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HomeMy WebLinkAboutOrdinance 355 - Amending the City Code related to Accessory Dwelling UnitsOrdinance No. 355 An Ordinance Adopting Amendments to the City Code Related to Accessory Dwelling Units Pursuant to 2017 State Legislation The City Council of the City of Saratoga finds that: 1. The City General Plan contains policies and objectives supporting accessory (second) dwelling units, to create additional opportunities to provide housing for people of all ages and economic levels; 2. Since at least 2003 the City Code has contained provisions to help achieve the goals and policies of the Housing Element of the General Plan; 3. In 2016 the State Legislature adopted SB 1069, AB 2299, and AB 2406 requiring cities and counties to apply uniform state standards to applications for accessory dwelling units or to modify local ordinances in accordance with new requirements and created new laws regarding "junior accessory dwelling units" and the City of Saratoga adopted the requisite amendments in Ordinance 384 on December 21, 2016; 4. In 2017 the State Legislature adopted SB 229 and AB 494 requiring further amendments to local ordinances; 5. The City desires to make further amendments to update its City Code to assure compliance with the State accessory dwelling unit legislation by considering and adopting this Ordinance; 6. Accessory dwelling units allowed by this ordinance are an accessory use to the main dwelling unit and therefore consistent with the General Plan and zoning ordinance, not considered a new residential use, and do not count toward density limitations. 7. 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 find that the proposed amendments to the City Code comply with the State legislation described above and are consistent with the City of Saratoga General Plan and that the City Council adopt the amendments to the Accessory Dwelling Unit Ordinance; 8. The City Council of the City of Saratoga held a duly noticed public hearing on May 16, 2018, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. The City Council adopted this ordinance after a second reading was waived at a duly noticed public meeting on June 6, 2018. 2018 Accessory Dwelling Units Ordinance Page 1 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 Dwelling Units is exempt from CEQA. California Public Resources Code, Section 21080 .17 and California Code of Regulations, Title 14, Section 15282(h), statutorily exempt an ordinance by the City to implement the provisions of Government Code Section 65852.2. This ordinance is also exempt under California Code of Regulations, Title 14, Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential of causing a significant effect on the environment, and that where, as here, it can be seen with certainty that there is no reasonable possibility that the 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. [Continued on Next Page] 2018 Accessory Dwelling Units Ordinance Page 2 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 May 16, 2018 , and was adopted by the following vote on June 6, 2018 . COUNCIL MEMBERS: AYES: Mayor Mary-Lynne Bernald , Vice Mayor E . Manny Cappello , Council Members Howard A. Miller, Emily Lo , Rishi Kumar NAYS: ABSENT: ABSTAIN: SIGNED: AT~/£ T' Date: Nora Pimentel , MMC , City Clerk APPROVED AS TO FORM: -~ - Date: RICHARD TAYLOR, CITY ATTORNEY Exhibit A -An Ordinance Adopting Amendments to the City Code Related to Accessory Dwelling Units Article 15-56-ACCESSORY DWELLING UNITS 15-56.010 -Purpose. Page 4 The purpose of this Article is to authorize the establishment of accessory dwelling units and junior accessory dwelling units in 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 accessory dwelling units and junior 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 as defined in Article 15-06. (2) Junior accessory dwelling unit as defined in Article 15-06. (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. (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. (5) Tandem parking means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. 15-56.020 -One accessory dwelling unit or junior accessory dwelling unit per lot. Only one accessory dwelling unit or junior accessory dwelling unit shall be allowed on any one lot and only if the lot is zoned for single-family use and contains an existing or concurrently approved, single-family dwelling unit. The accessory dwelling unit or junior accessory dwelling unit is an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use. 15-56.030 -Development standards. Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall comply with all of the following development standards: (a) Newly constructed accessory dwelling unit that adds floor area. Each newly constructed accessory dwelling unit that adds floor area to a lot is required to satisfy the following criteria: (1) Lot size. The net site area of the lot upon which the accessory dwelling unit is located shall not be less than ninety percent of 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. 2018 Accessory Dwelling Units Ordinance Page 4 Page 5 (2) Building codes. The accessory dwelling unit shall comply with applicable building, health and fire codes. (3) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, floor area limits, site 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 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 or concurrently approved main dwelling (including being located within the living area of the existing or concurrently approved main dwelling) or (ii) detached from the existing or concurrently approved main dwelling and located on the same lot as the existing main dwelling. (6) Floor Area. a. The maximum floor area limit for an accessory dwelling unit shall be as follows: 1. an attached accessory dwelling unit, shall not exceed 50 percent of the existing or concurrently approved living area, with a maximum size of 1,200 square feet, not including the garage. 11. a detached accessory dwelling unit, shall not exceed 1,200 square feet of living space, not including the garage. b. If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed. c. 