Department of Housing and Community Development Housing Policy Development Division
2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833
Subject: Copy of newly adopted ordinance for Accessory Dwelling Units
To whom it may concern:
On March 7, 2016, the Concord City Council adopted Ordinance No. 17-2 to bring the regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units into compliance with State law and develop a process for evaluating sewer connection fees for different ADUs (Attachment 1, Exhibit A-O).
Jessica Gonzalez Assistant Planner
Attachment- 1. Ordinance 17-2
cc: Greg Nickless, Department of Housing and Community Development Paul McDougall, Department of Housing and Community Development Laura Simpson, Planning Manager
Michael Cass, Principal Planner: Long-Range & Sustainability Policy Frank Abejo, Principal Planner: Current Development
Victoria Walker, Director of Community Development
ORDINANCE NO. 17-2
CE T1FIED COPY
AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE AS
2 FOLLOWS: A TEXT AMENDMENT TO THE DEVELOPMENT CODE (PLl723-DC), REPEALING AND REPLACING SECTION 18.200.180
3 (SECONDARY LIVING UNITS) WITH SECTION 18.200.180 (ACCESSORY
DWELLING UNITS), AND AMENDING SECTIONS 18.200 (STANDARDS
4 FOR SPECIFIC USES), CHAPTER 18.20 (GENERAL TERMS), TABLE 18.30.020 (RESIDENTIAL DISTRICTS), TABLE 18.35.020 (NORTH TODOS
5 SANTOS DISTRICT), TABLE 18.40.020 (OFFICE AND COMMERCIAL
DISTRICTS), TABLE 18.45.020 (DOWNTOWN DISTRICTS), TABLE 18.50.020
6 (BUSINESS PARK AND INDUSTRIAL DISTRICTS) TABLE 18.55.020 (PUBLIC /QUASI-PUBLIC DISTRICT), TABLE 18.60.020 (COMMUNITY
7 LAND DISTRICTS), CHAPTER 18.420 (ADMINISTRATIVE PERMITS),
CHAPTER 18.415 (DESIGN AND SITE REVIEW), CHAPTER 18.160
- (PARKING LOADING AND ACCESS), CHAPTER 18.155.060 (DESIGN CRITERIA FOR SMALL LOT SINGLE-FAMILY SUBDIVISIONS), AND A
- TEXT AMENDMENT TO CONCORD MUNICIPAL CODE CHAPTER 13.05
- WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and
- all adopted City of Concord (“City“) zoning laws, ordinances, rules and regulations; and
- WHEREAS, on September 27, 2016, in an effort to address the State’s ongoing housing
- crisis, Governor Brown signed Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski) into
- law, which amended Government Code Section 65852.2 governing Accessory Dwelling Units; and
- WHEREAS, on September 28, 2016 Assembly Bill 2406 (Thurmond) was approved by
- Governor Brown, which authorizes a local agency to provide for the creation of Junior Accessory
- Dwelling Units (JADU) by ordinance; and
- WHEREAS, pursuant to state law, the City of Concord is required to amend existing Section
- 18.200.180 of the Development Code regulating Accessory Dwelling Units in order to bring the
- regulations into alignment with SB1069 and AB2299; and
- WHEREAS, in an effort to comply with state requirements, an amendment regulating
- Accessory Dwelling Units in alignment with the above noted state legislation is proposed and attached
- hereto as Exhibit A of this resolution to replace Section 18.200.180 in its entirety; and
- WHEREAS, in addition to Section 18.200. 180, state requirements also require additional
- amendments to the Development Code, as set forth in Exhibits B through N, and to the City’s
- Municipal Code, as set forth in Exhibit 0.
