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HomeMy WebLinkAboutASRPC20201222 5.1 PLANNING COMMISSION STAFF REPORT 5.1 TO: Chair and Planning Commission December 22, 2020 SUBJECT: Resolution No. 2020-13, recommending that the Town Council approve amendments to the Town’s Accessory Dwelling Unit Ordinance as necessary to comply with State law BACKGROUND Five separate State laws went into effect on January 1, 2020 related to Accessory Dwelling Units (ADUs). In Government Code Section 65852.150, the California Legislature found and declared that, among other things, allowing ADUs in zones that allow single-family and multifamily uses provides additional rental housing, and is an essential component in addressing California’s housing needs. Over the years, ADU law has been revised to improve its effectiveness at creating more housing units, reducing barriers, better streamlining approval processes, and expanding capacity to accommodate the development of ADUs and Junior Accessory Dwelling Units (JADUs). Upon the effective date of these new laws, provision of local jurisdictions’ ADU Ordinances that conflict with State law became null and void. The State law set minimum development standards for development of ADUs allowing latitude to expand these development standards and customize ordinances to best fit individual jurisdictions. EVALUATION Major modification to the Town’s existing ADU ordinance which are necessary to comply with State law, and several Town options, are as follows: Review Process Accessory Dwelling Units and Junior Accessory Dwelling Units which are consistent with the development and design standards contained within the Ordinance are subject to a ministerial review process. Under this process, building permit applications are reviewed for compliance, and approved without any additional planning entitlements, and no public notification. Under the Town’s current Ordinance, ADUs under 1,000 square feet and meet all development standards are approved ministerially, and any ADU over 1,000 square feet is subject to the Town’s administrative review process including notification of surrounding property owners. ZTA20-0001 2 December 22, 2020 ADU Ordinance Design State law allows local jurisdictions to include design standards if they are objective. The proposed Ordinance includes a requirement for coordination of building colors and materials such as siding and roof materials and the general architectural style such as ranch, Spanish, Craftsman, Mediterranean, or Modern, with the primary residence. Setbacks State law requires the allowance of a minimum four-foot setback to side and rear property lines for both attached and detached ADUs. ADUs must meet primary and secondary front yard setbacks as required under each residential zoning district. Height State law requires a minimum height limit of 16 feet for both attached and detached ADUs. The Town’s Ordinance would allow an attached ADU to have the same height limit as the primary residence (35’) if it meets the setback requirements applicable to the primary residence. The Town’s Ordinance would also allow a detached ADU to have a maximum height of 24 feet if it meets the setback requirements applicable to the primary residence. Size State law provides for a maximum size of 1,200 square feet for an attached or detached ADU. For an attached ADU, the maximum size is 1,200 square feet or up to 50 percent of the size of the existing residence, whichever is less. Under the Town’s Ordinance, for residential zoning districts allowing a maximum lot size less than 40,000 square feet, the maximum size would be 1,200 square feet but not exceeding 50 percent of the conditioned square footage of the existing or proposed primary residence. For lots that are within a zoning district requiring a minimum 40,000 square foot lot size or larger, the maximum size would be 2,000 square feet. There are no minimum size requirements. These standards are similar to the Town’s existing Ordinance, except that ADUs on lots less than 40,000 square feet are currently limited to 1,000 square feet. Junior Accessory Dwelling Units Under State law, a JADU, defined as the conversion of up to 500 square feet of an existing residence to an independent living unit, is allowed in addition to an ADU on a residential lot. ZTA20-0001 3 December 22, 2020 ADU Ordinance Parking Consistent with State Law, the Town’s existing Ordinance exempts new ADU from additional parking requirements. The new State laws also prohibit the requirement for replacement parking when an existing garage in converted to an ADU. However, the law does allow a replacement parking requirement if garage space is converted to a JADU. As recommended, the Ordinance would not require replacement parking for both ADUs and JADUs. Occupancy State law prohibits a requirement that the property owner live in either the primary residence or the ADU. However, for JADUs an owner occupancy requirement is not prohibited. As proposed, the Town’s Ordinance would exempt both ADUs and JADUs for the owner occupancy