AGENDA OJAI BUILDING APPEALS BOARD April 13, 2015 The meeting of the Ojai Building Appeals Board will be called to order on Monday, April 13, 2015, at 6:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura Street, Ojai, California. Roll Call Pledge of Allegiance Oath of Office member
City Clerk to officiate in presenting the oath to Steve Quilici, new board
Public Communications The Public Communications item is for members of the public to address the Building Appeals Board on items of City business other than scheduled agenda items. Matters raised at this time may be briefly discussed by the Board, and will generally be referred to staff and/or placed on a subsequent agenda. Under State law, other than for emergency items, no action on nonagendized items can be taken at this meeting. Consent Items 1. Minutes of the Building Appeals Board Meeting on February 25, 2015 Recommendation: Approve as submitted. 2.
Minutes of the Building Appeals Board Meeting on March 11, 2015 Recommendation: Approve as submitted.
Discussion Items 1.
Discuss Second Residential Dwelling Unit Compliance Program. Recommendation: Provide suggested Guideline revisions to the City Council for the Second Dwelling Unit Compliance Program Guidelines.
2.
Future Agenda Items
Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (805) 646-5581. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ATTEST TO POSTING: (Print Name) (Signature) (Date)
(Time).
`DRAFT' MINUTES BUILDING APPEALS BOARD February 25, 2015 Call to Order Tom Farmer, Board Vice Chair, called the meeting of the Ojai Building Appeals Board to order on Wednesday, February 25, 2015, at 6:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura Street, Ojai, California. Roll Call On a call of the roll, the following Building Appeals Board Members were present: Vice Chair Farmer, and Board Members Daddi, Hanson, Hilgers, and Ulrich (to receive the oath of office later in the meeting). Absent: None City staff present: Rob Clark, City Manager, Stephen Stuart, Building Official, and Shari Herbruck, Board Secretary. Board Member Daddi led the pledge.
Pledge of Allegiance Oath of Office
William Ulrich, new board member, read his oath of office for the record.
Selection of Planning Board Member Chairperson and Vice Chairperson Nomination: Board Member Dale Hanson nominated Board member Robert Daddi for Chairperson. There were no other nominations. Nominations were closed. Motion: Board Member Hanson moved and Board Vice Chair Farmer seconded a motion to approve Robert Daddi as the new Board Chairperson. The motion passed on a 5-0 vote. Nomination: Board Member Dale Hanson nominated Tom Farmer to remain as Vice Chairperson. There were no other nominations. Nominations were closed. Motion: Dale Hanson moved and Board Chair Robert Daddi seconded a motion to approve Tom Farmer to continue as the Board Vice Chairperson. The motion passed on a 50 vote. Public Communication
None
Reassignment of seating at dais Consent Item Minutes of the Building Appeals Board Meeting on October 29, 2014 1.
"DRAFT" Ojai Building Appeals Board Meeting Minutes
February 25 2015 Page 2 of 5
Motion: Board Vice Chair Farmer moved and Board Member Hanson seconded the motion to approve the consent calendar as submitted. On a voice vote the motion passed as follows: AYES: Board Members Daddi, Farmer, Hanson, Hilgers NOES: None ABSTAIN: Ulrich ABSENT: None Chair Daddi reordered the agenda and asked staff for information on item 5. 5.
Brown Act Information Rob Clark, City Manager, addressed the Board and explained the Interim Assistant City Attorney had drafted a memo to the Planning Commission and that memo is being provided to the Board, as the rules apply to the Board just as they do to the Commission. Chair Daddi asked for specific direction on recusal from an item. Specifically when is it considered a conflict of interest? Mr. Clark answered if there is a question it is advised to get the City Attorney's opinion. Mr. Clark explained the Conflict of Interest laws are a separate set of laws from the Brown Act. He further explained a Conflict of Interest is typically determined if a person would benefit financially from the vote. He reminded the Board that there is an ethics training coming up and encouraged the Board to attend.
Discussion Items 2. Title 9, Chapter 15 "Vacant Property Maintenance, Security, and Registration. Recommendation: Discuss the City of Ojai's Vacant Property Maintenance, Security and Registration regulations. Chair Daddi turned the time over to Mr. Clark who explained the goal of the discussion on this item is for the Board to provide a vision of what they want to see done with the vacant properties in the City and pass on those recommendations to the City Council. Board Member Hanson • Identified specific properties. Vice Chair Farmer • Referenced Ordinance 811, Section 9-15.11 (c), Security Requirements, where it states, "Fencing shall be permitted, but only with the consent of, under the direction of, the director. No chain link or plastic fencing shall be permitted." He went on to read (d) "If the property is owned by a corporation and/or out-ofarea beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met." He asked if this is being enforced. • The property owner's need to know what the consequences are.
"DRAFT" Ojai Building Appeals Board Meeting Minutes •
February 25 2015 Page 3 of 5
Chair Daddi invited Vince Parker, the new Code Compliance Inspector to come to the podium and introduce himself. Mr. Parker expressed his desire to work on code enforcement in the City and educating the community. Board Member Hilgers • Realizes that enforcement is the key. • Notifying the property owner is critical. Board Member Ulrich • Referenced various sections of the code that he would like to be updated. • Commented on the City being out of compliance with our own codes. • Would like the abatement plan to be generated by the Director. • Pointed out in Ordinance 811, Section 9-15.07 "...The program shall be available for public review." • Feels Ordinance 811 as written is completely adequate and provides for enforcement, fees that will support the enforcement, and framework with which to enforcement. Chair Daddi • Noted there are a lot of things to catch up on. • Said we appear to be adding more, not less. • Asked if the City has authority to require completion bonds. • Expressed concern for existing construction fencing. • Need to regularly tag the vacant buildings. • Wants to establish a monthly maintenance fee. • Spoke about significant progress. Board Member Hanson • Asked how the City enforces. • Asked if the City imposes a lien on the property. Mr. Stuart responded to the Boards comments. He indicated the City's first approach is to achieve voluntary compliance. Mayor Severo Lara addressed the Board about the Code Compliance Inspector's job responsibilities. He would like the approach to be voluntary compliance before the City starts to issue citations and fines. Bill Weirick, City Council Member, addressed the Board and spoke about abatement plans and registration fee and cost recovery for the City. Mr. Clark feels the Board has presented their vision and said he can take the Board's comments back to the City Council.
"DRAFT" Ojai Building Appeals Board Meeting Minutes
3.
February 25 2015 Page 4 of 5
2013 State Model Codes Recommendation: Place on a future agenda to discuss the adoption of the amended 2013 State Model Codes. Chair Daddi turned the time over to Mr. Stuart. Mr. Stuart informed the Board this item is on the agenda for general discussion. Mr. Stuart asked the Board whether they want to make some recommendations on some possible amendments. He explained under state statute the City has limited ability to make changes to the State Model codes unless they are climatic, geographical, or topographic conditions. He said the City can recommend higher standards than the State requires if it is based on one of the 3 conditions. Chair Daddi • Pointed out issues with historic buildings. • Spoke about Appendix L. Board Member Hanson • The City needs to be cautious and vet some of the issues individually. Board Member Ulrich • Recognizes the City is required to adopt the State Code and recommends the City scrupulously review any supplement that is added to the required codes because of Ojai's climatic, geographical, and topographic uniqueness. Board Member Hilgers • Agrees with the other Board Members.
4.
2015 Goals for the Building Appeals Board Chair Daddi • Stated it is the City Councils job to provide goals for the Building Appeals Board. • One of his goals has been, "Date certain." Mayor Lara stated the Council does not set the goals for the Commissions and Board. The Commissions and Board set their own goals for the Council's approval. He would like the Board to prioritize work on the second dwelling compliance program and provide the Council with direction. Board Member Ulrich • Second unit compliance program review. • State Model Building Codes review. • Initiative to generate written checklist for all applications through the Community Development Department so there is a formality that the public can be aware of • Enforcement and time limits for enforcements of existing ordinances.
"DRAFT" Ojai Building Appeals Board Meeting Minutes
February 25 2015 Page 5 of 5
Board Member Hilgers • Finishing a project. Vice Chair Farmer • Develop a brochure for the Second Unit Compliance Program. Board Member Hanson • Have an Ombudsman that knows the building code. • Vacation rental issue. 5.
This item was reordered and reviewed prior to Item 2 earlier in the meeting.
6.
Future agenda item After discussion it was determined the Board of Appeals would mcct again on March 11, 2015.
City Council Liaison Mayor Lara addressed the Board. Adjournment There being no further business rought befp4 the Board, Chair Daddi adjourned at 8:00 pm the meeting. Submitted by: Stephen Stuart, CBO, Building Official Approved by the Building Appeals Board: Robert Daddi, Chair, Building Appeals Board
`DRAFT' MINUTES BUILDING APPEALS BOARD March 11, 2015 Call to Order Bob Daddi, Board Chair, called the meeting of the Ojai Building Appeals Board to order on Wednesday, March 11, 2015, at 6:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura Street, Ojai, California. Roll Call On a call of the roll, the following Building Appeals Board Members were present: Chair Daddi, Vice Chair Farmer, and Board Members Hanson, and Ulrich. Absent: None City staff present: Rob Clark, City Manager, Stephen Stuart, Building Official, and Shari Herbruck, Board Secretary. Pledge of Allegiance
Board Member Ulrich led the pledge.
Public Communication
None
Consent Item
None
Discussion Items Discuss Second Residential Dwelling Unit Compliance Program. 1. Chair Daddi invited Vice Chair Farmer to proceed with his recusal from Discussion Item No. 1. Vice Chair Farmer read out loud a letter that he received from the City that indicated his carport conversion does not qualify for the second dwelling unit compliance program and therefore his carport conversion could not be legalized. Thus, Vice Chair Farmer will have a financial gain if the prohibition of the garage conversion section of the compliance program is changed to allow garage conversions. Speaker: Will Castagna, 910 E. Aliso Street, explained his experience when applying for the Compliance Program for his unpermitted second unit. Board Member Ulrich reviewed with Mr. Castagna his experience with the Community Development Department. Board Member Hanson said she does not agree with the section of the program where it prohibits garage conversions.
"DRAFT" Ojai Building Appeals Board Meeting Minutes
March 11 2015 Page 2 of 3
Tim Dewar, Ojai Valley News staff, spoke about the items on the list of issues that he emailed to the City Manager. The list was included in the Building Appeals Board packet. Steve Quilici, 516 W. Eucalyptus Street, said this program and Title 9 of the Ojai Municipal Code still need a lot of work. Severo Lara, Mayor, agreed with Tim Dewar that the Second Dwelling Compliance Guidelines need to be clear and concise. Bill Miley, 919 N. Signal Street, submitted two sets of documents listing the issues he has with the Second Dwelling Compliance Guidelines. He discussed each issue specifically. Board Member Ulrich commented on some of Mr. Miley's issues. Board Chair Daddi summarized the issues and suggested to staff that a survey be distributed to the Board for their individual votes on the items that need to be addressed. Bill Weirick, Council Member, provided his thoughts on the policy intent of the Compliance Program. Randy Haney, Council Member, explained he would like the Board to provide their comments, get those comments to City Council as soon as possible, and get this finalized. Rob Clark, City Manager, offered that staff will create a survey to distribute to the Board to get their individual votes on which major policy issues the Board would like to accomplish or discuss further.
2.
