T O W N O F F A I R F A X
1 4 2 B O LI N A S R O A D , F A I R F A X , C A LI F O R N I A 9 4 9 3 0 ( 4 1 5 ) 4 5 3 – 1 5 8 4 / F A X ( 4 1 5 ) 4 5 3 – 1 6 1 8
Housing Policy Department Received on:
November 6, 2017 NOV 1 3 2017
Department of Housing and Community Development State of California
2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833
Attn: Melinda Coy, Housing Policy Specialist
Re: An Ordinance of the Town Council of the Town of Fairfax Amending Chapter 17.48 of the Fairfax Town Code Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units (Formerly Residential Second Units and Junior Second Units) and Amending Chapters 17.076, 17.080, 17.084, 17.088, 17.116 and 17.124 to Make Conforming Changes
Dear Ms. Coy:
Enclosed please find a certified copy of the above-referenced ordinance, which was adopted by a unanimous vote of the Fairfax Town Council at their regular meeting on November 1, 2017.
Please do not hesitate to contact me if you have any questions. Sincerely,
Michele Gardner Town Clerk
Print ed on Recrded Paper
ORDINANCE NO. 810
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX AMENDING CHAPTER 17.48 OF THE FAIRFAX TOWN CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (FORMERLY RESIDENTIAL SECOND UNITS AND JUNIOR SECOND UNITS) AND AMENDING CHAPTERS 17.076, 17.080, 17.084, 17.088, 17.116 AND 17.124
TO MAKE CONFORMING CHANGES
The Town Council of the Town of Fairfax does ordain as follows:
SECTION 1.FINDINGS.The Town Council of the Town of Fairfax hereby finds that:
- The Town of Fairfax, California (the “Town“) is a municipal corporation, duly organized under the constitution and laws of the State of California.
- The Planning and Zoning Law authorizes cities to provide by ordinance for the creation of second units.
- To address California’s shortage of housing supply, the California Legislature approved, and the Governor signed into law, Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016), Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016) and Assembly Bill 2406 (Thurmond, Chapter 755, Stats. 2016).
- Assembly Bill 2299 and Senate Bill I069 are double jointing bills, which among other things, amend California Government Code Section 65852.2. These statutes impose new limitations on local authority to regulate second units, which are now referred to as “accessory dwelling units” (“ADU”).
- Assembly Bill 2299 became effective on January 1, 2017 and renders all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2.
- Assembly Bill 2406 adds California Government Code Section 65852.22, which authorizes a local agency to provide by ordinance for the creation ofjunior accessory dwelling units, as defined, in single-family residential zones.
- As an urgency statute, Assembly Bill 2406 became effective upon signing on September 28, 2016.
H. The Town desires to amend the local regulatory scheme for the construction of residential second units to fully comply with Assembly Bill 2299 and for the construction of junior accessory dwelling units to fully comply with Assembly Bill 2406.
SECTION 2. RESIDENTIAL ACCESSORY DWELLING UNIT AND JUNIOR
ACCESSORY DWELLING UNIT REGULATIONS. Chapter 17.048 of the Fairfax Town Code is hereby amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3.AMENDMENT TO THE RS–7.5 SINGLE FAMILY RESIDENTIAL ZONE.
Section 17.076.030 (Conditional Uses and Structures) of the Fairfax Town Code is hereby amended to delete subsection (J) in its entirety.
SECTION 4. AMENDMENT TO THE RS-7.5 SINGLE FAMILY RESIDENTIAL ZONE.
Section 17.076.040 (Accessory Uses and Structures) of the Fairfax Town Code is hereby amended to add the following as a new subsection (D):
“(D) One residential accessory dwelling unit or one junior accessory dwelling unit, which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title.”
SECTION 5. AMENDMENT TO THE RS-6 SINGLE-FAMILY RESIDENTIAL ZONE.
Section 17.080.030 (Conditional Uses and Structures) of the Fairfax Town Code is hereby amended to delete subsection (J) in its entirety.
SECTION 6. AMENDMENT TO THE RS-6 SINGLE-FAMILY RESIDENTIAL ZONE.
Section 17.080.040 (Accessory Uses and Structures) of the Fairfax Town Code is hereby rum;nded to add the following as a new subsection (D):
“(D) One residential accessory dwelling unit or onejunior accessory dwelling unit, which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title .“
SECTION 7. AMENDMENT TO THE RD 5.5-7 RESIDENTIAL ZONE. Section
17.084.030 (Conditional Uses and Structures) of the Fairfax Town Code is hereby amended to
delete subsection (J) in its entirety.
SECTION 8. AMENDMENT TO THE RD 5.5-7 RESIDENTIAL ZONE. Section
17.084.040 (Accessory Uses and Structures) of the Fairfax Town Code is hereby amended to add the following as a new subsection (D):
“(D) One residential accessory dwelling unit or onejunior accessory dwelling unit, which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title.”
