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HomeMy WebLinkAbout2017-05ORDINANCE NO. 2017-05 REPEALING EXISTING CHAPTER 32-76 OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW CHAPTER 32-76 TO THE DANVILLE MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS - ZTA17-0001 The Danville Town Council does ordain as follows: SECTION 1. REPEALING CHAPTER 32-76 OF THE DANVILLE MUNICIPAL CODE. Chapter 32-76 of the Danville Municipal Code is hereby repealed. SECTION 2. ADDING A NEW CHAPTER 32-76 TO THE DANVILLE MUNICIPAL C ODF_ A new Chapter 32-76 is hereby added to the Danville Municipal Code to read as follows: 32-76 ACCESSORY DWELLING UNITS 32-76.1 Purpose 32-76.2 Definitions 32-76.3 General Design and Development Standards 32-76.4 Procedure for Accessory Dzaelling Unit Approval 32-76.5 Deed Restriction 32-76.6 Existing Accessory Duelling Units 32-76.7 Exception 32-76.8 Variances 32-76.9 Appeals 32-76.1 Purpose. The purpose of this section is to increase opportunities for the development of smaller dwelling units for individuals and families developed on certain lots which are zoned for residential use; to provide affordable rental housing units for families and individuals with limited income; to provide rental units for the elderly and disabled; and to protect property values and the integrity of the neighborhood by ensuring design and development standards are compatible with the existing neighborhood. 32-76.2 Definitions. a. Accessory dznelling unit is an attached or detached conditioned residential unit, which provides complete, independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, cooking, eating and sanitation on the same parcel as the primary unit. The term "accessory dwelling unit" includes a second dwelling unit, guesthouse, in-law unit, efficiency unit (as defined in Health and Safety Code section 17958.1), manufactured home (as defined in Health and Safety Code section 18007), and similar accessory dwelling units, which provide complete independent living facilities. (Gov't. Code §65852.2 (i)(4).) b. Administrative Accessory Dzt7elling Unit Review Process shall be defined as the review process conducted under a separate application filed with the Town either prior to or concurrent with the submittal of a building permit application for an accessory dwelling unit where an advisement of the action to be taken by the Town on the application shall be sent by mail to surrounding property owners within a three hundred fifty (350) foot radius of the subject parcel. In the case of an appeal, the application shifts to a Planning Commission review process. C. Attached shall be defined as a building or a structure that is structurally a part of or has a common wall or continuous roof with the main building or structure. d. Conditioned space shall be defined as an area or room that is being heated or cooled for human habitation. e. Conversions. A garage or accessory structure repaired or rebuilt in excess of fifty percent of its reasonable market value, square footage, or a combination thereof. Conversion does not include the increase in height of the structure. f. Detached shall be defined as a building or structure not structurally part of and not sharing a common wall or continuous roof with the main building or structure. g. Ministerial Accessory Dzoelling Unit Reviev7 Process shall be defined as the review process conducted concurrently with the submittal of a building permit application for an accessory dwelling unit. The Town shall review the building permit submittal to ensure it meets the standards outlined in this section. h. Non -conditioned space shall be defined to include, but not limited to, open decks, patios, breezeways, non -conditioned shops, garages, and storage areas. i. Planning Commission Accessory Dwelling Unit Reviev7 Process shall be defined as the review process conducted under a separate application filed with the Town where a proposed accessory dwelling unit includes an exception or variance request. The review process shall include a public hearing held by the Planning Commission where notification is mailed to surrounding property owners within a seven hundred and fifty (750) fool radius of the subject parcel. 