Title 9, Chapter 15 "Vacant Property Maintenance, Security, and Registration. Recommendation: Discuss the City of Ojai's Vacant Property Maintenance, Security and Registration regulations. Steve Quilici, 516 W. Eucalyptus Street, would like detailed information on existing specific blighted buildings and would like policy issues to be identified.
3.
Future Agenda Items
City Council Liaison Mayor Lara was present.
"DRAFT" Ojai Building Appeals Board Meeting Minutes
March 11 2015 Page 3 of 3
Adjournment There being no further busi s brought befoj the Board, Chair Daddi adjourned at 8:00 pm the meeting. Submitted by: Stephen Stuart, Building Official Approved by the Building Appeals Board: Robert Daddi, Chair, Building Appeals Board
Administrative Report DISCUSSION ITEM TO:
Building Appeals Board
FROM:
Robert Clark, City Manager
DATE REPORT PREPARED:
April 9, 2015
MEETING DATE:
April 13, 2015
SUBJECT:
Review of the Proposed Second Unit Compliance Program Guidelines
Recommendation On each of the identified policy questions, it is recommended that the Building Appeals Board vote on whether to support the draft Guidelines as written, or to propose a change to the Guidelines. Discussion The following table lists the Planning Commission and Building Appeals Board positions on each of the identified policy questions, and indicates what is contained in the draft Guidelines. The Board could also identify other policy issues and vote on them.
Policy Questions 1. Should conversions be allowed and the requirement covered parking eliminated? 2. Should the maximum amount of the lot that may be covered by structures (35% for R-1 and R-2) be increased? 3. Should the maximum size be increased from 640 to 1,200 square feet? 4. Should the second unit be allowed to exceed the size of the primary unit? 5. Should units built any time prior June 30, 2015 be eligible? (Rather than only those built before January 1, 2006?) 6. Should the City Council establish a
BAB Current Draft There is no prohibition on Yes Yes conversions or requirement for covered parking. No Yes The existing lot coverage is retained. PC
Yes Yes Yes No Yes Yes
Yes Yes
The size is increased to 1,200 square feet. The second unit may not be larger than the primary unit. Units build any time prior to adoption of the guidelines are eligible The end date is not stated.
Page 1 of 3
firm end date for the compliance program?(What date?_ ) 7. Should second units be allowed in the required side and rear yard setbacks? 8. Should the City Council require by deed restriction that the primary unit be owner occupied? 9. Should building code compliance be based on the "in service date"? 10.Or, should building code compliance be based on the "State Civil Code 1941 Minimum Tenable Conditions"? 11. Should building fees be a flat amount per square foot rather than basing them on the "in-service date"? 12. Should the confidentiality of applicants be maintained to the degree possible under State law?
Yes Yes Yes No
Yes 2/2
No
3/1
No
2/2
No
Yes
13. Should separate utility connections be allowed if the cost to the owner is Yes No lower? 14. Are there any other policy issues that the Building Appeals Board should Yes address? (If so, please specify)
Encroachments are allowed, and are tied to fire separation. The deed restriction is required, but may be waived for hardship. Code compliance is based on the "in service date" Legal issues were raised about use of the State Civil Code by the City Attorney (see below) Building Fees are based on the "in service date". Staff recommends that the confidentiality clause be removed because it may not be enforceable. Common utility connections are required. See completed surveys.
Second Unit Compliance There has been a lot of discussion regarding the status of units reported to the City by the Sanitary District as a result of their sewer amnesty program. Of the 60 reported, only 17 were potential candidates for our compliance program. The remainder were commercial properties, single facility residences, apartment buildings, legal second units, not built yet, or not considered units by the City (no kitchen). The owners to the 17 potential units received a letter from the Interim Community Development Director advising them of the compliance program and the name and contact information of the Ombudsman. Of those 17, there have been four that became compliant, and four that are garage conversions and are not currently eligible. The status of the other 9 is unknown. There have also been three compliance units approved that did not come from this list, for a total of seven compliance units approved. General Plan Considerations This program was initiated as implementation of the 2006-2014 Housing Element which established a goal of approving 70 compliance units. This was based on the belief that the goal was necessary to meet the State imposed Regional Housing Needs Allocation (RHNA). The 2014-2021 Housing Element includes the Second Unit Compliance Program, but does not set specific units as a goal. Our Housing Consultant John Douglas justified this based on his understanding that the link between second unit compliance and RHNA is weak: Page 2 of 3
"Getting low-income RHNA credit for 2nd units is often not an easy process with HCD. I've worked with several cities on it. The law clearly states that cities can take RHNA credit at the same rate 2"d units were developed in the prior planning period (Govt. Code 65583.1.a). That's the first step in the process. The 2nd step is demonstrating the appropriate income level to count prospective 2"d units. HCD has usually required cities to do a survey of previous 2nd units to determine their income level. We did this in Malibu a couple of years ago. The goal is to end up with good data re. the number of 2nd units built by income category over the past 5 or 10 years, and then (if HCD is in a good mood) you can use that to estimate future 2nd units in the new planning period. Sometimes HCD will let a city claim more 2nd units if the city is adopting new policies/programs to stimulate 2nd unit development, but the evidence needs to be strong. Another factor is what proportion of the total RHNA the city is claiming for 2nd units. This is a fuzzy one — my experience is that the lower the percentage, the more likely HCD is to go for it. They don't allow cities to satisfy their entire low-income need with 2nd units. As I've said before, it seems to be the "whole package" that HCD looks at. For example, if the City were to successfully do an affordable project in the SPL in the next few years, that would probably cause HCD to be more generous in their allowance for RHNA credit next time. It's frustrating that the game is played this way, because it makes it difficult for staff/consultants to tell the PC and Council with any degree of certainty, If you do this, then HCD will allow this." Legal Considerations When this was reviewed by the Building Appeals Board in the past, the City Attorney recommended against using Civil Code Section 1941.1 because it is a landlord-tenant standard. He recommended that the Guidelines be based on the Ojai Municipal Code and uniform building codes. The uniform building codes take precedence over local codes by operation of law. Therefore, use of Section 1941.1 alone could be challenged. Fiscal Impact None
Submitted by Robert Clark, City Manager
Approved for forwarding City Manager's Office
Attachment: A — Survey Results B — March 11 Staff Report
Page 3 of 3
Bob OFFICE OF THE CITY MANAGER Robert F. Clark, City Manager P.O. Box 1570, Ojai, CA 93024
RECEIVED MAR 18 2015
MEMORANDUM To: From: Subject: Date:
Building Appeals Board Members Robert F. Clark, City Manager Second Unit Compliance Program Policy Issues March 13, 2015
Community Development Department.
In accordance with the discussion at the March 11 meeting, Chair Daddi has asked that the Building Appeals Board members complete the following survey regarding the major policy issues associated with the Second Unit Compliance Program. If you have comments that do not fit in the comment box continue them on a separate page. Please return the completed survey form to Shari Herbruck by Friday, March 20, so that she can compile the results for the Board. , Policy Questions Yea No Comment . 1. Should conversions be allowed and the j 14-1 requirement covered parking 0 6640 , eliminated? 2. Should the maximum amount of the lot / CtriZi-V-'— that may be covered by structures (35% Ulla 56f0" 06 414 -e. WIr/l1 for R-1 and R-2) be increased? 4-4-3. Should the maximum size be increased V from 640 to 1,200 square feet? 4. Should the second unit be allowed to / exceed the size of the primary unit? 5. Should units built any time prior June . i 30, 2015 be eligible? (Rather than only those built before January 1, 2006?) 6. Should the City Council establish a firm end date for the compliance program?(What date? ) 7. Should second units be allowed in the required side and rear yard setbacks? 8. Should the City Council require by deed restriction that the primary unit be 7 owner occupied?
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Attachment A Page 1 of 8
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9. Should building code compliance be v based on the "in service date"? 10, Or, should building code compliance be based on the "State Civil Code 1941 I Minimum Tenable Conditions"? 11.Should building fees be a flat amount per square foot rather than basing them on the "in-service date"? 12. Should the confidentiality of applicants be maintained to the degree possible under State law? 13. Should separate utility connections be / allowed if the cost to the owner is ti lower? 14.Are there any other policy issues that / the Building Appeals Board should V address? (if so, please specify)
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Attachment A Page 2 of 8
e -±irxelgo be\ OFFICE OF THE CITY MANAGER Robert F. Clark, City Manager P.O. Box 1570, Ojai, CA 93024
RECEIVED MEMORANDUM To: From: Subject: Date:
MAR 1 8-21315 Community Development Department.
Building Appeals Board Members Robert F. Clark, City Manager Second Unit Compliance Program Policy Issues March 13, 2015
In accordance with the discussion at the March 11 meeting, Chair Daddi has asked that the Building Appeals Board members complete the following survey regarding the major policy issues associated with the Second Unit Compliance Program. If you have comments that do not fit in the comment box continue them on a separate page. Please return the completed survey form to Shari Herbruck by Friday, March 20, so that she can compile the results for the Board. Yes No Comment Policy Questions All parking eliminated Un-Er forceable 1. Should conversions be allowed and the Carports allowed into the side and front requirement X covered parking eliminated? setbacks. Offroad spaces mu t be paved. 2. Should the maximum amount of the lot x To 50% under 10,000 lot size.All structures, that may be covered by structures (35% storage units on wheels must be included. for R-1 and R-2) be increased? 3. Should the maximum size be increased X May exceed the primary unit from 640 to 1,200 square feet? X 4. Should the second unit be allowed to exceed the size of the primary unit? 5. Should units built any time prior June All units must be included unt I the cut off 30, 2015 be eligible? (Rather than only X date 06/2015 or 09/2015 those built before January 1, 2006?) 6. Should the City Council establish a 09/30/2015, at which the firm end date for the compliance X built date fee is replaced with program?(What date? ) the current fee 7. Should second units be allowed in the Set backs to be eliminated o Zoning X required side and rear yard setbacks? 11 quirements of 8. Should the City Council require by Unenforceable deed restriction that the primary unit be X a y kind owner occupied? Attachment A Page 3 of 8
Page 2
9. Should building code compliance be based on the "in service date"? 10.Or, should building code compliance be based on the "State Civil Code 1941 Minimum Tenable Conditions"? 11.Should building fees be a flat amount per square foot rather than basing them on the "in-service date"? 12.Should the confidentiality of applicants be maintained to the degree possible under State law? 13.Should separate utility connections be allowed if the cost to the owner is lower? 14.Are there any other policy issues that the Building Appeals Board should address? (If so, please specify)
x
For code requirements Only, —14o-fee-forgiveness-
x
LIMITED TO State CC 1941 X x
x
Current rate after 09/30/2015 includes all Fee's 4 Public agencies already publish this information Owners sole discretion
Notification that these units v ill not be allowed to be rebuilt as curre ntly exists. The linita-MAIS-ruat-1444--nrIcIA d to. This class of non-conforming Second Units are a special, existing class of housing stock. No habitation unit fhould be demolished because of codes or rules. Units MUST be RED TAGGED and restored to storage if ithe unit cannot meet minimum Health and Safety standards, State Code 1941. X
g
The SUC policy has been misconstrued to include, current and proposed building codes " ie units exist, have existed for 68 years without added hazard or congestion. Permitting is a Fiduciary responsibility of council to collect all Fee's. The above changes will eliminate more than a dozen pages of the 21 page guide which is repetitive, confusing and contradictory. Zoning clearance goes away as does Fee's at estimated construction date. Deed restrictions, Owner occupancy Parking. Unit size and an increase in lot coverage for smaller lots. New current build date and defined Sunset to new codes and existing fee's will allow for 100% of Health and Safety compliant units. It is very important to clear this first 60 identified units. The Sanitation department will be starting it's lateral inspection program soon and should expect up to 10 times the amount now have on file.
