, 0,C, 20410, rand the Administration of Aging, 300 Independence Alvehue, S.W., Washington, QP D,C; 2MOL A number of trite or governor's Comms- signs on Aging as well as universities and college's have art bilit organized educational programs to aWst the public in lad inaiufactiired, y Program. understanding' the opportunitlES of this housing p g s asserinbl d •rtiod0ar `quare In 181, California Senate till 1.60 provided that to X00 sau' local jurisdictions, by passing zoning variance, special or conditional use permits, can allow ECHO units to materials allow cbn• ompia•tely WIt�-� use single family zones for persons 60 years or older, not to equipped with exceed 640 square feet Of floor space, room, fixtures, ploor ellosen by the occii-� part and4s, iI],,,-.-u e , in p r acid othersdesi;'n leatures maks ta'7e FCIip tin"it suiEable far the .Erdil oi? handicapped:', i oning, la+ k 'of pi blit nforrstatian, and .concern ' abiiiat charigdA to the neighborhood are the'majoii bar nD riers to tie dewelopirient of ECRU housing. AA Velteves that tieiglibarhrarrds will mnintain their s- Tr \� charactc r anal<preserve t ieir'gtyality `if local ECHO units e provide a temporary residente� or relatives of been amended to accommodate ECHO the property owner, ' Zoninghas 1 y and information, matian.n y guide communities, Their experience be removed from the site when the are na gfollowing you in amending zoning in longer needed .by ,the relative of the owner; your locality. and �at�td.ra t5A7N �. � te+ehVual j Lm'44 ri\ootii: ►tfrNr.a s Single copies of the AARP manual an ECHO housing, zottirig issues and Chic' Coosideralions, are avallable free by writing, Housing program Program Department American Association of Retired Persons 1909 K Street, N.W, Washington, U.0 2004.9 r Prepared lye Leo E. Baldwin, AARP Housing C`:onsultMit CeiiEyn R Miller, AARP Housing Intern -------------- Cr~i l0 is the acronym for "Elder Cottage `Housing bbserved;and "zero" lot line placement be pertnitte' at ap "' + „ e-standing, barrier- side and'back V cm necessary, Accessibility; of. emer- pportuni-ty+ It refers to small, free- free, enemy efficient, and removable housing units that gency e, uipment and personnel should 6lso he , on- ai ,ln+stalled adjacent to.exisking single family homes. in sidered in the 04, ment'of ECHO units; rlVhen possible, ustrtilia, where `this housing ;concept originated, they utilities for the ECHO unit-,should be 'tied into flit sei°- o a nn�vn as grargiy f[ais, °When E.CH6 units are in- Vices of the prmaoo house,.thus minimizing the expense stalled on the property' of adult children, they are no-cif new hookups and trenching. propriate residences for many, elderly parents or other .��� : } •:: : }}, • •} v?.:tiff:: } . : r.: :•ti: }; {:•: {¢ •, :;i . , .•::: r:::•. .. .....• . 41% relatives. ti:a:•}>:: }'v::::.::.}::. :{r ff { �.•;.;: :;a:;{ ' °,, I e or two o •{ti : •:j r•. :l.};.• • •:. F•:::{}}. : : {:ti r '•:: - �C%Ii�,units, (Which are designed for only �}:•:•�:'•}::•}� r .Occupants), can also be installed on the propo'�ty of `the � ti �' r` fr'rrl 1200 ink gilder, hc+riieawner, If ttie large home is too vastly and tti;. s :: lrr 1 iifficulf for the older honleawner to.maintaln, he/she o ran mote into the smaller ECHO unit ."_nd,,arrange for `y.' primary Hbueel. :{}':ti:;' '••} :c adult children or other relatives to live in tie primary ;'•,:�; f ' :'' '''ti }:; !louse, Or, an older homeownof can continuo to live in IM primary house and install, an 8CHO unit adjacent to..............t i� w• ' y: ^i 1i for a younger relative. In "airy case, the tWb familiea : : re expected to ravid suppork for each other and help Mth home lmointenance anZt expenses. }.. %•: ':acs f inM' cy elderly .homeowners are unable because of r•,+ s or personal needs to mtnaln in their large + homes,'but,other horsing and services are scarce and ex- '� pensive, ECHO housing is an affordable option ,for - r , many older persons ,and their families, Compleiel equipped and installed, the estimated cost is abpu. $X$,000 as of mid-798, Taxes, utilities, and niainteiance should average about $1,400 per year, in contrast 1& $3,600 per year for an average free-stan home.ding r, *•• :;a to the thousands ' of Itars AA9P recommends that one of the housing units be owner occupied to help promote family relationships which provide both households with independence, support, security, and companlanshlp, "sto kHO units can also form eide'rly'housing cluster an rangement corporation small tracts of land 'and be leased out bl I s on ECHO HOUSING STANDARD + nori�profik poratioiis, local housing authorities, or UNIT COST MUSING UNIT COSI private investors. These clusters can be interspersed in into the lar er cornmunliy, or the units can be located benefits both houstholds' `yet petinits PP residential areas as idil, housing, integrating the elderly hCHO housing encourages day-to-day su orl:, g the separate adjacent to a health Care 1-kicility to'peovide east access households to t.ha.re meal preparation, shopping, to the elderly at various stages of need, household chores, transportation,- and other daily, ac- fiheamount ofland required to "site" an gCHO U , it, tivities� The proxiMity of the families should result tri EC AC 5_11H7 t'' E'l as w I as setback requiremt!nts, �vilj normally be deker- each, 't`eeling more sedure about property and pers%nal rained' locally: AARP recommends front setbacks be safety, and .less vulnerable in the vent of tin accicient 4. al " an . ssociation a� Retired Persons � X-lausing t'ra�ram � Pragram'beparttne,�ic Amerlc 4 ' t-� .l , t► g r G p r, APPENDI References 1) American Institute of Architects Committee, on Design;, Design, Review Boards: A Handbook for Communities. Washington, D.C.O. AIA,: 1974. 2) American National Standards Institute, .Ince, Specifications for Making $uildings and Facilities Accessible to and Usable by Physically Handicapped People :(ANSI A117.1). New York: ANSI, 1980. Ameirican Planning Association, Planning Advisory =Service: ;Chicago: APA: 3) Report No. $22, The Language of Zoning by Michael Ji Meshenberg (1976). 4) Report,No, b0, Regulating Mobile Homes by Frederick H. Bair; Jrk (1931). S) Report No. 365, Accessory Apari*gnts by Patrick H: Hare 1982 f under b) t rs hiternational, .Inc., BCCA, Buildin Officials and Code Admif►ts'trato i�the r el ,t_.o�les; Ort4 anti. y Nationally Two-Famti Dwelli ig Code. Reco nixed IVlod Chicago: SOCA, 1971. 7) Burchell, Robert,'' i, and Lilstokin-Da.vidi. "Design St, gdards in Oeveloping Areas;" in Sternlieb and Hughes(Eds)j Prospects and Problems. New Brunswick, N.L., Rutgers UY0 rsity Center for Urban Policy Research, 1980. 8) Nutt-Powell, Thomas E., Maanufartured �,h %rates; Making 'Sense of a Hotu ng Opportunity. Boston,. Auburn House Publishing Co., 1982, 9) Rabb, Judith and''Bernar'4, Govd Shelter. 'New York: Quadrangle, '1975w - 10) U:S, Department of Housing and Urban Development, 14'Iinitnum Property Stan- dards ds,for One- and Two-Fatnily Dwellings, Washington; D.C:: t g Govern- ment Printing Office, 1.980. 11) Watkins, AN., The Complete Chide to Factory-Made Hooses, New York: E.P. Dutton, 1980, Related material available through AARP, Housing Program, Progra n Department; single copies available at no cost; Housing Options for :Older Americans Legal Issues in Elder Cottage Housing Opportunity (ECHO)r Restrictions Ott Manufactured Housing Legal Issues in Accessory Apartments: Zoning and Covenants Restricting Land to Residential Uses Legal Issues in ,House Sharing., What is a Fatnily? TABIC OF .:CONTENTS , 4 i1VTRUDUCTIC)N . , , ... , ...... , , , . ,, , . , , . , , , , ISSUES: 1i Size of ECHO-Urn.t. ,; ,, ,,. .6,.;,, ,,.,..s.4. Size of .Lot/Coverage. ..., ..., .. ,,.�',,,,;,..,, , 7 Location on Lot. ,, ..,,', ,' ; ,'.,.,�,,, .., ,,,., ,.. ,,11 Design for Removability...,. .,,�_ :,.12 Occupancy „ .,:, ;..,.,,. ,+.,,:,. ,.,,.>.,;.t..,,,,:_, ,a. ..14 Property Owners Occupying, ECHO Unit. Parking .............:..............,,..,,,,,+, ..,. Access to ECMO Unit:.,,,,,;.,,,.-.: ,,......... v f ,: �.8 .:.,,..,,.,, Cornpatibility,of ECHO Unit with Surroundings. , , . + ... , .... , , .+ , 10 , ,. , ,, .. _ .19 Application Procedure. ...>,,,,,,,;,,,,,,;;,, ...21 Other Considerations, ...,., ,..,.,,,:,� �.,,,,,,,.,.. 23 APPENOICES A.t,ackgrounrd Material ............... ,..,;..:,;.,..::,,,.;......29 B. References Copyright 0 1983 American Association of Re-iiNA Petwns CREI)I`I'� The authors wish to thank those who Panelists at our July 29, 1982, workshop gave, us their time, advice, and other re- at AARP—Nuke Gurnee, ,,planning Direc- sources during; the preparation of this re- tor, Rocki �gl1am,, iV,C.; Carole Larsen, view, including: Planner, Frederick County, Md.; Jay Leo E. Baldwin, Housing Coordina3or, Parker; 'Vice P,resideilt, HOH Associates, St. ' American Association of Retired Persons, Charles, Md. i and Dale Price, Chief, bevel - Program Department and one of this coon- opment .Review, Montgomery County ' Md, try's pioneers in ECHO housing; Genlyn R. ---who 'helped map out t'i,e terrain this re - Miller, an intern in the Housing Program At view had to cover; and AARP, who provided valuable research Mario Zavarella, '`Town "Planner, Wind - assistance, as did personnel x om AAWs ' sor, Conn., who provided practical assis- Resource Center; tance on a -variety of� 'points, as did'many Ruth Schwartz of the California Depart- others. ment of Housing ;and Community Develop- Finally, special thanks to Ed Guion of went; v rho provided invaluable copies of Lititz, Pa,, whose commi,trnent to ECHO local nances in - 1 is recognized by th2�se, who have formatio on the rel gianequally gslat onbn her been as oc at d with him. state; t� Butte County, California, inter Departinental Memorandum TO,, Building Department Staff I.ntended for a maximum of'twop eo- FROM`: Department of Public Works ple 60 years of age or' older and can SUBJECT: Second' Living'Unit be a separate building or an addition DATE: April 27, 1982 t� g xistinS dWellin units .Affidavit. must be submitted with permit ap- In zones where only one living unit per plication. (This procedure goes into parcel is permitted, there are three. methods effect on April 30, 1982). ` or °.exceptions to allow an additional living each at systems, whenthe Health unit as follows, De artment creIn ps sanitation` they will state on clearance forms whether living unit is (1) (1) Ag worker affidavit system -may Ag worker, (2) Aunt 'Minnie or (3) 60-640. If be e used For additional living units in Health Department receives the affidavit a zones,provided Health 'Depart; - with their permit, application`wiil be for- ment can work out each additional warded to the Building Department, (The sewage disposal system. Ag worker department first contacted will furnish. af- affidavit must be submitted with fidavit to applicant), each permit application. 'Building Department will not issue a per - (2)% Aunt Mlnniew-maybe used for one mit for any ~of the`above until the affidavit is additional living unit in tones per- on file or the Board of Supervisors approves mitting mobile homes, for elderly or Aunt Minnie, sick relatives, Requires approval of Board .of Supervisors and Health Yours very truly, - Depa.rtment :must processd plica- a tion and work out sewage disposal Clay' Castleberry system', Director of Public Works (3) Age 60 and 640 sq, ft, size --may be tlsed for one additional living unit of 640 sq: ft. area (maximum living area) and provided Health Depart- J,F, Glandes rent can work out sewage disposal, Chief Building Inspector 3 1) _ PREFACE 'Z he American. Association of Retired (ECHO) is a housing Ia"'?'angemewhichof - an cppiz t unit y ' mbership Persons the nation's largest me is 'helping fers'the older person in 'close proximity to thole 40 can help organization, dedicated to older Americans achieve retirement lives of in- maintain independence ar'ru privacy. An unit is house installed in the dependence, dignity and purpuse. AARP in ECHO a small or yard of an family itWvog encourages older citizens to remain active of airs, `Pr ovicle3 side $ne orting be occu ied by ock home to P people other community and public all level's of who 'benefit from living Close Wthe legislative representation at government, and sponsors serviQss 'to elp :fa The* 'for older persons and • AAPP stretch fixed reti me materials of opportunity ake this their fedliri xo nt is publishes magazines and other interest to older persons, It is a non manor up Is 1S b Hing. thwart Y l 'is to' special profit, non-partisan, educational public ser- view educate the purpose ublhc officials al about, ECHO families P vice organization. AARP receives numerous communica- housing's potential for responding to the of the diverse population of older pe r - ulation tions from the older popregarding face in 'their housing and needs ECHO housing's promise lies in the the cliff culil s they `living arrangements, The home they own or 'sons. fact that it gives older persons and their latitude in providing 'safe, de- rent often becomes less suitable for their families wide its size, location, cent, and economic housing, with assistance` needs because of needs, structural barriers; or, readily'xvaurble• maintenance the burdens unposed financially. 