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10,000 square feet may be considered through a Site Plan Review <br />process through the Zoning Enforcement Official. Detached units on <br />smaller parcels shall be considered as long as all other requirements <br />relating to parking, lot coverage, building height and setbacks are met. <br />8. Residential Site Plan Review. Secondary Dwelling Units located in a <br />RO, RS, or RS-40 District that meet the standards for Residential Site <br />Plan Review as defined in Section 2-580(D) shall comply with the <br />Residential Site Plan Review Standards contained in Section 2-580(H). <br />9. View Preservation/Site Plan Review. For Secondary Units located in a <br />RS-VP District that meet the standards for View Preservation/Site Plan <br />Review as defined in Section 2-582(D)(1), the Secondary Unit shall <br />comply with the View Preservation/Site Plan Review Standards <br />contained in Section 2-582(D)(6). <br />D. Conditions Recorded. The City shall file a Notice of Occupancy Restriction <br />(pursuant to subsection (B)(2)(g), above) with the Alameda County <br />Recorder within thirty (30) days from the date the approval of the secondary <br />dwelling unit . <br />E. Prohibition -Subdivision -Separate Tax Assessment. Approval of a <br />secondary dwelling unit shall not be deemed to be a division of land for <br />purposes of Government Code Section 66410 et seq. or Title VII of the <br />Municipal Code, nor shall the ministerial approval in accord with this Article <br />entitle the applicant to: <br />(1) such a division of land; ar <br />(2) to have each of the two (2) dwelling units on the parcel separately <br />assessed for property tax purposes." <br />SECTION 3. Severability. <br />If any section, subsection, subdivision, paragraph, sentence, clause or <br />phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or <br />ineffective by any court of competent jurisdiction, such decision shall not affect the <br />validity or effectiveness of the remaining portions of this Ordinance or any part hereof. <br />The City Council hereby declares that it would have passed each section, subsection, <br />subdivision, paragraph, sentence, clause and phrase of the Ordinance irrespective of the <br />fact that one or more of them would be declared unconstitutional or invalid. To this end, <br />the provisions of the Ordinance are declared to be severable. <br />Draft Secondary Dwelling Units Ordinance 4 July 7, 2003 <br />