Attachment A Page 4 of 8
OFFICE OF THE CITY MANAGER Robert F. Clark, City Manager P.O. Box 1570, Ojai, CA 93024
RECEIVED MAR 2 6 2015
MEMORANDUM To: From: Subject: Date:
Building Appeals Board Members Robert F. Clark, City Manager Second Unit Compliance Program Policy Issues March 13, 2015
Community Deveiopment Department,
In accordance with the discussion at the March 11 meeting, Chair Daddi has asked that the Building Appeals Board members complete the following survey regarding the major policy issues associated with the Second Unit Compliance Program. if you have comments that do not fit in the comment box continue them on a separate page. Please return the completed survey form to Shari Herbruck by Friday, March 20, so that she can compile the results for the Board. Yes No Comment Policy Questions 1. Should conversions be allowed and the / requirement covered parking eliminated? 2. Should the maximum amount of the lot se/0 that may be covered by structures (35% for R-1 and R-2) be increased? 3. Should the maximum size be increased v from 640 to 1,200 square feet? 50.1,91e c..t- -k. Lo-h 4. Should the second unit be allowed to / exceed the size of the primary unit? C.0 5. Should units built any time prior June 30, 2015 be eligible? (Rather than only V those built before January 1, 2006?) 6. Should the City Council establish a / 1/105 +0 end-KA_ aurrevi. firm end date for the compliance -4-t4v1.45 — 0.~4-tt..-1-kti+1 I. ) program?(What date? -kes bat- covvstrozlie h. 7. Should second units be allowed in the ,/ a 4 v Ex iSfiqn5 LA-n% 1,0 required side and rear yard setbacks? in s 8. Should the City Council require by -Wu- sci--6a. I/ deed restriction that the primary unit be owner occupied?
Attachment A Page 7 of 8
Page 2 F
i basal 0v' cche4T-1-14-e-41`0r) text 9. Should building code compliance be — 6A. (Aft irtadelul3H-v, based on the "in service date"? 10.Or, should building code compliance be 6 KI-of° / AG+ 5i-ricAi based on the "State Civil Code 1941 , , ,n 5 cttL t l' of---4-tujp. Minimum Tenable Conditions"? . .• MLA. auk tAAnnt..11.Should building fees be a flat amount / per square foot rather than basing them on the "in-service date"? 12.Should the confidentiality of applicants bors almokei 440- vk-QA, be maintained to the degree possible b fLA.atiA 14 liAttO tO under State law? -Pk -tKM' tA 03" 1tt Lk crcctGr. 13.Should separate utility connections be allowed if the cost to the owner is lower? 14.Are there any other policy issues that Ci tti aotin ia s-Itotact- esizikv tisk -Pirs ameta. petkcJL+itc Laethe Building Appeals Board should ca n.o40yiN 'AMA& O. no4 address? (If so, please specify) _. A •ites:; May►iaf g, i c 4tc 4fr- Sa)..
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Attachment A Page 8 of 8
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MEMORANDUM To: From: Subject: Date:
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Building Appeals Board Members Robert F. Clark, City Manager Second Unit Compliance Program Policy Issues March 13, 2015
In accordance with the discussion at the March 11 meeting, Chair Daddi has asked that the Building Appeals Board members complete the following survey regarding the major policy issues associated with the Second Unit Compliance Program. If you have comments that do not fit in the comment box continue them on a separate page. Please return the completed survey form to Shari Herbruck by Friday, March 20, so that she can compile the results for the Board.
Policy Questions 1. Should conversions be allowed and the requirement parking covered eliminated? 2. Should the maximum amount of the lot that may be covered by structures (35% for R-1 and R-2) be increased? 3. Should the maximum size be increased from 640 to 1,200 square feet? 4. Should the second unit be allowed to exceed the size of the primary unit? 5. Should units built any time prior June 30, 2015 be eligible? (Rather than only 1, 2006?) those built before Jan 6. Should the City Council establish a firm end date for the compliance program?(What date? 6. 04401:_ 7. Should second units be alloWeTiMe required side and rear yard setbacks? 8. Should the City Council require by deed restriction that the primary unit be owner occupied?
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Attachment A Page 5 of 8
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OW uLD 17M-1.4036s- &weal 9. Should building code compliance be i'-• caw-990-voimi PF-1/212—To f based on the "in service date"? 10. Or, should building code compliance be CGoa- C,4iv cx/m.sp based on the "State Civil Code 1941 -2( T4 PAS Minimum Tenable Conditions"? GoMrl-larP-A-zy,. 11. Should building fees be a flat amount riii-1- FMS Agg- 41.1 per square foot rather than basing them )C, EVIVI-6/1A--.-6 3=2'on the "in-service date"? WIlaitivIAIXOfity ., lf_ryc 12. Should the confidentiality of applicants -../ 5•Til4Fe771vW ) Yv.,..tMpfKri-rk be maintained to the degree possible under State law? 4C-4rviNinITMI- Fl t-ZC li 13. Should separate utility connections be Akis 6t\/-I-vi v't - ALA/M/f allowed if the cost to the owner is -S.. A- SPAI-ttrE ---tti---12-lower? (urn Lt 74) cvvIvb-exPo NJ 14. Are there any other policy issues that jVF- Pe 44004-14T vkii the Building Appeals Board should )4.. G. kittAr.f7 address? (If so, please specify) Z. OM/ ID c4onailvr ,444-
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Attachment A Page 6 of 8
Administrative Report DISCUSSION ITEM #1 TO:
Building Appeals Board
FROM:
Kathleen Wold, AICP, Community Development Director
DATE REPORT PREPARED:
March 5, 2015
MEETING DATE: March 11, 2015 SUBJECT:
Second Unit Compliance Program Guideline Discussion
Recommendations Receive "redline" comments from the Building Appeal boardmembers and discuss the program. Discussion At the February 25, 2015 Building Appeals Board meeting staff was directed to send out a word version of the Second Unit Compliance Program to the board members so that their comments could be consolidated into one document. On Thursday February 26, 2015 staff emailed the word document to the board members for their consideration and comment. To date staff has received back only one from Board member Hanson. A copy of this document has been provided. It addition to her comments, she also provided Sierra Madre's Compliance Program. Staff has also included this for your information. Chair Daddi has indicated to staff that he would like a verbal discussion regarding the following: 1. Requesting Council direction on owner occupied and deed restrictions. 2. Division Four 3. Current Program 4. Building Issues as it relates to the program.
Submitted by Kathleen Wold, AICP Community Development Director
Page 1 of 2
Attachments: A. City of Ojai's Second Dwelling Compliance Program Guideline B. Board member Hanson's comments C. Sierra Madre's Second Unit Amnesty Program D. Mr. Dewar's comments
Page 2 of 2
City of Ojai Community Development Department
Planning Commission areas of concern are noted in blue SECOND DWELLING COMPLIANCE PROGRAM GUIDELINES Version 3 — reviewed by Planning Commission on November 19, 2014 GENERAL DESCRIPTION The Second Dwelling Compliance Program ("Program") is a means by which to legalize dwellings that have been constructed without record of permits. If approved, as provided in the Second Dwelling Guidelines, the Second Dwelling Compliance Permit shall convey legal nonconforming status on the second dwelling pursuant to Article 13 The Program is operative for a limited time only* and after the end of this program, unpermitted second dwellings will be subject to: All ordinances then in effect including, but not limited to, all permit fees, building construction standards and zoning requirements that otherwise apply to new second dwellings; and may be assessed penalties as established by the City Council. *Any termination of this program shall not affect a complete application for a Second Dwelling Compliance Permit filed with the City prior to the termination date. ELIGIBILITY CRITERIA Eligible Applicant. An Eligible Applicant must be the owner of the Qualifying Property on which Eligible Dwellings are located. Eligible Dwellings. An Eligible Dwelling shall meet the following: (i) Shall be accessory to a primary dwelling on the same parcel; (ii) Shall provide complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, sanitation and parking, and if attached to the primary dwelling, is without interior access to the primary dwelling. (iii) Shall be the only habitable accessory structure on site. There shall be no other Second Dwelling Unit on the property.
Attachment A Page 1 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
Page 2 of 20
Qualifying Property, Qualifying Property consists of parcels of land that are located in an A, VMU, 0 or R zone district. Program Standards. Qualifying Property may comply with the terms and conditions of the Program rather than the requirements for new Second Residential Units as described in the Ojai Municipal Code. At a minimum: (i) the Qualifying Property must comply with the Modified Zoning Regulations and Property Standards adopted for the Program; (ii) the property owner (as the Eligible Applicant) must adhere to the Occupancy Requirements specific to the Qualifying Property; (iii) the unit must qualify as an Eligible Dwelling as described above (iv) the Application Process must be completed in a timely and proper manner; and (v) a Compliance Permit must be issued. PROCESS A compliance permit will be processed as follows: An application shall be submitted to the City for review and action. The first step in obtaining a compliance permit will be to obtain Zoning Conformance. The Planning Division shall review the proposal for compliance with the Modified Zoning Regulations listed below. If the project meets those requirements a Zoning Conformance shall be issued and the application shall be forwarded to the Building Division for review of the Property Standards. The Building Division will then cause the property to be inspected, a checklist shall be completed and written documentation given to the applicant if there are deficiencies. Planning process Based on the information submitted to the Community Development and an inspection of the property the Planning Division shall review the application for conformance to the Modified Zoning Standards as detailed below. If there are issues identified which prohibit the issuance of a Zoning Conformance, staff will provide the applicant in writing those deficiencies. All Zoning Conformance Decisions (Community Development Director's decisions) are appealable to the Planning Commission. MODIFIED ZONING STANDARDS At a minimum the Qualifying Property and an Eligible Dwelling shall conform to the following requirements: a. Lease Term. There shall be no limit on the length of occupancy or rental contract on any Compliance Unit. b. Zoning District. A Compliance Unit may be either a detached or an attached dwelling located within an. A, VMU, 0 or R zone district.
