Placerville ADU / Granny Flat Ordinance

http://caladu.org/ordinance/placerville-11-06-2017.pdf

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE DELETING THE DEFINITION OF DWELLING UNIT, SECONDARYAND ADDING THE DEFINITIONS OF DIRECTOR, DWELLING UNIT, ACCESSORY, DWELLING UNIT, ATTACHED ACCESSORY’,‘DWELLING UNIT, DETACHED ACCESSORY, ‘KITCHEN”, LIVING AREAAND PASSAGEWAY” IN SECTION 4 OF CHAPTER 1OF TITLE 10, AND REPLACING IN ITS ENTIRETY SECTION 12; SECONDARY DWELLING UNITS OF CHAPTER4 OF TITLE 10 WITH SECTION 12:ACCESSORY DWELLING UNITS, AND AMENDING ALL REFERENCES OF SECONDARY DWELLING UNITWITHIN CHAPTER 5 OF TITLE 10 AND REPLACING WITH ACCESSORY DWELLING UNIT’OF THE PLA.CERVIILE

CITY CODE TO CONFORM TO CHANGES IN STATE LAW REGARDING ACCESSORY DWELLING UNITS

The City Council of the City Placerville does hereby ordain as follows: SECTION 1.FINDINGS AND DETERMINATIONS.

A. Assembly Bill 2299 (amending Section 65852.2 of the Gov.eroment Code) and Senate Bill 1069

(atnending Sections 65582.1,. 65583.1, 65589.4, 65852.150, 65852.2, and 664122 of the Government Code), which were signed into law by the Governor on September 27, 2016, streamline cunent statewide regulations and encourage the building of new accessoty dwelling units to create more housing options.

B. Inoxder to fully comply with the above referenced California legislation, the City of Placerville must amend its Zoning Ordinance.

  1. That adoption of this ordinance is statutorily exempt frotn. the California Environtnental Quality Act (CEQA) pursuant to Public Resoutces Code section 21080.17,which provides, in pertinent part, that CEQA does not apply to adoption of an otdinance to implement the provisions of Govemment Code section 65852.2.This ordinance implements recent amendments to Government Code section 65852.2, and on that basis adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15282(n).
  1. The City Council of the City of Placerville finds and declates an amendment to Section 101-4 [Definitions], 10-412 [Secondary Dwelling Units], 1054(B6) [RE, Estate Residential Zone],

105S(B-6) [R1A,Single-Family Acre Residential Zone], 1056(B-5) [R1, 20,000 SingleFamily Residential Zone], 1057(B-4) [R1, 10,000 Single-Family Residential Zone], 105-S(B-4) [R1, 6,000 Single-Family Residential Zone],1059(B-4) [R2,Low Density MultiFamily Residential Zone], 105-tO(B4) [R3, Medium Density Multi-Family Residential Zone], 10-51t(B-4) [R-4, High Density Multi-Family Residential Zone] and 10512(B-4) [Vety High Density Multi-Family Residential Zone] of Title 10 [Zoning] is necessary for the aboYe reasons.

SECTION 2. Section 4 of Chapter 1of Title 10 Definitions,is hereby amended as follows:

(A) The existing definition of DWEILING UNIT, SECONDARYis deleted in its entirety.

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(B) The follow.ing words and phrases along with their definitions are added:

DIRECTOR The City of Placetville,Development Services D.itector

DWELLING UNIT,

ACCESSORY (ADU): An attached or detached residential dwelling unit which provides complete

.independent living facilities for one or more persons. It shall include a kitchen as defined herein, as well as permanent provisions for living, sleep.ing, eating, cooking. and sanitation on the same parcel where the primary .tesidence is situated.

There are two (2) types of secondary dwelling units: (1) units attached to the existing dwelling, including units located within the livingarea of an existing dwelling unit

DWELLING UNIT, ATTACHED ACCESSORY:

DWELLING UNIT, DETACHED ACCESSORY:

KITCHEN:

LIVING AREA:

PASSAGEWAY:

An ADU that occupies part of the £1.oo.t a.tea of the existingresidence, including an ADU attached to the existing residence by one or more common walls.

A new or existing structure that is located on the property such that the unit

does not share any walls with the pritna.ry residence,

Kitchen shall mean a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing.A kitchen shall include all of the following: a sink with hot and cold running water; a range or stove-top and an oven; at a minimum,an apartmentsized refrigerator of more than 5 cubic feet capacity; and builtin dish and utensil storage spaces. In addition to the aforementioned improvements, a kitchen may also .inch1de any of the following: mic:xowave, convection oven, hot plate· or automatic dish washet.

The interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure.

A pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of an accessory dwelling unit.

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SECTION 3.Section 12 of Chapter 4 of Title 10 is hereby aniended injts entirety and replaced as

follows:

SECTION 10-412: ACCESSORY DWEILING UNITS (ADU)

(A) Purpose; The putpose of this chapter is to provide for the creation of accessory dwelling units inresidential zones and to set forth criteria and regulations of those accessory dwelling units.

  1. Applicability of Regulations: The provisions of this Section shall apply to allparcels that are occupied by one single-family dwelling unit and zoned RE, R1A, Rl6,000, Rl10,000, Rl- 20,000, R2, R3, R-4, and R5.
  1. Permitted use: Accessory dwelling units as defined inSection 10-41axe a pen:nitted use in the City’s residential zoning districts for residential use that is consistent with the City’s general pla:n, the specific zone for the parcel on which the accessory dwelling unit is to be located, and this Section.
  1. Development and use regulations: ADUs a.re subject to the following standards, restrictions

and regulations:

    1. Minimum parcel area: six thousand (6,000) square feet or as provided under Section

10-4-2(A) [Parcel Area].

2. Primacy Residence. A singlefamily residence must be located on the parcel..

3. Density.No more than one (1) ADU ispermitted on any one parcel.

4. Subdivision. A parcel having an ADU ma.y not be subdivided ina manner that would allow for the :ma.in dwelling and accessory dwelling unit to be located on separate parcels that do not meet the minimum parcel are width and/or depth required by the single-family zoning district inwhich the par<;:el is located.

  1. Minimum Yards.
    1. An attached ADU shall comply with all minimum yard requirements for the main dwelling established by the single-family zoning district inwhich the parcel is located.
    1. A detached ADUs shall comply with all minimum yard requirements for the main dwelling established by the residential zoning district inwhich the parcel is located, with the exception of a detached ADU that would not exceed the height standard per Section 10-4-3(D). may be located on the required teat yard up to five (5) feet frotti the rea.r parcel line.

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  1. F1oor Area.
    1. Detached ADU.Maximum pe.cmissible floor area shall be 50% of the square footage of the existing p.timaq residence, except that the maximum shall not be less than six hundred (600) square feet, or more than twelve hundred (1,200) square feet.

(b) Attached ADU. The increased floor area of an ADU attached to an existing primary residence shall not exceed fifty percent (50%) of the existing living area, except that the maximum shall not be less than six hundred (600) square feet, ru: more than twelve hundted (1,200) square feet

7. Passageway. No passageway shall be requited in conjunction with the construction of

an ADU. .

8. Building Covetage. ADU units shall count towards the total building coverage for the parcel and the entire building coverage of all buildings may n,ot exceed the petmitted building coverage established by the singlefamily wning district inwhich the parcel is located.

  1. Height. The maximum pconitted height of an ADU is the same as the maximum permitted height for the residential zoning district in which the parcel is located.
  1. Parlcing. One (1) offstreet parking space is requited, except as provided in Section 11 (Parking Exceptions) below,inaddition to the requited patlcing for the main dwelling unit, that may be provided in the following coti.ons and areas inaddition to the areas allowed for the maindwelling:

    1. In tandem, meaning one (1) car located directly behind another car, including a single-car driveway leading to two (2) requited parking spaces for the main dwelling; or

(b) Within .required interior sideyards.

  1. Parking Excepti.ons. The offstreet parking requitement of Section 10-4-12(0)(10) Parking, does 110t apply to the following ADUs:
    1. ADUs located within onehalf tnile of public transit as determined by the Directot.

(b}ADUs located within an architecturally and historically significant historic district.

(c) Existing ADUs that were permitted without additional parking.

  1. When on-street parking pennits are required but not offered to the occupant of the ADU.
  2. When a car share vehicle is located within one block of the accessory dwelling unit

as determined by the Director.

12. Consistency.All accessory dwelling units shall comply with allapplicable development regulations for the .zoning district inwhich the parcel is located and building code

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requirements set forth inTitle 4, Construction Regulations, unless otherwise specifically provided fot .in this section.

  1. Aesthetics. The accessory dwelling unit shall be similat or compatible incharacter to the prim.aty residence on the site and to the surrounding residences intetms of roof pitch, eaves,building materials, colors and landscaping.

For residential zoned properties listed on the California Register of Historic Places, Placerville Historic Resource Inventory,or inan dopted historic district, any exteri.o.t changes that can be visible from the public street to the arcbitectw:e of existing buildings to create an accessory dwelling shall .tneet the historical criteria requirements of Section 10-41O(B) (Se<;retary of Interior Stan.datds for Rehabilitation and Guidelines fo.tRehabilitating Historic Buildings)1 d shall comply with the requirements of City Code Sections 10-49 and 1n-4-10. .

      • Tenancy. Either the main dwelling or the ADU shallbe occupied by the property owner when both units are occupied as dwelling units.
  1. Conversion of accessory buildings:
    1. An accessory buildingmay be eligible to convert into an ADU, subject to meeting cdteria as outlined insubsection (2) of this section and approval through the process outlined inSection 104-12(F). No additional offstreet parlcing shall be required to convert an accessory building into an ADU.
    1. Eligbi ility. The follo-w:ing criteria must be met inorder to be eligible for the conversion Qf an accessory building:
      1. Other supporting, docutnentation to show the building was legally built may be

substituted for a building permit subject to review by the Di.rector.

(b) The accessory building must be upgraded to meet the building code tequirements based on the change of occupancy at the time of the convetsion.

(c) The acccesso.ty :building must meet all of the development regulations of Section 10-4- 12(D). with the exception that no setback shall be required if the conversion is of an existing garage,and a setback of no more than five (5) feet from the side and rear

pared lines shall be required for an ADU that is constructed above an existing

garage.

    1. All or any portion of an accessory building that meets the eligibility ct:i.te.tla as provided inthis section may be demolished and reconstructed to meet the.building code requirements based on the change of occupancy at the time of conversion. The accessory dwelling unit that replaces the accessory buikling may retain the setbacks and the footprint of the legally constructed accessory building. The existing setbacks and footprint of the accessory building must be evidenced by valid building pennits or other supporting documentation subject to review by the Director.Nothing inthis section shall be deemed to authorize the expansion of the footprint or reduction of the setbacks

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beyond that evidenced by a valid building permit or other supporting documentation subject to review by the Director ot to allow the continua.ti.on of any other nonconformity.

  1. Application and processing requirements:
    1. Submittal. The application for an accessory dwelling unit permit sba.11. be submitted to the Development Services Department concuttent with an application and submittal requirements for a building permit Inaddition to the standatd submittal requitements fot a building pennit, an application for an accessory dwelling unit permit shall include allof the following (except as noted below):
      1. Site plan. A site plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessoty dwelling unit; the location and dimensi.on.ed setbacks of all existing and p.roposed structures on the site; all easements,building

envelop, and special requirements of the subdivision as shown on the Flnal Map and imptovem.ent pbns, ifany;and average slope calculations for the site.

(b) Floor plan. A floor plan, drawn to scale, that shows the dimensions of each toom, and the resulting floor area. The use of each rootn shallbe identified, and the size

and location of all windows and doors shall be clearly shown.

(c) Elevations. Atchitectutal elevations of the proposed structw:e showing all openings,

exterior .finishes, original and finish grades, stepped footing outline, and roof pitch.

(d) Materials and color board A mate.rials and color board for the existing residence and the proposed second dwelling unit.

(e) Photographs. Color photographs of the site and adjacent properties, taken from each property line of thesite, to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of each photograph.

Exceptions:Appli0ttions for accessory dwelling units which do not modify a buildings exterior are not requtted to submit c, d,ot e above.

(t) A fee set by the City Council for an ADU shall accotnpany the application.

For residential properties described in subsection (D13) of this Section involving residential historic resources, an ADU .request shall also comply with the application and submittal requirements under City Code Sections 10-4-9: Site Plan Review and 10-410: Historical Building In the City.

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    1. Application Review and Decision.
      1. Non-Historic Residential Resources. The Director, or the duly appointed teptesentativ.e, shall act on an application for an ADU petmit within 120 da.ys of subtnittal of a complete application for residential properties not described in subsection (D13) of this Section involving historic residential resources.The ADU permit shall be issued only ifthe proposed ADU com.plies with all development and use regulations in this Section.

(b) Historic Residential Resow:ces. ‘The PlanningCotntnission shall act on an application for an ADU for residential properties described in subsection (D13) of this Section. The Planning Commission shall conside.t all development and use regula.tions in thls Sectlo and the historical criteria requirements of Section 10-41O(B) (Secremry of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings), when makingits decision.

  1. Utility Connection Fees.
    1. Except as p:i:ovided insubsection (b). a separate new utility connection and payment of a connection fee or capacity charge pursuant to State law and City fee schedule will be required for any new ADU, payable at time of building permit issuance.

(b) No new or separate utility connection or related connection fee or capacity charge will be required for ADUs that are internal conversions of existing space within a single family residence or an accessoty sttUctw:e.

  1. Covenant and Agreement, A covenant and agreement shall be executed by the property owner, it shall be recorded, and shall contain the following:
    1. A statement that the property owner shall be an owner-occupant and shall reside either inthe primary residential dwelling or the ADU

(b) The ADU shall not be sold sepai:ately from the primary residential dwelling.

(c) The ADU permit shall nm with the land and the ADU permit is binding and enforceable on future property owners.

SECTION 4. Sections 105-4(B6)[RE, Estate Residential Zone], 10-5S(B6) l_R1A, SingleFamily Acre Residential Zone], 10-56(BS)l_R1,20,000 SingleFamily Residential Zone], 1057(B-4) l_R1, 10,000 SingleFamily Residential Zone], 105S(B4) [R16,000 SingleFamily Residential Zone], 10- 59(B5) l_R2,Low Density MultiFamily Residential Zone], 10-510(B-4) l_R3,Medium Density MultiFamily Residential Zone], 10-511(B-4) [R.-4,High Density MultiFamily Residential Zone]

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and 10S12(B-4) [R-5,Very High Density Multi-Family Residential Zone] within Chapter 5 of Title 10 are amended, replacing the term Secondaxy Dwelling Unit with the term Accessory Dwelling Unit, as indicated as follows:

      1. (B-6) Permitted Uses:

Seee One Accessoty Dwelling Unit, subject to the tequirements within City Code

Section 10-4-12.

      1. (B-6) Permitted Uses:

Seeeftds:ty One Accessory Dwelling Unit, subject to the requirements within City Code Section 10-412.

      1. (B5) Pettnitted Uses:

Seee:adaty One Accessozy DwellingUnit, subject to the requirements within City Code Section 10-412.

      1. (B-4) Pennitted Uses:

Seee:adtiy One Accessory Dwelling Unit, subject to the requirements within City Code Section 10412.

      1. (B-4) Pennitted Uses

Seeeftduy One Accessory Dwelling Unit, subject to the requirements within City Code Section 10-4-12.

      1. (B-4) Permitted Uses:

Seootttiai.y One Accessory Dwelling Unit, subject to the requirements within City Code Section 104-12.

10-510 (B-4) Pe.rmitted Uses:

8eeeftds:!y One Accessory Dwelling Unit, subject to the requirements within City Code Section 10-412.

10-511(B-4) Permitted Uses:

Seeeada:If One Accessm:y Dwelling Unit, subject to the requitements within City Code Section 10-4-12.

10512 (B-4) Permitted Uses:

Seee:etla:i.y One Accessoty Dwelling Unit, subject to the requirements within City Code Section 10-412.

SECTION 5.SEVERABILITY. Ifany section of this ordinance, o.t part hereot: is held by a court of competent jurisdiction ina final judicial action to be void, voidable or unenforceable, such section, o.t pa.tt he.reof, shall be deemed severable from the remaining sections of this ordinance and shall inno way affect the validity of the rem.alrung sections hereof.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT DEIBRMINATION. The

City Council hereby finds that this ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from the California Env:irorunental Quality Act pursuant to Public Resources Code Section 21080.17 and California Code of Regulations,Title 14, Chapter 3, Section 15282(h).

SECTION 7. EFFECI’IVEDATE AND PUBLISHING. This ordinance shall take effect 30 days after -adoption.

INTRODUCED on the tenth day of October, 2017.

PASSED AND ADOPTED as an ordinance of the City of Placerville at the regular meeting of said Council on the twentyfourth day of October, 2017, by the following vote:

AYES: NOES: ABSENT:

Acuna, Borelli, Cle.rici, Thomas None

Wilkins

ABSTAIN: None

City of Placerville

Development Services Department

3101 Center Street, Placerville, CA 95667

Housing Policy Department Received on

NOV 6 20f7

October 31, 2017

Planning (530) 642-5252 · Building (530) 642-5240 ·Engineering (530) 642-5250

Paul McDougall, Housing Policy Manager

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

Sacramento, CA 95833

Subject City of Placerville Accessory Dwelling Unit Ordinance

Mr. McDougall,

On October 24, 2017, the Placerville City Council adopted Ordinance No. 1692.1bis ordinance amended the Placerville Zoning Ordinance (Title 10) regarding the regulations and processing of accessory dwelling units within the City of Placerville.

Ordinance 1692 is enclosed. It is sent to you to comply with the Citys requirement under Government Code Section 65852.2(h).

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