32-76.3 General Design and Development Standards. An accessory dwelling unit, which meets the requirements of this section shall be allowed on a parcel which is zoned for residential use. An accessory dwelling unit which meets the requirements of this section shall be considered in compliance with the PAGE 2 OF ORDINANCE NO. 2017-05 allowable residential density for the lot upon which the accessory dwelling unit is located and shall be considered a residential use that is consistent with the existing General Plan and zoning designation for the lot. a. Architectural features. Architectural projecting features (i.e., cornice, roof overhangs, eaves, chimney, fireplaces, media niche, bay windows or similar projecting features) on a detached accessory unit may extend a maximum of 24 inches into the required side yard and rear yard setbacks for structures that maintain a minimum five (5) foot setback. b. Balcony, Decks, Platforms. Elevated balconies, decks, or platforms shall not be allowed for any accessory dwelling unit that does not maintain the required minimum structure setbacks applicable to the primary residence. Ground level decks and platforms shall maintain a minimum five (5) foot side and rear yard setback. C. Bedrooms. An accessory dwelling unit shall not contain more than two bedrooms with the exception of units over 1,000 square feet. Units over 1,000 square feet may have a maximum of three bedrooms. d. Conversions. Conversion of an existing detached garage or the conversion of an existing structure above an existing detached garage to an accessory dwelling unit shall be subject to the following: i. Setbacks (side and rear) Setbacks are not required for the existing garage or the existing accessory structure above the existing garage that is converted to an accessory dwelling unit. A new accessory dwelling unit above an existing garage shall maintain a minimum setback of five feet from the side and rear property line, the five foot setback shall only apply to the new accessory dwelling unit. ii. Height: A new second story accessory dwelling unit above an existing garage shall have a maximum height of 22 feet, with no part of the unit more than 19 feet in height within 10 feet of the property line. e. Density. There may be only one accessory dwelling unit per lot, which shall comply with all applicable building, fire, and health and safety codes. f. Design. The exterior appearance of an accessory dwelling unit shall be architecturally compatible with the primary residence and with the surrounding neighborhood. Architectural compatibility will be determined to exist where there is coordination of building colors and materials (e.g., stucco, siding, masonry material, etc.), coordination of roof material, fenestration, other defined architectural features (e.g., wood details, corbels, stucco coins, masonry material, etc.) and coordination of landscaping ancillary to structures visible by the public or surrounding property owners. The Development Services Department shall review accessory dwelling units for compliance with the design standards. g. Detached Garage and Accessory Dwelling Units. A detached accessory dwelling unit may be constructed in conjunction with a detached garage provided the garage/ accessory dwelling unit's location observes the applicable setbacks and height. A detached garage which is developed in conjunction with a detached PAGE 3 OF ORDINANCE NO. 2017-05 accessory dwelling unit shall be limited to the size necessary to accommodate a maximum of two standard -size parking spaces which shall be a maximum garage dimension of 20 feet wide and 22 feet deep, measured from the face of the interior walls. h. Height. The maximum height of an accessory dwelling unit shall be two and one half stories or 35 feet in height, whichever is less, provided that the accessory dwelling unit observes the required minimum setbacks for the primary residence. Detached accessory dwelling units with a setback that is less than required for the primary residence shall be limited to a maximum height of 15 feet. Accessory dwelling units within Town -identified Scenic Hillsides or Major Ridgeline areas shall comply with additional height restrictions as outlined in Section 32-69 of the Municipal Code. i. Heritage Trees. All accessory dwelling units shall adhere to the provisions of Section 32-79 of the Danville Municipal Code —Tree Preservation if the proposed placement of the accessory dwelling unit is located within the dripline of a protected tree as identified in Subsection 32-79.3 of the Tree Preservation regulations. j. Occupancy. The property owner shall occupy either the primary residential unit or the accessory dwelling unit. If neither unit is owner -occupied, then the use of the property shall revert to a single family occupancy. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. This owner -occupancy requirement may be temporarily waived for a period of not more than three (3) years if the Planning Commission finds that the owner has an unavoidable reason for absence and if the owner appoints in writing another person to occupy and take responsibility for maintaining the property. All properties approved for accessory dwelling units must be maintained at a level consistent with the neighborhood in which it is located. k. Parking. Additional on-site parking for an accessory dwelling unit is not required. 