Attachment A Page 2 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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c. Exterior Design. No exterior design or architectural standards shall apply to any Single Story Compliance Unit. Two story Compliance Units shall require a Design Review Permit for any exterior alterations above the first floor that may be required to issue a Compliance Permit. d. Lot Size, There shall be no minimum lot size required for a Compliance Unit e. Floor Area. The maximum size of a Compliance Unit shall be 1200 square feet; however at no time shall a Second Dwelling unit exceed the size of the primary unit. f. Lot Coverage. At no time shall the Compliance Unit cause the lot coverage of the subject parcel to exceed the maximum lot coverage allowed in that zone district. g. Setbacks/building separation. The Compliance Unit may encroach into required rear and side yard setbacks, but no closer than five (5) feet. Setbacks may be further reduced subject to construction of properly rated fire separation but at no time shall it be closer than 3 feet to the property line. There shall be a minimum of 5 feet building separation between the primary building and/or any accessory structure and the subject Compliance Unit. h. Parking. The Compliance Unit may satisfy its parking requirement through common use of parking provided for the primary residence or use of on-street parking. The parking space provided for the second unit shall function independently from the parking spaces provided for the primary unit. i. Utility Services. All utilities (including gas, electric, water and sewer) serving the Compliance Unit must have common service connections with the primary dwelling. Number of Units. There shall only be one habitable unit on site in addition to the primary residential unit which includes a food preparation and/or cooking area. Additional structures may be allowed on the same lot with the recordation of a deed restriction that describes the exact use of the structure and agrees to prohibit a food preparation and/or cooking area. k. Deed restrictions. Prior to the issuance of a Compliance Permit, a deed restriction shall be recorded indicating that the use of the second unit as a separate dwelling may only continue if the property is owner-occupied. The deed restriction shall contain the statement that the property owner may apply to the Planning Commission for relief from this deed restriction based on property owner demonstrating a bona fide hardship. 1. The applicant shall agree in writing to provide a sworn statement or declaration that the property is owner-occupied upon the request of the City.
Attachment A Page 3 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
Page 4 of 20
Building Process Once a project has received Zoning Conformance approval the project is forwarded to the Building Division for review. The standards of review and compliance shall be those set forth in Chapter 10 of the Uniform Housing Code and the building codes in effect at tk "In Service Date" established for the unit. Please note that each application must have a complete "In Service Date" affidavit and accompanying documentation substantiating the "In Service Date". The Building Division will inspect the proposed Compliance Unit, prepare a checklist of all deficiencies and work with the applicant to bring the proposed unit into compliance which may entail the issuance of a building permit (plumbing, electrical, mechanical or structural) and further inspections. At the option of an Eligible Applicant, preliminary consultations may be conducted with the City without having to identify the ownership, occupancy or location of the Qualifying Property. The purpose of Preliminary Consultation is to clarify the application of Property Standards to specific circumstances, thus allowing the Eligible Applicant to determine the estimated cost and feasibility of making formal application for a Compliance Permit. The Preliminary Consultation may be conducted at the request of the Eligible Applicant or through a third-party intermediary such as the City's Second Dwelling Compliance Program Ombudsman.
PROPERTY STANDARDS Each "eligible unit" must conform to the minimum requirements of the Uniform Housing Code. In order to determine if a property meets the minimum requirements an inspection will be conducted. The inspection will be conducted by either the Building Official, Building Inspector or a consultant (contactor or inspector) approved by the Community Development Department. The City of Ojai Housing Standards Checklist will be utilized to identify issues. Once an inspection has been conducted and the checklist completed then the City of Ojai's Building Official will meet with the applicant to discuss the necessary improvements to bring the property into compliance with the minimum standards. Note: In addition to the minimum housing standards identified in the checklist any application for compliance involving a unit substantially built after January 1, 2006 must comply with current Building Codes.
Attachment A Page 4 of 20
Page 5 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014 Second Dwelling Compliance Program Application Please Fill out the following: Submittal Date
Assessor's Parcel Number
Compliance Unit address
Main Unit Address
Square footage of Compliance Unit
Owner's Name Owner's Address
In Service Date Garage Conversion?
Yes ❑ No0
Owner's Email Owner's Phonc
In Service Signed Affidavit and Associated materials submitted?
Plot plan and floor plan submitted? Missing information
Yes ❑ No0 Yes ❑ No0
Yes ❑ No0
Acknowledgement: I the owner of the subject parcel, agree to pay all permit, impact, school, and other associated costs prior to permit issuance. Signature
Date Office Use
Zoning Conformance
Approved ❑ Disapproved ❑ If disapproved provide reason
Housing Standards
Checklist and inspection completed Yes ❑ No ❑
Attachment A Page 5 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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APPLICATION INSTRUCTIONS AND GUIDELINES Formal Application. Applications shall be filed with the City's Community Development Department. The following items are required to make an application complete: (i) properly completed application form; (ii) site and floor plan showing property lines, location of main residence and second unit, locations of parking spaces, size and internal layout of the Compliance Unit; (iii) The "Date of Service" information and evidence; and (iv) Certification that the Eligible Applicant resides on the Qualifying Property, Process. Once an application is deemed complete for processing the application will be routed to the Planning Division for review of the Modified Zoning Regulations. If the project meets the modified Zoning standards a Zoning Conformance approval will be issued and the project will be forwarded to the Building Division for review of the property standards. All Zoning Conformance actions made by the Community Development Director shall be appealable to the Planning Commission (Article 30) Once a Zoning Conformance approval has been issued an inspection of the Qualifying Property will be made by the City to ascertain compliance with the Property Standards. The results of this inspection will be communicated to the Eligible Applicant in writing including all necessary work required to bring to bring the project into compliance with the required property standards. If subsequent inspections determine that additional corrective work is necessary to bring the unit into compliance with the Property Standards, supplemental permits may also be required by operation of the Ojai Municipal Code. A Compliance Permit will be issued based upon Zoning Conformance approval, verification by the City that the project is compliant with all property standards including but not limited to "In Service Date" building codes and Chapter 10 Uniform Housing Code and that any necessary corrective work has been completed and that all conditions of eligibility have properly satisfied. Timing. Applications must be received by the City and deemed complete on or before the termination date of the program as determined by Council. Applications filed after this date or deemed complete after this date will not be processed. Limitations. The protections and advantages of the Program shall only apply to Qualifying Property for which a Compliance Permit is issued. Permit Fees. Compliance Permit applications submitted and found to be complete shall be subject to all fees in effect as of the estimated date of construction (Date of Service). Eligible Applicants are also subject to fees charged by other agencies having jurisdiction such as the Ojai Unified School District, Ojai Sanitary District and Golden State Water Company; fee reductions (if any) are at the discretion of those agencies. Payment of fees and compliance with applicable regulations of these agencies is required as a condition prerequisite to issuance of a Compliance Permit.
Attachment A Page 6 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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Disclaimer. Issuance of an Compliance Permit shall not be deemed to grant authorization for any work to be done in violation of the provisions of the State Housing Law, California Building Standards Code, or and other law, ordinance or regulation enacted by any agency having jurisdiction as to the Compliance Unit, nor does the issuance of an Compliance Permit grant privileges or exceptions from any other regulatory authority other than from the City of Ojai. The Eligible Applicant remains obligated to comply with the requirements all other agencies having jurisdiction and is expressly responsible for correcting serious threats to health or safety (if any are found to exist) without further liability to the City. Confidentiality. All information obtained in connection with applications for a Compliance Permit will remain confidential and will NOT be placed in the building file for subsequent code enforcement action or in any way "cloud" title to the Qualifying Property. At such time as a Compliance Permit is issued all information shall be placed in the address file and the unit shall be recognized as a legal nonconforming unit.
Attachment A Page 7 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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PROGRAM SUPPORT Financial Assistance. The City, independent of the Program, operates a housing rehabilitation program for which the Eligible Applicant may qualify to undertake improvements to the Qualifying Property. For further information on eligibility requirements and funding availability, please contact HELP of Ojai, (805) 640-3320. In exchange for financial assistance, the Compliance Unit shall be subject to Affordability Covenants which limit the rent (for a minimum of duration of 20 years) to an amount not exceeding a sum equal to 15% of the area median income adjusted for family size appropriate to the Compliance Unit. Ombudsman Support. The City encourages the Eligible Applicant to avail itself of the Preliminary Consultation process and welcomes the use of third-party intermediaries. To facilitate this process, the City has created the Ombudsman Program which allows the Eligible Applicant to seek out the assistance of an independent facilitator (Ombudsman) to assist the prospective applicant in determining the potential of receiving a Compliance Permit for their particular situation. More information on the Ombudsman Program, as well as the availability of third-party intermediaries, may be obtained from the City.
Attachment A Page 8 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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Second Dwelling Compliance Program Housing Standards Checklist This checklist applies to the undocumented dwelling unit that is applying for a Second Dwelling Compliance Program to identify housing standard issues. Address:
, Ojai, CA.
Electrical hazards ❑ Lack of adequate permanent wiring or electrical service amperage
❑ Exposed electrical conductors or equipment ❑ Improper polarity or lack of GFCI protection in Bathroom or Kitchens
❑ Lack of continuity of electrical system
❑ Lack of separate access to electrical shut-off for their unit.
Plumbing hazards ❑ Cross contamination of potable water
❑ No hot water
❑ Lack of bathroom or kitchen facilities in dwelling unit
❑ Lack of connection to approved or adequate sewage system.
Attachment A Page 9 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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❑ Gas piping installed without inspection and pressure test
❑ Lack of separate access to gas shut-off. ❑ Water heater not properly installed
Mechanical hazards ❑ Lack of permanent heating system capable of 68 degrees at 36" above floor two foot away
❑ Improper vented gas appliances located within a sleeping room
❑ Gas vent clearance too close to combustible materials
❑ Inadequate ventilation (mechanical or natural) of bathrooms
Structural integrity of building ❑ New or enlarged structural wall openings ❑ New or increased loads on foundation, horizontal members, floors, ceilings, or roofs
❑ Foundation is cracked, damaged or shifting
Required egress and room dimensions ❑ Missing an independent entrance to unit (requires at least one clear and operable 32" wide exit door)
❑ Does not have minimum ceiling height (7'0")
Attachment A Page 10 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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❑ Lack of exterior egress window or door
❑ Rooms do not meet minimum dimensions
Stairs ❑ Lack of 36 inch of width
❑ Riser lack required 8 inch height
❑ Treads lack required 9 inch width
❑ Handrails do not have the required height (34"-38" above the tread nose) ❑ Balusters (Guard rail) have openings larger than 4 inches apart.
Light and ventilation ❑ Lack of ventilation for each room (excluding Baths, Kitchens, and Laundry rooms)
❑ Room (excluding Baths, Kitchens, and Laundry rooms) has exterior window/door opening area less than 4% of the floor area of the room
Utilities/Emergency Response ❑ Address missing on exterior of unit (A separate and new address will be assigned by the City)
❑ Lack of potable water, electricity, or gas (if needed to serve heaters)
Fire safety ❑ No operable smoke detector(s) and carbon monoxide detector(s) in:
Attachment A Page 11 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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❑ Lack of smoke and carbon monoxide detectors in hallways serving sleeping room
❑ Lack of smoke detector in sleeping room
❑ Fire protection between units
Hazards The property will be evaluated for hazards including but not limited to lead paint, asbestos, flood hazards. If the Qualifying Property is identified as having a hazard then the condition must be abated. ❑ Unit is not free of environmental hazards (peeling or cracking paint (lead) or asbestos.
❑ Lack of Weather Protection
❑ Unit is located within a Special Hazard flood area.
Inspection Information Square Footage of the unit Inspection Date Inspection conducted by Findings of inspection Issues Cleared
No
Yes if so, date
Record search
Attachment A Page 12 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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In Service date The City of Ojai The In-Service Date may be established with one of the following forms of documentation. 1. 2. 3. 4.
The County Assessor's initial date recognizing the second dwelling unit. Escrow documents indentifying the unit. Prior Official Building, Planning or Code Enforcement records Real estate transfer disclosure forms for second dwelling unit.
If the above information is not available then a combination of the following can be utilized to establish the "In Service date". 1. An inspection of the premises by the City Building Official, Building Inspector or a consultant/inspector approved by the City of Ojai. 2. Sanborn maps or maps which identify the unit. 3. Insurance documents. 4. Other documentation will be considered on a case by case basis. Factors considered: 1. 2. 3. 4. 5.