SECTION 9. AMENDMENT TO THE RM MULTIPLE-FAMILY RESIDENTIAL
ZONE. Section 17.088.030 (Conditional Uses and Structures) of the Fairfax Town Code is
hereby amended to delete subsection (H) in its entirety.
SECTION 10. AMENDMENT TO THE RM MULTIPLE-FAMILY RESIDENTIAL
ZONE. Section 17.088.040 (Accessory Uses and Structures) of the Fairfax Town Code is
hereby amended to add the following as a new subsection (C):
“(C) One residential accessory dwelling unit or onejunior accessory dwelling unit, which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title.”
SECTION 11. AMENDMENT TO THE SF–RMP SINGLE-FAMILY RESIDENTIAL
MASTER PLANNED DISTRICT. Subsection (J) of Section 17.116.040 (Principal Pennitted Uses) of the Fairfax Town Code is hereby amended to read as follows:
SECTION 12. AMENDMENT TO THE SF-RMP SINGLE-FAMILY RESIDENTIAL
MASTER PLANNED DISTRICT. Section 17.116.050 (Accessory Uses) of the Fairfax Town Code is hereby amended to add the following as a new subsection (D):
“(D) One residential accessory dwelling unit orjunior accessory dwelling unit per lot when approved in accordance with procedures and standards in Chapter 17.048 of this title; provided that, for all units established after September 8, 1983, the owner(s) of record maintain their principal residence on the same parcel unless an exception to this residency requirement is granted pursuant to this Chapter 17.116.“
SECTION 13. AMENDMENT TO THE UR UPLAND RESIDENTIAL ZONE. Section
17.124.030 (Conditional Uses and Structures) of the Fairfax Town Code is hereby amended to
delete subsection (J) in its entirety.
SECTION 14. AMENDMENT TO THE UR UPLAND RESIDENTIAL ZONE. Section
- (Accessory Uses and Structures) of the Fairfax Town Code is hereby amended to add the following as a new subsection (D):
“(D) One residential accessory dwelling unit or·onejunior accessory dwelling unit, which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title.“
SECTION 15.SEVE1=lABILITY. Ifany section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutionl or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 16. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The Town
Council of the Town of Fairfax finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding second units in a single-family or multifamily residential zone to implement the provisions of Government Code Section 65852.2. To the extent that junior accessory dwelling units are not covered by the statutory exemption in Public Resources Code Section 21080.17, the ordinance as tojunior accessory dwelling units is exempt from CEQA pursuant to the Class One categorical exemption for existing facilities because it provides for the creation ofjunior accessory dwelling units within an existing bedroom of existing single-family residences involving negligible expansion
of existing residential use and any required interior and/or exterior alterations will not increase the floor area of the residential structure.
SECTION 17.EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 18.PUBLICATION. The Town Clerk shall certify to the adoption of this ordinance. Not later than fifteen (15) days following the passage ofthis ordinance, the ordinance,or a summary
·thereof, along with the names of the Town Cmmcil members voting for and against the ordinance, shall be posted in three places in the Town.
SECTION 19. FILING. The Town Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.
PASSED, APPROVED AND ADOPTED by the Town Council of the Town of Fairfax, California, at a regular meeting of the Town Council held on the 151 day of November, 2017, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
COLER, GODDARD, LACQUES,REED, WEINSOFF
None None None
Michele Gardrter, Town Clerk The foregoiAg document ts-a.cocreQ
copy of the original on ra;orcJ
Exhibit A attached
in thisofftc& ..,.:;
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City Clerk af theTownaf =-.,
CHAPTER 17.048: RESIDENTIAL ACCESSORY DWELLING UNITSAND JUNIOR ACCESSORY DWELLING UNITS
Article I: Residential Accessory Dwelling Units
Locations Permitted Definitions
Effect of Conforming Accessory Dwelling Ut
Accessory Dwelling Unit Permit Application Processing and Review Standards for Accessory Dwelling Units
Compliance with the Subdivision Map Act Fees
Illegal Accessory Dwelling Units Abatement of Illegal Units Enforcement and Penalties
Article II: Ju11ior Accessory Dwelling Units
17.048.220 Locations Permitted
17.048.240 Effect of Conforming Junior Accessory Dwelling Unit
17.048.250 Junior Accessory Dwelling Unit Permit Application Processing and Review 11.048.260 Standards for Junior Accessory Dwelling Units
17.048.270 Deed Restriction
ARTICLE I: RESIDENTIAL ACCESSORY DWELLING UNITS
§ 17.048.010 PURPOSE.