'L&a E. Baldwin 13.1der Cottage Housing Opportunity AARP Housing;Coordinator INTRODUCTION , Tlis booklet represents a 'review of the technical zoning issues raised by Elder, Cot- tage Housing Opportunity (ECHO) units, sgialll temporar3i units placed in side or rear yards to enable adult 6ildren ,to take care, of ag3z7 d ;parents.. The. role, .of, ;local zoning boards] however, is not 'limited to technical tissues+ ,hey serve n -.r Jany ways ,as,,gate- keepers ,for the community. As such, .they ,0tten have to consider questions that go -beyond riarrowly ;defined limits of planning and zoning, In the case QfL ECHO hotisiztg they have to decide whether or not to, let a rtotr:lly, new concept of housing. into' their communities, Only air v. ECHO hornes, de� signed as such, helve Y�fl, n built, and occupied in this country„, Thi: only cle' ;tut l C HO,horxies at this :time is tl lill .be produced 'in .factories rathe, AA, by conventional methods, Mani, ,�.uning> boards have little contact h. factoryrbuilt housing, and What :�, . rt they do h�'Ve occasionally inr voives cu,—roversy. They are going to have to know more about ECHO` housing than haw ,',o zone for it, or few will zone for it at all, Specifically, to protect themselves and their comniunilies they-neerl national sW- dards for ECHOhousing that control such things.,as design for barrier -fine accus, energy efficiency, ability to withstand- re- peated moves, and ekterior appearance, The same standards can also protect and guide consumers, financial institutions, manufac- turers, acid others involved in making ECHO housing a viable option for the el- derly, The discussion of energy efficiency and other topics at the end of this report is included to emphasize this need for national standards, Zoning in principle permits land to be used_in certain ways, ,Vthout too much con• cern for who individually will 'use it,'The use "runs with the land,” regardless of the owner or occupant. Howeuor,, in zoning f6e EC140 housing, a pertnit is given for oc� dupane by -a specific individual or ' dividtials, with the Precondition that they iulI be the only occupants', The unit will be ,removed when occupants no longer need it. This unique usage may make 4 _.possible to eliminate m4ny zoning requirements,, For example, if the occupant of, an 9,C I i0 house does ,not.have a, cart there is,little`need.toxe- quire a parking area,, .A1so, any EQH(J house .for only one orcupanf,can be substan- tially,.srnaller than one for two people, and therefore suitable fox .a.srrialier.lot. w This flexibility, which on , the: one hand �;3ill kielp individual occupants ,keep down the costs of installation for ECHO units, may make it difficult' to communicate to., a .community just,Urhat an amendment to per- znit'CH0 housing xnea> s, ECHO housing Will. involve a variety of possibilities de- pending ;on occupancy. Here again the need f.gr standards arises, if the options are de fined,. described and 'delineated in a set, of nationally endorsed standards that, for ex- ample; cover minimum, square footage fora single -person ECHO unit,, the commuo4 will feel protected., In contrasty without standards, zoning for ECliO housing will be snore rigid, simply because communities want to feel ,ecure about what they are get- ting. The opportunities ECHO Housing can provide will therefore be limited, Finally; many of the ordinances cited :in this review are from Calif&nia, Corn- munities there frequently permit what they refer to as "second units," a term which en compasses both accessory apartments and small separate, units like ECHO houses,. Under these ordinances, however, the sep- arate units are generally not required to be either temporary or restricted to use by elderly and disabled persons. We have none- theless relied. heavily on these California or- dinances because they represent a significant amount of the limited experience we have in this country with the problem of zoning for ECHO housing. 29 _ z � - JSSUE, PA.MNG' Propose , Zoning Amendr-ient; _Hetheti, California DEPARTMENT OF � A. A new,definition: COMMUNITY DEVELOPMENT OPMEN1' Dwelling, Accessory—Shall mean liv- STAFF REP6kT ng gtrarters detached or 'attached, to . the pr<unary residence on .a lot. zoned TO Planning. Commission, for Single Family Use, Said dwelling r FROM: Mark Goldbexg, Director, shall not exceed a maximumof 640 ' Community Development square feet of floor area and shall be DATE: February 3, 19$z occupied by not more than two per - SUBJECT, SENATE BILL 11.60 sons each of whom are over the age of 60. ,. 1. Request B. An addition to the R -A Section 301.3 `The Planning Commission has initiated a (Uses permitted by Conditional Use PC ,mit -- which is referenced in the thange in the Zoning Ordinance to allow other residential zones.) secondary housing units on single family lots for persons over 60. n. Dwelling, Accessory , r. Any other use which is determined II. Environmental Stattis 'by the Commission as provided in A, Negative Declarationis recommended, Section x.000 (Determination as to Uses Not Listed). � III, History C, A..it addition to Section 802,2 Schedule, Senate Bill 1160 was signed into law in of Off -Street Parking Insert below Single Family Dwelling lllin 1981. The Planning Commission on Ja.nu ,ry ' 60 1982, instructed Staff to initiate a change Dwelling, Accessory I the Hemet Zoning Ordinance to carry out _ this bill. 1 space on site in recommending the approval of this IV, Staff' Analysis amendment to the City Council, the Plan - in enacting the bill, the State Legislatt.tre ging Commission shtjuld find that it is con- found that "there is an important need to sistent with the objectives of the Zoning maintain senior citizens in Independent liv. Ordinance; and that it helps to fulfill the ing situations and also to encourage housing purpose of the SEa+,te Legislature to help ' arrangements that re=unite elderly persons alleviate the shortage of 'housing units for and their families." persons over 60 and to help pruvi& rode- The statute allows cities to issue a plan- pendent, but not isolated housing arrange- ning permit for a seco-. d dwelling unit to be ments for elderly persons; constructed or attached to the primary resi- deuce on land zoned for single family resi» Respectfully'submttecl, dences, The dwelling must be for occupancy Elizabeth J. Graff of one. Or two adults over 60 years of age, ;associate Planner and cannot be larger than 640 square feet in sizer I Mark Goldberg, Director, Community Development EJGtMG/l 29 ,c Ja Definition of 13isabifity froom SPrjng 1982 Froposed Zoning Antendanenit Fadaat �ourfy, 'Virgizi (2) Any person permanently and totally disabled, if the to a. person because of app:icatxon is made in reference permanent and total disability, the .applicaHon shall be accompanied n a certification by the Social Security Administratior< the Veterans Administration or the Railroad Retirement ,B.oard, if such person. is certification by any of these agencies, there shall be subzxttted a written PIigible for signed by twa 2 . en declaration �) medical doctors, hce p , nsed to rac8ce medicine in the Thi written COAnmoealtahe to the effect that such ;person is permanentl and to , statement of at least one of the doctors, shall be based upon a physical examination of the person by the doctor. One. of the doctors may submit a writte statement based upon medical information contained in the records n Service Commission which is relevant to the staridards for date of the Civil and total disability, rmining permanent For purposes of this Section, a person shall be considered Permanently disabled if such person is certified as required by this Section as unable and totally any substantial or gainful activity by reasons of any medically determinable in Physical or mental impairment or deformity which can be expected t rminable or can be expected to last for the duration of the person's life p Provided o result in death this provision shall not be deemed to exclude individuals who are however that engage in employment, ,able to seek or x 28 ' ISSUE; SIZE OF Ec 1-I0 UNI --- �__ Reasons for Saze ~-------------_ �eq��'e�ents � ,f Ing, HC iD s Nirnrm are 2zener generally: nthe housrri units +, 5 gP Y building, codes in � local urn l'ro ert �• Standaxd� ,for Tf g u Jurisdictions. #din n . g' and One-' and Truro l�amrl l urrsdiction§, Minim' � y Wellxn s no'w cart- Mixtirxium size requirements are :intended to r 4nsure that occupants hent " de watt t m robin size requirements, b> t these :miniriiizms are among' "the sections io q space ' be deleted under a Proposed c reamlxnrng'oE faro sleeping, "e`bf dei cooking, bathin `and other activities g tl�e standaa�ds, r ly life: "1n ECHO"hobs= ice, as in all' housin a certain amount o¢ The cine_ and T+wo Family Dwelling Code square feet of livrrig y area is Here§sari to tr t o Buildi 'Jfficial and Cade .Aclii finis- atorsa fine, BOLA avoid unsanitary and unsafe conditxoris The `scale of residential develop-1. tfade association; tis mrniri�um� room` ' contai a Which includes size of dwellingunit ' r sxt'Yrla size, and zis ' ert +Stan ose naw irk' 4'he Minimum "Prod' • r to th Y " dards, coverage of the`, to is also very important These include at least one front a esthetic viewpoint. , single ,family $uburbar net .Residents o¢ h`�'itable"iroo of ''180 S ' or zriore; a ;Muni h1 mum of °50; SF for ,the kitchen and a g�barhoods usu- her ro ' oms. A. `dix B �' take great -pride in, the' appearance of ppen' al Ref- 'ences contain MUM o •� 70 5F for° at their houses and lots, and: feel this ,a .. �` the full citations for the P coronet is enhanced , by low density of $ yCStandardsnd the HUD Minimum Prop- Of one acre or ore in areas with'large lots The Federal`Hous` P , the size of the ECHOini ing Administration fol unit will probably be an issue -f concern to for ombin illin size requirerr encs x ideal citizens, living,pace, such as efficiency Having in an ordinance a specific range of apartments, space far 'li,virig sizes for ECHO units will hal g kitchen, and Slee in' areas dining, - P people im- p, must be at least agine .how the arrangement will work in usually about 5i St. One Td the bathroom, their neighborhoods, This should increase ,1,s". manufacturer the likelihood that zoning amendments of ECHO homes produces unite, taut total .0 280, 336, 508, and 720 iP, :permit ECHO housing will be approved, In addition to requirements for width and Existing Size Roguirernents length of dwelling units, some ordinances ECHO units now in plate in Frederick ae ccs s heir height, Four California ord ; Count maxilmums for S , Maryland, and Colerain Town- tures of between 15 and 16 Feet foraccessory struc ship, Lancaster County, Pennsylvania, have and 35 feet for two scot` one story maximum size requirements of 800 and 900 res, square feet (SP) respectively. The state enabling legislation in Califorinra specifies a ReFOMMendatiions maximum of 640 SF for two adults, (A ca Of the California law is in the A PY ECHO housing is too valuable a concept hr f loco Appendix,) to be limited to two-person Occupancy, l jurisdictions in that state have. Requiring uirin Yen so, maximums; for exam le q g a mi Y' s n; a unit of 280 SF is workable. For two ' per- t story ECHOunit would proba}aly iae apron- sons a unit of 400 SF should be adequate. version froi,�.an existing structure such a5 a , Although these minimums may too small :garagerW attachment to a two-story for many communities, they represent an at- principal ' Ca"eMling.; : ECHO units placed in tempt to ;enhance individual choices by not rear yards- should generally not.exceed,,orv� making *snits larger than necessary. It story or x8 ",feet in ;height;: should be remembered,, that for some eiderly The si;. of the ECHO unit �r,ll1 ,lipend on persons,' the ECHO unit will be a. retreat, the numbE-,of occupants, tk:e".siz,? sot the lot I from involvement; with the principal on,which i.-A=s to be placed, the size: .of the xesidelice,,. and nct the total living space, principal dvi�elling, and. tlitr' iocatic, of the A maximum of 900 SF .for ECHO units .ECHO. unit on the. lot. Lot size, and location should work I most moderate density are discussed in the .following 'sections. residential ar6as. A lower maximum such as iii the .California law may result. in units Local iurisdictiong„niay also wish to set a which are too small to satisfy, some people. maximum percentage of the lot that can be if conversion of existing structures to dwell- covered by both dtiprFlli�ng units as a way of ing units is 'Contemplated, on single-farnily .limiting the size,bf the ECHO unit. In this dots, the ' lower max murn may make .this ',-ase, each building p�-mi t application or site impractical. However, a small maximum 'review process Irliust ins; )lve, a field trip for size may be appropriate where density is inspection, In general, however, the public High. A higher maximum site may be possi- will have an easier time understanding the ble on large lots or in rural areas. ECHO housing concept if the zoning ordi- Most ECHO units will be only one story nance includes a specific range of ECHO high so that they can be removable. A two- unit sizes. 