PC-95-21 - Laserfiche WebLink

Item 8. d . PLANNING COMMISSION Staff Report September22,I99l'october 13,1993 SUBJECT: A determination of whether Second Units are subject to the locatlonal requirements of PUD-approved BuDding Envelopes accordinl to the State Government Code and CIty Ordinance. APPLICANT AND PROPERTY OWNER: Samuel Raber PURPOSE: The applicant would like to construct a second Iplit on his property in the Deer Oaks development which would be outside of the building envelope as shown on the approved PUD plan. The applicant contends that second units need not be located within a PUD-designated building envelope since such envelopes are unduly restrictive and that the State Government Code regarding second units does not permit cities to use local ordinances to deny a building permit or use permit for a second unit. LOCATION: 20 Deer Oaks Court. Zoning for the property is PUD - LDRlOS- Planned Unit Development - Low Density Residential/Open Space 4. 5. Exhibit A -- Letter from Mr. Raber dated "Received June 18, 1993" Exhibit B -- State Government Code Sections 65852.1 and 65852.2 (Second Units) Exhibit C - Approved Building Envelopes for Tract 4940 and PUD-82-13, Deer OaksITwelve Oaks Development Exhibit D -- List of Approved Second Unit Use Permits Location Map ATTACHMENTS: 1. 2. 3. I. BACKGROUND In response to housing shortages and for the provision of affordable housing for elderly persons, the State of California adopted a "granny fiat" law in 1986. This law required local jurisdictions to permit the construction of "granny fiats" or "second units" on lots zoned for single-family or multi-family residential development. The State law permitted local jurisdictions to adopt their own ordinances to govern the construction of second units as long as the ordinance was in conformance with State law and did not prohibit totally the -1-