1. Setbacks (front minimum). Except for garage conversions, all accessory dwelling units shall maintain the minimum front yard and secondary front yard setbacks applicable to the primary structure. M. Setbacks (side and rear minimum). Attached accessory dwelling units shall observe the same setback requirements applicable to the primary structure. Except for conversions (as found in Section 32-76.3d), detached accessory dwelling units shall observe a minimum side and rear yard setback of 10 feet from the property line, subject to the applicable height and window placement requirements. Accessory dwelling units may be constructed with side and rear yard setbacks less than 10 feet from the property line only upon the approval of an exception or variance by the Planning Commission. n. Subdivision. The primary and accessory dwelling units may not be sold separately and no subdivision of land or air rights shall be allowed. The construction, financing or leasing of accessory dwelling units shall be exempt PAGE 4 OF ORDINANCE NO. 2017-05 from the requirements of the Planning and Zoning Law pursuant to Section 65852.2. of the California Code. o. Windort� Placement. Any detached accessory dwelling unit with a setback of 10 feet or less to a side or rear property line shall be designed so that any window facing that property line shall be located no less than 6 feet above the finished floor, to minimize direct views to adjacent neighboring properties to preserve privacy. This 6 foot window placement shall also apply to any detached two- story accessory dwelling unit that does not meet the required minimum side or rear yard setback requirements for the primary residence. P. Utilities. All new utilities for detached accessory dwelling units shall be installed underground. 32-76.4 Procedure for Accessory Dwelling Unit Approval. 1. Application. Applications shall be submitted to the Town accompanied by all required fees, project plans (drawn to scale) depicting all onsite improvements, the location of the primary residence and the proposed accessory dwelling unit and existing trees, floor plans and architectural elevations showing the proposed accessory dwelling unit and its relation to the primary residence, a description of building materials, landscaping, exterior finishes to be used, parking to be provided, and any other information required by the Town to determine whether the proposed accessory dwelling unit conforms with the requirements of this section. All applicants shall adhere to procedures for the implementation of this section, including the design and development standards subsection and the Design Review Board submittal checklist for plans and drawings. 2. Application and Reviezn Process for Accessory Dzt7elling Units. UNIT SIZE (square feet PROCESS TYPE 150-1,000 Ministerial >1,001 - 2,000 Administrative Variance, Exceptions, and Appeals Public Hearin - Planning Commission a. Ministerial Accessory Dzuelling Unit Reviezt7 Process. A ministerial review process shall be conducted concurrently with the submittal of a building permit application for the accessory dwelling unit. i. Unit Size. The unit size may be a minimum of 150 square feet and a maximum of 1,000 square feet of conditioned space. ii. All accessory dwelling unit application proposals under the ministerial review process shall comply with the design and development standards as specified in section 32-76.3. If the proposal is determined to conform, the request shall be approved at a ministerial level by the Town. PAGE 5 OF ORDINANCE NO. 2017-05 b. Administrative Accessory Dwelling Unit Review Process. For accessory dwelling units that do not qualify for ministerial review, an administrative review process shall be conducted prior to or concurrently with the submittal of a building permit application. The applicant must file a Development Plan application with the Town. The Town shall notify all owners of property within 350 feet of the subject property not less than 10 days prior to the Town's action on the application. i. Unit Size. The unit size may be at a minimum of 1,001 square feet with the maximum size of 2,000 square feet of conditioned space. ii. All accessory dwelling unit application proposals under the Administrative review process shall comply with the design and development standards as specified in section 32-76.3. iii. Minimum lot size for any accessory dwelling unit over 1,000 square feet in size shall be 40,000 square feet. For any accessory dwelling unit proposed to be over 1,000 square feet in size, a finding must be made that the increased size of the accessory dwelling unit results in an accessory dwelling unit that is in scale with the receiving property, is not larger than the primary structure on the property, and that the