Novato ADU / Granny Flat Ordinance

http://caladu.org/ordinance/novato-03-20-2018.pdf

T H E C I T Y O F

N O V A T O

C A L I F O R N I A

922 Machin Avenue

Novato, CA 94945

415/899-8900

March 14, 2018

California Department of Housing & Community Development 2020 West El Camino Avenue

Sacramento, CA 95833

Dear Sir or Madame:

FA.X.

415/899-8213

1nnt·.1wvato.ort,

Mayor

Josh Fryday Mayor Pro Tern Pam Drew

Councilmembers Denise Athas Pat Eklund Eric Lucan

City Manager

Regan M. Candelario

Attached please find a copy of City of Novato Ordinance No. 1637 addressing revisions to Novato’s zoning regulations for accessory dwelling units and junior accessory dwelling units. This letter is being submitted to satisfy the requirements of California Government Code Section 65852.2.

Please feel free to contact me if you have questions regarding this submittal.

Sincerely,

c]foJe>

Steve Marshall

Planning & Environmental Services Manager Attachment: City of Novato Ordinance No. 1637

ARTICLE 6

Defmitions

Division 19.60 Defmitions/Glossary 6-3

19.60.010 Purpose of Article 6-3

19.60.020 Definitions of Specialized Terms and Phrases 6-3

C. Definitions, C.

Car Share Vehicle. A vehicle available for sharing located in a car share vehicle facility approved by the City.

Car Share Vehicle Facility. A facility of fixed location approved by the City to permit the storage, pick-up, and drop-off of a car share vehicle.

  1. Defmitions, G.

Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Division 19.30 (Parking and Loading).

    1. A garage is an attached or detached accessory structure specifically designed with a door of at least eight feet wide for a single car garage and sixteen feet wide for two cars, providing a parking stall(s) meeting the requirements of Section 19.30.070, enclosed on at least three sides, and served by a paved driveway of sufficient width to accommodate motor vehicle (car or truck) movements and connected to a public or private street.

    1. A carport is an attached or detached accessory structure enclosed on no more than two sides, providing a parking stall(s) meeting the requirements of Section 19.30.070, and served by a paved driveway or drive aisle of sufficient width to accommodate motor vehicle (car or truck) movements and connected to a public or private street.

P. Defmitions, P.

Public Transit Facility. A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service,or intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute period .

5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with anyprovisions of Section 19.34.031, may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.

19.20.100 Setback Requirements and Exceptions.

E. Limitations on the Use of Setbacks. Required setback areas shall only be used in

compliance with the following requirements, and as provided by Section

      1. (Outdoor Dining Display and Sales):

l . Structures.Required setback areas shall not be occupied by permanent structures other than:

        1. The fences and walls permitted by Section 19.20.040 (Fences, Walls, and Hedges);
        1. The projections into setbacks allowed by Subsection D. (Allowed Projections into Setbacks); and
        1. Accessory uses and strnctures pennitted by Section 19.34.032.
  1. Storage. No required setback shall be used for the storage of inoperable vehicles, scrap,junk, building materials, or similar material.
  1. Parking. Required residential parking shall not be located within a front (or side on a streetside comer lot) setback area. Required parking for an accessory dwelling unit may be exempted from this standard. Non-required residential parking (e.g., guests parking on a driveway) is allowable within required setback areas only on paved driveways, and within paved side yards, in compliance with Section

19.30.070 (Parking Design Standards), and Section 19.34.170 (Vehicle Parking in Residential Zones).

  1. Pavement . Within a residential zoning district, pavement within a front yard setback shall be limited to no more than 50 percent of the area of the required setback, unless a greater percentage of paved area is approved through Design Review.

2. Tke City sha-11 pro:viee Hotice iR compliaaee with Divisioe 19.58 Public

HeariRgs. The City ska-II provide a emtrtesy notice in compliallce ·.vith Division

19.58.020’8. A courtesy notice shall be mailed to the owners of real property that adjoin the parcel on which the junior accessory dwelling unit is proposed.

3. The Community Development Director shall render an approval ordenial of the junior accessory dwelling permit application within 120 days of submittal.

  1. Submittal Requirements. Application for a junior accessory dwelling unit shall include a completed application for a junior accessory dwelling unit permit and the following information as deemed appropriate by the Zoning Administrator.

    1. Plot Plan (Drawn to Scale): Dimension the perimeter of parcel on which the junior accessory dwelling will be located. Indicate the location and use of all existing and proposed structures on the project site.

    1. Floor Plans: A dimensioned plan drawn to scale of the existing primary dwelling identifying the use of each room and identifying the room(s) to be dedicated to the junior accessory dwelling unit, including an exterior entrance. The resulting floor area calculation f the proposed junior accessory dwelling unit shall be include, which shall include the area of any dedicated bathroom, if any, for the exclusive use of the junior accessory dwelling unit.

    1. 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.

  1. Deed Restriction. Prior to obtaining abuilding permit for ajunior accessory dwelling unit, a deed restriction, approved by the City Attorney as to form and signed by the Community Development Director or designee, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of a junior 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. A copy of the recorded deed restriction shall be filed with the Department stating that:

    1. The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;

    1. The junior accessory dwelling unit may not be rented for a period of less than 30 consecutive calendar days;

    1. The junior accessory dwelling unit is restricted to the size approved by the Community Development Director;

    1. The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the junior accessory dwelling unit, is occupied by the owner ofrecord of the property;

3. Sale Prohibited: Ajunior accessory dwelling unit shall not be sold independently of the

primary dwelling on the parcel.

4. Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section D below.

  1. Location of Junior Accessory Dwelling Unit: Ajunior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom.

  1. Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling unit.

  1. Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

    1. A sink with maximum width and length dimensions of sixteen(16) inches and with a maximum waste line diameter of one-and-a-half (1.5) inches,

b. A cooking facility or appliance which does not require electrical service greater than one-hundred-and twenty (120) volts or natural or propane gas, and

c. A food preparation counter and storage cabinets which do not exceed six (6) feet in length.

  1. Parking: No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

Table 313

DEVELOPMENT STANDARDS FOR JUNIOR ACCESSORY

DWELLING UNITS

  1. Application Processing.
    1. The Community Development Director shall issue ajunior accessory dwelling unit permit if the application provides the information required per the Submittal Requirements (Section C below) and conforms to the Development Standards (Section A above).

prior to issuance of a building permit for the accessory dwelling unit and run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that:

I. The accessory dwelling unit shall not be sold separately from the primary dwelling unit;

    1. The accessory dwelling unit is restricted to the maximum size approved by the Community Development Director.
  1. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property;

  2. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of Section 19.34.030, may result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property.

5. The accessory dwelling unit shall not be rented for a period of less than 30 consecutive calendar days.

  1. Fees

    1. Accessory dwelling units are subject to the requirements for the payment of Development Impact fees in accordance with the Citys fee schedule.
    1. Connection fees for utilities shall be paid as established by each utility. 19.34.031- Junior Accessory Dwelling Units2

This Section provides standards for the establishment of junior accessory dwelling units, in compliance with State Law (Government Code § 65852.2) and Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) as an alternative to the standard accessory dwelling unit, permitted as set forth in Section 19.34.030, and are allowed in accordance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table 3-13:

l. Number of Units Allowed: Only onejunior accessory dwelling unit may be located on any residentially zoned lot that permits a singlfamily dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may onlybe located on a lot which already contains one legal single-family dwelling.

2. Owner occupancy: The owner of a parcel proposed for ajunior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling.

TABLE 312

DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS

Site or Design Feature Site and Design Standards
Attached Units I Detached Units
Maximum unit size1

7SO sfl (1)

750 sfl (1)

Maximum gross floor area 50 percent of the existing living area (2).