requirement. PUBLIC CONTACT Public notice of the December 22, 2020 Planning Commission meeting was placed in a local newspaper and posting of the meeting agenda serves as notice to the general public. RECOMMENDATION Adopt Resolution No. 2020-13, recommending that the Town Council approve amendments to the Town’s Accessory Dwelling Unit Ordinance as necessary to comply with State law. Prepared by: David Crompton Chief of Planning Attachments: A - Resolution No. 2020-13 B - Draft ADU Ordinance RESOLUTION NO. 2020-13 RECOMMENDING THAT THE TOWN COUNCIL APPROVE AMENDMENTS TO THE TOWN’S ACCESSORY DWELLING UNIT ORDINANCE AS NECESSARY TO COMPLY WITH STATE LAW WHEREAS, The Town of Danville has initiated a Zoning Text Amendment ZTA20- 0001 to amend Section 32-76 of the Danville Municipal Code related to Accessory Dwelling Units; and WHEREAS, the Accessory Dwelling Unit Ordinance would apply to residential and mixed-use lands identified within the Danville 2030 General Plan; and WHEREAS, the Accessory Dwelling Unit Ordinance would establish the purpose, review process, development and design for accessory dwelling units developed within the Town; and WHEREAS, the Accessory Dwelling Unit Ordinance would also establish parking standards for Accessory Dwelling Units; and WHEREAS, the Accessory Dwelling Unit Ordinance would establish development standards for the conversion of existing detached structures and existing residential floor space into Accessory Dwelling Units or Junior Accessory Dwelling Units; and WHEREAS, the Planning Commission did review the Zoning Text Amendment request at a noticed public hearing on December 22, 2020; and WHEREAS, the Zoning Text Amendment is statutorily exempt from CEQA and no significant environmental impacts are expected to be associated with the adoption of this ordinance; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission recommend the Town Council approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2020-13 RESOLVED that the Planning Commission of the Town of Danville recommends that the Danville Town Council approve Zoning Text Amendment ZTA20-0001 amending the Town’s Accessory Dwelling Unit Ordinance. APPROVED by the Danville Planning Commission at a regular meeting on December 22, 2020 by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________________ CITY ATTORNEY CHIEF OF PLANNING ORDINANCE NO. 2021-XX 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 – ZTA20-0001 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 CODE. 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 Review Process 32-76.4 General Plan and Zoning Compliance 32-76.5 General Development and Design Standards 32-76.6 Development Standards for Attached Accessory Dwelling Units in Single Family Residential Districts 32-76.7 Development Standards for Detached Accessory Dwelling Units in Single Family Residential Districts 32-76.8 Development Standards for Attached Accessory Dwelling Units in Multifamily Districts 32-76.9 Development Standards for Detached Accessory Dwelling Units in Multifamily Districts 32-76.10 Junior Accessory Dwelling Units 32-76.11 Conversions 32-76.12 Statewide Exemption Accessory Dwelling Units 32-76.13 Parking Requirements 32-76.14 Short Term Rentals 32-76.15 Covenants, Conditions and Restrictions 32-76.16 Tree Preservation 32-76.17 Substandard Accessory Dwelling Units 32-76-18 Ownership ATTACHMENT B PAGE 2 OF ORDINANCE NO. 2021-xx 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; to protect property values and the integrity of the neighborhood by ensuring design and development standards are compatible with the existing neighborhood; to comply with requirement of State laws. 32-76.2 Definitions a. Accessory Dwelling 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 granny unit, 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. Accessory Structure shall mean a structure that is accessory or incidental to a dwelling on the same lot as the primary residence. For purposes of this section an accessory structure shall have at least three walls and a solid roof such as a detached garage, pool house, garden shed, workshop, or cabana. c. Administrative Accessory Dwelling 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 a notice of the action to be taken by the Town on the application is sent to surrounding property owners with the provision of a period of time in which the Town’s administrative action may be appealed. d. Attached shall be defined as a building or a structure that is physically connected to, and shares a common wall with, to the primary residence. e. Conditioned Space shall be defined as an area or room that is being heated or cooled for human habitation. PAGE 3 OF ORDINANCE NO. 2021-xx f. Conversions shall be defined as the modification of an existing enclosed detached structure or the modification of a portion of an existing residence into an Accessory Dwelling Unit. g. Detached shall be defined as a building or structure not physically connected and separated by six feet or more, including eves and other projections, from the