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CC Min 1988-06-27
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CC Min 1988-06-27
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CC Index
CC Index - Document Type
Minutes
Date
6/27/1988
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Item No. 4 (continued) <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 />addi ti onal standards, other than those pro vi ded i n thi s subdi vi si on or <br />subdivision (a), shall be utilized or imposed, except that a local agency <br />may require an applicant for a permit issued pursuant to this subdivision <br />to be an owner- occupant." <br />9. Said subdivision (b) establishes the standards that shall apply for <br />the 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 an <br />ordinance governing such units pursuant to subdivision (a) of said section. <br />Among the standards established by subdivision (b) of Government Code Section <br />65852.2 is the following: <br />" (3) The lot contains an existing single-family dwelling." (Emphasis <br />added.) <br />10. The legislative fi ndi ngs made in adopting Government Code Section <br />65852.2 include the following: <br />"... "(b) The Legislature finds and declares that California's exi sti nq <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 />exi sti nq housing resources offers an innovative and cost - effective <br />solution to California's housing crisis." (Sec.l .b. Chapter 1440, Stats. <br />1982; Emphasis added.) <br />11. Both the standards established pursuant to subdivision (b) of <br />Government Code Section 65852.2 and the legislative findings made in <br />connection with the adoption of said section permit, and indicate, <br />respectively, that local ordinances may require that second dwelling units on <br />residentially zoned property be limited to lots with existing dwelling <br />structures constructed thereon. <br />12. The proposed dwelling cannot currently be deemed "underutilized ", as <br />specified in the above - quoted legislative fi ndi ngs , since it is not yet in <br />existence. Construction of a second dwelling unit on the Subject Property <br />within the proposed single-family residential structure would create an <br />overutilized condition on the Subject Property because it would establish a <br />new, higher density use of the property, and not take advantage of an <br />existing low density usage reflective of "...changes in social patterns." <br />(cf., legislative findings, para 10, supra). <br />13. Granting Appellant's application would encourage similar applications <br />with respect to the other unimproved lots in the vicinity of the Subject <br />Property, which, if likewise granted, would create an even greater condition <br />of overuti l izati on of said properties. <br />14. The above- described concrete platform which would serve as the floor <br />of the second dwelling unit proposed to be constructed by Appellant would <br />create a thi rd f Ioor i n the structure. <br />Reg.Mtg. <br />6/27/88 MINUTE BOOK NO. 48 <br />page 5 Page No. 111 <br />
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