Ord.No. 17-2 1
- WHEREAS, such text amendment is in the form of the proposed Development Code and
- Municipal Code Text Amendments attached hereto as Exhibits A through 0 and incorporated by
- reference, in order to ensure compliance, consistency, and address minor term and definition changes
- (the amendments as indicated in Exhibits A through 0 are collectively referred to as “Amendment“);
- WHEREAS, the City has complied with the requirements of the Local Planning Law
- (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with
- respect to approval of amendments to Title 18 of the Concord Municipal Code (“Development
- Code”); and
- WHEREAS, said amendment is statutorily exempt from the requirements of the California
- Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and
- implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations
- (collectively “CEQA“) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines
- Section 15282(h) as the adoption of an ordinance regarding second units in a single-family or multi-
- family residential zone by the City to implement the provisions of Government Code Sections
- 65852.1 and 65852.2 is.exempt by statute from CEQA review; and
- WHEREAS, the City Council, after giving all public notices required by State Law and the
- Concord Municipal Code, held a duly noticed public hearing on March 7, 2017, on the proposed
- Amendment and declared their intent to approve and adopt the Amendment.
- THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:
- Section 1. Inaccordance with CEQA Guidelines Section 15282(h) and Public Resources
- Code Section 21080. 17, City Council action on this item is statutorily exempt from CEQA review, as
- the adoption of an ordinance regulating second units in a single-family or multi-family residential
- zone by the City to implement the provisions of Government Code Sections 65852.1 and 65852.2 is
- exempt by statute from CEQA review.
- Section 2. Concord Development Code, Title 18, Chapter 18.200.180 (Secondary Living
- Units) is hereby repealed and replaced with Chapter (Accessory Dwelling Units), and Concord
- Development Code Sections 18.200 (Standards for Specific Uses), Chapter 18.20 (General Terms),
Ord. No. 17-2 2
- Table 18.30.020 (Residential districts), Table 18.35.020 (North Todos Santos District), Table
- 18.40.020 (Office and Commercial Districts), Table 18.45.020 (Downtown Districts), Table 18.50.020
- (Business Park and Industrial Districts), Table 18.55.020 (Public/Quasi-Public District), Table
- 18.60.020 (Community Land Districts), Chapter 18.420 (Administrative Permits), Chapter 18.415
- (Design and Site Review), Chapter 18.160 (Parking Loading and Access), Chapter 18.155.060
- (Design criteria for small lot single-family subdivisions), and Concord Municipal Code Chapter 13.05
- (Sewer System) are hereby amended as set forth in Exhibits A through 0, attached hereto and made a
- part hereof.
- Section 3. This ordinance shall become effective thirty (30) days following passage and
- adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a
- certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least
- five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of
- the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be
- published once at least five (5) days prior to the date of adoption of this Ordinance and once within
- fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East
- Bay Times, a newspaper of general circulation in the City of Concord.
22 Joel e ockler, MMC
Laura M. Hoffinei Mayor
Ord. No. 17-2 3
- Ordinance No. 17-2 was duly and regularly introduced at a regular meeting of the City Council
- of the City of Concord held on March 7, 2017, and was thereafter duly and regularly passed and
- adopted at a regular meeting of the City Council of the City of Concord on March 28, 2017, by the
- following vote:
- AYES: Councilmembers – E.Birsan, R. Leone, T. McGallian, C. Obringer, L. Hoffmeister
- NOES: Councilmembers – None
- ABSTAIN: Councilmembers – None
- ABSENT: Councilmembers – None
- IHEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and
- regularly introduced, passed, and adopted by the City Council of the City of Concord, California. 11
- Attachments –
Exhibits: A. Section 18.200.180 Accessory Dwelling Units
- B. Section 18.200 Standards for Specific Uses
- C. Chapter 18.20 General Terms
D. Table 18.30.020 Table Residential Districts
- E. Table 18.35.020 Table North Todos Santos District
F. Table 18.40.020 Table Office and Commercial Districts
- G. Table 18.45.020 Table Downtown Districts
H. Table 18.50.020 Table Business Park and Industrial Districts
- I. Table 18.55.020 Table Public/Quasi –Public District
- J. Table 18.60.020 Table Community Land Districts
K. Chapter 18.420 Administrative Permits
- L. Chapter 18.415 Design and Site Review
M. Chapter 18.160 Parking Loading and Access
- N. Chapter 18.155.060 Design Criteria for Small Lot Single-Family Subdivisions
- 0. Chapter 13.05 Sewer System
- r ·certify that thia·11a true copy of
a document on file In·thlioffice.
