Sacramento City ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Sacramento-City-03-29-2017.pdf

ORDINANCE NO. 2017-0008

Adopted by the Sacramento City Council February 14, 2017

AN ORDINANCE AMENDING SECTION 13.10.220, SECTION 13.10.320, AND VARIOUS SECTIONS OF TITLE 17 OF THE SACRAMENTO CITY CODE, RELATING TO SECONDARY DWELLING UNITS

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

The city council finds the following:

  1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
  1. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.

SECTION 2.

Section 13.10.220 of the Sacramento City Code is amended to read as follows:

13.10.220 Minimum service.

Subject to applicable federal, state, and local laws and regulations, and other applicable provisions of this chapter, the minimum level of garbage collection service is specified in this section.

  1. Residential Property.

    1. Each dwelling unit, excluding a secondary dwelling unit as defined in section 17.108.050, shall have one 32-gallon automatic lift container or equivalent, as determined by the solid waste manager.
    1. Garbage collection service shall be not less frequent than one pickup per week.

B. Commercial Property. Commercial property where garbage is produced or accumulated shall receive the type and frequency of service necessary, in the opinion of the solid waste manager, to prevent the accumulation or keeping of garbage on the premises for a period longer than one week, and to meet applicable sanitation requirements.

SECTION 3.

Section 13.10.320 of the Sacramento City Code is amended to read as follows:

  1. Minimum service.

Subject to applicable federal, state, and local laws, rules, and regulations, and other applicable provisions of this chapter, the minimum level of recyclable collection service is specified in this section.

        1. Residential Property.
          1. Each dwelling unit, excluding a secondary dwelling unit as defined in section 17.108.050, shall have one 64-gallon automatic lift container or equivalent, as determined by the solid waste manager.
          1. The frequency of recycling collection service shall be determined by the director, consistent with any service level requirements approved or adopted by the city council.

B. Commercial Property. The owners and tenants of commercial properties in the city shall comply with the requirements for recycling collection service as set forth in Title IV of the SWA Code, Business Recycling Ordinance, as those provisions may be amended from time to time.

SECTION 4.

  1. The definition of “dwelling unit, secondary” in section 17.108.050 of the Sacramento City Code is amended to read as follows:

“Dwelling unit, secondary” means a dwelling unit that is accessory to a single-unit dwelling located on the same parcel. Secondary dwelling units include accessory dwelling units, as defined in California Government Code section 65852.2.

  1. Except as amended by subsection A above, all provisions of section 17.108.050 remain unchanged and in full effect.

SECTION 5.

  1. The definition of “living area” is added to section 17.108.130 of the Sacramento City Code to read as follows:

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but not including garages or accessory structures.

  1. Except as amended by subsection A above, all provisions of section 17.108.130 remain unchanged and in full effect.

SECTION 6.

  1. The definition of “passageway” is added to section 17.108.170 of the Sacramento City Code to read as follows:

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the secondary dwelling unit.

  1. Except as amended by subsection A above, all provisions of section 17.108.170 remain unchanged and in full effect.

SECTION 7.

Section 17.228.105 of the Sacramento City Code is amended to read as follows:

17.228.105 Secondary dwelling unit.

  1. General requirements.
    1. The lot on which the secondary dwelling unit is located shall be improved with a single-unit dwelling prior to or at the same time as the construction of the secondary dwelling unit.

    1. Only one secondary dwelling unit is permitted on any one lot.
    1. A secondary dwelling unit shall not be included in the calculation of the density of the lot on which the secondary dwelling unit is located.
    1. A secondary dwelling unit located within a historic district or accessory to a landmark is subject to site plan and design review under chapter 17.808.
    2. The secondary dwelling unit shall not be intended for sale separate from the primary dwelling unit and may be rented.
    1. No passageway shall be required in conjunction with the construction of a secondary dwelling unit.
  1. Maximum area—calculation.
    1. The floor area of a detached secondary dwelling unit shall not exceed 1,200 square feet. The calculation of floor area of the detached secondary dwelling unit includes all of the floor area within the building envelope of the entire detached structure, excluding garage space and exterior stairs.
    1. The floor area of an attached secondary dwelling unit shall not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet. If a garage is provided for the attached secondary dwelling unit, the calculation of floor area of the secondary dwelling unit does not include the floor area of the garage.
  1. Development standards.
    1. The minimum distance between the primary single-unit dwelling and a detached secondary dwelling unit is six feet.
    1. The height, lot coverage, and setback requirements applicable to the lot on which the secondary dwelling unit is located apply to the secondary unit, except for the following:
      1. No setback is required for an existing legally-constructed accessory structure that is converted to a secondary dwelling unit; and
      1. A secondary dwelling unit constructed above an accessory

structure shall have a minimum rear-yard setback of five feet; and a minimum side-yard setback equal to the side-yard setback required by the zoning designation for the primary dwelling unit or five feet, whichever is less.

  1. Design standards.
    1. The secondary dwelling unit shall be designed to be architecturally compatible with the primary single-unit dwelling and the surrounding neighborhood in terms of scale; massing; and color, material, and texture

of all exterior materials, including the roof, siding, window types, detailing, and trim.

    1. The design of the secondary dwelling unit shall conform to the design guidelines applicable to the lot on which the secondary dwelling unit is located. If the design of the primary single-unit dwelling or surrounding neighborhood conflict with the applicable design guidelines, the design guidelines control.
    1. New secondary dwelling units should use universal access design features, including “no step” entrances, where topography and site constraints allow.

    1. No portion of a secondary dwelling unit balcony, deck, or open-stair landing that faces the rear lot line or the side lot line nearest to the secondary dwelling unit shall be higher than three feet from the ground.
    1. For secondary dwelling units that do not meet the zoning designation’s setback requirements for the primary dwelling unit, no portion of any window that faces the lot line where the setback requirement for the primary dwelling unit is not met may extend above 10 feet from the ground.
  1. Conversion of existing structures. The requirements in subsections A through D, above, do not apply to a secondary dwelling unit that (1) is entirely contained within an existing single-unit dwelling or existing legally-constructed accessory structure, (2) is not located within a historic district or, if located within a historic district, does not involve modifications to the exterior of the existing structure, (3) does not involve a landmark or, if involving a landmark, does not involve modifications to the exterior of the landmark, (4) has exterior access independent from the existing primary dwelling unit, and (5) the side and rear setbacks are sufficient for fire safety.
  1. Deviations from development and design standards. A request to deviate from the development standards contained in subsection C and the design guidelines contained in subsection D may be made by application for site plan and design review under chapter 17.808.

SECTION 8.

  1. Section 1 of Table 17.608.030B of the Sacramento City Code is amended to read as follows:
Land Use

Central Business and Arts & Entertainment District

Urban District Traditional District Suburban District
1. Residential Uses
Single-unit, duplex dwelling No minimum requirements 1 space per dwelling unit, except on lots equal to or less than 3,200 square feet in the Central City, where there is no minimum requirement 1 space per dwelling unit, except on lots equal to or less than 3,200 square feet in the Central City, where there is no minimum requirement 1 space per dwelling unit
Secondary dwelling unit No minimum requirements No minimum requirements No minimum requirements No minimum requirements
Multi-unit dwelling (3 units or more) No minimum requirements 0.5 space per dwelling unit 1 space per dwelling unit 1.5 spaces per dwelling unit
Fraternity or sorority house; dormitory No minimum requirements 1 space per 3 occupants 1 space per 3 occupants 1 space per 3 occupants
Residential hotel (SRO) No minimum requirements 1 space per 10 dwelling units, plus 1 space for manager 1 space per 10 dwelling units, plus 1 space for manager 1 space per 10 dwelling units, plus 1 space for manager
  1. Except as amended by subsection A above, Table 17.608.030B remains unchanged and in full effect.

SECTION 9.

  1. Subsection D of section 17.608.040 of the Sacramento City Code is amended to read as follows:
    1. Vehicle parking spaces to function independently. Each parking space in an off- street vehicle parking facilities shall function independently of any other parking space, with the following exceptions:

      1. Tandem parking spaces. Off-street vehicle parking facilities that serve a single- unit dwelling, a duplex dwelling, or that are signed as parking exclusively for office employees may utilize tandem parking spaces.
      1. Attendant parking. Attendant vehicle parking is permitted with a director-level site plan and design review, as provided in section 17.808.120. The director may waive or reduce off-street vehicle parking facility development standards required by this chapter as part of site plan and design review.
      1. Stacked parking. Off-street vehicle parking structures that utilize mechanical lifts for stacking parked cars are allowed.

C. Except as amended by subsection A above, all provisions of section 17.608.040 remain unchanged and in full effect.

SECTION 10.

This ordinance is to take effect immediately upon adoption by the City Council, pursuant to section 32(g)(3) of the Charter of the City of Sacramento, as it is an ordinance adopted pursuant to state law.

Adopted by the City of Sacramento City Council on February 14, 2017, by the following vote:

Ayes: Members Ashby, Carr, Guerra, Hansen, Harris, Jennings, Schenirer, Warren and Mayor Steinberg

Noes: None

Abstain: None

Absent: None

Attest:

e-Signed by Shirley Concolino on 2017-03-01 01:05:02 GMT

City Clerk, MMC

March 01, 2017

The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.

Passed for Publication: February 7, 2017

Published: February 10, 2017

Effective: February 14, 2017