Pleasanton ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Pleasanton-6-13-17.pdf

ORDINANCE NO. 2161

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING THE MUNICIPAL CODE TO COMPLY WITH STATE LEGISLATION FOR ACCESSORY (SECOND) DWELLING UNITS.

WHEREAS, the State legislature has passed two new bills amending the Government Code pertaining to Accessory Dwelling Units (ADU), Senate Bill (SB) 1069 and Assembly Bill (AB) 2299, that require all cities and counties in California to adopt an ADU ordinance consistent with the new provisions in the Government Code to make it easier for property owners to create second dwelling units; and

WHEREAS, the State legislature also passed a bill, AB 2406, allowing local jurisdictions the option to adopt ordinances for Junior Accessory Dwelling Units (JADUs), which are no more than 500 square feet in area, are typically bedrooms in a single-family home, and must be entirely within an existing structure; and

WHEREAS, this ordinance adopts amendments to the Pleasanton Municipal Code (PMC) to address ADUs and the addition of JADUs, in conformance with State law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Adopts and amends the Pleasanton Municipal Code as set forth in the attached Exhibit A.

SECTION 2. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times”, a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.

SECTION 3. This ordinance shall be effective thirty (30) days after its passage and adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on April 18, 2017 by the following vote:

Ayes: Noes: Absent: Abstain:

Councilmembers Brown, Narum, Olson, Vice Mayor Pentin None

Mayor Thorne None

And adopted at a regular meeting of the City Council of the City of Pleasanton on May 2, 2017 by the following vote:

Ayes: Noes: Absent: Abstain:

Councilmembers Brown, Narum, Olson, Pentin, Mayor Thorne None

None None

3.26.020 Terms and definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated in this section:

  1. “Land use category” means any of the following specified land uses:

    1. Residential:
      1. Single-family detached;
      1. Single-family attached (no more than two units);
      1. Multi-family (three or more units);
      1. Accessory dwelling or junior dwelling unit.
    1. Office.

 

15.08.470 Auxiliary (accessory dwelling) unit.

“Auxiliary (accessory dwelling) unit” means any dwelling unit added to a lot of a single-family dwelling unit as defined in Government Code Section 65852.2, as may be amended or as provided in city of Pleasanton local ordinances. Also referred to as “in-law unit,” “au pair unit,” “granny unit,” “auxiliary dwelling unit,” “guest unit,” or “second unit.” (Ord. 1895 § 1, 2003; Ord. 1203 § 3, 1983; prior code § 2-15.01.44.5)

 

17.36.040 Exemptions.

This chapter shall not be applicable to the following categories of residential units:

  1. Accessory dwelling or junior accessory dwelling units approved in accordance with city zoning regulations.

 

17.46.040 Formula for dedication of land.

  1. The formula for determining acreage to be dedicated is as follows:

Dwelling Type Assumed Density Standard: Acres/DUs
SinQle-familv 2.87 persons/DU 0.01435 acres/DU
Multi-family 2.30 persons/DU 0.01150 acres/DU
    1. For purposes of this subsection, the following definitions shall apply:
      1. “Single-family dwelling unit” shall mean:

 

        1. A dwelling unit occupying a separate, legal lot or parcel (example: a detached single-family home or paired or attached single-family home);

        1. A primary dwelling unit located on the same site as an accessory dwelling unit whether the accessory dwelling unit is detached or attached to the primary unit, but an accessory dwelling unit meeting the requirements in Chapter 18.106 of this code is not considered a single-family dwelling unit;

        1. A dwelling unit which is part of a structure containing no more than two dwelling units where both dwelling units are located on the same parcel of land (examples: duplexes, duets).

 

17.46.120 Exemptions.

  1. The provisions of this chapter do not apply to an accessory dwelling or junior accessory dwelling units meeting the requirements in Chapter 18.106 of this code.

 

18.08 (Definitions)

18.08.016 Accessory dwelling units.

“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 lot as the one-family dwelling is situated. An accessory dwelling unit also includes the following:

A.An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code.

B.A manufactured home, as defined in Section 18007 of the California Health and Safety Code. (Ord. 1885 § 2, 2003; Ord. 1812, 2000; Ord. 1690 § 1, 1996).

18.08.268 Junior accessory dwelling units.

“Junior accessory dwelling unit” means an area not exceeding 500 square feet in size that is entirely contained within the space of an existing detached residential dwelling unit. It shall include its own separate interior and exterior entrances, sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. The cooking facility shall have appliances that do not require electrical service greater than 120 volts, or natural or propane gas. The junior accessory unit may share a bathroom with the existing residential dwelling unit or may have its own bathroom.

 

18.28.030 Permitted uses.

The following uses shall be permitted in the A district:

A. One-family dwellings and accessory dwelling or junior accessory dwelling units. Not more than one dwelling unit and an accessory dwelling unit or junior accessory dwelling unit, shall be permitted on each site; .

