ORDINANCE NO. 611
AN ORDINANCE OF THE CITY OF FOSTER CITY, APPROVING AMENDMENTS TO CHAPTERS 17.04, DEFINITIONS, AND 17.78, SECONDARY RESIDENTIAL UNIT REGULATIONS, OF TITLE 17, ZONING, OF THE FOSTER CITY MUNICIPAL CODE – RZ2017-0001
CITY OF FOSTER CITY
THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND
ORDAIN as follows:
Section 1. Chapter 17.04.022, Accessory Dwelling Unit, of Section 17.04, Definitions, of Title 17, Zoning, of the Foster City Municipal Code is hereby added to read as follows:
17.04.022 Accessory Dwelling Unit.
“Accessory Dwelling Unit” means a secondary residential dwelling unit, as defined in Chapter 17.78.
Section 2. The title of Chapter 17.78, Secondary Residential Unit Regulations, of Title 17, Zoning, of the Foster City Municipal Code is hereby amended to read as Chapter 17.78, Accessory Dwelling Units.
Section 3. Chapter 17.78, Secondary Residential Unit Regulations, of Title 17, Zoning, of the Foster City Municipal Code is hereby amended to read as follows:
17.78.050 Permit Application for an Accessory Dwelling Unit.
17.78.060 Accessory Dwelling Unit Converted from Existing Space- Required Findings.
17.78.070 Newly Constructed Accessory Dwelling Unit (Attached and Detached) – Required Findings.
17.78.080 Parking Requirements for Accessory Dwelling Units.
17.78.090 Permit Issuance
- The adoption of an accessory dwelling unit ordinance which permits accessory dwelling units by ministerial review in R-1, and R-2 including R-1/PD (single-family residential/planned development) districts developed with detached single-family
dwellings is consistent with the goals and policies of the Foster City general plan in that accessory dwelling units would help meet the need for affordable housing. Furthermore, construction of accessory dwelling units would not be as costly as new construction, because there are no additional land costs, infrastructure costs are reduced, and an accessory dwelling unit can be added at the cost of an addition to, or remodeling of, the main single-family dwelling.
- The accessory dwelling unit ordinance as proposed would not be detrimental to the health, safety and welfare of surrounding residents, the character of existing neighborhoods, or the community as a whole, in that the ministerial permit process provides the city with adequate control over specific requirements such as on-site parking, compliance with zoning requirements (lot coverage, setback, etc.) and limitations on unit size.
- Due to the small minimum lot sizes allowable and in order to prevent the overdevelopment of single-family and two-family lots, maintain sufficient separation between dwelling units for protection of privacy and provision of adequate light and ventilation, and preserve the residential character of properties within the R-1, R-2, and R-1/PD zones, the maximum size of any accessory dwelling unit is established as 640 square feet.
The purpose of this chapter is to develop accessory dwelling units through ministerial permit procedures which set forth conditions that mitigate neighborhood and environmental impacts.
The provisions of this chapter shall apply in R-1, R-2 and R-1/PD districts. Accessory dwelling units are not permitted in any other district. Except when sited within the envelope of an existing permitted and legally-constructed primary residence, no accessory dwelling unit may be sited on a lot less than 5,000 square feet in size in the R-1 or R-2 districts or on a lot less than the minimum lot size allowable in the R-1/PD district.
- “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. The unit shall be clearly subordinate to the principal dwelling unit on the parcel by size, location, and appearance. An accessory dwelling unit also includes the following:
- An efficiency unit, as defined in California Health and Safety Code Section 17958.1, except that the efficiency unit shall be required to provide complete cooking and sanitation facilities.
- A manufactured home, as defined in California Health and Safety Code Section 18007, subject to all provisions of Chapter 17.58.
- “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 or building.
- “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
17.78.050 Permit Application for an Accessory Dwelling Unit.
The application for an accessory dwelling unit permit shall be made by the owners in writing and shall contain the following:
- The name of the owner or owners;
- The address of the unit;
- The assessor’s parcel number;
- The total square footage of the accessory dwelling unit;
- A scale drawing showing the lot dimensions, dimensions of existing and proposed unit, and the location and dimensions of all vehicular parking;
- The consent of the applicant to the physical inspection of the premises;
- Neighbor Notification Report indicating adjacent property owners have been given an opportunity to review the plans; and
- Consent to recording of owner-occupancy restrictive covenant.
- Accessory Dwelling Unit Converted from Existing Space – Required Findings.
An accessory dwelling unit within an existing permitted, legally-constructed space, including the primary structure, attached or detached garage, or other accessory building or accessory structure, shall be permitted ministerially with a building permit regardless of all other standards within this Chapter, if the accessory dwelling unit will comply with all of the following:
- Building and safety codes;
- Independent exterior access from the existing residence; and
- Sufficient side and rear setbacks for fire safety.
