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HomeMy WebLinkAboutOrdinance 348 - Accessory Dwelling UnitsOrdinance No 348 An Ordinance Adopting Amendments to the City Code Related to Accessory (Second) Dwelling units Pursuant to 2016 State Legislation The City Council of the City of Saratoga finds that - 1. The State of California adopted new legislation in October 2016 requinng cities to update local regulations related to Accessory (Second) Dwellmg Umts and Junior Accessory Dwellmg Umts by January 1, 2017, and 2 The City General Plan contains policies and objectives supporting accessory (second) dwelhng units, to create additional opportunities to provide housing for people of all ages and economic levels. 3. The City Code has contained provisions to help achieve the goals and policies of the Housing Element of the General Plan smce at least 2003 4. The City desires to make amendments to update the City Code to assure compliance with the 2016 State Legislation, and 5. An opportunity for public participation was provided through a Planning Commission Study Session held on November 1, 2016 and a duly noticed Public Hearing on November 9, 2016, and 6 The Planning Commission considered the draft Ordinance, supporting documents, the Staff Report, CEQA exemption, and all testimony and other evidence presented at the Public Hearing, and recommended that the City Council fmd that the proposed amendments to the City Code comply with the 2016 State Legislation and are consistent with the City of Saratoga General Plan, and 7. The City Council of the City of Saratoga held a duly noticed public hearing on December 21, 2016, and after considering all testimony and wntten matenals provided in connection with that heanng introduced this ordinance and waived the reading thereof. The City Council adopted this ordinance at a duly noticed public meeting on January 18, 2017 The City Council of the City of Saratoga does ordain as follows. Section 1. Adoption. The Saratoga City Code is hereby amended as set forth in Attachment A Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act ("CEQA"), this action to update the City Code regarding Accessory (Second) Dwelling Units is exempt under Califona Code of Regulations, Title 14, Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential of causing a sigmficant effect on the environment, and that where, as here, it can be seen with certainty that there is no reasonable possibility that the 2016 Accessory (Second) Dwelling Units Ordinance Page 1 activity in question may have a significant effect on the environment, the activity is not subject to CEQA Section 3. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub -section, sentence, clause, and phrase of this ordinance If any section, sub- section, paragraph, sub -paragraph, sentence, clause, or phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. A summary of this Ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption Following a duly noticed public hearing, the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on December 21, 2016, and was adopted by the following vote on January 18, 2017 AYES Mayor Emily Lo, Council Members E Manny Cappello, Howard A Miller, Rishi Kumar NOES ABSENT Vice Mayor Mary -Lynne Bernald ABSTAIN Emily Lo MAYOR OF THE CITY OF SARATOGA ATTEST CAtaA Cryst�l1 Bothelio CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY Date- \ ! X01 '3 t_1 Date• ) J1( 2016 Accessory (Second) Dwelling Units Ordinance Page 2 Attachment A — An Ordinance Adopting Amendments to the City Code Related to Accessory' (Second) Dwelling Units The sections of the Saratoga Municipal Code as set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double -underlined text (example) and text to be deleted in shown in strikethrough (elle) Text in italics is explanatory and is not an amendment to the Code Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text This Ordinance amends several portions of the Municipal Code For ease of review, the amendments advancing the primary objective are presented first followed by conforming amendments. There is a separate heading in bold underlined italics for each portion of the Code being amended 1. Amendments to Article 15-56 — SECOND DWELLING UNITS Article 15-56 — SECOND -ACCESSORY DWELLING UNITS 15-56.010 - Purpose. The purpose of this Chapter -Article is to authonze the establishment of seeenaccessory dwelling units m single-family residential zoning 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 seeend-accessory dwelling units will promote a stable heterogeneous community with a balanced social and economic mix. 15-56.015 — Definitions The following definitions apply only to this Article: (1) Accessory dwelling unit is defined in Article 15-06. (2) ".Junior accessory dwelling unit" is a type of accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single- family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (3) "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. 