Hayward ADU / Granny Flat ADU

http://caladu.org/ordinance/hayward-11-30-17.pdf

ORDINANCE NO. 1716

AN ORDINANCE ADDING SECTION 101.2740 TO CHAPTER 10 (PLANNING, ZONING, AND SUBDIVISIONS) OF THE HAYWARD MUNICIPAL CODE TO REVISE AND UPDATE REGULATIONS RELATED TO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Proyisions. The City Council incorporates by reference the findings contained in Resolution No. 1 7161approving the text changes to the Hayward Municipal

( Code requested in Zoning Text Amendment Application No. 201701087.

Section 2.Chapter 10, Planning, Zoning, and Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to add certain text (as indicated by underline) and delete certain provisions (as indicated by strikethrough) in the attached Exhibit A, related to the development of Accessory Dwelling Units (commonly referred to as in-law units, secondary dwellings, or granny flats),introduced herewith and as specifically shown in this Ordinance.

Section 3. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.

Section 4. Effective Date. In accordance with the provisions of Section 620 of the City Charter, the Ordinance shall become effective immediately upon adoption.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the .3filhday of October. 2017, by Council Member Mendall.

ADOPTED at a regular meeting of the City Council of the City of Hayward,

held the 7th day of November. 2017, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS: Zermeno, Mendall, Peixoto, Lamnin, Salinas MAYOR: Halliday

NOES: COUNCIL MEMBERS: Marquez ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None

& :ro

City Attorney of the City of Hayward

EXHIBIT A

CHAPTER 10 PLANNING. ZONING. AND SUBDMSIONS

ARTICLE 1 ZONING ORDINANCE

SECTION 1 0-1 . 200 SINGLE FAMILY RESIDENTIAL DISTRICT (RS)

SEC.101.215 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the RS District:

( (1) Residential Uses.

(a) Attadled seeead E:V.velliag Hait (A:lse referred te as a “Graaay er ie. law 11Bit.” See Section 10 l.24eR., for criteria) Accessory dwelling unit. (Also referred to as uGranny flat. inlaw unit. second dwellioi unit” See Section 10-1.2740 for criteria and standards.

(b) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional singlefamily dwelling may be constructed provided the minimum development standards (lot size,setbacks, height, etc., can be met for each dwelling).

SEC.10-1.245 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

n. Second Dwelling Unit, Attached (“Granny or in law unit”). .”a attached second dweUieg uait (“Graaay or in law 1:1ait) may be constructed in aceordaace N-ith the feUov.riag stladarEls:

(1).A..n attae’ked seeead dwelliag uait may ealy ee added te an: eidstiag detaehed siegle family Ek;ellieg ea a paFeel eeataiaiag RB ether ewelliags, anaNhieh kas at least tv;e ee?Jered paFIEing spaees, nith at least oae eemmea wall setv.<eeR the attaehed seeoed d1t•elling \IRit aRd the liviag or garage area of the eKistieg d7Nelliag.

  1. 1n1 1attaehed seeoed EVNelliag Heit s’kall eeetaie RB more thae oee eedFoom, s’kall l:ie a mieimHm ef 4QQ SEfHaFe feet ia area aad shall eat 0*eeed Ei40 Sfl:HaFe feet ia area. Ne addit:ieaal covered parlaag shall be prev:ided.

  2. A.nyseflarate eaby eoesa=ueted fer ae attadled secoad awellieg HRit shaU ‘Be lecated ORiy ie tRe side, side street (if appreyed by the Plaanieg Directer) or rear yara.

  3. An attaehed seeoRd dwellieg HRit shall he eeaeted as part ef the primary baildieg eeverage reetaireffieRts and alse shall eee.form te all reqaired lot, yard, aed height reairemeRts.

(S) 1a1 1attaekeel secoeEi dv,iellieg Hait snail aot be sole separat;ely from tRe primary E:Vnellieg, hut it

may he reated.

(€;) ,A.n attaetled seeoea el?t.<elliag Hait sllall eely be appro1ed ·where the evJBer of the eX:istieg el?Nellieg has a-pplied fer the ln1ilding f1eARit aRd v.‘here same evlffer resides ia the primary

<Pnellieg at tRe time of applicatiea and Bee1:1paney of the attaehed seeoad dwelliag.

(7) Unless exem13ted, as determined by the Building Official, the primary or existing dwelling and tR.e attacheel seconi:l swelling Hnit shall conform to all applicable City code requirements; for eJCamf!le, building, fire, plumbing, electrical. A Certif.ieate of Oceupaaey shall t-i.ave eeen oatained far both units prior to occwpancy of the attached second Elwelliag.