6 a unit of ,280 SF is Workable. Fcir two per(, story ECHO unit would probably be acorn sons, a unit of ,400 Si? :should .be adequate, version from an existing structure such as a g i ay be too small ,Althou h I.hese minimums to garage, or an atfr�chment to ;a two-story , for many t;ommunities, thelt'represent a�n at- principal. dwelling: ECHO units' placed in tempt to enhance indivndul choicesa,not rear yards should generally not exceed .one rnaking units larger ;thati necessary, It should be ;remembered iha, for some elderly story or 16 feet in height. The size of the ECH04 unit will; depend on persons, the ECHO unit �nrll be a ietreat the number of occupants,, the size of the lot from involvement with the, principal on whi ch jt -is< to be placed, the size of the rend and not iving, space, principal :dwelling,,,land the location of the maximum of, qW. SF for, ECHOunits ECHO unit on the lot; Lot size and location work. in most mioderate der►sity are discussed in th%�' following sectionsi rhoiild entiat areas: A, lower naaxim,um. such as in the California law maty result in units Local jurisdictions. may 'also wish to set a which are' too small to ;satisfy Foixie. pegple. maximum percentage of the lot that can be If conversion of existing structures to -dwell- covered by both dwelling ;units, as a way of ling units is contemplaFed on single-family limiting, the size of the ECHO unit. In this lotst the lower m6xzimum may, make this case, each building permit application or site impractic��l, However, a small maximum review process mUSt 'involve a field trip for density YAP p yinspection. size may be a ro riate In general, howeveri the public 'where high.t� higher,maximum .'ize may p will havean easier time understanding the ble.on large lots or in arurE►l areas.. ECHO housing concept if the zoning, ordi- Most ECHO,units will 6e only one story nance includes a specific range of ECHO high so that they can. be removable. A 11[wo- 'unit sizes: 6 ISSUE: SIZE Or ECHO UNIT State Enabling Legislation, Caiiforma Senate Bill No. 1160 The people of the State of Cadfforitiu do CHAPTER 887 Mact as follows: ' .An act to add Section 65852.1 to theSECTJQN 1, The Legislature finds and Government Code, relating to land use de8ares thati regulation. (1) Steps must,be taken to,ert ouragethe lApproved by Governor Septernber V, 1981. riled f orre idential unity for..per- with Secretary of State September 28+ 1981.) screation ons over e me LEGISLATIVE COUNSEL'S DIGEST (2) There is a serious shortage! of housing; SB 1160, Mello, City and county zoning' units for persons over the age of 60, single -family residence,. adults. (3) There is an important need to maino 'Under existing law a city or county may,fain senior citizens in independent living by ordinance, designate `various zones situations and also to encourage Housingar= ' Within the city or county and specify flys rangements that prevent isolation of elderly 'uses which may be permitted on the land persons and reunite families, `within those zones. Within such zones the dty or county may condition certain uses or BEC, z, Section 658521 is added to the require special use permits or zoning var.. Government Code, to read, dances for certain uses, 65852,1, Notwithstanding Section 65006, This bill would pmLdt a city, including a any city, including a charter city, county, or issue'a zoning var- charter ty ty Y county, city .and county may ante, special use permit, or conditional use p issue a zoning variance, special use permit, or conditional use permit for a dwelling unit permit for a dwelling unit to be constrtr.cted, to be constructed, or attached to, a primary or attached to, a primary residence on a zoned for a single -family residence, if residence on land zoned for a single-famay residence, if the dwelling is intended for the parcel the dwelling unit is intended fnr the sole oc- sole occupancy of an adult or adults who cupancy of one adult or Ewa adult persons have reached age 60 and the area of floor who are 60 years of age or over, and the space of the dwelling does not exceed 640 area of floorspace of the dwelling unit does square feet, not exceed 640 square feet. 7 SIZE OF LOT/COVERAGE Reasons for Lot; Size%Coverage ;. housing x',560 SF is a typical lot of 60 x 126, Requirements feet hk��i�,, o be' found in a'modest` sub8ivi- As��'tot sizes increase, siting problems The reasons for inclusion of lot size sion. . generally '1 ecrease, 720 SF -was chosen for and/or'' coverage requirements i`ri zoning or- the ECH�',�itnit because that is a large -.size dinance amendments for ECHO housing are elder cottage. 1,440 SF makes the principal practical as well as esthetic. dwelling twice as large as the ECHO unit, One practical reason is that the lot must and is a house -sizeL normally found in a be large enough so, that after the addition of modest residential area: the ECHO unit, there remains usable yard Using Figure 1.: `calculate coverage, we space both for it and for the principal dvv I- aid the sats pie footage of 'the principal ing. Also if the property has a private water 'a -, dwe,. f 1;440) to :that of the ECHO unit and sewer system (usuallywell and septic ,,g (720) and get 2,160. Dividing 2,160 by the dank), any additional facilities required for lot size (7,560) we get 291/o, the percent of the ECHO unit will have to be accommo the entire lot covered by both dwellings. dated on the 'existing lof. : .An esthetic reason for considering lot size . g quirgrnent, like Tucson;, coverage re several other ECPO ordinancegs, compares principal ,p . 16 that a rincr al dwelling with an attached the e to that f Et -HO unit must continue to fit in with the the `rear YOardnonlyS Tucson's rear yard ma* ance of ,the overall appearneighborhood'. or- rmum is 25,01b coverage. ThreeCalifornia or - Existing dot Sze/Coverage dinances set a maximum of 30%, with Arcata describing the rear yard as extending Requirements from the back of the single-family dwelling ECHO housing lot size requirements in to'thereat lot line. (Arcata's provison is in existing zoning ordinances °vary over a the Appendix.) On Figure 1 this would mean broad range, Within the state of California a rear yard of 3,900 SF, Dividing the site of alone, there are minimums of 4,000 SF in the ECHO unit (720 F) by that, we get a Carpinteria and 35,000 SF in Claremont, rear yard coverage of 18%, well be - Some other California. jurisdictions: require low 30%. that the lot be twice as large as the minimum f f the main house in figure 1 were built of requirement for that residential zone, two stories of LAM SF each, coverage of the The Ministry of Housing in Victoria, & by both units 'wou'.d still be less than Australia, originator of the modern"granny 50% and therefore permitted in many tela - flat" concept, requires a minimum lot of 6,000 SF, Tucson, Arizona, has a minimum tively dense residential areas: Figure 2 shows a 900 SF ECHO house with lot size requirement of'100000 SF m addition the same size main house and lot as Figure 1, to a, coverage requirement.. Whole lot coverage becomes 3101o; rear lot Coverage generally refers to the ratio be- g yq coverage by the ECHO unit is 23% , en thesquare cortta�:?edwithin twes feet q buildings on a I to the square ftot, of the Figure a 4,000 SF lot, as per - Carpinteria, California,: with a 280 mined in Gar p r lot itself Usually it is expressed as a percen- SF ECHO unit and a 1,000 SF main house. Cage figure, That is; in'Figure 1, a one-story, Whole lot coverage is 32%0; rear lot dwelling of 1,440 SF and ECHO unit of 120 coverage 22%. Figure 4 contains the same SF are on a lot of 7,560 5F, These sizes were site lot and main house as figure 3, with a chosen to illustrate what will probably be larger ECHO unit of 400 SF Whole lot the most difficult siting Problem for ECF10 coverage is 35%; rear lot coverage 32Oo 7 APPENDIX Background Materials � ISSUESIZE OF ECHO UNIT, .♦.••.i. Y. 26 State Enabling, Legislation, California ISSUE: SIZE OF,LOTICOVERAGE ... J . . . . ..: . . ... . . . Jy,7 Zoning Ordinance,Arcata, Califonia ' 4 ISSUE: OCCUPANCY. 28 Fairfax County, Virginia ISSUto Pfd.RXING.,.,,,,♦..................J......,,;..J.:;,;,.i,,,,, .J. ., 29 Hemet, California ,,J ISSUE, APPLICATION •♦„,,•..;.:,i:••,•;•,•♦Y.,,,;YY=:,.,�,}. ,.,, •.; 30 Butte County, California Y_ �5' i i� `Local authorities must also consider to provide services for them. The answer `n to "tax olio The would appear to be no. By facilitating provi- mother issue relatx g p Y ECHO home' may often be otnmed, by an sion of su iporc l?y ad��lc children for elderly elderly couple but placed on, the .land of parents al "eady�'llving in the community, someone else, :usually an..adult child, Or the ECHO housing will j'Irobably reduce de GCHQ unit may be owneth party, s moving fr n�1 other The'effect ofa communities such, as a non profit corporationand . , Placed parent a on land belonging , fo the principal to live near their children will probably be hameowner..The fact that the ownership of less than this reduction in'demand for ser= the unit is s p ` ation` 'will vary, of course, ` e arate -from the ownership of vices. This situ the land will complicate ;the real estate tax, and might be 'very different in recently, finally, some. local authorities, i , deter=her areas d develop ew y persons where f mining tax policy, will -prob °,,y wonder lived until ECMO housingfew elderlbecame' available. Wl m iffier -permitting EC80 houses will at- In any case, tax policy should not in pri �ci 'r, w:; er► a M of elderly persons and result ple become a basis for limiting 'the mobility in an hcreaied t�eMAMI on pdblic resources of elderly persons. 24 x3 :' SINGLE FAMILY LOT 4000S'f, 50 x 80' Din a gTN(`;T.F FAMILY LOT 4000 SF 50' X801 Recommendat om house may be diffic+ilt, and may result in As Figures 1 through 11 indicate, :minimum too. high a density of development for many` lot size depends on the size of the principal :neighborhoods. dwelling and the ECki.0 unit. In most situa- H6Wever, as -Mentioned in the discussion cions two of these three variables will of ECHO unit sizes; a 280 Sr unit is feasible .already, be fixed. That is, a 7pr0perty'owner for a single ;individual. Small one-person wishing to install an yECHO unit already has ECHO units may work on lots that are a certain sized lot ,and principal dwellingi smaller than 6,,0004,000 SF, For this reason, These in turn are determined by the type of Gx,;ne communities may want to use lot cov- .residential density for which the area is erage rather than lot size as`a basis for decide zoned. The lot size shown in Figure.1, 7,560 ing whether, or hot to permit an ECHO unit, SF, is about ane -sixth. acre, This is a mod- This approach will make the opportunity to erate size lot likely to be fmind in many use ECHO housing available to the largest single family suburban developments, number of people while still protecting Below cne-sixth or one-seventh of an acre, neighborhoods at all levels'. Existing practice or a lot of 6,000-7,000 SF, placement of a indicates that a 30% rear yard coverage 600=700 SF ECHO unit on alot with a larger figure is workable. 10 .:SUE: bTHEW CONSIDERATIONS Energy'Effiiciency for discretionary consideration of conver- Enprgy'efficiency in ECHO homes.ic not a sion of garages and otfier existing struc;i uses, direct coricern of zoning. commissions; but it �I A mi t affect'the deserv,..s mention because it gh Clusters of ECHO.'Housing eommissiofls' decisions to allowECHO up,*ts Some developers have suggested that Wo, communities, The units ,sho,0d be ECHO homes ±be instilled in clusters or on highly energy efficient for three . rye:sons. the grounds of nursing homes or other long- The first .zs to help in,the national:; c%�mmit� term' care facilities; The zoning problems of meat to conserve energy. The se ,ond is to this use of ECHO housing are outside the protect elderly,, inhabitants who may, be adversely affected by rapidly changing „ scope of this revietN4 Cluster ECHO Nous- I temperatures. The third is to° protect the ing"' can be dealt with appropriately under such sections of zoning ordinances as those budgets. of the elderly ,from high heating . , • 'g p ent or hoes- covenn lanned unit develo p' m costs,`Energy efficiency would be most ap- ing for elderly persons. propriately addressed undgr national Stan- dards for ECHO housing, Taxes Ability to Withstand Repeated Moves Some communities may tax ECHO homes Since 'ECHO housing is temporary; it as real property] and some as personal must be able to withstand repeated moves, property, following the existing inconsisten- The useful lifetime of a unit may include cy with which tax law treats mobile homes, numerous moves, It will not be in the in- Where the two tax rates are different, the terest of most communities to permit in- decision will have an impact on the cost of stallation of units that cannot withstand. ECHO housing to 'consumers, It may also 1. such moves. Local authorities do not want have an impact because of the difference in to be in the position of allowing ECHO units the nature of the two taxes: If taxed as real that the owner cannot easily and econom- estate, ECHO house taxes initially will be kally remove. Structuralability to with- lower 'since most states tax only on the basis standmoves should also be addressed under` of the materials that go into new homes, and national standards for ECHO housing; exclude construction labor costs and retail sales effort. In contrast, those components Use of Garage's and Other Permanent of cost would be taxable if ECHO houses are Accessory Structuxes as ECHO Homes 'considered personal property. A corn-pen- Conversion of ekrs6ng structures for use sating advantage, however, is that personal as ECHO homes should be treated under property is generally depreciated rapidly so accessory apartment ordinances which are after a few years a personal property tax a estate tax, would be lower than a real rAdAded to handle ddvelopment of perma- i. nent new units in singlefamily reside:ntiii Another' possibility would. be to treat disHtts: 'Pew, if any, of the existing Attic- ECHO units as temporary structures `which tures that might be converted to ECHO are not taxed in most jurisdictions, This units are likely to 'be removable, Where would 'be particularly appropriate where communities want to permit such conver- communities wanted to encourage ECHO tions but do not have accessory a�artrnent housing development, and would be cons' ordinances, they may want to include in an 'tent with other tax abatements for elderly ECHO housing amendment' some provision persons: 23 of of ,tk•�. health, and other zoning OquiremOnts; by means,of a brief fdavit� A Copy, e should be met by newly installed. EHO` affidavit and per procedures is in App n~ uiX A. Information to be recorded includes units. Once ba`�ic requirements are met, lt'is e occu .ants of the ECHO recoirumended tli;at each loCaliti make its ap the ;names. of the P lication procedure as simple and exile unit and>principal.residence� their relation- E , this will one another, the length of; time for dtious; as Pootib