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HomeMy WebLinkAbout030221-06.3 ADMINISTRATIVE STAFF REPORT 6.3 TO: Mayor and Town Council March 2, 2021 SUBJECT: Ordinance No. 2021-01, approving amendments to the Town’s Accessory Dwelling Unit Ordinance as necessary to comply with State law DESCRIPTION On February 16, 2021 the Town Council held a public hearing to review and introduce Ordinance No. 2021-01. This Ordinance amends Chapter 32-76 of the Town’s Municipal Code related to the Accessory Dwelling Units as required to comply with State law. The Ordinance includes the following: • Establishes relevant definitions. • Provides for compliance with General Plan and zoning. • Establishes the review and approval process for ADUs and JADUs. • Establishes design standards for ADUs. • Establishes minimum setbacks for attached and detached ADUs. • Establishes minimum and maximum heights for attached and detached ADUs. • Establishes the maximum size of attached and detached ADUs and JADUs. • Establishes the maximum number and size for ADUs in multifamily districts. • Establishes off-street parking requirements for ADUs and JADUs. • Establishes owner-occupancy requirements for JADUs. • Reflects state-wide exempt ADUs. • Reflects the State law’s effect on local CC&Rs. Ordinance No. 2021-01 is now returning to the Town Council for a second reading and adoption. PUBLIC NOTIFICATION Public notice of the March 2, 2021 Town Council meeting was published in a newspaper of general circulation. Posting of the meeting agenda serves as notice to the general public. Accessory Dwelling Unit Ordinance 2 March 2, 2021 RECOMMENDATION Adopt Ordinance No. 2021-01, approving amendments to the Town’s Accessory Dwelling Unit Ordinance as necessary to comply with State law. Prepared by: David Crompton Chief of Planning Reviewed by: Tai J. Williams Assistant Town Manager Attachment: Ordinance No. 2021-01 – Accessory Dwelling Units 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 Chapter 32-76 of the Danville Municipal Code is hereby repealed.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 Owner Occupancy 32-76.13 Statewide Exemption Accessory Dwelling Units 32-76.14 Parking Requirements for Accessory Dwelling Units 32-76.15 Parking Requirements for Junior Accessory Dwelling Units 32-76.16 Short Term Rentals 32-76.17 Covenants, Conditions and Restrictions 32-76.18 Tree Preservation 32-76.19 Substandard Accessory Dwelling Units 32-76.20 Ownership DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 2 OF ORDINANCE NO. 2021-01 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 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 an 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. 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. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 3 OF ORDINANCE NO. 2021-01 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. 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. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 4 OF ORDINANCE NO. 2021-01 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 Accessory Dwelling Unit and does not count toward the Accessory Dwelling Unit square footage requirements. d. Basements. An Accessory Dwelling Unit 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 Accessory Dwelling Unit. e. 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. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 5 OF ORDINANCE NO. 2021-01 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 of 850 square foot or 1,000 square foot Accessory Dwelling Unit 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 of 850 square foot or 1,000 square foot Accessory Dwelling Unit 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. 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 DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 6 OF ORDINANCE NO. 2021-01 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 Accessory Dwelling Unit 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. b. Setbacks, Side Yard and Rear Yard. Four foot minimum setback to the property line, including eves and other architectural projections. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 7 OF ORDINANCE NO. 2021-01 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 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. 32-76.12 Owner Occupancy a. The property owner is not required to occupy either the primary residence or an Accessory Dwelling Unit. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 8 OF ORDINANCE NO. 2021-01 b. For a Junior Accessory Dwelling Unit, the property owner must occupy either the remaining portion of the structure or the newly created Junior Accessory Dwelling Unit. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. The property owner shall be required to record a deed restriction, which shall run with the land. Confirmation of the deed recordation shall be submitted to the Town prior to issuance of building permits and shall include both of the following: 1. A prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single family residence, including a statement that the deed restriction may be enforced against future purchasers. 2. A restriction on the size and attributes of the Junior Accessory Dwelling Unit that conforms with this section. 32-76.13 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 32-76.5, 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. 32-76.14 Parking Requirements for Accessory Dwelling Units a. Except for the circumstances listed below, one off-street parking space shall be provided for all new Accessory Dwelling Units: 1. The Accessory Dwelling Unit is located within one-half mile walking distance of public transit. 2. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. 3. The Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure. 4. When on-street parking permits are required, but not offered to the occupant of the Accessory Dwelling Unit. 5. When there is a car share vehicle located within one block of the Accessory Dwelling Unit. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 9 OF ORDINANCE NO. 2021-01 b. Where required, a parking space for an Accessory Dwelling Unit may be provided as tandem parking on the driveway and within setback areas in locations determined by the Town unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon the specific site or regional topographical or fire and life safety conditions. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit, no replacement parking shall be required. 32-76.15 Parking Requirements for Junior Accessory Dwelling Units a. No additional off-street parking shall be required for a Junior Accessory Dwelling Unit. b. If an existing one or two-car garage is converted to a Junior Accessory Dwelling Unit, the parking spaces must be replaced or be demonstrated to exist off-street on the site. Required parking may be provided as tandem parking on the driveway and within setback areas in locations determined by the Town unless specific findings are made that parking in setback areas or tand em parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 32-76.16 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. 32-76.17 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. 32-76.18 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. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 10 OF ORDINANCE NO. 2021-01 32-76.19 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. 32-76.20 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. DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC PAGE 11 OF ORDINANCE NO. 2021-01 The foregoing Ordinance was introduced on February 16, 2021 and approved and adopted by the Danville Town Council at a regular meeting held on March 2, 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 DocuSign Envelope ID: 0EB61837-1F7A-4915-941E-7CD5D63CB4AC