Item 11a.pdf AWS
City of Santa Fe, New Mexico LEGISLATIVE SUMMARY Bill No. 2017-10 Accessory Dwelling Units SPONSOR(S):
Councilor Ives
SUMMARY:
The proposed ordinance relates to the Land Development Code, Chapter 14 SFCC 1987; amending Subsection 14-6.3(d)(l) to amend the standards for accessory dwelling units; and making such other stylistic or grammatical changes that are necessary.
PREPARED BY:
Rebecca Seligman, Legislative Liaison Assistant
FISCAL IMP ACT: No
DATE:
March 31, 2017
ATTACHMENTS: Resolution FIR
1
1
CITY OF SANTA FE, NEW MEXICO
2
BILL NO. 2017-10
3
INTRODUCED BY:
4
5
Councilor Peter N. Ives
6 7 8 9 10
AN ORDINANCE
11
RELATING TO THE LAND DEVELOPMENT CODE, CHAPTER 14 SFCC 1987;
12
AMENDING
13
ACCESSORY DWELLING UNITS; AND MAKING SUCH OTHER STYLISTIC OR
14
GRAMMATICAL CHANGES THAT ARE NECESSARY.
SUBSECTION
14-6.3(D)(1)
TO
AMEND
THE
STANDARDS
FOR
15
16 17
18 19 20
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE: Section 1.
Subsection 14-6.3(D)(1) SFCC 1987 (being Ord. No. 2012-21 § 3 (as
amended)) is amended to read: (D)
Standards for Specific Accessory Uses (1)
Accessory Dwelling Units (Ord. No. 2012-21 § 3; Ord. No. 2014-31 § 15)
21
Accessory dwelling units located on residentially zoned property:
22
(a)
are required to meet parking standards as set forth in Section 14-8.6;
23
(b)
shall be regulated as per city regulations and policies regarding city
24
25
utilities; (c)
are exempt from the density restrictions set forth in this Chapter 14
1
2
1
when located on a /ega/lot o(record occupied by a single principal
2
dwelling unit; provided, however, that [ only one ] not more than two
3
accessory dwelling unitoi shall be permitted per legal lot of record;
4
(d)
5 6
shall be built only when permission to construct is granted to the owner-occupant of the principal dwelling unit;
(e)
the total square footage of accessory dwelling units on a single Jot
7
shall [have lot coverage] not exceed [ing the square footage of the lot
8
coverage of the principal dwelling unit or not more than] one
9
thousand five hundred square feet, including the square footage of
10
other accessory structures attached to the accessory dwelling units[;
11
whichever is less];
12
(t)
13
shall be limited to [eHe] a single story [afHl] that: (i)
when the accessory dwelling unit is constructed at ground
14
level shall not exceed fourteen (14) feet in height as
15
measured to the top of the parapet or to the highest point of
16
· the roof if there is no parapet, or;
17
(ii)
when the accessory dwelling unit is constructed as a second
18
story shall not cause the resulting structure to exceed the
19
underlying dimensional standards of the residential district;
20
(g)
shall be of the same architectural style as the principal dwelling unit;
21
(h)
may be rented as follows:
22
(i)
by the owner-occupant who may rent either the principal
23
dwelling unit or one accessory dwelling unit, but in no event
24
more than one of the dwelling units on any lot, as a short-
25
term rental unit pursuant to Section 14-6.2(A)(5) during
2
3
1
which time, the owner-occupant shall occupy either the
2
principal dwelling unit or one of the accessory dwelling
3
unit,I; or
4
(ii)
by the owner-occupant \Vho n1ay rent either the principal
5
dwelling unit or the accessory dwelling unit or units for
6
periods of not less than thirty days; or
7
(iii)
by the property owner who may rent both the principal
8
dwelling unit and the accessory dwelling unit or units to the
9
same lessee for a period of not less than thirty days, [
10
ho'rvever, ] in which case no separate subletting of either the
11
principal unit or any accessory unit is allowed as a short-
12
term rental.