pre ted Frame taking ad ship to Citizens, are no p which the permit is granted,lit ton emo a the vantage of ECbIO arrange s by an apple- meat arty owners' responsibility the 'fiirisdction,;if the'pex- cation procedure that i too cozriplicated or unit or reapply to j mit; is revoked or expires. A principal reason time-consuming; a for recording the conditions of use is toin- ��lic Hearing sure, tYat prospective buyers of a house,, lot, lication will be',placed and ECHO unit are aware that the sh 0 Th a completed � npca of the next regular meeting of unit will °have: to be removed utiles Y on tli g pp� oning board, At.that meeting the board a ry for and ;are granted .a permits the 11 set a date for public hearing .to be held ,Recommendations within •45 days. If necessary, the chair a the VNlhatever, application procedure is set up board may decide. to hold the public :hearing far i}�stance at the first meeting special attention should be paid during the sooner, i lic�itionI In that case licaton process to ensuring that the following rec, r1.pt of app , app trot- public. notice will. be inad�, immediately, ECHO unit is installed as a temporary s e. More's icificall ", +owners musk be able Once the .hearing date is set, the jurisdic- tui y lica J, to remove the unit with minimal expense tion will make public notice of the app i ncernea citizens to attend. and minimal effort in restoring the proper�Y tion in time for cel to its original c onditiun.'This will minimize. Such notice will be mailed , least 5 days enforcement problems for zoning officials.. before the hearing to all owners of property Information requested, from applicants <�,butting the applicant's lot. Notice will also silt of s'iecific and verifiable data be published in an official newspaper of the hould con z owners and occu- near the apph s urisdiction and .posted on or property; its about the canes property at least five days before the • !should also be inexpensive for the pants, It sh . , hearing+ g applicants to obtain; Some materials apple- • zon- cants may use will already be available, 'Within 30 days after the hearing brochures for manufacture, ECHO ing board will makent• decision t se{permait is such as notice to the apple units; "_• ill need to be issued, the property owner is responsible for The ape process w of it and the special condi application strictly controlled depending on having a+ copy • id Recorder of more or less demand tions officially filed with v e. until this is the denHtOy host? ri ny cl thelar juris- Deeds. The permit is no p for EC articu fee is 'required+ diction, Existing local housing, building, done., A. filing 22 r . I 'Ml �A.T OissN NON, 0" Y v uremenks p+ final consideration is p]acet`nent of any fiteasons For Location Iteq �,valls of the ECMO, unik :whcl,haye large Location of the ECHIO unit on the lobs -on issue because of ':existing zoning setbt�cic windows: Such windows si oulcl, face tie ' h. v�*1�i�ch the ECHO unit shares a rac- house w,it �_ requirements', T11ese also: serve both .p lot; `Theyltoulcl not be laced ►ear u boun tpro- ral and 'esthetic purposes: Protect daty line: or overlook g a neighlioa�sdards setback ren�tiixennerits px ert HUD`s 1121nimum rroperty Stn 4 Practically, rpt traffic or P Y; buildings from the noise o£ stn per .ar- an( other authorities have developed com of neighboring buildings. They' p lex, standards for dlskances„ b�tvveen dwell- of to the side and rear portions of Ibis .for ng units depet?lxn ot'size of windows. deliveries and services such as refuse,collec- ecoana neiicl tlo�ns rig, £ire bu ldings AlsO te- o hat necessary° Arad , i tion, ,rnet�ex readi i ical and esthetic .balances. Space Between S � k duces the risk. of a fire spreading from one can$iderations ',can be properly 'dealt with house to'the next. 1 11when loeating the ECHO unit on a `loft the ace between dwelling units Esthetically, -space property owner should subhiit prc�p.osed ,Careful place- • part,of the appllcation process. .g p vacy': site plan as p Ives the occupants privacy'. Ment of an O, ECH.unit can also permit oc1 . The' local authorities Mn J'y ask for a sl etch ants of both louses to use the remaining showing the relationship etdveert the ECHO cup s they.choose; Finally, ;.j, . , those of adjoining pnit s tna�or windciws anc� outdoor space a re ar change's sag where a private water and sewer system icadences The site l nece5� syetch can then use; location of the ECHO unit may depend"be reviewed and any on which areas of the lot have been reserved gested before the ECHO unit is installed. for the Welland -septic tank. For their part, designers and znanufac tuners of ECHO units should consider plat= fiu 1Locatiion TZequirerreents t,g small high windows- on waits likely to Ex�s g Available ordinances do not discuss face neighboring residences. placemenit of ECHO units on single-fam y is in much detail° except to say that exist- Fig'. SIN FAMILY LOT to in zoning setback and coverage require _ 73�.�i%i 'SF; 7,5'' � 971/51 g drawn using Monts must continue to be met. Figurer and 2 'were a 15' ' moderate lot width of 6b feet, length of 126 feet and setbacks of 25 .feet for the front We ax ds, and 2 feet COVERED' SINGLE yard, i0 feet for the std y 15 sF FAM Fifteen feet is shown bei WALKWAY 51 for the rear yard. HOUSE tween the principal dµ'�lling and the ECW (5` x �0 1440 sF" unit. Figures 3 and 4 show lower setbacks; t 6, x 401 still within the range of traditional require- rr►ents. Figure 5 shows another possible ECHO placement of the ECHO unit: on the 10t—at- I-yOU5j tachmat�t to tl,e principaldwelling by a tem- porary tbreef oot-wide breezeway. Dependw ing on the size and shape of the three vari= , abl'es (lot; principal dwelling and ECHO V esult in more yard unit), attachment xray r space for all occupants to en)oy. ISSUE: IC E�,IGN FY REMOVABILITY ' ��;.g�i�'ilx� for Removability cement' block. This type ,may.cast t'�►ice as ;'a�q�,�frements much as ,a timber foundation beca�te °it is time consuming t6;dig the holes iter the Many areas o the courttry�' rural, sabot- piers, while the holes far timbers' cP , drag bane` ;.pa urban, do not yet have zoning by a tractor with an auger, Labor c�;sts are awl jch) permits ECHO housing. ,Amending ,, 4• also" .higher for a concrete,, foundation these toning regulations means gec�?rtg the because it requires the skills of a concrete app'k()val of residents of js1ingle family neigh- mason. ` bothoods? and that approval may be hard to Either of these foundations is , s more g, t 'F�Iany homeowners see zoning regula- tio�s as the first lisle' of defense against economical than .full :concrete pads car con �, ventional footer and block fo=00 orlsx t,.hreats "not only to neighborhood. quality of d Ofurt to lif�;, but also to the security of their largest which take a "great deal' of time an fid°ancial assets. The less neighborhood im- and leave the ,property wc�^�e for ear, r; remove, the more likely w pact ECMO houses hava, Specifications for foundations a„an be th,atzoning will be amended to permit them. found in the i 14ID Minimum ProperG�' :Star,- Removability clearly lessens their impact dards and I30CA One- and Two�ytamily since it eliminates the possibility that they , Dwelling Code, although, neither"' of these will be transformed into hide-aways for deals directly with design for removability. Teenage kids with megawatt stereos. It also all it y her homeowner fear that ECHO oris another will be turned into bunkhouses for Attachment "'tx„tnsfent tenants:” Attachment of the ECHO unit to tl x: grin- Careful attention to the details of cipal residence will often be necesr,:;pry to 'removabilityshould." overcome residents enable easy movement between dwellings in fear that these second units will be perma- those parts of the country with ' ,,,evere nent additions to single family neighbor- "are should be taken so th.-it both g " y � climates. L hoods: Proper ._planning by 'local authorities dwellings suffer only minimal -damag,, y+r will also help property ot�vr."zrs protect the they are detached,: condition and value of tl sir lots and grin- An ECHO unit can, be directly attached to ipal - nforcement, the principal residence ' y means of �n ex of: ECHO residences,un t dreinuval� easier for pandable of urethate f yam, such as Com- themselves. Although design features that p y t orighkallY Wised to priband� This is a produc permit easy and inexpensive removal are not seal dams and other structures in fie'`+markt generally addressed in existing ordinances; which is now available in this c6u,41rY. It there are two primary factors that affect would permit detachment of the M a;�- unit' removability--type of Foundation and at with no damage to "the Main house+ The cost iachment method, of the sealant and the savings from leaving siding off the attached end of the ECKiJ unit Foux�datiQns should balance each other out, ltecentl y pressor, ,treated timber founda To attach the ECHO unit to tf "4 main tions have been used for modular houses in- house by a breezeway, a three-fc yt 'wide stalled both permanently and temporarily. wooden connecting structure can be built t. p p ximately $300 to $400. Tater the These are easy to remo re and inex enstve to fora pro install (about $500). Another type e of re= ECHO unit can easily be detached ffom this movable foundation is composed of piers of breezeway. if siding on the ECHO hou"se x2 v . ISSUE: APPLICATION PROCEDURE • Su ervisors: In ,i,ancast �r County, ':Penn Reasons for gormAl Applicaition p Sylvania, and many others, it is'made to the Procedure zoning board. A forinalapplicationprocedurewillbere- At the`time of'application owners'pay�an red so that local jurisdictions can address quir application','fee and- supply information the'�►ario'..ts issues involved'n the'temporary about the property, usually including a site installation of an ECHO unit. Application last. They also 'agree to abide by any will generally be made to the authority 're pedal �bnditions coaicerning use of the spt�nsible for zoning `in a given jurisdiction, ECIC) ixrit, perhaps "a 7aning board, planning commis- a The next step is generally► administrative t sion or elected legislative body. n will nor- "review, of the application, Four California The ECHO housing application ordinances provide examples of this type of molly be, for a:condit Anal or special use per- review, 1r ,,Zhula Vista' it iinvolves site plan mit, Deal z- jig 'author>ties, have and arch<tectural apprr vol by the Director Many 1 dealt with another type of second unity At - of Planning. In Martinez there must by writ ctssory r tcessory apartments; by this means. Such ' ertnits' are generally a pro nate for land' ten consent from adjoining property owners p g y .p. p : and design review of elevations and Hoax uses 'which, may °have a negative impact if y plans b the Planning Department. In Butte pacific conditions are not -met, County the Health Department works out The specific applicationprocedure a corn an Additional sewage :disposal system fox munity chooses for ECHO ),lousing will de- each second unit; In Tuolumne County pro- pend on the local situation. ''Existing density arty owners submit an application forte ' ` veli meet will be a c6tical p of residential ae 7 : - prescribed by the Planning Commission, factor: in rural areas or single-family drs: along with plans and elevations. tricts already zoned for large lot sizes, the in all four of ,these jurisdictions; a permit jurisdiction may not need to controlECHO is 'issued if the application passes ad *!!!- housing as strictly as in Ynore urban areas; or ones wrtli',mal1 °re�>deritial parcels. In any istrative reviews If it fails to pass --for ex me ple in Mai tine;, if it varies,from the sped case, a balance should be strtick between a conclitior►s set for TrCHO housing—a, hear- detailed application procedure designed to neighborhood. character oriel prop- ing is held before the Planning Commission. protectg . other existing ordinances a public In most erty values, and the needs of homeowners hearing is routine after adm nistrative for a simple, straightforward process that review. Residents of the jurisdiction are costs there little in time, expense, and notified of the hearing date in adequate time complexity, to attend if interested. Owner's of abutting property; in particular, are notified: Application Procedures Although no ordinance now provides for Existing App . ,, � � de provision Whatever the`agency of local government rt it sepms appropriate to inclu y to be t owne s apply expeditedf an emer d hemming p+ocess involved, existing ECHO housing ordi� for thea hcation agency exists trances require that proper y pp., for .permission to install the ECHC) unit: In Yf the permit is issued, the property owner this a plication s is often asked to pay to have the jurisdiction Butte County, California, p made to either the Health Department, the record the conditions of use on the deed. In Building Department] or the Board of Butte County California, recording is done 21 I � y ' i 'ti,c ff� --in Claremont it should pti ate architec- 1CHO units.as t be reflected in accompanying; '�, possible, main roof pitched, of yin le-family `,.house. ,, and _ rurally to they , ., g. �' much as appearance; main body rectae- ,iy;shingled De ghb.oring structure; r ° ' lylaxtiP ,Z it s1: Mulct shoe ,conTin aular not , toa narrow, exterior walls of , i�vood appearance anal com- .»