East Palo Alto ADU / Granny Flat Ordinance

http://caladu.org/ordinance/East-Palo-Alto-1-31-2017.pdf

ORDINANCE NO. 407

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO ADOPTING ZONING TEXT AMENDMENT (ZTA16-003) AMENDING CHAPTER

    1. OF THE EAST PALO ALTO ZONING CODE RELATING TO ACCESSORY DWELLING UNITS WITHIN THE CITY OF EAST PALO ALTO

WHEREAS, the City of East Palo Alto currently has a Second Unit Ordinance in place; and

WHEREAS, the City would like to amend Chapter 22.5 “Second Dwelling Units” to comply with newly adopted state law Senate Bill 1069 and Assembly Bill 2299; and

WHEREAS, on November 14, 2016, the Planning Commission recommended approval of Zoning Text Amendment ZTA 16-003; and

WHEREAS, the City Council held a duly noticed public hearing on December 6, 2016, to review Zoning Text Amendment (ZTA 16-003); and

WHEREAS, the City Council determined that the proposal is consistent with applicable zoning requirements and goals, objectives and policies of the General Plan, specifically, Housing Element Policy 1.4.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO

ALTO DOES ORDAIN AS FOLLOWS: Chapter 22.5 of the City of East Palo Alto Municipal Code is hereby amended as described in Exhibit A attached hereto.

Introduced at a regular City Council meeting held on December 6, 2016, and adopted at a regular City Council meeting held on January ·17, 2017, by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

GAUTHIER, ABRICA, MOODY, ROMERO, RUTHERFORD

SIGNED:

Larry J.J;r.oo y, Mayor

ATTEST:

Terrie Gillen, Deputy City Clerk

EXHIBIT A

CHAPTER 22.5. ACCESSORY DWELLING UNITS

      • Section 6425. Purpose of chapter.

      • Section 6426. Definitions.

      • Section 6428. One accessory unit per site.

      • Section 6429. Development standards.

      • Section 6430. Occupancy restrictions.

      • Section 6431. Accessory unit permit required.

      • Section 6432. Modification of standards.

      • Section 6433. Use permit required .

      • Section 6434. Findings required for issuance of a use permit.

      • Section 6435. Duration of use permit.

. Section 6436. Determination of compliance.

      • Section 6437. Recordation of use permit.

      • Section 6438 . Revocation of use permit.

      • Section 6439. Legalization of existing accessory units.

      • Section 6440. Inspections.

      • Section 6441. Illegal accessory units.

      • Section 6442. Appeal procedure. Section 6425. Purpose of Chapter. The purposes of this chapter are:

  1. To increase the supply of affordable housing by allowing accessory dwelling units (also known as second units) in conformance with Government Code §65852.2 to be establishe,d on lots zoned for single family or multiple family dwellings and containing a single-family dwelling;
  1. To establish standards for the development and occupancy of accessory dwelling units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, do not result in negative traffic or public safety iinpacts, and are safe for human occupancy; and
  1. To restrict or prohibit accessory dwelling units which create unreasonable traffic, safety, privacy or other adverse impacts, and to prevent adverse impacts on any real property listed in the California Register of Historic Places.

Section 6426. Definition.

Accessory dwelling unit-T he term “accessory dwelling unit,” or “accessory unit” as used in this chapter, means a separate dwelling unit providing complete independent living facilities for one or more persons containing living, sleeping, kitchen and sanitation facilities which are defined as a partial bathroom (a water closet, sink or a toilet) or a full

bathroom (water closet, sink and a toilet) . An existing single family residence may be converted to an accessory unit in conjunction with the development of a new main dwelling unit on the site and in conformity with the development standards for a new accessory unit as set forth in Section 6429 of this chapter . Subject to the restrictions contained in this chapter, an accessory unit may be either attached to, or detached from or incorporated into the main dwelling unit. An accessory dwelling unit also includes an efficiency unit, as defined in Health and Safety Code section 17958.1 and a manufactured home, as defined in Health and Safety Code section 18007.

