HomeMy WebLinkAboutInterpretation of Residential Second Unit Size LimitationCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Philip Drell, Director of Community Development
DATE: March 23, 2006
SUBJECT: Interpretation of Residential Second Unit Size Limitation Language
DISCUSSION:
When the second unit law was conceived in the early 1980's, it was based on the concept
that units would be carved out of large existing permitted dwellings.
Our current ordinance states:
The floor area of a detached or attached second unit shall not exceed thirty-
five (35%) percent of the floor area of the floor area of the originally,
permitted and constructed primary unit, but in no event to be less then four
hundred (400) square feet.
have interpreted this language to mean that if the originally constructed dwelling is 4,000
square feet, then the second unit could be 1,400 square feet (35% of 4,000) either as a
newly constructed detached unit or as part of the original dwelling. If it was included within
the existing dwelling, the primary unit would be reduced to 2,600 square feet.
Alternatively, this language could be interpreted to mean that the 35% ratio is to be applied
not to the original primary permitted and constructed dwelling, but to the reduced primary
unit resulting from the creation of the second unit. Applying this interpretation to an original
4,000 square foot home, a detached second unit could still be up to 1,400 square feet
assuming that the lot was large enough, but a unit created within the original unit could only
be 1,025 square feet. Since I could not imagine why we would want to favor detached units
or enlarged units over use of existing space, I settled on the first interpretation based on
percentage of total original building area.
In the 4,000 square foot example, the difference amounts to approximately 400 square feet
reduction in the second unit and a corresponding increase in the primary unit. Since I
couldn't discern a significant public purpose either way, I went with the interpretation that
(Wpdocs/tr l2ndunit.cc2)
Staff Report
Residential Second Unit Size
Page 2
March 23, 2006
could be uniformly applied regardless of whether the unit was created as a detached
structure, added attached, or incorporated into an original dwelling.
Reviewed and Approved by:
.1.
Phil Drell
Director of Community Development
Review'and Con
Homer Croy
ACM for Dev
Itm
ment Services
Review and Concur:
Carlos L. Orte
City Manager