-in with . neighboring homes, in co14, , and.. an masonry plete�ly enclosing the founuation, ovoa1L Pf- - building materials. Corte �Madcxa and in, Marin County f'ect.similar ui scale but riot too similarin ap- s _111 it should show. appropriate. scale, form; �gnl" �pearance to neighboring houses; ,41-nd no .. r lors - r colors, ` height, material"o, color and landscape M These, last, two jurisdictions are the o y ., wei . o' t ,orc�amenta- t• rdr ion,, .. " iry exterior finish. F on with available t�rdinances requiring �decomrxtiendat Gns . sin revie le ,for new construction. formal de.. g _ the e often set u in l Design review boards ate ` , p } In Chula Vista and Martinez, .California, site plan ECHO housin g a undergoes asso�ation with zonin colhin�s scans to i i _ . , $ ,, since he administrative review uy the Planning owever, make esth CtllC deC1S10n5. H , issue 'here' is cnmpatlbility with 'ex Director and the Planning lUepartment main is'ting structures, the esthetic 'decisions " respectively: Texts .and manuals, on residential design p should not be that complicated; The ri- con ern is That the ordinance reflect for compatibility with existing surroundings mazy the. principlr� of compatibility, an:cl that the emphasize exterior appearance, proper Pro' visual organization, material ' applicant for an ECHO house permit pro- the exterior of portions, usage and texture, scale, simplicity and vide adequate information on unit SO that the ;Luning board or other restraint, and colon More specifically, they detached homes the 'body can U16 confident that h will fit into its ittdi^ate that most U.S, share the following attributes which should surroundings. I Watkins, ;Ref, 11), App, 80fpp, 9444 �a , $air, Rio,4), App, Bq pps 74, �Q 14 ISSUE. OCCUPANCY' Reasons for Occupancy Requirements p Y�1 Another issue some may raise with As mentioned earlier, the Iess ne ghbor- regard Ito occupancy restrictions is the question of hood immict ECHO houses have, the more likely i 't that be ,what constitutes a family relationship. An ` def inition j�persons i,i Zoning- :will ulei amended to acs eptable o£ family is permit .them, 'Although ECHO , units will Ielated to ane'another through blood, mar- clearly have some impact simply because :they ere visible, likely ' riage, or adoption." ,there ire not to be ECHO that. many ECH.:� 11i1its in a, single; neigh- existing Occupan,_ .iequipments z boyhood s at Any vVen� time, . particularly Existing ECHO housing ordinances re- sinci.;they :;-ill be removed after use; quire that the owners of .record live in one of Even so,"fears a W nex hbor impact. the d ellings "the property. Many` or- generally result in ECHO llhoad housing being }an y relationship, b dinances re uzxe a family relationshi be- q restricted to the elderly, alffiou h it is ev g dent that it could also benefit other groups. - tween the owner, and of occupants. Thealso. rEt!sire 'that the `,occupants The PlanningDirector of Rockingham, of one of` the dwellings, y dwellin s; usually t Enit, be el - �$ North Carolina, as developed North eloped a zoning or- dinance which use of homes derly, This means aver 0, 6 ,Oar 6S years of permits mobile as ECHO houses for divorced daughters and age, depending on the ordinance. In the Few exceptions to this age restric- their children. This allows children and tion, ECHO housing is permitted as a means grandchildren to get support from their of providing support to non -elderly family families without giving up theirinde- members, In Frederick County, Maryland- pendence or identity as a separate house- hold, The ordinance gives legitimacy to Belvedere, California; and Colerain Town - Lancaster a PractiCke that had evolved in neighborhoods ship, County, Permsylvania, non- elderly family meznl ers may occupy ECHO where zoning was not strict. Similarly, some units if they are disabled, physically Nandi. California ordinances open up the option to use 8040 housing for all age Capped, physically or mentally incapaci- ;groups, this ntri,nr however,likely that toted, or otherwise seriously ill, A: proposed tonsing aendn ent to second units` in only rural communities will Fairfax CountyVirginia, defines disability permit unrestricted use of ECHO homes, re- as being eligible to receive Social Security gardless of whether or not they are mobile homes disability benefits or, more specifically, or converitional in appearance. in most communities, ECHO housing will be ", , ,, unable to engage in any substantial gainful activity `by reasons of any medically restricted to elderly family members, This i a determinable physical. or mental impairment or ermiab, occupancy restriction based on ago, unlike , , c y deformity copy of this scctio.n of racial or other types of discrimination, the draft ordinance is included in Appendix Bi should not be all considered a "le sus "legally suspect , Finally, existing ordinances restrict oo,� category" of discrimination when used for a "permissible legislative purpose." At best, cupancy of ;CH0 units to one or two adults. disabled family members may be accepted as a relatively small additional user group, and perhaps elderly persdris not directly re- Recornihend.ation8 lated to the homeowner, This` particular modification. zy being inks considered in The following quite Conttnon occupancy requirements for ECHO housing should Australia, work in most jurisdictions, 14 ISSUE: COMPATIBILITY OF ECHO UNIT WITH SURROUNDINGS Reasons Issue is oi" Concerny well as exterior appearance so a the urirt car, Unless the general public can beassured be altered, at the consumer's choice, to repli� khat ECHO units will be attractive additions cate the siding, window details; roof pitch, to existing single-family neighborhoods, materials, ar�foundation appearance of the they will usually block ,4f6rts to amend large nlajorhk of single-family dwelling local zoning . to permit heir installation. types in the IGountry, Even where zoning re dations' allow ECHO�'�t the s4ine time, g focal juds' di�c(ions housing, property owners are likely to try to shoia� include in 'ECHO housing zoning block any installations in their neighbor- amendments strict design review of eiterior° features as a hoods unless they are sakisfied'that Ehe units precondition to receivin zon�- ,. will not be a esores. mmaar disthiction mg, Fermits. must be drawn in the mind s of property "These actions willlitsure that, as average owners between ,ECHO units and standard horneo*finers are increasingly expos ed the mobile, homes which are usually viewed FCHO concept and' what it hast ineant'in W i. - i with distaste in single-fazmly neighbor- other communities, they Will be `reassured hoods. Mobile homes also are designed for That property owner interests are protected, permanent'installation on lots while: ECHO Although the legitimacy of having zoning units are intendedfor temporary ,placement commissions 'make esthetic fOgments is and removal after use, Like- mpbile homes, often questioned, their power to do this was ECHO units built by companies which established in print le , p by- the Supreme> specialize in their production are factory- Court in 1954 in Ber'rrtan v, Parker, In prat built, but they are of conventional construes tare their power is limited by the need to kion with demonstrated durability during provide clear, and equitable design review removal or structural stress. - - procedures as a basis for decisions, Without To avoid the problems that will invar- such procedures local zoning boards are .ably arise if property owners assume that liable for lawsuits on the grounds of uncon- allowing ECHO housing will open up their stitutionally limiting the rights of property neighborhoods to mobile homes, the major shiners, This may be particularly true in institutional. groups involved must take states where design revio1 itt not clearly several important steps: First', :the manufac- spelled out in zoning enabling, legislation, tured housing industry (which produces mobile horses) should identify ECHO hour- ing as a specific type of structure. Next; it Existing Treatment of issue should develop, in coordination with aging Among existing 'ECHO housing or associations and the federal government, dinances, many require submission of floor high standards for what be called ECHOO plans, elevations and site plans as part of the ,{ units. Finally, it should enforce these scan- permit process, ,-,e sit CajYo .dards aggressively, F Of the; , rl;�ia ori The skar►clards should p antes anclude descr Dons of features the din 10 •• � � uld not display; ould cover all ECHO E040 unit should or �sh!5 homes, factory -built, assembled on-site with - In Belvedere it should not reduce neigh- panels (prefabricated), or, "stick -built," bors' privacy or oth8rwise constitute a They should cover design features fo el- nlaisance, derly and disabled persons, energyeffi- p' `h In Carpinteria it �, ould be compatible eiency, portability and overall quality as With adjacent residences, 19 ISSUE,:` ACCESS 7R0 ECHO' UNIT Reasons for ej ccess 'ttequirement and a maximum lotslope of S �Y6 . The 14UD Even where the ECHO unit is attached tQ Nfinimum Property standards also recom- the main house, it should feature separate mends maximum lot and path slope of s% access to the rear `yard, Traditior.ally, such Among its other re'commendat ons for 41- i+ccess has been` required for reason's of fire derly and handicapped persons 'is that there safety. Were the occupants of the ECHO be a distance of no more than 700 feet from' unit are "elderly or handicapped,. access regi iremeots refer to adapting the site to dwelling unit to parking. De,a'led °specifications about parking facilitate inobiiity. The entrance to the spaces and. 'necessary modificadons for ECliO uili should be accessible for wheel- physic. -illy Handicapped persons are con- +chairs, str ytchers, and persons. using walk. tair�ed� n .ANSI,7.x7.1-1980, ptiblished by the Amit can Na(� ial Standards institute, htc b ai.:i without going through the principal dwellir�, , see A -., ettaix for full cit � PP tion). y Such access is important not only for'the p ; ; a elderly' occupants of ECHO units,,, but also for friends who may wish to visit them in I�ecorrtm►endations their new homes. An elderly woman in '.; EC8units should have paths and open Lancaster CCU`nty, Pa., for instance, moved 'yard space suitable for wheelchair and; into an ECHO unit on the same lot with t�,e ,stretcher access. If applicable, they should ]home of her adult children. 5Ihe has no also have walkways which are level and mobility impairment herself, but 'when she smooth enough for use by Handicapped and moved into the. ECHO unit, she installed a Risabled persons. Walkways should be ramp from ground to entrance level, This equipped with handrails if necessary. Ramps enables her friends who use wheelchairs. 'ton'Zay be installed at entrances, - enter her home more easily than they could=II in traditional house, Any` adaptations for access may hip expen- when shelved a s We. They will also vary in usefulness djepending on the needs of the individuals in- Existing I`kcess Requirements vt�lved, Zoning boards 'must make their Chula' Vista,'' California, requires direct diiasions on 'a case -by" -case basis. Adequate access from the ECHO unit to usable open information to make such decisions should space area of a minimum of 600 square feet, be included in the application for permit. i 77 ISSUE: PROPERTY 011 VIARS OCCUPYING ECHO LTA' Reasons Xssue Is of Concern owners to rent the principal residence'to an , Rea = unrelated family could make the ECHO ECHO 'housing a- it has 'informally housing ogtion available to more retired " developed has usually involved the property persons'. It would'make it possible for older owners remaining, in the principal `residence, eo le wvho value their own into with family members occupying the ECHO 'remain in their own honi�y and maintain unit, However, rehired persons often could their ties to religions institutions, friends► take advantage o� ECHO housing's afford- neighbors, familiar doctors, lawyers and ability, barrier-fiilee design and contem- other service people. a porary comforts tty moving into the smaller 15 units themselves, Rental income from their Txisting Treatment of Issue larger houses could more than cover the costinances of the ECHO unit, The larger houses could None, of the in its entirety. Two ofthe then be occupied by families with more need with this issu only that the for the additional space, Also, ECHO units California jurisdictions require. persons with p he dviwelling can make it possible for elderly p property owner live in one of fired znobilit ► to avoid the limitations units on the lot, Several permit the ECHO impaired `n'1e family homes, such unit to be rented. The government of Vic - common to many sig Y Australia, is considering making as upstairs bailhrooms and washers and toranny Mats available to elderly property dryers in baseinl!nts. owners on their own lots, with principal The families which occupy the larger residences occupied by tenants:' houses might be headed by the adult chil- dren of the retired homeowners, but not all ,Recormmendations retired persons are fortunate enough to livereni Each jurisdiction considering ECHO Additionally, all m.em- HO near adult child of different generations do not share housing should tailor occupancyrequire- bets values and: lifestyles 'that would inents to what is acceptable. in that com- similar me cases this may positive munity at that time. In so make living in such Proximity a Parents and children also tend to at first preclude pr s on their own lots and make emotional demands on one another pY in .ECHO urxt g and sometimes have unrealistically high exp- re tige oss b eprincip�l however to tenants. Wherever p r, we, recom pectations of each others' behavior,e of ar retired persons would probably like a ement be ina that, ncluded inthe original nal ~oning to Some ECHO units but do not have or g willnot ve n ' + choose the option of their adult chip, amendment allowing ECHO housing: dren living in the main house. These individ uals should not be forced to struggle along A similar arrangement is found in ordinances paying for taxes, utilities and maintenance permitting accessory apartments