Section 6428. – One accessory unit per site; no separate sale.

Only one accessory dwelling unit shall be permitted on any one site. The unit shall not be sold separately from the primary residence, nor rented for a term of less than 30 days.

Section 6429. – Development standards.

Except as otherwise provided in Section 6432, each accessory dwelling unit shall comply with all of the following development standards:

  1. Zoning. The lot is within a single family or multiple family zoning district and already contains one legally created single-family dwelling.
  1. Density. The accessory unit shall be deemed to comply with the density allowed in · the General Plan Land Use Element Map and shall not be considered to exceed the allowable density for the lot upon which it is located.
  1. Lot size. Ifthe accessory unit is attached to the main dwelling or incorporated within the main dwelling, the site area of the lot upon which the accessory unit is located shall be not less than five thousand five hundred (5,500) square feet. Ifthe accessory unit is detached from the main dwelling, the lot upon which the accessory unit is located shall be not less than seven thousand five hundred (7,500) square feet.
  1. Unit size. The floor area of an attached accessory unit shall not exceed fifty (50) percent of the living area (interior habitable area) of the existing single family dwelling, not including the garage, if any. In no instance shall an attached accessory unit exceed one thousand (1,000) square feet. Detached accessory units shall be no more than seven hundred (700) square feet, except that unit size may be increased by one (1) square foot for each ten (10) square feet of lot area in excess of six thousand five hundred (6,500) square feet, up to a maximum of one thousand (1,000) square feet,. Total floor area of the main dwelling and the accessory unit shall not exceed the permissible floor area or lot coverage for the underlying zoning district.
  2. Building codes. The accessory unit shall comply with applicable building, health and fire codes. No passageway (pathway unobstructed to the sky extending from a street to an entrance of the accessory unit) shall be required in conjunction with the construction of an accessory dwelling unit. Accessory units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.

(f) Open Space. A minimum of seven hundred fifty (750) square feet of open space shall be maintained on the lot.

  1. Parking.
    1. Requirements: A minimum of one uncovered off-street parking space shall be provided for the accessory unit in addition to the off-street parking spaces required for the main dwelling. The parking space may be provided in an existing driveway or by tandem parking, unless a specific finding is made that such parking is not feasible due to specific site, topographical or fire and life safety conditions.
  1. Exceptions to the Parking Requirements – No parking standards shall be imposed if:
    1. The accessory dwelling unit is located within one-quarter mile of a public transit corridor as defined in Health and Safety Code section 50093 .5.
    2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

(c) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

(d) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(e) Where there is a car share vehicle located within one block of the accessory dwelling unit.

    1. Water and Sewer.
    1. The accessory dwelling unit shall not be required to install a new or separate utility connection directly between the unit and the utility and shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges if it meets the following requirements: the unit is (a) contained within the existing space of a single-family residence or an existing legally-constructed accessory structure, (b) has independent exterior access from

the existing residence, and (c) the side and rear setbacks are sufficient for fire safety.

    1. All other accessory dwelling units are required to have new or separate utility connection directly between the accessory dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge. Any fee or charge shall be proportionate to the burden upon the water or sewer system of the proposed accessory dwelling unit, based on unit size or the number of plumbing fixtures. The fee or charge shall not exceed the reasonable cost of providing this service.

(i) Access. The accessory unit shall be served by the same driveway access to the street as the existing main dwelling.

U) Common entrance. Ifthe accessory dwelling unit is attached to the main dwelling, both the accessory unit and the main dwelling unit must be served by a common entrance or a separate entrance to the accessory unit must be located on the side or at the rear of the main dwelling.

  1. ADUs in Existing Structures. Prior to submitting an application for review, a proposal for an ADU within an existing structure must receive a zoning clearance letter from the Planning Division. The planning director shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is (1) contained within the existing space of a single-family residence or existing legally-constructed accessory structure, (2) has independent exterior access from the existing residence, and (3) the side and rear setbacks are sufficient for fire safety.
    1. Setback for Garage Conversion. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

(m) Setbacks for Detached Units. Detached units shall be setback six feet from the rear property line and existing house. Said units shall also be three (3) feet from side property lines for interior lots. The street side property line for a second unit on a corner lot shall be a minimum of twelve (12) feet.

