San Ramon ADU / Granny Flat Ordinance

http://caladu.org/ordinance/san-ramon-04-25-2018.pdf

ORDINANCE 476

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ADOPTING AMEND1\’1ENTS TO TITLE D, ZONING OF THE

MUNICIPAL CODE OF THE CITY OF SAN RAMON

THE CITY OFSAN RAMON DOES ORDAIN as follows:

Section 1. The San Ramon City Council has considered an Addendum to the 2012 Zoning Ordinance Initial Study and Negative Declaration for the Zoning Ordinance Text Amendment application, attached hereto as Exhibit A, the purpose of complying with the California Environmental Quality Act.

Section 2. The applicable sections of the current Title D, ZONING, of the Municipal Code of San Ramon, are hereby repealed and replaced with the Zoning Ordinance Text Amendments as shown in the attached Exhibit B.

Section 3. Should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.

Section 4. This Ordinance shall take effect thirty (30) days from the date of its passing. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be posted in three public places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.

This Ordinance was introduced and a public hearing held at the February 13, 2018 meeting of the City Council of the City of San Ramon and the Ordinance was subsequently adopted at the February 27, 2018 meeting of the City Council of the City of San Ramon by the following vote:

AYES:Cm.Hudson, O’Loane, Perkins, Sachs, and Mayor Clarkson

NOES:

ABSENT:

ABSTAIN: ATTEST:

&a–

R Beck, City Clerk

Chapter II Residential Zones

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Sections:

    1. Purpose
    2. Purposes of the Residential Zones
    3. Residential Zone Land Uses and Permit Requirements 02-9 Residential Zone General Development Standards

02-10 RC and HR Zone Clustering Requirements

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  1. Purpose

This Chapter lists the land uses that may be allowed within the residential zones established by Section 017 (Zoning Map and Zones}, determines the type of land use permit/approval required for each use, and provides basic standards for site layout and building size.

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  1. Purposes of the Residential Zones

The purposes of the residential zones and the manner in which they are applied are as follows .

  1. RC (Rural Conservation) zone (0.0 to 0.2 du/ac). The RC zone is applied to areas of the City without urban services, with open space and habitat value, where rural single-family residential development may occur at densities of up to one unit per five gross developable acres. Clustering is encouraged to permit suitable development sites with less than 20 percent slope, where the overall project preserves 90 percent of its site in open space. Minimum lot size for new parcels is at

least five acres. The RC zone is consistent with and implements the Rural Conservation land use classification of the General Plan.

  1. HR (Hillside Residential) zone (0.0 to 2.0 du/ac). The HR zone is applied to hillside areas of the City appropriate for single-family dwellings, where proposed development requires special standards to ensure resource preservation and limited visual impacts. Single-family residential development may occur at densities of up to two units per acre_ Clustering is required to permit suitable development sites on less than 20 percent slope, and to preserve 70 percent of an overall development site in open space. Minimum lot size for new parcels is at least five acres. The HR zone is consistent with and implements the Hillside Residential land use classification of the General Plan.

c. RE (Residential Estate) zone (0.2 to 3.0 du/ac). The RE zone is applied to areas of the City appropriate for very low density residential land uses, at densities of 0.2 to 3.0 units per acre, compatible with the topography and public service capacities. The specific allowable density for each parcel is shown on the Zoning Map by a numerical suffix residential density designator (see Section 02-8). Minimumlot size for new parcels ranges from 15,000 to 20,000 square feet. The RE zone is consistent with and implements the Single Family Low Density land use classification of the General Plan.

  1. RS (SingleFamily Residential) zone (3.0 to 12.0 du/ac). The RS zone is applied to areas of the City appropriate for single-family residential land uses in neighborhoods at a density of three to six units per net acre, subject to appropriate standards. The specific allowable density for each parcel is shown on the Zoning Map by a numerical suffix residential density designator (see Section 028). Minimum lot size for new parcels ranges from 3,500 to 12,000 square feet. Depending upon the applicable residential density designator, the RS zone is consistent with and implements the Single

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Family Low Density, Single Family Low-Medium Density, and Single Family Medium Density land use classifications of the General Plan.

  1. RM (Medium-Density Residential) zone (6.0 to 14.0 du/ac). The RM zone is applied to areas of the City appropriate for multiple residential uses, including duplexes, townhouses, or cluster housing with landscaped open space for residents’ use at a density of 6 to 14 units per net acre. Single-family dwellings are also permitted. Minimum lot size for new parcels is 3,500 square feet or larger. The RM zoneis consistent with and implements the Multiple Family High Density land use classification of the General Plan.

