San Carlos Second Dwelling Units
San Carlos has adopted Chapter 18.23.210 Second Dwelling Units in its Municipal Code
18.23.210 Second dwelling units.
A. Purpose. The purpose of this section is to:
1. Allow second dwelling units as an accessory use to single-unit dwellings, consistent with California Government Code Section 65852.2; and
2. Maintain the single-family character of neighborhoods in the City.
B. Standards.
1. Location. Second units may be established on any lot in any district where a primary single-unit dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit and there is no other second dwelling unit within four hundred feet measured from nearest edge of the lot line of each respective or proposed second dwelling unit. The Director may grant a waiver to the four-hundred-foot separation requirement if he finds that there are no substantial parking, privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit. The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least ten days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.
2. Number of Units. Only one second unit is permitted per primary single-family dwelling on the same lot.
3. Type of Unit. The second unit shall provide separate, independent living quarters for one household. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two dwelling units.
4. Maximum Floor Area. The gross floor area of a detached second unit shall not exceed six hundred forty square feet. The gross floor area of an attached second unit shall not exceed thirty percent of total living area, or the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code, whichever is greater, with a maximum allowable floor area of one thousand two hundred square feet.
5. Development Standards. Second units shall conform to the height, setbacks, lot coverage and other zoning requirements of the zoning district in which the site is located, the following development standards, other requirements of the Zoning Ordinance, and other applicable City codes.
a. Height. The maximum height of a second dwelling unit is fifteen feet; twenty-eight feet if located over a detached garage.
b. Setbacks. In addition to all other requirements of the zoning district, any detached second dwelling units shall be located a minimum of five feet from all side and rear lot lines.
i. The Director may grant a waiver to this setback requirement for second units constructed prior to January 1, 2003, if the length of the building does not exceed twenty-five feet or one-third of the unobstructed distance along a lot line or the structure has been determined to be legally nonconforming and if he finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit.
ii. In no event shall any detached second dwelling unit be located closer than three feet from any property line.
iii. The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least twenty days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.
c. Openings. Openings, including but not limited to windows and doors, for detached second dwelling units that are located ten feet or less from an interior side or rear lot line are prohibited on walls facing such lot lines.
i. The Director may grant a waiver, pursuant to the provision of Chapter 18.33, Waivers, to allow openings for detached second dwelling units that are located ten feet or less from a side or rear lot line on walls facing lot lines if he/she finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit.
ii. The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least twenty days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.
6. Architectural Compatibility. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of the second dwelling unit shall be substantially the same as and visually compatible with the primary dwelling.
7. Parking. One independently usable on-site parking space shall be provided for the second dwelling unit, which shall be provided in addition to the required parking for the primary single-unit dwelling. This space shall comply with all development standards set forth in Chapter 18.20, Parking and Loading.
a. A tandem parking space may also be used to meet the parking requirement for the second dwelling unit, providing such space will not encumber access to a required parking space for the primary single-unit dwelling.
b. Required parking for the primary single-family dwelling may not be removed for the creation of a second dwelling unit (e.g., garage conversions), or allocated to meet the parking requirement for the second dwelling unit, unless replacement parking is provided in accord with this title.
c. The Zoning Administrator may grant a waiver to the parking requirement if it is found that there are no significant parking impacts associated with adding to the on-street parking situation in the neighborhood. The Zoning Administrator shall hold a public hearing with notice to neighbors at least ten days prior to the hearing, as provided for in Chapter 18.27, Common Procedures, prior to granting a waiver.
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City of San Carlos Community Development
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