Attachment 5 - November 8, 2017 Staff Report and Exhibits 9A-16TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/08/2017
DATE: NOVEMBER 3, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
ITEM NO: 2
SUBJECT: CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING ACCESSORY DWELLING UNITS. TOWN
CODE AMENDMENT APPLICATION A-17-003. PROJECT LOCATION: TOWN
WIDE, APPLICANT: TOWN OF LOS GATOS.
BACKGROUND:
The Planning Commission considered amendments to Chapter 29 (zoning regulations) of the
Town code regarding accessory dwelling units on September 27, 2017. At this meeting, the
Commission received the staff report, considered comments from the public, and continued
consideration to November 8, 2017. The Commission discussed the topics outlined in the staff
report and provided staff with direction to revise the proposed amendments.
In addition to Senate Bill 1069 (Exhibit 1) and Assembly Bill 2299 (Exhibit 2) signed in 2016,
Governor Brown signed Senate Bill 229 and Assembly Bill 494 (Exhibit 10) in 2017, further
clarifying certain provisions of the accessory dwelling unit regulations. Where applicable, the
proposed amendments have been modified to comply with Senate Bill 1069 and Assembly Bill
2299.
DISCUSSION:
A. Enhanced Accessory Dwelling Unit Program
The Town has an inventory of over 400 existing accessory dwelling units and 10 new
accessory dwelling unit applications have been approved since the beginning of 2015.
In September, the Commission requested more background on the enhanced accessory
dwelling unit program identified in the 2015-2023 Housing Element. One element of the
PREPARED BY: SALLY ZARNOWITZ, AIA, LEED AP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 • 408-354-6874
www.losgatosca.gov
ATTACHMENT 5
PAGE 2 OF 6
SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY
DWELLING UNITS/A-17-003
NOVEMBER 3, 2017
enhanced program proposes to cover the application fee (approximately $2,000.00) with
Below Market Price (BMP) Housing In -Lieu funds. The fee would be covered for
homeowners who voluntarily record a deed restriction on the property specifying that the
accessory dwelling unit shall be rented to a low income renter (less than 80 percent of
AMI) if the unit is occupied by someone other than a member of the household.
The 2015-2023 Housing Element summarizes the projections for identified strategies to
meet the Town's RHNA. Table 6-1 projects 28 moderate income units generated through
the Town's existing accessory dwelling unit program, and 27 low income units generated
through the proposed enhanced accessory dwelling unit program including non-
conforming and hillside lots. With recommendations from the Planning Commission in
September to include non -conforming and hillside lots of all sizes, subject to FAR
regulations and the Hillside Development Standards and Guidelines (HDS&G), there may be
a potential to generate more than the projected 27 units. The Commission did not express
support for requiring homeowners to record a deed restriction, rather viewed this
requirement as a potential impediment to production of smaller, and therefore practically
more affordable, accessory dwelling units. The enhanced accessory dwelling unit program
would encourage, but not require, homeowners to record a deed restriction to meet the
Town's RHNA for low income units.
B. Neighboring Jurisdictions
In September, the Planning Commission requested zoning regulations regarding accessory
dwelling units that have been revised to conform to the new State law to compare with the
proposed amendments currently under consideration. Exhibit 11 includes zoning
regulations for accessory dwelling units from the cities of Campbell, Monte Sereno,
Saratoga, Cupertino, and Sunnyvale.
C. Definitions
While one Commissioner expressed concerns in September with the potential implications
of the replacement of the term "Second" Dwelling Unit with "Accessory" Dwelling Unit, the
majority did not express concerns and the new State law mandates this amendment.
D. Parking
Senate Bill 229 and Assembly Bill 494, signed into law in 2017, now clarify that parking
requirements for accessory dwelling units shall not exceed one parking space per unit or
per bedroom, whichever is less. The proposed amendments to parking requirements
(Exhibit 13, page 3 and Exhibit 14, page 4) would now include this language, in compliance
with the new State law.
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SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY
DWELLING UNITS/A-17-003
NOVEMBER 3, 2017
As discussed in September, the new State law mandates that local jurisdictions allow
accessory dwelling unit parking in setback areas in determined locations or through
tandem parking, unless specific findings are made that such parking is not feasible based
upon specific site or regional topographical or fire and life safety conditions. The Planning
Commission recommended allowing, parking to be provided as tandem parking and/or in a
front setback on a driveway to further meet the intent of the new State law. The proposed
amendments now allow parking to be provided as tandem parking and/or in a front
setback on a driveway, provided it is feasible based on specific site or fire and life safety
conditions (Exhibit 14, page 3 and Exhibit 15, page 4).
The Commission recommended clarifying that the exception to parking requirements apply
to accessory dwelling units within one-half mile of a public transit "stop." The proposed
amendments now include this language (Exhibit 13, page 3).
The Commission recommended allowing an exception in cases where individual lots do not
have adequate area to provide parking, consistent with current parking regulations in
Section 29.10.140((h)(2) of the Town Code. The proposed amendments now include this
exception language (Exhibit 13, page 3).
The Commission recommended defining the term car share vehicle. The proposed
amendments now include language referencing a car share vehicle as defined by the
California Vehicle Code (Exhibit 13, page 3 and Exhibit 14, page 4).
E. Design and Development Standards
As noted above, in September the Planning Commission recommended allowing accessory
dwelling units on all lots (conforming and nonconforming) in the R-1, R-M and R-1D zones
5,000 square feet or greater; and on all lots in the HR zones 5,000 square feet or greater,
subject to conformance with the Hillside Development Standards and Guidelines. The
proposed amendments now include this language (Exhibit 14, page 3).
In addition, the Commission did not recommend requiring homeowners of nonconforming
lots 10,000 square feet or greater in the R-1, R-M and R-1D zones, and of lots five acres or
greater in the Hillside Residential zones, to record a deed restriction specifying that the
unit be offered at a low income rent if the unit is occupied by someone other than a
member of the household. The proposed amendments now include language clarifying
that an application proposing to record such a deed restriction shall not be subject to
Planning application review fees (Exhibit 14, page 5).
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SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY
DWELLING UNITS/A-17-003
NOVEMBER 3, 2017
F. Setbacks
In September, the Planning Commission recommended allowing new accessory dwelling
units on hillside lots of all sizes, subject to FAR regulations and the setback provisions of
the HSD&G. The proposed amendments now include language clarifying that a new
detached accessory dwelling unit in the HR zones shall comply with the setbacks of the
zone for a primary dwelling unit (Exhibit 14, page 3).
G. Height
While some Commissioners had concerns about potential privacy issues, most of the
Planning Commissioners recommended allowing accessory dwelling units to be
constructed within the existing space of the second floor of a primary dwelling unit or
accessory structure, including new window openings for egress, light, and ventilation. The
Commission did not recommend allowing new two-story attached or detached accessory
dwelling units.
H. Size
In September, the Planning Commission did not recommend limiting the allowable floor
area of an attached accessory dwelling unit to 50 percent of the existing floor area of the
primary dwelling unit. The Commission recommended allowing a sliding -scale, up to 1,200
square feet, for the maximum size of accessory dwelling units based on type (attached or
detached), and lot size. The proposed amendments now include a maximum size for
attached accessory dwelling units from 750 square feet for lots less than 10,000 square
feet to 900 square feet for lots 10,000 square feet and larger; and a maximum square
footage for detached accessory dwelling units from 900 square feet for lots less than
10,000 square feet to 1,200 square feet for lots 10,000 square feet and larger. A footnote
has been included stating that accessory dwelling units greater than 450 square feet in size
in the R-1, R-M, and R-1D zones, and greater than 600 square feet in the HR zones, shall
not require discretionary Planning approval. Maximum sizes would continue to be subject
to total FAR limits for the zone (Exhibit 13, page 3).
I. Elimination and/or Demolition of Existing Accessory Dwelling Units
In September, the Planning Commission recommended designating the DRC as the primary
decision -making body for applications for elimination and/or demolition of accessory
dwelling units. One Commissioner noted that this designation could be reconsidered if at
some point the number of applications for demolition exceeds the number of applications
for construction. One Commissioner also voiced concerns that applications for demolition
of historically significant accessory structures be reviewed by the Historic Preservation
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SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY
DWELLING UNITS/A-17-003
NOVEMBER 3, 2017
Committee (HPC) prior to a decision by the DRC. If an historic resource in an historic
district were proposed for demolition, the Director has the discretion to refer the
application to the HPC as is typically the case.
PUBLIC COMMENTS:
Written comments have been received regarding the proposed project (Exhibit 16).
CONCLUSION:
A. Recommendation
Based on the analysis above and consistency with the General Plan, staff recommends that
the Planning Commission forward the draft Town Code amendments to the Town Council
with a recommendation for adoption. The Commission should also include any comments
or recommended changes to the draft Town Code amendments in taking the following
actions:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3).] (Exhibit 9);
2. Make the required finding that the proposed amendments to the Town Code (Zoning
Regulations) regarding accessory dwelling units are consistent with the General Plan
(Exhibit 9); and
3. Forward a recommendation to the Town Council for approval of the proposed
amendments to the Town Code (Exhibit 12, 13, 14 and 15).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the proposed
amendments to the Town Code with modifications; or
2. Forward a recommendation to the Town Council for denial of the proposed
amendments to the Town Code; or
3. Continue the matter to a date certain with specific direction.
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SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY
DWELLING UNITS/A-17-003
NOVEMBER 3, 2017
EXHIBITS:
Previously received with September 27, 2017 Staff Report
1. Senate Bill 1069
2. Assembly Bill 2299
3. Chaptered changes in Government Code Section 65852.2
4. ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions, September 18, 2017 Draft
5. ARTICLE I. DIVISION 4. Sec. 19.10.150(c)(2) Parking, September 18, 2017 Draft
6. ARTICLE I. DIVISION 7. Sec. 29.10.305-335 Accessory Dwelling Units, September 22, 2017
Draft
7. ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings, September 18, 2017 Draft
8. Public Comments received by 11:00 a.m., Friday, September 22, 2017
Received with this Staff Report
9. Findings
10. Senate Bill 229 and Assembly Bill 494
11. Neighboring jurisdictions' zoning regulations regarding accessory dwelling units
12. ARTICLE I. DIVISION 1. Sec. 29.10.020 Definitions, November 8, 2017 Draft
13. ARTICLE I. DIVISION 4. Sec. 19.10.150(c)(2) Parking, November 8, 2017 Draft
14. ARTICLE I. DIVISION 7. Sec. 29.10.305-335 Accessory Dwelling Units, November 8, 2017 Draft
15. ARTICLE IV. DIVISION 1. Sec. 29.40.015 Accessory Buildings, November 8, 2017 Draft
16. Public Comments received by 11:00 a.m., Friday, November 3, 2017
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PLANNING COMMISSION - November 8, 2017
REQUIRED FINDINGS FOR:
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE
REGARDING ACCESSORY DWELLING UNITS.
FINDINGS:
Required Findings for CEQA:
• It has been determined that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act, Section 15061 (b)(3): Review for exemption.
Required Findings for General Plan:
• The proposed amendments to Chapter 29 of the Town Code regarding accessory dwelling
units are consistent with the General Plan.
EXHIBIT A
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LEGISLATIVE INFORMATION
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SB-229 Accessory dwelling units. (2o17-2018)
SECTION 1. Section 65852.2 of the Government Code Is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in cingle
family and multifamily r> — areas zoned to allow single-family or multifamily use. The ordinance
shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling ynits may be permitted.
The designation of areas may be based on criteria, c: that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
(B) (1) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that Is listed in the California Register of Historic Places.
(II) Notwithstanding clause (I), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within Its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit Is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit net intwndcd for sale may be rented separate from the primary teseteneeeee residence, but may
ee -_etch not be sold or otherwise conveyed separate from the primary residence.
(11) The lot is zoned fer- to allow single-family or multifamily use and contains an existing, includes a proposed
or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached to t` r cxi tie ting or located within the living area of the
existing prima,, dwe111ng or detached from the proposed or existing p, . dwelling and located
on the same lot as the propose cr existing r: dwelling.
(Iv) The —flee - total area of tioorspace of an attached accessory dwelling unit shall not exceed 50
percent of the LAB.+stir living -area, with e maximum ifici iioor arca of proposed c : existing primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(v1) No passageway shall be required In conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required far an existing garage that is converted to accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(Ali) Local building code requirements that apply to detached dwellings, as appropriate.
(Ix) Approval by the local health officer where a private sewage disposal system is being used, If required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem panting on driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
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based upon specific site or regional topographical or fire and life safety conditions, or that it Is not permitted
anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure Is demolished in conjunction with the construction of an
accessory dwelling unit, > converted to no accessory dwellinn Ur : and the local agency requires that those off-
street parking spaces be replaced, the replacement spaces may be located In any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanicai automobile parking lifts. This clause shall not apply to a unit that is described
In subdivision (d).
(2) The ordinance shall not be considered In the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use
permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs
that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that Includes only ministerial provisions for the approval of accessory dwelling
units and shall not include any discretionary processes, provisions, or requirements for those units, except as
otherwise provided in this subdivision, In the event that a local agency has an existing accessory dwelling unit
ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the
effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in
this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that
complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that r„_ rr u ; a existing single-
family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or
imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to
be an owner -occupant or that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to Incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which It is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling
unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the
application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving
the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the nropo.sed e, existing dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit to be constructed In compliance with local
development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
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(d) Notwithstanding any other law, a local agency, whether or not It has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), shall not Impose parking standards for an accessory
dwelling unit in any of the following Instances:
(1) The accessory dwelling unit Is located within one-half mile 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
structure.
existing primary residence or an accessory
(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.