27 CffY of ConCord, California
Ord. No. 17–2 4
Exhibit A Replacement language for Section 18.200.180 page 1-7 Language to be removed for Section 18.200.180 page 8–13
Remove strike through and add underlined language
- Accessory dwelling units.
Where allowed by Divi si on II of this ti tle (Zoning Distri cts – Uses and Standards ). accessory dwelling uni ts shall comply with the requirements of thi s section.
- Purpose. The purpose of this section i s to comply wi th Ca lifornia Government Code Section 65852.2, which provides for local jurisd i ctions to set standards for development of accessory dwelling units so as to increase the supply of smaller and affordable housing. while ensuring they remain compatible with the exi sting nei ghborhood .
“Acces sory Dwelling Unif’ means an attached or detached residential dwelling uni t which shall provide complete independent living facilit ies. including permanent provisions for
l iving, sleepi ng, eating, cooki ng, and sanitation . on the same parcel as the principal dwelling. An accessory dwelling unit also i ncludes an Efficiency Unit and Junior Accessory Dwelling Unit. defined below.
“Architecturallv and Significant Historic District “ means one of the officially recognized historic l andmarks or council designated historic districts i n the Ci ty.
“Conversion “ means the act of modifying an ex i st i ng l egal bui l di ng or a portion of an ex isting l egal building from i ts exi sting use to an accessory dwelling uni t.
“Efficiency Kitchen “ includes a sink wi th a maximum waste line diameter of 1.5 i nches. a food preparati on counter with storage cabi nets. and a cook i ng facil i ty for appliances that do not require electrical service greater than 1 20 volts or natural or propane gas.
“Efficiency Unif’ is a small attached or detached accessory dwelling unit. with a maximum floor area of 150 square feet and whi ch i ncludes an efficiency kitchen and bathroom facilities , as specified by thi s ordinance per the California Health and Safety Code
Section 17958. 1.
“Existing“ means any l egally buil t building that passed a final building i nspection by or before January 1. 2017.
“Junior Accessory Dwelling Unit” is a type of accessory dwelling unit. which has a maximum floor area of 500 square feet i n size and i s contai ned ent irely wi thin an ex isting single-famil y resi dence and may include separate sanitati on facil ities or share sanitat i on facili ties with the ex isting residence . Junior Accessory Dw elling units must be constructed wi thi n exi sting walls of the princi pal dwelling and must include an ex isting bedroom and an efficiency kitchen.
“Large Accessory Dwelling Unit “ means an accessory dwelling unit that is over 640 square feet and no larger than 1. 200 square feet.
“Living Area “ means the i nteri or habitabl e area of a princi pal dwelling. whi ch passed a final bui l d ing inspection by or on January 1. 20 17. i ncluding basements and attics but not garages and or any habitabl e accessory building.
“ Owner” means any person w i th a legal interest in real property . as shown i n the last equa lized assessme nt roll for city taxes. accompan i ed w i t h a right to occupy sai d property . For purposes of this sect ion. “owner” shall not mean a tenant or l essee of the real property.
“Principal Dwellind‘ means the legal si ngle–fami l y residenti al dwelling that i s establ i shed or w ill be established as the pri mary use and building on a resident ial parcel , to which the Accessory Dwelling Uni t may be establ ished through and subordinate to.
“Public Transif’ means an ex i sti ng Bay Area Rapid Transit (BART) station withi n Concord.
“Small Ac cessory Dwelling Unit“ means an accessory dwelling unit that i s not smaller than 150 square feet and no larger than 640 square feet.
- Accessory Dwelling Unit Types. An accessory dwelling unit may be established through:
- Conversi on of existing l i ving area or attached garage i n an existing principal dwelling;
- An addition to an existing principal dwelling;
- Conversion of an existing detached l egal accessory buil ding on a l ot with an exi sti ng pri ncipal dwelling, provided it i s set back at a di stance suff icient for fire safety ; or
4. Construction of a new detached building.
- Permit Requirements. Accessory dwelling units shall be subject to the followi ng appro val in accordance with Division VII of this title (Permits and Permit Procedures).