13
(i)
shall not be issued a construction permit or a short-term rental permit
14
until a restrictive covenant is recorded at the office of the county
15
clerk that requires the current property owner and all future property
16
owners to comply with Subsection 14-6.3(0)(1 ). The covenant shall
17
be in a form approved by the land use director and the city attorney
18
and shall be notarized prior to recordation. A copy of the recorded
19
covenants shall be provided to the land use director with the
20
construction permit application. The land use director shall maintain
21
copies of recorded covenants pursuant to the provisions of this
22
section. An affidavit filed prior to the adoption of Ordinance No.
23
2008-5 (ordaining Section 14-6.2(A)(5)) and amending Subsection
24
14-6.3(0)(1) remains in effect and is automatically amended to
25
reflect the provisions of Ordinance No. 2008-5;
3
4
1
shall not be subdivided from a principal dwelling unit or sold under
2
separate ownership from a principal dwelling unit unless the
3
accessory dwelling unit meets all applicable requirements for a
4
principal dwelling unit. In such case, the restrictions set forth in
5
Subsection 14-6.3(D)(l) shall no longer apply and the affidavit or
6
restrictive covenant in Subsection 14-6.3(D)(1) may be voided upon
7
approval of the land use director; [arul]
8
(k)
shall remain in continuous compliance with the provisions of this
9
section to maintain the validity of the certificate of occupancy of the
10
accessory dwelling unit. The certificate of occupancy of an
11
accessory dwelling unit may be revoked for noncompliance with this
12
Subsection 14-6.3(D)(l) as provided in Article 14-11 Enforcement.
13 14
15 16 17 18 19
APPROVED AS TO FORM:
. . ·. Af?ttuUttt-
~
KELLEY A. BRENNAN, CITY ATTORNEY
20 21
22 23 24 25
M/Legislation/Bills 2017/Accessory Dwelling Units
4
5
FIR No.
2.Cf31
City of Santa Fe Fiscal Impact Report (FIR) This Fiscal Impact Repmt (FIR) shall be completed for each proposed bill or resolution as to its direct impact upon the City's operating budget and is intended for use by any ofthe standing committees of and the Governing Body of the City of Santa Fe. Bills or resolutions with no fiscal impact still require a completed FIR. Bills or resolutions with a fiscal impact must be reviewed by the Finance Committee. Bills or resolutions without a fiscal impact generally do not require review by the Finance Committee unless the subject of the bill or resolution is financial in nature. Section A.
General Information
(Check) Bill: X Resolution: _ _ _ __ (A single FIR may be used for related bills and/or resolutions) Short Title(s): AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE, CHAPTER 14 SFCC 1987; AMENDING SUBSECTION 14-6.3(D)(l) TO AMEND THE STANDARDS FOR ACCESSORY DWELLING UNITS; AND MAKING SUCH OTHER STYLISTIC OR GRAMMATICAL CHANGES THAT ARE NECESSARY. Sponsor(s): _ _-'=C'-"o""u""nc"'i"'lo~r'--'I~v_,e,_s_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Reviewing Department(s):
±..P.!.!la~n~n~inc!lg:...a!±!n"'d±-L~an"'d±-U-'='-"-se,___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Phone:
Persons Completing FIR:
Reviewed by City Attorney:
Ext. 6957
A:/1?!
__,.,.~""'-'IL.-...,..,_-=--""'-'-........,.'----"-=---'--"'--='-'"-----Date·. ~~LJt7
Reviewed by Finance Director:
_f.;).~~:::_v.-.:....:...__:,~::.__~:::::___ _ _ _ _Date:
'-/ •
$' /1
==================================== Section B. Summary Briefly explain the purpose and major provisions of the bill/resolution:
The proposed ordinance relates to the Land Development Code, Chapter 14 SFCC 1987; amending Subsection 14-6.3(d)(l) to amend the standards for accessorv dwelling units; and making such other stylistic or grammatical changes that are necessary.
