October 1, 2017 The Honorable Jennifer Montgomery, Chairwoman The Honorable Jim Holmes Vice Chairman The Honorable Jack Duran The Honorable Kirk Uhler The Honorable Robert Weygandt Placer County Board of Supervisors 175 Fulweiler Avenue Auburn, CA 95603 RE: Zoning Text Amendment on 2 nd units outside the Tahoe Basin Chair Montgomery and Supervisors: Thank you for this opportunity to comment on changes to Placer County Code Section 17.56.200 (Secondary dwellings/multi-generational housing). Our Association is a regional, non-profit trade association composed of 377 member companies representing the broad cross section of the building industry and related trades and professions. Our 377 member companies translate into hundreds if not thousands of working families. We are involved in affordable/workforce housing issues for three reasons: Employer need for housing to retain employees Economic impact of housing on the construction industry Regulatory aspect of housing policy Your actions on the Amendments relate to second units outside the Tahoe Basin portion of Placer County (i.e. Northstar, Squaw Valley, Martis Valley, Sierra Meadows, Donner Summit, etc. The housing crisis is severe and widespread. Every effort should be made to increase the supply of available units for the local resident who is currently living in substandard conditions (too expensive, too crowded, or too far away) or the commuter who would gladly move here if an affordable/attainable/achievable unit were available. That is not just our mindset it is shared by others. We believe the County shares that goal as well. Second units are one answer to the affordable housing shortage in our region. It makes efficient use of already disturbed land and can provide a steady income stream to the property owner. Second units can fill the demand for smaller dwellings and help diversify our housing stock. It certainly is not the ultimate answer but provides one remedy. The Association would like to propose one change to Section 17.56.200 E. Owner-Occupancy Required. As your staff report notes (page 3), As part of the Municipal Advisory Council and other stakeholder outreach efforts, a concern was raised regarding the requirement for either the primary or secondary dwelling on the site to be occupied by the owner of the property. Although, this provision does not require the owner to occupy one of the dwellings on a continuous basis, it does prevent rental of both units at any one time. We respectfully request that you delete the Owner-Occupancy requirement. Our request does not extend to the last sentence of E related to the sale of the second unit. We make this request in light 12313 Soaring Way, Suite 1G Truckee, CA 96161 530.550.9999 www.ca-tt.com
of the current housing crisis in the Eastern Placer County are We did raise this issue with your staff on July 14 and greatly appreciate seeing this issue shared in the staff report. During the August 24 Planning Commission deliberation on our request, concerns were raised about code enforcement/nuisance issues or change in neighborhood character with long term renters. Please do not dismiss a viable solution based on potential bad actors. While there is no guarantee that both units would be rented, we think that option should be available. This is especially important if the County moves forward with a voluntary, incentive-based program to convert short term vacation rentals to longer term, locals-only housing. It does not make sense to limit your own efforts with this restriction. For your reference I have included two documents: Subsection 4, Occupancy, Requirements for Secondary Residences, Placer County Tahoe Basin Area Plan Implementing Regulations, pages 267-8, adopted by TRPA in January 2017, following your adoption in December 2016 Subsection I, Occupancy and rental requirements, Town of Truckee Development Code proposed changes (in yellow highlight) to Section 18.58.230 (Secondary Residential Units) (September 19, 2017 Town Staff Report for Planning Commission, page 6) In both examples, there is no requirement for owner occupancy. One solution to address our request may be to delete the owner occupancy requirement for eastern Placer County. That would make Placer County Code consistent with the Tahoe Basin Area Plan Implementing Regulations and the Town of Truckee Development Code. Even if the TBAP Implementing Regs for Secondary Residences need to be changed to conform to CA state law, the owner occupancy requirement should not be added to the TBAP. There were very good reasons why owner occupancy was not included in the TBAP and those reasons still exist. Insuring flexibility and seeking regional consistency on housing issues seems worthwhile to our Association. Thank you for considering our request for this change. Please do not hesitate to contact me (530-550-9999 or pat@ca-tt.com) if you have any questions. Sincerely, CONTRACTORS ASSOCIATION OF TRUCKEE TAHOE Pat Davison Executive Director Attachments: January 2017 Tahoe Basin Area Plan, Implementing Regulations, pages 267-268 September 19, 2017 Town of Truckee Planning Commission Meeting Staff Report, page 6 2
Implementing Regulations Chapter 3 Area-Wide Standards and Guidelines The standards and guidelines outlined in this Chapter apply to the entire Plan are The district standards in Chapter 2 supplement these standards for each subdistrict or overlay district. 3.01 Permissible Uses Permissible Uses are defined in Chapter 21 of the TRPA Code of Ordinances. Permissible uses for each zoning subdistrict are outlined in Chapter 2 of these Area Plan Regulations. Additional provisions for secondary residences are outlined in Subsections A and B below. A. Additional Secondary Residences Allowed. In addition to secondary residences permitted as an accessory use by Section 21.3.2 of the TRPA Code of Ordinances, secondary residences are also permitted as accessory to a single family residence if the parcel is deed restricted to prohibitthe secondary residence to be converted to a tourist use or utilized as a vacation rental, and that is deed restricted for affordability as determined by the Placer County Housing Specialist and in accordance with current California Department of Housing and Community Development requirements. A secondary residence shall be considered a Residential Unit subject to the residential allocation and transfer provisions of the TRPA Code of Ordinances. Consistent with the TRPA fouryear Area Plan recertification process, the secondary residential unit program shall be evaluated for efficacy and necessary adjustments. B. Requirements for Secondary Residences 1. 2. 