(Q) An attached second dv.elliag unit shall not be located 1Nithia the gaFage area or a converted garage area of the existiag dwelling Hnless adeql:late substitute 2 ear garage parking is prov-ided outside required froRt, side, and side streetyards.

  1. The e1£terier design of the attached second dwelling 1;1:ait shall appear to eoastib:lte aB integral

part of the primary dwelliag aHd not a seflarate dwelling 1:1nit

SECTION 10-1.300 RESIDENTIAL NATURAL PRESERVATION DISTRICT (RNP) SEC. 10-1.315 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the RNP District:

(1) Residential Uses.

    1. Attached secoad dwelliag HRit:. (A-lse refenea to as a “Graaay or ia larN Hait.” See eetiea 1Q 1.24SH., for eriteria) Accessory dwelling unit. (Also referred to as Granny flat. in-law unit. second dwelling unit. See Section 10-1.2740 for criteria and standards.

SECTION 10-1.400 MEDIUM DENSITY RESIDENTIAL DISTRICT (RM) SEC. 10-1.415 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the RM District:

(1) Residential Uses.

  1. Attached seeoHd dv.relliag unit. (Also referrea to as a “Graaay or iR larN 1:1Rit.” See £ectien 10 1.24Sn., for eriteria) Accessory dwelline unit. (Also referred to as “Granny flat. in-law unit. second dwelling unit. See Section 1 0-1.2740 for criteria and standards.

  2. Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc., can be met for each dwelling)

SECTION 10-1.500 HIGH DENSITY RESIDENTIAL DISTRICT (RH) SEC. 10-1.515 USES PERMITTED.

  1. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the RH District:
    1. Residential Uses.
      1. Second dwel:lieg eait at:aceeel te siagle family elwelliag. (A.Jse refeFFed te as a “Gra.aey YRit,” See Seetioe 1Q 1.&48.ii for criteria.}

SEC, 1 01 . 600 RESIDENTIAL-OFFICE DISTRICT (RO) SEC.10-1.615 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the RO District:

(1) Residential Uses.

(a) Attaeked seeoe.d dwellieg YRit. (J.clse Feferred te as a “Graeey er iR law uait. See Seetioe. lQ 1. 4S.e fer criteria} Accessory dwelling unit. (Also referred to as Granny flat. in-law unjt. second dwelline unitn See Section 10-1.2740 for criteria and standards.

  1. Second singlefamily dwelling. (Where one singlefamily dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling.

SEC.1 01. 1 1 00 COMMERCIAL OFFICE DISTRICT (CO) SEC.101.1120 CONDTIONALLY PERMITTED USES.

    1. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CO District subject to approval of an administrative use permit:

(4) Residential Uses.

(c} Attaehed secoed dznelling ueit. (..\lso referred to as a Graeny eF in law eeit.” See Seetioa

( 10 1.24§.H for criteria)

(d) Second single-family dwelling. (Where one singlefamily dwelling already exists on a lot, one additional singlefamily dwelling may be constructed provided the minimum development standards Oot size, setbacks, height, etc.) can be met for each dwelling.

SEC.1 01 . 1 520 CENTRAL CITY -COMMERCIAL SUBDISTRICT ( CC-CJ SEC.101.1522 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary usespermitted in the CCC District:

  1. Accessory buildings and uses. (See Section 10.1.1555.)
  2. Accessory dwellin unit. (Also referred to as “Granny flat. in-law unit . second dwelling unit” See Section 101.2740 for criteria and standards.

t2j(3) Garage sales. (4 per year per dwelling.See General Regulations Section 101.2735.d.)

00 (4) Home occupation. (See definitions)

f41(5) Household pets.

{st (6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City -Commercial Subdistrict

SEC. 10-1.1530 CENTRAL CITY RESIDENTIAL SUBDISTRICT (CCR} SEC.10-1.1532 ·USES PERMITTED.

  1. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CCR District as primary uses.:

(4) Residential Uses.

  1. Artist’s loft.(Live above place of business)
  2. Boarding home.
  3. Group home. Within existing single-family dwellings. (6 or fewer residents, excluding staft).
  4. Multiple-family dwellings. (Density per Downtown Hayward Design Plan)
  5. Seeoad family dwelliag, attacked.

(t) Single-family dwelling. (Existing as of May 4, 1993, including their accessory structures and uses)

  1. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the CC-R District:
  1. Accessory buildings and uses. (See Section 10.1.1555.)
  2. Accessory dwelling unit. (Also referred to as “Granny flat. in-law unit. second dwelling unit. See Section 101.2740 for criteria and standards.

{2j(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.)

(4) Home occupation. (See definitions)

f41(5) Household pets.

{st (6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City -Residential Subdistrict.