Did the construction occur prior to incorporation of the City (1921)? Did the construction occur prior to annexation into City? Did construction occur prior to adoption of City Zoning Did Construction occur prior to adoption of Building Codes (1959)? Did construction occur prior to the adoption of the first Second Unit Ordinance in 1988?
Attachment A Page 13 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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Affidavit Acknowledging In-Service Date Date
, certify that the documentation used in providing the "In Service" date of for the Second Dwelling Compliance Unit located at is to the best of my knowledge true, accurate and unaltered.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Owner Signature
Attachment A Page 14 of 20
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Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
Zoning Conformance Property Owner and Address Information Second Dwelling Unit Address Main Unit Address Submittal Date In Service Date Owner's Name Owner's Phone Owner's Address
Proposed Second Dwelling Compliance Unit meets the Modified Zoning Standards and a Zoning Conformance Approval is issued.
Community Development Director
Date
Attachment A Page 15 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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Decisions of the Building Official Can Be Appealed Any person adversely affected by a determination made by the Building Official in administering or enforcing any provision of this chapter may appeal the determination to the Building Appeals Board. (a) Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the City Council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. The appeal shall be filed with the Building Official no later than ten (10) days after (b) receipt of written notice of the determination and the appeal provisions of this chapter. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Building Appeals Board and a failure to exhaust administrative remedies. (c) Within forty-five (45) days of receiving an appeal, the Building Official shall schedule a hearing before the Building Appeals Board which shall consider relevant evidence presented at the hearing. Appellant shall be given at least ten (10) days' written notice of the date and time of the hearing. The Building Appeals Board shall render a final written decision with findings within a (d) reasonably prompt time after the filing of the appeal. The authority of the Building Appeals Board to render a written decision shall be limited to the scope of authority of the Building Official in the first instance and the Building Appeals Board shall have no authority to waive a requirement of this title. The decision of the Building Appeals Board shall be final and conclusive. The written (e) decision shall be sent to the appellant and shall provide that, pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced in an appropriate court of law not later than the ninetieth day after the date that the decision becomes final.
Attachment A Page 16 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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BUILDING APPEALS BOARD Informational Sheet WHAT IS AN APPEAL? An appeal is a request for the Building Appeals Board to review decisions of the Building Official in which it's believed the conclusion reached was inappropriate. Findings, decisions, or determination of the Building Official can be appealed. WHAT ISSUES CAN BE CONSIDER IN AN APPEAL? An application for appeal is based on a claim that the true intent of the California Building Code or the rules legally adopted there under have been incorrectly interpreted, the provisions of the California Building Code does not fully apply, or an equally good or better form of construction is proposed. The Building Appeals Board may consider appeals of any building-related finding, decision, or determination made by the Building Official. WHO CAN APPEAL A DECISION OR DETERMINATION? Any involved person may appeal a finding, decision, or determination made by the Building Official. `HERE IS AN APPEAL FILED? All appeals to the Building Appeals Board must be filed with the City of Ojai's Community Development Department. WHAT IS THE FILING FEE FOR A BUILDING APPEAL? The filing fee for an appeal is $500.00, which is refundable if the appeal is granted. WHAT IS REQUIRED TO FILE AN APPEAL? All appeals to the Building Appeals Board must be filed on an official "Building Appeals Application" form. These forms are available at the Community Development Department. The application form must be completely filled out and clearly state those issues or portion of the findings, decision, or determination being appealed since the Building Appeals Board will consider only those issues or portions which were raised in the appeal form. Once an appeal is accepted for filing, additional issues cannot be raised after this time or at the hearing. WHAT IS A "STATEMENT OF GROUNDS?" The appeal application form includes a section entitled "Statement of Grounds for Appeal." The statement of grounds is the appellant's opportunity to state the reasons why the decision or determination
Attachment A Page 17 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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is being appealed and why the appellant believes that the decision or determination of the Building Official was inappropriately decided. WHAT HAPPENS AFTER THE APPEAL IS FILED? Once a complete appeal is accepted for filing, a hearing is schedule. The appellant will be notified of the date, time, and place of the hearing by mail in advance. A staff report will be submitted to Building Appeals Board and made available to the appellant prior to the hearing. The staff report provides information on the appeal and the decision or determination being appealed and may include a recommended action. The hearing on the appeal is then held. WHAT HAPPENS DURING THE APPEAL HEARING? The Board conducts a public hearing on the appeal, listening to the arguments and facts from the appellant or property owner, anyone else who wishes to be heard, and from the Building Official. The Building Appeals Board or Building Official may ask questions of staff, appellant, or other persons providing input at the appropriate time in the hearing process. Once the deliberation phase begins, the Board of Appeals can take action to uphold the appeal thereby modifying or overturning the previous decision, to deny the appeal, or to continue the hearing for further deliberation or information. When the Board of Appeals makes its decision on the matter, the appeal process is finished. WHERE TO FILE: b.,ommunity Development Department Ojai City Hall 401 S. Ventura Street Ojai, CA 93024 (805) 646-5581
OFFICE HOURS: 8:00 am to 5:00 pm Monday through Friday
Attachment A Page 18 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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BUILDING APPEAL APPLICATION Applicant(s) Name: Address: Telephone/Fax/E-mail: ATTACH ADDITIONAL INFORMATION IF NEEDED TO DESCRIBE THE APPEAL IN DETAIL 1. Reason for Appeal
2. Statement of Grounds for Appeal:
3. If this appeal involves an application or permit application for construction, please provide the following information: a. Address of Construction Project: b. Owner's Name and Mailing Address:
4. Reference the specific section of the code your interpretation involves: Please circle the applicable Code: CBC CEC CMC CPC OMC Other: 5. Do you have any information materials or references of support, please list each item attached: Item 1: Item 2: Item 3:
I hereby certify under penalty of perjury that the information I have provided is true and accurate. Signature of Property Owner
Date
Attachment A Page 19 of 20
Second Dwelling Compliance Program Version 3 - Planning Commission review on November 19, 2014
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CODE INTERPRETATION APPLICATION Applicant(s) Name: Address: Telephone/Fax/E-mail: ATTACH ADDITIONAL INFORMATION IF NEEDED TO DESCRIBE PROJECT IN DETAIL. 1. Reason for Request
2. Reference the specific section of the code your interpretation involves: Please circle the applicable Code: CBC CEC CMC CPC OMC Other: 3. Do you have any information materials or references of support, please list each item attached: Item 1: Item 2: Item 3: 4. Would you like to meet with the Building Official to present your viewpoint and comments? Please Circle: Yes or No This meeting would be an informal hearing for the sole purpose of explaining your viewpoints regarding the issue(s). The Building Official's goal in this hearing is to make sure he fully understands your position. A written interpretation from the Building Official will be prepared and mailed after meeting. If you do not choose to meet with the Building Official, a written interpretation from the Building Official will be prepared and mailed.
I hereby certify under penalty of perjury that the information I have provided is true and accurate.
Signature of Property Owner
Date
Attachment A Page 20 of 20
Planning Commission areas of concern are noted in blue SECOND DWELLING COMPLIANCE PROGRAM GUIDELINES Version 3 — reviewed by Planning Commission on November 19, 2014 GENERAL DESCRIPTION
The Second Dwelling Compliance Program ("Program") is a means by which to legalize dwellings that have been constructed without record of permits. If approved, as provided in the Second Dwelling Guidelines, the Second Dwelling Compliance Permit shall convey legal nonconforming status on the second dwelling pursuant to Article 13 The Program is operative for a limited time only* and after the end of this program, unpermitted second dwellings will be subject to: I have a problem with this punitive action. At least, have no assessed penalties for late corners and offer reduced fees. We need to make this inviting and non-threatening for applicants to come `orward. All ordinances then in effect including, but not limited to, all permit fees, building construction standards and zoning requirements that otherwise apply to new second dwellings; and may be assessed penalties as established by the City Council. *Any termination of this program shall not affect a complete application for a Second Dwelling Compliance Permit filed with the City prior to the termination date.
ELIGIBILITY CRITERIA • • Eligible Applicant. An Eligible Applicant must be the owner of the Qualifying Property on which Eligible Dwellings are located. • • Eligible Dwellings. An Eligible Dwelling shall meet the following: • (i) Shall be accessory to a primary dwelling on the same parcel; (ii) Shall provide complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, sanitation and parking, and if attached to the primary dwelling, is without interior access to the primary dwelling. (iii)Shall be the only habitable accessory structure on site. There shall be no other Second Dwelling Unit on the property.
Attachment. B Page 1 of 20
• Qualifying Property. Qualifying Property consists of parcels of land that are located in an A, VMU, 0 or R zone district. • Program Standards. Qualifying Property may comply with the terms and conditions of the Program rather than the requirements for new Second Residential Units as described in the Ojai Municipal Code. At a minimum: (i) the Qualifying Property must comply with the Modified Zoning Regulations and Property Standards adopted for the Program; (ii) the property owner (as the Eligible Applicant) must adhere to the Occupancy Requirements specific to the Qualifying Property; In cases where there are difficult circumstances, consideration should be given for both units to be rented. (iii) the unit must qualify as an Eligible Dwelling as described above (iv) the Application Process must be completed in a timely and proper manner; and (v) a Compliance Permit must be issued. • PROCESS A compliance permit will be processed as follows: An application shall be submitted to the City for review and action. The first step in obtaining a compliance permit will be to obtain Zoning Conformance. The Planning Division shall review the proposal for compliance with the Modified Zoning Regulations listed below. If the project meets those requirements a Zoning Conformance shall be issued and the application shall be forwarded to the Building Division for review of the Property Standards. The Building Division will then cause the property to be inspected, by the ombudsman? A home inspector chosen by the applicant?a checklist shall be completed and written documentation given to the applicant if there are deficiencies. Planning process Based on the information submitted to the Community Development and an inspection of the property the Planning Division shall review the application for conformance to the Modified Zoning Standards as detailed below. If there are issues identified which prohibit the issuance of a Zoning Conformance, staff will provide the applicant in writing those deficiencies. All Zoning Conformance Decisions (Community Development Director's decisions) are appealable to the Planning Commission. MODIFIED ZONING STANDARDS At a minimum the Qualifying Property and an Eligible Dwelling shall conform to the following requirements: a. Lease Term. There shall be no limit on the length of occupancy or rental contract on any Compliance Unit. There should be a minimum length of occupancy so as to avoid these units becoming vacation rentals. b. Zoning District. A Compliance Unit may be either a detached or an attached dwelling located within an A, VMU, 0 or R zone district. c. Exterior Design. No exterior design or architectural standards shall apply to any Single Story Compliance Unit. Two story Compliance Units shall require a Design Review Permit for any exterior alterations above the first floor that may be required to issue a Compliance Permit. d. Lot Size. There shall be no minimum lot size required for a Compliance Unit e. Floor Area. The maximum size of a Compliance Unit shall be 1200 square feet; however at no time shall a Second Dwelling unit exceed the size of the primary unit. f. Lot Coverage. At no time shall the Compliance Unit cause the lot coverage of the subject parcel to exceed the maximum lot coverage allowed in that zone district.