3. Application Contents and Requirements. An Administrative Review Permit approval is required for a secondary residence within the Lake Tahoe Basin. The following materials shall be submitted with permit applications for secondary residences: Undeveloped Parcels. Applications for secondary residences on unde- veloped parcels shall include elevations and floor plans for both the main and second units. Existing Residence. On a lot with an existing single-family residence, include floor plans and elevations of the second unit and a representative photograph of the primary residence. Timing of Permit and Construction. A permit for a secondary residence may be issued and the unit constructed either simultaneously with or subsequent to the primary residence to be constructed on the site. Design Standards for Secondary Residences. Maximum Floor Are The maximum floor area allowed for a secondary residence, whether attached to the primary unit or detached, shall be based on the area of the lot as follows, provided that an attached unit shall not increase the floor area of an existing primary residence by more than 30 percent. [NOTE: Floor area as used in this section means the living area of a residence, exclusive of any garage or carport, which is measured from the outside surfaces of exterior walls or walls between living areas and a garage.] 267
Placer County TABLE 3.01.A: MAXIMUM SECONDARY RESIDENCE SIZE Lot Area of Site Maximum Secondary Residence Floor Area 2.29 acres or less 840 sq. ft. 2.3 to 4.99 acres 1,000 sq. ft. 5 acres or more 1,200 sq. ft. 4. 5. 6. 7. c. Occupancy. Allowable Garage Are Detached secondary residences may be allowed an attached garage or carport with a maximum size of 576 square feet in addition to maximum permitted living are Such space must be clearly designed for the storage of an automobile(s). Appearance of Secondary Residence. The secondary residence shall be architecturally compatible with the primary residence. For attached units, the appearance of the building shall remain that of a single-family residence. Either the primary or secondary residence on the site shall be occupied at least 10 months per year. Short-term rental of a secondary residence or its bedrooms to overnight guests for fewer than 30 consecutive days is prohibited. General Development Requirements. Construction associated with any secondary residence shall conform to the height, setback, lot coverage, site plan review, fees, charges, and other requirements generally applicable to residential construction within the zoning subdistrict where the subject property is located. Building Code and Floor Area Calculation Requirements. Detached secondary residences or additions to existing primary residences shall comply with appropriate building code requirements, minimum parcel size requirements, maximum unit floor area limits for the secondary residence, parking standards and building setback standards. Floor area calculations shall be measured from exterior walls consistent with Uniform Building Code standards. Deed Restriction. Prior to issuance of a building permit for a secondary residence, the owner shall record a deed restriction which addresses the restrictions on such units contained herein. The declaration shall run with the land and be binding upon the applicant and successor property owners. 268
Truckee Planning Commission 9-19-17 Staff Report - Changes to Development Code Section 18.58.230 Secondary Residential Units Parking exemptions. On-site parking shall not be required if the secondary unit is located within a half mile of a transit stop or within the Downtown Specific Plan Area General Plan Land Use Designation; the secondary unit is part of an existing primary residence or an existing accessory structure; or a car share vehicle station is located within one block of the secondary unit. G. Replacement parking spaces. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of a second unit, the minimum required number of on-site parking spaces shall be replaced, but may be provided in any configuration on the same lot as the secondary unit, including, but not limited to, as enclosed or covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts. H. Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system or by an on-site system approved by the Nevada County Department of Health Department. A secondary unit shall not be allowed on a parcel that is served by an on-site septic system and is less than three acres. I. Occupancy and Rental requirements. On a parcel with a primary dwelling unit and a secondary unit, only one of the units may be rented as a transient rental. There are no occupancy restrictions for long term rentals of 30 days or more on either unit. Both the primary dwelling and the secondary unit may be rented out as long-term rentals; one may be used as the permanent or seasonal residence of the property owner and the other may be rented out to a long-term renter; one may be a long-term rental and the other may be a transient rental; or one may be occupied by the property owner and the other may be a transient rental. J. Sale of unit prohibited. No secondary unit shall be created for sale or financing through a condominium plan, community apartment plan, housing cooperative, or other subdivision. Sale of a secondary unit independent and/or separate from the main dwelling shall be prohibited. K. California Building Standards Code requirements. Each secondary unit shall be constructed in compliance with all applicable California Building Standards Code requirements. Second units are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit. L. Illegal secondary units. This Section shall not validate any existing illegal secondary unit. To convert a non-allowed secondary unit to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed secondary unit. M. Junior Accessory Dwelling Units. 1. Applicability. Junior accessory dwelling units are allowed in the DRS, DRM, RR and RS zoning districts, subject to compliance with the requirements of this Section. 2. Number of units allowed. A maximum of one junior accessory dwelling unit shall be allowed on a single-family parcel developed with one existing main dwelling, but shall not be allowed on a parcel developed with two or more dwelling units. 3. Location on site. A junior accessory dwelling unit shall be located within the existing walls of the single-family residence, and requires the inclusion of an existing bedroom. 4. Access. A separate entrance from the main entrance to the structure, with an interior entry to the main living area, shall be required. Commission Staff Report Page 6 of 23