================================================================================== Section C. Fiscal Impact Note: Financial information on this FIR does not directly translate into a City of Santa Fe budget increase. For a budget increase, the following are required: a. The item must be on the agenda at the Finance Committee and City Council as a "Request for Approval of a City of Santa Fe Budget Increase" with a definitive funding source (could be same item and same time as bill/resolution) b. Detailed budget information must be attached as to fund, business units, and line item, amounts, and explanations (similar to annual requests for budget) c. Detailed personnel forms must be attached as to range, salary, and benefit allocation and signed by Human Resource Department for each new position(s) requested (prorated for period to be employed by fiscal year)* 1. Projected Expenditures: a. Indicate Fiscal Year(s) affected- usually current fiscal year and following fiscal year (i.e., FY 03/04 and FY 04/05) "A" if current budget and level of staffing will absorb the costs b. Indicate: "N" if new, additional, or increased budget or staffing will be required "R"- if recurring annual costs c. Indicate: "NR" if one-time, non-recurring costs, such as start-up, contract or equipment costs d. Attach additional projection schedules if two years does not adequately project revenue and cost patterns e. Costs may be netted or shown as an offset if some cost savings are projected (explain in Section 3 Narrative) Finance Director: _ _ __
6
X
Check here if no fiscal impact
Column#·
2
3 "A" Costs Absorbed or"N" New Budget Required
4 "R" Costs Recun·ing or"NR" Nonrecurring
5 FY
Expenditure Classification
FY
Personnel*
$
$
Fringe**
$
$
Capital Outlay
$
$
Land/ Building
$
$
Professional Services
$
$
All Other Operating Costs
$
$
Total:
$
$
6 "A" Costs Absorbed or"N" New Budget Required
7 "R" CostsRecurring or"NR" Nonrecurring
8 Fund Affected
* Any indication that additional staffing would be required must be reviewed and approved in advance by the City Manager by attached memo before release of FIR to committees. **For fringe benefits contact the Finance Dept.
2. Revenue Sources: a. To indicate new revenues and/or b. Required for costs for which new expenditure budget is proposed above in item I. Column#·
2 Type of Revenue
Total:
FY
3 "R" Costs Recurring or"NR" Nonrecurring
4 FY - - -
$
$
$
$
$
$
$
$
2
5 "R" CostsRecurring or "NR" Nonrecurring
6 Fund Affected
7
3. Expenditure/Revenue Narrative: Explain revenue source(s). Include revenue calculations, grant(s) available, anticipated date of receipt of revenues/grants, etc. Explain expenditures, grant match(s), justify personnel increase(s), detail capital and operating uses, etc. (Attach supplemental page, ifnecessary.) N/A
================================================================================== Section D.
General Narrative
1. Conflicts: Does this proposed bill/resolution duplicate/conflict with/companion to/relate to any City code, approved ordinance or resolution, other adopted policies or proposed legislation? Include details of city adopted laws/ordinance/resolutions and dates. Summarize the relationships, conflicts or overlaps.
None staff is aware of 2. Consequences of Not Enacting This Bill/Resolution: Are there consequences of not enacting this bill/resolution? If so, describe. No direct fiscal impact is anticipated. Effects on availability of housing, neighborhood character will be addressed in staff reports to the Planning Commission and Governing Body. 3. Technical Issues: Are there incorrect citations of law, drafting errors or other problems? Are there any amendments that should be considered? Are there any other alternatives which should be considered? If so, describe. Staff is not aware of drafting errors or other problems. Other issues addressed in the staff report. 4. Community Impact: Briefly describe the major positive or negative effects the Bill/Resolution might have on the community including, but not limited to, businesses, neighborhoods, families, children and youth, social service providers and other institutions such as schools, churches, etc. As noted above, effects on housing availability, neighborhood character, etc., are addressed in the staff reports to the Planning Commission and Governing Body. No direct fiscal impacts are anticipated.