The purpose of this chapter is to implement the housing element of the general plan and state law (California Government Code Sections 65852.150 through 65852.22) in order to increase housing opportunities for all economic segments of the community. The intent is to provide for retention in the housing stock of existing units that comply with health and safety standards and to encourage construction of new accessory dwelling units in full compliance with such standards. Furthermore, it is the purpose of this chapter to allow the more efficient use of the town’s existing housing stock of dwellings, to provide rental housing units for persons who are elderly or disabled, to provide economic support for resident families of limited income, and to protect the single-family character of a neighborhood.
The conversion of an illegal accessory dwelling unit into a lawful accessory dwelling unit, or the replacement , alteration or expansion of an existing nonconforming accessory dwelling unit shall be subject to the requirements of this chapter.
§ 17.048.020 LOCATIONS PERMITTED.
Accessory dwelling units may be located on lots with existing or proposed single-family residential or duplex development within the RD 5.5-7, RS-6, RS 7.5, SF-RMP, UR and RM zoning districts. Accessory dwelling units are not allowed in conjunction with multiple residential developments.
§ 17.048.030 DEFINITIONS.
For the purpose of this a1ticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY DWELLING UNIT. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include pe1manent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or duplex is situated. An accessory dwelling unit also includes the following: (A) an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, and (B) a manufactured home, as defined in Section 18007 of the Health and Safety Code.The term “accessory dwelling unit“shall mean and be coterminous with “accessory dwelling unit” as defined by California Government Code Section 65852.2, subsection (i)(4), as may be amended from time to time.
COMPLETE APPLICATION. An application that meets the requirements of Town Code Section 17.048.050.D as
dete1mined by the Town Director ?f Planning and Building Services.
DETACHED. A detached unit does not share a common building wall.
EXISTING LEGAL NON-CONFORMING ACCESSORY DWELLING UNIT. An existing accessory dwelling unit that was constructed in accordance with the town ordinances in effect at the time of construction. Evidence substantiating the date of construction of the specific improvements which constitute the accessory dwelling unit must be provided. An example of the evidence would include County Assessor’s or town records which specifically refer to the construction of the subject improvements and/or document approval by the town of the subject use.
ILLEGAL ACCESSORY DWELLING UNIT. An illegal accessory dwelling unit that was not constructed or established in accordance with the town ordinances in effect at the time of construction or establishment or for which eyidence of the unit’s legal construction has not been provided .The units shall be subject to securing permits in accordance with the provisions of this chapter.
JUNIOR ACCESSORY DWELLING UNIT. See Town Code Section 17.048.230.
KITCHEN. Any portion of a structure with any combination of the following: sink, other than that within a bathroom, food storage and preparation area(s), refrigerator, stove, microwave oven, convection oven, cooking burners or similar appliances which may reasonably be used for the preparation of food.
LIVING AREA. The interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure.
NEW ACCESSORY DWELLING UNIT. An accessory dwelling unit constmcted subsequent to adoption of, and in
confonnance with, this chapter.
PRIMARY RESIDENCE. A single residential dwelling on a lot that contains no other dwellings, other than an accessory dwelling unit as defined in this section, or a duplex. ·
§ 17.048.040 EFFECT OF CONFORMING ACCESSORY DWELLING UNIT.
An accessory dwelling unit that conforms to this chapter shall:
- Be deemed an accesso1y use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
- Be deemed a residential use that is consistent with the general plan and the zoning designations for the lot;
- Not be considered in the application of any ordinance, policy, or program to limit residential growth;
- Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service; and
(E) Ifan accessory dwelling unit conforms to the requirements of this chapter, no other local ordinance, policy, or regulation shall be the basis for the denial of a permit.
§ 17.048.050 ACCESSORY DWELLING UNIT PERMIT APPLICATION PROCESSING AND REVIEW.
- Accesory Dwelling Unit Permit. Except as set forth in Section 17.048.050 (E), an accessory dwelling unit permit shall be required for any proposed accessory dwelling unit, to legalize an illegal access01y dwelling unit, or to allow for the replacement, alteration or expansion of an existing legal nonconforming accessory dwelling unit. The applicant shall also obtain abuilding pennit as required by the building code and record a deed restriction as provided in Section 17.048.070.
- Application processing. Applications for an accessory dwelling unit permit must be submitted to the Director of Planning and Building Services (or the Town Manager’s designee) on a form and with the information and materials required by subdivision (D) of this section. The Director may collect a fee for processing the application, provided such fee is approved by resolution of the Town Council.
- Review. The Director will review and approve complete applications for an accessory dwelling unit permit that comply with the requirements of Sections 17.048.060 (Standards For Accessory Dwelling Units) and 17.048.070 (Deed Restriction). The accessory dwelling unit permit application shall be considered ministerially without any discretionary review or a hearing. The Director will approve or disapprove of an application for an accessory dwelling unit permit within 120 days after receiving the complete application.