  1. RMH (Medium-High Density Residential) zone (14.0 to 22.0 du/ac). The RMH zone is applied to areas of the City appropriate for townhouses or apartments at a density of 14 to 22 units per net acre. Minimum lot size for new multifamily parcels is 10,000 square feet or larger. Single-family dwellings are also permitted with a minimum lot size for new parcels of 2,000 square feet with a maximum of 3,100 based on the per acre RMH density range. The RMH zone is consistent with and implements the Multiple Family High Density land use classification of the General Plan.

  1. RH (High-Density Residential) zone (22.0 to 30.0 du/ac). The RH zone is applied to areas of the City appropriate for compact, high density, well-designed residential development, including apartments and town houses with a density range of 22 to 30 units per net acre. Proposed development will reflect high quality design with integrated open space and recreational and/or cultural amenities, as well as providing workforce housing, structured parking, and units of various number of bedrooms, with specific attention to three and more bedroom units to achieve the overall goal of providing diverse types of dwelling units. Minimum lot size for new parcels is 10,000 square feet or larger. The RH zone is consistent with and implements the Multiple Family Very High Density land use classification of the General Plan.

  1. RVH (Multiple Family-Very High Density) zone (30.0 to 50.0 du/ac). The RVH zone is applied to areas appropriate for the highest density multiple-family residential development within the City, at densities between 30 and 50 units per net acre. Proposed development will reflect high quality design with integrated open space and recreational and/or cultural amenities, as well as providing workforce housing, structured parking, and units of various number of bedrooms, with specific attention to three and more bedroom units to achieve the overall goal of providing diverse types of dwelling units. Minimum lot size for new parcels is 10,000 square feet or larger. The RVH zone is consistent with and implements the Multiple Family Very High Density land use classification of the General Plan.

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  1. Residential Zone Land Uses and Permit Requirements
  1. Applicability. Table 2-1 identifies the uses of land allowed by this Zoning Ordinance in each residential zone, and the land use permit required to establish each use, in compliance with Section 02-3 {Allowable Land Uses and Permit Requirements).

Note: Where the last column in the table (“Specific Use Regulations) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

  1. Additional City review requirements. A land use that is authorized by the planning permit required by Table 2-1 may also require Architectural Review {Section D6-22), and/or Preliminary Plan Review (Section 0626).

  1. Temporary uses. Section D6-27 (Temporary Use Permits) establishes permit requirements and standards for all allowable temporary uses.

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TABLE 2-1

Allowed Land Uses and Permit Requirements for Residential Zones

p Permitted Use,Zoning Clearance may be

required prior to operation MUP Minor Use Permit required UP Use Permit required

s Permit requirement set by Specific Use Regulations

zc Zoning Clearance required

Use not allowed

LANDUSE (1)

PERMIT REQUIRED BY DISTRICT Specific Use

Regulations

RC I HR RE I RS I RM IRMH I RH IRVH

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Kev to zonIna District Svmbols

RC Rural Conservation

RM

Medium Density Residential
HR Hillside Residential

RMH

Medium-High Density Residential
RE Residential Estate

RH

High Density Residential
RS Single-Family Residential

RVH

Multi-Family Very High Density

Notes:

  1. See Division 08 for land usedefinitions.
  2. See San Ramon Municipal Code Division B2 for wild or exotic animalregulations.

Land Use Type:

Residential

Vehlcle Spaces Required
Live/work units 2 spaces for each unit.

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  1. Accessory Dwelling Units

Where allowed by Division 02 (Allowable and Uses and Zoning Standards), accessory dwelling units shall comply with the requirements of this Section. An accessory dwelling unit in compliance with this Section is an accessory use or an accessory building and shall not be considered to exceed the allowable density for the property upon which it is located. (Government Code 65852.2)

  1. Definitions.
    1. Attached dwelling unit. A dwelling unit that has one or more party walls in common with another dwelling unit.
  1. Detached dwelling unit. A dwelling unit that does not share any walls in common with another dwelling unit.
  1. Accessory dwelling unit. An attached or detached subordinate dwelling unit located on a lot which contains a singlefamily dwelling. An accessory dwelling unit shall include provisions for living, eating, sleeping,cooking and sanitation. An accessory dwelling unit may also include an efficiency unit, as defined in Section 17958.1 of Health and Safety Code or manufactured home, as defined in Section 18007 of the Health and Safety Code. An accessory unit is not considered an accessory building as defined in Division 02 and Division DB (Glossary).

B. Applicability. Accessory dwelling units are permitted in the RC, HR, RE, RS, RM, RMH, and in PD

zones for residential uses on lots with a single-family dwelling.

