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12 Attachment 1PREPARED BY: Sally Zarnowitz, AIA, LEED AP Planning Manager Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 02/26/2020 ITEM NO: 4 DATE: February 21, 2020 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding accessory dwelling units, Town Wide. Town Code Amendment Application A-20-001. Applicant: Town of Los Gatos. RECOMMENDATION: Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding accessory dwelling units. CEQA: The project is Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3); in that it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment. FINDINGS: The project is Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3); and The amendments to Chapter 29 of the Town Code are consistent with the General Plan. BACKGROUND: In October of 2019, Governor Newsom signed new State law, including Senate Bill 13, Assembly Bill 68, and Assembly Bill 881, further amending land use regulations regarding accessory dwelling units. Changes to California Government Code Section 65852 expanded the ability of California homeowners to construct accessory dwelling units and junior accessory dwelling ATTACHMENT 1 PAGE 2 OF 6 SUBJECT: Accessory Dwelling Units DATE: February 21, 2020 BACKGROUND (continued): units on their properties. The new State law includes substantive changes related to the minimum number, size, and location of accessory dwelling units required to be allowed on a lot. A local ordinance that does not wholly conform to the minimum requirements of the new State law for the creation of accessory dwelling units is superseded until amendments to the local ordinance are adopted; however, the new State law does not limit the authority of jurisdictions to adopt less restrictive regulations for the creation of accessory dwelling units. Below is a discussion of a draft Ordinance incorporating amendments to Chapter 29 of the Town Code (Zoning Regulations), Sections 29.10.305 – 29.10.400 (Accessory Dwelling Units), which are required to conform to the new State law. The discussion includes options to adopt less restrictive regulations for the creation of accessory dwelling units. DISCUSSION: A.Town Code Amendments Section 29.10.310. - Definitions The Zoning Regulations currently define accessory dwelling units in Section 29.10.020. The draft Ordinance would relocate the accessory dwelling unit definition from Section 29.10.020 (Definitions) to Section 29.10.310 (Accessory Dwelling Units - Definitions) of the Town Code. The Zoning Regulations do not currently allow junior accessory dwelling units; however, the new State law requires jurisdictions to allow junior accessory dwelling units. State law defines a junior accessory dwelling unit as a dwelling unit that does not exceed a floor area of 500 square feet and is contained within the space of a proposed or existing primary dwelling. A junior accessory dwelling unit must include a small food preparation area; however, it may share sanitation facilities with the primary dwelling. The draft Ordinance (Exhibit 2) includes a junior accessory dwelling unit definition to conform to the new State law. Section 29.10.320.(b) – Design and development standards Subsection (1) Number The Zoning Regulations currently state that only one accessory dwelling unit may be permitted on a lot. On single- or two-family lots, the new State law requires at least one junior accessory dwelling unit and one detached accessory dwelling unit to be allowed. On multi-family lots, the new State law requires at least a number equal to 25 percent of the existing multi-family dwelling units rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as livable space, and two detached PAGE 3 OF 6 SUBJECT: Accessory Dwelling Units DATE: February 21, 2020 DISCUSSION (continued): accessory dwelling units to be allowed. These requirements have been incorporated into the draft Ordinance (Exhibit 2) to conform to the new State law. Option On single- or two-family lots, the new State law does not require a junior accessory dwelling unit to be allowed with an attached accessory dwelling unit; nor does the new State law require a junior accessory dwelling unit to be allowed within a detached accessory structure or accessory dwelling unit. The Planning Commission may recommend allowing these options for the creation of junior accessory dwelling units with attached accessory dwelling units or within detached accessory structures or accessory dwelling units. Subsection (3) Setbacks Option A standard has been included in the draft Ordinance clarifying that no accessory dwelling unit may be constructed in front of a primary dwelling that is a historic resource, to prevent adverse impacts on historic resources. The Planning Commission may recommend allowing this option for the creation of accessory dwelling units in front of historic resources. New attached accessory dwelling units in all residential zones and detached accessory