Attachment B Page 2 of 20
g. Setbacks/building separation. The Compliance Unit may encroach into required rear and side yard setbacks, but no closer than five (5) feet. Setbacks may be further reduced subject to construction of properly rated fire separation but at no time shall it be closer than 3 feet to the property line. There shall be a minimum of 5 feet building separation between the primary building and/or any accessory structure and the subject Compliance Unit. h. Parking. The Compliance Unit may satisfy its parking requirement through common use of parking provided for the primary residence or use of on-street parking. The parking space provided for the second unit shall function independently from the parking spaces provided for the primary unit. i. Utility Services. All utilities (including gas, electric, water and sewer) serving the Compliance Unit must have common service connections with the primary dwelling. What happens if the utilities are separate? J.
Number of Units. There shall only be one habitable unit on site in addition to the primary residential unit which includes a food preparation and/or cooking area. Additional structures may be allowed on the same lot with the recordation of a deed restriction that describes the exact use of the structure and agrees to prohibit a food preparation and/or cooking area.
k. Deed restrictions. Prior to the issuance of a Compliance Permit, a deed restriction shall be recorded indicating that the use of the second unit as a separate dwelling may only continue if the property is owneroccupied. The deed restriction shall contain the statement that the property owner may apply to the Planning Commission for relief from this deed restriction based on property owner demonstrating a bona fide hardship. YES 1. The applicant shall agree in writing to provide a sworn statement or declaration that the property is owneroccupied upon the request of the City.
Attachment B Page 3 of 20
Building Process Once a project has received Zoning Conformance approval the project is forwarded to the Building Division for review. The standards of review and compliance shall be those set forth in Chapter 10 of the Uniform Housing Code and the building codes in effect at the "In Service Date" established for the unit. Please note that each application must have a completed "In Service Date" affidavit and accompanying documentation substantiating the "In Service Date". The Building Division will inspect the proposed Compliance Unit, prepare a checklist of all deficiencies and work with the applicant to bring the proposed unit into compliance which may entail the issuance of a building permit (plumbing, electrical, mechanical or structural) and further inspections. • At the option of an Eligible Applicant, preliminary consultations may be conducted with the City without having to identify the ownership, occupancy or location of the Qualifying Property. The purpose of Preliminary Consultation is to clarify the application of Property Standards to specific circumstances, thus allowing the Eligible Applicant to determine the estimated cost and feasibility of making formal application for a Compliance Permit. The Preliminary Consultation may be conducted at the request of the Eligible Applicant or through a third-party intermediary such as the City's Second Dwelling Compliance Program Ombudsman.
• • PROPERTY STANDARDS Each "eligible unit" must conform to the minimum requirements of the Uniform Housing Code. In order to determine if a property meets the minimum requirements an inspection will be conducted. The inspection will be conducted by either the Building Official, Building Inspector or a consultant (contactor or inspector) approved by the Community Development Department. The City of Ojai Housing Standards Checklist will be utilized to identify issues. Once an inspection has been conducted and the checklist completed then the City of Ojai's Building Official will meet with the applicant to discuss the necessary improvements to bring the property into compliance with the minimum standards. Note: In addition to the minimum housing standards identified in the checklist any application for compliance involving a unit substantially built after January 1, 2006 must comply with current Building Codes.
Attachment B Page 4 of 20
Second Dwelling Compliance Program Application 'lease Fill out the following: Assessor's Parcel Number
.omittal Date Compliance Unit address
Main Unit Address
Square footage of Compliance Unit
Owner's Name
In Service Date
Owner's Address Yes 0 No0
Garage Conversion?
Owner's Email Owner's Phone Plot plan and floor plan submitted? Missing information
In Service Signed Affidavit and Associated materials submitted?
Yes 0 No0 Yes 0 No0
Yes 0 NoEl
Acknowledgement: I the owner of the subject parcel, agree to pay all permit, impact, school, and other associated costs prior to !- rmit issuance. Why do we have to police this activity? We should only notify them that it should be done. Date Signature Office Use Zoning Conformance
Approved 0 Disapproved 0 If disapproved provide reason
Housing Standards
Checklist and inspection completed Yes 0 No 0
APPLICATION INSTRUCTIONS AND GUIDELINES Formal Application. Applications shall be filed with the City's Community Development Department. The following items are required to make an application complete: (i) properly completed application form; (ii) site ?nd floor plan showing property lines, location of main residence and second unit, locations of parking spaces, Attachment B Page 5 of 20
size and internal layout of the Compliance Unit; (iii) The "Date of Service" information and evidence; and (iv) Certification that the Eligible Applicant resides on the Qualifying Property, Process. Once an application is deemed complete for processing the application will be routed to the Planning Division for review of the Modified Zoning Regulations. If the project meets the modified Zoning standards a Zoning Conformance approval will be issued and the project will be forwarded to the Building Division for review of the property standards. All Zoning Conformance actions made by the Community Development Director shall be appealable to the Planning Commission (Article 30) Once a Zoning Conformance approval has been issued an inspection of the Qualifying Property will be made by the City to ascertain compliance with the Property Standards. The results of this inspection will be communicated to the Eligible Applicant in writing including all necessary work required to bring to bring the project into compliance with the required property standards. If subsequent inspections determine that additional corrective work is necessary to bring the unit into compliance with the Property Standards, supplemental permits may also be required by operation of the Ojai Municipal Code. A Compliance Permit will be issued based upon Zoning Conformance approval, verification by the City that the project is compliant with all property standards including but not limited to "In Service Date" building codes and Chapter 10 Uniform Housing Code and that any necessary corrective work has been completed and that all conditions of eligibility have properly satisfied. Timing. Applications must be received by the City and deemed complete on or before the termination date of the program as determined by Council. Applications filed after this date or deemed complete after this date will not be processed. If the application was in process if should be processed without penalty. Limitations. The protections and advantages of the Program shall only apply to Qualifying Property for which a Compliance Permit is issued. Permit Fees. Compliance Permit applications submitted and found to be complete shall be subject to all fees in effect as of the estimated date of construction (Date of Service). Eligible Applicants are also subject to fees charged by other agencies having jurisdiction such as the Ojai Unified School District, Ojai Sanitary District and Golden State Water Company; fee reductions (if any) are at the discretion of those agencies. Payment of fees and compliance with applicable regulations of these agencies is required as a condition prerequisite to issuance of a Compliance Permit. Disclaimer. Issuance of an Compliance Permit shall not be deemed to grant authorization for any work to be done in violation of the provisions of the State Housing Law, California Building Standards Code, or and other law, ordinance or regulation enacted by any agency having jurisdiction as to the Compliance Unit, nor does the issuance of an Compliance Permit grant privileges or exceptions from any other regulatory authority other than from the City of Ojai. The Eligible Applicant remains obligated to comply with the requirements all other agencies having jurisdiction and is expressly responsible for correcting serious threats to health or safety (if any are found to exist) without further liability to the City. This could make the whole process so unaffordable that no applicant would want to come forward. Confidentiality. All information obtained in connection with applications for a Compliance Permit will remain confidential and will NOT be placed in the building file for subsequent code enforcement action or in any way "cloud" title to the Qualifying Property. At such time as a Compliance Permit is issued all information shall be placed in the address file and the unit shall be recognized as a legal nonconforming unit.
Attachment B Page 6 of 20
PROGRAM SUPPORT 'financial Assistance. The City, independent of the Program, operates a housing rehabilitation program for rich the Eligible Applicant may qualify to undertake improvements to the Qualifying Property. For further information on eligibility requirements and funding availability, please contact HELP of Ojai, (805) 640-3320. In exchange for financial assistance, the Compliance Unit shall be subject to Affordability Covenants which limit the rent (for a minimum of duration of 20 years) to an amount not exceeding a sum equal to 15% of the area median income adjusted for family size appropriate to the Compliance Unit. Ombudsman Support. The City encourages the Eligible Applicant to avail itself of the Preliminary Consultation process and welcomes the use of third-party intermediaries. To facilitate this process, the City has created the Ombudsman Program which allows the Eligible Applicant to seek out the assistance of an independent facilitator (Ombudsman) to assist the prospective applicant in determining the potential of receiving a Compliance Permit for their particular situation. More information on the Ombudsman Program, as well as the availability of third-party intermediaries, may be obtained from the City.
Attachment B Page 7 of 20
Second Dwelling Compliance Program Housing Standards Checklist This checklist applies to the undocumented dwelling unit that is applying for a Second Dwelling Compliance Program to identify housing standard issues. Address:
, Ojai, CA.
Electrical hazards ❑ Lack of adequate permanent wiring or electrical service amperage ❑ Exposed electrical conductors or equipment ❑ Improper polarity or lack of GFCI protection in Bathroom or Kitchens ❑ Lack of continuity of electrical system ❑ Lack of separate access to electrical shut-off for their unit.
Plumbing hazards ❑ Cross contamination of potable water ❑ No hot water ❑ Lack of bathroom or kitchen facilities in dwelling unit
❑ Lack of connection to approved or adequate sewage system.
❑ Gas piping installed without inspection and pressure test ❑ Lack of separate access to gas shut-off.
)❑ Water heater not properly installed Attachment B Page 8 of 20
Mechanical hazards Lack of permanent heating system capable of 68 degrees at 36" above floor two foot away ❑ Improper vented gas appliances located within a sleeping room ❑ Gas vent clearance too close to combustible materials ❑ Inadequate ventilation (mechanical or natural) of bathrooms
Structural integrity of building ❑ New or enlarged structural wall openings ❑ New or increased loads on foundation, horizontal members, floors, ceilings, or roofs ❑ Foundation is cracked, damaged or shifting
Acquired egress and room dimensions ❑ Missing an independent entrance to unit (requires at least one clear and operable 32" wide exit door) ❑ Does not have minimum ceiling height (7'0") ❑ Lack of exterior egress window or door ❑ Rooms do not meet minimum dimensions
Stairs ❑ Lack of 36 inch of width ❑ Riser lack required 8 inch height
Attachment B Page 9 of 20
0 Treads lack required 9 inch width
O Handrails do not have the required height (34"-38" above the tread nose)
0 Balusters (Guard rail) have openings larger than 4 inches apart.
Light and ventilation O Lack of ventilation for each room (excluding Baths, Kitchens, and Laundry rooms)
O Room (excluding Baths, Kitchens, and Laundry rooms) has exterior window/door opening area less than 4% of the floor area of the room
Utilities/Emergency Response O Address missing on exterior of unit (A separate and new address will be assigned by the City)
O Lack of potable water, electricity, or gas (if needed to serve heaters)
Fire safety 0 No operable smoke detector(s) and carbon monoxide detector(s) in:
O Lack of smoke and carbon monoxide detectors in hallways serving sleeping room
O Lack of smoke detector in sleeping room
O Fire protection between units
Hazards The property will be evaluated for hazards including but not limited to lead paint, asbestos, flood hazards. If the Qualifying Property is identified as having a hazard then the condition must be abated. Many units are built when lead paint and asbestos was the norm. We should let them alone. O Unit is not free of environmental hazards (peeling or cracking paint (lead) or asbestos.
)0 Lack of Weather Protection Attachment B Page 10 of 20
)Unit is located within a Special Hazard flood area.
Inspection Information Square Footage of the unit Inspection Date Inspection conducted by Findings of inspection Issues Cleared
No
Yes if so, date
Record search
Attachment B Page 11 of 20
In Service date The City of Ojai The In-Service Date may be established with one of the following forms of documentation. 1. 2. 3. 4.