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 1 4) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 15-56.020 - One second accessory dwelling unit per site -lot. Only one seeenaccessory dwelling unit or junior accessory dwelling unit shall be allowed on any one slot and only if the lot is zoned for single-family use and contains an existing, single-family dwelling unit. 15-56.030 - Development standards. Except as otherwise provided m Section 15-56 050, each seeend-accessory dwelling unit shall comply with all of the following development standards (a)Newly constructed accessory dwelling unit. Except as otherwise provided in this Article, each newly constructed accessory dwelling unit is required to satisfy the following criteria: Lot size The net site area of the lot upon which the seeend-accessory dwelling unit is located shall not be less than ninety percent of the mimmum standard prescnbed 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 (2) Building codes. The seeend-accessory dwellmg umt shall comply with applicable building, health and fire codes (3) Zoning regulations. The -Unless otherwise provided in this Article, the seeend accessory dwelling umt shall comply with applicable Toning regulations (including, but not limited to, required setbacks, floor area limits, site coverage, and height limits) A one-time ten percent mcrease in site coverage and allowable floor area may be granted by the Community Development Director if the new seeend accessory dwelling unit is deed restricted so that it may only be rented to below market rate households 4 Sale prohibited. The unit shall not be intended for sale, or sold, separately from the main dwelling, (5) . Location and configuration. The accessory dwelling unit must be either (i) attached to the existing main dwelling (including being located within the living area of the existing main dwelling) or (ii) detached from the existing main dwelling and located on the same lot as the existing main dwelling. (6) Floor Area. 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 2 (A) The minimum floor area of any accessory dwelling unit shall be 400 square feet. (B) The maximum floor area limit for an second dwelling unit shall be as follows: �. an attached accessory dwelling unit, shall not exceed 50 percent of the existing living area, with a maximum size of 1,200 square feet, not including the garage. IL a detached accessory dwelling unit, shall not exceed X1,200 square feet of living space, not including the garage. (C) If a-an sesenaccessory dwelling unit has a basement or an attic, the -that area of the basemen* is included as part of the total maximum floor area allowed (D) Floor area limit. Both the accessory dwelling unit and the main dwelling unit shall count toward the total floor area limit set by applicable zoning regulations. (7) Construction above guag • i i. i hstandin • i the • s : , • i it • m • nts in the City Code, a setback as low as five feet from the side and rear lot lines shall be allowed for an accessory dwellin ' nit that is constr • I : ) • : • : r_ • • that is non-conforming as to setbacks. (8) Parking. Parking requirements for an accessory dwelling unit shall be as follows; (A) Unless otherwise provided in this section, a minimum of one off-street covered parking space within a garage shall be provided for the sesend accessory dwellmg umt in addition to the off-street covered parking spaces required for the mam dwelling. The garage requirement may be waived if the seeenc accessory dwelling umt is deed restricted so that t it.may only be rented to below market rate households If the garage requirement is waived, an open off-street parkmg space must be provided (B) No parking space shall be required for an accessory dwelling unit in any of the following instances: �. The accessory dwelling unit is located within one-half mile of a major transit stop, as defined in California Public Resources Code § 21064.3 or included in the regional transportation plan; 11. The accessory dwelling unit is located within a designated historic district; in. The accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure intended for human habitation; iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; v. When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 3 parking spaces, located within oneblock of the accessory dwelling unit; or vi. The unit is permitted as a junior accesso dwelling unit. (C) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off - r rkin _' . es r i uir s i m , in s wellin • must b r off-street covered parking. However, the construction of additional parking will not be required for the accessory dwelling unit in any of the instances described in subsection 15-56.030(a)(8)(B), a) Access. The seeend-accessory dwelling umt shall be served by the same dnveway access to the street as the existing main dwelling. (10) Common entrance. If the seeenaccessory dwelling unit is attached to the main dwelling, both the secend-accessory dwelling umt and the main dwelling must be served by either a common entrance or a separate entrance to the sesend-accessory dwelling unit must be located on the side or at the rear of the main dwelling (11) Fire sprinklers. An accessory dwelling unit may be required to provide fire sprinklers, but only if they are required for the main dwelling. (12) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. j) Owner -occupation. The lot containing the accessory dwelling unit shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners' Property Tax Exemption. The accessory dwelling must be vacated within one year after the termination of the owner -occupier's Homeowners' Property Tax Exemption, unless and until an owner -occupier reobtains the Homeowner's Property Tax Exemption. (14) Limitations -on number of bedrooms. A -An second dwelling unit may not have more than two bedrooms J) Appearance. All new construction to create a- seeond-accessory 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) (16) Sewage disposal. An accessory dwelling unit shall be connected to a public sewer system, NPermitting Construction of additional floor area. Within 120 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a newly created accessory dwelling unit that meets all the criteria in subsection 15-56.030(a). 