structures that exceed a floor area of 800 square feet in the HR and RC zones would continue to be required to comply with the setbacks of the zone for a primary dwelling. However, notwithstanding other standards, the new State law [Section 65852.2(e)] allows at least one detached accessory dwelling unit that does not exceed a floor area of 800 square feet and a height of 16 feet, with minimum rear and side setbacks of four feet. The current Zoning Regulations have minimum detached accessory dwelling unit rear and side setback standards of five feet. The draft Ordinance (Exhibit 2) revises the minimum detached accessory dwelling unit rear and side setback standards to four feet to conform to the new State law. Option The new State law does not require attached accessory dwelling units to be allowed minimum rear and side setback standards of four feet. The Planning Commission may recommend allowing this option for the creation of attached accessory dwelling units with minimum rear and side setback standards of four feet. PAGE 4 OF 6 SUBJECT: Accessory Dwelling Units DATE: February 21, 2020 DISCUSSION (continued): Subsection (4) Height Option A standard has been included in the draft Ordinance clarifying that an accessory dwelling unit may not be added to an existing second story of a primary dwelling that is a historic resource, to prevent adverse impacts on historic resources. The Planning Commission may recommend allowing this option for the creation of second story accessory dwelling units on historic resources. The Zoning Regulations currently limit the height of detached accessory dwelling units to 15 feet. The new State law allows a detached accessory dwelling unit that does not exceed a floor area of 800 square feet to have a maximum height of 16 feet. The draft Ordinance (Exhibit 2) revises the maximum height standard for detached accessory dwelling units to 16 feet to conform to the new State law. Subsections (5) Maximum unit size, (6) Floor area (FAR) standards, and (7) Lot coverage The proposed amendments would continue to regulate the size of accessory dwelling units up to a maximum of 1,200 square feet through floor area ratio (FAR) and maintain lot coverage standards. However, notwithstanding FAR and lot coverage standards, on a single- or two-family lot, the new State law allows at least an attached accessory dwelling unit that does not exceed a floor area of 800 square feet, or a junior accessory dwelling unit that does not exceed a floor area of 500 square feet; or a detached accessory dwelling unit that does not exceed a floor area of 800 square feet, and a junior accessory dwelling unit that does not exceed 500 square feet. On a multi-family lot, the new State law allows at least two detached accessory dwelling units that do not exceed a floor area of 800 square feet; and an accessory dwelling unit that does not exceed a floor area of 800 square feet that is contained within the portions of an existing multi-family dwelling that are not used as livable space. The draft Ordinance (Exhibit 2) incorporates these minimums to conform to the new State law. Subsection (8) Parking The Zoning Regulations currently address parking for accessory dwelling units in Section 29.10.150 (Number of off-street spaces required) and Section 29.10.320. The draft Ordinance would remove parking for accessory dwelling units from Section 29.10.150 (Number of off-street spaces required) and they would only be located in Section 29.10.320 of the Town Code. The new State law allows that when a garage is demolished, or rebuilt in the same location, in conjunction with the construction of an accessory dwelling unit, replacement spaces cannot be required. The draft Ordinance (Exhibit 2) will remove the requirement for replacement spaces to conform to the new State law. PAGE 5 OF 6 SUBJECT: Accessory Dwelling Units DATE: February 21, 2020 DISCUSSION (continued): Subsection (13) Conversion of existing floor area The current State law allows an accessory dwelling unit to be contained within the space of an existing structure. The new State law also allows an accessory dwelling unit to be contained within the space of a structure that is reconstructed in the same location and to the same dimensions as an existing structure. The new State law further allows an expansion of 150 square feet beyond the physical dimensions of the existing structure, to accommodate ingress and egress. The draft Ordinance (Exhibit 2) incorporates these provisions to conform to the new State law. B. Public Outreach Public input has been requested through the following media and social media resources: • A poster at the Planning counter at Town Hall; • The Town’s website home page, What’s New; • The Town’s Facebook page; • The Town’s Twitter account; • The Town’s Instagram account; and • The Town’s Next Door page. PUBLIC COMMENTS: At the time of this report’s writing, the Town has not received any public comment. CONCLUSION: A. Recommendation Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the draft Ordinance. The Commission should also include any comments or recommended changes to the draft Ordinance in taking the following actions: 1. Make the finding that the project is Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3) (Exhibit 1); 2. Make the required finding that the amendments to Chapter 29 of the Town Code in the draft Ordinance are consistent with the General Plan (Exhibit 1); and 3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the draft Ordinance (Exhibit 2). PAGE 6 OF 6 SUBJECT: Accessory Dwelling Units DATE: February 21, 2020 CONCLUSION (continued): B.Alternatives Alternatively, the Commission can: 1.Forward a recommendation to the Town Council for approval of the draft Ordinance with modifications; or 2.Forward a recommendation to the Town Council for denial of the draft Ordinance; or 3.Continue the matter to a date certain with specific direction. EXHIBITS: 1.Findings 2.Draft Ordinance 3.California Government Code Section 65852 PLANNING COMMISSION – February 26, 2020 REQUIRED FINDINGS FOR: Town Code Amendment Application A-20-001 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). 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. N:\DEV\FINDINGS\2020\ADU.DOCX EXHIBIT 1 This Page Intentionally Left Blank EXHIBIT 2 DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING ACCESSORY DWELLING UNITS WHEREAS, effective January 1, 2020, Assembly Bill 881, Assembly Bill 68, and Senate Bill 13 amended Government Code Section 65852 regarding accessory dwelling unit and junior accessory dwelling unit regulations, to further address barriers to the development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the Town of Los Gatos 2015-2023 Housing Element Enhanced Second Unit Program identified amending the Town Code to allow new second units to be affordable to lower income households on nonconforming residential lots and in the Hillside Residential Zone (Action HOU-1.2) as a strategy to accommodate the Town’s Regional Housing Needs Allocation (RHNA); and WHEREAS, the Town Council wishes to amend the Town Code to comply with State law and to address Action HOU-1.2 of the Town of Los Gatos 2015-2023 Housing Element; and WHEREAS, on February 26, 2020, the Planning Commission reviewed and commented on the proposed amendments regarding accessory dwelling units; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on February 26, 2020; and WHEREAS, on February 26, 2020, the Planning Commission reviewed and commented on the proposed amendments regarding accessory dwelling units and forwarded a recommendation to the Town Council for approval of the proposed amendments; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and come before the Town Council for public hearing on ____ _, ____; and WHEREAS, on ____ _, ____, the Town Council reviewed and commented on the proposed amendments regarding family daycare home regulations and the Town Council voted to introduce the Ordinance. Draft Ordinance: subject to modification by Town Council based on deliberations and direction 2 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 29 of the Town Code is hereby amended to read as follows: ARTICLE I. DIVISION 1. MISCELLANEOUS Sec. 29.10.020. - Definitions. ….. Accessory dwelling unit means a detached or attached dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and is generally smaller and located on the same parcel as the primary dwelling unit. An accessory dwelling unit also includes efficiency units and manufactured homes. (1)A detached accessory dwelling unit is physically separate from the primary dwelling unit. (2)An attached accessory dwelling unit is physically attached to the primary dwelling unit. ….. ARTICLE I. DIVISION 4. PARKING Sec. 29.10.150 (c). Number of off-street spaces required. ….. (2)Accessory dwelling units . One parking space 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. These spaces may be provided in a front setback on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary residence may be located in any configuration on the same lot as the accessory dwelling unit, including as tandem spaces, or by the use of mechanical automobile parking lifts. a.Exceptions. No parking spaces shall be required if the accessory dwelling unit meets any of the following criteria: 1.The accessory dwelling unit is located within one-half mile of a public transit stop. 3 2. The accessory dwelling unit is located within an architecturally and historically significant historic district. 3. The accessory dwelling unit is within the existing space of a primary residence or an existing accessory structure. 4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. 5. When there is a car share vehicle (as defined by the California Vehicle Code) located within one block of the accessory dwelling unit. 6. When the Director finds that the lot does not have adequate area to provide parking. ….. ARTICLE I. DIVISION 7. ACCESSORY DWELLING UNITS Sec. 29.10.305. Intent and authority. This division is adopted to comply with amendments to State Law § 65852.2 and 65852.22 which mandates that applications for accessory dwelling units be considered ministerially without a public hearing; and sets Town standards for the development of accessory dwelling units in order to increase the supply of affordable housing in a manner that is compatible with existing neighborhoods. Sec. 29.10.310. Definitions. Accessory dwelling unit. An accessory dwelling unit is a detached or attached dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and is generally smaller and located on the same parcel as a proposed or existing primary dwelling. An accessory dwelling unit also includes efficiency units and manufactured homes. (1) A detached accessory dwelling unit is physically separate from a primary dwelling. (2) An attached accessory dwelling unit is contained within the space of and/or physically attached to a proposed or existing primary dwelling. ….. Junior accessory dwelling unit. A junior accessory dwelling unit is a dwelling unit that does not exceed a floor area of 500 square feet and is contained within the space of a proposed or existing single-family or two-family primary dwelling. It shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. It may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. ….. 4 New accessory dwelling unit . A new accessory dwelling unit is an attached (with either an interior or exterior entrance) or a detached unit, created after December 31, 1987, which includes permanent provisions for living, sleeping, eating, cooking, and sanitation, and is generally smaller and located on the same parcel as the dwelling unit. An accessory dwelling unit also includes efficiency units and manufactured homes. Sec. 29.10.315. Reserved. Sec. 29.10.320. New accessory dwelling units. (a) Incentive program. Any accessory dwelling unit developed under an Incentive Program which may be established by Resolution of the Town Council shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A deed restriction shall be recorded specifying that the accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than 80 percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling unit. (b) Design and development standards. (1) Number. Only Not more than either one (1) attached accessory dwelling unit or one (1) junior accessory dwelling unit; or a combination of one (1) detached accessory dwelling unit and one (1) junior accessory dwelling unit; may be permitted on a lot with a proposed or existing primary dwelling. Not more than a number equal to 25 percent of the existing multi-family dwelling units rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as livable space, and two (2) detached accessory dwelling units, may be permitted on a lot with a proposed or existing multi-family dwelling. No additional accessory dwelling unit is allowed upon a lot with an existing accessory dwelling unit. (2) Permitted zones. Accessory dwelling units are allowed on lots in the R-1, R-D, R-M, R-1D, RMH, HR, and RC zones, or include an existing primary dwelling. (3) Setbacks. Attached accessory dwelling units shall comply with the setbacks of the zone for a primary dwelling unit. No accessory dwelling unit may be constructed in front of a primary dwelling that is a historic resource. No detached accessory dwelling unit may be placed in front of the primary dwelling unit in the R-1, R-D, R-M, RMH, and R-1D zones. 5 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) four (4) feet in the R-1, R-D, R-M, RMH, and R-1D zones. c. Setbacks from any other structure located on the same lot of five (5) feet. d. Setbacks for a primary dwelling and located within the Least Restrictive Development Area (LRDA), in the HR and RC zones. (4) Height. Accessory dwelling units shall not exceed one (1) story in height, and shall not exceed fifteen (15) sixteen (16) feet in height, unless the accessory dwelling unit is contained within the existing two-second story space of a primary dwelling unit or accessory structure; added to an existing two-second story of a primary dwelling unit that is not a historic resource; or added directly above an existing one-story accessory structure on a property with an existing two-story primary dwelling unit in the R-1, R-D, R-M, RMH, and R-1D zones. (5) Maximum unit size and maximum number of bedrooms. The maximum floor area of an accessory dwelling unit is 1,200 square feet. The maximum number of bedrooms is two (2). Detached accessory dwelling units exceeding a combined square footage of 450 square feet in the R-1, R-D, R-M, RMH, and R-1D zones shall not be subject to the Administrative Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined square footage of 600 or 1,000 square feet in the HR and RC zones shall not be subject to Development Review Committee or Planning Commission approval. (6) Floor area ratio (FAR) standards. All accessory dwelling units (attached or detached) are allowed a ten (10) percent increase in the floor area ratio standards for all structures, excluding garages; except, notwithstanding the FAR standards in this subsection, an accessory dwelling unit that does not exceed a floor area of 800 square feet shall be permitted. (7) Lot coverage. Accessory dwelling units must comply with lot coverage maximums for the zone; except, with regard to the. notwithstanding the lot coverage standards in this subsection, an accessory dwelling unit that does not exceed a floor area of 800 square feet shall be permitted. 6 (8) Parking. One (1) accessory dwelling unit parking space per unit or bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling. These spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem 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 a new accessory dwelling unit. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall not be required to be replaced. may be located in any configuration on the same lot as the accessory dwelling unit, including as tandem spaces, or by the use of mechanical automobile parking lifts. a. Exceptions. No parking spaces shall be required if the accessory dwelling unit meets any of the following criteria: 1. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop. 2. The accessory dwelling unit is located within an architecturally and historically significant historic district. 3. The accessory dwelling unit is within the existing space of a primary dwelling or an existing accessory structure. 4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. 5. When there is a car share vehicle (as defined by the California Vehicle Code) located within one block of the accessory dwelling unit. 6. When the Director finds that the lot does not have adequate area to provide parking. (9) Design, form, materials, and color. The design, form, roof pitch, materials, and color of a new accessory dwelling unit shall be compatible with the primary dwelling unit and the neighborhood. Entrances serving the accessory dwelling unit shall not be constructed on any elevation facing a public street. Accessory dwelling units shall retain the single-family residential appearance of the property. (10) Town codes and ordinances. All accessory dwelling units shall comply with all the provisions of this chapter and other applicable Town codes. 7 (11) Building codes. The accessory dwelling unit shall comply with applicable building, health and fire codes. The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. (12) Denial. An application may be denied if it does not meet the design and development standards. An application may also be denied if the following findings are made: a. Adverse impacts on health, safety, and/or welfare of the public. (13) Conversion of existing floor area . An attached accessory dwelling unit or a junior accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within the existing space of a primary dwelling, or constructed in substantially the same location and manner as an existing primary dwelling unit or. A detached accessory dwelling unit shall be permitted if contained within the existing space of an accessory structure, or constructed in substantially the same location and manner as an existing accessory structure. The following provisions shall apply: a. The accessory dwelling unit shall be located on a lot zoned to allow single-family, two-family, or multi-family residential within a zone for a single-family use. b. The accessory dwelling unit shall have separate entrance from the primary dwelling unit. c. The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety. d. No parking spaces shall be required for the accessory dwelling unit. e. An expansion of 150 square feet beyond the physical dimensions of the existing structure, limited to accommodating ingress and egress, shall be permitted. f. When an existing structure is non-conforming as to setback standards and converted to an accessory dwelling unit, any expansion of that structure may not be nearer to a property line than the existing building in accordance with section 29.10.245. ….. 8 SECTION II With respect to compliance with the California Environmental Quality Act (CEQA), the Town Council finds as follows: A. These Town Code amendments are not subject to review under CEQA pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendment to the Town Code would have significant impact on the environment; and B. The proposed Town Code amendments are consistent with the General Plan and its Elements. SECTION III If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidly shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This Town Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. 9 SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 2020, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 2020. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ This Page Intentionally Left Blank