SEC.10-1.1540 CENTRAL CITY PLAZA SUBDISTRICT (CCP)

SEC. 10-1.1542 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the CC-P District:

  1. Accessory buildings and uses. (See Section 10.1.1555.)
  2. Accessory dwelling unit. (Also referred to as “Granny flat. in-law unit. second dwelling unit.” See Section 10-1.2740 for criteria and standards.

W(3) Garage sales.(4 per year per dwelling. See General Regulations Section 101.2735.d.)

{d} (4) Home occupation. (See definitions)

Page 6of0rdinance 17-16

{4} (5) Household pets.

{St(6) Indoor storage.(Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City -Plaza Subdistrict

SEC.1 01 . 1 900 AIR TERMINAL ( AT-RM) SEC.10-1.1972 -AT-RM USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the AT-RM District:

(1) Residential Uses.

{al Accessory dwellin unit (Also referred to as “Granny flat. in-law unit. second dwelling unit See Section 1 0-1.2740 for criteria and standarcls.

(

SEC.101.2000 AGRICULTURAL DISTRICT (A) SEC. 101.2015 USES PERMITTED.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the A District:

(1) Residential Uses.

(&).A..ttaehed seeaed wnellieg 1:1ai (Alse FefeFFeel ta as a “Graeay er ie law H:RiL” See Seetiea 1Q 1.24§,e fer EFiteria) Accessory dwelling unit (Also referred to as Granny flat. in-law unit. second dwelling unit” See Section 1 0-1 . 2740 for criteria and standards.

(c) Second single-family dwelling. (Where one single-family dwelling already exists on a lot,

one additional single-family dwelling may be constructed provided the minimum

( development standards (lot size, setbacks, height, etc.) can be met for each dwelling.

SECTION. 1 0-1. 2740 ACCESSORY DWELLING UNITS SEC.10-1.2741PURPOSE.

The ordinance codified in this section establishes regulations for the construction of accessory dwellinf:’ units subordinate to single-family dwellings . Accessory dwellings units provide housinfl opportunities in a flexible manner to address the unmet demand for afford able housinG’ and achieve the goals . objectives. and policies of the Hou sing Element and General Plan to provide a diverse mix of housing options for the comm u nity.

Page 7 ofOnlinance 1716

SEC.10-1.2742 DEFINITIONS.

a. Accessory dwelling unit(s)” shall be defined as an attache d. detached. or inte rn al residential dwelling unit which provides com plete independent living facilities for one or more person s. It shall include permanen t prov isions for living. sleeping. eating. cooking. and sanitation and shall be located on the same pa rcel an existing single-family dwelling is situated or to be situated with the proposed development of single-family dwelling(s).

SEC. 10-1.2743 LOCATION CRITER A.

  1. Accessory dwelling units as detached. attached. or inter nal accessory uses shall be permit ted in th e SingleFamily Residential (RS). Residential Nature Preservati on (RNP). Medium-Den sity Residential (RM). Residential Office (RO). Agricultural (A) zoning districts. and in the T-3 Suburban transect zone in the Mission Boulevard Corridor Form-Ba sed Code area. where one legally constructed single family dwelling exists as th e primary structure on the parcel.

  2. Accessory dwelling units limited exclus ively to the intern al conversion or repurpo se of an existing structure shall be permitted in the following zon ing districts: Central City Commercial (CCC). CentralCity Residential (CC-R). CentralCity Plaza (CCP). and AirportTerminal Medium Density Residential (ATRM) zoning districts. provided one legally constructed singlefamily dwelling exists as the primary structure on the parcel.

  1. Planned Development Districts. The new construction of attached and detached accessory dwellings u nits shall not be permi tted in Planned Development (PD) zoning districts. unless otherwise specified within the original development proposal as an amenity . Accessory dwelli ng units involvi ng the i nternal conversion of an existing structure shall be permitted provided the proposed uni t com plies with the criteria set forth in Section 1 0-1 .2743(b) and the remainde r of this Article. as applicable.

SEC. 10-1.744 DESIGN AND DEVELOPMENT STANDARDS.

All proposed accessory dwelling units shall comply with the following design and development standards:

  1. Quantity. On any one parcel of land. no more than one accessory dwelling unit shall be allowed regardless of the number of singlefamily dwellings located on the lot.

  2. Unit Size. All proposed accessory dwelling units shall not exceed SOpercent of the habi table fl oor area of the existing single-family residence or 1 .200 square-feet. whichever is less. Habitable floor area calculation shall not include garages. detached accessory structures. pati o covers. porches. covered and uncovered balconies. and decks as determined by the Planning Director .

Page 8 ofOrdinance17-16

  1. Maximu m N umber of Bedrooms . Accessory dwel li n g units shall not exceed a max i mum of two bedrooms as sleeping quarters.