60 percent of the existing living area

(2).

Minimum gross floor area

150 sf

150 sf

Setbacks

As required for the primary dwelling unit by Article 2.

No setback shall be required for an existing garage (previously permitted and meeting the definition of Garagein Division 6) that is converted to an accessory dwelling unit;

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 garage.

A minimum side and rear yard setback of five (5) feet shall be required to allow an existing accessory structure to be converted to an accessory dwelling unit, representing the minimum setbacks sufficient for fire safety.

Height limit As required for the primary dwelling unit by Article 2 As required for the primary dwelling unit by Article 2
Parking As required by Section 19.34.030 B.14

Notes: (1)

(2)

50 square feet of additional floor area may be allowed for each 2,000 square feet of lot size over

10,000 square feet up to a maximum of 1,000 square feet of floor area.

Living area is defined asthe interior habitable area of a dwelling unit including basements and attics,

but does not include a garage or any accessory structure.

    1. Application Processing.
    1. A courtesy notice shall be mailed when an accessory dwelling unit is proposed in

compliance with Division 19.58 Public Hearings.

The Community Development Director shall issue an approval or denial of the accessory dwelling permit application within 120 days of submittal.

  1. Deed Restriction. A deed restriction, approved as to form by the City Attorney and signed by the Community Development Director or designee, 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 be recorded

conjunction with the construction of an accessory dwelling unit, replacement parking shall be provided on-site. Replacement parking spaces for the primary dwelling unit must comply with Section 19.34.040.

    1. On-site parking is not required for an accessory dwelling unit in any of the following instances:
      1. The accessory dwelling unit is located within one-half mile of apublic transit facility.

      1. The accessory dwelling unit is located within an architecturally and historically significant historic district.

      1. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure meeting the development standards applicable to an accessory dwelling unit as stipulated in this Section.

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

5. When there is a car share vehicle facility located within one block of the accessory dwelling unit.

8. Separate entry required for attached units: A separate exterior entry shall be provided to serve an accessory dwelling unit.

9. Architectural Compatibility: An accessory dwelling unit shall incorporate the same or similar architectural features including height, building materials and colors as the primary dwelling unit or compatible dwellings located on adjacent properties.

0. Second Story Design: Any window, door or deck of a second story accessory dwelling unit shall utilize teclmiques as set forth in the Second Floor Residential Design Review Guidelines to lessen the impacts onto adjacent properties.

11. Permanent Foundation: A permanent foundation shall be required for all accessory dwelling units.

12. Street Address Required: Street addresses shall be assigned to all accessory dwellings to assist in emergency response. The street address shall be the same as the primary dwelling followed by the letter A.”

  1. Overlay and Environmental Protection Standards: For properties subject to Overlay Districts (Division 19.16) and Environmental Protection areas, including, Hillside and Ridgeline Protection (Division 19.26), Waterways and Riparian Protection (Division 19.35), Wetland Protection and Restoration (Division 19.36) and Woodland and Tree Preservation (Division 19.39), accessory dwelling units shall not be permitted unless they comply with the standards and requirements contained in said divisions.
  1. On-Site Parking:
    1. Oneparking space perbedroom contained in the accessory dwelling unit,which may be provided as tandem parking on an existing driveway, in addition to those required for the primary residence.

    1. The required parking spaces for the accessory dwelling unit may be uncovered. If an accessory dwelling unit requires two additional on-site parking spaces, they may be uncovered and in tandem with each other.

    1. Where an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, replacement parking shall be provided on-site. Replacement parking spaces may be permitted in any configuration on the lot, including but not limited to covered, uncovered, or tandem spaces, or by the use of a mechanical lift. Notwithstanding the immediately preceding sentence, replacement parking may not be located in the front yard setback or the street side setback of a comer lot except on a driveway.
    1. Where an existing garage, carport, or covered parking structure is converted in