to be Installed in on their retirement income. Nor should they 5i,ag1e-family houses, That is, homeowners can live in use '6 be forced to sell their homes and move out the apartment and "rent the main part of the eridix B, of their neighborhoods, Enabling ,property non=family+ members. Hare; Reference 5), pp 1 X 7UE: PAI IN, ~Ite uirement bedroom; otherwise follow existing coder iteasons for Parkins, g 9. One concern that ,is often expressed when. Corte Madera one for ECHO unit if One there is public' ;discussion about adding sec bedroom; two ,for EC;I aC7 unit if'two or more nei hborhoods is or prir<cipal residence. , bedrooms; wo ' `g , k and units to single-family.tw.o for each dwelling. Madef"A County' - , parking. People .are afraid that occupants .of nl the I-iernet. ordinance applies second units, will bring one or two Of these; Y automobiles with them, just as occupants of prianarily , to ECHO) units fox elderly per" principal residences do, Even if tie principal sans, The, other .four: assume the second -street parking► units may be 'occupied by younger persons residence already has off most lots cannot accommodate one or two, more likely �;o'sown and 'use their own 'cars more cars, 'If there is no existing off-street, on, a regular basis. A copy of Henneer pro - parking, one.or two more cars on the street posed zc;rang amendment is. in Appendix A. in, front of the principal residence.may make Itecomn�eztdatie�rts an existing crowded situation worse: Ex- : seem necessary ar prudent to cessive on-strer�t 'parking may represent an ie.udeea property owner to provide addi- f „ practical hazard to street traffic, an ti nal off-street parking for the occupants) esthetic eyesore to some citizens: o f an ECHO :unit. Since the unit is. intended In the case of ECHO housing, howevert parking should not be a critical problem. tc be temporary, such a requirement would result in a large expenditure for only a sho' t ECHO units are assumed to be installed for : r • b elderly disabled period of use, thereby discouraging many temporary occupancy y . owners from trying the ECHO ed persons, `These property or physically handicapp p concept. It will. also generally end up mak- concept. I very often do not own a car or, ing them pave part of their yards, to the if they, are elderly or disabled, .may rib detriment of the neighborhood. longer drive it. If they are choosing to live in 'There will be cases, however, in which the an ECHO unit because of the support they provision of off-street parking will be can receive from the occupants of the prin -- ' al residence, transportation will probably worthwhile: One is when the occupants) of cip the ECHO unit have quite a ! ong life expec- be one of the forms of support available to tan and; therefore, the'cost of installing of the ECHO � Another is when occ ants to be them, thus negating carr owners. par, '.ig might be justified p the occupant 'of the ECHO unit is a Ives - cally handicapped person who drives a uarements s ecially equipped vehicle; Exiting �'arkirig Reel � In that case pro - Most of the California ordinances address p a ,air access to vision can be made for wheelch parking for ECHO housing: Three+ do so and from the ECHO unit: This can be ac - within a general diocussion of neighbor- coimplished by widening or lengthening any hood impact by stipulating that there be no ming Such as a driveway or excessive noise, traffic or overloading of existing dwa k p• sties, Five others require that Local jurisdictions may be able to con public facil parking be adequate, sufficient, maintain re- the individually rr for each `ECHO , pactors to consider quired setbacks if located on the lot, and application : otherwise meet development standards. are the needs of the ECHO occupants) and pinally, five ordinances specify numbers of the existing parking situation on the par - parking '"spaces; ticular lot or street: Proposed parking for Arcata one for ECHO unit the ECHO unit, if any, should be included by the local Hemet - one for ECHO unit on the site plan for review Martinez one for ECHO unit if one authorities, ♦ I ORDINANCE 1110. '- 1452 di'fied ORDINANCE OF THE CITY• CKNICIL • 3 OF THE CITY OF AMENDING TITLE 19 QF THE C1 CF�TCO �� 4IC0 r1U��ICIPAL CODE ENTITLED LAND USE REGULATION" LE 4 , 8Y ADDING CHAPTER 19.09 THERETO; • REPEALING CHAPTERS' 19.10 AilO 19.12; REENACTItrG CHAPTERS ��. 0 AND 19:12; AND . � AtfE;IAN C CERTAIN PROVISIONSHHPTERS . CHAPTER 19.02, CHARTER 19.22, CHAPTER OF CHAPTER 19.43 X9.42, AND 6 6E' IT ORDAINED by t1be CitY Council of the Cit, of , ♦ Y Ch"'co that 7 entitled Title l9 led "Land Use Regulation" of the Chico Mun' • �cipal Code, 8 be follotUs: amended as . 9 1, That Section 19.02,040' entitled "Establishment • 16 and designation of districts or zones" of Chapter '9.p2 entitled "Genera . 11 _l Provisions of Titl entitled "Land Use Regulation" 12 of the Ch'co Municipal Code is hereby amend to read as follows, N ' 13 '119.02.040 Establishment and designation f`str dicts �•�Hua -� -311 14 �. or zones. Several Classes Of general districts cts •' jUNCIL or zones Within the city are her c,c 15 established rind designated as fiollos,rs .� DE,. C. Mane 16 R-1 - Single Family ResidenceDistrict » tcoc_ 17 (RD -1 -LO'W DE1•ISITY RESIDENCE DISTRICT ACM• arc,m �_I8 TW9» , h.EDIUh1 DENSITY Residence District C e.`::� 1• R-3 - ;alti sle- IjIGR, DENSITY Residence dstrictw •�+'z��r,r,� 26 R -P - 'Multiple Residence -Professional ' RoaCP *, Office District,, `race. " •p,.,;- 21 rs , N -G Nei ghborhood •commercial District -- C- Gent ��1 .• C commercial District . -• z f� Restricted Commerglal District» � , 7 ', 24 General • Conant f ercaaI District Planned Development Dis;.rict i xG P-C" Planned Connun `ty 0:1strict i "` 444 M, • �� _ i . 3 1 M-1 - Limited Manufacturing District f 2 M-2 - General fianufactur'nq District 3 P -Q Public or Quasi -public Use District d R, -S''- Suburban Residential District 5 OS -1 - primary Open Space District •. 6 OSS -2 - Secondary Open Spade District 1 U - Unclassified 8 R -M - Residential Manufactured Housing Combining District: ,9 2. That Subsection A of Section 19:02.130 entitled "Architectural Contr 10 of Chapter 19.02 entitled "General Provisions" of Title 19 entitled "Land Use 11 'Regulation" of the Chico Muni ci pal Code it hereby amended to read as follows:, x . 12 "A `When an application i cati on is made for a building din p• g permit to construct any build 13 or structure, or addition thereto, or to remodel externally any building j-` 14 or structure in any commercial or manufacturing district, for multiple .4 . 15 residential projects containing more than three units and IN ANY RESIDE 16 TIAL 'DISTRICT, FOR professional office buildings in R -2 -and ANY R -P OR 17 COMMERCIAL 0R t•t,AHUFgCTURI,iJG districts, and to place residential mahufact 3� y r 18 housing on a permanent foundation in a R-14 combining district,, such app'l t 12 tion shall be accompanied by architectural drM Inds or rende,�.ngs, Thes i!- E 20 drawings shall show a site`plan, elevations of the proposed building or "_ 21 structure proposed landscaping, other treatment of the grounds around 22 such building or structure, and off-street parking and loading faciliti 23 ' 3, That Section 19.02.150 entitled,"Soundproofing" of Chapter 19.02 24 entitled "General Provisions" of Title 19 entitled "Land Use Regulation" of t 25 Chico MunicipalCode is hereby amended to read as follows ' 26 3 t 1/15/82 rz^ 1 "19.02.1,50 Soundproofino. h 2 Al 1 public ut l i t facilities instal l ed or constructed in districts R -S �c s Y` pt�Vr i 3 R.-1 RD -1 R_ ! R-31 N -C, :or R -P, which during operai on create , noise or sounc 4 shall be constructed or installed in soundproof buildings or stru t S the opinion of the planning commission such type construction o uses when is required 6 e iminat e noise or sound disturbance in the operations of such installations:' 7 4. That Chapter 19, 09 is added to Title 19 entitled "Land Use Regulatio 8 of the Chico Municipal Code to be entitled and read as follows; 9 °tCHAPTER` 19.00 14, RD -1 LOW DENSITY y 11 R.' SIDENCE DISTRICT 12 SECTIONS: 13 19,09.010 REGULATIONS GENERALLY 14 19.09.020 PURPOSE • 15 19.09,030 USES PER14ITTED i 16 19.09;040 USES PERMITTED SUBJECT TO USE PERMIT i i 17 19.09.050 MINIMUM LOT REQUIREMENTS 18 19.09 060 HEIGHT REQU!k8MENTS l 19.09.070 YARD REQUIREME14T5 20 19.09.086 PARKING REQUIREfiIENTS • ji' 21 19.09.090 FENCES, SHRUBS AND PLANTItl' 42 19.09,100 ACCESSORY 'BUILDINGS r 23 19.09.010 REGULATIONS GENERALLY 4 THE PROVISIONS OF SECTION- . 19,02.010 THROUG`" 19,02.190 OF THE COD ' C ARE { 25 MADE APPLICABLE fi0 ALL RO-1 DISTRICTS.:, SUBJECT TO THE SPEC IEIC- PROVISIONS OF. 7 i + 26 TILE FOLLOWING SECTIONS, �U46 CoPl • ennino Comm' JUN �, 83 or�v�►in, �alf�vn r 1- 19.09.020 PURPOSE 2ME RD -1 d�rI�SITY RESIDENCE TRICT REGULATIONS ARE INCLUDED IN ,�_ 31 LAND USC REGULATIONS TO ACHIEVE r IE E AIS _ , E ..i VE THE FOLLOl�lING PURPOSES;: . 4 A• TO PROVIDE AREAS OF L014 DENSITY RESIDENTIAL gEti ELOPPJE,j1' �, 5 THE GENERAL PLAN, =;NIGH ALLOIJ 'A VARIETY I . `� COP,.,,ISTEN7 WITH 6 g•' . ETY OF D14ELLING TYPES; TO PRESERVE THE CHARACTERISTICS of EXIST 7 C• TO PROVIDE OPPORTUNITY FOR BETTER UT INC"NC RESIDENTIAL NEIGHBORHOODS, .. UTILIZATION OF EXISTING RESIDENTIAL BUILDINGS IN A l,S4NNER COhPATIBLE 14IT}{ D• 7Q PROMOTE ENERGY CONSERVATION' lf1r1 DENSITY RESIDENTIAL USES; M AAA EFFICIENT LAND USE IN RESIDENTIAL w DEVELOPMENT. 10 11 19.09.030 USES PERMITTED. 12 y FOLLOWING USES ARE PERMITTED IN AN R D 1 DISTRICT; 13 A. USES PERMITTED IH' AN 1Z-1 CIISTRICT AS SET FORTH IN S8CTION 19.0$.0 14 TITLE; 20 or ' - ,15 B ONE DWELLING UNIT PER FULL' 6000 SQUARE FEET' OF 16 C. GROSS LOT AREA: F IT IS ;�E""11TTED ON A to' p � � 17 SE�.pND D4fE1.LIt�G Ut4 F ..._ ONLY IF SUCH UNIT HAS A -GROSS FLOOR AREA N LESS THAN i2,Q00 SQUARED NOT EXCEEDING 640 SQUARE FF['( 18 THEN THE SECOND UNIT IS fJOT LOCATED"' WITHIN 1� CONSIDERED AN ACCESSORI'-BUILDING Its A MAIN BUILDING, IT SHALL DE AND SHALL BE SUBJECT TO ALL R 2U OF AN ACCESSORY BUILbIN8.' , EQHIREt1ENT 21 D, PRIVATE GARAGES, ACCESSORY'BUILDINGS AND USES INCIDENTAL TO T118 RESIpE,yc 122 E^ NO PROVISION OF THIS SECTIOtd IS Tp B 23 COMMERCIAL U5E'„ INCLUDI, _ ANY E CONSTRUED AS PERMITTINGNG THE STORAGE it CO,r,ftERCIAL VEHICLES I N EXCESS 24 ONE AND ONE 1�ALF_TON CARRYIaJG CAPACITY -0 2$ VEHICLES. : EXCEPT PRIVATE PASSENGER TYPE r 26 19. Q9,Oq(1 USES PERMITTED SUBJECT TO + USE PERMIT 1 1�j N 1 r i THE FOLLOWING USES ARE PERMITTED L'N AN RQ,, 'f 2 GRANTING OF A USE PERMIT INEAC 1 DISTRICT, SUBJECT` TO THE 3 A. USES PER H CASE; , TED IN AN R;1 DISTRICT AS SET OUT i�' SECTION 4 TITLE; 19.0$.030 OF Till / CONVERSION OF AN EXISTING RESIDENTIAL ST 6 RESIDENTIAL UNITS 14 EN SUCH CpNVERS RUCTURE TO CREATE TWO OR MORE A MANNER AS TO COt�1PLY QN CANNOT BE ACCOtPLISNEp IN `S 8 WITH SECTION 19.09.030.8 OR SECTIO UCH THIS CHAPTER„ NJ 9.09.030.0 OF 10 g 19.09.050 MINIMUM LOT REQ UIR r , EFfENTS. THE MIPJihlUhM LOT REQUIRENIENTSi IN AN it A,MINIhfUh+ INTERIOR LOT WIDTH, S RD-1 DISTRICT ARE AS FOLLOWS IY,TY FEET 12 a- MINIMUM AT THE FRONT SETBACK LINE,s INTERIOR LOT AREA, SIX 13 C• hiINlttUhM CORNER LOT {iID l 7F(OUSANo SQUARIr FEET. ' TN' SEVE1JTY FEET AT THE. FRONT SETBA • � D. 111NImUt•M CORNER LOT ARE t _ SEVEN _ CK LINE; _J THOUSAND` SQUARE FEET;- '15 E, tMINIMUtr OF FORTY PERCENT OF THE LO I6 EXCEPT THAT THE S►J,4FAC T AREA SNAL► BE LANDSCAPED OPEN SPACE IT E A[�Eq CIF A PERttANENT Si-1IMp9ING POOL OR UNCOVER • PATIO MAY BE INCLUDED. TO tE ET T88 OPEN 51 C ED A E REQUIREM"t.NTS 18 19:09,060 HEIGHT REQUIREMENTS; THE AAXIhfUH HEIGHT REQUIREMENTS IN All R D 1 DISTRICT ARE AS FOLLOIJS 20 A: FOR MAIN BUILDINGS, THIRTY'-FIVE FEET; 80 FOR ACCESSORY 8U;ILDINGS, FIFTEEN FEET i22 19.09.070 YARD REQUIREMENTS: 23 THE FOLLOW ING YARDS ARE REQU11ZEL? xa A ,r�J1K Rfawl pISTRi J FRONT YARDS: t41NIt.MUFfi REQUIREa CT PROVIDED THAT WHERE FOUR OR, 4, MORE LOTS iN A aLnCr; HAVE BEEN °� g 26 Ji 11 8UILDINGS$ THE MINtt.MUh1 rRON't YARp sttAii BE THE AVERAGE of Tilt rt�r:�t��VIrD r� �5 LOTS IF LESS THAN THE RLQUI.q i ti 1 TVIENTY FEET, BUT NOT LESS THAN FIPTEEN FEET; " 2 B SIDE YARDS. MINIMUM REQUIRED,- F VE FEET ON ALL LOTS, EXCEPT AS FOLLOWS, 3 1. THE STRELT SIDE YARD ON' A CORNER LOT SHALL BE NOT LESS THAN TEN FEE] 4 2. A ZERO sIDE, YARD IS PEr;D1ITTED ;WHEN TWO ADJACENT LOTS ARE DEVELOPED 5 WIril A UNIT 144TH A C010'1014 WILL LOCATED ON THE COMMON PROPERTY Ll(!E ANC T 6 OPPOSITE SIDE YARDS OF EACH LOT SHALL HAVE A MINIMUP1 WIDTH OF TEN F. 3. A ZERO SI'DE ,E YARD IS PERMITTED ItHEN TWO OR t�iORE ADJACENT LOTS ARE 8 ', DEVELOPED A` AS UNIT' AIYD THE OPPOSITE SIDE YARD ON THE SAME` PARCEL, H 2 MINIMUM WIDTH OF TEN FEET AND THE AD001NING SIDE YARD 'OF ANY PARCEL 10 ABUTTING SAID ZERO 810E HAS /l MINIMUM ITT DTH OF TEN FEET. WHER " 12 AN ABUTTING PARCEL Y'S REQUIRED TO HAVE A MINIMUM SIDE YARD SETBACK 12 TEN FEET, SAID SIDE YARD SHALL-BE RESERVED AS OPEN SPACE BY EASWEN 13 DEED RESTRICTION OR OTHER INSTRUMUIT°APPROVED BY THE CITY ATTORNEY, Y 14 C REAR YARDS,. FOR MAINr BUILDINGS, THE MINIMIUM REAR YARD SHALL BE FIFTEE14 15 FEET; 16 Q OPEN AREA, FRONT AND STREET SIDE YARDS' SHAT L BE I-1AINTAINED AS OPEN C01' . - 17 AREA FOR RESIDENTIAL UNITS ON THE SITE.% l8 19.09.080 OFF-STREET PA-AKI14G 19 OFF-STREET PARKING 1:N AN RD-1 DISTRICT SHALL BE PROVIDED IN AN AMOUNTN K 20 LESS THAN THAT SET FORTH IN THE REGULATIONS OF CHAPTER 19.43; 21 19.09.090 FENCES, SI1RUBS AND PLANTINGS. 