Section 6430. – Occupancy restrictions.

  1. Either the existing main dwelling or the accessory unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the main dwelling or the accessory unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization.
  1. The accessory unit may not be occupied by more than three people as permanent living quarters, unless otherwise approved by the planning commission pursuant to Section 6432 of this chapter.
  1. This section shall apply to either a new or existing accessory unit for which a permit is granted pursuant to this chapter.

Section 6431. Accessory dwelling unit permit required.

Review of an application for an accessory dwelling unit permit application for compliance with the development standards set forth in Sections 6429 and 6430 of this chapter is ministerial in nature and requires approval by the planning director. A determination about compliance with standards shall be made within one hundred twenty

      1. days of the determination that the application submittal is complete.
        1. Contents of application. An application for an accessory unit permit shall be filed with the planning director on such form as the director shall prescribe. The

_ application shall be accompanied by information required by the planning director, including but not limited to the following:

          1. An accurate scale drawing of the site showing lot size, streets, property lines, the location of all existing and proposed structures, the location of all existing and proposed off-street parking spaces and driveways, including permeable pavers or open-cell concrete blocks, on the site, and the location of existing trees and landscaping;
  1. Floor plan and elevations of existing and proposed structures, including a calculation of the floor area and coverage of each and all structures and the floor area of the accessory unit;
  1. A boundary survey of the lot on which the accessory unit is proposed showing all existing and proposed structures, parking spaces, driveways, including permeable pavers or open-cell concrete blocks, and paved surfaces.
        1. Processing fee. A processing fee established by resolution by the city council shall be paid to the city at the time of filing the application for an accessory unit permit.

Section 6432. Modification of standards.

The planning commission may modify any of the development standards set forth in Section 6429 and 6430 of this chapter if the commission determines that such modification will better achieve the purposes and objectives of this chapter and provided

the commission is able to make all of the findings required for issuance of a accessory unit use permit as prescribed in Section 6433 of this chapter.

The planning commission shall have authority to waive or modify the occupancy restrictions set forth in Subsections (a) or (b) of Section 6430, or both such restrictions, if the commission determines that, by reason of special circumstances in a particular case, the application of such restrictions will result in extreme hardship upon the owner or occupant of the property. The planning commission may impose such conditions as it

deems necessary or appropriate in order to mitigate any actual or potential adverse impacts from the granting of a waiver or modification hereunder.

Section 6433. Use permit required.

Accessory unit application to waive or niodify the development standards set forth in Sections 6429 and 6430 of this chapter requires approval by the planning commission of a use permit pursuant to the provisions of Chapter 24 and the Zoning Regulations.

Section 6434. Findings required for issuance of a use perinit.

Except as otherwise provided in Section 6438, the planning commission may grant an application for a accessory unit use permit as applied for or in modified form, if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

  1. The proposed accessory unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties;
  1. The proposed accessory unit is designed to be compatible with the exterior appearance and character of the existing main dwelling;
  1. The proposed accessory unit is designed to be compatible with the existing neighborhood in terms of form, bulk, height, material and landscaping; and
  1. The proposed accessory unit will not cause unreasonable noise, traffic congestion, parking congestion, or overload existing public facilities or utilities.

Section 6435. Duration of use permit.

An accessory unit use permit may be granted for a specified period of time, with or without the right to apply for extensions, or may be allowed to continue indefinitely for so long as the holder of such use permit complies with the applicable restrictions and standards contained in this chapter and the conditions of approval of the use permit. Such use permit shall run with the land and the conditions of approval thereof shall be binding

upon all successive owners of the property on which the accessory unit is located for so

. long as the use permit remains in effect.

Section 6436. Determination of compliance.

