HomeMy WebLinkAbout020221-08.1
ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council February 2, 2021
SUBJECT: Ordinance No. 2021-01, approving 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). Under 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 residential use 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 of 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, sections of local jurisdictions’ ADU Ordinances
that conflict with State law became null and void. The State law set minimum
development standards and allows latitude to expand upon these standards to customize
local ordinances to best fit individual communities.
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, approved without any additional planning entitlements, and
no public notification.
Under the Town’s current Ordinance, ADUs which are under 1,000 square feet and meet
all development standards are approved ministerially; any ADU over 1,000 square feet
are subject to the Town’s administrative review process including notification of
surrounding property owners.
ZTA20-0001 2 February 2, 2021
ADU Ordinance
Design
State law allows local jurisdictions to include ADU design standards if they are objective.
The proposed Ordinance includes a requirement for coordination of building colors and
materials, such as siding and roofing materials and the general architectural style such as
Ranch, Spanish, Craftsman, Mediterranean, or Modern, with the primary residence.
Setbacks
State law allows 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 does not allow local jurisdictions to establish a maximum height less than 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 will
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 specifies the maximum size of an attached or detached ADU to be 1,200 square
feet but allows local jurisdictions to allow a larger maximum size standard. Specifically,
for attached ADUs, 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 updated Ordinance, in residential zoning districts with lot sizes of less
than 40,000 square feet, the maximum ADU size would be 1,200 square feet but not
exceeding 50 percent of the conditioned square footage of the existing or proposed
primary residence. In zoning districts that require a minimum 40,000 square foot lot size or
larger, the maximum ADU 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.
ZTA20-0001 3 February 2, 2021
ADU Ordinance
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 attached or detached
ADU on a residential lot.
Parking
Consistent with State Law, the Town’s existing Ordinance exempts new ADUs from
additional parking requirements. The new State laws also prohibit the requirement for
replacement parking when an existing garage is converted to an ADU. However, the law
does allow a replacement parking requirement if garage space is converted to a JADU.
As recommended, the updated Ordinance would not require replacement parking for
either ADUs or JADUs.
Occupancy
State law prohibits a requirement that the property owner live in either the primary
residence or the ADU. However, if a property is proposed to have both an ADU and a
JADU. As a result, the property owner could be allowed to live in the primary residence
or the JADU.
As proposed, the Town’s updated Ordinance would exempt both ADUs and JADUs from
an owner occupancy requirement.
PUBLIC CONTACT
Public notice of the February 2, 2021 Town Council meeting was placed in a local
newspaper and posting of the meeting agenda serves as notice to the general public.
RECOMMENDATION
Introduce and read by title only Ordinance No. 2021-01, approving amendments to the
Town’s Accessory Dwelling Unit Ordinance as necessary to comply with State law, and
return for second reading on February 16, 2021.
Prepared by:
David Crompton
Chief of Planning
ZTA20-0001 4 February 2, 2021
ADU Ordinance
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Ordinance No. 2021-01
ORDINANCE NO. 2021-01
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
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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
requirements of State laws.
32-76.2 Definitions
a. Accessory Dwelling Unit (ADU) 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 the primary residence.
e. Conditioned Space shall be defined as an area or room that is being heated or
cooled for human habitation.
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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.
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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 which 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.
c. Multifamily lots with multiple detached single-family dwellings are considered
single family lots for purposes of this section.
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
primary residence 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. Garages. A two-car garage, with maximum dimensions of 22 feet deep and 20
feet wide, may be included as part of a detached ADU and does not count
toward the ADU square footage requirements.
d. Basements. An ADU may include a basement so long as the basement is non-
conditioned and is no more than 50 percent the size of the conditioned area of the
ADU.
e. Design. The exterior appearance of an Accessory Dwelling Unit shall be
architecturally compatible with the primary residence and with the surrounding
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neighborhood. Architectural compatibility will be determined to exist where
there is coordination of building colors and materials such as siding and roof
materials.
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.
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 primary residence for 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 foot or 1,000 square foot
ADU 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 but shall not exceed 50 percent of the
conditioned square footage of the existing or proposed primary residence,
however a minimum 850 square foot or 1,000 square floor ADU with more than
one bedroom shall be allowed. 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 primary residence for 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.
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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. 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 a
multiple family building (s) for the zoning district.
c. Height. The maximum height shall be 16 feet. If the Accessory Dwelling Unit
maintains the minimum setbacks applicable to the multiple family building(s)
primary residence, the maximum height shall be the height applicable to the
multiple family building(s).
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.
e. Size. The maximum size of an ADU attached to a multiple family building (s) is
1,200 square feet.
f. 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 structure’s
units.
32-76.9 Development Standards for Detached Accessory Dwelling Units in
Multifamily Districts
a. Number. Up to two detached Accessory Dwelling Units are allowed on a lot that
has existing multifamily dwellings.
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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 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.
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.
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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 an Accessory Dwelling Unit up to 800 square feet in size.
32-76.13 Parking Requirements
a. No additional on-site parking shall be required for the creation of an Accesso ry
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.
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
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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.
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The foregoing Ordinance was introduced on February 2, 2021 and approved and
adopted by the Danville Town Council at a regular 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. 2021-01 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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