 

18.32.030 Permitted uses.

The following uses shall be permitted in the R-1 districts:

H. Accessory dwelling or junior accessory dwelling units meeting the requirements in Chapter 18.106 of this title.

 

18.36.030 Permitted uses.

The following uses shall be permitted in the RM multi-family districts:

H. Accessory dwelling or junior accessory dwelling units meeting the requirements in Chapter 18.106 of this title.

 

Table 18.84.010

SITE DEVELOPMENT STANDARDS FOR ZONING DISTRICTS IN PLEASANTON

ZONING DISTRICT MINIMUM LOT SIZE MINIMUM YARDS

SITE AREA PER DWELLING UNIT

GROUP USABLE OPEN SPACE PER DWELLING UNIT

18.84.170′

BASIC FLOOR AREA LIMIT (% OF SITE AREA)

MAXIMUM HEIGHT OF MAIN STRUCTUR

E 18.84.140

CLASS 1ACCESSORY

STRUCTURES 18.84.160

Area

Width

18.84.05

0

Depth

Front

18.84.08

0

One Side/ Both Sides 18.84.090

Rear

18.84.090

Maximum Height 18.84.140

Minimu m Distance to Side Lot Line

Minimu m Distance to Rear Lot Line

A

5 acre 300 ft

30 ft

30 ft; 100

ft

so ft

30 ft 30 ft 30 ft 30 ft
R-1- 40,000

40,000

sq ft

18.84.0

40

150 ft

150 ft

18.84.06

o

30 ft 5 ft; 50 ft 30 ft 40,000 sq ft

25% 30 ft 15 ft** 20 ft 20 ft
;-

R-1- 20,000

20,000

sq ft

18.84.0

40

100 ft

125 ft

18.84.06

o

25 ft 5 ft; 30 ft 25 ft 20,000 sq ft

30% 30 ft 15 ft**

3 ft

5 ft
R-1- 10,000

10,000

sq ft

18.84.0

40

80 ft

100 ft

18.84.06

o

23 ft 5 ft; 20 ft 20 ft 10,000 sq ft

40% 30 ft 15 ft••

3 ft

5 ft

 

MINIMUM LOT SIZE MINIMUM YARDS GROUP BASIC

CLASS 1ACCESSORY

SITE AREA

USABLE FLOOR MAXIMUM STRUCTURES 18.84.160

OPEN AREA HEIGHT OF

ZONING PER Minimu Minimu SPACE PER LIMIT MAIN

DISTRICT Width Front One Side/ DWELLING

Rear DWELLING (% OF

STRUCTUR

Maximum m m

Area 18.84.05 Depth 18.84.08 Both Sides UNIT Height Distance Distance

18.84.090 UNIT SITE E 18.84.140

0 0 18.84.090 18.84.170′ AREA) 18.84.140 to Side to Rear

Lot Line Lot Line

R-1-8,500

8,500 sq

ft

75 ft

lOO ft

18.84.06

23 ft 5 ft; 15 ft 20 ft 8,500 sq ft

40% 30 ft 15 ft** 3 ft 5 ft

18.84.0 o

40

R-1-7,500

R-1-6,500

7,500 sq

ft

18.84.0

40

6,500 sq

ft

18.84.0

40

70 ft

65 ft

100 ft

18.84.06

0

100 ft

18.84.06

0

23 ft 5 ft; 14 ft 20 ft 7,500 sq ft

23 ft 5 ft; 12 ft 20 ft 6,500 sq ft

40% 30 ft 15 ft** 3 ft 5 ft

40% 30 ft 15 ft** 3 ft 5 ft

RM-4,000

8,000 sq

ft

100 ft 4,000 sq ft

70 ft 18.84.06 20 ft 7 ft; 16 ft 30 ft 18.84.030( E

0 )

40% 30 ft . 15 ft** 3 ft 3 ft

RM-2,500

7,500 sq

ft

lOO ft 2,500 sq ft

70 ft 18.84.06 20 ft 8 ft; 20 ft 30 ft 18.84.030( E 400 sq ft 50% 30 ft 15 ft** 3 ft 3 ft

0 )

10,000

100 ft 2,000 sq ft

RM-2,000 80 ft 18.84.06 20 ft 8 ft; 20 ft 30 ft 18.84.030(E 350 sq ft 50% 40 ft 15 ft** 3 ft 3 ft sq ft

0 )

RM-1,500

10,500

sq ft

80 ft

100 ft

18.84.06

0

20 ft 8 ft; 20 ft 30 ft

1,500 sq ft

18.36.060

18.84.030(E

)

300 sq ft

50%

40 ft 15 ft** 3 ft 3 ft

0 10,00 80 ft lOO ft 20 ft 10 ft; lO ft 30 30 ft 15 ft 3 ft 3 ft Dwellings not

O sq 20 ft

ft

permitted %

C-N

3 acre min.

300 ft

300 ft 20 ft 20 ft; 40 ft

lO ft

Dwellings not

30% 30 ft

15 ft 20 ft

10 ft

5 acre permitted

max.

18.84.13

1,000 sq ft

40 ft 40 ft

C-C — — 18.84.130 18.44.090 150 sq ft 300%

0 18.84.150 18.84.150

18.84.030E

C-R 18.44.080A 18.44.080A Dwellings not permitted 18.44.080A 18.44.080A

C-S

10,000

sq ft

80 ft 100 ft 10 ft

10 ft Dwellings not permitted 100% 40 ft 40 ft

lO ft

C-F

30,000

100 ft 130 ft 20 ft

20 ft; 40

10 ft Dwellings not permitted 40% 40 ft 40 ft 20 ft lO ft

sq ft ft

ZONING DISTRICT MINIMUM LOT SIZE MINIMUM YARDS

SITE AREA PER DWELLING UNIT

GROUP USABLE OPEN SPACE PER DWELLING UNIT 18.84.170′

BASIC FLOOR AREA LIMIT (% OF SITE AREA)

MAXIMUM HEIGHT OF MAIN STRUCTUR E 18.84.140

ClASS 1ACCESSORY

STRUCTURES 18.84.160

Area

Width

18.84.05

0

Depth

Front

18.84.08

0

One Side/ Rear

Maximum Height 18.84.140

Minimu m Distance to Side Lot Line

Minimu m Distance to Rear Lot Line

Both Sides

18.84.090

18.84.090
C-A 10 acre 300 ft 300 ft 20 ft

20 ft; 40

l

ft

O ft Dwellings not permitted 40% 40 ft 40 ft 20 ft 10 ft

1-P

20,000

sq ft

140 ft 140 ft 2S ft

20 ft; 40

l

ft

S ft Dwellings not permitted SO % 40 ft 40 ft 20 ft 2S ft

1-G

20,000

1-G 40,000

1-G 3 acre

20,000

sq ft

40,000

l

sq ft

3 acre

100 ft l

SO ft

200 ft

SO ft

300 ft

300 ft

2S ft

2S ft

2S ft

10 ft; 20

l

ft

10 ft; 20

l

ft

20 ft; 40

ft

S ft

S ft

so ft

Dwellings not permitted 100% 40 ft 40 ft l O ft

lO ft

20 ft

2S ft

2S ft

so ft

18.84.150 18.84.150

Q

SO acre

100 ft 100 ft;

200 ft

100 ft

40 ft

18.84.150

40 ft

18.84.150

100 ft

18.52.060

18.52.100

100 ft
18.52.060-18.52.100

p

18.56.020{A)

s

18.60.060

RO

18.64
PUD 18.84.020

co

18.72
CAO 18.80*
NOTE: F()r further information, refer to the applicable sections of the Pleasanton Municipal Code (Shown in italics)
  • The standards of the Core Area Overlay (CAO) District apply to residential development in the downtown area.
•• In the R-1 and RM districts, accessory dwelling units constructed above a detached garage may exceed S feet in height and shall not exceed 25 feet in height as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure.

0100090000038d00000002001c00000000000400000003010800050000000b0200000000050000000c020700600f040000002e0118001c000000fb021000070000000000bc02000000000102022253797374656d0075e0591904447225000ee30f758001147500d1890750722500040000002d010000040000002d01000004000000020101001c000000fb02a4ff0000000000009001000000000440002243616c6962726900000000000000000000000000000000000000000000000000040000002d010100040000002d010100040000002d010100050000000902000000020d000000320a570000000100040000000000620f06002000360005000000090200000002040000002d010000040000002d010000030000000000

18.84.160 Accessory structures-Location and yards.

F. Accessory dwelling units shall comply with the regulations in Chapter 18.106 of this title.

 

18.88.030 Schedule of off-street parking space requirements.

  1. Dwellings and Lodgings.
    1. Single-family dwelling units shall have at least two parking spaces. Accessory dwelling units shall adhere to the parking requirements in Section 18.106.

 

Chapter 18.106 (Accessory and junior accessory dwelling Units)

Sections: 18.106.010

18.106.020

18.106.030

18.106.040

18.106.050

18.106.060

18.106.070

Purpose.

Use requirements.

Density and growth management program.

Standards for attached accessory dwelling units-Height limitations, setbacks, open space, and other regulations. Standards for detached accessory dwelling units-Height limitations, setbacks, open space, and other regulations. Required standards for all accessory dwelling units.

Required standards for junior accessory dwelling units.

