San Anselmo ADU / Granny Flat Ordinance

http://caladu.org/ordinance/San-Anselmo-04-24-17.pdf

ORDINANCE NO. 1115

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO REPLACING SAN ANSELMO MUNICIPAL CODE TITLE 10 (PLANNING AND ZONING) CHAPTER 6 (RESIDENTIAL SECOND UNITS) WITH NEW CHAPTER 6 (ACCESSORY DWELLING UNITS), AMENDING SECTIONS 10-3.201, 10-3.402, 10-3.405, 10-3.406, 10- 3.412, 10-3.504, AND 10-3.1701 AND TABLES 3A, 4B, 4E AND 5A OF THE SAN ANSELMO MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH 2015-2016 CALIFORNIA

SENATE BILL 1069 AND ASSEMBLY BILL 2299 PERTAINING TO THE CONSTRUCTION OF ACCESSORY DWELLING UNITS, REPEALING TITLE 10, CHAPTER

5, (SALES OF RESIDENTIAL PROPERTY: REPORTS OF RESIDENTIAL BUILDING RECORDS) AND ADDING THOSE PROVISIONS TO TITLE 9 (BUILDING), CHAPTER 8 ENTITLED SALES OF RESIDENTIAL PROPERTY: REPORTS OF RESIDENTIAL BUILDING RECORDS, AND MODIFYING TABLE 3A TO CLARIFY ZONING REQUIREMENTS FOR FITNESS CENTERS WITH CLASSES AS A PRIMARY USE.

WHEREAS, second units expand the opportunity for small, lower cost, housing units in San Anselmo, while preserving the character of residential neighborhoods;

WHEREAS, the Town Council seeks to make its second unit regulations consistent with the mandatory provisions of Senate Bill 1069 (Wieckowski) and Assembly Bill 2299 (Bloom), while maintaining locally appropriate standards for the construction and occupancy of second units and preserving the health, safety and general welfare of second unit residents; and

WHEREAS, in order to encourage development of new affordable units close to transit and services, the Town seeks to expand the areas where second units are permitted with no discretionary review and to permit accessory dwelling units on commercial zoning district sites that are developed with single-family residences; and

WHEREAS, the Town seeks to move the regulations under Title 10, Chapter 5, related to sales of residential property to Title 9 (Building) to clarify that the Town’s Building Department is authorized to prepare such reports; and

WHEREAS, the Town seeks to implement the purpose of Ordinance No. 1069 by updating the Town zoning regulations regarding fitness centers that have classes as a primary use; and

WHEREAS, on December 5, 2016, and January 23, 2017, the Planning Commission of the Town of San Anselmo conducted a duly noticed public hearing on the proposed Zoning Ordinance amendments, and considered all staff reports, attachments, testimony and recommended that the Town Council modify the regulations as proposed; and

WHEREAS, the Town Council has found that the provisions of this ordinance are consistent with the goals and policies of the Town!s General Plan and other adopted ordinances and regulations of the Town; and

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO DOES ORDAIN AS FOLLOWS:

SECTION 1: The Town Council finds and determines that the adoption of this ordinance, which . is intended to modify existing local regulatory requirements to be consistent with State and local law, is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Re.sources Code section 21080.17, the adoption of an ordinance to implement Government Code section 65852.2. Similarly, the ministerial approval of accessory dwelling unit (“ADU”) applications would not be a “project” for CEQA purposes, and environmental review would not be required prior to approving individual applications.

SECTION 2: Title 10 (Planning and Zoning), Chapter 3 (Zoning), Article 2 (Designation and Establishment of Districts), Section 10-3.201 (Purpose and Intent) is modified as follows:

The following sentence is added to the end of Subsection (a) (R-1-H Very Low Density Residential District), Subsection (b) (R-1-C Single-Family Residential-Conservation District) and Subsection (c) (R-1 Single-Family Residential District): “Accessory dwelling units are permitted as an accessory residential use that is consistent with the general plan and shall not be considered to exceed the allowable density.” ·

Under Subsection (d) (R-2 Medium Density Residential District) “in this table” is replaced with “in this Title” and the sentence “Lots within the District will be developed with either duplex or triplex style development, although lots developed with a single-family detached residential unit and any associated accessory dwelling unit will also be permitted.” shall be replaced with “Lots within the District will be developed with either duplex or triplex style development, although lots developed with a single-family detached residential unit and any associated accessory dwelling unit will also be permitted.”

Under Subsection (e) (R-3 High Density Residential District) “in this table” is replaced with “in this Title” and the sentence “Lots within the District will be developed with either apartment or condominium style development which reflects a compatibility with the Town’s predominantly residential lower density character.” shall be replaced with “Lots within the District will be developed with either apartment or condominium style development which reflects· a compatibility with the Town’s predominantly residential lower density character, although lots developed with a single-family detached residential unit and any associated accessory dwelling unit will alo be permitted.”