  2. Attach ed Units. Accessory dwelling units proposed to be attached from the primary residence shall comply with the developme n t standa rds set forth by the u nderlying zoninc for the primary structure including. but not limited to. setbacks. lot coverage. height. and architectural com patibility.

e. Detached Units. Accessory dwelling units proposed to be detached from the primary residence shall com ply with the minimum design and performance standards set forth by the underlying zoning district for detached. accessory and secondary structures including. but not li mited to. setbacks. lot coverage . h ei gh t. distance between structu res. location and architectu ral compatibility.

f. Setbacks. Accessory dwelling units proposed to be constructed atop of existing . legal detached garages shall provide a mi nimu m fivefoot setback from the interior side and rear property lines. unless a greater setback is reguired pursuant to Building and Fire standards or tbe property is a corner lot which shall comply with the minimum street­ side setback requirements . Accessory dwelling units proposed to be attached or detached shall conform to the development standards and performance standards set forth in tbe underlying zoning district

  1. Height Restrictions. Accessory dwelling units shall comply with the following height restrictions based on the proposed location of the unit:

    1. Accessory dwelling un its attached to the pri mary structu re shall com ply with the height li mitat ions of the underlyi ng zoni ng district for the princi pal structu re.

    2. Accessory dwelling u nits to be detached from the pri mary struct ure shaH be limited to the height restrictions set forth in tbe underlying zoning district for detached.

(_ accessory and secondary structures.

    1. Accessory dwelling units proposed to be constructed atop of legally constructed detached garages shall be subject to the review and approval of a discretionary Site Plan Revjew application in accord9nce with Section 1 0-1 .3000 of the Hayward Municipal Code. In order to deny a Site Plan Reyiew application. the Plannin Director shall fi nd that the accessory dwelling unit would be detrimental to the public health and safety or would introdu ce unreasonable privacy impacts to the immediate neighbors. In any instance. the accesso ry dwelli ng unit shall be li mited to the maxim um height r estriction of the pri mary structu re within the u nderlying zoning d istrict

  1. I ndependent Exterior Access. Accessory dwelli ng u n its shall provide an independent exterior access separate from the primary residence. The separate entry constructed for the accessory dweJling unit shall not face the street or the public right-of-way.

Page9 of Ordinance 1716

  1. Owner Occupancy. The legal property owner of the lot shall be required to reside in either th e primary residenc e or the accessory dwelling unit located on the parcel. At no ti me shall the property owner rent the primary dwelling and the accessory dwelling unit separately or allow the mai n house and the accessory dwelling unit to be sublet individually while the property owner resides elsewhere.

    1. The accessory dwelling unit shall not be sold separately from the principal residence . The rental and lease period for either uni t shall be longer than a m ini mu m of 30days an d sh all not be utili zed as a shortterm r enta l.

j. Fire Sprinklers. Accessory dwellin& units shall not be required to be equipped with fire sprinklers unless fire sprinkler installation is required for the primary dwelli ng

  1. Park Dedicat i on InLieu Fees. Each accessory dwelling unit whether detached. attached. or internal shall be required to pay the applicable Park-Dedication In-Lieu fee as set forth in Chapter 1 0. Article 1 6 of the Haywa rd Municipal Code (Property Developers Obligations for Parks and Recreation) prior to the date of final inspection or the date the Certificate of Occu pancy is issued for the development. whichever occurs first.

    1. Private Sewage System. If the accessory dwelling unit is proposed to incorporate or utilize a private sewage disposal system (e.g. septic tank or on-site wa stewater treatment system). the applicant shall be required to provide documentation and proof by th e Alameda County Depa rtment of Environmental Health at the time of application. No private sewage disposal shall be permitted where there is an available public sewer wi thin 200-feet. measured along streets. alleys. or public right-of -way upon which a lot abuts pursuant to Chapter 11. Article 3 (Sanitary Sewer System) of the Hayward Municipal Code.

SEC. 101.2745 ADDITIONAL PROVISIONS FOR THE CONVERSION OF EXISTING STRUCTURES TO CREATE ACCESSORY DWELLING UNITS.

      1. Setbacks. No side or rear yard setback shall be required for an existing. legally constructed garage or accessory structure that is converted into an accessory dwelling unit provided it is sufficient for fire safety standards as determined by the Hayward Fire Departmen t and Chief Building Official.

      2. Utility Connection Fees. Accessory dwelling units constructed within the building envelope of the existing principal residence. garage. or accessory structure shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

      3. Parking. No additional parking shall be required if the accessory dwelling unit is located is within the existing building envelope of the primary residence or accessory structure. u nless it involves the conversion of a garage or red uction of the off-street parking requirem ent for the parcel.

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