At Tuesday night's meeting the city council heard the first reading of an ordinance that would require owners of secondary units — popularly known as "granny" or "in-law" units — integrate these structures more fully into their neighborhoods. If passed, the ordinance would not allow these structures on lots smaller than 7,500 square feet.

The city council needs to modify the ordinance currently on the books so it complies with Assembly Bill 1866 that took effect July 1, 2003. With this law the state of California regulates the creation of secondary units. If the council does not correct the ordinance, then state law would regulate secondary units within the city limits. The new ordinance would take the city's "housing element" into account, making it a "more attractive development tool."

By promoting the development of secondary units, the city could help "minimize a rental-housing deficit, maximize limited land resources and assist low- and moderate-income homeowners with supplemental income," the city's report to the council said. City staff pointed out that secondary units could also increase the property tax base and contribute to the local affordable-housing stock.

After hosting a public workshop about secondary units last July and considering the ordinance at its Nov. 24 and Dec. 8, 2008, meetings, the planning board advised that the city council to adopt an ordinance that includes a minimum lot size.

The board recommended that the new ordinance require that the property owner occupy either the principal or secondary unit. "During their deliberation, the planning board noted that establishment of a minimum lot size would allow second units to better integrate into the community," the city's report to the city council said.

The new ordinance would also dictate the appearance of any new secondary units, requiring "all exterior materials, colors, roof pitch and distinctive features match those of the primary residence." It would require that all coverage, yard area and setback meet R-1 zoning requirements for new structures and additions to existing dwellings intended for secondary units meet R-1 zoning requirements.

If passed the ordinance would limit any new secondary units, whether attached or detached to 600 square feet with one bedroom and that the owner set any utilities extended to a detached second family dwelling underground.

No protected trees can be removed to build any new secondary units, and the ordinance would not permit the sale of these units.

To ease parking congestion, the ordinance would also require that the secondary unit have a dedicated paved parking space on the property.

The new ordinance must comply with the Measure A prohibition on multiple units, which the measure defines as "a structure with three or more dwelling units." The ordinance would allow the city to charge a fee to cover the full costs involved in reviewing and approving applications for secondary units.

The city anticipates charging the $319, the fee it currently charges for a design review application. Secondary unit owners might also be assessed an annual fee of $100 to cover the cost the city would incur to monitor the units.

Contact Dennis Evanosky at