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
3
8
Councilor Ives
SUMMARY:
The proposed ordinance relates to the Land Development Code, Chapter 14 SFCC 1987; amending Subsection 14-6.3(d)(l) to amend the standards for accessory dwelling units; and making such other stylistic or grammatical changes that are necessary.
PREPARED BY:
Rebecca Seligman, Legislative Liaison Assistant
FISCAL IMP ACT: No
DATE:
March 31, 2017
ATTACHMENTS: Resolution FIR
1
1
CITY OF SANTA FE, NEW MEXICO
2
BILL NO. 2017-10
3
INTRODUCED BY:
4
5
Councilor Peter N. Ives
6 7 8 9 10
AN ORDINANCE
11
RELATING TO THE LAND DEVELOPMENT CODE, CHAPTER 14 SFCC 1987;
12
AMENDING
13
ACCESSORY DWELLING UNITS; AND MAKING SUCH OTHER STYLISTIC OR
14
GRAMMATICAL CHANGES THAT ARE NECESSARY.
SUBSECTION
14-6.3(D)(1)
TO
AMEND
THE
STANDARDS
FOR
15
16 17
18 19 20
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE: Section 1.
Subsection 14-6.3(D)(1) SFCC 1987 (being Ord. No. 2012-21 § 3 (as
amended)) is amended to read: (D)
Standards for Specific Accessory Uses (1)
Accessory Dwelling Units (Ord. No. 2012-21 § 3; Ord. No. 2014-31 § 15)
21
Accessory dwelling units located on residentially zoned property:
22
(a)
are required to meet parking standards as set forth in Section 14-8.6;
23
(b)
shall be regulated as per city regulations and policies regarding city
24
25
utilities; (c)
are exempt from the density restrictions set forth in this Chapter 14
1
2
1
when located on a /ega/lot o(record occupied by a single principal
2
dwelling unit; provided, however, that [ only one ] not more than two
3
accessory dwelling unitoi shall be permitted per legal lot of record;
4
(d)
5 6
shall be built only when permission to construct is granted to the owner-occupant of the principal dwelling unit;
(e)
the total square footage of accessory dwelling units on a single Jot
7
shall [have lot coverage] not exceed [ing the square footage of the lot
8
coverage of the principal dwelling unit or not more than] one
9
thousand five hundred square feet, including the square footage of
10
other accessory structures attached to the accessory dwelling units[;
11
whichever is less];
12
(t)
13
shall be limited to [eHe] a single story [afHl] that: (i)
when the accessory dwelling unit is constructed at ground
14
level shall not exceed fourteen (14) feet in height as
15
measured to the top of the parapet or to the highest point of
16
· the roof if there is no parapet, or;
17
(ii)
when the accessory dwelling unit is constructed as a second
18
story shall not cause the resulting structure to exceed the
19
underlying dimensional standards of the residential district;
20
(g)
shall be of the same architectural style as the principal dwelling unit;
21
(h)
may be rented as follows:
22
(i)
by the owner-occupant who may rent either the principal
23
dwelling unit or one accessory dwelling unit, but in no event
24
more than one of the dwelling units on any lot, as a short-
25
term rental unit pursuant to Section 14-6.2(A)(5) during
2
3
1
which time, the owner-occupant shall occupy either the
2
principal dwelling unit or one of the accessory dwelling
3
unit,I; or
4
(ii)
by the owner-occupant \Vho n1ay rent either the principal
5
dwelling unit or the accessory dwelling unit or units for
6
periods of not less than thirty days; or
7
(iii)
by the property owner who may rent both the principal
8
dwelling unit and the accessory dwelling unit or units to the
9
same lessee for a period of not less than thirty days, [
10
ho'rvever, ] in which case no separate subletting of either the
11
principal unit or any accessory unit is allowed as a short-
12
term rental.