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 garage. Notwithstanding other setback requirements in the City Code, a setback as low as five feet from the side and rear lot lines shall be allowed for an accessory dwelling unit that is constructed above a garage 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, one off-street covered parking space within a garage shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. If the garage requirement is waived, an open off-street parking space must be provided. b. No parking space shall be required for an accessory dwelling unit in any of the following instances: 2018 Accessory Dwelling Units Ordinance Page 5 Page 6 1. 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; 111. The accessory dwelling unit is part of the existing or concurrently approved main dwelling or an existing residential accessory structure intended for human habitation; 1v. 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 parking spaces, located within one block of the accessory dwelling unit; or vi. The unit is permitted as a junior accessory 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-street parking spaces required for the main dwelling must be replaced with 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). (9) Access. The accessory dwelling unit shall be served by the same driveway access to the street as the existing or concurrently approved main dwelling. (10) Common entrance. If the accessory dwelling unit is attached to the main dwelling, both the accessory dwelling unit and the main dwelling must be served by either a common entrance or a separate entrance to the 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. (13) 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) Limitation on number of bedrooms. An accessory dwelling unit may not have more than two bedrooms. (15) Appearance. All new construction to create an accessory dwelling unit must match the existing or concurrently approved main structure in color, materials and architectural design. (16) Sewage disposal. An accessory dwelling unit shall be connected to a public sewer system. 2018 Accessory Dwelling Units Ordinance Page 6 Page 7 (b) Accessory dwelling unit constructed within existing floor area. (1) Conversion of existing floor area. Each application for a building permit to convert existing floor area of a single-family dwelling or accessory structure to an accessory dwelling unit shall comply with the following standards: a. The accessory dwelling unit must: b. 1. Be located within an area zoned for single-family residential use; 2. Be contained within the existing space of a single-family dwelling or accessory structure, including, but not limited to, a studio, pool house, or other similar structure; 3. Have independent exterior access from the existing main dwelling; 4. Not be intended for sale, or sold, separately from the main dwelling; 5. Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and 6. Comply with all building codes and health and safety regulations. Parking. 1. 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, any lost off-street parking spaces required for the main dwelling must be replaced with off-street covered parking. 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. c. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers only if they are required for the main dwelling. d. Converted garage setbacks. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. (2) Creation of a junior accessory dwelling unit within existing floor area. Each application for a building permit to convert existing floor area of a single-family dwelling or accessory structure to a junior accessory dwelling unit shall comply with the following standards: a. Owner-occupation. The lot containing the junior accessory dwelling unit shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners' Property Tax Exemption. The junior accessory dwelling unit 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. Owner occupation is not required if the owner is another governmental agency, land trust, or housing organization. 2018 Accessory Dwelling Units Ordinance Page 7 Page 8 b. The junior accessory dwelling unit shall be located within an area zoned for single-family use. c. The junior accessory dwelling unit shall be constructed within the existing walls of an existing single-family structure. d. The junior accessory dwelling unit shall include one existing bedroom constructed as part of an existing single-family structure. e. The junior accessory dwelling unit shall have a separate exterior entrance from the main entrance, with an interior entry to the main living area. A second interior doorway may be used for sound attenuation. f. The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include all of the following: 1. A sink with a maximum waste line diameter of 1.5 inches; ii. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. g. The junior accessory dwelling unit shall have side and rear setbacks sufficient for safety, as determined by the fire agency having jurisdiction. h. The junior accessory dwelling unit must comply with all building codes and health and safety codes. 1. Deed restriction. The lot upon which the junior accessory dwelling unit is located shall be deed restricted, which shall run with the land and be filed with the Community Development Department. The deed restriction shall include the following: 1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. 11. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with subsection 15-56.030(b )(2). J. Parking. No additional parking shall be required as a condition to grant a permit for the creation of a junior accessory dwelling unit. 15-56.035 -Permitting (a) Construction of an accessory dwelling unit that adds 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 adds floor area to the site and meets all the criteria in subsection 15-56.030(a) and none of the criteria in subsection 15-45.060(a). (b) Creation of accessory dwelling unit within existing floor area. Within 120 days of receipt of a complete application, the Community Development Department shall ministerially 2018 Accessory Dwelling Units Ordinance Page 8 Page 9 process for approval application for a building permit for an accessory dwelling unit that is built entirely within the floor area of an existing structure and that meets all the criteria in subsection l 5- 56.030(b )(1 ). ( c) Creation of a junior accessory dwelling unit. 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 junior accessory dwelling unit that meets all the criteria in subsection 15-56.030(b )(2). 15-56.040 -Inspections of legalized accessory dwelling units and junior accessory dwelling units. (a) Where the application is for legalization of any existing accessory dwelling unit or junior accessory dwelling unit under Section 15-56.050, an inspection of the property shall be conducted to determine that the existing accessory dwelling unit or junior accessory dwelling unit under Section 15-56.050 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) 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 accessory dwelling unit or junior accessory dwelling unit or the legalization of an existing accessory dwelling unit or junior 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 accessory dwelling units and junior accessory dwelling units. (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Accessory dwelling units and junior 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 accessory dwelling units and junior 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 accessory dwelling units or junior 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 accessory dwelling units and junior accessory dwelling units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to accessory dwelling units or junior 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 accessory dwelling unit or junior accessory dwelling unit established from and after February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article. 2018 Accessory Dwelling Units Ordinance Page 9 Page 10 ( c) Contents of application. Application to legalize an existing accessory dwelling unit or junior accessory 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) (2) A vicinity map showing the location of the site. An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces on the site. (3) Inspection reports by the City or an independent contractor, as required under Section 15-56.040 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 (6) engineer qualified in soil mechanics. If the existing accessory dwelling unit or junior 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 accessory dwelling units and junior accessory dwelling units shall comply with the following standards: (1) (2) Where the accessory dwelling unit or junior accessory dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that the accessory dwelling unit or junior accessory dwelling unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazards. In lieu of compliance with the Uniform Building Code, the accessory dwelling unit or junior accessory dwelling unit shall comply 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 accessory dwelling unit or junior accessory 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 accessory dwelling unit or junior 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 accessory dwelling unit or junior accessory dwelling unit. ( 4) Where the accessory dwelling unit or junior accessory 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 the applicant's successors will be obligated to connect the accessory dwelling unit or junior accessory dwelling unit, and 2018 Accessory Dwelling Units Ordinance Page 10 Page 11 the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay the applicant's or the applicant's successors' proportionate share of the installation cost. ( e) Disqualified existing units. Any accessory dwelling unit or junior 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 accessory dwelling unit or junior accessory dwelling unit shall comply with the standards set forth in subsection ( d) of this Section. (2) The existing accessory dwelling unit or junior 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 accessory dwelling unit or junior accessory 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. 2018 Accessory Dwelling Units Ordinance Page 11 Page 12 OTHER INCIDENTAL CHANGES 15-11.060 -Site Density Each lot shall have not less than two and one-half acres of net site area for each dwelling unit on the lot, excluding one accessory dwelling unit or one junior accessory dwelling unit. 15-12.20 -Permitted uses. ( d) 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 swimming pool equipment and one accessory dwelling unit, one junior accessory dwelling unit, or one guest house. 15-12.040 -One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for one accessory dwelling unit or one junior accessory dwelling unit permitted pursuant to Article 15-56 of this Chapter. 15-13.030 -Permitted uses. The following permitted uses shall be allowed in the HR district: ( 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 swimming pool equipment and one accessory dwelling unit, one junior accessory dwelling unit, or one guest house. 15-13.045 -One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for one accessory dwelling unit or one junior accessory dwelling unit permitted pursuant to Article 15-56 of this Chapter. 15-13.110 -Accessory uses and structures. Accessory uses and structures shall comply with the special rules as set forth in Section 15- 80.030 and Article 15-56 of this Chapter, as applicable. 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 an accessory dwelling unit, the approving authority may permit tandem parking, as defined in subsection 15-56.015(5). 15-06.240 -Dwelling. ( e) Junior accessory dwelling unit is a unit that is no more than 500 square feet in size, contained entirely within an existing single-family structure, and that meets all requirements set forth in subsection 15-56.030(b)(2). A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 962147.2 2018 Accessory Dwelling Units Ordinance Page 12 CITY OF SARATOGA ORDINANCE CERTIFICATE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF SARATOGA CERTIFIED COPY OF ORDINANCE ADOPTION I, Nora Pimentel, City Clerk for the City of Saratoga in said County of Santa Clara, and State of California, do hereby certify that the attached is a true and correct copy of Ordinance No. 355, adopted by the Saratoga City Council on June 6, 2018 by the following vote: AYES: Bernald, Cappello, Miller, Lo, Kumar NOES: ABSTAIN: ABSENT: ~Ordinance D Summary Ordinance Full Text I hereby further certify that a summary of the ordinance was published in accordance with Government Code Section 36933 on the following dates: May 4, 2018 and May 25, 2018 and June 15, 2018. Said ordinance shall be effective July 6, 2018. I hereby further certify that the full text of the ordinance was published in accordance with Government Code Section 36933 on the ---- Said ordinance shall be effective ---- Dated this 7th day of June 2018.