primary residence. h. Junior Accessory Dwelling Unit shall be defined as a unit that is no more than 500 square feet in size and contained entirely within the floor space of an existing or proposed residence. A Junior Accessory Dwelling Unit must include a separate exterior entrance, may include an interior door to the residence, includes an efficiency kitchen, and may have private or shared bathroom facilities. i. Manufactured Home shall mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. j. Ministerial Review Process shall be defined as the review process conducted as part of the building permit review to ensure that a proposed accessory dwelling unit is consistent with the provision of this section. k. Mixed Use shall mean a property which has a General Plan land use designation and residential zoning district which includes residential use as an allowed or conditionally allowed use. l. Multi-Family Residential shall be defined as the classification of housing which consists of multiple residential units on the same or connected lots with an overall density of at least eight units per acre. m. Non-Conditioned Space shall be defined to include, but not limited to, open decks, patios, breezeways, non-conditioned shops, garages, attics, and storage areas. n. Objective Zoning and Design Standards shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. PAGE 4 OF ORDINANCE NO. 2021-xx 32-76.3 Review Process a. Accessory Dwelling Units and Junior Accessory Dwelling Units which are consistent with the development and design standards contained within this section shall be subject to the Town’s Ministerial review process. b. Accessory Dwelling Units and Junior Accessory Dwelling Units that are not consistent with the development and design standards contained within this section shall be subject to the Town’s Administrative review process. 32-76.4 General Plan and Zoning Compliance a. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be allowed in any Residential or Mixed-Use General Plan land use district. b. An Accessory Dwelling Unit does not count toward the otherwise applicable General Plan residential density or zoning requirements which may conflict with this section. An Accessory Dwelling Unit consistent with this section shall be deemed to be consistent with the General Plan and applicable zoning district. 32-76.5 General Development and Design Standards a. Bedrooms. There is no maximum number of bedrooms. b. Balconies, Decks and Patios. Accessory Dwelling Units which have less than a 10- foot side or rear yard setback, or the minimum setback requirement for the zoning district (whichever is less), may not include balconies, decks, or platforms that are more than six inches above grade between the structure and a side or rear property line. c. 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 such as siding and roof materials and the general architectural style is compatible with the primary residence, such as ranch, Spanish, craftsman, Mediterranean, or modern. 32-76.6 Development Standards for Attached Accessory Dwelling Units in Single-Family Residential Districts a. Setbacks, Side Yard and Rear Yard. Four-foot minimum setback to the property line, including eves and other architectural projections. PAGE 5 OF ORDINANCE NO. 2021-xx b. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be required to maintain the front and secondary front yard setbacks applicable to the zoning district. c. Height. The maximum height shall be 16 feet. If the Accessory Dwelling Unit maintains the minimum setbacks applicable to the primary residence, the maximum height shall be the height applicable to the primary residence. d. Size. For residential zoning districts allowing a maximum lot size less than 40,000 square feet, the maximum size shall be 1,200 square feet but shall not exceed 50 percent of the conditioned square footage of the existing or proposed primary residence, however a minimum 850 square feet, or 1,000 square feet for units with more than one bedroom, shall be allowed. For lots that are within a zoning district requiring a minimum 40,000 square foot lot size or larger, the maximum size shall be 2,000 square feet. There are no minimum size requirements. 32-76.7 Development Standards for Detached Accessory Dwelling Units in Single-Family Residential Districts a. Setbacks, Side Yard and Rear Yard. Four-foot minimum setback to the property line, including eves and other architectural projections. b. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be required to maintain the front and secondary front yard setbacks applicable to the zoning district. c. Height. The maximum height shall be 16 feet. If the Accessory Dwelling Unit maintains the minimum setbacks applicable to the primary residence, the maximum height shall be 24 feet. d. Size. For residential zoning districts allowing a maximum lot size less than 40,000 square feet, the maximum size shall be 1,200 square feet. For lots that are within a zoning district requiring a minimum 40,000 square foot lot size or larger, the maximum size shall be 2,000 square feet. There are no minimum size requirements. 