• Unpermitted dwellings may come before Planning Dept.

    By Marge Ann Jameson POSTED 01/03/13

    The City of Pacific Grove has filed a Notice of Intent to Adopt a Negative Declaration of environmental impact as it prepares amendments to the Pacific Grove Municipal Code to allow legalization of undocumented dwelling units in residential areas.

    Advance Planning Program Manager Lynn Burgess has made the documents available for review through Jan. 22, 2013. The project will be considered at a public hearing at a meeting of the Pacific Grove Planning Commission on Jan. 17.

    The City seeks to allow owners of dwellings with one or more preexisting secondary dwelling units, including kitchen facilities, which are undocumented through no fault of their own – e.g. purchased with the secondary dwelling already installed – to apply for a permit. But there are some hoops through which to jump.

    The owner must provide documentation that the unit existed prior to Jan. 1, 1987, the date the State Real Estate Disclosure Law went into effect. That law requires sellers to disclose certain problems about properties, including unpermitted additions. The documentaton could include income tax records, property tax records, utility bills, testimony from neighbors or past tenants, or property sales information that notes the separate unit or units.

    The legalization process, however, does not apply to garage conversions and any unpermitted structures built after January 1, 1987. Burgess says the reason that garage conversions are not included is the perception that such units would remove much-needed offstreet parking from the city’s inventory as well as adding the need for parking for the tenants of the unit in question.

    There must then be an inspection and a sign-off. There must also be verification of legal water fixture units. If the main building is on the City’s Historic Resources Inventory, there must be a Phase 2 Historic Assessment. And there must also be a deed restriction stating that the occupants of the dwelling qualify as very low income and that rent charges are less than 30 percent of very low or below very low levels, or that no rent is charged at all. The property owner must also agree to annual monitoring.

    A complete copy of the negative declaration can be found on the City’s website at www.ci.pg.ca.us

     

    posted to Cedar Street Times on January 3, 2013

    Topics: Front PG News

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