22 FENCES, SNRUBS AND PLANTINGS IN AN RD-1 ibISTRICT SHALL 8E PROVIDED IN 23 ACCORDANCE WITH THE PROVISIONS OF SECTION 19.02.170 OF THIS TITLE; 24 19.09.100 ACCESSORY BUIL,":NGS► 25 , THE REQUIREMENTS FOR ACCE,SS()RY BUILDINGS IN AN R0-1 DISTRICT ARE AS PROV DED'IN SECTION''a9.02.100 OF THIS CODE." 1 411/16/82 , b M+ S,`That Cha' Fter 19,10 entitled Du Alex` Residential 19 entitled �1, ..Land Use !:er���a�ian" of the C1:co tid District+� of Ti 3 revealed. n.c,�paT Code `is he �T 4 6, That Cha r • • F�e, is added to Title 19' entitled +� 19, S Of the Chico Music Land Lt�p 1 O ZPa1 Code to be entit as • `� 9 Bio 6 �--- ••� . nd and head � fallaws% he uta 11CHAPTER 19.10 • 8' R-2 f tEDIUAt ,DENSITY SECTIOPiS RESIDENCE DISTRICT 9 , w 10 • ' a' ] 9.10.010 ,qE , , 11 CUlATIONS GENERALLY 19.1 Q. 020M.. , PGRPO�.E t 12,,Y. r t u e a 19-10-030 USES PERMITTED 13 1,9..1 D. 040 11S -S pcXMITTED SUBJECT To USc ,. PM11T 14 -` 1 s • 10, 050 h1ih.'IFaiUF•i LOT REQUIREF�fENTS 15 1 9w 10.060 HEIGHT REQLFIREF.+,ENTS 19.10:070 YARD "�EQUIREhiiPliS' _ 19-10.080 PARKING REQUIREMENTS W 19. MOO FtNCcS , SHRUBS AND PLANTINGS 29 19.10.100 ACCESSORY BUILDIFGS 24 19.lO.old REGULATIONS` GENERALLY ' zl THE PROV.-TSIONS qF SECTIOr1S ` 1 D.0 2.010 TN,ROIFGFi 19.02.1 JC OF THIS CODE ARE 22 MADE APPLICABLE TO ALL R-2 DI51',gICTS ' , SUBJECT TO THE SPECIFIC PE;. x FOLL01;Iir'G SECTIONS. • ovr5roN5 or T A 24 19.10.020 PURPOSE.; 25 TOC 9-2 f•1EDIUt+1 DENSITY RE +IDENCE 61 26 STRICT REGULATIONS ARE INCLUDED IN Ty' LAO REGULATIONS TO AGHIEIIE THE pOLLO� _):, 4IfIG PUFtP0 5E5 1 A. TO PROVIDE AREAS SUITABLE FOR MEDIUM DENSITY RESIDENTIAL DEVELC,P!%NT, 2 CONSISTENT WITH THE GENERAL PLAN; W.-. 3 B. TO ALL0w MIXED USES OF RESIDENTIALTYPES 4 C. TO PROVIDE STANDARDS TO MITIGATE POTENTIAL CONFLICTS BEt14E1 , E ! ADJACENT U 3 P. TO PRESERVE ,r�XISTING tbEIGFIBOP,rIOQDS 14HILE ,PROVIDING FOR AlCOMP11 DEVELOPMENT; t 7 E TO PROMOTE ENERGY CONSERVATION AND EKPICIENT LAND USE IN RESIOWIAL B DEVELOPMENT. ,. 9 19,10.030 USES PERMITTED 14 THE FOLLOWING USES ARE PERMITTED. IN AN R-2 DISTRICT, ' 11 A. USES PERMITTED IN AN R-1 DISTRICT AS SET FORTH IN SEtTIONI 19,08.020 OF i 12 , TIT" I 13 B ONE DWELLING UNIT PER FULL 2500 SQUARE, FEET OF LOT ARM, 14 C 'PRIVATE GARP.GES, ACCESSORY BUILDINGS OR USES INCIDWAL TO THE RESIDENT 15 USE; 16 D. NO PROVISIONOF THIS SECTION IS TO BG CONSTRUED AS PERMITTING ANY COI-3E 17 US" INCLUDING THE STORAGE OF COhS�,ERCIAL VEHICLCS IN EXCESS �' OF ONE AND 18 ONt-HALF TON CARRYING CAPACITY, EXCEPT PRIVATE PASSENGER TYPE VEHICLES; 19 19.19.040 USES PERMITTED SUBJECT TO USE PERMIT 20 THE POLL014114G USES ARE PERMITTED IN AN R-•2 DISTRICT, SUBJECT TO OBTAINI 21' A USE PERMIT IN EACH CASE: ♦ ,22 A. USES PERMITTED IN AN R*=1 DISTRICT AS SET OUT IN SECTION 1'.08.0' OF i 2� 7 IITLEa 24 19,10.050 WNIMUJ�' COT REQUIREMENTS A 25 THE 19lNit'lUhi LOT REQUIRchiENTS IN Al .ft-2 DISTRICT ARE AS F0LCf1115 tt F 11INIfiUM INTERIOR LOT WIDTH SHALL I3E FORTY-FIVE FEET AT THE SETBACK LIN µ B 14INIMUM INTERIOR LOT AREA SHAL1. BE I�OU�'/ THOUS )AND MINIMUM CORNER LOT l IDTH, FIFTY F f TIIO,,,,,APJD SQUARE FEET; D• mmimUi CORNER LOT AREA EET AT XI E SETBACIC 'LINE; , FOUR—Tl -�' �,• .. OUR HUNDRED SQUARE FEET; E fsINIMUht OF THIRTY--FIVE PERCENT'OF THEYLOT AREA SII 3 • SPACE,. EXCEPT THAT THE SUR —LANDSCAPED AREA OF SHALL BE 1ANDSCAPED OPEN A PERMANENT S4lIIMIJG POOL 0R ' UNCOVERED PATIO hMAY BE INCLUDED TO hiEET THE OPEN SPACE RFQUIREfENT, -7 19.10.060 HEIGHT REQUIREMENTS + D THE ,MAXI?MUM HEIGHTS . PERM,TI`ED IN AN R-?. DISTRIG A. FOR MAIN TARE AS,FOI.LOk�S BUILDIHGS, THIRTY—FIVE FEET; 1(D B, FOR ACCESSORY BUILDIAGS, FIFTEEN FEE T, 19.10.070 YARD REQUIREMENTS I` HE FOLL014INO YARDS ARE R SQUIRED IN AN R•2 DISTRICTi Iia A. FRONT YARDS, 1•llfdIFMUfd REQUIRED, FIFTEEN 1:'EET 14 B� SIDE TAROS, h1INIl•1Uh1 F;EQUIRED FIVE 'FEET ON ALL 35 1. THE STREET SIDE YARD ON A LOT' EXCEPT AS FOLLOWS: I� FEET; CORNER LOT SHALL BE NOT CESS THAN TEN 2• A ZERO SIDE YARD IS PERMITTED -WHEN 1i;0 ADJ ADJACENT LOTS ARE DEVELOPED AS •� _ l7 UNIT WITH /{ �COhiMON {;ALL LOCATED.: IB ON THE COh1Pd01U PROPERTY LINE AND THE OPPOSITt SIDE YARDS OF EACH LOT 'SHALL HAVE A h1INTh � -191UP1 I�tI01`N OF TEN FEE 31 A ZERO SIDE' YARD IS PERMITTED WHEN TIaO OR f� Q DEVELOPED AS A UNIT AND THE OPPOSIT MORE ADJACENT LOTS ARE ?.Ii , E SIDE YARD ON THE SAME PARCEL HAS MINIMUP-1'WIDTH'OF TEN'FEET AND THE ADJOINING c�nc `Y 22 YARD OF ANY PARCEL f ABUTTING SAID ZERD SIDE YARD HAS A 11I.NII%�U��1 1JIDTH 23 ABUTTING PARCEL IS REQUIRED T �.- OF TEPd FEET. WHERE NA! c A MINIMUM SIDE YARD SETBACK OF' TE 2d FEET, SAID SIDE YARD'SHALL 25 B E RESERVED AS OPEN SPACE BY EASEMIENT, DEE RESTRICTION "OR. OTHER IF15TR1)rtL'NT APPROVED , ROI ED BY T1?E CITY ATTORNEY; `6 lCi REAR YARD FOR 0AIiN' BUILDINGS 7r. /16,/ 3 ' ; jr. ► 1,� ?MINIMUM REAR YARD SHALL 'E FIFTEEN FEET v i 1 19.10.080 OFF-STREET PARK -IM OFF-STREET PARKING IN Ai! 9.2 DISTRICT SHALL Sc PROVIDED IN AN AMOUNT NOT " 3 LESS THAN THAT SET FORTH IN THE REGULATIONS OF CHA.o i,".R 19.43. 4 19.10.090 FENCES, SHRUBS AND PLANTINGS FENCES, SHRUBS AND PLANTINGS IN AN 'R=2 DISTRICT SHALL BE PROVIDEp IN 6 ACCORDANCE 'WITH THE PROVISIONS OF SECTION 19 09.170 OF THIS TITLE'; 7 19.10.100 'ACCESSORY BUILDINGSI y 8 THE REQUIREMENTS FOR ACCESSORY BUILDINGS IN AN R-2 DISTRICT ARE AS'?ROVIp 9 IN SECTION 19.02.100 OF THIS CODE." . 10 T. That Chapter 19.12 entitled "Multiple Residence District" of Title 79 11 entitled "Land Use Regulation" of the Chico Municipal Code is'herebv repealed. 12 8. That Chapter 19.12 is added to Title 19 entitled "Land`Use Regulation` 13 of the Chico Municipal Code, to be entitled and read as follows 14 "CHAPTER 19.12 15 R-3 HIGH sDEN81-311' 16 RESIDENCE DISTRICT , 17 SECTIONS. 18 19.12.010 REGULATIONS GENERALLY F 19 19.12.020 PURPOSE i 20` 19.12.030 USES PERHITTEDi 21 19.12.040 USES PERM111'ED SUBjECT TO USE PERMIT 22 19`412.050 MINIMUM LOT REQUIREMENTS 2� ,19.12.060 HEICNT REQUIREMENTS 24 19.12:070 YARD REQUIREMUITS 25' 19:1PLOSO PARKING'REQUIREMENTS 36 19.32.090 FENCES, SHRUBS AND PLANTINGS 1 1 19.12.100 ACCESSORY BU.LDIj,G5 2 19.12.010 REGULATIONS GENEkALLY THE PROVISIONS OF SECTIONS 19.02.010•THROUG . 90 OF THIS CODE ARE: d MADE APP'L;CAE3L.E TO ALL R-� DISTRIC's"'S ' SUBJECT 10.0 2 1 d. T TO THE SPECIFIC PROVISIO�!S OF S FOLLOWING SECTIONS: 6 19.12.020 PURPOSE , 7 THE R-3 HIGH DENSITY RESIDENCE OIST91CT REGULATIONS ARE ItICLUpED IN g USE REGULATIONS TO ACHIEVE THE POLLOI-1114G PURPOSES; THE: 9 A. TO PROVIDE AREAS FOR HIGH DENSITY RESIDENTIAL LIVING IN ACCORD WITH 10 TIONS SH014N ON THE GENERAL PLAN, WHICH OFFER A LO" VARIETY OF Di�IELE.NG TYPE 11 B. TO PRESERVE THE CHARACTERISTICS OF EXISTING NEIGH8oRHOODS C. CTS; ON ADJACENI�'.E DI'ELOP 12 TO hfINIE�IIZE THE IPEPACTJFt�ULTIPLE FAMILY PROJECTS i„R 13 D. TO ASSURE ADEQV TE, USABLE OPEN SPACE FOR THE BENEFIT OF OCCUPANTS AND 'T 1d LONG TERM ACCEPTANCE OF HIGH DENSITY RESIDENTIAL DEVELOPMENTS. ' * 15 19.12.030 USES PERMITTED - 16 THE POLLOkIING USES ARE PERMITTED IN AN R-3 DI.STRICTy 17 A. USES PERMITTED'IN AN R-2 DISTRICT AS SET FORTH IN SECT 18 TITLE'; ION 19,09.030 OF T • µ 19 B. MULTIPLE FAMILY D;lELLINGS-AND DVIELL;ING GROUPS; PROVIDED THAT THE DENSITY. _ . 20 DEVELOPMENT DOES NOT EXCEED ONE UNIT PER 2000 PER SQUARE. FEET Or GROSS L` 21 AREA FOR THE FIRST 18000•800E FEET OF TOTAL: LOT AREA, ONE:,. ADpITI 22 UNIT PER 1000 SQUARE FEET OF LOT AREA IN EXCESS OF 18000 SQUARE FEET' 4, X � 23 A MAXIMUM ALLOWABLE DENSITY OF 35 DWELLING UNITS PER AC -E 24 C ACCESSORY USES AND BUILDING",NORMALLY INCIDENTAL TO ANY OF THE ABOVE 141181 25 LOCATED ON THE SAME PARCEL OF LAND;, 26 No PROVISION of THIS SECTION Is TO BE CONSTRUED AS 11,3 t PERMITTING ANY COh+E1ERC y k It � USES . INCLUDINd THE STORAGE OF GO 2 r1r9ERCiAL VEHICLES' TON EXCESS CFA ON HALF TON CAR°PING CAPACITY � � EAP, 3 1'D.12.040 s EX4EPT PRIVa:E PASSENGER TYP in USES PERMITTED SUBJECT 70 USE p E' VEHICLES. ERI.IT 4 THE FOLLOWNG USES ARE PEMI Ti ED IN A,'V R_3 XDISTRICT, SUB s � A USE PERrdTT IN EACH CASEz JECT 'r O OBTAINI 6 A.I USES PERh1ITTED IM AN R-.2 DISTRICT AS 7TITLE; SET FORTH IN SECTION 19.lO.OQp"0F 8 B' DAY NURSERIES, ,i 9 C. 6RCUP CAPE HOMES; MOBILE HOME PARkS 'PRIVATE PARKING FACILYTIES '- 12 F. APPURTENANT TO RESIDENTIAL USES; RELIGIOUS INSTITUrdONS,• 13 G. PRIVATE SCROOLS; 14 R- REST HOMIES r 15 Z• PUBLIC UTILITY cO 16 hlhlUNicnr • IONS EQUIPtIENT BUILDINGS; klELLS STATIONS; _ , AND PUMPING 17 J. ., BOARDINGHOUSES, FRATERNIrY-SORO-- i IB K RI HOUSES AND PRIVATE hORMITORIE STORAGE YARDS p,PPURTENANT 1'0 HOUSING PR �'' +. S 19 OJ�CTS OPERATED AND M PUBLIC AGENCIES P All TAINED p a PROVIDED THAT THE FINAL PLANS FOR SUCH BE REVIEWED AND APPROVED BY THE H STORAGE YARDS S ARCHII'ECTUR 21 AL REVIEU BanRD FOLL.014ING TH ISSUANCE OF TRE USE PERh1Ir , + 22 L. HEIGRT IN EXCESS OF THAT ALLOPlED 23 19.PURSUANT TO SE'TION 19.12.060,. 1.2.a�o , r FIYNIMUt� LOT REQUIREMENTS 24 THE FIINSL'1UM LOT REQUIREhIENTS IN - 25 A. AN R-S pISTFtICT ARE AS FOLLOI-ls .• MINIMUM INTERIOR LOT 1��IG"TR SHALL 2G B. , MINIMUM INTERIOR LOT ARE` FORTY-FIIIC FEET AT THE SETBACK LI�r B y11JI6/a2 . A SHnLE BE Q L -12,, FOUR T"OUSAND SQUARE rrET N n +.x ,?'gf .n.n ,• .... c _ '",y , nt �r -._ r.s v,.a�,. „a. . , ', 77 I Cl. _ MINIMUM CORNER 'LOT WIDTH, FIFTY FEET AT THE SETBACK LINE; 2 D. MINIMUM CORNER LOT AREA, FOUR THOUSAND—POUR—HUNDRED SQUARE FEET;, 3 E. MINIMUM OF THIRTY PERCENT OF THE LOT AREA SHALL BE LANDSCAPED OPEN SPAC 4 EXCEPT THAT THE SURFACE AREA OF A'PERMANENT SWIMING POOL OR UNCOVERED 5 ' PATIO MAY BE INCLUDED TO ,.'MEET -THE OPEN SPACE REQUIREVIENt. 6 19.12;060 HEIGHT REQUIREMENTS i i' THE t4AXIh1Ut1 HEIGHTS PERMITTED IN AN R"3 DISTRICT ARE AS FOLLOWS: ' r 8 A. FOR MAIN BUILDINGS, 'THIRTY—FIVE FEET WITHOUT A USE PERMIT MiD FIFTY FEET 9 SUBJECT TO OB TAI01ING A USE PEI MIT; a 10 B. ►vOR ACCESSORY BUILDINGS, 'TWENTY—FIVE FEET. W 11 19.12.070 YARbi REQUIREMENTS. 12 THE ML OWING YARDS ARE,REQUIRED IN AN R-3 DISTRICT; 15 A. FRONT YARDS MINIMUM REQUIRED, FIFTEEN FE£T' 14 B. SIDE YARDS MINIMUM REQ,',; M, FIVE FEET ON ALL LOTS, EXCEPT AS FOLLOW18: y 'S 1. THE STREET SIDE YARD ON A CORNEP, LOT SIIAI.I. BE NO'i LESS THAN TEN FEET 16 2. A42ERO SIDE YARD IS PERMITTED WHEN TWO ADJACENT LOTS ARE DEVELOPED A 17` UNIT 14ITH A C010110N VIALL LOCATED ON THE COMMON 'PROPERTY LINE AND THE 19 ,, OPPOSITE SIDE YARDS Of EACH LOT SHALL oqU : A MINIMUM WIDTH OF TEN FE 19 3. A ZERO SIDE YARD IS PERMITTED WIHEN 11,70 OR, I ORE ADJACENT LOTS ARE 20 111EVELOPED AS A UNIT AND "i';HE OPPOSITE S10E YARD ON THE SAME PARCEL HA 21 A MINIMUM WIDTH OF TEN FEET ANN THE ADJOINING 'SIDE YARD OF ANY PARC: 22 ABUTTING SAID ZERO SIDE YARD HAS A MINIMIUM WIDTH OF TEN FEET. WHERE 23AN ABUTTINO PARCEL I'S REQUIRED TO HAVE A MINIMUM SIDE YARD SETBACK 0 24 TEN FEET, SAID SIDE YARD SHALL BE RESERVED AS 'OPEN sd'ACE BY E1i8E11EI: T 2$r DEED RESTRICTION OR OTHER INSTRUMENT APPROVED BY THE CITY ATTORNCY; 26 4. IF 'THE YARD ABUTS AN R-1 R—S OR RD' -1 P7151RICT, FACH STORY OVER THE w _ j 1 FIRST REQUIRES Aft ADDITIONAL FIVEaETB F00sY r - 2 MINIMUM REQUIRED INT" ACk TO BE P,DDED QTc! THE E RIOR SIDE YARD. Cv REAR YARDS. THE IMIINItIUM REQU:REJ REAR YP,r[} FOR tIAIN BUILDINGS WHERE THE -4 REAR YARD ABUTS AN ALLEY IS TEN FEDI; �OTHERk11SE', FIFTEEN ' FEET., 5 YARD ABUTS AN R-1 ! R -S OR RD -1 DISTRICT EACH IF THE RE . • s H STORY OVER THE FIRST REQU;R 6 AN ADDITIONAL FIVE FOOT SETBACK TU BE ADDED TO THE 1.1Ii�Il; y YARD, i Ut1 REQUIRED REAR' g19:12.080 OFF STREET PARKING 9 OFF-STREET PARKING IN AN R-3 ,DISTRIC ;D LESS T SHALL BE PRO ' VIDED IN AN AMOUNT NOT THAN THAT SET FORTH'IN THE REGULATIONS OF CHAPTE R 19.43. li 19.12.090 FENCES SHRUBS AND PLANTINGS; , . BS' AND PLANTItr'GS IN AN R-3 DISTRICT 12 FENCES SHRUBS . ". SHALL BE PROVIDED IN ACCO '� DANCE.:��tITH THE PROVISIONS OF SECTION 19.02,170 OF TNI S TITLE; 14 19.12,100 ACCESSORY BUILDINGS 15 THE REQUIREMENTS FOR ACCESSORY BUILDINGS IN AN 9-3 D 16 IN SECTION 19, 03.100 OF THIS CODE. `� DISTRICT ARE AS PROVID 17 That Subsection G ent tled "Residential Densitie " • . + s of Section 19.22:0 lg entitled "Development Standat~ds'' of Chapter, '1D,22 entitled "R -D Planned I9 ent Combining D evelop ;Oistrtct" of Titie 1'9 entitled `'Land Use Regulation" 20 �atnended to read as fol 1 ows c hereby 21 "G. Reside tial Densities. The residentia] ,dens• , 22 district shall be liiflited by the rc ulatio ity all6 ed in a Pio 9 ns applicable to eac�j paVticular ion.' 23 combined with the P.O d�atrict exce t �as p to mo.t•e restrictive regU1at4ons whic 24 aY be pt^escribed by the pl«nh1h9.crrmmiss on at the time of approval of ttte 25 pror,osad development 016,06 In calcGating 1�he density of a proposed P -D dktr j26 the gross area including street dedications, shallbe inc `' jY6,%t32 l4 ]uded and computed w i II I according to the'following formula: 2 Maximum Density 3 PD/R-1 = 6 units per acre r 4 PD/RD-1 = 8 UNITS PER ACRE 5 PDA -2 _ 12 units 1!er acre 6 RD/R-3 24 un'!Et,per acre. 7 10. That Subsection A,entitled "Signs Permitted,'n R -S, R-1, R-2 and R-3 w .. 8 Districts`'i;of Section19.42.Oa0 anti led "Residential Di trios -Standards" of Chapter 10 ,I - p i42 entitled "Comprehensive Sign Law" of Title 19 entitled "Land Us T 10 Regulation" is hereby amended to read as follows dl "A. Signs. Permitted in RAS, R-1, RD -1, F(-2 and RW3 District,. The following 12 signs Shall, hall be al 1 owed in any, l -S, R-1, Rb -1, R-2 and R-3 District, incl 13 ting any R -S, R-1 , RDI -1, R-2 and R-3 District combined vi th another di Str 14 1. Dwelling, Each dwelling unit may have nameplates not ex ceeding a to '15 of one square foot in surface area indicating ,the name of the occupa, 16 2. Multiple family dwelling. Each multiple family dwelling ;(excl;udinq 17 duplexes) shall be limited to identification signs not eXceedirig a t. 18 of twelve square' feet of surface area. Such signs may b is only indir 4 19 lighted and shall be either ground -mounted to extend not more than 20 seven feet above grade or may be a fUt wall sign. -P '. 's, vi`sion 2i subidentity sign. Grbuhd-mounted identity Signs .