      1. Design and development Standards
    1. Unit size.
      1. An accessory dwelling unit attached or constructed within an existing dwelling, shall contain at least 150 square feet, but not more than 50 percent of the net floor area of the existing dwelling up to a maximum of 1200 square feet.

      1. A detached accessory dwelling unit shall contain at least 150 square feet and shall not exceed a maximum of 1,200 square feet.

      1. An accessory dwelling unit shall include no more than two bedrooms and two bathrooms.

      1. The existing dwelling may be considered the accessory dwelling unit, and a new dwelling unit built, if all applicable standards and requirements of this Zoning Ordinance are met.

  1. Required setbacks.
    1. In all R zones or a PD zone, an attached accessory dwelling unit or detached twostory accessory dwelling unit must conform to the setbacks generally applicable to residential development in the applicable zone.

No setback shall be required for the conversion of an existing garage and no more than five (5) feet from the side and rear property lines for an accessory dwelling unit constructed above an existing garage (Second Story).

  1. In the RS-6 and RS-7 zones, a detached one-story accessory dwelling unit shall be set back a minimum of twenty (20) feet from the front property line, five (5) feet from the interior side property lines, seven (7) feet from the comer side property line. and seven

(7) feet from the rear property line.

  1. In all other R zones or a PD zone, a detached one-story accessory dwelling unit shall be setback a minimum of twenty (20) feet from the front property line, seven (7) feet from the interior side property lines, seven (7) feet from the corner side property line, and seven

(7) feet from the rear yard property line.

  1. Height. As generally applicable to residential construction in the applicable zone.
  1. Garage Conversions. When a garage, carport, or covered parking structure is demol shed in conjunction with the construction of an accessory dwelling unit, off-street parking spaces shall be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. Replacement parking spaces shall be in addition to any required spaces described in Section 5 below.

  1. Parking. An accessory dwelling unit shall require that one covered or uncovered parking space be provided in addition to the parking required for the primary unit. The additional space may be located within a required setback on a compliant parking surface or as a tandem space on an existing driveway . The use of mechanical lifts for additional parking shall also apply.

Exception: Additional parking shall not be required under any of the following conditions :

    1. The accessory dwelling unit is located within one-half mile of public transit. (For the purpose of this paragraph, public transit means any established bus stop associated with the bus services available for general public, such as but not limited to County Connection.)
    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.
    1. When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.
    1. When there is a car share vehicle located within one block of the accessory dwelling unit. (For the purpose of this paragraph, car share vehicle means a passenger vehicle available at a designated location for general public by reservation and with a fee. such as but not limited to vehicles managed by Zipcar.)

  1. Design.
    1. The exterior design shall be in harmony with the immediate neighborhood. Building form. materials, colors and exterior finishes should reflect and be substantially the same as those of the existing primary dwelling.

    1. Outside access to the accessory unit shall not be in the front of the existing dwelling. Side or rear access shall not be visible from the front or street.

c. Utility connections shall be required based on the service provider’s standards for accessory dwelling units.

Division 04 Standards for Specific Land Uses Effective March 28, 2018 4-43

d. Accessory dwelling units shall be designed to minimize potential privacy issues with the neighboring properties, and additional landscape screening may be required.

  1. Occupancy. The primary dwelling or accessory unit shall be owner occupied. Rental of the primary or accessory dwelling unit shall not be for a term of less than 30 days unless approved for “lodging uses pursuant to the site zoning designation.

  1. Non-conforming units. Where the existing dwelling unit constitutes a legal non-conforming unit, a accessory unit may be constructed only if the non-conformity is not expanded and the accessory unit meets all current applicable zoning standards .

  1. Subdivision. No subdivision or land or air rights shall be allowed of the subject parcel. Accessory units shall not be offered for separate sale from the primary residence but may be rented.

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  1. Service Stations and Car Washes

Where allowed by Division 02 (Allowable Land Uses and Zoning Standards), service stations and car washes shall comply with the requirements of this Section.

  1. Minimum separation. Minimum separation between site boundaries shall be 500 feet, except that one such use may be located at each corner of a street intersection.
  1. Site layout. Conditions of approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.
  1. Planting areas. Perimeter planting areas shall be as required for parking lots by Chapter D-33 (Landscape Design Standards) and Chapter D34 (Parking and Loading), except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.
  1. Storage of materials and equipment. The provisions of Section 04-35 (Outdoor Display, Storage, and Vending) shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station. If display racks are not located

on pumpislands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. The Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.