32-76.8 Development Standards for Attached Accessory Dwelling Units in Multifamily Districts a. Number. Multifamily lots with multiple detached single-family dwellings are allowed one Accessory Dwelling Unit and one Junior Accessory Dwelling Unit. PAGE 6 OF ORDINANCE NO. 2021-xx b. Conversion of Existing Space. Portions of existing multifamily structures that are not used as livable space, such as attics, garages, or storage areas may be converted to Accessory Dwelling Units, with the total number of Accessory Dwelling Units not exceeding 25 percent of the existing multifamily structures units. 32-76.9 Development Standards for Detached Accessory Dwelling Units in Multifamily Districts a. Number. Up to two detached Accessory Dwelling Units on a lot that has existing multifamily dwellings. b. Setbacks, Side Yard and Rear Yard. Four-foot minimum setback to the property line, including eves and other architectural projections. c. Setbacks, Front Yard and Secondary Front Yard. Accessory Dwelling Units shall be required to maintain the front and secondary front yard setbacks applicable to the zoning district. d. Height. The maximum height shall be 16 feet. If the Accessory Dwelling Unit maintains the minimum setbacks applicable to the multifamily building, the maximum height shall be 24 feet. e. Size. The maximum size shall be 1,200 square feet. 32-76.10 Junior Accessory Dwelling Units One Junior Accessory Dwelling Unit is allowed in addition to an Accessory Dwelling Unit on a residential lot. A Junior Accessory Dwelling Unit may be constructed within the walls of a proposed or existing single-family residence. A Junior Accessory Dwelling Unit must have an independent exterior entrance and may have interior connections to the primary residence. 32-76.11 Conversions a. The conversion or reconstruction in the same location within the dimensions of existing floor space within a single-family residence or detached accessory structure to an Accessory Dwelling Unit and shall not be subject to setback, height, or size requirements under Sections 32-76.6 and 32-76.7. However, the 50 percent rule, or the allowance of a conversion up to 850 square feet or 1,000 square feet for a unit with more than one bedroom, for the conversion of a portion of single-family residence shall apply. PAGE 7 OF ORDINANCE NO. 2021-xx b. An expansion of a maximum of 150 square feet may be added to a converted Accessory Dwelling Unit with a setback area that does not comply with the development standards under Sections 32-76.6 and 32-76.7 but shall be limited to accommodating ingress and egress for the unit. Any addition beyond 150 square feet shall comply with the Development Standards contained in Sections 32-76.6 and 32-76.7. c. Setbacks and construction methods shall be sufficient to address fire and safety issues. 32-76.12 Statewide Exemption Accessory Dwelling Units Any attached or detached Accessory Dwelling Unit which is 800 square feet or less in size shall be allowed on lands zoned to allow or conditionally allow residential use. The Development Standards in Sections 32-76.6 and 32-76.7 shall be waived to the extent necessary to allow and Accessory Dwelling Unit up to 800 square feet in si ze. 32-76.13 Parking Requirements a. No additional on-site parking shall be required for the creation of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. b. No replacement parking related to the conversion of an attached or detached garage shall be required for the creation of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. 32-76.14 Short Term Rentals If an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is rented it shall be rented for terms longer than 30 days. 32-76.15 Covenants, Conditions and Restrictions Covenants, Conditions and Restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be void and unenforceable. 32-76.16 Tree Preservation For construction of an Accessory Dwelling Unit that is subject to Tree Protection During Development provisions of the Town’s Tree Preservation Ordinance (Section 32-79.9), any required tree protection bond or security shall be limited to not exceed five percent of the estimated construction cost of the Accessory Dwelling Unit. PAGE 8 OF ORDINANCE NO. 2021-xx 32-76.17 Substandard Accessory Dwelling Units a. An existing substandard 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. 32-76.18 Ownership The Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. 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 9 OF ORDINANCE NO. 2021-xx The foregoing Ordinance was introduced on February 2, 2021 and approved and adopted by the Danville Town Council at a special meeting held on February 16, 2021, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ____________________________ MAYOR APPROVED AS TO FORM: ATTEST: ____________________________ CITY ATTORNEY CITY CLERK 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. 2021-XX of said Town and that said ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville