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Accessory Dwelling Units- Staff Report and Exhibits 9-16 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 TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 11/08/2017 ITEM NO: 2 DATE: NOVEMBER 3, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR 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 PAGE 2 OF 6 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 3, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17-Final.docx 11/3/2017 1:42 PM 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. PAGE 3 OF 6 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 3, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17-Final.docx 11/3/2017 1:42 PM 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 occupie d 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). PAGE 4 OF 6 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 3, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17-Final.docx 11/3/2017 1:42 PM 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 dem olition 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 PAGE 5 OF 6 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 3, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17-Final.docx 11/3/2017 1:42 PM 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. PAGE 6 OF 6 SUBJECT: CONSIDER AMENDMENTS TO TOWN CODE REGARDING ACCESSORY DWELLING UNITS/A-17-003 NOVEMBER 3, 2017 N:\DEV\PC REPORTS\2017\ADU Amendments 11-08-17-Final.docx 11/3/2017 1:42 PM 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 PLANNING COMMISSION -NovemberB, 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): Revi ew 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. EXHIBIT9 This Page Intentionally Left Blank 'Today's Law As Amended Page 1 of7 Home Bill Information California Law PubUcations Other Resources My Subscriptions My Favorites SB-229 Act:essory dwelllng units. (2011-2018) SECTION 1 . Section 65852.2 of the Government Code Is amended to read: 65812.2. {a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units In ~ tafflil1 a1=u:I ffil'lltifamily FesiEleAtiaf zeAes. 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 1,1nlts may be permitted. The designation of areas may be based on eFiteAa, criteria that may include, but are not llmlted tD, 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 fisted in the Callfomla Register of Historic Places. (II) Notwithstanding dause {I), a local agency may reduce or ellmlnate parking requirements for any accessory dwelling unit located within ltS jurisdiction. (C) Provide that accessory dwelllng 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 Aet iAteAEleEI f.eF sale may be rented separate from the primary Fes1EleAee aAEI residence, but may lie FeRtiell . not be sold or otherwise conveyed separate from the primary residence. (II) The lot Is zoned feF-to allow slngle-famlly or multifamily use and EeAtaiAs aR e><lstlR!I, includes a proposed or existing slngle-famlly dwelling. (iii) The accessory dwelling unit Is either attached to ~l'le e>eis~IA!I Elwelll11g or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelllng. (iv) The iAereaseEI fleer total area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent of the e>EistiAg IMAg aFea, witl'I a ma>Eiffil'lffi iAerease iA ~leer aFea ef proposed or 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 . (vi) No passageway shall be required In conjunction with the construction of an accessory dwelllng unit. (vii) No setback shall be required for an existing garage that Is converted to a 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. (viii) Local building code requlrements that apply to detached dwellings, as appropriate. (Ix) Approval by the local health officer where a pr1vate sewage disposal system is being used, If required. (x) (I) Parking requirements for accessory dwelllng units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on a11 e>dstiAg a driveway. (II) Offstreet parking shall be permitted in setback areas In locations determined by the local agency or through tandem parking, unless speclftc ftndlngs are made that parking In setback areas or tandem parking is not feasible .l.XHJBIT l 0 https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill _id=201720180SB229 1111/2017 Today's Law As Amended Page2 of7 based upon specific site or regional topographical or fire and life safety conditions, or that lt 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 constructi on 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 on the same lot as the accessory dwelling unit, Inc luding , 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 appllcatlon of any local ordinance, policy, or program to llmlt residentlal growth. (3) When a local agency receives Its first application on or after Ju ly 1, 2003, for a permit pursuant to this subdivision, the application shall be considered minlsterlally 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 fo r 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 dwelllng unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ord i nance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that Includes only mlnisterlal provisions for t he approval of accessory dwelling units and shall not lndude 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 dwelllng 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 eeAtaiAs aA includes a proposed or existing slngle- family dwelling. No additional standards, other than those provided in this subdivi sion, shall be utlllzed or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdiv ision 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 prov isions applicable to the creation of an accessory dwelllng unit if these provisions ar e 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 ls located, and shall be deemed to be a resldential use that Is consistent with the existi ng general plan and zoning designations for the lot. The accessory dwelllng 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 appllcatlon on or after Ju ly 1, 1983, for a permit t o create an accessory dwelling unit pu rsuant to this subdivisi on, the local agency shall accept the application and approve or disapprove the appllcatlon 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 dwelllng units. No minimum or maximum ,size for an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary dwelling, shall be established by ordinance for either attached or detached dwellings that does not pennlt at least an efficiency unit to be constructed In compl iance with loca l development standards. Accessory dwelling units shall not be required to provide fl re sprinklers if they are not required for the primary residence. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180SB229 1111/2017 Today 's Law As Amended Page 3 of7 (d) Notwithstanding any other law, a local agency, whether or not It has adopted an ordinance governing accessory dwelllng units in accordance with subdivision (a), shall not Impose parking standards for an accessory dwelling unit Jn any of the following Instances: (1) The accessory dwelllng unit Is located within on~half mile of publlc transit. (2) The accessory dwelling unit Is located within an architecturally and historlcally significant historic district. (3) The accessory dwelling unit is part of the proposed ot existing primary resi dence or an eJdstlR!I accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory ciw elllng 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 minfsterlally approve an application for a building permit to create within a siA§!le faffiil~· FesiEleAtial zeAe ;:~n 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, 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 dwelllng 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 Aew reslaeAtial t1ses by a local agency, special district, or water rorporation to be a new residential use for the purposes of calculating leeal ageAey connection fees or capacity charges for utilitl es, lndudlng water ·and sewer service . (A) For an accessory dwelllng unit described In subdivision (e), a local ~ agency, special district, or water corporation shall not require the appllcant to install a new or separate utility connection dlrectly between the accessory dwelling u nit and the utility or impose a related connectio n fee or capacity charge. {B) For an accessory dwelllng unit that is not described in subd ivision (e), a local a§efte'f-agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utlllty. 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 sha ll 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 un it . (h) Local age ncies 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 ci ty and cou nty, whether general law or ch artered. (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 dwelllng unit which provides complete Independent llvfng facilities for one or more persons. It shall Include permanent provisions for living, sleeping , eating, cooking, and sanitation on the same parcel as the slngle-family dwelUng Is situated . An accessory dwelling unit also includes the followlng : (A) An efficiency uni t , as denned In Section 17958.1 of the Health and Safety Cod e . (B) A manufactured home, as defined In Section 18007 of the Health and Safety Code . (S) "Passageway .. means a pathway that l$ unobstructed clCilr t o tt-.e sky and ext e nds from a street to one entrance of the a ccess ory dwelling unit. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill _id=201720180SB229 11/1/2017 Today's Law As Amended Page 4 of7 (6) nTandem 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 m 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 dwelllng units; SEC. 1.6. Section 65852.2 of the Government Code is amended to read: 6Afi2.2. (a) {l) A local agency may, by ordinance, provide for the creation of accessory dwelling units in ~ f.aR'lll'f aREI m1:1ltlfamU·1 FesleeAtial l!eAes. areas zoned to allow single-family or multifamily use. The ord inance 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 1nc1uae, out ar e not limit ed 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 limi ted to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property tt)at is listed i n the California Register of Historic Places. (II) Notwithstanding clause (I), a local agency may reduce or eliminate parking requirements for any accessory dwelllng 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 15 Aet IRteREled fer sale may be rented separate from the primary resieleAce and resid ence, buy may be reAted . not be sold or otherwise conveyed separa te from the primary residence. (ii) The lot Is zoned fef'--t o allow single-family or multifamily use and centaiAs an ellistin§, includes a p roposed or existing single-family dwelling. (Ill) The accessory dwelling unit Is either attached te tile eMistlR!il ewelliRg or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelli ng. (iv) The increasee fleer total area of floorspace of an attached accessory dwelling unit s hall not exceed 50 percent of the e)(istiR§ liviA§ area, with a A'la><iffil:lFA iAcrease iA fleer area ef proposed or 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. (vi) No passageway shall be required In conjunction with the construction of an accessory dwelling uni t. (vii) No setback shall be required for an existing garage that Is converted to a-an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the s ide 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 uni t or per eeeFeeffi . bedro om, whichever is less. These spaces may be provided as tandem parking on aA existing a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency o r th rough tandem parklng, unless specific findings are made that parking In setback areas or tandem parking Is not feasi ble based upon specific site or regional topographical or fire and life safety ee11ElitleAs, er tl:lat it Is Aet ~erA'lll!tea anywhere else in the jl:lrisdictieA . cond it io ns. (III) This clause shall not apply to a unit that Is described in subdivision (d). https ://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_ id=201720 l 80SB229 1111/2017 Today's Law As Amended Page 5 of7 (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, anl'.1 tne 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 mechanlcc:I automoblle 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 app!lcatlon on or after July 1, 2003, for i:l pennlt pursuant to this subdivision, the appllcatlon shall be considered mlnlsterlally without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the Issuance cf 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 dwelllng 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 dwelllng 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 compiles 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 eeAtaiAs aA includes a proposed or existing slngle- famlly dwelllng. No additional standards, other than those provided in this subdivision, shall be utlllzed or Imposed, except that a local agency may require an applicant for a pennlt 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 dwelllng 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 fur 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 fur the lot. The accessory dwelllng unit shall not be considered in the application of any local ordinance, policy, or program to llmlt resldentlal growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its fil'5t a11111ieatieA eA er after Jt1ly 1, 1983, an application fur a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall aeee11t tl:!e a1111lleatleR aREI approve or disapprove the appllcatlon mlnisterially without discretionary review pursuant to subdivision (a) within 120 days after receiving the appllcatlon. (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 fur an accessory dwelling unit, or size based upon a percentage of the proposed or existing primary dwelllng, 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 followlng Instances: (1) The accessory dwelling unit is located within one-half mile of publlc transit. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml ?bill _id=201720180SB229 11/1/2017 Today's Law As Amended Page 6 of7 (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an e1dstl11g 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 mlnlsterially approve an appllcatl on fo r a building permit to create within a siAgle faA'lily FesiEleAtial zeRe zoni! for single-family use one accessory dwelllng unit per single-family lot if the unit Is conta i ned 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 w ith Section 66012). (2) Accessory dwelling units shall not be considered Ac11 FcsieleRtial i,ises o.,. • local agency, special district, or water corporation to be a new residential use for the purposes of calculating leeal ageAey connection fees o r capaci ty charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described In subdivision (e), a local ~ agen cy, special district, or water corporation shall not require the applicant to Install a new or separat e utility connection direct ly between t he accessory dwelling unit and the utility or impose a related connection fee or capacit y charge . (B) For an accessory dwelling unit that Is not described In subdivision (e), a local ~ agen cy, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utllity. Consistent with Section 66013, the connection may be subject to a con n ection fee or ca pacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based u pon e ither its size or the number of its plumbing fixtu res, upon the water or sewer syst em. Th is fee or charge shall n ot exceed the reasonable cost of providing this service. (g) This section does not limit the authority of loca l agencies to adopt less restrictive requi rements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdiv ision (a) to the Department of Hous i ng 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 m ean : (1) "Living area" means t he i nterior habitable area of a dwelling unit Including basements and attics but does not Include a garage .or any accessory structure. (2) "Local ag ency" 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 f orth In Section 65589.5 . {4 ) "Accessory dwelling unit" means an attached or a detached residen t ial dwelling unit which provides complete Independent liv ing facllltles for one or more persons. It shall include permanent provis ions for llvlng , sleeping, eating, cooking, and sanitation on the same parcel as the slng le-f amily dwelling Is situated. An accessory dwelllng unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Cod e . (B) A manufactured home, as defined In Section 18007 of the He alth and Safety Code. (5) "Pa ssageway" means a pathway that Is unobstructed clear to the sky and extends from a street to one entra nce 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. https://leg info.legislature.ca.gov/faces/billCompareCiient.xhtml ?bill_id=201720180SB229 11/1/2017 Today's Law As Amended Page 7 of7 (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 appllcatlons for accessory dwelllng 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 Biii 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 Bill 494, in which case Section 1 of this bill shall not become operative. SEC. 3. No reimbursement Is required by this ad pursuant to Section 6 of Article XIII B of the Califomla Constitution because a focal 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 . https://leginfo.legislature.ca.gov/faces/bill CompareClient.xhtml?bill _id=201720 l 80SB229 11/1/2017 This Page Intentionally Left Blank Today's Law As Amended Page 1 of7 Home /.J~ £ ~ < .<~te/o~t:nu1 .. LEGJSl..ATlVE INFORMATfON Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-494 Land use: ilcx:eROf'Y dwelllng units. czo11-201e i SECTION 1 . Section 65852.2 of the Government Code Is amended to read: 6S852.2. {a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in slngle- famlly and multifa mily residential zones. The ordinance shall do all of the following : (A) Designate areas within the jurisdiction of the local a,gency 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 C81ifomla 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 Aet IRteRded fer sale may be rented separate from the prtmary FesiEleAee aAe residence, but may l:l e rre11ted . 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, slngle-family dwelling. (Ill) 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 a-an a.ccessory dwelling unit or t o a p o rtion of an accessory dwelling unit, and a setback of no more t han five feet from the side and rear lot lines shall be required for an accessory dwelllng 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 dlsposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceE!d one parking space per unit or per 13eereeffi. bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. (II) otrstreet 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 eeRElitieRs1 er tllat It i5 Ret permitted aAywi'leFe else IA tl'le jt1riseietieA. conditions. (III) This clau se shall not apply to a unit that is described In subdivision {d). https ://leginfo.legislature.cagov/faces/billCompareClient.xhtml ?bill _id=2 01720180AB494 1111/2017 Today's Law As Amended Page2 of7 (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory 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 mlnlsterially 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 untll 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 bullding 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 existing slngle -famlly 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 t erms longer than 30 days. (7) A local agency may amend its zon ing 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 !Imitations of this subdivision. {8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory bulldlng and shall not be considered to exceed the allowable density for the lot upon wh ich It ls located, and shall be deemed to be a resldentlal use that ls 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 loca l 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 11:5 flFSt applieatleR eR er after J1:1ly 11 1983, an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall aeeept the a19plieatleR aAd approve or disapprove the application mlnlsterially 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 attaehed and detached accessory dwelling units. No minimum or maximum size for an a ccessory dwelling unit, or size based upon a percentage of the ex isting 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 requi red 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 l ocated within one -half mlle of public transit. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill _ id=20172 0 l 80AB494 11/1/2017 Today's Law As Amended Page3 of7 (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 dwelllng 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 ministertally approve an appllcatlon for a bulldlng permit to create within a single-family residential zone one accessory dwe lllng 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 slmllar structure, has Independent exteri or access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelllng units shall not be required to provide fire sprinklers If they are not required for the primary residence. A dty 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 detennined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). {2) Accessory dwelllng units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utllltles, Including water and sewer service. (A) For an accessory dwelling unit described In subdivision (e), a local agency shall not require the appllcant to install a new or separate utility connection directly between the accessory dwelllng 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 thet 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 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 egency" means a city, county, or city and county, whether: general law or chartered . (3) For purposes of this section, "neighborhood" has the same .meaning ilS set forth In Section 65589 .5. (4) "Accessory dwelling unit" means an attached or a detached resldential 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-fcunlly dwelling Is situated. An accessory dwelling unit also Includes the folfowlng: (A) An efficiency unit, as defined In Section 17958.1 of the Health and Safety Code . (B) A manufactured home, as deflned 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 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 c:!l'rect or application of' the c.a11fomla 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 dwe!!lng units. SEC. 1.5. Section 65852.2 of the Government Code is amended to read: https ://leginfo.legislature.ca.gov/faces/bi11CompareClient.xhtml?bill _id=201720180AB494 1111/2017 Today's Law As Amended Page 4 of7 8HS2.2. (a} (1) A local agency may, by ordinance, provide for the creati on of accessory dwelling units in ~ faffiily aAe ffiult1faffiil·; resiaeAtial zeAes. .l'r.as zoned to allow single-family or multifamily use. The ordinance shall do all of t he following : (A} Designate areas within the jurisdiction of the local agency where accesso ry dwelling u n its may be permitted. The designation of areas may be based on ~ crite ria that may include, but are not llmlted to, the adequacy of water and sewer services and the impact of accessory dwelling units o n traffic flow and public safety. (B) (i} Impose standards on accessory dwelling units that include, but are not limited to, pa rk.I ng, height, se~ck, lot coverage, landscape, archltectural 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) N~twithstandlng 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 existi ng general plan and zoning designation for the lot. (D} Requ ire the accessory dwelllng units to comply with all of the followi ng: (I) The unit is Aet IAteAEleEI fep sale may be rented separate from the primary residence aAEl residence, buy may Ile FeRteEI. not be sold or otherwise conveyed separate from the primary residence. (ii} The lot is zoned fef--t o allow single-family or multifamily use and contains aA eicistin€J, includes a proposed or existing single-family dwelllng. (Iii) The accessory dwelling unit is either attached te ~e eMistlAg ElwelliRfl or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling . (Iv) The inereasee floor total area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent of the eMistin§ iiviA€J area, witR a n:iaMiffiuffi increase in ~oer area ef proposed or 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 squa re feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vi!) No set back shall be required for an existing garage that Is converted to t ·an accessory dwelling unit or to 1 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. (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 l!eEIFeem. bedroom, whichever is less. These spaces may be provided as tandem parking on afl elliSting a driveway. · (II) Offstreet parking shall be permitted in setback areas i n locations determined by the local agency or t hrough 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 ee11ElltleRs, eF that It Is F1et 13eFA'litteEI aAywRere else IA tl'le ji,iFiSElietion. conditions. (III) This clause shall not apply to a unltthat Is described In subdivision (d). (xi) When a garage, carport, or covered parking structure Is demolished in conjunction with the co nstruction 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 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 descri bed in subdivision (d). https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill _ id=201720 l 80AB494 1111/2017 Today's Law As Amended Page 5 of7 (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When 21 local agency receives Its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered mlnlsterlally 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 21 local agency or an accessory dwelling ordinance ado;:ited by a local agency subsequent to the cffectfve 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 eeAt:a iRS aR includes a proposed or existing slngle- famlly dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or Imposed, except that a local agency may require an 111ppllc21nt for a permit Issued pursuant t.o this subdlVlslon t.o 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 pollcles, procedures, or other provisions applicable to the creation of an accessory dwelling unit If these provisions are consistent with the !Imitations of this su bdlvlslon. (8) An accessory dwelllng 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 densify 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 focal agency that has not adopted an ordinance governing accessory dwelling units In accordance with subdlVlslon (a) receives Its fl.-&f!llf!lllleetleR eA er ~r l1:t1·1 l:1 1:983, an application for a permit to create an accessory dwelflng unit pursuant to this subdivision, the local agency shall aeee19t 01e a1919lleatleA aRd approve or disapprove the application mlnlsterlally 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 primary dwelling, shall be established by ordinance for either attached or detached dwellfngs that does not permit at least an efficiency unit to be constructed In compllance with loCl!I development standards. Acx:essory dwelllng 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 followlng Instances: (1) The 21ccessory dwelllng unit Is located within one-half mile of public transit. (2) The aa:essory dwelling unit Is located within an archltecturally and histortcally significant historic district. (3) The accessory dwelling unit Is part of the proposed or existing primary residence or an eMlstlAg accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. https ://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill _id=201720 l 80AB494 11/1/2017 Today's Law As Amended Page 6 of7 (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 ministerlally approve an application for a building permit to create within a siAgle faFAily resi<:leAtial zeAe .:0i11e 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 requ i red to provide fire sprinklers if they are not required for the primary residence. A dty may require owner occupancy for either the primary or the accessory dwelling unit created through this process. (f) (1) Fees charged for the construction ot accessory awe1l1ng 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 Aew reslEleAtial uses by a l ocal agency, special district, or water corporation to be a new residential use for the purposes of calculating leeal ageAE'f connection fees or capacity charges for utllltles, including water and sewer service . (A) For an accessory dwelling unit described in subdivision (e), a local ~ 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 utlllty 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, 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. Th is 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 restr ictive 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 areaM 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 uni~ 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 llving, 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 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 callfornla 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 unit:S . SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bllf and Senate Bill 229. That section shall only become operative if (1) both bills are enacted and https://leginfo.legislature.cagov/faces/billCompareClient.xhtml ?bill _id=201720 l 80AB494 1111/2017 Today's Law As Amended Page 7 of7 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 B//1229, in which case Section 1 of this bill shall not become operative. SEC. 3. No reimbursement Is required by thfs act pursuant to Section 6 of Article XIII B of the Califomla 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. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml ?bill _id=201720180AB494 11/1/2017 This Page Intentionally Left Blank CAMPBELL EXHIBIT 11 This Page Intentionally Left Blank Campbell, CA Code of Ordinances Page 1 of8 Chapter 21.23 -ACCESSORY DWELLING UNITS Secti ons : 21 .23 .010 ·Purpose. This Chapter provides for the establishment of accessory dwelling units in compliance with Article 2 (Zoning Distri cts). 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 te r ms 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 ea rage attached to a primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling unit and construction of a new base ment 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. ab out: blank 11/2/2017 Campbell, CA Code of Ordinances Page 2of8 "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. about: blank 1112 /2017 Campbell, CA Code of Ordinances 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. Page 3of8 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) about: blank 11/2/2017 Campbell, CA Code of Ordinances Page 4of8 21.23.040 -Development Standards. An accessory dwelling unit may only be constructed in accordance with the following development standards: about: blank A. 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. B. 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). C. 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. D. 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. E. 11/2/2017 Campbell, CA Code of Ordinances Page 5 of8 Allowable rooms. Accessory dwelling units shall include no more than two bedrooms and two bathrooms. In no case shall an accessory dwelling unit includP. more than one kitchen. about: blank F. Design. A detached accessory dwelling un it shall be constructed to incorporate the same or similar building materials and colors as t he primary dwelling unit, except for manufactu red homes which shall be required to incorporate only the same or simila r build ing colo r s 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 garage . 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. 2. 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. 11 /2/2017 Campbell, CA Code of Ordinances Page 6of8 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). about: blank 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 park ing 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 locat ed on a parcel within a traversable distance of one-half mile of public transit. b. The accessory dwelling un it is located on a parce l 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. 11 /2/201 7 Campbell, CA Code of Ordinances Page 7 of 8 d. The accessory dwelling unit is located on a parcel within one block of a City-licensed car-share vehicle (as defi ned by the Cal ifornia Veh icle Code). (Ord. No. 221 6, § 6, 12-12-2016) 21 .23.050 -General Requi r emen ts and Restrictions. The following requirements and restrictions apply to all existing and new accessory dwelling units: A. Rentals. No more than o ne 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 restrict ions. B. Subdivision and sales. No subdivision of land or air rights shall be allowed, including creation of a stoc k 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 w ith all applicable Building and Fire Codes as appropriate, except that the Bu il ding Officia l shall not require installation of fire sprinklers for an interior acce ssory dwelling unit if they would otherwise not be r equired for the primary · dwelling unit, ex cept if the creation of the accessory dwelling unit would result i n cr eatio n of a "new dwelling using porti ons of the origi nal 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 r esidential uses for t he pu rpose of calculating loca l agency connect ion fees or capacity charges for utilities, including water an d sewer services. (Ord . No . 2216, § 6, 12-12-2016) about: blank 11/2/2017 Campbell, CA Code of Ordinances Page 8of8 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 .2.1..3J (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, § 6, 12-12-2016) about: blank 11/2/2017 MONTE SERENO This Page Intentionally Left Blank Monte Sereno, CA Code of Ordinances Page 1of4 10.06.140 -Accessory dwelling units; standards and requirements. The following standards and requirements shall apply to all accessory dwelling units: A. 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. B. The a cce ssory dwelling unit shall be either attached to the ex i sting 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. C. 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 (SO) percent of the existing living area of the primary dwelling. about:blank 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 11 /2/2017 . .. Monte Sereno, CA Code of Ordinances Page 2of4 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 par king 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. about: blank 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. F. 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 . 11/2/2017 Monte Sereno, CA Code of Ordinances Page 3of4 about: blank G. 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. H. 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. I. Accessory dwelling units shall comply with the following des ign 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. J. The number of animals which may be kept on each lot as specified in the zoning regulations for the residential zoning district within wh ich the lot is situated, shall remain unchanged after construction of an accessory dwelling unit. K. 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 qual ify 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 1112/2017 Monte Sereno, CA Code of Ordinances which is not less 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. Page 4of4 (Ord . No. NS-184, § 1, 10-16 -2012; Ord. No. NS -198, § 5, 11 -3-2015; Ord. No. NS-209, § 2, 12-20- 2016) about: blank 11/2/2017 SARATOGA This Page Intentionally Left Blank Attachment D 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) Article 15-56-SECOND DWELLING UNITS Sections: 15-56.010 -Puroose. 15-56.020 -One second dwelling unit per site. 15-56.030 -Development standards. 15-56.040 -Inspections. 15-56.050 -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 Saratoga, California, Code of Ordinances Page 168 of.218 Attachment D Chapter 15 -ZONING REGULATIONS 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 Saratoga, California , Code of Ordinances Page 169 of 218 Attachment D 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 ari 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 Page 170 of218 Attachment D 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. In such event, the parking space for the second dwelling unit shall be screened from view from the street, if possible; otheiwise, 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 articie. 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. Saratoga, California , Code of Ordinances Page 171 of218 CUPERTINO This Page Intentionally Left Blank CHAPTER 19.112: ACCESSORYDWELLINGUNITSINR-1,RHS,AANDA-l ZON ... Page 1 of3 Cupertino, CA Municipal Code -----------------.. www wmm•~···----·~-------- rITLE 19: ZONINfJ CHAP1ER 19.112: ACCESSORY DWELLING UNITS IN R-l, RHS . A AND A-1 ZON ES )CHAPTER 19 .112: ACCESSORY DWELLING UNITS IN R-1, RHS, AAND A-1 ZONES Section !9.112.010 Purpose. 19.112 .020 Applicability of regulations. i 9. l l2.03Q Site development regulations. 19.112.040 Review process. h 9 .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 z.oning, 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, . E xh. A (part), 1992) . · 19 .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 New addition to portions of existing existing accessory structures to an dwelling unit and accessory dwelling new accessory unit dwelling unit A. Size of living space, exclusive of decks 1. Minimum size 150 s .f. """"'-""-"·--··· ·-· 10% of the net lot area, up to a maximum of 1,000 s.f., or 5 2. Maximum size percent of the existing living space of the principal dwellin whichever is more restrictive. B. Allowed if the unit: l Not allowed http://library.amlegal.com/nxt/gateway .dll/California/cupertino/title 19zoning/chapterl 9112... 11/2/201 7 CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZON... Page 2of3 Second-story accessory dwelling unit C. Parking D. E. 1. Parking for accessory dwelling unit 2. Replacement parking spaces when new accessory dwelling unit converts existing covered, uncovered or enclosed parking spaces required for the principal dwelling unit Direct outside access Screening from public street 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 None One additional off-street parking sp~ shall be provided, if the principal d~ unit has less than the minimum off-~ 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. a. Replacement spaces must be provided for the principal dwelling unit to meet the ~um off-street parking spact 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. c. 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 1~ Accessory Buildings/Structures. 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 . All access to accessory dwelling units shall be screened fro public street. (<?rd. 17-2165, § 12, 2017; Ord. 16-2159, § 8 (part), 2016; Ord. 2085 , § 2 (part), 2011) 19.112.040 Review Process. http://library.amlegal.com/nxt/gateway .dlVCalifornia/cupertino/title l 9zoning/chapter 19112... 11 /2/2017 CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZON ... Page 3 of3 A. Applications for accessory dwelling units conf onning 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) c,r··craim1'~: Th;j CoC:·:.. of Ordinar:'X.3 and/or ;._ ·,y other docJrr.ent!:. that <',,p0a; on this s:.c m3y not rdll :t t.1~ mo~~ r.urre:it l'?g· ,!;.:ti~n <..(r ·;tF.d tJ the r.1u.-:cipality. Am.:.ric;m Legal Pl0!lli ::'.'1::1g Corroration pr?vidu these cl:..:;11mu;1ts lvr inf'",rnr.ti;,m..1 purl'<)SE:::: only. l'h\·:s~ rli::c:irr.enM ~.:;nuld no~ be retir;'.I U'.)or .a.:; th•3 definitive a1ltlt·.Jritr :'·:r loc~I :vgU:::::cm. A'.:•'ition<:'.iy, the ivm.attir::: ~.1c,; ~"g:n"~' ';:'i tlth:; ~ :l;•hd ~:,;1'.;ner.ts v::~i'i&s frc.rr. th~:·( :mating s.:icl pa'.:linatio11 of th~ offic'<il copy. Ths official ~:·int( ... : <.:o;>y c.l ..i C•;:l') of Orc:.!;:i<>r.<.3:: ~hc~·Jc.; i e c-::!nult(·::I i:,;r;or to <:ny ~ :tio;1 ~ing tak!:n . for ;urtit..r inform~'.or. regardir1g th ;, offci<.:I v·.r·:ic.1 of o;ny of th !s C-:>c-:; r,;· Qf"linancr;:· C'r othF-: tJc ~:.uner.'.s r;.,<.d or. L:: :,;~e, ;:.lt;a:;~ contact the illiunicipfi!it'} di1-ectly o; cont~ct Am:;;-;:;on Leg f. I Publi ·;hin~ l'>ll-irca at 8'.J0-14~-SSf'.3. , . .'W'S Americca:i '.-egal FubJi 0.:·,:n-:; Corpora ·ion techsuim2rt-@am1~:-gal .com 1.t00.4-1:::.ssss. http://library.amlegal.com/nxt/gateway .dll/California/ cupertino/title I 9zoning/chapter 19112. .. 11/2/201 7 SUNNYVALE This Page Intentionally Left Blank 19 .68.040. Accessory dwelling units. P age 1of3 I Sun~vva!_e ~unicipal c~~ - . . . . I_.\)~~ ___ ]~re~~o~ . -=--, !~~d . ~T.M~!n _ Title 19. ZO NING Article 5. SPECIAL HOUSING ISSUES Chaoter 19.68. MOBILE, ACCESSORY, AND SINGLE ROOM OCCUPANCY LIVING UNITS 19.68.040. ___ Accessory dwelling un!ts. ~-________ ------~~·~ (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 confonns 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 shalJ 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 pennit approval by appropriate documents oftitle and residency. The dwelling unit not so occupied may be rented. Prior to issuance of a building pennit, 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 pennit 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 pennitted 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. https ://qcode.us/codes/sunnyvale/view. php?topic= 19-5-19 _ 68-19 _ 68 _ 040 1112/2017 19.68.040. Accessory dwelling units. P age 2of 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 requ ire 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 co nverted 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 a s 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 parkfo g 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 plwnbing 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: ( l) 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) T he unit has inde pendent exterior access from the existing re sidence. ( 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. https://qcode.us/codes/sunnyvale/view.php?topic=l 9-5-19 _ 68-l 9 _68_040 1112/2017 19 .68 .040. A ccess ory d welling units. Page 3of3 (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). ---------~-- View the mobile version. https://qcode.us/codes/sunnyvale/view. php?topic= 19-5-19 _ 68-19 _ 68 _ 040 11/2/2017 This Page Intentionally Left Blank 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 uniess 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 buildlng. AccessorySeGORdary 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. An accessorv secondary dwelling unit is located In a permanent structure with separate entranee, sleeping , bath and kitchen facilities (stove, hot plate, microwave oven or equivalent). (1) A detached accessorweoendar:y dwelling unit is physically separate from the primary dwelling unit. (2) An attached accessoryseoendary dwelling unit is phvsically attached requires modifioatien to tile merier 'Nalls 9f the primary dwelling unit. (3) An interior seoendary G'Nellino unit requires meeifisatieAS enly te tile interior walls 9f tt:ie primary Ehvelling 1:1nit Accesswsy 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 soll, the raising of crops, horticulture, viticulture, small livestock farming, dairying or animal husbandry, Including all uses customanly 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 similarty 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, multip!e. 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. EXWBIT 1 2 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 aoove 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 fifly{OQ) 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 pri'rfcipal 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 mairi 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 profrt or livelihood, regardless of whether there is any other motivation. The activities normally conducted 1n 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 bu il d ing height exceeds four (4) feet above existing or f1mshed grade . shall not be lf:lclUded 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 s.hall 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 includ~ synagogue. Clinic means a place for group medical or dental services or practice not involving overnight housing of patients. Club, private m~ns an as~octatlon 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. Page2 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 buiiding; but excluding dei!catessens 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 honzontal 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 ~),feet in depth; side yard on the street side of a corner lot; or a side yard at least twenty (2Q~:fef)fln width. Any court other than an outer court is an Inner court. . '. / :, ·/ · Demolition (historic structures) means: · :.~· .. ···:-·:( (1) Removal of more than twenty-five (25) perce,,1·:¢ the~ facing a publ1c street(s) (or a street facing elevation if the parcel is a corridor lot or ij ,lanfi~ed) or fifty (50) percent of all exterior walls; or ·,. "·;'w ·.~·. (2) Enclosure or alteration (le: new window and or window 'ielocation) of more than twenty-five (25) percent of the walls facing a pubhc street (or a street faciiff.I~. elevation if the parcel is a corridor lot or is landlocked}.Of fifty (50) percent of the exterior walls. so that they no longer function as exterior walls; or -:,; .. S:· :·,· ·. :·': ._ ·' .. ··: All remaining exterior:. wah · ~ust ·b$· Contiguous. and mu.st retaln the existing exterior wall covering. No new exterior wall coveri{1i ·$hall be pe"rTnitted over the existing exterior wall covering. The following are exempt from this definitiofr: > . ·. . • ·. , ..... -..:, ....... ~ ~ .. . ' a. Replacement. T'fte eXt~'Or wi;iil covering may be. removed if the covering is. not original to the structure.' '-..: '· · < ·' · -~ \..:~~-"·' . · .. : :, ~-·~ ' b. Repair. The removal" •M~ replacement of in kind non-repairable exterior wall covering resulting in no change to:;f1S 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 Committee. Demolitionshail be determined by subsections (1) and (2) above for the original structure, where walls enclosed by additions shall be considered as exterior walls. Demolition (nonhistoric 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 particularty 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 an 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 stalt0~ry or operating. EV includes a battery electric vehicle (BEV} but does not include a plug-in hybrid e1ectriC vehicle (PHEV). Emergency shelter means a housing facilltY ~s defined by Health and S13fety Code Section 50801 with minimal support services for homeless perso~ that is limited to temporary occupancy of six (6) months or less by a homeless person. . Erect means and includes build, construct, install, ass~mble, improve, alter, reconstruct, restore, or renovate, any building structure, improvement, faclllty, 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 hou~ehold 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. Famlly 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 lar.ge family day care home 1s for seven (7) to twelve (12) children. Both limitations include the numbef Of children residing 1n 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. Page4 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 seniicing of vehicles, but not the repair thereof. Grade, (finished) means the lowest point of ground elevation .Of the finished surface of the ground after any construction or grading activities (including, but not limited to cut and fill of existing · slope$) as measured from a known fixed reference height benchmark or as a height referenced from sea level. Grade, (ground level) means the average of the flnis~·:O'Our.Jd level at the center of all walls of a building. When walls are parallel to and within five (6) f'Qjt of a ·-.walk, the ground level shall be measured at the sidewalk. · ~· .. ... ":~"" .' Grade, (natural) means the lowest point of ground elevation of undistilrPad soil as measured from a known fixed reference height benchmark or as a height referenced from sea lev~L : ·., ·. Group home shall have the same meaning as a residential care facility, sma11-~1Y home. Hazardous waste management f~lfility, means an operation that entails the ·syste~~ic control of the storage, transportation, processing, tre.'1t~• collection, source separation, recovery and disposal of hazardous wastes. Hazardous wastes are ~.wastes which because of quantity, concentration, or physical, chemical, or infectious characterii~cs ntay .pose a substantial present or potential hazard to human heal~h or environment when Im property treated ; :$!Qred, transported, or disposed of, or otherwise managed. · · .'. · '., .. ;-.\_, Height means the height c;1f all structures, e~d1.nl:'f8t.lces ;·-be determined by the plumb vertical distance from the natural or finished grade, ~~f is IO'ltl9t :.Snd creates a lower profile, to the uppermost point of the roof edge, watl, parapet, rttf'A$ard, or other point directly above that grade. For portions of a structure located directly above a cell~r~. the height measurement for that portion of the structure st:iail J>e ,m~asured as the plumb vertical <l!r$tance from the existing natural grade to the uppermo$fpOmt·of:th~~1ructure dlrectly over that point 10 the existing natural grade. No point of the roof or other ~ctural elemeii1fc~ln the exterior penmeter of the structure shall extend beyond the plane establi .. , ,by the maximun;t1-ight plane exeept as allowed by section 29.10.090. Fenee··'~ht means m·~~ from finished grade and shall be measured from either side of the property line Whieh affords aff~ :property owners the most buffering from noise, light, glare, or privacy impacts. ~: .. :.'. , <:;-:. Historic structure means: ·, 7'\ ......... . ·.~··-~· (1) Any structure U.t is l~t~ within an historic district; or (2) Any structure that ·~--~orically designated; or (3) 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 for a 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. Pages HoteVmotel 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 ord inances exists separately from all other land . A parcel of l~nd .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. Lot area means the total horizontal area included within lot ·nnes, ex cept as otherwise provided in the chapter, and excluding land requ ired for public dedication and any land determined to be ripar ian habitat. Lot, corner means a lot s ituated 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 tot with access to a street by means of a strip of land having less frontage or width than that required for the pCJrcel by this chapter. Lo t depth means the horizontal ·(iistance between the front and rear property lines of a lot measured from a point midway be~n the side property lines Lot, f'rontage 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 determ ined to be the frontage Lot, interior means a lot other than a corner lot. Lot width means the horizontal dista~ .between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines. Mob ile 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 telTTls 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 schooVDay care center means a school for pre-elementary school age children which provides controlled activities and instruction. Occupancy means the purpose for which a bulld.ln~·is . .used, or is intended to be used. The term shall also include the building or room housing such use; ~hange of occupancy is not intended to Include change of tenants or proprietors. .·::·~:'/ "..;.:··,.. Open space means an area of land open and ·rit\ob.&tructed from the ground to the sky. Private open space, such as may be required for residential co~iniu.mS .-t>r similar development, may have balconies and roof eaves extending ov-.(a portion of the 'ieqµif~.Jlltvate open space. '-: . . . . ~. .. Ordinance means this chapter. · ·. >::<: , . . .;_:::.:.\ :·.: ... ·¥. •. -:, · •. " • .,_:...~: :·-~ . Outdoor entertainment means entertatlmlent provided by a hotel, motel, restaurant, bar or similar establishment conducted outside the confine$ of a buiid!ng Including -ecmrtyards, pool areas and the like. Outdoor storage means storage of mercbandise or ':t:Ri:rtenais outs(d'9 the confines of an approved build::;.,..,..,, means the roof structure ~·~···~:oor·~ either attached or unattached to a main or accessory building and open on at least M't>"(~ sides. Person_F,lf ··'&~ice. business means uses that p~dominate!y se!I personal convenience services directly ~ .. tft~ pubtlc~ including but not lrmited to, \ij.arbers, beauty salons and related services, cosme~ts . electrol~i$; facial and/or skin care, ha!r dressers and/or hair stylists, hair remova! and/or replacelMnt, manicurists, -·.~Ions, pedicurists, permanent make-up, skin and body care, piercing, spas, tanntrii .~lons, tattooihg, :-e1eaners, dog grooming, tailors and other services of a similar nature. Personal se~~-. business doEJ8' not Include travel agencies, insurance offices, law offices, architect offices, or any other type of office-use. \' Primary dwelllng tmit means ~· Sfngle-family dwelling unit located on a lot with no other dwellings on the lot except for secondiiry dwelHA$ units. Recreational open s~ ~s any area of land set aside for recreational purposes, both active and passive, and intended, but fi>t limited to, a park-like atmosphere. Recycling collection facHity 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 Page7 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 th'e dwelling of a licensee in which care or supervision is provided for seven (7) to twelve (12)-chilc!ren or seven (7) to fifteen (15) adults. Residential care facility for the elderly means a volunqary 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 ~livered 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 rest~urant with turnover rates generally of less than one (t) hour, Is usually moderately prices and frequen~y belong to a restaurant chain, generally service breakfast, lunch and dinner, and are sometimes open t'Wenty-four (24). hours a day. Restaurant (minor) means any restaurant that ~atlsfies the following criteria: (1) Provides less than 25 seats, (2) Serves no alcoholic beverages; (~) Proposes no significant exterior changes that would alter the architectural character of the building; and ' (4) Provides a net increas_e 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 fire.arms, ammumtion 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 · cnapter 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, notions, 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. Pages 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. Ss99R"8ry EJwellillg l:IRit meaAs a Eletaet:ieEI er attBst:leel Ek::relllAg l::IRit wt:ilet:i previeles semplete iAelepenEleRt liviRg fasilities fer eRe (1) er FR9Fe per&eRs BREI Is aeseesary te BREI geRerally smaller tl:iaR a priFRary El'llelliRg 1::1Ait. A seooAelary Ehu~lliAg 1:1Rlt is lesateEI iA a perFRaneRt &W1:1Gb::1re with separate eAtranse, sleepiAg, batt:i aAEI kitst:ien fasilities (ste>1e, het plate, miGFe\'/ave eveA er eq1:1ivalent). (1) A Eletashed seseRElary dwelliAg 1::1nit is pt:iyslsally separate frem the primary Elv.ielling 1::1nit. (2) AA attashed seseREl3F)' Eh·,•elling l::IAit Feql:lires meElifieatieA ta tl:ie e}derier 'Nalls Gf tt:ie primary QvlBlliAg l:IAit. (3) flc,p. iRterier seeenElary Elv.ielling 1::1nit req1::1lres meeifieatieRs enly te tl:ie interiar '.l'Jalls ef the r:>rimary E11,velling l:IRit. (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, §I, 11-3-03 ; Ord. No. 2132, §I, 5-17-04; Ord. No. 2144, §I, 9-6-05; Ord. No. 2i49, §I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7-13 ; Ord. No. 2222, § Il(Exh. A), 10-21-13 ; Ord. No. 2233, § I(Exh. A), 8-5-14) Page9 This Page Intentionally Left Blank November 8 1 2017 DRAFT DIVISION 4. -PARKING Sec. 29.10.145 . -Requirements generally. (a) 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 facilftles 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 dlVision. 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. · (c) 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 ilia'8ase in the number of living units or gross floor area, or modified or crntnged through an increa&e in seating capacity, number of persons employed or otherwise, unless t~ number Qf additional off-street parking spaces necessitated by such remodeling, expansion, moa)fiQ)tiOn or change under the provisions of this division are provided. ·. · · · · · ': · '\&~w'"',. ' (d) Fractions. If the number of required off"$tteet pa~':spaces contains a fraction, such number shall be changed to the nearest higher whole number. ::::>:.\c;, ~ . (e) Mixed uses. When mixed uses are located G,tt.the·satne lot a:).ce1, or within the same building, the sum total of the required parking for the indivkt;uat ~ shall ap~'. (f) Spaces for one use only. An off-street parkin!J. Sf>ace for one ( 1) use shall not be considered to provide,.ti.I· reqt:.lired off-street parking space for an1.o.ftler use, except in the case of an alternating use approVe<.f~fU:le d~ding body as hereinafter provi®cil. (g) c•1¥KJ"J.cial o~er~t~·« parking spaces. . .. ( 1) ':~'1WW&tely own~·~~t parking spaces required to be provided by this division, or required by •. administrative' epProval authorized by this chapter, shall be operated without charge to the uSers thereof. No PrAAttely owned parking lot which contains such spaces shall be operated comme~1ally or under cf 'Wlldation system whereby parkers patronizing business for which the spaces are ' provided are· a(llmitted to the lot free of charge or at reduced charges and other parkers are charged a f~~.~ .and the admission of vehicles to such lots shall not be restricted by gates or other ~Olli .~ans during periods when the use or uses for which the spaces are required are In o ... n . The provisions of this section shall not be deemed to prohibit the po&tlng of signs at dances 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 followlog 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 !ot free of charge or at reduced charges if certain EXHIBIT 1 3 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. (3) 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 Comm ittee 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. (i) 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. (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. 11-17-15 ) 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 unlt(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, financial. institutions, insurance companies, social servic9 agencies and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor a rea . (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 fer 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 specificalf y listed in this subsection the requirements shall be as set forth in subsection (c). (c) Outside downtown parking r9quirements. 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 vis;tor 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) SesQRifAccess QfY dwelling units. One PQarking spaces per unit or bedroom. whichever is less. shall be provided In addition to the required minimum number of parking spaces for the primary dwelling unit as fellews: These spaces may be provided as tandem parking and/or in a front setback on a driveway, provided that it 1s feasible based on specific site or fire and life safety conditions. When a garage. caroort. or covered parking structure is demolished in conjunction with the construction Qf an accessorv dwelling unit. any lost off-street parking spaces required for the primarv residence may be located In any configuration on the same lot as the accessory dwelling unit. including as tandem soaces. or by the use of mechanical automobile parking lifts. IRterier seseRElary Eli.velliRg l:lnft ..... 1 SJJaGe AttasheEI seseRElary dii.¥elling i.mit ..... 1 spase Datasl=lee seseneaJY dwelling 1::1Rit ..... 2 spases a . Exceptions. No oarking spaces shall be requ ired if the accessorv dwelling unit meets any of the following criteria: (1) The accessorv 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 orimarv residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessorv dwelling unit. (5) When there is a car share vehicle (as defined by the California Vehjcle Code) located within one block of the accessorv dwelling unit. {6) When the Director finds that the lot does not have adequate area to provide parking. Page3 (Ord. No. 1316, §§ 3.41.010---3.41.075 , 6-7-76; Ord. No. 1328, 8-2-76; Ord. N o. 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) Page4 November 8, 2017 DRAFT DIVISION 7. -ACCESSORY DWELLING UNI~ 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 accessory dwelling units be considered ministerially without a public hearing . an~ provides for the Town to set standards for the development of accessory 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. -Defin itions. Existing unlawful accessory dWelling 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 accessory dwelling unit permit. Existing unlawful accessory 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 Buildtng Code. Manufactured home. As defined by the Uniform· Building Code. Nonconforming acce§SOIY dwelling units. A nonconforming accessory dwelling unit is defined as an accessory dwelling unit that exists under the followmg 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 nonconforming . (2) The unit was lawfully created while in the County and upon annexation the unit becomes nonconforming. New accessorv dwelling unit. A new accessory dwelling unit is defined as an attached (with an interior or exterior entrance) or a detached residential dwelling unit, aeated after cl1:1Re 1, 1983December 31 . 1987. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where aas tRe siRgle feFRily primary dwelling unit is &iNlocated . An accessory dwelling unit also includes efficiency units and manufactured homes . (Ord. No. 2115, §I, 9-15-03) See, ~Q.1Q.Uia iMistiRS WAla·.Yh!I l:IAits, (a) P-flfmits . The ewner 9f a neRconformiRg ewellin§ 1,,1nit m1:1st eetain a Eiwelling 1:Jnit permit ft.Ry applieatieR reseivee after Decemeer 31, 1987, shall ee sw9j9Gt te an applicatieR fee anEi R=1ay be s1:19ject tea ci'Jil penalty p1:1FS1:1ant te sectien 29.20.960(4). EXHIBIT 1 4 Page 1 (b) AAJm/Jer. A FF1axim1:1m ef twe (2) e:K:ishng dwelUng 1:1nits are alle·Ned on a single let. All ett:ler dwel li ng 1:1nits on the property FF11o1st be abated. (6) URit& B>d&URg iR MWR 9f1 u'+lR9 1, 1993. AFI existing 1:1nla!/Ai:i l dw&l'iR§ blRlt iA TOWA, as Elefi ned in this shapter. for whish an applisatien fer a dwelling 1:1nit permit 1.vas not files by Qeseffiber 31 , 1967, sl=lall be treateEI as a new dwelling 1:1nit. If the unit dees R9t ~1:1aHfy as a new Elweliins wn!t puFS1:1ar:it te sestien 29.1 Q.320, the 1:1nit sl=lall be deemed te ee 1:1nla·.-Aul ar:id ·.viii be abated. (El) IJR.'ts eJl/61iR9 fR ee1:1Rty. ne o'/mer sf an e~isting 1,:11:ila·Nful El¥10lling 1:1nit in the Ceunty sl=lall t:la¥e 90 days fol!ewing tl=le Elate ef annexatien inte tl:re T0>.vn to ar;>~ly fer a e·11011in9 unit perr:Rit If sush a tiFRely appllsatien is FF1ade, the staneards sf this sestion. sf;Jall ee applieEI to the applieatier1. If no ap~lisation is made witt:iin the 90 eay i;ierir:>d , tl=le 1:1nit shall 0e treateEI as a new dwelllAg l::lnit If the blnit Eloes not ~1:1al~' as a new dwellin9 p1:1rs1:1ant te section 29.10 .a1Q , tl=le 1:1nit shall t:>e EleeR·,ed kl t:>e 1:1nlawR:ll and m1:1st be abated . (e) H-Ohl:stRg ee9e. Any 1:1nit rese iviRg a wnif ~ermit iill:IFswant-te. s1:1bses1 :0P. (El) sV.all l:le FE1q1:1ireEI te som13ly w1tl=I the T9Wn ho1:1sin9 eede, and all iFRf}FO'o'emeRts sl=laU be som~letee wit.klin ene (~) year froAl the sate ef applisatien . 1A'her~ a tilflely OfJ~li6atian 1:1.nder s1:1eseGtian (s) t:iss l:leen filed, ane approves, an extension freRl tha sempliance Elate -nmy ~e 9rantee for geee sa1i:1se shewn. An e*tension et more than six (G) FRonths may oe !'JF3Rteei by tt;ie Plannin§ CE>rllm issian t.113011 'i!nd ing that a hardship exists. (fJ &>ev.e.l.epmeRt staR9a.'=fis. E:icist ing 1:1r:ala1.vfyJ Eh"telli ng 1,mits neea net sor:::iJ'}ly 'MHl the ee ... elepr~ent staRear.Gs i:eql:lired hy tFle ii!ene in '\itJl:lisl:l tl=le f3'9~erty is lecalee ner the ee·1el0i:>t:i=1ent stan~ards F9Elblired by sestion 29.10. 32Q for new El•.velliRg Yn:ts. (g) P-a"kiR'iJ . existing d·.veUing 1:1nits sFlall Aot be FeEjl:lireEI to aed parking 1n erEler te seFRply with the J:13FkiRg req1::1iren:tents fer d>,velltng 1:1nits; RewEwer , if i:>arking e~il:>ts at the time the El1...,.ell ing ~nit ~ermit is isst1ed, f.l:lel=I parkiA~ sf:'laU nol ~ ret.lb16El9 ~Ellew lRe n1:1ff1eer of spaces tl=la t weYlel be re~bliFeEI fer the d·.velliR~ llRit(s). (t:i) ~eTRF>fle!iRg, reGaH&tR1GtJt?R, dem@Jiti9R. ~1wFH"61eR, er -· f'9.FRe~·a! ~&ffledeli ng . res0nstr1:1stien. deFflolitl en . sen'lers10n , er reFflBVal ef dwelli ng wni;i:; st:.all ba as fel:o'IA': (1) \OJl=lere a timely applic:Jation 1:1nder til:IF.>sestieR (G) has a~eR fl:eEI aREI apweveEl , a E:hvell•n§ 1:i1nit Fflay 9e remodeleEI ~roviding the 91:1ilElin€J l=le19hl. do not e*eeeEI tl:lat whieh is allowee fer a new ~ ~ C0ffl1t:il1Aity ge..,elepR1ent DireslGr a131proval 1s reE1w1rei::I fer the remoeehn9 or resaAstnJetien sf an 9)(1stir19 l:iwelhAg 1:1nit iA the ease ef aestr1:1stiei::. Tl=le pref)esee eenstr1:1etien shall be design~ se as to ershitect1:1rally harmeA•i!e witf:\ tl:le s"'rre1o11=1sing stn.1~1,,Jres e.a ler:ig as tl=te cons11~et1en sees Mt ii:isrease tRe qei~ht or si~ ef tFie 1:1nit The faotof!S te 9e eeAs 'fleree v«heA i:e¥iewin~ U=1e Elesign flf swsh prepssed senstNstior: i11sl1:1Ele: a . 81:1ilding l:ie igl:it. b. BYilding materials aAEI sompatibility. c. Celers. d. Setbask eenfermity. e . ~loer area. (Ofti . No. 1115, § l, 9 15 Q3) Sec. 29.10.320. -= New accessory dwelling units. (a) Incentive /)[Ogram . 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. Page2 (b) Design and development standards. (1) Number. Only one (1) AeW-accessory dwelllnQ unit may be permitted on a lot. No addjtional accessory dwelling unit is allowed upon a lot with an existing accessory dwelling unit. (2) Permitted zones. Accessory dwelling units are allowed on senierming lots in the R-1, R-M and R-1 D zones 5.000 square feet or greater. Accessory dwelling units are allowed on lots in the HR zones. subject to conformance with the Hillside Development Standards and Guidelines. (3) Setbacks. Attached accessory dwelling units shall comply with the setbacks of the zone for a orjmary 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 -1 D 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 frve C5l feet. An accessory dwelling 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 orimary dwelling unit or accessory structure. (4} Height. DetasReEt 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 of a orimary dwelling unit or accessory structure. (5) Maximum unit size and maximum number of bedrooms.1 r------,,.-----------,.--------··---··---- I Mm)LI'ill lJ.Jm luio I Lot:n l -..,..,.J~ jl. Lot size Maximum unit size ----==-4· -··----·-·--1J.tt&:itlhi ~ijl 5,000 sq. ft . .or greate r: I 750 sq . ft .. or Efficiencv Unit . 1 ~ . -. -~----·-··4-· ---·-·----·-- 1 10.000 sq. ft. or greater i 900 sq. ft .. or ! ! Efficiency Unit f1D~h~l •~dl1··· 5,000 sg . ft. or g;eaten ,--·---900 sq. ft . ....Q! Efficiency Unit J 1 10,000 sq. ft_. ·o-r--greate_ .. ~_-_!,· 1,200 sq. ft .• or i JI , Efficiency Unit ___ . _________ ......_ ___ ~---- (6) Floor area . All accessorv dwelling units (attached or detached) must comply with the floor area ratio standards for the zoneprimary st~Gt1:1r=es . Detached accessory dwelling units shall not occupy more than fifteen (15) percent of the lot. to be calculated exclusive of the required bulldlng 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. A ccessory 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 .§.the new accessorv dwelling unit. W h en a ga r age. carport. or covered parking structure is dem olis hed in conjunction w ith t he constr uct io n of an accessory dwell ing u n it. any lost off-street par king s paces required for the primary dwell ing un it may be located in any configuration on the same lot as the accessory dwe lling u n it. including as tandem spaces. or by the use of mechanical automobile parking lifts. IA aEIElitieA to the n1;1mber of s1:1ases as set ferth in ~his sesti0R, aEIEl itienal spaces may be re1:11:1ireEl if tl=te fell91nh:ig findings are R=laEle: a. Additienal 1:1aFking is EliFestly relateEI te the 1c1se ef the secenEI bl n it. D.-AElelitienal paFkiAS is censistent with E1)(ist1p9 qeighMrheea staMar~s applisable lo e*isting Elwellin9s. a. Exceptions. No parking s pa ces shall b e reauired if t he accessory dwe lling unit meets any of the following criteria: (1) The accessory dwelling tinit is located with in or.e-!half mile of public trans it (2 ) The accessory dwelling unit is iocated within an architecturally and historically significant historic district. (3) The accessory dwe!lipg un't is within the ,,exi sting space of a primary dwelling unit or an existing ac~essory structure. ~When on~street par~ing 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) loc at ed within one block of the accessory dwelling unit. (6) When the Director finds that the fot doe s n ot have adequate area to provide parking. (9) Design, form, materials,_ and color. The design, form, materials and color of a new accessor y 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 accessorv dwelling units shall comply with all the provisions of this chapter and other applicable Town codes: (11) Building codes. The accessorv d we lling unit shall comply with applicable building, health and fire codes. The accessory dwelling unit s hall not be re quired to provide f ire s prinklers if they are not re quired f or the primary dwelling u nit~ (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)Convers;on of existing floor area. An accessory dwelling unit shall be permitted lf the accessory dwelling unit is contained within the existing space of a primary dwelling unit or accessory structure. The following provisions s ha ll apply : Page4 a. The accessory dwelling unit shall be located within a oermitted zone. b. The accessory dwelling unit shall have separate entrance from the primarv 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. 14 Low Income Units. An a lication that includes a recorded deed restriction s e if ·n that the accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower incom tenter (less than 80 percent AMI) if the unit is occupied by someone other than a member~ the household. shall not be subject to Planning application review fees. (Ord. No. 2115, §I, 9-15-03; Ord. No. 2149, §I, S-1-06) Sec. 29.10.325 -Nonconforming units. (a) Permits. The owner of a nonconforming accessory dwelling unit must obtain a n 9ccessorv dwelling unit permit. Any application received after December 31, 1987, shall be subject to an 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 ertd of sixty (60) days data has not been submitted by the property owner to establish the accessory dwelling unit 1s nonconforming to the satisfaction of the community Development Director, the unit shall be determined to be an existing unlawful accessory 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 n 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 aqcessory dwelling u!"lits sha!! comply with the Town's housing code as follows: (1) Any nonconforming accessory dwelling unit receiving a n accessory dwelling unit permit pursuant to subsectlon 1 (b) shall be required to comply with the Town housing code. (2) Any nonconforming accessory dwelling unit receiving a n 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. (3) 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. Pages (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 subsecti on (b) has been filed and approved, an accessory dwelllng unit may be remodeled providing the building height, and floor area do not exceed that which is allowed for a new accessory dwelling unit. b. Community Development Director approval is required for the remodeling or reconstruction of an accessory dwelling un it 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 conform ity. 5 . Floor area ratio. (Ord. No. 2115, §I, 9-15 -03) Sec. 29.10.330. -Elimination and/or demolition of existing acce ssory dwelli ng un its . In order to eliminate and/or demolish, without replacement, an approved accesso ry dwelling unit , the Eleaielin~ bodyDesign Review Comm ittee 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 dwell ing unit {l.v~ether or not it \\'ill be r:eplaseEI ), the deGiding boeyDesign Rev iew Committee must make the demolition find ings pursuant to section 29.10.09030. (Ord. No. 211 5, §I, 9-15-03; Ord. No. 2149, §I, 5-1-06) Sec . 29.10.335. -Expansion of existi ng 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 aseqessory dwelling unit shall be subject to the same requirements as a new accessory dwelling unit. If the accessory dwelling unit(s) is located on a nonconforming lot less than 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 IV. -RESIDENTIAL ZONES DIVISION 1. -GENERALLY Sec. 29.40.010. -Re s idential zones established. Residential zones of the Town are t he 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 mcwe 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 sanie lot (4) Are at least five (5) feet from any property line, except in the R·M zone where no setback is required by th1& subsection (4). (5) Do not occupy more than fifteen (15) percent of the lot, to be calculated exclusive of the requ ired building setbacks. Any aAccessory structures other than accessory dwelling units In excess of four hundred fifty (450) square feet r:eq1:1iFes tl::ie ai;>pmwl of tl::ie l=!lanRiRg Dir:eeteFShall be sub!ect to the Administrative Procedure for Minor Residential Prolects. Detached accessory dwelling units shall be subject to the provisions of Division 7 of this chapter. (6) When located on a reversed comer lot, do not project beyond the front yard line required on the lot in the rear of such lot. · (7) Breezeways may be used to provide shelter between buildings. Accessory structures may have plumbing !nstalled 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 accessorwesond 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. aRd oonwFSleR 9f a6686&ery str1:1sb,1res v.•itl::i reEl1:1seEl setbacks ta a seooAEl Elwellin§ 1:1nit is pmhlelted. 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, EXHIBIT 1 5- 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. (3) In the R-1 zones, required side yard setbacks may be reduced to five (5) feet for detached garages less than four hundred fifty (450) square feet without obtaining approval through the Administrative Procedure for Minor Residential Projects (section 29.20.480). A reduction in setbacks in tRe side yaFd abbltting a street st;iall lae subject to tt;ie .'\Etm in istr:at i>,ie Presedure f-Or Minor Res idential Projects (sesUen 29.20.480). (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: Sent: To: Leonie Pennington <leonie28@sbcglobal.net> Wednesday, September 27, 2017 6:44 PM Sally Zarnowitz Cc: Terry Summa; George Cornwell; Ann Lawton; Juanita Cordero; Rupali Khabiya; Andree Winter; Rich Cornelius Subject: > >> 9/27/17 » Hi Ms. Szarnowltz, ADU 's Mtg. tonight at 7PM »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 Rl, 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, >> » Leon ie Pennington & Terry Summa >> » leonie28@sbcglobal.net = > 1 EXBIB1T 1 8 This Page Intentionally Left Blank.