(e) Notwithstanding subdivisions (a) to (d), Inclusive, a local agency shall ministerially approve an application for
a building permit to create within a .,iy res c al zont e-family use one accessory
dwelling unit per single-family lot if the unit Is contained within the existing space of a single-family residence or
accessory structure, has Independent exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers If they are not
required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential local agency. ;Jeciai district, or
water co pU. ,rr to £e a crew residential use for the purposes of calculating local agcney connection fees or
capacity charges for utilities, Including water and sewer service.
(A) For an accessory dwelling unit described In subdivision (e), a local : gcncy agent special district, or water
corporation shall not require the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency- agency, special district
or water corporation may require a new or separate utility connection directly between the accessory dwelling
unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity
charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either Its
size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed
the reasonable cost of providing thls service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of
Housing and Community Development within 60 days after adoption. The department may review and comment
on this submitted ordinance.
(I) As used in this section, the following terms mean:
(1) "Living area" means the Interior habitable area of a dwelling unit Including basements and attics but does not
include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered,
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling Is situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined In Section 17958.1 of the Health and Safety Code.
(13) A manufactured home, as defined In Section 18007 of the Health and Safety Code.
(5) "Passageway" ,means a pathway that Is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
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(6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on
a lot, lined up behind one another.
(j) Nothing in this section shall be construed to supersede or En any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in
. areas zoned to allow single-family or multifamily use. The ordinance
shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on t,j,t_ that may include, nut are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register of Historic Pieces.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction,
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that Is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(I) The unit of In•cndcmay be rented separate from the primary +csidcnce an-d residence, buy may
do rentcc. not be sold or otherwise conveyed separate from the primary residence.
(li) The lot Is zoned to allow single-family or multifamily use and contains an existing, includes a proposed
or existe , single-family dwelling.
(lit) The accessory dwelling unit Is either attached or located within the living area of the
proposed or existing primary dwelling or detached from the proposed or existing dwelling and located
on the same lot as the propose existing primary dwelling.
(iv) The ;e_as�., rotaarea of tioorspace of an attached accessory dwelling unit shall not exceed 50
percent of the exist+-I4V,nfl Witt _a- aa-xi+r inz:- floor area >posed c> --;sting primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shalt not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that Is converted to an accessory dwelling unit or to a
portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is constructed above a garage.
(vili) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system Is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
c r . edroom, whichever is less. These spaces may be provided as tandem parking on Itri cxtst-ing a
driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking Is not feasible
based upon specific site or regional topographical or fire and life safety conditions, or that it i;.; not permitted
, .:ondition.5.
(III) This clause shall not apply to a unit that Is described in subdivision (d).
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(xi) 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, and the local agency requires that those off-
street parking spaces be replaced, the replacement spaces may be located In any configuration Jon the same lot as
the accessory dwelling unit, Including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of' mechanical automobile parking lifts. This clause shall not apply to a unit that is described
in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives Its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use
permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs
that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the
Legislature, Including the costs of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling
units and shall not Include any discretionary processes, provisions, or requirements for those units, except as
otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit
ordinance that falls to meet the requirements of this subdivision, that ordinance shall be null and void upon the.
effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in
this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that
complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that contains an includes a pro, - existing single-
family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or
Imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to
be an owner -occupant or that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to Incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which It Is located,
and shall be deemed to be a residential use that Is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives ' , an application for a permit to create an
accessory dwelling unit pursuant to this subdivision, the local agency shall approve or
disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days
after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the proposed or existing dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local
development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following Instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
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(2) The accessory dwelling unit is located within an architecturally and historicalEy significant historic district.
(3) The accessory dwelling unit is part of the proposed existing primary residence or an X-IStifi-g 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,
(e) Notwithstanding subdivisions (a) to (d), Inclusive, a local agency shall ministerially approve an application for
a building permit to create within a c for single-family use one accessory
dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or
accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has
Independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence. A city may require owner occupancy for either the primary or the accessory dwelling unit
created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered -.N. r^-+r?cat;:' . so: local agency, special district, or
water corporation to be a new residential us, for the purposes of calculating .:_al agency connection fees or
capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency agency, special district, or water
corporation shall not require the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local }ecial district,
or water corporation may require a new or separate utility connection directly between the accessory dwelling
unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity
charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its
size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed
the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of
Housing and Community Development within 60 days after adoption. The department may review and comment
on this submitted ordinance.
(I) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit Including basements and attics but does not
include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5,
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
Independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling Is situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and. Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway that Is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(6) "Tandem parking" that two or more automobiles are parked on a driveway or in any other location on a lot,
lined up behind one another.
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(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
SEC. 2 Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by
both this bill and Assembly Bill 494. That section shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2018, (2) each bill amends Section 65852.2 of the Government Code,
and (3) this bill is enacted after Assembly B1i1494, in which case Section 1 of this bill shall not become operative,
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII S of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of
Section 17556 of the Government Code.
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AB-494 Land use: accessory dwelling units. (2o17-2c1 )
SECTION 1. Section 65852.2 of the Government Code is amended to read:
55852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-
family and multifamily residential zones, The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on criteria, that may Include, but are not limited to, the adequacy of
water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that Include, but are not limited to, parking, height, setback,
lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that Is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within Its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(I) The unit Is not for may be rented separate from the primary a residence, but may
be rented. not be sold or otherwise conveyed from the primary residence
(ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
(Ili) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
(iv) The Increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum Increase In floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet,
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to „_ an accessory dwelling unit or to a
portion of d accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is constructed above a garage.
(vie) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
ireciroc>rr+ bedloorr,, whichever ,s Pess. These spaces may be provided as tandem parking on an existing
driveway.
(II) Offstreet parking shall be permitted In setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety editions, or that it is not permitted
onww#i. re ekc +ti the jurisdiction. conditions.
(III) This clause shall not apply to a unit that is described in subdivision (d).
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(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit, �= is convert „y dwelling unit; and the local agency requires that those
offstreet parking spaces be replaced, the replacement spaces may be located In any configuration on the same lot
as the accessory dwelling unit, Including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described
in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the Issuance of variances or special use
permits, within 120 days after receiving the application, A local agency may charge a fee to reimburse it for costs
that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that Includes only ministerial provisions for the approval of accessory dwelling
units and shall not include any discretionary processes, provisions, or requirements for those units, except as
otherwise provided In this subdivision. In the event that a local agency has an existing accessory dwelling unit
ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the
effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in
this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that
complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(6) This subdlvlsion establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a
local agency may require an applicant for a permit issued pursuant to this subdlvlsion to be an owner -occupant or
that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdlvlsion shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which It is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered In the application of any local
ordinance, policy, or program to lirnit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives =- ?.+ ?. ,rka3 application for a permit to create an
accessory dwelling unit pursuant to this subdivision, the local agency shall -.cgp.44e-affINE tief 1-13F approve or
disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days
after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings
that does not permit at least an efficiency unit to be constructed In compliance with local development standards.
Accessory dwelling units shall not be required to provide fire sprinklers If they are not required for the primary
residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing
accessory dwelling units In accordance with subdivision (a), shall not impose parking standards for an accessory
dwelling unit In any of the following instances:
(1) The accessory dwelling unit Is located within one-half mile of public transit.
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(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit Is part of the existing primary residence or an existing 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.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for
a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot
if the unit Is contained within the existing space of a single-family residence or accessory structure, rcluding, but
not lirnat o to, a stu ¢s , p ui ,i mfa; srrucwr j, has Independent exterior access from the existing
residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the primary residence. A city may require owner
occupancy for either the primary or the accessory dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to
install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge.
(B) For an accessory dwelling unit that Is not described in subdivision (e), a local agency may require a new or
separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section
66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size or the number of Its plumbing fixtures,
upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of
Housing and Community Development within 60 days after adoption.
(i) As used In thls section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not
include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth In Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined In Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined In Section 18007 of the Health and Safety Code.
(5) "Passageway" means a pathway that Is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(6) "Tandem parking" means that two or more automobiles are parked on a thiveway or in any other location on
a lot, lined up behind one another.
(j) Nothing In this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 197t (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
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65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in
#amity arcter tioi zone:. .err a: zoned to allow single-family or multifamily use. The ordinance
shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on c; _:;,: that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
(B) (I) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California Register of Historic Places.
(II) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(I) The unit not interred for sale may be rented separate from the primary residence and residence, buy may
r e--rea-te i not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and contains
or existing single-family dwelling.
fisting, includes a proposed
(Ili) The accessory dwelling unit is either attached to the € dwelling or located within the living area of the
propos:cJ or existing i riiih ry dwelling or detached from the proposed or existing dwelling and located
on the same lot as the proposed or existing primary dwelling.
(iv) The = total area of :borspace of an attached accessory dwelling unit shall not exceed 50
percent of the cxist;ng living arco, witi Haximum fir: {ca of proposed or e': prime
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to lwefling unit or to
portion of are accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines
shall be required for an accessory dwelling unit that Is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedre oro, whichever is less. These spaces may be provided as tandem parking on ,9..-; ' ^!'•'Y— n
driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conoit4or', r that it is not
sa in the Jt,.iA tion: conditions.
(III) Thls clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling wit or converted to an accessory dweiriny unit, and the local agency requires that those off-
street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts. Thls clause shall not apply to a unit that is described
in subdivision (d).
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(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives Its first application on or after July 1, 2003, for a permit pursuant to this
subdivision, the application shall be considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use
permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs
that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the
Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling
units and shelf not include any discretionary processes, provisions, or requirements for those units, except as
otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit
ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the
effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in
this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that
complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use
permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that eonta+,ls an in existing single-
family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or
imposed, except that a local agency may require an applicant for a permit Issued pursuant to this subdivision to
be an owner -occupant or that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend Its zoning ordinance or general plan to Incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit If these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it Is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units In accordance with
subdivision (a) receives • app:rcdi,l- for a permit to create an
accessory dwelling unit pursuant to this subdivision, the local agency shall =. `.." approve or
disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days
after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the proposed :or existing •rimary dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local
development standards, Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory
dwelling unit In any of the following Instances:
(1) The accessory dwelling unit is located within one-half mile 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 oposed 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.
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(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for
a building permit to create within a for single-family use one accessory
dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or
accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has
independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the
primary residence. A city may require owner occupancy for either the primary or the accessory dwelling unit
created through this process.
(f) (1) Fees charged for the construction of accessory awelting units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered Ti reoidcntial used by a local agency, special district, or
water corporation to be a new resrur:r for the purposes of calculating focal agency connection fees or
capacity charges for utilities, induding water and sewer service,
(A) For an accessory dwelling unit described in subdivision (e), a local €y agency, special district, or water
corporation shall not require the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local ,: ency- agency, special district,
or water corporation may require a new or separate utility connection directly between the accessory dwelling
unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity
charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either Its
size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed
the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the
creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of
Housing and Community Development within 60 days after adoption. The department may review and comment
on this submitted ordinance.
(1) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not
include a garage or any accessory structure.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete
Independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling
unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined In Section 18007 of the Health and Safety Cade.
(5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one
entrance of the accessory dwelling unit.
(6) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on
a lot, lined up behind one another.
(j) Nothing In this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act _r 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by
both this bill and Senate Bill 229. That section shall only become operative if (1) both bills are enacted and
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become effective on or before January 1, 2018, (2) each bill amends Section 65852.2 of the Government Code,
and (3) this bill is enacted after Senate Bill 229, in which case Section 1 of this bill shall not become operative.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XII1 B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of
Section 17556 of the Government Code.
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Chapter 21.23 - ACCESSORY DWELLING UNITS
Sections:
21.23.010 Purpose.
This Chapter provides for the establishment of accessory dwelling units in compliance with
Article 2 (Zoning Districts). The purpose of permitting accessory dwelling units is to allow more
efficient use of the City's existing housing stock and to provide the opportunity for the
development of small rental housing units designed to meet the special long-term housing needs
of individuals and families, while preserving the integrity of single-family neighborhoods.
(Ord. No. 2216, § 6, 12-12-2016)
21.23.020 - Definitions.
in addition. to the terms defined by Article 6 (Definitions), the following terms shall have the
following meanings as used in this Chapter:
"Accessory dwelling unit" means a dwelling unit ancillary to a primary dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, laundry, and sanitation on the same
parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an
efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured
home, as defined in Section 18007 of the Health and Safety Code.
"Attached accessory dwelling unit" means an accessory dwelling unit that is constructed as a
physical expansion (i.e., addition) of a primary dwelling unit, and also includes an existing garage
attached to a primary dwelling unit that is legally converted (fully or partially) to an accessory
dwelling unit and construction of a new basement underneath a primary dwelling unit to
accommodate an accessory dwelling unit,
"Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a
separate structure from the primary dwelling unit, and also includes an existing garage detached
from the primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling
unit.
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"Interior accessory dwelling unit" means an accessory dwelling unit that is legally created
entirely within the existing living area of a primary dwelling unit, including within an existing
basement.
"Complete building permit application" means an application for a building permit that has
been cleared for issuance by all reviewing departments and which the Building Official has
determined may be issued to an appropriate individual upon payment of the necessary fees.
"Existing garage" means a legally constructed attached or detached garage that is in existence
and/or granted a certificate of occupancy prior to January 1, 2017.
"Existing living area" means the legally constructed living area of a primary dwelling unit that
is in existence and/or granted a certificate of occupancy prior to January 1, 2017.