  1. Hours of Operation. The provisions of Subsection D3-8 H. [Hours of operation] shall apply.
  1. Unattended Service Stations. Operation of an unattended service station shall be prohibited, except for the dispensing of Alternative Fuels (see Vehicle Fueling-Alternative Fuels) as approved by a Land Use Permit. Unattended Service Stations dispensing Alternative Fuels, when specifically approved as part of a and Use Permit, shall consider the following factors/plans:
    • Location on site, site circulation and relationship to adjacent properties and land uses,
    • Hours- Primary facility and accessory fueling,
    • Noise control,
    • Hazardous materials storage and containment,
    • Hazardous Material Business Plan,
    • Security Plan- including daytime and afterhours contacts,
    • Maintenance and Liter Control Plan,
    • Other site specific conditions or programs, as applicable.

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08-2 Definitions of Specialized Terms and Phrases

As used in this Zoning Ordinance,the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A. Definitions, “A.

Abut. Having property lines, street lines, and/or zoning boundaries in common.

Accessory Retail or Services. The limited retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers of, or visitors to the primary use. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes; bank tellers in grocery stores; food marts in gas stations;and barber and beauty shops within residential care facilities.

Access Drive. A private roadway that provides vehicle access from an off-street parking area to a public street.

Accessory Dwelling Unit (ADU). A permanent dwelling that is accessory to a primary dwelling on the same property. An ADU provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and if attached to the primary dwelling, is provided exterior access separate from the primary dwelling. An ADU may also be located on an upper floor above the detached garage of a single-family dwelling.

Accessory Structure. Any residential or non-residential structure that is secondary and incidental to a primary structure on the same parcel. This definition includes, but is not limited to, the following attached or detached accessory structures.

  • arbors
  • balconies (with ground posts}
  • barbeques
  • barns
  • corrals
  • coops
  • decks
  • garages
  • gazebos
  • greenhouses (non-commercial)

An Accessory Structure does not include:

  • accessory dwelling unit (ADU),
  • balconies (without ground posts),
  • attached sunrooms which are enclosed,
  • attached sunrooms integrated with the primary residence (attached rooms enclosed with walls/windows by more than 50 percent),
  • basketball hoops (portable},
  • barbeques (portable),

large water fountains, greater than 6′ high

  • outdoor fireplaces
  • patio covers
  • spas and hot tubs
  • storage sheds
  • studios
  • recreation area, see recreation area definition
  • workshops
  • play equipment (permanent or portable),
  • mechanical equipment (e.g. air conditioning units).
  • recreation area, dual use (e.g. basketball hoop which is “dual use” and permanent, see recreation area definition)
  • home satellite dish and other receiving antennas for earth-based lV and radio
  • broadcasts (see “Telecommunications Facilities”)

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Division 08 Glossary -Effective March 28, 2018 8-4

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CITY OF SAN RAMON

April 18, 2018

California Department of

Housing & Community Development 2020 West EI Camino Ave.

Sacramento, CA 95833

Re: San Ramon ADU Zoning Ordinance Amendment;

To Whom It May Concern:

‘/)/:) 2401 CR.Ow CANYON RoAD

/r, OijC SAN RAMoN, CAurotOOA 94583

0cc . Y IWts Sm.: www.sanramon.ca.gov

4. \;Cl‘- ,,_.

Pursuant to Government Code Section 65852.2, local agencies shall submit to the California Department of Housing & Community Development a copy of the local ordinance pursuant to State law related to Accessory Dwelling Units (ADUs). Enclosed for your records are the applicable portions of the City of San Ramon’s amended Zoning Ordinance documenting the applicable ADU Zoning Ordinance requirements. This Zoning Ordinance Amendment was adopted by the City Council on February 27, 2018, through a public hearing review process, and became effective on March 28, 2018.

If you have any questions, please contact me directly at (925) 973-2568.

S y,

Ry

Associate Planner

Cc: Lauren Barr, Planning Services Manager

Attachment A Ordinance 476 with applicable ADU Zoning Ordinance sections

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CITY CouNm: 973-2530

CITY MAMAGER: 9732530

CmArrORNrr: 973-2549

Cm Cun: 9732539

ADM1N1STRATIVl Sutv1ccs: 9732500

l’uNNINC/CoMMuNITT OCVllorMENT: 9732560

ENGINEERING StRVICEs: 9732670 POLICE SERVICES: 9732700 runuc SERVICES: 973-2800

PARKS &.COMMUNITY SEJMas: 9733200 ECONOMIC OtVELOPMCNT: 973-2554 PERMIT (IN’JtR: 9732574

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