- Ministerial Review Required. The Pl ann i ng Di v i sion shall mi ni steri ally review a complete accessory dwelling uni t application wi thin 120 days of submittal of a com pl eted appl i cati on. Revi ew i s l i mited to ensure that the accessory dwelling uni t complies w it h
t he requi rements i n thi s section.
- Buil ding Division Permit Requi red. I n addition to the accessory dwe lling uni t
appli cation. the applicant shall be requi red to obtai n all appropriate permi ts from the building divi si on pri or to the constr uction or conv ersion of the accessory dwell ing unit.
3. Concurrent Revi ew . For exi sti ng accesso ry bui l dings and living area conversi ons. accessory dwelling unit applications can be reviewed concurrently with the submittalof any building division permit application, provided the application forms. applicable fees. and suppo rti ng documents are submitted concurrently . The concurrent review of buil di ng di vision permit and accessory dwelling unit appl i cations i s not avail able for proj ects
involv i ng new constructi on.
- Accessory Dwelling Unit Regulations.
- Allowed Use.Accessory dwelling units are allowed i n all singl e–fami ly residential (RR. RS) districts. low density residential districts (RL), and other districts where a legal detached single–fam ily dwelling ex ists.
- Limitation . No more than one accessory dwelling uni t or j unior accessory dwelling unit shall be allowed per legal principal dwelling.
- Size. On lots l ess than 1 2.000 square feet i n net area . only Small Accessory Dwelling Units are allowed . On lots at or over 1 2.000 square feet in net area . both Small and Large Accessory Dwelling Units are allowed.
- Zoning Development Standards. The principal dwelling and the accessory dwelling unit shall meet all provisions of the zoning district in which they are l ocated, i ncluding setbacks. height, and parking requirements and other applicable provisions of the development code . except as allowed by this section.
- Setback Requirements by Type of Accessory Dwelling Unit.
|Type of accessory dwelling unit||Conversion of existing living area within a principal dwelling||Existing accessory buil ding conversion||New addition to an existing principal dwelling||New detached building|
|No additional setback , but distance must be sufficient for fire safety .||Five foot side and rear setback .|
- Setbacks for Second–Story Accessory Dwelling Units. A minimum setback of five feet from the side and rear l ot lines shall be requ ired for a second–story
accessory dwelling unit proposed above a garage or principal dwelling as a second-story . For accessory dwelling units proposed above a garage or principal dwelling, the accessory dwelling unit shall not project beyond the front building line of the principal dwelling for which the unit is constructed upon.
- Front and Corner–Side Setbacks. Accessory dwelling units shall comply with the minimum required front and corner–side setbacks required for the principal dwelling, except as modified by this section.
- Lot Coverage. The accessory dwelling unit shall meet the l ot coverage requirement of the district i n which they are l ocated. except as allowed by this section . An efficiency unit as defined above i s allowed as an attached or detached dwell i ng regardless of the existing lot coverage.
- Small Accessory Dwelling Units. The total floor area of a small accessory
dwelli ng unit shall be no l ess than 150 square feet or more than 640 square feet, exclusive of the carport or garage . The small accessory dwelli ng unit shall have no more than one bedroom.
- Large Accessory Dwelling Uni ts. The total floor area of the large accessory dwelling unit must be over 640 square feet and no l arger than 1,200 square feet. exclusive of the carport or garage . The Large Accessory Dwelling unit shall have no more than two bedrooms.
- The following requirements also apply:
- I f an attac hed garage or carport i s proposed for the accessory dwel ling uni t as an accessory structure provi ded for in CDC 18. 200. 030. the maximum f loor area for both structures combined shall be subordinate to the primary single–family dwe lling and shall not exceed 75 percent of the living area of the principal dwelling.
- If a garage or carport is proposed to be attached to the accessory dwelling unit as an accessory structure provided for in CDC 18. 200. 030. the maxi mum size of the accessory structure shall be 460 square feet. The attached garage or carport shall not count toward the maximum area allowed for the accessory dwelling unit.