"Living area" means the interior habitable floor area of a dwelling unit, including conditioned
basements and attics, but not garages or other accessory structures, as measured to the outside
surface of exterior walls.
"Floorspace" means the gross floor area of a detached accessory dwelling unit as measured
to the outside surface of exterior walls, including its living area and basement area whether
conditioned or unconditioned.
"Passageway" means a pathway that is unobstructed to the sky and extends from a street to
the entrance of an accessory dwelling unit.
"Public transit" means one of the existing light rail passenger terminals located within the City
of Campbell (i.e., Hamilton Station, Downtown Campbell Station, and Winchester Station).
(Ord. No. 2216, § 6, 12-12-2016)
21.23.030 - Minimum Standards for Eligibility.
An accessory dwelling unit may only be constructed on parcels satisfying the following
minimum standards:
A. Zoning district. A parcel located within an R-1 (Single -Family Residential)
Zoning District.
B.
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Existing primary dwelling unit. A parcel that is presently developed with
one primary dwelling unit. An accessory dwelling unit may not be
constructed on a parcel without a primary dwelling unit or which is
developed with more than one primary dwelling unit.
C.
Minimum lot size. A parcel with a net lot area of ten thousand square feet
or greater, inclusive of any public or private easements except for
easements that establish a private street, subject to the living area or
floorspace limitations specified by Table 3-1(a), The community
development director may require preparation of a survey to verify the
parcel size.
Table 3-1(a) — Minimum Lot Size by Living Area or Floorspace
Minimum Net Lot Area
Maximum Floorspace or
Living Area
10,000-10,999 sq. ft.
700 sq. ft.
11,000-11,999 sq. ft.
800 sq. ft.
12,000-12,999 sq. ft.
900 sq. ft.
13,000-13,999 sq. ft.
1,000 sq. ft.
14,000-14,999 sq. ft.
1,100 sq. ft.
15,000 sq. ft. or greater
1,200 sq. ft.
D. Compliant parking. A parcel that is presently developed with the minimum number of
parking spaces required for a primary dwelling unit (one covered and one uncovered)
or which will be developed with the required number parking spaces in conjunction
with the creation of an accessory dwelling unit.
(Ord. No. 2216, § 6, 12-12-2016)
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21.23.040 - Development Standards.
An accessory dwelling unit may only be constructed in accordance with the following
development standards:
A.
B.
C.
D.
E.
General requirements. Except as otherwise specified by this Chapter, all
accessory dwelling units shall satisfy the requirements applicable to a
primary dwelling unit, including required yards, building height, distance
between buildings, setbacks, floor area ratio, and lot coverage standards,
as specified by the zoning district and/or area or neighborhood plan in
which the parcel is located, as well as all applicable general performance,
site development, landscaping, and parking standards (including those
specified by Section 21.23.040.H). The requirements for accessory
structures found in Section 21.36.020 (Accessory structures) do not apply
to accessory dwelling units.
Existing garages. An existing garage that is fully (not partially) converted to
an accessory dwelling unit is subject to all provisions of this Chapter
except that no additional setback from property lines or to other existing
structures shall be required, provided that the existing garage is not
expanded. Any expansion of the structure shall comply with applicable
setback requirements and shall not be permitted to exercise the setback
exception for non -conforming structures provided for in Section
21.58.050.F (Exceptions).
Maximum size. The maximum floorspace for a detached accessory
dwelling unit and the maximum living area for an attached or interior
accessory dwelling unit shall be as specified in Section 21.21.030.C, Table
3-1(a), except that in no case shall the living area for an attached or
interior accessory dwelling unit exceed fifty percent of the existing living
area of the primary dwelling unit.
Maximum height and stories. A detached accessory dwelling unit shall be
a maximum of fourteen feet in height and not exceed one story. An
attached or interior accessory dwelling unit shall be limited to the ground
floor or the basement of the primary dwelling unit.
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Allowable rooms, Accessory dwelling units shall include no more than two
bedrooms and two bathrooms. In no case shall an accessory dwelling unit
include more than one kitchen.
F. Design. A detached accessory dwelling unit shall be constructed to
incorporate the same or similar building materials and colors as the
primary dwelling unit, except for manufactured homes which shall be
required to incorporate only the same or similar building colors as the
primary dwelling unit. Attached or interior accessory dwelling units shall
maintain the appearance of the primary dwelling unit as that of a single-
family dwelling. Garages that are converted to accessory dwelling units
shall include removal of garage doors which shall be replaced with
architectural features, including walls, doors, windows, trim and accent
details that remove any appearance that the structure was originally a
ga rage.
G. Entrances. An accessory dwelling unit shall include separate exterior
access from the primary dwelling unit and may include an interior
connection. However, the front door of an accessory dwelling unit shall
not be oriented towards a public street. A passageway from the accessory
dwelling unit to a public street may be created, but shall not be required
by the City.
H. Parking. Off-street parking for accessory dwelling units, in addition to
those parking spaces required for the primary dwelling unit (one covered
space and one uncovered space), shall be provided in compliance with the
following provisions.
1. Number of parking spaces required.
a. No additional parking shall be required for interior accessory
dwelling units.
b. Attached and detached accessory dwelling units shall provide
one parking space (covered or uncovered) per bedroom
provided that any existing parking spaces that are removed by
conversion of an existing garage shall be replaced concurrently
with creation of the accessory dwelling unit.
2.
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Parking configuration. Required and replacement covered parking
spaces created by construction of a carport or garage and
replacement uncovered spaces shall comply with all applicable
development standards, Uncovered parking spaces required for an
accessory dwelling unit may encroach into a required front -yard or
street -side yard setback within an existing driveway that satisfies the
minimum stall dimensions for a residential parking space, unless
such a configuration is determined not to be feasible based upon fire
and/or life safety conditions present on the property. Such a
determination may be appealed as an interpretation of this Code in
compliance with Section 21.02.030 (Procedures for interpretations).
3. Demolition of an existing garage. When an existing garage (or
carport) is demolished in conjunction with the construction of an
accessory dwelling unit, any required parking spaces contained
within the garage (or carport) shall be replaced concurrently with
creation of the accessory dwelling unit. The replacement spaces shall
comply with all applicable development standards except that the
replacement spaces may be located in any configuration on the
parcel, including, but not limited to, as covered spaces, uncovered
spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts.
4. Exception to parking requirement. The parking requirement for an
attached and detached accessory dwelling unit shall not apply in the
following instances, which shall allow creation of an attached or
detached accessory dwelling unit without provision of additional
parking.
a. The accessory dwelling unit is located on a parcel within a
traversable distance of one-half mile of public transit.
b. The accessory dwelling unit is located on a parcel within a
designated historic district.
c. The accessory dwelling unit is located within the boundaries of
a permanent residential parking permit program, and where
the City does not offer parking permits to the occupant(s) of the
accessory dwelling unit.
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d. The accessory dwelling unit is located on a parcel within one
block of a City -licensed car -share vehicle (as defined by the
California Vehicle Code).
(Ord. No. 2216, § 6, 12-12-2016)
21.23.050 - General Requirements and Restrictions.
The following requirements and restrictions apply to all existing and new accessory dwelling
units:
A. Rentals. No more than one dwelling unit on the parcel, either the
accessory dwelling unit or the primary dwelling unit, shall be leased or
otherwise rented. Leases for durations of less than thirty days, including
short-term rentals (as defined by the California Government Code) are
prohibited. The community development director shall require
recordation of a deed restriction documenting these restrictions.
B. Subdivision and sales. No subdivision of land or air rights shall be allowed,
including creation of a stock cooperative or similar common interest
ownership arrangement.
C. Park impact fee. A fee in -lieu of parkland dedication land shall be paid in
compliance with Chapter 13.08 (Park Impact Fees).
D. Building code. Accessory dwelling units shall comply with all applicable
Building and Fire Codes as appropriate, except that the Building Official
shall not require installation of fire sprinklers tor an interior accessory
dwelling unit if they would otherwise not be required for the primary
dwelling unit, except if the creation of the accessory dwelling unit would
result in creation of a "new dwelling using portions of the original
structure" pursuant to Chapter 18_,32 (Determination of scope of work).
E. Utilities. The Building Official shall coordinate with local utility agencies to
ensure that accessory dwelling units are not considered new residential
uses for the purpose of calculating local agency connection fees or
capacity charges for utilities, including water and sewer services.
(Ord. No. 2216, § 6, 12-12-2016)
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21.23.060 - Approval Process.
The City shall issue a building permit for an accessory dwelling unit that is consistent with the
provisions of this Chapter, as determined by issuance of a Zoning Clearance, within one hundred
twenty days of submittal of a complete building permit application. However, physical expansion
(i.e., addition) or exterior alteration to an existing primary dwelling unit located on a parcel that is
subject to design review pursuant to Chapter 21.42 (Site and architectural review) or Chapter
21.33 (Historic preservation) shall first receive approval of the appropriate land use permit prior
to a submittal of a building permit application for an accessory dwelling unit.
(Ord. No. 2216, 5 6, 12-12-2016)
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10.06.140 - Accessory dwelling units; standards and requirements.
The following standards and requirements shall apply to all accessory dwelling units:
A.
B.
C.
Accessory dwelling units shall be permitted on a lot having a minimum lot
area of eight thousand (8,000) square feet in any R-1 residential Zoning
District.
The accessory dwelling unit shall be either attached to the existing primary
dwelling and located within the living area of the existing dwelling or
detached from the existing primary dwelling and located on the same lot
as the existing primary dwelling.
The accessory dwelling units are limited to the following sizes:
Zoning District
Size Limitation
R-1-8
Attached: 600 sq, ft. with or without parking
Detached: 900 sq. ft. with or without parking
R-1-20
Attached: 700 sq. ft. with or without parking
Detached: 1,000 sq. ft. with or without parking
R-1-44
Attached: 800 sq. ft. with or without parking
Detached: 1,200 sq, ft. with or without parking
The floor area of an attached accessory dwelling unit shall not exceed fifty (50)
percent of the existing living area of the primary dwelling.
D. Either the accessory dwelling unit or the primary dwelling which it adjoins
or within which it is located, must be the bona fide principal residence of
at least one (1) legal owner of the lot or parcel containing said dwelling, as
evidenced at the time of building permit approval by appropriate
documents of title and residency. Prior to issuance of a certificate of
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occupancy, each applicant shall submit a declaration, under penalty of
perjury, stating that the property shall remain owner -occupied as defined
herein, for so long as the accessory dwelling unit shall exist, or until this
provision is repealed, whichever occurs first.
E. At least one (1) parking space shall be provided for each accessory
dwelling unit in addition to the minimum number of parking spaces
required for the primary dwelling. No additional driveways shall be
permitted, except for corner lots.
Parking may be provided in setback areas and in a tandem configuration on an
existing driveway provided that it is feasible based on specific site or fire and life safety
conditions.
F.
1. Should a garage, carport or covered parking structure be demolished
in conjunction with the construction of an accessory dwelling unit,
the required off-street parking spaces to be replaced may be
replaced as covered, uncovered, or tandem spaces provided that it is
feasible based on specific site or fire and life safety conditions.
2. No additional parking shall be required for an accessory dwelling unit
that meets any of the following criteria:
a. The accessory dwelling unit is located within one-half mile of
public transit; or
b. The accessory dwelling unit is located within an architecturally
and historically significant historic district; or
c. The accessory dwelling unit is part of the existing primary
residence or an existing accessory structure; or
d. When there is a car share vehicle located within one block of
the accessory dwelling unit.
An accessory dwelling unit which is attached to or within the primary
residence on the lot shall not have any direct access to the primary
residence but shall have a separate exterior entry which shall not be
located on the same side of the primary residence as the principal exterior
entry to the primary residence. The entry to any accessory dwelling unit
shall be so configured and located that only one (1) main entrance to any
property is visible from the adjacent street or road.
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G.
H.
I.
J•
K.
The accessory dwelling unit shall be allowed only on a lot or parcel which
is connected to sanitary sewers and has adequate access to a street
conforming to City of Monte Sereno street standards.
The accessory dwelling unit shall comply with the structural and
impervious coverage limits and the height limitations in the residential
zoning district within which it is located. Accessory dwelling units shall
comply with the front, side and rear yard setbacks required for an
accessory building, respectively, in the residential zoning district within
which it is located.
1. No setback shall be required for an existing garage that is converted
to an accessory dwelling unit.
2. No more than five (5) feet from the side and rear lot lines shall be
required for an accessory dwelling unit that is constructed above any
garage.
Accessory dwelling units shall comply with the following design standards:
1. The dwelling unit shall be constructed with the materials identical in
color, texture, and appearance to the primary dwelling, including but
not limited to, roofing, siding, windows, and doors.
2. The dwelling unit shall match the roof pitch and roof form of the
primary dwelling so as to blend with the existing architecture.
The number of animals which may be kept on each lot as specified in the
zoning regulations for the residential zoning district within which the lot is
situated, shall remain unchanged after construction of an accessory
dwelling unit.
The planning fees associated with an accessory dwelling unit shall be
waived in the event the owner agrees to rent the accessory dwelling unit
for a period of no less than ten (10) years to people who qualify as low
income or very low income households. Such agreement shall be
evidenced by a deed restriction recorded against the property on which
the accessory dwelling unit is located and shall be recorded prior to the
issuance of a certificate of occupancy for the accessory dwelling unit.
"Low-income household" means a household with an adjusted income
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which is not Tess than fifty (50%) nor more than eighty percent (80%) of
median income. "Very -low-income household" means a household with
less than fifty (50%) of median income.
(Ord. No. NS-184, § 1, 10-16-2012; Ord. No. NS-198, § 5, 11-3-2015; Ord. No. NS-209, § 2, 12-20-
2016)
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Chapter 15 - ZONING REGULATIONS
(b) Any determination or decision by the Planning Commission under this Article may be appealed to
the City Council in accordance with the procedures set forth in Article 15-90 of this Chapter for appeals
from decisions of the Planning Commission.
(Ord. No. 270, § 1, 7-15-2009; Ord. No. 273, § 1(att. A), 9-16-2009)
Sections:
15-56.010 -
15-56.020
15-56.030 -
15-56.040 -
15-56.050
Article 15-56 - SECOND DWELLING UNITS
Purpose.
- One second dwelling unit per site.
Development standards.
Inspections.
- Legalization of existing second dwelling units.
15-56.010 - Purpose.
The purpose of this Chapter is to authorize the establishment of second dwelling units in single-family
districts to comply with state law and to help achieve the goals and policies of the Housing Element of
the Saratoga General Plan. Controlled construction of second dwelling units will promote a stable
heterogeneous community with a balanced social and economic mix.
(Amended by Ord. 218 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-56.020 - One second dwelling unit per site.
Only one second dwelling unit shall be allowed on any one site.
(Amended by Ord. 218 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-56.030 - Development standards.
Except as otherwise provided in Section 15-56.050, each second dwelling unit shall comply with all of
the following development standards:
(a) Lot size. The net site area of the lot upon which the second dwelling unit is located shall not
be less than the minimum standard prescribed for the district applicable to such lot. Minimum
standards for lots located in the HR Residential District are determined per Section 15-13.060(a)
of the City Code.
(b) Unit size. The second dwelling unit shall be at least four hundred square feet and shall not
exceed one thousand two hundred square feet of living space, not including the garage. If a
second dwelling unit has a basement, the area of the basement is included as part of the total
maximum allowed.
(c) Building codes. The second dwelling unit shall comply with applicable building, health and
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fire codes.
(d) Zoning regulations. The second dwelling unit shall comply with applicable zoning
regulations (including, but not limited to, required setbacks, coverage, and height limits). A one-
time ten percent increase in site coverage and allowable floor area may be granted by the
Community Development Director if the new second dwelling unit is deed restricted so that it may
only be rented to below market rate households.
(e) Parking. A minimum of one off-street covered parking space within a garage shall be
provided for the second dwelling unit in addition to the off-street covered parking spaces required
for the main dwelling. The garage requirement may be waived if the second dwelling unit is deed
restricted so that they may only be rented to below market rate households. If the garage
requirement is waived, an open parking space must be provided.
(f) Access. The second dwelling unit shall be served by the same driveway access to the street
as the existing main dwelling.
(g) Common entrance. If the second dwelling unit is attached to the main dwelling, both the
second dwelling unit and the main dwelling must be served by either a common entrance or a
separate entrance to the second dwelling unit must be located on the side or at the rear of the
main dwelling.
(h) Limitations on number of bedrooms. A second dwelling unit may not have more than two
bedrooms.
(i) Appearance. All new construction to create a second dwelling unit must match the existing
main structure in color, materials and architectural design. (Amended by Ord. 218 § 2 (part), 2003;
Ord. 245 § 2 (Att. A) (part), 2006)
(Amended by Ord. No. 272(exh. A), 9-16-2009)
15-56.040 - inspections.
(a) Where the application is for legalization of an existing second dwelling unit or approval of a
proposed unit to be attached to the main dwelling an inspection of the property shall be conducted to
determine that the existing second dwelling unit, and any main dwelling to which a second dwelling unit
will be attached by a common wall, will comply with all applicable building, health, fire and zoning
codes. Such inspections shall be performed by the City or by an independent contractor retained by the
City for such purpose, and the applicant thereof shall pay the cost.
(b) Each existing second dwelling unit and a main dwelling, to which a second dwelling unit will be
attached by a common wall, shall be reviewed by the Fire Marshall or his designated representative.
Any recommendations by the Fire Marshall shall be included as conditions for the granting of a building
permit. Such recommendations may include the connection of the second dwelling unit to an existing or
proposed early warning fire alarm system installed in the main dwelling,
(c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the
City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the
property, nor shall the authorization to construct a new second dwelling unit or the legalization of an
existing second dwelling unit, pursuant to this Code, represent a warranty by the City to the owner of
the property or any other person that such property fully complies with all applicable building, health
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Chapter 15 - ZONING REGULATIONS
and fire codes.
(Amended by Ord. 218 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-56.050 - Legalization of existing second dwelling units.
(a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary
housing conditions. Second dwelling units currently exist which were created prior to the adoption of
this Article. In order to encourage the legitimating of such units under the law, the owners of property on
which second dwelling units are located should be encouraged to legalize such units provided the units
are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing
second dwelling units are not safe and sanitary for continued human occupancy, the City has the
responsibility to either insure they are made both safe and sanitary or their use for human occupancy is
discontinued. The purpose of this Section is to establish special procedures and standards for
legalization of existing second dwelling units that are or can be made fit for human occupancy.
(b) Scope of Section. This Section shall apply only to second dwelling units established prior to
February 19, 2003 but after August 18, 1984 within a structure for which a building permit was issued,
or otherwise was lawfully constructed, and which complied with any applicable zoning or development
standards in force at the time of construction_ Any second dwelling unit established from and after
February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article.
(c) Contents of application. Application to legalize an existing second dwelling unit shall be filed
with the Community Development Director on such form as shall be prescribed. The application shall
be accompanied by the following:
(1) A vicinity map showing the location of the site,
(2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-
street parking spaces on the site.
(3) Inspection reports by an independent contractor and the Fire Marshall, as required under
Section 15-56.050 of this Article.
(4) A preliminary title report covering the site, or other evidence showing the applicant to be the
owner of the property.
(5) If the site is a hillside lot, either or both of the following documents shall be furnished if
requested by the Community Development Director: (i) a topographic map of the site showing
contours at intervals of not more than five feet; and/or (ii) a geologic report on the site prepared by
a certified engineering geologist or a registered civil engineer qualified in soil mechanics,
(6) If the existing second dwelling unit is served by a septic system, a description thereof
together with a drawing showing the location of the septic tank and leach field on the site.
(d) Standards. Existing second dwelling units shall comply with the following standards:
(1) Where the second dwelling unit is located upon a hillside lot, the applicant shall demonstrate,
to the satisfaction of the Community Development Director that the second dwelling unit is not
subject to actual or potential damage from landslide, earth movement or other geologic hazard.
(2) In lieu of compliance with the Uniform Building Code, the second dwelling unit shall comply
Saratoga, California, Code of Ordinances
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Chapter 15 - ZONING REGULATIONS
with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable
health and fire codes.
(3) Provided that not less than three off-street parking spaces are available on the site, the
requirement of a covered parking space for the second dwelling unit may be waived if there is no
feasible location on the site for either a garage or carport. 1n such event, the parking space for the
second dwelling unit shall be screened from view from the street, if possible; otherwise, the
driveway on the site may be utilized as a parking space for the second dwelling unit.
(4) Where the second dwelling unit is served by a septic tank, the septic system shall be
inspected and approved by the County Health Department. In addition, the applicant shall execute
and record a deferred improvement agreement wherein the applicant and his successors will be
obligated to connect the second dwelling unit, and the main dwelling if also served by a septic
system, to a sanitary sewer whenever the same becomes available and to pay his proportionate
share of the installation cost.
(e) Disqualified existing units. Any second dwelling unit established prior to February 19, 2003
which does not qualify for legalization under this Section by reason of not having been lawfully
constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as
follows:
(1) The existing second dwelling unit shall comply with the standards set forth in subsection (d)
of this Section.
(2) The existing second dwelling unit shall comply with current zoning regulations, unless a
variance is granted pursuant to Article 15-70 of this Chapter.
(f) Burden of proof. Wherever in this Section the legalization of an existing second dwelling unit
depends upon the establishment of any event occurring on or before a specified date, the burden of
proof shall be upon the applicant.
(Amended by Ord. 218 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
Article 15-58 - MIXED -USE DEVELOPMENT STANDARDS
Sections:
15-58.010 - Purposes of article.
15-58.020 - Development standards.
15-58.010 - Purposes of article.
The purpose of the mixed -use development standards is the implementation of the Housing Element of
the General Plan. The goal is to implement this Housing Program in a consistent manner throughout
the various commercial and office zoning districts of the City. it is further the goal of these standards to
protect existing and future commercial development.
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CHAP I ER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZON... Page 1 of 3
Cupertino, CA Municipal Code
l'ITLE 19: ZONING
CHAP"IER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
)CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
Section
19.112.010 Purpose.
19.112.020 Applicability of regulations.
9.112.030 Site development regulations.
19.112.040 Review process.
119.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the City
through provision of additional housing in certain residential and agricultural zoning districts in a
manner which minimizes adverse impacts of accessory dwelling units on neighborhoods.
(Ord, 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)
'19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling unit:
1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding the
underlying zoning, an accessory dwelling unit developed pursuant to this chapter does not cause
the lot upon which it is located to exceed its maximum the allowable density on the lot,
2. Must comply with the site development regulations and guideline specified in those zoning
districts for dwelling units, including but not limited to, lot coverage, floor area ratio, height,
setbacks, landscape etc. the regulations contained in this chapter, Chapter 19.100, Accessory
Structures/Buildings, Chapter 19.124, Parking, except as those standards may be modified by
this chapter.
(Ord. 16-2159 § 8 (part), 2016; Ord. 2085, § 2 (part), 2011; Ord. 1901, (part), 2002; Ord. 1601,
Exh. A (part), 1992)
319.112.030 Site Development Regulations.
Site Development Regulations for Accessory Dwelling Units are as identified in Table
19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached
Conversion of
portions of existing
structures to an
accessory dwelling
unit
New addition to
existing accessory
dwelling unit and
new accessory
dwelling unit
A.
Size of living space, exclusive of decks
1. Minimum size
150 s.f.
2. Maximum size
10% of the net lot area, up to a maximum of 1,000 s.f., or 5
percent of the existing living space of the principal dwellin
whichever is more restrictive.
S.
Allowed if the unit:
I Not allowed
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CHAPTER 19,112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZON... Page 2 of 3
Second -story accessory
dwelling unit
1. Is a conversion of existing second
story portions of the principal dwelling
unit; and
2. Complies with applicable landscape
requirements to adjoining dwellings
consistent with Section 19.28.120
C.
Parking
1. Parking for accessory
dwelling unit
None
One additional off-street parking spE
shall be provided, if the principal dv
unit has less than the minimum off-5
parking spaces for the applicable
residential zoning district in which i-
located, as required in Chapter 19.1;
unless the unit meets the following
requirements:
a. Is within one-half (1/2) mile of a
public transit stop; or
b. Located in an architecturally anc
historically significant historic distri
c. Occupant of the ADU is not allo-
offered a required on -street parkin
permit; or
d. Located within one block of a ca
share vehicle pick-up location.
2. Replacement parking
spaces when new accessory
dwelling unit converts
existing covered, uncovered
existing
parking spaces
required for the principal
dwelling unit
a. Replacement spaces must be provided for the principal
dwelling unit to meet the minimum off-street parking space
the applicable residential zoning district in which it is locat
required in Chapter 19.124.
b. Replacement spaces may be located in any configuratic
the same lot as the accessory dwelling unit, including but n
limited to covered spaces, uncovered spaces, tandem space
use of mechanical automobile parking lifts.
e. Any replacement parking spaces provided must comply
the development regulations for the applicable zoning distr
which it is located, Chapter 19.124, Parking and Chapter 14
Accessory Buildings/Structures.
D.
Direct outside access
1. Independent outdoor access must be provided without
through the principal dwelling unit.
2. Where second -story accessory dwelling units are allow
entry shall not be provided by an exterior staircase.
E.
Screening from public street
All access to accessory dwelling units shall be screened fro
public street.
(Ord. 17-2165, § 12, 2017; Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011)
)19.112.040 Review Process.
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CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZON... Page 3 of 3
A. Applications for accessory dwelling units conforming to the requirements of this chapter
shall be reviewed ministerially without discretionary review and must be approved or denied
within the time frame specified in Government Code Section 65852.2.
B. Accessory structures should be compatible with the architectural style and materials of the
principal structure.
(Ord. 16-2159, § 8 (part), 2016)
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19.68.040. Accessory dwelling units. Page 1 of 3
Sunnyvale P4unicipal Code ,
s w _ Pre�rious Fl �:t W1acin aarc � Pr: _-_� °'o Frar'e�.
Title 19. ZONING ..._.. _ - _
Article 5. SPECIAL HOUSING ISSUES
Chapter 19.68. MOBILE, ACCESSORY. AND SINGLE ROOM OCCUPANCY LIVING UNITS
19.68.040. Accessory dwelling units.
(a) Purpose. The city council finds that the city is experiencing a severe shortage of housing, especially
affordable housing, and that facilitating the development of accessory dwelling units will increase the housing
options for family members, seniors, low -wage workers, persons with disabilities, students and others in the
community. Because accessory dwelling units are an essential component of the city's housing supply, an
accessory dwelling unit that conforms to all applicable requirements shall not be considered to exceed the
allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent
with the existing general plan and zoning designations for the lot.
(b) Requirements Applicable to All Accessory Dwelling Units.
(1) No more than one accessory dwelling unit shall be located on any lot.
(2) Entrances and outside stairways serving accessory dwelling units shall not be constructed on
any building elevation facing a public street,
(3) Exterior materials, colors and appearance of accessory dwelling units shall match the primary
structures on the same lot.
(4) No detached unit may be placed in front of the main dwelling.