18.106.010 Purpose.

Accessory and junior accessory dwelling units are a valuable form of housing in the city. These units meet the city’s general plan housing policies related to: attaining a variety of housing types; providing housing stock to lower income households; including lower income housing units within market rate housing projects; providing alternative, nontraditional means suited to the community to fill lower and moderate income housing needs; meeting the city’s share of regional housing needs; providing a means to assist homeowners in financing the acquisition of a home; and providing security to homeowners living alone.

The further purpose of this chapter is to comply with the requirements of State law. To do so, this chapter identifies those zoning districts where an accessory dwelling unit or junior accessory dwelling unit meeting enumerated standards to ensure neighborhood compatibility is a permitted use in that district.

18.106.020 Use requirements.

A. Accessory dwelling units and junior accessory dwelling units are permitted uses in the R-1 one-family residential district, RM multi-family residential district, planned unit developments zoned for residential uses and A agricultural district, if the original unit is a legal single-family dwelling unit and the accessory dwelling unit meets all of the standards set forth in Section 18.106.060 of this chapter and the applicable site standards in Section 18.106.040 of this chapter for attached accessory dwelling units and in Section 18.106.050 of this chapter for detached accessory dwelling units or Section 18.106.070 of this chapter for junior accessory dwelling units. A public hearing for design review purposes only shall be held if required by Chapter 18.20 of this title.

  1. The application for an accessory dwelling or junior accessory dwelling unit shall be submitted to the planning division prior to the application for a building permit to the building division and shall include:

    1. Plot plan (drawn to scale) showing the dimensions of the lot on which the accessory dwelling or junior accessory dwelling unit will be located; the location and dimensioned setbacks of all existing and proposed structures on the proposed site; all easements; building envelopes; and parking for the project site.

    1. Floor plans of the entire structure with each room dimensioned and the resulting floor area calculated. The use of each room shall be identified.

C. When the site development regulations of this chapter (e.g., height, setback, size of the accessory dwelling or junior accessory unit) conflict with specific regulations in a planned unit development or specific plan for second units (not simply regulations for general class I accessory structures), the planned unit development and specific plan shall control.

18.106.030 Density and growth management program.

A. An accessory dwelling or junior accessory dwelling unit shall not be considered in applying the growth management program in Chapter 17.36 of this code.

8. An accessory dwelling or junior accessory dwelling unit is not considered to increase the density of the lot upon which it is located.

18.106.040 Standards for attached accessory dwelling units-Height limitations, setbacks, open space, and other regulations.

Attached accessory dwelling units shall meet the requirements in Section 18.106.060 of this chapter and the following requirements:

A. Attached accessory dwelling units shall be subject to the maximum height, and the minimum front, rear, and side yard requirements of the main structure.

  1. The gross floor area of an attached accessory dwelling unit greater than a 150 square foot efficiency unit shall not exceed 50 percent of the gross floor area of the existing main dwelling unit, with a maximum increase in floor area of 1,200

    • square feet. In this instance, the gross floor area of the existing main dwelling unit is the size of the unit prior to the accessory dwelling unit addition/conversion.

C. Except as modified by this chapter, all other regulations embodied in the zoning of the property for main dwellings shall apply to the development of attached accessory dwelling units.

 

18.106.050 Standards for detached accessory dwelling units-Height limitations, setbacks, open space, and other regulations.

Detached accessory dwelling units shall meet the requirements in Section 18.106.060 of this chapter and the following requirements:

  1. Detached accessory dwelling units shall not exceed 15 feet in height and shall be limited to one-story structures, except that a detached accessory unit may be constructed above a detached garage, provided the garage meets the minimum setback requirements of the site’s zoning district and the accessory dwelling unit is not less than 5 feet from the side and rear property lines. Accessory dwelling units constructed above a detached garage shall not exceed 25 feet in height in the R-1 district and the RM district, and shall not exceed 30 feet in the A district. Height is measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure.

  1. No setbacks are required for a legal, existing garage converted to an accessory dwelling unit. All other detached accessory dwelling units shall be subject to the following minimum setback requirements:

Zoning District

One-family residential lots in the R- 1-40,000 district and in planned unit developments which follow the site development standards of the R-1- 40,000 district

All other lots

Side Yard Setback

20 feet

5 feet 1

Rear Yard Setback

20 feet

10 feet

1 Side yard setback shall be a minimum of 10 feet on the street side of a corner lot.

  1. The gross floor area of a detached second unit shall not exceed 1,200 square feet.
  1. Except as modified by this chapter, all other regulations embodied in the zoning of the property for class I accessory structures shall apply to the development of detached accessory dwelling units on one-family residential lots.

18.106.060 Required standards for all accessory dwelling units.

All accessory dwelling units shall meet the following standards:

A. Only one other residential unit shall be permitted on a lot with an accessory dwelling unit and one of the residential units shall be owner occupied. The resident owner shall be a signatory to any lease for the rented unit and shall be the applicant for any permit issued under this chapter.