The planning director may at any time, either upon director initiative or when instructed by the planning commission to do so, request the holder of a accessory unit permit or use permit to certify that such holder has complied and continues to comply with all of the applicable standards and restrictions of this chapter and all conditions as set forth in the accessory unit permit or use permit. The planning director may request the holder to furnish such information and documents as the director deems necessary in order to verify the truth or accuracy of any statements contained in the certification.

Section 6437. Recordation of use permit.

The original accessory unit use permit shall be recorded in the office of the Recorder for San Mateo County. All of the restrictions and conditions applicable to such use permit shall be set forth therein, including the occupancy restrictions described in Section 6430.

Section 6438. Revocation of use permit.

. In addition to the grounds for revocation of a use permit as set forth in Section 6505 of the Zoning Regulations, the planning commission may revoke any use permit for a accessory unit upon a finding that:

  1. The holder of the use permit has violated any of the conditions set forth therein; or
  1. The holder of the use permit has failed to provide a certification of compliance after being requested to do so in accordance with Section 6536; or
  1. The owner of the property has failed to establish the accessory unit within a reasonable time after the granting of the use permit: or
  1. The accessory unit has been eliminated through alteration of the structure in which such unit was contained; or
  1. Either of the findings required under paragraphs (c) of section can no longer be made.

Section 6439. Legalization of existing accessory units.

  1. Purpose of section. It is in the public interest that all residents of the city live in safe, sanitary housing conditions. Accessory units currently exist which were created prior to the adoption of this chapter. In order to encourage the legitimization of such units under the law, the owners of property on which accessory 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 units are not safe and sanitary for continued human occupancy, the city has the responsibility to either ensure 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 units that are or can be made fit for human occupancy.
  1. Scope of section. This section shall apply only to accessory units established prior to January 8, 1990 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 unit established from and after January 8, 1990 shall be deemed a new unit subject to the development standards contained in Section 6429 of this chapter.
  1. Contents of application. Application for an administrative use permit to legalize an existing accessory unit shall be filed with the planning director on such form as he shall prescribe. The application shall be accompanied by the following:
    1. An accurate scale drawing of the site showing streets, property lines, the location of all existing and proposed structures, the location of all off-street parking

spaces and driveways on the site, and the location of existing trees and landscaping;

    1. Floor plan and elevations of existing and proposed structures, including a calculation of the floor area of each structure;
    1. Inspection report by an independent contractor, as required under Section 6432 of this chapter;
    1. The name of each occupant of the accessory unit, if any, together with a copy of any written lease or rental agreement between the owner and such occupant;
    1. A list of the names and addresses of all persons owning property immediately adjacent to the site, as shown by the latest available assessment roll of the County of San Mateo or as otherwise known to the applicant;
    1. Ifthe accessory 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; and
    1. Evidence of the date on which the accessory unit was established, in form and substance satisfactory to the planning director.
  1. Processing fee. A processing fee shall be paid to the city at the time of filing the application for an administrative use permit. Ifthe application is voluntarily filed by the property owner prior to July 1, 1990, the fee shall be fifty (50) percent of the amount then charged as the normal accessory unit use permit application fee. Ifthe application is filed in response to a written notice from the city to do so, or is filed at any time after July 1, 1990, the fee shall be the amount then charged as the normal accessory unit use permit application fee.
  1. Procedure. Upon the filing of an application for an administrative use permit to legalize an existing accessory unit, the following procedure shall be followed:
    1. The planning director shall send a written notice of the application to each of the adjacent property owners as shown by the latest available assessment roll of the County of San Mateo. The notice shall advise such property owners that a written protest or request for an administrative hearing, or both, may be filed with the planning director within ten (10) days from the date of the notice.
    1. If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the planning director shall consider such protests in determining whether to approve, conditionally approve or deny the application and shall render his decision thereon without conducting an administrative hearing.
    1. If a request for an administrative hearing is received within the time prescribed in the notice, the planning director shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the director shall either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing.
  1. Standards. Existing accessory units shall comply with the following standards:
    1. In lieu of compliance with the Uniform Building Code, the accessory unit shall comply with the Uniform Housing Code as adopted by the city and shall otherwise comply with applicable health and fire codes;