(5) Either the accessory dwelling unit or the primary dwelling must be the bona fide principal
residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of building
permit approval by appropriate documents of title and residency. The dwelling unit not so occupied may be
rented. Prior to issuance of a building permit, each applicant shall provide evidence that a covenant has been
recorded on the title of the affected property, to the effect that the property shall be owner -occupied as defined
herein, for the period of twenty years from the date the covenant is recorded, or until this provision is
repealed, whichever occurs first.
(6) Nothing contained herein shall be construed to permit subdivisions of real property otherwise
prohibited by this code or state law.
(7) All setback, lot coverage, building height, open space, design review and other applicable
zoning requirements in Title 19 shall be satisfied, except as permitted by variance or as otherwise provided in
this section.
(8) All otherwise applicable provisions of Title 16 shall be satisfied, including solar hot water
heating requirements. Accessory dwelling units shall not be required to provide fire sprinklers unless required
for the primary residence.
(c) Newly Constructed or Expanded Structures. The following requirements apply to all accessory
dwelling units other than qualified conversions of existing interior space as provided in subsection (d), below.
(1) Location. Accessory dwelling units shall be allowed only in the following zoning districts in
conjunction with a single-family dwelling:
(A) R-0 and R-1.
(B) R-2. At least one thousand square feet of open space is required for each R-2 lot with an
accessory unit.
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19.68.040. Accessory dwelling units. Page 2 of 3
(C) Residential DSP blocks.
(2) Minimum Net Lot Area.
(A) R-0 and R-1 zoning districts require eight thousand five hundred square feet.
(B) R-2 zoning district and residential DSP blocks require five thousand square feet.
(3) Size. The total size of an accessory dwelling unit shall be no less than one hundred fifty square
feet and no greater than seven hundred square feet.
(4) Parking.
(A) In addition to the parking spaces required for the primary residence, at least one off-street
parking space shall be provided for each accessory dwelling unit, which may be provided as tandem parking
in an existing driveway.
(B) If a garage, carport, or covered parking structure is converted or demolished in conjunction
with the construction of an accessory dwelling unit, those off-street parking spaces shall be replaced. The
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical
parking lifts. No setback is required for an existing garage that is converted to an accessory dwelling unit.
(C) Parking in setback areas or tandem parking may be denied if found to be infeasible due to
specific site or life safety conditions.
(D) Exceptions. Off-street parking spaces for the accessory dwelling unit are not required if
any of the following circumstances apply.
(i) The accessory dwelling unit is located within one-half mile of public transit.
(ii) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(iii) The accessory dwelling unit is part of the existing primary residence or an existing
accessory structure.
(iv) When there is a designated, fixed pick-up or drop-off location for a car share vehicle
located within one block of the accessory dwelling unit.
(5) Utilities. The applicant may be required to install a new or separate utility connection directly
between the accessory dwelling unit and the utility and may be subject to a connection fee or capacity charge
established by the city council that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This
fee or charge shall not exceed the reasonable cost of providing this service.
(d) Conversions of Existing Interior Space. An application for a building permit to create one accessory
dwelling unit per single-family lot in the R-0 or R-1 zoning districts shall be ministerially approved subject to
the following requirements:
(1) The unit is contained within the existing space of a legally permitted accessory structure or
single-family residence.
(2) The total size of the accessory dwelling unit is no less than one hundred fifty square feet.
(3) The unit has independent exterior access from the existing residence.
(4) The side and rear setbacks are sufficient for fire safety.
(5) The applicant shall not be required to provide an off-street parking space for the accessory
dwelling unit. However, the applicant shall be required to replace any parking spaces lost as a result of the
conversion of the existing space to an accessory dwelling unit.
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19.68.040. Accessory dwelling units. Page 3 of 3
(6) Design review shall not be required for minimal exterior changes that do not expand the existing
structure.
(7) The applicant shall not be required to install a new or separate utility connection directly
between the accessory dwelling unit and the utility, and shall not be charged a connection fee or capacity
charge related to such requirement. The applicant may voluntarily install a new or separate utility connection,
which shall be subject to the same fees described in subsection (c)(5). (Ord. 3105-16 § 11).
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November 8, 2017 DRAFT
Sec. 29.10.020, - Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed
to them in this section unless the context clearly indicates otherwise:
Accessory building or structure means a subordinate building or structure on the same lot or building
site, the use of which is incidental to that of the main structure or building and which is used exclusively
by the occupants or owners of the main structure or building.
.ess v i dwelling unit means a detached or attached dwelling unit which provides
complete independent living facilities for one (1) or more persons and is accessory to and generally
smaller than a primary dwelling unit. A -dwelling unit is located in a permanent
structure with separate entrance, sleeping, bath and kitchen facilities (stove, hot plate, microwave oven or
equivalent).
(1) A detached accessorriocondary- dwelling unit is physically separate from the primary dwelling
unit.
(2) An attached accessorvBocondafy dwelling unit is physically attached requires modification to
the primary dwelling unit.
Accessway means a portion of a parcel of land which, because of its size and shape and its
relationship to the street and balance of the property, is suitable only for pedestrian or vehicular access to
the balance of the property.
Adjacent means nearby or close to, but not necessarily abutting.
Agriculture means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock
farming, dairying or animal husbandry, including all uses customarily incidental thereto, but not including
slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other
industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
Airport means any area of land, water, building or structure used for the landing and taking off of
aircraft such as, but not limited to, propeller, rocket, jet -driven aircraft and helicopters.
Alter means to change, modify, or add to in construction, or to change in size, shape, character,
occupancy, or use, a building or structure.
Animal husbandry means the raising of horses and cattle. Animal husbandry shall not include hog
farming or dairying.
Apartment, see Dwelling, multiple.
Apartment hotel means an apartment hotel which is a building or portion thereof used or designed as
a residence for three (3) or more families living independently of each other in which food or meals are
regularly provided to the tenants or some of them, and in which housekeeping or maid service is routinely
provided to the tenants or some of them.
Arterial means any highway, street or road so designated in the general plan.
Attic means a non -habitable space (that may or may not be used for storage) with a maximum height
of seven (7) feet six (6) inches as measured from the upper surface of the attic floor to the underside of
the roof above. For the purposes of this definition, unfinished attic spaces are considered to have floor
surfaces. Once an attic space exceeds seven (7) feet six (6) inches in height, all areas down to five (5)
feet will be counted toward the floor area ratio.
Automobile wrecking, see Junkyard.
Main' 12
Page 1
Bar means a drinking place where alcoholic beverages and snacks are served; possibly with
entertainment such as music, television screens, video games or pool tables.
Basement means an enclosed area that extends more than four (4) feet above the existing or
finished grade in any location. Basements, as defined here, shall be included in the floor area ratio
calculation. For purposes of this definition, whichever grade (existing or proposed) results in the lowest
building profile of a building shall be used.
Boardinghouse means any building used for the renting of rooms or providing of table board for from
three (3) to five (5) persons, inclusive, over the age of sixteen (16) years, who are not related by blood or
marriage to the resident -operator thereof.
Breezeway means a roofed passageway, designed and used only to connect two (2) or more
otherwise separate buildings and permanently open along at least fifty (50) percent of its perimeter.
Building means any structure used or intended to be used to shelter a person or personal property.
Building, abutting means buildings with a common wall
Building, main means a building within which is conducted the principal or main use on a lot or
parcel; where a permissible use involves more than one (1) structure designed or used for the primary
purpose, as in the case of group houses, each such permissible building on the parcel, as defined in this
chapter, shall be construed as constituting a main or principal building.
Business or commerce means the purchase, sale or other transaction involving the handling or
disposition of any article, substance or commodity for either profit or livelihood, regardless of whether
there is any other motivation. The activities normally conducted in office buildings, offices, and in shops
for the sale of personal services are included in the meaning of business or commerce.
Carport means an open -sided, roofed, automobile shelter, usually formed by extension of the roof
from the side of a building.
Cellar means an enclosed area that does not extend more than four (4) feet above the existing or
finished grade in any location. Cellars, as defined here, shall not be included in the floor area ratio
calculation for residential developments. That area of a cellar where the building height exceeds four (4)
feet above existing or finished grade shall not be included in this definition and shall be included in the
floor area ratio calculation. For purposes of this definition whichever grade (existing or proposed) results
in the lowest building profile of a building shall be used.
Central Business District (CBD) means the area in the downtown which is zoned C-2.
Church means buildings designed for, or used for, religious worship or religious services. The term
shall include synagogue.
Clinic means a place for group medical or dental services or practice not involving overnight housing
of patients.
Club, private means an association of persons for some common nonprofit purpose, but not
including groups organized .primarily to render a service carried on as a business for profit.
Commission and planning commission are interchangeable, and mean the planning commission of
the town.
Committee and development review committee are interchangeable and mean the development
review committee;
Conditional use permit means an authorization allowing a particular use at a specified location,
subject to conditions set forth in the authorization and in this chapter.
Condominium, residential means a residential development, a condominium project, a community
apartment project or a stock cooperative as defined in title 6 Common interest Developments, section
1351 of the Civil Code.
Page 2
Convalescent, nursing and rest home means a home for ill, injured, or aged persons in which two (2)
or more persons not of the immediate family are received, kept, or provided with food and shelter or care
for compensation, but not including hospitals, clinics or similar institutions.
Convenience market means an activity that includes the retail sale of food, beverages, and small
personal convenience items, primarily for off -premises consumption and typically found in establishments
with long or late hours of operation and in a relatively small building; but excluding delicatessens and
other specialty food shops and also excluding establishments which have a sizeable assortment of fresh
fruits and vegetables and fresh -cut meat.
Court means:
(1) An open area, other than a yard, that is on the same lot with, and bounded on three (3) or more
sides by, a building. The width of any court is its least horizontal dimension measured between
opposite walls. The depth of any court is its greatest horizontal dimension measured at right
angles to its width.
(2) A court that opens for its required width on one of the following yards located on the same
zoning lot: front or rear yard at least twenty (20) feet in depth; side yard on the street side of a
corner lot; or a side yard at least twenty (20) feet in width. Any court other than an outer court is
an inner court.
Demolition (historic structures) means;
(1) Removal of more than twenty-five (25) percent of the ws)•facing a public street(s) (or a street
facing elevation if the parcel is a corridor lot or is lanfidked) or fifty (50) percent of all exterior
walls; or
(2) Enclosure or alteration (le: new window and or windowie.ocation) of more than twenty-five (25)
percent of the walls facing a public street (or a street faoi`. elevation if the parcel is a corridor
lot or is landlocked) or fifty (50) percent of the exterior walls so that they no longer function as
exterior walls; or
All remaining exterior walls must be contiguous and must retain the existing exterior wall covering. No
new exterior wall covenng shall be Permitted over the existing exterior wall covering. The following are
exempt from this definitlort-- . .
a. Replacement. The exterior wall covering may be removed if the covering isnot original to
the structure. •
b. Repair. The removal and: replacement of in kind non -repairable exterior wall covering
resulting in no change to its exterior appearance or historic character if approved by the
deciding body.
c. Removal. The removal of an addition(s) that is not part of the original structure and which
has no historic significance, as determined by the Historic Preservation Commiftee.
Demolition shall be determined by subsections (1) and (2) above for the original structure,
where walls enclosed by additions shall be considered as exterior walls.
Demolition (nonhistorlc structures) means removal of more than fifty (50) percent of the exterior
walls. The remaining exterior walls must be contiguous and must maintain either the existing interior or
existing exterior wall covering.
Destroy means and includes demolish or raze, fully or partially, any building or structure by any
means including, but not limited to fire, explosion, act of God, act of the public enemy, voluntary act of the
owner or wrongful act of another.
Destructive device means any explosive, incendiary, bomb, grenade or any similar device as more
particularly defined in Title 18, United States Code, and the California Penal Code.
Downtown means the area encompassed by the downtown specific plan, as amended from time to
time.
Page 3
Dwelling, single-family means a detached building containing but one (1) kitchen and designed and
used to house not more than one (1) family, including domestic employees of such family.
Dwelling, two-family means a detached building designed for, or occupied exclusively by, two (2)
families living independently of each other.
Dwelling, multiple -family means a building or portion thereof used or designed as a residence for
three (3) or more families living independently of each other, including apartment houses, apartment
hotels and flats, but not including auto courts_
Dwelling, group means on one (1) lot, groups of more than one (1) of such main buildings as are
permitted by the regulations of the zone.
Dwelling, unit means a building or portion thereof intended for occupancy or occupied by one (1)
family exclusively, and containing but one (1) kitchen.
Electric vehicle (EV) means any vehicle that is licensed and registered for operation on public and
private highways, roads, and streets exclusively powered by electricity from art off -board source that is
stored in the vehicle's batteries, includes no internal combustion and only limited fluids or oils, and
produces zero tailpipe emissions or pollution when stationary or operating. EV includes a battery electric
vehicle (BEV) but does not include a plug-in hybrid electric vehicle (PHEV).
Emergency shelter means a housing facility as defined by Health and Safety Code Section 50801
with minimal support services for homeless persons that is limited to temporary occupancy of six (6)
months or less by a homeless person.
Erect means and includes build, construct, install, assemble, improve, alter, reconstruct, restore, or
renovate, any building structure, improvement, facility, or any part or portion thereof or foundation thereof,
or appurtenances thereto, whether or not such building, structure improvement or facility is completed, or
to work upon, or in any way assist in such erection.
Family means one (1) or more persons who comprise a single household and who live together as a
single housekeeping unit This definition also includes households of six (6) or fewer persons living in a
residential care facilities small family home as defined by the California Community Care Facilities Act.