The County Assessor's initial date recognizing the second dwelling unit. Escrow documents indentifying the unit. Prior Official Building, Planning or Code Enforcement records Real estate transfer disclosure forms for second dwelling unit.
If the above information is not available then a combination of the following can be utilized to establish the "In Service date". 1. An inspection of the premises by the City Building Official, Building Inspector or a consultant/inspector approved by the City of Ojai. 2. Sanborn maps or maps which identify the unit. 3. Insurance documents. 4. Other documentation will be considered on a case by case basis. Factors considered: 1. 2. 3. 4. 5.
Did the construction occur prior to incorporation of the City (1921)? Did the construction occur prior to annexation into City? Did construction occur prior to adoption of City Zoning Did Construction occur prior to adoption of Building Codes (1959)? Did construction occur prior to the adoption of the first Second Unit Ordinance in 1988?
Attachment B Page 12 of 20
Affidavit Acknowledging In-Service Date
, certify that the documentation used in providing the "In Service" date of is to the
for the Second Dwelling Compliance Unit located at best of my knowledge true, accurate and unaltered.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Owner Signature
Attachment B Page 13 of 20
Zoning Conformance Property Owner and Address Information Second Dwelling Unit Address Main Unit Address Submittal Date In Service Date Owner's Name Owner's Phone Owner's Address
Proposed Second Dwelling Compliance Unit meets the Modified Zoning Standards and a Zoning Conformance Approval is issued.
Community Development Director
Date
Attachment B Page 14 of 20
Decisions of the Building Official Can Be Appealed ny person adversely affected by a determination made by the Building Official in administering or enforcing y provision of this chapter may appeal the determination to the Building Appeals Board. (a) Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the City Council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (b) The appeal shall be filed with the Building Official no later than ten (10) should be 30 days days after receipt of written notice of the determination and the appeal provisions of this chapter. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Building Appeals Board and a failure to exhaust administrative remedies. (c) Within forty-five (45) days of receiving an appeal, the Building Official shall schedule a hearing before the Building Appeals Board which shall consider relevant evidence presented at the hearing. Appellant shall be given at least ten (10) days' written notice of the date and time of the hearing. (d) The Building Appeals Board shall render a final written decision with findings within a reasonably prompt time after the filing of the appeal. The authority of the Building Appeals Board to render a written decision shall be limited to the scope of authority of the Building Official in the first instance and the Building Appeals Board shall have no authority to waive a requirement of this title. (e) The decision of the Building Appeals Board shall be final and conclusive. The written decision shall be sent to the appellant and shall provide that, pursuant to California Code of Civil Procedure Section 1094.6, any .ction to review said decision shall be commenced in an appropriate court of law not later than the ninetieth day !ter the date that the decision becomes final.
Attachment B Page 15 of 20
BUILDING APPEALS BOARD Informational Sheet WHAT IS AN APPEAL? An appeal is a request for the Building Appeals Board to review decisions of the Building Official in which it's believed the conclusion reached was inappropriate. Findings, decisions, or determination of the Building Official can be appealed. WHAT ISSUES CAN BE CONSIDER IN AN APPEAL? An application for appeal is based on a claim that the true intent of the California Building Code or the rules legally adopted there under have been incorrectly interpreted, the provisions of the California Building Code does not fully apply, or an equally good or better form of construction is proposed. The Building Appeals Board may consider appeals of any building-related finding, decision, or determination made by the Building Official. WHO CAN APPEAL A DECISION OR DETERMINATION? Any involved person may appeal a finding, decision, or determination made by the Building Official. WHERE IS AN APPEAL FILED? All appeals to the Building Appeals Board must be filed with the City of Ojai's Community Development Department. WHAT IS THE FILING FEE FOR A BUILDING APPEAL? The filing fee for an appeal is $500.00, I suggest no more than $250.00 which is refundable if the appeal is granted. WHAT IS REQUIRED TO FILE AN APPEAL? All appeals to the Building Appeals Board must be filed on an official "Building Appeals Application" form. These forms are available at the Community Development Department. The application form must be completely filled out and clearly state those issues or portion of the findings, decision, or determination being appealed since the Building Appeals Board will consider only those issues or portions which were raised in the appeal form. Once an appeal is accepted for filing, additional issues cannot be raised after this time or at the hearing. WHAT IS A "STATEMENT OF GROUNDS?" The appeal application form includes a section entitled "Statement of Grounds for Appeal." The statement of grounds is the appellant's opportunity to state the reasons why the decision or determination is being appealed and why the appellant believes that the decision or determination of the Building Official was inappropriately decided. WHAT HAPPENS AFTER THE APPEAL IS FILED?
Attachment B Page 16 of 20
Once a complete appeal is accepted for filing, a hearing is schedule. The appellant will be notified of the date, time, and place of the hearing by mail in advance. A staff report will be submitted to Building Appeals Board 'nd made available to the appellant prior to the hearing. The staff report provides information on the appeal and decision or determination being appealed and may include a recommended action. The hearing on the appeal is then held. WHAT HAPPENS DURING THE APPEAL HEARING? The Board conducts a public hearing on the appeal, listening to the arguments and facts from the appellant or property owner, anyone else who wishes to be heard, and from the Building Official. The Building Appeals Board or Building Official may ask questions of staff, appellant, or other persons providing input at the appropriate time in the hearing process. Once the deliberation phase begins, the Board of Appeals can take action to uphold the appeal thereby modifying or overturning the previous decision, to deny the appeal, or to continue the hearing for further deliberation or information. When the Board of Appeals makes its decision on the matter, the appeal process is finished. WHERE TO FILL: Community Development Department Ojai City Hall 401 S. Ventura Street Ojai, CA 93024 (805) 646-5581
OFFICE HOURS: 8:00 am to 5:00 pm Monday through Friday
BUILDING APPEAL APPLICATION Applicant(s) Name: Address: Telephone/Fax/E-mail: ATTACH ADDITIONAL INFORMATION IF NEEDED TO DESCRIBE THE APPEAL IN DETAIL 1. Reason for Appeal
Attachment B Page 17 of 20
2. Statement of Grounds for Appeal:
3. If this appeal involves an application or permit application for construction, please provide the following information: a. Address of Construction Project: b. Owner's Name and Mailing Address:
4. Reference the specific section of the code your interpretation involves: Please circle the applicable Code: CBC CEC CMC CPC OMC Other: 5. Do you have any information materials or references of support, please list each item attached: Item 1: Item 2: Item 3:
I hereby certify under penalty of perjury that the information I have provided is true and accurate. Signature of Property Owner
Date
CODE INTERPRETATION APPLICATION Applicant(s) Name: Address: Telephone/Fax/E-mail:
ATTACH ADDITIONAL INFORMATION IF NEEDED TO DESCRIBE PROJECT IN DETAIL. 1.Reason for Request
2. Reference the specific section of the code your interpretation involves: Please circle the applicable Code: CBC CEC CMC CPC OMC Other: Do you have any information materials or references of support, please list each item attached: Item 1: Attachment B Page 18 of 20
Item 2: Item 3: Would you like to meet with the Building Official to present your viewpoint and comments? Please Circle: Yes or No This meeting would be an informal hearing for the sole purpose of explaining your viewpoints regarding the issue(s). The Building Official's goal in this hearing is to make sure he fully understands your position. A written interpretation from the Building Official will be prepared and mailed after meeting. If you do not choose to meet with the Building Official, a written interpretation from the Building Official will be prepared and mailed.
herehy eetti wider penally. of polar? that the information I have proNid-ed i true and agCurate.
Signnture of Proverty Owner
Dart
Attachment B Page 19 of 20
Purpose Sierra Madre is initiating a Second Unit Amnesty Program for a six month period, from October 2012 to March 2013. Second units have been identified as a means of helping the City to provide its share of affordable housing units identified in the Statemandated regional housing needs allocation (RHNA). The program will offer incentives to property owners to register existing, non-permitted second units by demonstrating safe and habitable conditions. The City's goals in establishing the amnesty program are:
A "second unit" is a selfcontained residential dwelling either attached to the main house or in a separate structure on the property. To qualify as a second unit, the unit must include of the following:
a
❖ A bedroom • A full bathroom ❖ A separate cooking facility
1) To encourage healthy and safe conditions in existing housing units. 2) To meet the City's share of affordable housing units (RHNA) required by the State. 3) To reduce or eliminate the requirement to establish zoning for higher density multifamily housing.
Why Would I Want A Second Unit Amnesty Permit? • A legal second unit can increase your property value and make it more attractive to potential buyers. • Provides an opportunity to register existing second units with the City. • Allows for the relaxation of development standards during the amnesty period, such as reduced setbacks, and increased height and square feet limits.
What Are The Basic Eligibility Requirements For An Amnesty Permit? • Property owner must document that the existing second unit did not have an individual address as of the 2000 census, does not have a building permit of record, AND was constructed prior to January 1, 2006. Acceptable documentation includes, but is not limited to the following: o Written affidavits from- former and/or current owners, tenants, or neighbors, signed and notarized under penalty of perjury o County Assessor records
Attachment C Page 1 of 8
•
o Rental contracts and/or receipts o Income tax records o Utility bills Property owner must maintain either the residence or the second unit as a primary residence.
What Standards Does a Second Unit Need to Meet? • • • •
Second unit must not exceed 800 square feet in size. Height must not exceed 15 feet, or up to 25 feet if built above a garage. Side and rear yard setbacks may be reduced to zero where privacy and environmental considerations are not compromised. Must undergo an inspection performed by the City's Building Official; property owner must be willing to upgrade to health and safety codes to be granted an amnesty permit.
Please Note: The City stresses that applicants will not be penalized for inquiring about the amnesty program. Information applicants provide on the Amnesty Permit application will not be used as the basis for enforcement action unless there is a clear and imminent danger to public safety and/or environmental health.
What Are The Necessary Steps To Receive An Amnesty Permit? 1. Property owner submits complete application to the Development Services Department. 2. An appointment is scheduled for the Building Official to inspect the second unit. 3. Given the Building Official's findings of any necessary upgrades to bring the unit up to code, the property owner decides whether they want to pursue the Amnesty Permit. 4. If the applicant chooses to pursue the Amnesty Permit, neighbors within 100' of the property will be noticed of the request to legalize the existing second unit. If no neighbor appeals within 7 days, the permit is granted. If an appeal is received, the request for the amnesty permit will go before the Planning Commission for review at a public hearing. If the request is denied, the existing second unit will continue to be allowed as a nonconforming unit. 5. Once the Amnesty Permit is approved, the property owner has one year to complete any necessary improvements to bring the unit into compliance with the Uniform Building Code and California Health and Safety Code. Once the unit has received a final inspection by the Building Department, notice will be sent to Los Angeles County to legalize the second unit.