13
(i)
shall not be issued a construction permit or a short-term rental permit
14
until a restrictive covenant is recorded at the office of the county
15
clerk that requires the current property owner and all future property
16
owners to comply with Subsection 14-6.3(0)(1 ). The covenant shall
17
be in a form approved by the land use director and the city attorney
18
and shall be notarized prior to recordation. A copy of the recorded
19
covenants shall be provided to the land use director with the
20
construction permit application. The land use director shall maintain
21
copies of recorded covenants pursuant to the provisions of this
22
section. An affidavit filed prior to the adoption of Ordinance No.
23
2008-5 (ordaining Section 14-6.2(A)(5)) and amending Subsection
24
14-6.3(0)(1) remains in effect and is automatically amended to
25
reflect the provisions of Ordinance No. 2008-5;
3
4
1
shall not be subdivided from a principal dwelling unit or sold under
2
separate ownership from a principal dwelling unit unless the
3
accessory dwelling unit meets all applicable requirements for a
4
principal dwelling unit. In such case, the restrictions set forth in
5
Subsection 14-6.3(D)(l) shall no longer apply and the affidavit or
6
restrictive covenant in Subsection 14-6.3(D)(1) may be voided upon
7
approval of the land use director; [arul]
8
(k)
shall remain in continuous compliance with the provisions of this
9
section to maintain the validity of the certificate of occupancy of the
10
accessory dwelling unit. The certificate of occupancy of an
11
accessory dwelling unit may be revoked for noncompliance with this
12
Subsection 14-6.3(D)(l) as provided in Article 14-11 Enforcement.
13 14
15 16 17 18 19
APPROVED AS TO FORM:
. . ·. Af?ttuUttt-
~
KELLEY A. BRENNAN, CITY ATTORNEY
20 21
22 23 24 25
M/Legislation/Bills 2017/Accessory Dwelling Units
4
5
FIR No.
2.Cf31
City of Santa Fe Fiscal Impact Report (FIR) This Fiscal Impact Repmt (FIR) shall be completed for each proposed bill or resolution as to its direct impact upon the City's operating budget and is intended for use by any ofthe standing committees of and the Governing Body of the City of Santa Fe. Bills or resolutions with no fiscal impact still require a completed FIR. Bills or resolutions with a fiscal impact must be reviewed by the Finance Committee. Bills or resolutions without a fiscal impact generally do not require review by the Finance Committee unless the subject of the bill or resolution is financial in nature. Section A.
General Information
(Check) Bill: X Resolution: _ _ _ __ (A single FIR may be used for related bills and/or resolutions) Short Title(s): AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE, CHAPTER 14 SFCC 1987; AMENDING SUBSECTION 14-6.3(D)(l) TO AMEND THE STANDARDS FOR ACCESSORY DWELLING UNITS; AND MAKING SUCH OTHER STYLISTIC OR GRAMMATICAL CHANGES THAT ARE NECESSARY. Sponsor(s): _ _-'=C'-"o""u""nc"'i"'lo~r'--'I~v_,e,_s_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Reviewing Department(s):
±..P.!.!la~n~n~inc!lg:...a!±!n"'d±-L~an"'d±-U-'='-"-se,___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Phone:
Persons Completing FIR:
Reviewed by City Attorney:
Ext. 6957
A:/1?!
__,.,.~""'-'IL.-...,..,_-=--""'-'-........,.'----"-=---'--"'--='-'"-----Date·. ~~LJt7
Reviewed by Finance Director:
_f.;).~~:::_v.-.:....:...__:,~::.__~:::::___ _ _ _ _Date:
'-/ •
$' /1
==================================== Section B. Summary Briefly explain the purpose and major provisions of the bill/resolution:
The proposed ordinance relates to the Land Development Code, Chapter 14 SFCC 1987; amending Subsection 14-6.3(d)(l) to amend the standards for accessorv dwelling units; and making such other stylistic or grammatical changes that are necessary.
