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CC Min 1990-09-17
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CC Min 1990-09-17
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CC Index
CC Index - Document Type
Minutes
Date
9/17/1990
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"g—the provisions for accessory dwellings [herein described <br />shall] not extend to dwellings constructed after the effective date of <br />this Ordinance. <br />8. Appellant concedes that his proposed structure cannot comply with the <br />foregoing provisions of Zoning Ordinance Section 2.5.2 because the <br />construction of the single - family residence located on the Subject Property <br />was not completed until March 8, 1990. <br />9. Appellant urges that the provisions of Zoning Ordinance Section 2.5.2 <br />are invalid because they do not conform to the requirements of Government <br />Code Section 65852.2. Specifically, Appellant states that said Section <br />65852.2 does not authorize a city to adopt an ordinance which limits <br />construction of second dwelling units to inclusion within single - family <br />residential structures which were in existence as of the date of the <br />enactment of its local ordinance. <br />10. Government Code Section 65852.2(a) grants to municipalities broad <br />discretion to enact ordinances which regulate the creation of accessory <br />dwellings. <br />11. Government Code Section 65852.2(b) provides, in pertinent part: <br />11(b)... 11 <br />"this subdivision establishes the maximum standards that local agencies <br />shall use to evaluate proposed second units on lots zoned for <br />residential use which contain an existing single - family dwelling. No <br />additional standards, other than those provided in this subdivision or <br />subdivision (a), shall be utilized or imposed, except that a local <br />agency many require an applicant for a permit issued pursuant to this <br />subdivision to be an owner - occupant." <br />12. Said subdivision (b) establishes the standards that shall apply for the <br />approval or disapproval of an application to construct a second dwelling <br />unit on lots zoned for residential use when a local agency has not adopted <br />an ordinance governing such units pursuant to subdivision (a) of said <br />section. Among the standards established by subdivision (b) of Government <br />Code Section 65852.2 is the following: <br />"(3) The lot contains an existing single- family dwelling." <br />(Emphasis added.) <br />13. The legislative findings made in adopting Government Code Section <br />65852.2 include the following: <br />"... "(b) The Legislature finds and declares that California's existing <br />housing resources are vastly underutilized due in large part to the <br />changes in social patterns. The improved utilization of this state's <br />existing housing resources offers an innovative and cost - effective <br />solution to California's housing crisis." (Sl.b Chapter 1440, Stats. <br />1982; emphasis added.) <br />MINUTE BOOK NO. 50 Reg. Mtg. Minutes <br />Page No. 070 September 17, 1990 <br />Page 9 <br />
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