17.78.070 Newly Constructed Accessory Dwelling Unit (Attached and Detached) Required Findings.
In order to grant a permit to construct an accessory dwelling unit, the following findings shall be made by the community development director:
- The accessory dwelling unit is located on the same lot or parcel on which the owner of record maintains his principal residence and consents to the recording of an owner-occupancy restrictive covenant (deed restriction) per subsection J) below;
- The primary residential unit, accessory dwelling unit and lot comply with existing zoning requirements including, but not limited to, minimum lot size, lot dimensions, setbacks, lot coverage, and building height; however no additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of not more than five feet from each side lot line and a rear setback compliant with the provisions of this Title shall be required for an accessory dwelling unit that is constructed above an existing garage;
- The accessory dwelling unit meets the current Uniform Building Code as adopted by the city;
- Only one accessory dwelling unit shall be allowed for each parcel;
E. Property owners within a 300′ radius have been notified of the proposal for an accessory dwelling unit;
- Adequate sanitary services for the additional increment of effluent resulting from the accessory dwelling unit shall be regulated to the satisfaction of the city engineer;
- Any exterior changes to the buildings on the property, front yard paving, fences, or other improvements regulated by the City have been reviewed and approved as required by Chapter 17.58, Architectural Control and Supervision, of the Foster City Municipal Code.
- All accessory dwelling units shall conform to the definitions set forth in Section 17.78.040;
- The accessory dwelling unit is not intended for sale separate from the primary residence, but may be rented per the provisions of subsection J) below;
- Any accessory dwelling unit may be leased to a maximum of two paying guests, for a period not fewer than 30 consecutive days. If an accessory dwelling unit is constructed pursuant to all of the provisions described herein, the principal residence may be leased to a maximum of two paying guests for a period not fewer than 30 consecutive days. In no case shall both the principal residence and accessory dwelling unit on a lot be leased simultaneously.
- Prior to obtaining a building permit for an accessory dwelling unit, an owner occupancy deed restriction, approved by the City Attorney, shall be recorded with the County Recorder’s Office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.
L. The maximum floor area of an accessory dwelling unit shall not exceed 640 square feet;
- The minimum total area of floor space for any attached or detached accessory dwelling unit mqst comply with minimum size requirements as specified by applicable state law or Building Code and as may be modified by local ordinance;
- No passageway shall be required in conjunction with the construction of an accessory dwelling unit;
0. An accessory dwelling unit located within the envelope of an existing primary residence shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection. Notwithstanding the aforesaid, any detached accessory dwelling unit shall provide fire sprinklers as required by Fire Code and as may be amended by local ordinance;
P. Any accessory dwelling unit shall be located a minimum distance of ten feet from any dwelling existing or under construction on the same lot or any adjacent lot; and
Q. Any detached accessory dwelling unit shall be located within the rear half of the lot and comply with all other provisions of this Title.
17.78.080 Parking Requirements for Accessory Dwelling Units.
- Parking requirements for accessory dwelling units shall not exceed one parking space per unit. This space may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback. Exception to the requirement for provision of one parking space may be made per subsection B) below.
- Parking is not required in the following instances:
- The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stops.
- The accessory dwelling unit is located within the envelope of an existing permitted and legally-constructed principal unit or within a permitted and legally constructed accessory building or accessory structure which is compliant with all relevant Building, Fire, and other applicable code.
- When there is an approved car share vehicle for which a Foster City Business License has been issued and remains active, located within one block of the accessory dwelling unit.
- Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit
- Except as contained herein, minimum parking capacity as required for the primary residence and accessory dwelling unit shall be maintained at all times consistent with the requirements of Chapter 17.62.
17.78.090 Permit issuance.
Pursuant to Government Code Section 65852.2 mandating ministerial approval of accessory dwelling units if all of the applicable standards are met, the community development director shall approve the accessory dwelling unit permit. The community development director may attach conditions of approval to ensure compliance with this chapter. The decision of the community development director is final and not subject to appeal.
Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Section 5. Taking Effect. This Ordinance shall take effect and be in force thirty
(30) days from and after its adoption.
Section 6. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.
This Ordinance was introduced and read on the 2nd day of October, 2017, and passed and adopted on the 16th day of October, 2017 by the following vote:
AYES: Councilmembers Hindi, Perez, Pollard and Mayor Bronitsky NOES: None
ABSENT: Councilmember Mahanpour
DORI . PALMER, CITY CLERK
BY PRTSCILLA TAM, DEPUTY CITY CLERK
CERTIFICATE OF POSTING
I, Priscilla Tam, hereby certify as follows:
That I am, and at all time herein mentioned, was the duly acting and qualified Deputy City Clerk/Deputy District Secretary of the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California.
I further certify to the proper posting of:
Ordinance No. 609, “An Ordinance of The City of Foster City, Approving Amendments to Chapters 17.04, Definitions, and 17.78, Secondary Residential Unit Regulations, of Title 17, Zoning, of The Foster City Municipal Code – Rz2017-0001.”
in the following four public places of the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California:
- Federal Post Office, Charter Square 1050 Shell Boulevard
- Recreation Center Lobby 650 Shell Boulevard
- Council Chambers (not a mandatory posting site)
620 Foster City Boulevard
- Foster City Public Library 1000 E. Hillsdale Boulevard
Executed at the City of Foster City/Estero Municipal Improvement District,
Foster City, San Mateo County, California this 18th day of October, 2017.
Pris i a Tam Deputy City Clerk