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 4 (2) Conversion of existing floor area. The following provisions shall apply to a complete application for a building permit to convert existing floor area of a single-family dwelling or accessory structure to an accessory dwelling unit: i. The Community Development Department shall ministerially approve within 120 days any complete application for an accessory dwelling unit building permit. ii. The accessory dwelling unit must: 1. be located within a single-family residential zone; 2. be contained within the existing space of a single-family dwelling or accessory structure; 3, have independent exterior access from the existing main dwelhng; 4. have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and 5. comply with all building codes and health and safety regulations. u�. Parking, 1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off-street parking spaces required for the main dw Ili u _ - arkin 2. No additional parking will be required for the accessory dwelling unit in instances where the accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure intended for human habitation. w. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers only if they are required for the main dwelling. v. Converted garage setbacks. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. vi. Junior accessory dwelling unit. One junior accessory dwelling unit may be permitted that complies with all provisions contained in Government Code § 65852.22 and all applicable building, health, fire, and zoning codes, provided that the single-family residential lot does not already contain an accessory dwelling unit or junior accessory dwelling unit. 15-56.040 - Inspections. (a) Where the application is for legalization of air -any existing seeend-accessory dwelling unit or approval of a proposed accessory dwelling unit to be attached to the main dwelling, an inspection 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 5 of the property shall be conducted to determine that the existing or proposed second accessory dwelling unit, and any main dwelling to which a- seeenc accessory dwelling unit will be attached by a common wall, will comply with all applicable building, health, fire and zomng 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 seeend-accessory dwelling unit and a main dwelling, to which a-an_seeend accessory dwelling unit will be attached by a common wall, shall be reviewed by the Fire Marshal or his -the Fire 114afshaills-Marshal's designated representative. Any recommendations by the Fire Marshall -Marshal shall be included as conditions for the granting of a building permit. Such recommendations may include the connection of the sesend-accessory dwelhng unit to an existing or proposed early warning fire alarm system mstalled m the main dwelling (c) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone actmg in its behalf, of any liability with respect to the physical condition of the property, nor shall the authorization to construct a new seeend-accessory dwelling unit or the legalization of an existing seeend-accessory 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 and fire codes 15-56.050 - Legalization of existing second -accessory dwelling units. (a) Purpose of Section. It is in the public interest that all residents of the City live m safe, sanitary housing conditions Seeend-Accessory 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 -accessory 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 seeend-accessory 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 -accessory dwellmg units that are or can be made fit for human occupancy (b) Scope of Section. This Section shall apply only to seeend-accessory 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 seeend accessory dwelling unit established from and after February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 6 (c) Contents of apphcahon. Application to legalize an existing seeenaccessory dwelling umt shall be filed with the Community Development Director on such form as shall be prescribed The application shall be accompamed by the following (1) A vicimty map showing the location of the site (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces on the site (3) Inspection reports by an independent contractor and the Fire tel -Marshal. 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 mtervals 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 seeend-accessory 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 secend-accessory dwelling umts shall comply with the following standards. (1) Where the seem accessory dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director that the seeend accessory dwelling unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazards. (2) In lieu of compliance with the Uniform Building Code, the seeend-sccessory dwelling umt shall comply with the Umform 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 seeenaccessory 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 seeend-accessory dwelling unit shall be screened from view from the street, if possible, otherwise, the driveway on the site may be utilized as a parking space for the seeend-accessory dwelling unit. (4) Where the seeenc $ccessory 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 -the applicant's successors will be obligated to connect the seeend accessory dwelling unit, and the main dwelling if also served by a septic system, to a 2016 Accessory (Second) Dwelling Urats Ordinance — Attachment A Page 7 sanitary sewer whenever the same becomes available and to pay lithe applicant's or the applicant's successors' proportionate share of the installation cost (e) Disqualified existing units. Any sesend-accessory 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 accessory dwelling unit shall comply with the standards set forth in subsection (d) of this Section. (2) The existing second accessory 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 seeeidaccessory 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 2016 Accessory (Second) Dwelling Units Ordinance —Attachment A Page 8 OTHER INCIDENTAL CHANGES 2. Amendments to Article 7-05 - GARBAGE DISPOSAL 7-05.020 - Definitions. (n) Single-umt dwellmg means one or more rooms and a smgle kitchen, designed for occupancy by one fanuly for residential purposes Each dwelling unit withm a condominium project, duplex, townhouse project or apartment, and each seeend-accessory dwelling umt, as defined in Chapter Section 15-06.240, shall constitute a separate single-umt dwellmg to which garbage collection service is provided or made available, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling umts upon the premises at commercial rates 3. Amendment Article 9-65 - HILLSIDE STREET REPAIR FEE 9-65.020 - Exemptions. (c) Accessory dwellmg umts, as defined in Chapter 15 4. Amendments to Article 14-05 - GENERAL PROVISIONS 14-05.060 - Exclusions from Chapter. (d) The construction, financmg or leasmg of a -second accessory dwelling unit, as defined in Chapter 15, but this Chapter shall be applicable to the sale or other transfer of ownership of such units where the sale or transfer does not include the entire site. 5. Amendments to Article 14-10 - DEFINITIONS 14-10.300 - Structure. (b) Accessory structure means a structure which is. (1) detached from the main structure on the lot such that the distance between any part of the two structures is thirty-six inches or more, (2) subordinate and incidental to, and customarily associated with, the main structure or the prmcipal use of the lot, and (3) located on the same lot as the main structure or prmcipal use. Notwithstanding the foregoing, an accessory dwelling umts-are lint jiD accessory sees Structure as that term is used in this Code 6. Amendments to Article 15-06 - DEFINITIONS 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 9 15-06.022 - Accessory structure. "Accessory structure" means a structure which is• (a) detached from any other structure such that the distance between any part of the two structures is thirty-six inches or more; and (b) incidental and subordinate to, and customarily associated with, the main structure or principal use on the lot. Notwithstanding the foregoing, a --n seeend-accessory dwellmg umts-are is not aaccessory stFustures structure as that term is used m this Code No accessory structure is permitted in any zone district in the absence of an existing or concurrently established main structure or pnncipal use on the lot. 15-06.240 - Dwelling. (d) Seeond-Accessory dwelling unit means an attached or detached residential dwelling umt, built or legalized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and samtation on a parcel-lQwrtlun the A, R-1, or HR distract where a legally created single-family dwelling is situated Seeend-Accessory dwelling umts are not to be sold separately from the prtmafy-ntain dwelling, but may be rented. An accessory dwelling unit also includes the following: (A)An accessory dwelling unit that is an efficiency unit as defined in Section 17958.1 of Health and Safety Code. (3)An acce i i llin . unit i : t a man f•. cture a home :. ' fin7 f the Health and Safety Code. 7. Amendments to Article 15-11 - A: AGRICULTURAL DISTRICT 1n 15-11.060 - Site density. Each lot shall have not less than two and one-half acres of net site area for each dwelling umt on the lot, excluding any second -accessory dwelling unit 8. Amendments to Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS 15-12.020 — Permitted uses. (c) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimnung pool equipment, one seeend accessory dwelling unit or one guest house. 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 10 15-12.040 — One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for a -an seeenaccessory dwelling unit 9. Amendments to Article 15-35 - OFF-STREET PARKING AND LOADING FACILITIES 15-35.030 - Schedule of off-street parking spaces. Use (a) Single-family dwelling, excluding secend-accessory dwelling units (b) Seeend-Accessory dwelling unit Spaces Required Two covered spaces within a garage. One covered space within a garage, except as otherwise provided in Article 15-56. 15-35.040 - Design standards for off-street parking facilities. (e) Each parking space shall be accessible from a street or alley, independent of any other parking space, provided, however, in the case of off-street parking for a single-family dwelling or a -an sesend-accessory dwelling unit, the approving authonty may permit tandem parking. 10. Amendments to Article 16-71- OCCUPANCY INSPECTIONS 16-71.010 - Definitions. (c) Single-family dwelling means a detached dwelling unit, or a condominium or townhouse unit, which is separately owned and intended for occupancy by one family A site containing a single- family dwelling as the main structure thereon and a -an seeand-accessory dwelling unit shall be treated as a single-family dwelling for purposes of this Article. 11. Amendments to Article 17-05 - EXISTING LAWS 17-05.010 - Greenhouse gas reduction policies. 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 11 (m) 15-56 Seeend-Accessory dwelling units. Section 15-56.030(4)(a allows additional site coverage and allowable floor area in a -an second dwelling unit, if that unit is deed restncted to only be rented to below market rate households 845628.2 2016 Accessory (Second) Dwelling Units Ordinance — Attachment A Page 12