================================================================================== Section C. Fiscal Impact Note: Financial information on this FIR does not directly translate into a City of Santa Fe budget increase. For a budget increase, the following are required: a. The item must be on the agenda at the Finance Committee and City Council as a "Request for Approval of a City of Santa Fe Budget Increase" with a definitive funding source (could be same item and same time as bill/resolution) b. Detailed budget information must be attached as to fund, business units, and line item, amounts, and explanations (similar to annual requests for budget) c. Detailed personnel forms must be attached as to range, salary, and benefit allocation and signed by Human Resource Department for each new position(s) requested (prorated for period to be employed by fiscal year)* 1. Projected Expenditures: a. Indicate Fiscal Year(s) affected- usually current fiscal year and following fiscal year (i.e., FY 03/04 and FY 04/05) "A" if current budget and level of staffing will absorb the costs b. Indicate: "N" if new, additional, or increased budget or staffing will be required "R"- if recurring annual costs c. Indicate: "NR" if one-time, non-recurring costs, such as start-up, contract or equipment costs d. Attach additional projection schedules if two years does not adequately project revenue and cost patterns e. Costs may be netted or shown as an offset if some cost savings are projected (explain in Section 3 Narrative) Finance Director: _ _ __
6
X
Check here if no fiscal impact
Column#·
2
3 "A" Costs Absorbed or"N" New Budget Required
4 "R" Costs Recun·ing or"NR" Nonrecurring
5 FY
Expenditure Classification
FY
Personnel*
$
$
Fringe**
$
$
Capital Outlay
$
$
Land/ Building
$
$
Professional Services
$
$
All Other Operating Costs
$
$
Total:
$
$
6 "A" Costs Absorbed or"N" New Budget Required
7 "R" CostsRecurring or"NR" Nonrecurring
8 Fund Affected
* Any indication that additional staffing would be required must be reviewed and approved in advance by the City Manager by attached memo before release of FIR to committees. **For fringe benefits contact the Finance Dept.
2. Revenue Sources: a. To indicate new revenues and/or b. Required for costs for which new expenditure budget is proposed above in item I. Column#·
2 Type of Revenue
Total:
FY
3 "R" Costs Recurring or"NR" Nonrecurring
4 FY - - -
$
$
$
$
$
$
$
$
2
5 "R" CostsRecurring or "NR" Nonrecurring
6 Fund Affected
7
3. Expenditure/Revenue Narrative: Explain revenue source(s). Include revenue calculations, grant(s) available, anticipated date of receipt of revenues/grants, etc. Explain expenditures, grant match(s), justify personnel increase(s), detail capital and operating uses, etc. (Attach supplemental page, ifnecessary.) N/A
================================================================================== Section D.
General Narrative
1. Conflicts: Does this proposed bill/resolution duplicate/conflict with/companion to/relate to any City code, approved ordinance or resolution, other adopted policies or proposed legislation? Include details of city adopted laws/ordinance/resolutions and dates. Summarize the relationships, conflicts or overlaps.
None staff is aware of 2. Consequences of Not Enacting This Bill/Resolution: Are there consequences of not enacting this bill/resolution? If so, describe. No direct fiscal impact is anticipated. Effects on availability of housing, neighborhood character will be addressed in staff reports to the Planning Commission and Governing Body. 3. Technical Issues: Are there incorrect citations of law, drafting errors or other problems? Are there any amendments that should be considered? Are there any other alternatives which should be considered? If so, describe. Staff is not aware of drafting errors or other problems. Other issues addressed in the staff report. 4. Community Impact: Briefly describe the major positive or negative effects the Bill/Resolution might have on the community including, but not limited to, businesses, neighborhoods, families, children and youth, social service providers and other institutions such as schools, churches, etc. As noted above, effects on housing availability, neighborhood character, etc., are addressed in the staff reports to the Planning Commission and Governing Body. No direct fiscal impacts are anticipated.
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
3
8