(hot to 22 advertise dvitilings for `sale) may be authbmzed at the major entrant 23'to a residential subdivision, provided such Mns are approved by the 24 Architectural ReView Board in the manner hereinbefore provided by thi 25 title. Such signing shall be appropriately landscapod and bftend with 26 its surroundings: y 1 11. That,Paragraph „1,,,, of Subsection °+A„ entitled led n •• Resident7alUses" of Section 19,43.020 et,t441ed "Parking Spices Required" of a 31 . Ch 19,43 entitle "Off -Street Parking Requirements" of Title 19 entitled, "Lard L�sn „ 4 the Chico Piun ci Pal Code, is amended to read as fol l ows Rcr�ul a t7 on • 5' "1 Single-fdmi lY, duplex and mal ti p1a-fami 1y res den tiai dwellings and manufactured housia - filo sPeces per dHtol1 inq unit; except in the MM a h. - 'FOLLOWING CASE 3` a°ease•-ref.-• sStudio or one bedroom, apartment units containin l gg le ` 460 640'square feet bf gross fIoor area, ONE SPACE'FOR THC FIRST SUCH UH:T ON A PARCEL AND one•-and-one-lia' "' _ •11 m. spa ces Per FGR: EACH ADDITIONAL dive! 1 ng uri t, 12I )WHEN THE DWELLING UNITS ARE CONSTRUCTED QN A CORNIER _I.OT; OFF-STI 13 PARKING REQUIRED ON THE LOT SHALL BE REDUCED 8Y` Oir'E SPACE: `., 14 ll 12. That Subsection "G" Is heto Section lreby added „ 9.4^3.040,. ent�i tied 15 General Requirements'' of Chapter p 19.43, enti tl ed "Off-street Parking Require meets'`, of Title 19:; entitled ":Land Ise Itegul ati on'"; of the Chico liuncipal Co 11 to road-;s follotts 18 0 G.!N EN PROPERTY IS USED FOR SINGLE-PM41LY OR Tt•10-FAMIL' Y DIdFLLINGS; 'fAt,'q 19 PARK HAY IS TWO PARKING SPACES LOCATED SUCH THAT ONE OF T11 C • � SPA..ES SERVES 20 THE ONLY ACCESS TO AND FROIvi THE OTHER SPACE AND ltHFtJ OCCUPIED I3LOCf:S 21 ACCESS. TO AND FROM THE OTHER SPACE, MAY BE UTI.fIZEp TO 14VEHICULAR EEl' PARKING REOIJIREIfiCf� 22 M That Subsection l`H„ is hereby added to Section 19.43.040 ` , esti tl od 2� "General Requirements' , of Chaptev° 19.43 entitled ''Off-Stfeet Parkin Require- 244 - q R ,l 1� e 24 mems , of Title 19; entitled "Land .Use Req 25 to read as follaysulaton"' of the Chico Municcal C.. c 2G "N. WHEN A LOT IS DEVELOPED 011114MORE THAN TWO 'G "�•r" • DNIELLI N UNITS; PARItP.G °!1/16✓82 .16- I LOCATED IN A REAR OR INTERIOR' SIDE YARD ADJACENT TO ANY LOT ZONEDj ' R -•S R_1, C 21 RD -1 SHALL 'BE SET BACK A VINIMUM OF FIVE FEET Frfiht THE PROPERTY LINE _COMMON T 3 ZONED SAID ? LOT OR A FENCE OF THE MAXIMUM ALLOWABLE IiE:^;�;; 'CJNSTR i'4TEDOF WOOD d d IiASOf`ItY SHALL BE LOCATED ON THE PROPERTY LINE TO SUE THE ;PARKING AREA FROM' 5 THE ADJACENT PROPERTIES. ,THIS REQUIREMENT DOES NOT APPLY' TO A PROPERTY LINE, S C$1-LMON TO -k14 ALLEY." i s hapter 19.43 dnt;tled "Of �' � 14 1'Eiat Sectio; 19.43.045 is herebyadded to i�� 8 .street Parking Requirements", of Title 19 entitled "Land Use Regul'ation',, of ,. Chico co Muni dial Code to P be entitled and read a s -to! l oars 9 10 "19.43045 PARKING LOT LANDSCAPING 11 A. LANOSCAPING SHALL BE PROVIDED IN ALL. BUFFER AREAS REQUI.REED BETWEEN P ROPc 12 LINES AND PARKING AREAS, 13 B9, IN RESIDENTIAL DISTRICTS; TREES SHALL BE PLANTED IN CURLED PLANTERS WI'iN 14 OR ADJACENT TO PARKING AREAS AT THE FOLLOWUNG RATIOS s 15 1. IN !R -S AND R-1 DISTRICTS - NO REQUIREMOT It IN �tD••1 AND R-2 DISTRICTS ONE TREE ;FOR EACH FOUR UNCOVERED PARKING' • 17 SPACES. 18 3# IN R-3 AND R -P DI51'RICTS ONE TREE F09 EACH SIX UNCOVERED PAWNIG • 19 SPACES. i r T THE PARI Ik, AREA TO PROVIDE SH1lDC: FOR 20 TREES SHALL BE PLANTED THROUGHOUT 21 MUCH OF THE SURFACED AREA AS POSSIBLE RATHER THAN CLUSTERED IN ONE LOCATI 32 0rdihance No. 1492 teat adopted by the City Council of the City, of 'Chi Co at I 23 its regular meetiraq he1'd on the 4th day of janUary 1198. r' 24 by the follo►ving vote: 25 s 26 -••-- i, c« w 1 SWM tAlIFORNIA rr y.� QoVdrndt 5RARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SM, Tenth Street fj rte" a; 5�amramento , CA 95814-2779 r" prtober, 1982 � L4VA TD. All Interested Parties `FROM. Ms, Ruth. Schwart� Community p P unit Deve1G m Re ±^esentative RE: Information Packet on SB 1160 (Mello, Chapter 887 of 1981) ' and SB 1536 (MOlo, Chapter 1440 of 1982) Thank you very much for your'interest in S8 1534, thou "companion unit" bill, which was carried by Senator Henry Niello and sponsored by the State Department of Housi�,g and Community Development, The law becomes effective July lj 1983. The bill provides local governments very broad discretion to designate zones which are appropriate for second units, and to develop standards considered suitabl-e to local conditions:. These include standards to regulate traffic andparking; If zones are not designated, a local government is required,. under specific criteria, to grant a conditional use permit for a connpzllon unit contained within the existing home; Local governments may apply the local zoning requirements which regu- late the design of residential uses in the area. Local governments can prer'lode second units altogether if they have determined that r• ` 5 , a protect outweigh the regional housing needs and rind specific adverse,impact� on the public h�.alththeaneed tod rotect the public health, safety and welfare 'greater than the need for this *form of housing A second unit ordinance program oriented to 'tower -income households is a type of housing program a local government may Wish to include in its housing element to assist in meeting th€� Housing Element and ?,ffit�ma- tive zoning 'provisions of State law. I have enclosed an information packet on both S6 116o (Mello, Chapter 887 of 1981) and SB 1534 (Mellor Chapter 1440 of 1982). The Department is interested in prov,idit�g Itechhical.assistance in helping orgahttations and local governments implement this important legislative l ni t b ;i ve, Please feel free to contact me at ( 916) 445-4728 if i can be of assistance, ;9' I SenateBill �To.1164 CHAPTER 887 An act to add Section 65852,1 to the Government Code, relating to land use regulation, [Approvedcret�o tee�emsba awithSeSarber 23,1s ��� �I, • .. SB 1160, Mello. City and county zoning. single-family residence; ' h^ rk yt adults �. law ° y ordi,�ance designate ��- =variaidiseaone hceity , or county wltbin t ty specify the uses which maybe permitted on the land within those zones. Within such zones , the city, or county may condition certain uses or require special use ' -4A ., permits or zoning variances for certain uses. This bill would permik a city, uai-luding a charter city, conn a `crty and county to issue a zoning vananc% special use peri 't or --conditional use permit for a dwelling unit to be constructed,,or attached +to, a primary residence on land zoned for i-, single-faily W.,u _ residence, if the dwelling is intended for the sole occupancy of an •aehdt or adults who have reach6."A age; 60 and the area floor of space °w• of the dwelling does not exceed 640 square feet.: Th: people of the State of CaBfornia do engOt as follows. SECTIOIN X. The 1 egislature (Lads and declares that: •. (1) Steps must be taken to encourage the creation of i ore residential units for persons over the a «e of UX � p a - (2)Thereis a serious shortage of housingunit, for persons over . , thea ; of 60. (3) There is an important need to maliitain senior citizens In indelivingto housing t preven situations l��derly, arrangements thndent solation of persons ao nd reunites ' families: Y„ SEG, 2 Section M2.1, as added to the Oovernment Code, to � read: y°'`''.; Notwithstanding Section 659M, any city, including a chaxter city, coiurty, or city and co�anky may zoning ,�s"sue a. variance, special use permit; or eond:uonal use pertnil fora dwelling unit to be construeted, of attached to, a primary residonce on a parcel zoned y •' for a single-family residence, if the dwelling unit is intended for the sole occupancy N o•f,one adult or twd adult persons who are :G0 years of age an or over, el the area of floor space of the dwelling unit does F. i , N not exceed 690 s quare feet. M . r •' � 94 SO ;�rt�tit �?"4CM1'+l _ _ _ «iF _. Y:!14. -4a. + ..., r• .. E�RM47lR9M �Y�wr� ' _._-.. �.� _ .. .......... ... _. ;9' Si M1t* GA11FORNIA EDMUND G. BROWN JR., Gommor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT :±u1CiVISION OF RESEARCH AND POLICY DEVELOPMENT 132x, 'Tenth Street t,ramento, CA 95814 �uS~zfi) 445-4728 March 25, 1982 (QUESTIONS MOST OFTEN ASKED ABOUT SB 1160 (MELLQ , CMPTE7 Or STATS. OE 1981 1 Does this law mandate chat local governments allow second units on land zoned for singe=family residential use? rto.The 'taw allows local government to issue a zoning variance, notwithstand- ing Government Code Section 65906, `or the creation of second units if the unit is intended for the sole occupancy of one or two persons who are 60 years of age or more and the Floor area of the unit does not exceed 640 square feet, 2, Could a local jurisdiction allow for the development of a second unit on land zoned single-family residential prior to the passage of SO 11607 Yes, local governments have broad authority in land use regulatory matters:- SiWith the passage of S8 1160, can a local government allow for the creation of a_ second unit on land zoned for single-family residential if the unit does not, meet the age limitations and square footage requirements of SB 1160? Yes, under existing lav►, a second unit can be al l moed by right, conditional use permit, or special use permit, not subject to restrictions on age of occupant or square footage of_uni typIssuet S8 1166 expands eXisting law by allowing occu antis meet the age criteria and square footage requirements specified a new e of variance to be d for second units, in rases where the in the law, 4. Can granny flats be attached as well as detached units? Yes, r 5, Can a mobilehome be a granny flat? Yes. i 6 Which jurisdictions in the state permit a second unit on a single- family lot? The Department of Housing and Community Development plans to undertake a systematic survey on this issue. The jurisdictions which the Depart- ment is aware of that currently allow a second unit on a single -'Family residential lot are the counties of Marin and Santa Cruz and the cities of Belvedere, Corte Madera, Martinez,,and San Anselmo. 7. Which local jurisdictions are considering adopting an ordinance to permit. the creation of a second unit on -j t �, 4.TMftmili+ "�r,? The Department is awaro of the following jurisdictions which are evaluating second unit ordinances as a result of the passit.ge of SB 1160: the county of Orange and the cities of Fresno, Gardcn Grove, Ontario, Orange and Satita Maria 4 8. Under the provisions of SB 1160 if a local government approves by variance the gonstructioh of a second unit on a property y a person 60 years p b of age or older, can the owner move into theand unit and rent the exist- ng house to another household? Yes. I 9. What means are there to assure compliance with the age restrictions specified in SB 1160? In following are some possible ways an age restriction reggiretnent could be enforced: `:valuate compliance only when a cotnpla'int is registered; o Require certification of occupancyon a 1-3 year basis. o Design an audit program involving periodic site. visits, } � a OFF CALIFORNIA $ EDMUND G. SPOWN JR.. Gororrwr. OrPARTMENT OF 'MOUSING AND COMMUNITY DEVELOPMENT (IT -AL AFFAIRS OFFICE '`��,,1 Tenth Street 'rrm3�72 g 95814`. 016 32 March 25, 1982 LEGAL INTERPRETATION OF SB 1160 (htELLo, CHAPTER 887 OF STATS. OF` 1981SB ) Zoning oaddi ng a new section,' 6585 I' g .i Y Chapter 887, of Stats. of 1981) amended the State Planning and 2.1, t° tf1 Government Code to permit a locality to issue,a zoning variance, special u LN permit or conditional use per- mit for a dwelling unit to`be constructed, or attached to, a,Primary residence on a parcel zoned for a single.,family residence. The dwelling unit must be intended For the sole occupancy of one or two adult persons who are 60 years of age or over, and the area of '°loon space in the dwelling unit mu';t not exc6ed 6.40 square feet, a,.t The, Department has been asked how Chest: p ` 'µ r, % law makes one major substanttyr, t`ianr{` :,rt.� ,t,fa t�•1:�� �� al'cotys ,a cityxot^. i ill .1 ty te issue a new type of variance to create a second unit in a single-family zone if the unit complies with the characteristics specified in the bill. Under exstin law these units could`.. be allowed b right, g Y ght, special Gse permit or conditional - usepeMi't, but a variance could not be granted for this use. Government Code Section 65906 defines variances from the zoning ordinance in very strict terms, allowing a variance to be issued only because of special circumsxances inherent to the property itself.l SB 1160 allows a locality to grant a variance for eligible second units without regard to these Government Code restraictions thus creating this new type of Variance. Therefore both prior to the January 1, 1982; effective date of this law, and there - For single-family residences }e ardl`ess of the nd unit eon ris property zoned after cities and counties have the right to permit a seco unit orthetenant under^ 9 h particular, characteristics of the general zoning law. Now, in addition, a variance may be utilized pursuant to this new section of law.. I 65906. Variahces from Zoning Ordinances Of special circumstancessappli-blento the apropert inances shsized os when, Because Variances of the from the location or surrouhdings, the a."ict application of including z, shape, topography, .e zoning Ordinance deririves such property of privileges enjoyed by other property i zoning classification,, n the vicinity and under ttientical "Any Variance grahtcd s`ha11 be subjoct to such conditions as will assure that the inconsistent with the limittations upon other properti�� '� °f special pr•iVileges adjustment thereby authorized shall not, constitute a gran the Vicinit and ' which such property is situated. y zone in "A variance shall hot be granted for a parcel Of Property which authorizes a use or the qty which is not otherwise expressly . authorized b Y y� one regulation noverning .parcel of property. Th. e provisions of. this section sha11not a 7 toco ac 1v Use permits. �- ppy nd�tional