Family day care home means a dwelling where day care is provided for children under eighteen (18)
years of age who are unrelated to the licensee. A small family day care home is for six (6) or fewer
children and a large family day care home is for seven (7) to twelve (12) children. Both limitations include
the number of children residing in the dwelling unit
Firearm means any device which is designed to be used as a weapon or may be converted or
modified to be used as a weapon which expels a projectile through a barrel by the force of an explosion
or other form of combustion. A "firearm" includes any device defined in Title 18, United States Code, and
relevant sections of the California Penal Code.
Firearm ammunition (or ammunition) means any cartridge cases, primers, bullets, or propellant
powder designed for use in any firearm, and any component thereof.
Floor area, gross means the entire area of all floors, including basements and cellars, measured
from the outer face of exterior walls or in the case of party walls from the centerline. Gross floor area
includes any part of exterior balconies or walkways above the ground floor required for ingress and
egress. Ornamental balconies and outside unroofed corridors not required for ingress or egress are
excluded. The area of elevator shafts is excluded except on the ground floor.
Floor area ratio (FAR) means the gross floor area of a building or buildings on a zoning plot divided
by the area of such zoning plot.
Floor, (finished) means the lowest point of elevation of the top of the sub -floor or finished foundation
slab as measured from finished grade, a known fixed reference height benchmark, or as a height
referenced from sea level.
Page 4
Formula retail business means a retail business which, along with seven (7) or more other business
locations, is required by contractual or other arrangement to maintain any of the following; standardized
merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.
Garage means an accessory structure or any part thereof designed or used for parking or storing
one (1) or more vehicles.
Garage, repair means a structure, or any part thereof, used for the commercial repair or painting of
vehicles.
Garage, storage means a structure, or any part thereof, used commercially for the storage, parking
or servicing of vehicles, but not the repair thereof.
Grade, (finished) means the lowest point of ground elevation . f the finished surface of the ground
after any construction or grading activities (including, but not limited to cut and fill of existing slopes) as
measured from a known fixed reference height benchmark or as a height referenced from sea level.
•
Grade, (ground level) means the average of the finished +;lurid level at the center of all walls of a
building. When walls are parallel to and within five (5) feet of a Sidewalk, the ground level shall be
measured at the sidewalk.
Grade, (natural) means the lowest point of ground elevation of undisturbed soil as measured from a
known fixed reference height benchmark or as a height referenced from sea level
Group home shall have the same meaning as a residential care facility, small fly home.
Hazardous waste management facility means an operation that entails the systematic control of the
storage, transportation, processing, tre,atmeriti, collection, source separation, recovery and disposal of
hazardous wastes. Hazardous wastes are those wastes which because of quantity, concentration, or
physical, chemical, or infectious characteristics may pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported, or disposed of, or otherwise
managed,
Height means the height of all structures, excluding fences, shall be determined by the plumb vertical
distance from the natural or finished grade, wlich ver is lower .and creates a lower profile, to the
uppermost point of the roof edge, wall, parapet, Mansard, or other point directly above that grade. For
portions of a structure located directly above a cellar, the height measurement for that portion of the
structure shall be ;measured as the plumb vertical distance from the existing nature! grade to the
uppermost point of the structure directly over that point in the existing natural grade. No point of the roof
or other structural element within the exterior penmeter of the structure shall extend beyond the plane
established by the maximum height plane except as allowed by section 29.10.090.
Fence height means measured from finished grade and shall be measured from either side of the
property line which affords affected property owners the most buffering from noise, Tight, glare, or privacy
impacts.
Historic structure means:
Any structure that is Toted within an historic district; or
Any structure that iststorically designated; or
Any primary structure constructed prior to 1941, unless the deciding body has determined that
the structure has no historic significance and should not be included in the Town Historic
Resources Inventory.
Home occupation means the use of a dwelling unit fora nonresidential purpose, but in a limited
manner both subordinate to the residential use and not discernible from the exterior of the dwelling unit so
used.
Hospital means an institution designed and operated to provide a full range of diagnostic, surgical
and therapeutic treatment to the sick or injured, as well as short-term recuperative residency for patients.
"Hospital" does not include convalescent, nursing or rest homes as defined herein.
(1)
(2)
(3)
Page 5
Hotel/motel means a building where lodging, with or without meals, is provided for compensation and
where occupancy is generally limited to no more than thirty (30) days.
Junkyard means any open space where waste or scrap materials are bought, sold, exchanged,
stored, baled, packed, disassembled, or handled, including, but not limited to, scrap metals, paper, rags,
rubber tires, old building materials, old plumbing fixtures, and bottles. Junkyard includes automobile
wrecking yard, any open area where automobiles are disassembled, but does not include lawful activities
in buildings.
Land, abutting means parcels of land having a common property line.
Livestock farming, small means the raising or keeping of more than four (4) chickens, hens, pigeons
or a similar fowl or four (4) rabbits or similar animals, or any ducks, geese, guinea fowl, peafowl, goats,
sheep or similar livestock, or the raising or keeping for commercial purposes of any cats or dogs, but shall
not include hog farming or dairying.
Loading area, off-street means a space or berth on the same lot with a building, or contiguous to a
group of buildings, for the temporary parking of commercial vehicles while loading or unloading
merchandise or materials, and which abuts upon a street or alley or other appropriate means of access.
Lot means a parcel of land which under the terms of the Subdivision Map Act and local ordinances
exists separately from all other land. A parcel of land which is merged with one (1) or more other parcels
under the provisions of the Subdivision Map Act or section 29.10.070 does not exist separately from other
land. Merged parcels are a single lot.
Lof area means the total horizontal area included within lot lines, except as otherwise provided in the
chapter, and excluding land required for public dedication and any land determined to be riparian habitat.
Lot, corner means a lot situated at the intersection of two (2) or more streets, or bounded on two (2)
or more abutting sides by street lines.
Lot, corridor means a lot with access to a street by means of a strip of land having less frontage or
width than that required for the parcel by this chapter.
Lot depth means the horizontal distance between the front and rear property lines of a lot measured
from a point midway between the side property lines
Lot, frontage means the property line of a lot abutting on a street, which affords access to a lot other
than the side line of a corner lot, On a corner lot either property line on a street may be determined to be
the frontage
Lot, interior means a lot other than a corner lot.
Lot width means the horizontal distance between the side lot lines measured at right angles to the lot
depth at a point midway between the front and rear property lines.
Mobile home means:
(1) A structure designed for human habitation and for being moved on a street or highway under
permit pursuant to Vehicle Code section 35970 (as it may be amended).
(2) A mobile home, as defined in Health and Safety Code section 18008 (as it may be amended),
(3) A manufactured home, as defined in Health and Safety Code section 18007 (as it may be
amended).
"Mobile home" does not include a recreational vehicle, as defined in Civil Code section 799.24 and Health
and Safety Code section 18010, a commercial coach, or factory -built housing, as defined in Health and
Safety Code section 19971 (as they may be amended).
Mobile home park means an area of land where two (2) or more mobile home sites are rented, or
available for rent, to accommodate mobile homes used for human habitation, including areas of land
zoned or otherwise approved for use as a mobile home park pursuant to this chapter or as defined in
Health and Safety Code section 18214 (as it may be amended).
Page 6
Nonconforming building means a building which was lawfully erected but under the terms of this
chapter is too close to a property line, too close to a street, too high, covers too much of a lot or is of a
wrong type.
Nonconforming lot means a lot which was lawfully created but under the terms of this chapter or
chapter 24 is too small, too narrow, too shallow, or lacks sufficient street frontage.
Nonconforming use is an activity or occupancy which was lawfully commenced but under the terms
of this chapter is not permitted or is more intensive than is permitted. Examples of uses which are too
intensive are those for which parking spaces required by this chapter are not provided or any use which
is, under the terms of this chapter, one (1) of an excessive number of units of use on the same zoning
plot. This is not an exclusive listing.
Number of employees means the largest number of persons working in direct connection with the
business during any shift.
Nursery school/Day care center means a school for pre -elementary school age children which
provides controlled activities and instruction.
Occupancy means the purpose for which a buildingis used, or is intended to be used. The term shall
also include the building or room housing such use. Change of occupancy is not intended to include
change of tenants or proprietors. . =
Open space means an area of land open and unobstructed from the ground to the sky. Private open
space, such as may be required for residential condominiums- or similar development, may have
balconies and roof eaves extending over a portion of the requiredreqpired Oivate open space.
Ordinance means this chapter.
Outdoor entertainment means entertainment provided by a hotel, motel, restaurant, bar or similar
establishment conducted outside the confined of a building including €ourtyards, pool areas and the like.
Outdoor storage means storage of merchandise or materials outside the confines of an approved
building.
Patio cover means the roof structure covering an outdoor area either attached or unattached to a
main or accessory building and open on at least two (2) sides.
Personal service business means uses that predominately sell personal convenience services
directly to .the public including but not limited to, barbers, beauty salons and related services,
cosmetologists, electrolysis; facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or
replacement, manicurists, nail ,salons, pedicurists, permanent make-up, skin and body care, piercing,
spas, tanning.salons, tattooing, cleaners, dog grooming, tailors and other services of a similar nature.
Personal service business does not include travel agencies, insurance offices, law offices, architect
offices, or any other type of office use.
Primary dwelling unit means a single-family dwelling unit located on a lot with no other dwellings on
the lot except for secondary dwelling units.
Recreational open spy means any area of land set aside for recreational purposes, both active
and passive, and intended, but not limited to, a park -like atmosphere.
Recycling collection facility means:
(1) A small collection facility is smaller than five hundred (500) square feet and intended for the
collection of recyclable materials and can include kiosks, igloos, bins, trailers or bulk reverse
vending machines. These facilities are generally temporary.
(2) A large collection facility is larger than five hundred (500) square feet and accepts recyclable
materials in large quantities for storage and eventual shipment. This facility is generally a
permanent structure.
Residential care facility means an establishment where authorized, certified, or licensed for care,
pursuant to the provisions of the California Community Care Facilities Act, where twenty -four -hour -day
Page 7
nonmedical care is provided to persons, unrelated to the licensee and residing there, who need personal
services, protection, supervision, assistance, guidance, and training essential for sustaining their activities
of life or for their protection, when the establishment is a facility authorized, certified, or licensed for such
care pursuant to the provisions of the California Community Care Facilities Act or other applicable State
law and when no medical care is provided other than such incidental care that is permitted without
additional authorization, certification or licensing pursuant to State law_
(1) A small family home is a residential care facility in the dwelling of a licensee in which care or
supervision is provided for six (6) or fewer persons. Whether or not unrelated persons are living
together, a residential facility that serves six (6) or fewer persons shall be considered a
residential use of property for the purposes of this article. In addition, the residents and
operators of such a facility shall be considered a family for the purposes of any law or zoning
ordinance which relates to the residential use of property.
(2) A large family home is a residential care facility in the dwelling of a licensee in which care or
supervision is provided for seven (7) to twelve (12) -children or seven (7) to fifteen (15) adults.
Residential care facility for the elderly means a voluntary group housing arrangement by residents
over sixty (60) years of age as defined or required pursuant to Health and Safety Code section 1569 et
seq.
Restaurant means a retail food service establishment in which food or beverage is prepared, served
and sold to customers for on -site or take-out consumption.
Restaurant, drive-in means a restaurant where food or beverages are sold to be eaten in vehicles
whether on or off the premises or are delivered directly to the occupants of vehicles.
Restaurant, fast food means a restaurant with a large carry -out clientele, long hours of service, some
open for breakfast but all open for lunch and dinner, and high turnover rates for eat -in customers.
Restaurant, high turnover (sit-down) means a restaurant with turnover rates generally of less than
one (1) hour, is usually moderately prices and frequently belong to a restaurant chain, generally service
breakfast, lunch and dinner, and are sometimes open twenty-four (24) hours a day.
Restaurant (minor) means any restaurant that satisfies the following criteria:
(1) Provides less than 25 seats,
(2) Serves no alcoholic beverages;
(3) Proposes no significant exterior changes that would alter the architectural character of the
building; and
(4) Provides a net increase of less than five peak hour traffic trips.
Restaurant, quality means a restaurant of high quality and with turnover rates usually of at least one
(1) hour or longer, generally do not serve breakfast, may not serve lunch, but always serve dinner.
Retail sales of firearms, ammunition and/or destructive devices means any business engaged in the
selling, leasing, or otherwise transferring any firearm, firearm component, ammunition and/or destructive
device as defined in this chapter by means of traditional retail sales, individual or bulk transactions,
internet transactions, or in any other manner indicative of trade.
Retail use means providing on site sales directly to the consumer for consumer or household use,
including but not limited to the following: small markets/businesses which sell meat, vegetables, dairy
products, baked goods, candy and/or other food products, household cleaning and maintenance
products, cards, stationary, nations, books, cosmetics, specialty items, hobby materials, toys, household
pets and supplies, apparel, jewelry, fabrics, cameras, household electronic equipment, CD music and
movies, sporting equipment, kitchen utensils, home furnishings, home appliances, art supplies and
framing, art work, antiques, paint, wallpaper, carpet, floor covering, office supplies, musical instruments,
hardware, homeware, computers and related equipment/supplies, bicycles, automotive parts and
accessories (excluding service and installation), and flowers, plants and garden supplies (excluding
nurseries). Retail sales that are incidental to the primary use will not satisfy this definition.
Page 8
Sales, service, and/or repair of electric vehicles means any business engaged in the selling, service,
and/or repair of electric vehicles as defined by means of traditional retail sales, the service and/or repair
of electric vehicles with the use of computers and with limited use of fluids, and the charging of electric
vehicles. Body repair is not permitted; tire changing is permitted.
Schools means all schools or institutions, whether public or private, and whether or not organized for
profit, which give a course of study as defined or determined by divisions of the Education Code of the
State.