accessory dwelling unit is architecturally designed to mitigate the potential appearance of excessive building massing. iv. Accessory dwelling units developed under this section shall be subject to review by the Danville Design Review Board, if such review is deemed necessary by the Town. C. Planning Commission Accessory Dzt7elling Unit Reviev7 Process. If an application does not conform to Subsection 32-76.3 of this section and the Town determines that the application requires a variance or an exception, the accessory dwelling unit shall be scheduled for review by the Planning Commission for consideration and action during a noticed public hearing. The Town shall notify all owners of property within 750 feet of the subject property that the application has been filed and the date, time, and location of the Planning Commission public hearing. i. An exception to the otherwise applicable setback regulations for detached accessory dwelling units may be granted as part of the public hearing review process where the Planning Commission finds that, due to the receiving property's relationship to surrounding properties, reduced setbacks will not adversely impact the privacy enjoyed by residents occupying surrounding properties. If this finding is made, minimum setbacks may be reduced to comply with the minimum requirements for detached accessory structures in single-family districts, as specified in subsection 32-22.9 of the Danville Municipal Code. d. Accessory dwelling units proposed in a Town -identified Scenic Hillside or Major Ridgeline Area shall be developed in compliance with Section 32-69 PAGE 6 OF ORDINANCE NO. 2017-05 of the Danville Municipal Code, and shall be subject to review under a Development Plan application and considered by the appropriate review body as outlined in the Scenic Hillside and Major Ridgeline Development regulations. e. Nothing in this section shall preclude the ability of the Planning Commission to approve accessory dwelling units, to be constructed as part of a new housing development to help the development meet the requirements of the Town's Inclusionary Housing for Affordable Housing Ordinance, which do not conform to the design and development standards contained within this section. 32-76.5 Deed Restriction. Before obtaining a building permit for an accessory dwelling unit, the property owner shall file with the County Recorder a declaration or an agreement of an owner occupancy restriction, executed by the property owner, which has been approved by the City Attorney as to its form and content, and stating that: "The accessory dwelling unit shall be in effect only so long as the owner of record of the property occupies either the primary residence, or the accessory dwelling unit." This agreement is initiated to ensure the Town's ability to enforce the owner occupancy restriction. 32-76.6 Existing Accessory Dwelling Units. a. An existing, approved accessory dwelling unit not in conformance with this section shall be considered a nonconforming accessory dwelling unit. If a property owner wishes to alter an existing nonconforming accessory dwelling unit, the requirements of this section will apply to the proposed alteration. b. An existing but not approved accessory dwelling unit that meets the requirements of this section may be legalized if the property owner modifies the accessory unit to address any deficiencies identified through a life/safety inspection by the Town Building Division. 32-76.7 Exceptions. a. Exceptions to this section may be granted by the Chief of Planning as a reasonable accommodation under Section 30-12. b. A setback exception for detached accessory dwelling units may be approved by the Planning Commission pursuant to Section 32-76.4.2.c.i. 32-76.8 Variances. PAGE 7 OF ORDINANCE NO. 2017-05 Variance permits to modify any standards contained in this section may be granted by the Planning Commission upon meeting the appropriate variance findings. 32-76.9 Appeals. Approvals for accessory dwelling units under this chapter may be appealed for cause within ten days of project approval in accordance with Section 32-4.7 of the Danville Municipal Code and where the appropriate appeal fee is submitted. SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. PAGE 8 OF ORDINANCE NO. 2017-05 The foregoing Ordinance was introduced on July 5, 2017 and approved and adopted by the Danville Town Council at a regular meeting held on July 18, 2017, by the following vote: AYES: NOES: Arnerich, Blackwell, Morgan, Stepper, Storer None ABSTAIN: None ABSENT: None APPROVED AS TO FORM: CITY ATTORNEY CITY CLERIU CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2017-05 of said Town and that said ordinance was published according to law. Dated: City Clerk of Town of Danv PAGE 9 OF ORDINANCE NO. 2017-05