The following sentence is added to the end of Subsection (g) (P Professional District),

Subsection (h) (C-1 Neighborhood Commercial District”, Subsection (i) (C-2 Downtown Commercial District”, Subsection G) (C-L Limited Commercial District) and Subsection

  1. C-3 Commercial District: “Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the general plan and does not exceed the allowable density or expand or intensify the residential use.”

SECTION 3: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 3 Land Use Regulations, Table 3A is modified to delete the line for “Accessory Buildings;” add a line for “Fitness Center, Classes as Primary Use,” which are conditionally permitted in the C-1, C-2 and C-3 zoning districts; and change “Second Units” to “Accessory Dwelling Units” as follows (title row for informational purposes only and ho modifications are made to any footnote references by this ordinance) with additions indicated by underline and deleti9ns indicated by strike through text:

LAND USES

DISTR!

CT

R-1- H R-

1-C

R- 1 R- 2 R- 3 p C-1 C-2 C- L C-3
Fitness Center, Classes as Primary Use

c

c

c
Residential, Accessory Dwelling Units

p

p p p p p

p

p

p p

SECTION 4: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 4. – Development Standards, Section 10-3.402 – Development Standards Table is modified to read as follows with additions indicated by underline and deletions indicated by strike through text:

The Development Standards Table, referred to as Table 4A, lists the minimum development standards for each Zoning District. Deviations from development standards set forth in the Development Standards Table, referred to as Table 4A, may only be permitted by (1) an exception; (2) a minor exception; or (3) design review, each of which are listed on the Minor Intrusions into Required Development Standards For Residential Properties Table, referred to as Table 4B; or (4) a variance by the Planning Commission as set forth in Section 10.3.1404(b) of this chapter of the San Anselmo Municipal Code.

The Residential Housing Opportunities (R-HO), Public Facilities (PF), Preliminary Planned Development (PPD), and Specific Planned Development (SPD) Districts are not included on Table 4A. The R-HO District is an overlay district and utilizes development standards for the underlying District. The PPD and SPD Districts are overlay districts and allow for the establishment of development standards suitable to a specific use or project site. The PF District does not include any development standards but allows for the use of development standards appropriate to the specific use or project site as determined by the Planning Commission or the Town Council.

SECTION 5: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 4 Development Standards, Section 10-3.405 Minor Intrusions into Required Development Standards for Residential

Properties Table is modified to read as follows with additions indicated by underline and deletions indicated by strike through text:

The Minor Intrusions Into Required Development Standards for Residential Properties Table, referred to as Table 4B, lists: (a) exceptions, which require no discretionary action by the Planning Director nor Planning Commission; (b) minor exceptions, which require discretionary action by the Planning Director; and (c) minor intrusions that require planning commission design review.

SECTION 6: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 4 Development Standards, Section 10-3.406 “Setback and height exceptions” is modified to read as follows with additions indicated by underline and deletions indicated by strike through text:

The purpose and intent of allowing exceptions to the development standards is to permit minor intrusions into required setback areas. If, in the judgment of the Planning Director, the structure is not a minor intrusion due to its size, location or potential use, the · Planning Director shall require that the structure either adhere to the standards listed in the Development Standards Table, referred to as Table 4A, or obtain a variance from the Planning Commission, as set forth in Section 10-3.1404(b) of the San Anselmo Municipal Code.

SECTION 7: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 4 Development Standards, Table 4B is modified to delete Note 3 and all references to Note 3 in the whole. Table 4B. The remaining notes and references to the notes shall be renumbered accordingly. The text of Table 4B shall be modified as indicated below, with additions indicated by underline and deletions indicated by strike through text. Text from Table 4B that is not shown in this Section 10 is not deleted.

MINOR INTRUSIONS INTO REQUIRED RESIDENTIAL DEVELOPMENT STANDARDS

Table 4B(I)(Z)(J)

Feature Front Rear Interior Side Street Side Review Required
Accessory Structure Detached or Attached
A. For properties with a rear property frontage on Center Boulevard or Red Hill Avenue (one of the

following):

1. One, similar in type to gazebo, tool shed, or play structure, Jess than 200 square feet in area up to 1O’ in height(SJ above the ground surface subject to screen landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of 20′ 4′

8′

8′

E

Feature Front Rear Interior Side Street Side Review Required
accessory buildings be similar to that of the main dwelling; or
2. One, similar in type to gazebo, tool shed, or play structure, less than 200 square feet in area exceeding 1O’ in height<5>, but no higher than 12′ in height above the

ground surface subject to screen landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling; or

20′ 6′

8′

8′

E

3. One, similar in type to gazebo, tool shed, or play structure, less than 200 square feet in area up to 1O’ in height<5> above the ground surface subject to screen

landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling; or

20′ 4

O’

O’

DR
4. One, similar in type to gazebo, tool shed, or play

structure, less than 200 square feet in area exceeding 10′ in height<5>, but no higher than 12′ in height above the ground surface subject to screen landscaping between

the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling.

20′ 6′ O’ O’ DR
B. For all other properties:

One, similar in type to gazebo, tool shed, or play structure less than 120 square feet in area (measured to

exterior walls or surfaces) and 8′ or less in height above the grotind surface<5>

20′ O’ O’

0′

E

Carport, Garage

Enclosure of anArea Directly Below an Existing Deck

To create additional living area. O’ 0′ O’

0′

DR

SECTION 8: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 4 Development Standards, Table 4E Table of Maximum Sizes of Dwellings on Residential Properties Located Above 150 Mean Sea Level Elevation, Note 1 shall be modified as indicated below, with additions indicated by underline and deletions indicated by strike through text.

Note (1)

Adjusted Floor Area is defined as the gross exterior floor area (as measured from the exterior framing of the outside wall) in the main dwelling PLUS:

    1. Any garage space after the first 500 square feet;
  1. Any enclosed accessory buildings;
  2. Any potential living space with minimum dimensions of 8 feet by 10 feet and 7.5 feet head room; and
  3. Any accessory dwelling unit.

SECTION 9: Title 10 (Planning and Zoning), Chapter 3 (Zoning), Article 4 (Development Standards), Section 10-3.412 (Maximum Floor Area and Maximum Lot Coverage for Dwellings and Improvements on Single-Family Residential Properties Located Below 150 Mean Sea Level Elevation) is modified to change “Second Units” to “Accessory Dwelling Units”.

SECTION 10: Title 10 (Planning and Zoning), Chapter 3 (Zoning), Article S (Parking and Loading Regulations) is modified to read as follows with additions indicated by underline and deletions indicated by strike through text:

10-3.S04 – Enlargement and alteration to dwelling units and conversion of garages, carports, and uncovered parking spaces.

  1. Any dwelling unit having less than the required number of vehicular parking spaces as required by the Parking Standards Table, referred to as Table SA, may be enlarged provided that one (1) of the following conditions is satisfied:

    1. The required number, setbacks, siting, configuration, and size of off-street parking spaces as required by the Parking Standards Table, referred to as Table SA, of the San Anselmo Municipal Code shall be provided prior to the first ·building department inspection for the enlargement, except that the parking spaces may be in tandem and within established setback areas; or

    1. The enlargement does not include a room suitable for use as a bedroom nor does the enlargement include the conversion of an existing room for use as a bedroom.

  1. No parking space either uncovered or within a garage or carport, having minimum dimensions of eight (8′) feet in width by seventeen (17′) feet in depth, shall be converted to a use other than for vehicular parking, unless the following conditions are satisfied: (1) The site has the required number of on-site parking spaces as required by the Parking Standards Table, referred to as Table SA, of the San Anselmo Municipal Code and the spaces comply with all provisions for setbacks, siting, configuration and size; or

  1. Each converted parking space shall be replaced with one (1) legal parking space that complies with all provisions for setbacks, siting, configuration, and size prior to the first inspection for the building permit; or

  2. When a garage, carport, or covered parking structure is structurally altered or modified to create an accessory dwelling unit, each converted parking space shall be replaced with one (1) legal parking space that complies with all provisions for setbacks, siting and size prior to the first inspection for the building permit, but the spaces may be located in any configuration on the same lot as the accessory dwelling

unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts; and

  1. For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

SECTION 11: Title 10 (Planning and Zoning), Chapter 3 (Zoning), Article 4 (Development Standards), Table SA (Parking Standards Table) is modified as follows (title row for informational purposes only and no modifications are made to any footnote references by this ordinance) with additions indicated by underline and deletions indicated by strike through text:

RESIDENTIAL LAND USE NUMBER OF REQUIRED

ON-SITE PARKING SPACES

Accessory Dwelling Units See Title 10, Chapter 6

SECTION 12: Title 10 Planning and Zoning, Chapter 3 Zoning, Article 17 Definitions, Section 10-3.1701 “Purpose and intent” is amended to delete definitions for “Accessory way,” “Acreage, gross,” and “Acreage, net” and “Residential second unit – nonconforming” and to add and amend the following definitions to read as follows, with additions indicated by underline and deletions indicated by strike through text:

“Accessory dwelling unit. Refer to Title 10, Chapter 6, Section 10-6.103.”

“Attic” means an open space at the top of a dwelling situated wholly or partly within the roof.

“Fitness Center” includes exercise activity as the primary use. Classes as a primary use would fall under “private school.”

“Kitchen.” A room or space within a building used or intended to be used for cooking or preparation of food, which includes any of the following: stove, oven, range top, convection oven, cooking burners, microwave oven or refrigeration equipment. A separate or second kitchen does not exist if configuration of appliances and the floorplan clearly indicate that the space will not and cannot be used as a separate living unit, such as an unenclosed pool cabana . Interpretation of whether or not an area is or is not a separate kitchen shall be by the Planning Director pursuant to this section.

Residential second unit. Refer to “accessory dwelling unit.”

“Residential unit” means a building, or portion of a building, designed for occupancy as living quarters by one (1) household and having no more than one (1) kitchen and at least

one (1) bathroom. A residential unit may be either detached, attached, multi-family, or may be a manufactured structure. A residential unit may be owned, either wholly or as part of a condominium or stock cooperative, or may be rented as an apartment. Also includes “dwelling unit.”

School, private. “Private school” means a school operated by a private agency or organization which serves as an alternative to public education for kindergarten through twelfth (12th) grade, as a technical training school, or a fitness center with classes as a primary us.

Second unit. Refer to “accessory dwelling unit.”

“Unenclosed” means a space with or without a permanent roof that is not enclosed by

walls, windows or doors on at least two sides. Insect screening would not constitute enclosure.

SECTION 13. Deletion of Current Residential Second Unit.Provisions: San Anselmo Municipal Code Title 10 (Planning and Zoning), Chapter 6 (Residential Second Units) is hereby deleted in its entirety from the San Anselmo Municipal Code. ·

SECTION 14. Adopting of Accessory Dwelling Unit Chapter: New Chapter 6 (Accessory Dwelling Units) is hereby added to Title 10 (Planning and Zoning) of the San Anselmo Municipal Code:

Chapter 6 – ACCESSORY DWELLING UNITS

Sections:

Article 1.-Purpose, Applicability, Definitions 10-6.101 -Purpose.

This Chapter provides regulations for developing accessory dwelling units. The purpose of permitting accessory dwelling units is to expand the opportunity for small, lower cost, housing units in San Anselmo, while preserving the character of residential neighborhoods.

10-6.102 – Applicability. An accessory dwelling unit may be constructed on a lot that meets all of the following minimum standards:

(a) Zoning district. A lot located within a single family or multifamily zoning district (R-1- C, R-1-H, R-1, R-2 or R-3) or any commercial zoning district ‘(C-1, C-2, C-3, C-L or P).

(b) Existing primary dwelling unit. A lot that is presently developed with one primary dwelling. In addition, an accessory dwelling unit may be approved in connection with a building permit to construct a new primary dwelling. An accessory dwelling unit may

not be constructed on a lot that is developed with more than one dwelling or commercial uses.

(c) Conforming parking. The parking spaces on the lot conform to the required parking dimensions, access, surface and number of spaces, Sections 10-3.502, 10-3.507, 10-3.509, 10- 3.511, and Table SA of this Code and the lot will continue to have conforming parking after development of the accessory dwelling unit. Nonconforming residential second units in existence at the time of this ordinance adoption shall be allowed to continue until such time as the properties containing such nonconforming units expand or enlarge any building area, or until such time as fifty (50%) percent or more of the primary living unit or residential second unit should be destroyed. Thereafter, all residential second units shall conform to the provisions of this ordinance.

10-6.103 – Definitions.

In addition to the terms defined by Article 17 (Definitions), the following terms shall have the following meanings as used in this Chapter:

, “Accessory dwelling unit” means a dwelling unit ancillary to a primary dwelling unit that 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 parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.l of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Attached accessory dwelling unit” means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of a primary dwelling unit, and also includes an existing garage attached to a primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling unit, and construction of a new basement or story underneath a primary dwelling unit to accommodate an accessory dwelling unit.

“Detached accessory dwelling unit” means an accessory dwelling unit that is constructed as a separate structure from the pnmary dwelling unit, and also includes an existing garage detached from the primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling unit.

“Interior accessory dwelling unit” means an accessory dwelling unit that is legally created entirely within the existing living area of a primary dwelling unit or existing living area of an accessory structure.

“Existing garage” means a legally constructed attached or detached garage that is in existence and/or granted a certificate of occupancy prior to January 1, 2017.

“Existing living area” means the legally constructed living area of a primary dwelling unit or accessory structure that is in existence and/or granted a certificate of occupancy prior to January 1, 2017.