City staff will provide assistance to potential applicants in completing the amnesty application. For additional information please contact the Sierra Madre Development Services Department at (626) 355-7138. Danny Castro, Director of Development Services Leticia Cardoso, Senior Planner
Attachment C Page 2 of 8
City of Sierra Madre
Agenda Report TO:
Honorable Mayor and Members of the City Council
FROM:
Elaine Aguilar, City Manager
VIA:
Danny Castro, Director of Development Services
DATE:
October 9, 2012
Josh Noran, Mayor • Nancy Wafrh Wayor Tiro Tem John Capoccia, Council Wernher John Ifara6edian Council-Wernher Chris Koerher, Council" Wernher Nancy Shorknfierger, Secretary Richard - Ways, City Treasurer
SUBJECT: CONSIDERATION OF RESOLUTION 12-38: Approving Second Unit Amnesty Permit Requirements in association with implementing a housing program objective of the 2008-2014 Housing Element
SUMMARY Staff has been working to obtain State Department of Housing and Community Development (HCD) certification of the City's draft 2008-2014 Housing Element. A Housing Program objective identified in the Housing Element is implementation of a Second Unit Amnesty Program, to meet Sierra Madre's lower income RHNA (Regional Housing Needs Allocation) requirement. This objective meets the City's Housing Element goal to legalize these units, bring them into the City's official housing stock to contribute towards meeting regional housing needs (RHNA), and make them safe and sanitary for current and future tenants. Staff recommends that the City Council approve Resolution 12-38 (attached), approving Second Unit Amnesty Permit Requirements, in association with implementing a housing program objective of the 2008-2014 Housing Element. ANALYSIS Through all of the housing element public workshops, and Planning Commission and City Council meetings regarding the challenges of complying with the State housing element requirements, the City recognizes the existence of numerous second units in the community built without permits, but which could be counted towards meeting RH NA. As part of the housing program objective, a Citywide survey was sent out to all FOR CITY COUNCIL AGENDA
ITEM NUMBER
99381.2
Attachment C Page 3 of 8
Resolution 12-38: Second Unit Amnesty Permit Requirements October 9, 2012 Page 2 of 3
households (property owners) within the past week, to collect information to determine who lives in the second units, how many exist, what are the rent ranges, and sizes of the second units. The survey has the dual purpose of promoting the amnesty program and highlighting the benefits of legalizing unpermitted second units, including increasing property values. Attached for reference are the survey materials that were mailed out to all Sierra Madre households. Implementing a second unit amnesty program will allow the City to gain credit towards Sierra Madre's State-mandated regional housing needs, and thereby reduce or eliminate the requirement for Sierra Madre to upzone other sites for higher density multi-family housing within this housing element cycle and the next cycle. The Second Unit Amnesty Permit Requirements establish the criteria for submitting an application — it provides the purpose, time frame of six months to apply under the amnesty program (between October 15, 2012 and April 15, 2013), eligibility requirements, development standards, (size of unit, height, setbacks, parking), and safety inspection requirements. In addition to allowing some flexibility in the zoning standards, it is proposed as an incentive that the second unit application fee be waived (as provided in the housing element). It is also proposed that other permit fees and associated planning fees be assessed at 50% of the applicable fees. The current fee to apply for a second unit under the current Code is $1,112.00, not including plan check and permit fees should a second unit require upgrades to meet health and safety codes. The Second Unit Amnesty Permit Requirements are attached as Exhibit A to the Resolution. It is important to note that an applicant must be willing to upgrade the existing second unit to health and safety codes in order to be granted an amnesty permit to legalize the structure. If the Building Inspector finds in his inspection significant health and safety code violations, these must be corrected regardless of whether an applicant chooses to pursue the second unit amnesty permit to legalize the structure. For example, the second unit must have proper ventilation for bedrooms (exit door or window), safely installed electricity, comfort heating, smoke detectors, etc., and it must structurally stable for habitation. Staff has prepared a pre-assessment list of items for property owners who are interested in applying, and will assist them with any questions, so that they know upfront what is involved before committing to an application. The balance of the City's lower income RHNA will be met through the identification of a suitable site for upzoning to accommodate potential affordable housing development. At the September 25, 2012 City Council meeting, the City Council gave direction to staff to include one of the eight sites identified in the sites inventory analysis as part of the housing element. The identified parcels are 293 and 271 Mariposa Avenue, which are contiguous parcels currently zoned R-3, owned by a single entity, and with a combined lot size of 34,300 square feet. This site would be able to meet the minimum default density of 20 units per acre and yield a minimum 16 units, per State housing law requirements. Identification of this site will replace the 186/182 W. Highland site
99381.2
Attachment C Page 4 of 8
Resolution 12-38: Second Unit Amnesty Permit Requirements October 9, 2012 Page 3 of 3 originally identified in the Housing Element, and which HCD found in their review that the individually owned parcels could not meet the minimum 16 unit threshold, and that consolidation does not appear likely. Staff is contacting the property owner of 293 and 271 Mariposa to inform them of the housing element statutes and inclusion of these properties for upzoning. The new zoning will be coming before the Planning Commission and City Council in the next couple months. As a reminder, the housing element requires that we plan, it does not require that we build. The property owner is not obligated to do anything to their property. Another housing element program objective, which coincides with the amnesty program, is to amend the current second dwelling unit ordinance by removing some of the zoning constraints, including the low income rent restriction, limitations on unit size, limitations on lot size, and setback requirements. The goal of this objective is to better facilitate the provision of second units for seniors, caregivers, and other lower and extremely low income households. Staff will be forwarding a proposed zone text amendment to the Planning Commission and City Council in the next couple of months. FINANCIAL REVIEW With the proposed application fee waiver and 50% break on associated planning, plan check, and permit fees, there will be a loss of revenue with the implementation of the Second Unit Amnesty Program. If the City receives at least 6 applications within the amnesty period (a stated goal in the housing element to achieve RHNA compliance), the loss in revenue will amount to approximately $12,000. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Copies of this report are available at the City Hall public counter and the Sierra Madre Public Library. STAFF RECOMMENDATION Staff recommends that the City Council approve Resolution 12-38 (attached), approving Second Unit Amnesty Permit Requirements, in association with implementing a housing program objective of the 2008-2014 Housing Element. Attachments: 1) Resolution 12-83 (includes Exhibit A, Second Unit Amnesty Permit Requirements 2) Survey materials
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Attachment C Page 5 of 8
EXHIBIT A City of Sierra Madre Second Unit Amnesty Permit Requirements October 2012
A.
Purpose: The Second Unit Amnesty Permit process is intended to encourage the legalization of existing residential second units that were constructed without proper permits. The City's goal in establishing the amnesty program is to: 1. Ensure that existing second units are safe and habitable; 2. Implement the City's Housing Element and gain credit towards Sierra Madre's Statemandated regional housing needs (RHNA): and 3. Reduce or eliminate the requirement to establish zoning for higher density multifamily housing.
B.
Time Frame: The Amnesty period will be in effect for a six month period, effective October 15, 2012 to April 15, 2013, during which time the owner of an existing second unit created prior to January 1, 2006, may submit a completed Second Unit Amnesty Permit application to legalize their unit. The City Council may by resolution extend the conclusion of the amnesty period.
C.
Eligibility: The following basic eligibility requirements must be met to participate in the Amnesty Program: 1. Existing second unit must be located on a residentially-zoned property. The property must include a single-family residence and one second unit. No more than one second unit is permitted per parcel. 2. Property owner must maintain either the residence or the second unit as a primary residence. 3. Property owner must provide at least two forms of evidence that the existing second unit did not have an individual mailing address as of the 2000 census, does not have a building permit of record as a legal second unit, AND was constructed prior to January 1, 2006. Acceptable documentation includes, but is not limited to the following: o County Assessor records o Rental contracts and/or receipts o Income tax records o Utility bills o Contractor's bills and/or o Written affidavits from former owners, tenants, or neighbors, signed and notarized under penalty of perjury
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D.
Second Unit Development Standards/Requirements: All of the following standards must be met for an existing second unit to be granted an Amnesty Permit: 1. Definition. Must meet the following State definition of an independent second unit: Attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation located on the same parcel as the primary dwelling unit. 2. Parcel Size. There is no minimum parcel size requirement. 3. Unit Size. The unit shall provide a minimum of 220 square feet of floor area and shall not exceed a maximum of 800 square feet of floor area. 4. Floor Area. Up to 500 square feet of an amnesty second unit will be exempted from the Code maximum permissible floor area for all structures on a property. Any additional floor area above 500 square feet will be counted as floor area for future development on the property. If the property already exceeds the Code floor area limit, the property will be considered legal non-conforming. 5. Height. Building height must not exceed 15 feet, or up to 25 feet if the second unit is located above a garage or located on the second floor. 6. Setbacks. May be located five (5) feet from the side and/or rear property lines. Setbacks may be reduced to zero, subject to the requirements of Section 17.60.025 (Minor variance). The Minor variance application fee shall be reduced by 50% in association with an amnesty permit application. 7. Parking. It shall be demonstrated by site plan that one off-street, accessible parking space (minimum dimensions of 9 feet by 20 feet) can be provided, located outside of the front yard setback area, in addition to the existing parking for the primary residence. 8. Safety Inspection. Satisfactory completion of a Second Unit Housing Inspection by the City Building Official and Fire Department is required. An applicant must be committed to upgrade the second unit to health and safety codes in order to be granted an amnesty permit. A complete checklist of requirements will be available from the City Development Services Department, and a department representative is available to assist with any questions.
E.
Review Procedure: Second Unit Amnesty Permit applications shall be reviewed and approved ministerially by the Director of Development Services. Neighbors within 100' of properties requesting an Amnesty Permit will be noticed of the request. Additional notification shall be required if a property owner is also applying for a minor variance for reduced setback(s). If an appeal is received, the request for the amnesty permit will go before the Planning Commission for review at a public hearing.
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F.
Fees: During the amnesty period, the City will waive the second unit permit fee. Other fees for planning-related services, minor variance applications, plan checks and building permits shall be assessed at 50% of the applicable fees.
G.
Non-Conformity Provisions: Upon final issuance of a Second Unit Amnesty Permit, if the amnesty unit violates any provisions of the Zoning Ordinance it shall be deemed a legal nonconforming structure, subject to Zoning Ordinance Chapter 17.56 (Nonconforming Uses).
H.
Approval and Recordation of Amnesty Permit: Final inspection of the second unit by the Building Inspector must be completed within one year from the date the application is deemed complete, or else the application will be considered abandoned. Once the second unit has passed a final inspection by the Building Inspector, the second unit amnesty permit will be granted and notice will be sent to the Los Angeles County Recorder's Office to legalize the second unit.
Attachment C Page 8 of 8
From: Tim Dewar
Subject: comments to council Date: February 25, 2015 9:20:30 AM PST To: Rob Clark , Tom Farmer Gentlemen: Below are my comments regarding the Second Unit Compliance program made last night to Council.
Attachment A Page 2 of 20 Modified Zoning Standards a. Lease term. There shall be no limit on the length of occupancy or (on the length of any) rental contract on any compliance unit. Attachment A Page 9 of 20 Please define adequate exposed improper lack of continuity cross contamination no hot water properly installed improper too close inadequate New or enlarged new or increased loads cracked, damaged Lack of ventilation Lack of weather protection Page 11 of 12 Balusters have openings larger than 4 Page 12 of 20 The property will be evaluated for hazards including but not limited to lead paint, asbestos, flood hazards. If the qualifying property is identified as having a hazard then the condition must be abated. Unit is not free of environmental hazards (peeling or cracking paint (lead) or asbestos. Who is going to test for lead paint and asbestos? If a unit has either of those will they not qualify? Page 16 of 20 applicant has 10 days to appeal. City has 45 days to schedule and then applicant could receive
10 days notice. Page 19 of 20 Penalty of perjury twice!