(4) A detached
awel41-Fig-uR447
(Ord. No. 1316, §§ 2.00.010-2.00.500, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1331, 9-5-76;
Ord. No. 1337, 11-1-76; Ord. No. 1344, 1-17-77; Ord, No, 1349, 3-21-77; Ord. No. 1363, 8-1-
77; Ord. No. 1375, 11-21-77; Ord. No. 1432, 6-4-79; Ord. No. 1459, 2-19-80; Ord. No. 1531, 4-
20-82; Ord, No. 1546, 8-16-82; Ord. No. 1582, 6-20-83; Ord. No. 1606, 2-6-84; Ord. No. 1608,
2-21-84; Ord. No. 1617, 5-21-84; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No.
1685, 6-2-86; Ord. No. 1694, 12-1-86; Ord. No. 1716. 4-20-87; Ord. No. 1717, 5-4-87; Ord. No.
1737, §§ I, II, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1758, §§ II, III, 8-1-88; Ord. No. 1763,
§ I, 10-3-88; Ord. No. 1789, §§ I III, 5-15-89; Ord. No. 1846, § I, 5-6-91; Ord. No. 1946, § I,
6-7-93; Ord. No. 1963, § I, 11-15-93; Ord. No. 1977, § I, 5-2-94; Ord. No. 2006, § I, 11-6-95;
Ord. No. 2021, § II, 9-16-96; Ord. No. 2023, § II, 11-18-96; Ord. No. 2049, § I, 10-5-98; Ord.
No. 2062, §§ I, II, 6-21-99; Ord. No. 2083, § I, 5-7-01; Ord. No. 2107, § I, 11-4-02; Ord. No.
2121, § 1, 11-3-03; Ord. No. 2132, § 1, 5-17-04; Ord. No. 2144, § I, 9-6-05; Ord. No. 2149, § I,
5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No.
2233, § I(Exh. A), 8-5-14)
Page 9
This Page
Intentionally
Left Blank
intent. This division regulates the number and standards for off-street parking spaces required by
this chapter, and the development of off-street parking spaces in order to reduce street and traffic
congestion and to provide safely and attractively designed parking facilities which are compatible
with the surrounding land uses.
(b) Use of land and buildings. No use of land shall be commenced, no building or structure shall
hereafter be erected, constructed or moved within or onto any lot or parcel of land for any use or
purpose, and no existing land or building use other than a lawful nonconforming use as to the
requirements of this division shall continue unless off-street parking spaces are provided and
maintained in accordance with the requirements of this division, No building or moving permit shall
be issued unless the requirements of this division are shown on the plans and application submitted
for such permit, and no final inspection or authorization for utility service shall be given until the
requirements of this division for the use requested have been met.
Authorization of buildings or uses. No building or use which is, a lawful nonconforming use as to the
requirements of this division shall be expanded through an increase in the number of living units or
gross floor area, or modified or changed through an increase in seating capacity, number of persons
employed or otherwise, unless the ntlm er of additional off-street parking spaces necessitated by
such remodeling, expansion, modificatien: or change under the provisions of this division are
provided.
(d) Fractions. If the number of required offr'eet parking spaces contains a fraction, such number shall
be changed to the nearest higher whole number.
(e) Mixed uses. When mixed uses are located oft the same lot or parcel, or within the same building, the
sum total of the required parking for the individual use shall apply..
(f) Spaces for one use only. An off-street parking space for one (1) use shall not be considered to
provide a required off-street parking spaoe for any other use, except in the case of an alternating use
approved by the deciding body as hereinafter provided.
(g) Cfirnatercial operation of parking spaces.
(1) i1411 privately owned off-street parking spaces required to be provided by this division, or required
by the administrative approval authorized by this chapter, shall be operated without charge to
the users thereof. No privately owned parking lot which contains such spaces shall be operated
commercially or under a validation system whereby parkers patronizing business for which the
spaces are provided are admitted to the lot free of charge or at reduced charges and other
parkers are charged a fee, .and the admission of vehicles to such lots shall not be restricted by
gates or other ptirsioal means during periods when the use or uses for which the spaces are
required are in op on. The provisions of this section shall not be deemed to prohibit the
posting of signs at entrances to such parking lots identifying the businesses or uses for whose
benefits the lots are operated, prohibiting other parking under threat, and enforcing such
prohibitions.
(2) Notwithstanding subsection (1) above, a parking lot located within a town parking assessment
district may be operated with a charge for its use under the following circumstances if the town
has instituted and continues to maintain a charge for use of town owned or operated parking
lots in the district:
a. A charge is made for use of the private parking lot that does not exceed the highest hourly
rate charged by the town for use of its lots. Such a charge may include a validation system
whereby parkers are admitted to the lot free of charge or at reduced charges if certain
November 8, 2017 DRAFT
DIVISION 4. - PARKING
Sec. 29.10,145. - Requirements generally.
(a)
(c)
EXRW1T 1 S
Page 1
businesses are patronized and may also include restriction by gates or other physical
means; or
b. Use of valet parking, so long as the parking lot is usable at all times during which the
parking spaces are in operation as required by this chapter, and the use of the valet
parking has been approved by the Development Review Committee pursuant to a parking
lot permit; or
c. A combination of a charge and valet system.
Notwithstanding subsection (1) above, a private parking lot, or sections of a private parking lot
located within a Town parking assessment district may be operated as a valet parking lot under
the following circumstances:
a. The valet parking may be provided with or without charge to the public; and
b. The valet parking lot service adheres to and maintains all fire codes and emergency
access standards; and
c. The valet parking lot service shall not impair the safe and efficient use of existing adjacent
non -valet parking; and
d. The private valet parking lot is approved by the Development Review Committee pursuant
to a parking lot permit. The Development Review Committee shall have the discretion to
deny the parking lot permit application if any criteria set forth above and/or any other rules
and regulations adopted by the Town Council cannot be met and shall have the ability to
revoke the parking lot permit for valet parking with a minimum of ten (10) days notice.
(h) Permit required for parking lot improvements No person shall erect, construct, relocate, enlarge,
alter, repair, move, improve, remove, or convert any parking lot without a permit except:
(1) When repainting the existing lines in the same configuration without any resurface or top coat;
(2) When included as part of a zoning approval; or
(3) Normal maintenance which does not involve extensive structural repairs when necessary to
provide for health or safety.
Prohibition of assigned parking spaces. No private parking lots shall have parking spaces assigned
to a specific business unless there is excess parking available for the site. The number of spaces
assigned to a business shall be limited to the number of excess parking spaces available over the
number required by Town Code.
(i)
(3)
(Ord. No. 1316, §§ 3.40.010-3.40.120, 6-7-76; Ord. No. 1446, 11-19-79; Ord. No. 1640, 3-4-
85; Ord. No. 2016, § I, 5-20-96; Ord. No. 2034, § II, 10-7-97; Ord. No. 2061, § I, 4-19-99; Ord.
No. 2149, § I, 5-1-06; Ord. No. 2246, § 1, 11- )
Sec. 29.10.150. - Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to insure the provision of a sufficient
number of off-street parking spaces privately and publicly owned and operated to satisfy needs
generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking
space for each residential unit other than detached single-family or two-family dwelling shall be
required unless the Planning Commission makes a finding that more or less visitor parking is
necessary due to the size or type of housing unit(s). The parking requirement for various uses in the
downtown are as follows:
(1) Retail and commercial stores and shops. One (1) parking space for each three hundred (300)
square feet of gross floor area.
Page 2
(2) Business and professional offices, banks, ffnancia! institutions, insurance companies, social
service agencies and studios. One (1) parking space for each two hundred fifty (250) square
feet of gross floor arca.
(3) Restaurant (no separate bar). One (1) parking space for each four (4) seats.
(4) Restaurant (separate bar). One (1) parking space for each three (3) seats.
(5) Bars, taverns and nightclubs. One (1) parking space for each three (3) seats.
(6) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area.
(7) For uses not specifically listed in this subsection the requirements shall be as set forth in
subsection (c).
(c) Outside downtown parking requirements. The number of off-street parking spaces required for areas
outside the downtown is set in this subsection. When a use is not listed in this subsection, the
Planning Director shall determine the parking requirements by analogy to the requirements for the
listed uses. In addition to other parking requirements, one visitor parking space for each residential
unit other than a detached single-family or two-family dwelling shall be required, unless the Planning
Commission makes a finding that more or less visitor parking is necessary due to the size or type of
housing unit(s).
(1) Single-family, residential condominiums and two-family dwellings. Two (2) parking spaces for
each living unit.
(2) ces :ry dwelling units. une s. arking space :t or bedro~:, i�iF4 less
shall be provided in addition to the required minimum number of parking spaces for the primary
dwelling unit. -es -fellows; These spaces may be provide.. ;As tandem parking .aid/or in a front
setback on a driveway, provided that it is feasible based on specific site or fire and life safety
conditions.
When a garage carport. or covered parking structure is demolished in coniunction with the
construction of an accessory dwelling unit. any lost off-street parking spaces required for the
primary residence may be located in any _configuration on the same lot as the accessory
dwelling unit, including as tandem spaces. or by the use of mechanical automobile parking lifts.
a. Exceptions. No parking spaces shall be required if the accessory dwelling unit meets any
of the following criteria:
(1) The accessory_dwelling unit is located within one-half mile of a public transit stop.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is within the existing space of a primary residence or an
existing 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 (as defined by the California Vehicle Code) located
within one block of the accessory dwelling unit.
(6) When the Director finds that the lot does not have adequate area to provide parking.
Page 3
(Ord. No. 1316, §§ 3.41.010-3.41.075, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77;
Ord. No. 1363, 8-1-77; Ord, No. 1375, 11-21-77; Ord. No. 1493, 3-17-81; Ord. No. 1546, 8-16-
82; Ord. No. 1652, 4-15-85; Ord. No. 1654, 4-22-85; Ord. No. 1657, 6-3-85; Ord. No. 1724, 5-
18-87; Ord. No. 1789, § VI, 5-15-89; Ord. No. 1854, § I, 6-3-91; Ord. No. 1945, § I, 6-7-93;
Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06)
Page 4
November 8, 2017 DRAFT
DIVISION 7. - ACCESSORY DWELLING UNITS
Footnotes:
--- (4) --- Editor's note— Ord. No. 2115, § I, adopted Sept. 15, 2003, repealed §§ 29.10.305 through
29.10.320 in their entirety and enacted new §§ 29.10.305 through 29.10.330. Former §§ 29.10.305
through 29.10.320 pertained to similar subject matter. For a complete history of former §§ 29.10.305
through 29.10.320 see the Code Comparative Table.
Sec. 29.10.305. - Intent and authority.
This division is adopted to comply with amendments to State Law §65852.2 which mandates that
applications for y dwelling units be considered ministerially without a public hearing and,lt
provides for the Town to set standards for the development of dwelling units to increase the
supply of affordable housing in a manner that is compatible with existing neighborhoods.
(Ord. No. 2115, § I, 9-15-03)
Sec. 29.10.310. - Definitions.
Existing unlawful accessory units. An existing unlawful accessory dwelling unit is defined as
an accessory dwelling that existed in the Town or the County on June 1, 1983, and has existed and been
used continuously from that date to the date on which application to Town is made for an acces:G;;y
dwelling unit permit. Existing unlawful cress,` dwelling units are eligible for an accessory dwelling unit
permit regardless of the zone In which the property is located.
Efficiency unit. As defined by the Uniform Building Code.
Manufactured home. As defined by the Uniform Building Code.
Nonconforming accessory dwelling units. A nonconforming dwelling unit is defined as a
access°: dwelling unit that exists under the following circumstances:
(1) A unit is created or. converted lawfully but. due to a zone change or an amendment to the zoning
ordinance the unit has become nonconfomiing.
(2) The unit was lawfully created while in the County and upon annexation the unit becomes
nonconforming.
New accessory dwelling unit A lew accessor dwelling unit is defined as an attached (with an
interior or exterior entrance) or a detached residential dwelling unit, created after June 1, 119.
31. 198; It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel ?'here ac:c the cie dwelling is 4tulorated. A 7 accessory dwelling unit
also includes efficiency units and manufactured homes.
(Ord. No. 2115, § 1, 9-15-03)
Scc. 29.10.31S. Exiting unlowful units.
EXHIBIT 1 4
Page 1
be tfeated as a new dwelling unit. If the unit does not qua,ly as a new dwel;'ng unit pursuant to
unvt doec not qualify ac a new dwelling pursuant to soctior' 29 10.310, the Emit stall bo doormasf to
(e) Housing odo. Any unit rocoiving a unit oorfla t pursuant-i$
rgor:tc chat►
' --bateway-ee-rjr-aRted---toc-geee-eaese-shOWIR.
t
a -ha ncis#i fa-exi&tr
ctandards required by tho zone in which tho ezooe# t ieoated nor tho doieIopmont standards.
(g)Per-kingting dweuin.n unite thou o,
-i' .
4h) Remodolrng, reconstruct -too,- demolition. - version,. or rarnoyal Ruazedeling, roron&trurtion,
4 ;ewe»-
{ }- Community Dovelopmenl 4;ticeetora9preval
an existing dwelling unit in the case of '
designed so as to architecturally harmo:'ize with tho surrounding ctritcturos cry long as :ho
construction does not increase the neiyht or sizo of tree unit. The factors to be cons dored when
a. Bu ding height
c. Colors.
o. Floor area.
(Ord. No. 2115, § 1, 9 15 03)
Sec. 29.10.320. New accessory dwelling units.