- Submittal requirements. Each application for an accessory dwelling unit shall include a completed application form with the information and materials as adopted by the Director of Planning and Building Services, which shall include:
- Plot plan (drawn to scale) . Dimension the perimeter of parcel on which the accessory dwelling unit will be located. Indicate the location and use of all existing and proposed structures on the project site and the location of required parking.
- Floor plans. A dimensioned plan drawn to scale of the residential accessory dwelling unit identifying the use of each room, including an exterior entrance. For new accessory dwelling units that will not be located within the existing space of the primary residence or accessory structure, the resulting floor area calculation of the accessory dwelling unit
shall be included, which shall include the area of any dedicated bathroom for the exclusive use of the accessory dwelling unit.
- Kitchen plan. A dimensioned plan drawn to scale indicating proposed kitchen improvements, including a kitchen sink, cooking appliance(s) food preparation counter and food storage cabinets.
- Information sufficient to demonstrate compliance with other applicable development and design standards.
- Required inspection. The property owner(s) shall provide written consent to a physical inspection of the property.
- Exception. An accesso1y dwelling unit is exempt from the requirement to obtain an accessory dwelling unit permit in subsection (A) of this Section if the unit meets all of the requirements of subsection (E)(l) below.
- The accessory dwelling unit:
- Is one accesso1y dwelling unit per single-family lot located within a single-family residential zone (the RD 5.5-7, RS-6, RS 7.5 and UR zoning districts);
- Is contained within the existing space of a legally established single-family residence or accessory
- Has independent exterior access from the existing residence; and
- The side and rear setbacks are sufficient for fire safety.
- Ifthe requirements of subparagraph (E)(1) are met, then the applicant·
- Is not required to install fire sprinklers in the access01y dwelling unit if the primary residence is not required to have fire sprinklers;
- Is not required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and shall not be charged a related connection fee or capacity charge.
- Shall record a deed restriction as provided in Section 17.048.070 and obtain a building permit as required by the building code as adopted and amended by Chapters 8.04 and 15.04 of the Fairfax Municipal Code.
§ 17.048.060 STANDARDS FOR ACCESSORY DWELLING UNITS.
An accessory dwelling unit shall meet the following standards listed below.
- Owner occupancy. Either the primary residence or the accessory dwelling unit shall be owner-occupied.
- Rental. The unit shall not be sold separately from the primary residence and shall only be rented for terms of 30 days or more.
- Development on Lot. A single-family dwelling or duplex must exist on the lot or will be constructed in conjunction with the accessory dwelling unit and be located within the RD 5.5-7, RS-6, RS 7.5, SF-RMP, UR or RM zoning districts. Accessory dwelling units are not allowed in conjunction with multiple residential development.
- Maximum number. A maximum of one accessory dwelling unit orjunior accessory dwelling unit is allowed per lot.
- Unit. The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
- Maximum size.
- The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.
- The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
- Minimum size. The accessory dwelling unit shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit as defined in Section 17958.l of the Health & Safety Code.
- Facilities.An accessory dwelling unit shall include pennanent provisions for living, sleeping, eating, cooking, and sanitation. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. “Passageway“ means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(I) Setback. No setback shall be required for a legally created existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a legally created garage. All other accessory dwelling units shall comply with the front, rear and side yard setback requirements of the underlying zoning district.
- Building and Fire Code Compliance. The accessory dwelling unit shall comply with the Fairfax building and fire code requirements that apply to detached dwellings, as appropriate, including any requirements to obtain a building pennit. See Town Municipal Code, Chapter 8.04 and Chapter 15.04. An accessory dwelling unit is not required to have fire sprinklers, if the primary residence is not required to have fire sprinklers.
- Sanitary service requirements. If an existing private septic system is to be utilized, the applicant must provide written confirmation from the Marin County Environmental Health Department that the existing sanitary system is adequate to handle the dwelling units it will serve.
- Except as provided in subparagraph (2):
- Accessory dwelling units must meet the following parking standards:
- For accessory dwelling units with no separate bedrooms, one off–street parking space shall be provided for the accessory dwelling unit.
- For accessory dwelling units with at least one separate bedroom, one off-street parking space shall be provided per bedroom.
- Ifparking is required:
- The required parking spaces may be located on setback areas approved by the Director or tandem parking on an existing driveway, unless specific findings are made under subparagraph (2).
- Parking arrangements in subparagraph (1) may be prohibited if the Director makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions, or that such arrangements are not pennitted anywhere in thejurisdiction.
- When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts.
- Parking standards shall not be imposed on an accessory dwelling unit if any of the following circumstances exist on the property: