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AgdaPkt 2000-04-10
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AgdaPkt 2000-04-10
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7/21/2005 10:25:34 AM
Creation date
6/28/2005 2:22:41 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
4/10/2000
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<br />'1B-3 <br /> <br />d. <br /> <br />. Change in neighborhood character due to increased density. <br />. Other - increased activity, such as more children in schools, greater use of <br />community services, etc. <br /> <br />Other Cities. Neighboring cities use several approaches to address illegal units including: <br />enforcement programs, a transition program, and ordinances on second living units. <br />Attachment #1 summarizes some of the standards in cities' accessory dwelling unit <br />ordinances. <br />í. Enforcement <br />In San Carlos, there are 2 approaches to enforcement depending on how the violation <br />(illegal second unit) came to the city's attention - the inspection plan approach and the <br />complaint approach. <br /> <br />When the city is performing an inspection and the staff comes across an illegal garage <br />conversion, the inspector determines whether a violation involves matters of health <br />and/or safety. Such violations include the absence of a firewall or fire door, a gas <br />water heater in a sleeping area, a furnace, hazardous electrical wiring, unions in gas <br />lines, and extension cords. When a violation involves health and safety, the owner <br />is instructed to rip out the unit 99 percent of the time (In the other 1 percent of the <br />time, it may be possible to correct the deficiency in the health and safety violation). <br />When a violation in a second unit does not involve health and safety issues, the city <br />writes a violation, but does not pursue it or take it to court. If an owner sells the <br />property, the owner should disclose to the prospective buyer that the property <br />contains an outstanding violation because this violation continues to be outstanding <br />until corrected. <br /> <br />The city proceeds differently when it receives a complaint regarding an illegal garage <br />conversion. If a complaint is a signed complaint, the owner must remove the illegal <br />unit regardless of whether the violation involves matters of health and safety. <br />Enforcement proceeds by the book. If ?I complaint is an anonymous complaint, the <br />city staff drives by the house to see if there is an violation that is obvious when viewed <br />from the street, such as a window cut into a garage door facing the street - clearly <br />indicating a garage conversion. If so, the city requires removal of the unit. If a <br />violation is not visible from the street (and the complaint is anonymous), no action is <br />taken. <br /> <br />Thus, city enforcement action varies depending on the origin of the information on the <br />illegal unit. Secondly, only when an illegal unit is discovered during the course of an <br />inspection, are violations not related to health and safety written up, but not pursued <br />further. <br /> <br />ii. <br /> <br />Daly City's Amnesty Program <br />In 1992 Daly City began a 1% year amnesty program for legalizing illegal living units <br />and downstairs rooms such as a bedroom or family room built without a permit. Also <br />qualifying for the amnesty program was a unique situation involving tandem garages. <br />If the rear portion of a tandem garage had been converted to a living space (such as <br />a family room) and the entire property contained a single residence, the living space <br />could gain amnesty because the remaining parking space in the garage and a space <br />in the driveway (tandem space.s are acceptable) satisfy parking requirements. <br />Conversion of a single-car garage or part of a side-by-side, two-car garage did not <br />qualify for the amnesty program. The City's point of view was that these illegal units <br /> <br />-3- <br /> <br />---...... .-r----"------'."-- <br />
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