(a) Incentive program. Any :;accessory dwelling unit developed under an incentive program established
by resolution of the Town Council shall be made affordable to eligible applicants pursuant to the
requirements of the incentive program.
Page 2
(b) Design and development standards.
(4)
(5)
Number. Only one (1) my-accesonr { dwelling unit may be permitted on a lot. No
accessor dwelling unit is allowed upon a lot with an existing accessory dwelling unit.
Permitted zones_ Accessory dwelling units are allowed on lots in the R-1, R-M and
R-1 D zones 5,000 square feet or greater. Accessory dwelling units are allowed on Tots in th
r-ir Longs, sublect to conformance with the Hillside Development Standards and Guidelines.
Setbacks. Attached accessory dwelling units shall comply with the setbacks of the zone for
primary dwelling unit.
Detached accessory dwelling units shall comply with the following minimum setbacks:
a. Front and side setbacks abutting a street of the zone for a primary dwelling unit.
b. Rear and side setbacks of five (5) feet in the R-1, R-M and R-1D zones, and the
setbacks of the zone for a primary dwelling unit in the HR zones.
c. Setbacks from any other structure located on the same lot of five (5) feet.
An accessory dwellinq unit with existing side and rear setbacks sufficient for fire safety shall be
permitted if the accessory dwelling unit is contained within the existing space of a primary
dwelling unit or accessory structure.
Height. Detached Accessory dwelling units shall not exceed one (1) story in height, and shall
not exceed fifteen (15) feet In height. unless the accessory dwelling unit is contained within the
existing space r ` primary dwelling unit or accessory structure.
Maximum unit size and maximum number of bedrooms
Attselliftl
Lot size
5,000 sq. ft..or greater
10.000 sq. ft. or greater
I
r—
i Dot; cliKA 5.000 sa. ft. or greater
10,000 sa. ft. or greater
Maximum unit size
750 sq. ft., or
Efficiency Unit
900 sq. ft., or
Efficiency Unit
900 sq. ft., or
Efficiency Unit
1,200 sa. ft.. or
Efficiency Unit
1
2
(6) Floor area. All accessory dwelling units (attached or detached) must comply with the floor area
ratio standards for the zon , Detached accessory dwelling units shall not
occupy more than frfteen (15) percent of the lot, to be calculated exclusive of the required
building setbacks.
1 Accessory dwelling units greater than 450 square feet In size in the R-1 . R-M and R-1 D zones, and
greater than 600 square feet in the HR zones shall not require discretionary Planning approval.
Page 3
(7) Lot coverage. Acoessor dwelling units must comply with lot coverage maximums for the zone
except with regard to the addition of a single efficiency unit.
(8) Parking. In addition to parking otherwise required for units as set forth in section 29.10.150 of
the Town Code, the number of off-street parking spaces required by this chapter for the primary
dwelling unit shall be provided prior to the issuance of a building permit or final inspection, for
athe new accessory. dwelling unit. When a garage, carport, or covered parking,structure is
demolished in conjunction with the construction of an accessory dwellinc;: r'Lit, any lost off-street
parking spaces required for the primary dwelling unit may be located in nfiquration on the
same lot as the accessory dwelling unit, including as tandem spac.: r by the use of
mechanical automobile parking lifts.
a, • f the a ecnnd unit.
b— Additional parking is consistent with existing ,:eighborhood
dwel
a. Exceptions. No parking spaces shalt be required if the accessory dwelling unit meets anv
of the following criteria:
(1 ) The accessory dwelling unit is located within one-hatf mile of public transit
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district,
(3) The accessory dwelling unit is within the existing space of a primary dwelling unit or
an existing accessory structure.
(4) When on -street panting perrmts are required but not offered to the occupant of the
accessory dwelling unit.
(5) When there is a car share vehicle (as defined by the California Vehicle Code) located
within one Mock of the accessory dwelling unit
L8) When the Director finds that the lot does not have adequate area to provide parking.
(9) Design, form, materials, and color The design, form, materials and color of a new accessory
dwelling unit shall be compatible with the primary dwelling unit and the neighborhood.
Accessory dwelling units shall retain the single-family appearance of the property.
(10) Town codes and ordinances. All :.ccessory dwelling units shall comply with all the provisions of
this chapter and other applicable Town codes:
(11) Building codes. The accessory dwelling unit shall comply with applicable building, health and
fire codes. The accessory dwelling unit shall not be required to provide lire sprinklers if they are
not required for the primary dwelling unit.
(12) Denial. An application may be denied if it does not meet the design and development standards.
An application may also be denied if the following findings are made:
a. Acknowledgment of limiting the housing opportunities in the region.
b. Adverse impacts on health, safety. and/or welfare of the public.
(13'Conversron cif exislinp floor arc -Fa. An accessory dwelling unit shall be permitted if the accessory
dwelling unit is contained within the existing space of a primary dwelling unit or accessory
structure. The following provisions shall apply:
Page 4
a. The accessory dwelling unit shall be located within a permitted zone.
b. The accessory dwelling unit shall have separate entrance from the primary dwelling unit.
c. The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire
safety.
d. No parking spaces shall be required for the accessory dwelling unit.
(141 Low Income Units. An application that includes a recorded deed restriction specifying that the
accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income
renter (less than 80 percent AMI) if the unit is occupied by someone other than a member of
the household, shall not be subiect to Planning application review fees.
(Ord. No. 2115, § I, 9-15-03; Ord. No. 2149, § I, 5-1-06)
Sec. 29.10.325 - Nonconforming units.
(a) Permits. The owner of a nonconforming dwelling unit must obtain a Lceeob v dwelling
unit permit. Any application received after December 31, 1987, shall be subject town application fee
and may be subject to a civil penalty pursuant to section 29.20.960(4).
Where an application has been submitted for a nonconforming accessory dwelling unit permit and
Town records do not establish the nonconforming status of the accessory dwelling unit, the property
owner will have sixty (60) days from the date of notice the owner is informed of the Town's findings to
submit data to support their claim that the :accessory dwelling unit is nonconforming.
If at the end of sixty (60) days data has not been submitted by the property owner to establish the
accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the
unit shall be determined to be an existing unlawful dwelling unit pursuant to section 29.10.315
and subject to its regulations.
(b) Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit shall become
nonconforming and the owner must either apply for a accessory; dwelling unit permit within one (1)
year of the date of annexation, or the units shall be determined to be unlawful accessory dwelling
units pursuant to section 29.10.315,
(c) Number. A maximum of two (2) nonconforming accessory dwelling units are allowed on a single lot.
All other accessory dwelling units on the property must be abated.
(d) Housing code. Nonconforming accessory dwelling units shall comply with the Town's housing code
as follows:
(1) Any nonconforming caSS.dwelling unit receiving a-.aecesspry dwelling unit permit
pursuant to subsection (b) shall be required to comply with the Town housing code.
(2) Any nonconforming Iccessory dwelling unit receiving a7 accessory dwelling unit permit
pursuant to subsection (c) shall be required to comply with the Town housing code and all
improvements shall be completed within one (1) year from the date of application.
Where a timely application under subsection (b) or subsection (c) has been filed, and approved,
an extension from the compliance date of up to six (6) months may be granted by the
Community Development Department for good cause shown. Any extension request for longer
than six (6) months may be granted by the Planning Commission upon finding that a hardship
exists.
(3)
Page 5
(4) Remodeling and reconstruction: Remodeling and reconstruction of nonconforming ,accessory
dwelling units shall be as follows:
a. Where a timely application under subsection (a) or subsection (b) has been filed and
approved, a. . essury dwelling unit may be remodeled providing the building height.
floor area do not exceed that which is allowed for a new Accessory dwellinc; unit.
b. Community Development Director approval is required for the remodeling or reconstruction
of ao accessory dwelling unit in the case of destruction. The proposed construction shall be
designed so as to architecturally harmonize with the surrounding structures so long as the
construction does not increase the height or size of the unit. The factors to be considered
when reviewing the design of such proposed construction include:
1. Building height.
2. Building materials and compatibility,
3. Colors and material
4. Setback conformity.
5. Floor area ratio.
(Ord. No. 2115, § I, 9-15-03)
Sec. 29.10.330. - Elimination and/or demolition of existing accessory dwelling units.
In order to eliminate and/or demolish, without replacement, an approved acce =:r~r dwelling unit, the
des.i-d nf-bodyDesicn Review Committee shall make the finding that the proposed elimination and/or
demolition, (without replacement), is consistent with the Town's Housing Element of the General Plan. In
order to eliminate and/or demolish an existing accessory dwellina unit ,
the docidin€g- ee Desion Review Committee must make the demolition findings pursuant to section
29.10.09030.
(Ord. No. 2115, § I, 9-15-03; Ord. No. 2149, § 1, 5-1-06)
Sec. 29.10,335. - Expansion of existing or nonconforming accessory dwelling units.
For the purposes of this section only, expansion of an accessory dwelling unit is defined as
increasing the number of bedrooms or adding floor area in excess of thirty (30) square feet. Requests for
expansion of any nonconforming accessory dwelling unit shall be subject to the same requirements as a
new accessory dwelling unit. If the acceF, dwelling unit(s) is located on a nonconforming lot .. 4z
10,000 square feet, no expansion, as defined by this section, is permitted.
(Ord. No. 2149, § I, 5-1-06)
Secs. 29.10.340-29.10.400. - Reserved.
Page 6
November 8, 2017 DRAFT
ARTICLE N. - RESIDENTIAL ZONES
DIVISION 1. - GENERALLY
Sec. 29.40.010. - Residential zones established.
Residential zones of the Town are the RC, HR, R-1, RD, R-M, RMH and R-1 D zones.
(Ord, No. 1316, § 4.05.010, 6-7-76; Ord. No. 1344, 1-17-77; Ord, No. 1493, 3-17-81; Ord. No.
1571, 3-7-83; Ord. No. 2024, § III, 12-2-96)
Sec. 29.40.015. - Accessory buildings.
In residential zones (defined by section 29.40.010), accessory structures (excluding horse barns and
shelters), located on the same site with a permitted use, including private garages and carports, studios
for private use, garden structures, greenhouses, hobby shops, recreation rooms and free-standing patio
covers are allowed if such accessory structures:
A. (1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which do not
have sufficient headroom for occupancy are permitted for storage use only.
(2) Are not in a required front or side yard.
(3) Are at least five (5) feet from any other structure located on the same lot.
(4) Are at least five (5) feet frorn any property line, except in the R-M zone where no setback is
required by this subsection (4).
(5) Do not occupy more than fifteen (15) percent of the lot, to be calculated exclusive of the
required building setbacks. ccessory structures other than accessory dwelling units
in excess of four hundred fifty (450) square feet
Direnshall be subject to the Administrative Procedure for Minor Residential Projects.
Detached accessory dwelling units shall be subject to the provisions of Division 7 of this
chapter.
When located on a reversed corner lot, do not project beyond the front yard line required
an the lot in the rear of such lot.
(6)
(7)
Breezeways may be used to provide shelter between buildings.
Accessory structures may have plumbing installed providing the fixtures may be served by a
two-inch diameter building drain. Building drains in excess of two (2) inches may be approved
by the Planning Director upon good cause shown.
B. Exceptions.
(1)
In the R-1 zones, required side and rear yards for accessory structures other than
accessorveeee dwelling units, may be reduced to no less than three (3) feet from a property
line, if an application is approved through the Administrative Procedure for Minor Residential
Projects. A reduction in setbacks will not be allowed in the side yard abutting a street.
CGRVe structures-- '--r g- —44weIling-
ppehiPited
Criteria to be considered when reviewing accessory structures within reduced setbacks shall
include the number and size of structures already within a reduced setback area, visibility,
Ex Tr 15
Page 1
compatibility with other structures in the neighborhood, historic preservation considerations,
privacy and compatibility of historic nature of neighborhoods.
(2) One (1) accessory structure less than one hundred twenty (120) square feet, is allowed in the
required side or rear setbacks without any zoning approvals. Any accessory structure in excess
of one will be subject to the requirements set forth in this section.
In the R-1 zones, required side yard setbacks may be reduced to five (5) feet for detached
garages Tess than four hundred fifty (450) square feet without obtaining approval through the
Administrative Procedure for Minor Residential Projects (section 29.20.480). A -reduction -ire
(3)
(Ord, No. 1316, § 4,10.010, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1716, 4-20-87; Ord. No.
1726, 6-1-87; Ord, No. 1798, § III, 9-5-89; Ord. No. 1902, § I, 5-18-92; Ord. No. 2049, § I, 10-5-
98; Ord. No. 2062, § I, 6-21-99; Ord. No. 2149, § I, 5-1-06)
Page 2
Sally Zarnowitz
From: Leonie Pennington <leonie28@sbcglobal.net>
Sent: Wednesday, September 27, 2017 6:44 PM
To: Sally Zarnowitz
Cc: Terry Summa; George Cornwell; Ann Lawton; Juanita Cordero; Rupali Khabiya; Andree
Winter, Rich Cornelius
Subject: ADU's Mtg. tonight at 7PM
9/27/17
» Hi Ms. Szarnowitz,
» We are not able to attend the Planning Commission Mtg. Reg. ADU=92s.
» We support the new proposed parking requirements of 1 off street parking per unit instead of 2 spaces.
>
> We say YES to the lots of less than 10,000. sq. feet should be allowed in the R1, R-M & R-10 zones and the less than 5
acres lots.
> We say YES to the second story units to be built as ADU's
>
» We hope to see the rest of the work that is being done to make the
» ADU's a more viable means of adding to our housing mkt. without
» adding to our traffic too much.
> Thank you for your good work.
»
» Best Regards,
» Leonie Pennington & Terry Summa
• Ieonie28@sbcgiobal.net=
>
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