- No other accessory structure . as provided for i n CDC 18. 200.030 shall be allowed to be attached to the accesso ry dwelling unit.
- The i ncreased fl oor area of an attached accessory dwelling uni t shall not exceed 50 percent of the exi sti ng livi ng area of the pri nci pal dwelling. with the maxi mum increase in floor area based upon the lot size as listed above as a small or large accessory dwelling unit.
- Attached accessory dwelling units shall be shorter than or equal to the principal dwelling in height. except when proposed as a second–story addition above a garage or principal dwelling.
- Detached accessory dwelling units sha ll be no taller than one–story structures . up to 12 feet i n height. The height may be i ncreased pursuant to Sec t ion
18. 200. 030 by one foot for every two feet of addi tional setback provided. up to a maxi mum height of 16 feet.
- Subordinate Desi gn. The accessory dwelling unit and any attached covered parking shall be clearly subordinate to the principal dwelling by size. height.
location. and exter i or appearance as defined below.
- Col ors & Materi als. The exteri or appearance of the accessory dwelling unit sha ll match the pri ncipal dwe lling i n roof and sidi ng material s and col ors.
- Access . Access to an accesso ry dwelli ng uni t by stairs or ADA –compl iant ramp may be permitted to encroach or project into setbacks as allowed by Table 18.150.140.
- Entrance. All accessory dwelling units i ncluding j unior accessory dwelling units shall not have a separate entrance l ocated on the same side as the entrance for the principal dwelling.
- Pri vacy . When a second-sto ry accessory dwelling uni t i s proposed w i thin the required setbacks for the pri nci pal dwelling, no second–story wi ndows should be pl aced on the elevati on wi thi n the setback unless they are designed wi th a minimum w indow sill height of 5 feet . use obscure gl ass. and/or use other techniques to avoi d di rect line of si ght i nto adjace nt properti es.
- Garage Doors. Garages that are converted to an accessory dwelling unit shall include the removal of garage doors and enc l osure of the opening with walls. pedestrian doors. and windows that match those utilized on the remainder of the building if attached or that match the principal dwelling if detached.
- Permanent Foundation. A permanent foundation system i n accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.
- All accessory dwelling units must include an exterior entrance.
- Juni or accessory dwelling units must i nclude a separate exteri or entrance from the principal dwelling and an interior entry to the main l iving area withi n the principal dwelli ng.
- Parking. The parking required for an accessory dwelling unit is i n addition to the required off-street parking for the principal dwelli ng. No addi tional parking is required for Junior Accessory Units.
- Parki ng for Accessory Dwelling Uni t. One off-street parking space is required per bedroom for an accessory dwelling unit. The off-street parking space shall be provided as follows :
- The parking space may be an uncovered space or tandem space and may be located i n the front yard setback if contained wi thin the space of an ex i sting paved driveway . Unless findings can be made that parki ng in setback areas or tandem parking is not feas i ble based upon fire and life safety conditions.
- If the subject site only has a single–car garage serv iced by an ex isting single–car driveway. the driveway pavement may be widened up to an add itional nine feet to provide one parking space fo r the accessory unit. W idening the exi sting dri veway i s allowed, provided the ex pansion does not result i n more than 50 percent of the required front setback or yard area (whi chever i s greater) being paved or covered with impervious surface.
- Parking for t he accessory dwelling unit maynot resul t i n or i nclude additionally proposed curb cuts.
- Parki ng for Pri ncipal Dwelling . When a garage , carport. or covered parking structure for the principal dwelling is demol ished in conjunction with the construction of an accessory dwelling unit . the repl acemen t spaces may be located in any configuration on the same l ot as the accessory dwelling unit. incl uding. but not l i mited to, as covered spaces . uncovered spaces or tandem
spaces contained wi thin the space of an existing paved driveway within t he front yard setback . or by the use of mechanical automob i l e parki ng l ifts.
- Parking Exempti on. Required parki ng for an accessory dwelli ng unit is not required i n any of the following i nstances:
- The accessory dwelling unit is located within one–half mile radius of public transit.