Vacaville ADU / Granny Flat Ordinance

http://caladu.org/ordinance/vacaville-02-09-18.pdf

  • ORDINANCE N0.1921

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE REPEALING CHAPTER 14.09.122 OF THE MUNICIPAL CODE, SECONDARY LIVING UNITS, AND ADOPTING NEW CHAPTER 14.09.122,ACCESSORY DWELLING UNITS, AND AMENDING MUNICIPAL CODE CHAPTERS 14.01.003, 14.02.016, 14.05.044,14.09.072, 14.09.075, AND 14.11.150 TO REPLACE REFERENCES TO SECONDARY LIVING UNITS” WITH REFERENCES TO “ACCESSORY DWELLING UNITS”

WHEREAS, pursuant to Government Code Section 65852.150, the State Legislature found and declared the following:

A Accessory dwelling units are a valuable form of housing in California;

  1. Accessory dwelling units provide housing for family members, students, the elderly, in­ home health care providers, the disabled, and others, at below market prices within existing neighborhoods;
  1. Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security;
  1. Allowing accessory dwelling units in single-family, and in multi-family residential zones that contain single-family dwellings, provide additional rental housing stock in California;

E. California is falling far short of meeting current and future housing demand with serious consequences for the State’s economy, the State’s ability to build green infill consistent with State greenhouse gas reduction goals, and the well-being of California’s citizeris, particularly lower and middle-income earners;

  1. Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character;
  1. Accessory dwelling units are, therefore, an essential.component of California’s housing supply; and ·

WHEREAS, on January 1, 2017, Chapter 14.09. 122, Land Use Permits and Approvals Secondary Living Units, of the City’s Land Use and Development Code was rendered null and. void by Government Code Section 65852.2(a)(4), which states:

In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be nuJJ and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section; and

WHEREAS, on December 13, 2016, the City Council of the City of Vacaville initiated an amendment to Chapter 14.09.122 of the Municipal Code, Land Use Permits and Approvals, Secondary Living Units, to bring it into ·compliance with State law, and to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places; and

WHEREAS, the Planning Commission of the City of Vacaville conducted a public hearing on November 7, 2017, and voted 50-2 to recommend that the City Council repeal Chapter 14.09.122, entitled Land Use Permits and Approvals, Secondary Living Units, in its entirety, and replace it with Chapter 14.09.122, entitled Land use Permits and Approvals, Accessory Dwelling Units, and

WHEREAS, the City Council of the City of Vacaville, conducted a hearing on

December 12, 2017, to consider amending Chapter 14.09.122 of the City of Vacaville Municipal Code by repealing the existing Chapter, entitled Land Use Permits and Approvals, Secondary Living Units, in its entirety and replacing it with a new Chapter 14.09.122 entitled Land use Permits and Approvals, Accessory Dwelling Units, that complies with Government Code Section 65852 .2; and

WHEREAS, the public hearings before the Planning Commission and City Council were duly noticed in accordance with applicable state law and the Vacaville Municipal Code requirements; and

WHEREAS, the City Council received testimony from City staff and interested parties that desired to be heard regarding the proposal; and

WHEREAS, pursuant to Government Code Section 65852.2(h), if adopted by the City Council, Municipal Code Chapter 14.09.122 entitled Land use Permits and Approvals, Accessory Dwelling Units, will be sent to the California Department of Housing and Community Development within sixty (60) days of adoption for its review and comments; and

WHEREAS, the project is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resource Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single-family, or multi-family zone by a city or county to implement provisions of Sections 65852 .1 and 65852.2 of the Government Code relating to “granny” housing or accessory dwelling units are exempt from the requirements of CEQA.

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

SECTION 1. Repeal of Chapter 14. 09.122, Land Use Approvals, Secondary Living Units, of the Vacaville Municipal Code.

Chapter 14.09.122, Land Use Approvals, Secondary Living Units, of the Vacaville Municipal Code is hereby repealed in its entirety.

SECTION 2. Addition of a new Chapter 14.09.122, Land Use Approvals, Accessory Dwelling Units, to the Vacaville Municipal Code.

A new Chapter 14.09.122, Land Use Approvals, Accessory Dwelling Units, is hereby added to the Vacaville Municipal Code as set forth below:

Chapter 14.09.122

Land Use Permits and Approvals, Accessory Dwelling Units

··Sections:

14.09.122.010 14.09.122.020

14.09.122.030 14.09.122.040 14.09.122.050 14.09.122.060

Purpose.

Number and Permitted Location. Process.

Development Standards. Parking Requirements.

Owner Occupancy and Deed Restrictions.

· 14.09.122.010 Purpose.

The California Legislature has declared that accessory dwelling units are a valuable and essential component of California’s housing supply. Accessory dwelling units provide a form of lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting the character of the neighborhoods. The purpose of this chapter is:

  1. To promote and encourage the creation of legal accessory dwelling units in a manner that enhances residential neighborhoods and helps residents meet their housing needs.
  1. To provide the opportunity for the development of small rental housing units designed to meet the special housing needs of families and individuals, including, but not limited to, families and individuals with low and moderate incomes, families and individuals with physical and mental disabilities, young adults, single parents, the elderly, and multi­ generational families.
  1. To establish development requirements for the creation of accessory dwelling units on

.properties within singlefamily and multi-family residential zones and contain an existing or proposed singlefamily dwelling.

  1. To incorporate Section 65852.2 of the California Government Code requirements regarding accessory dwelling units into the Citys regulations and development standards.
  1. Number and Permitted Location.
          1. One accessory dwelling unit is allowed in all residential zoning districts where single­ family dwellings are a permitted use and where there is one existing or proposed singl family dwelling on site, subject to the standards of this .chapter.

·B .0-1′.le accessory dwelling unit is allowedinall residential zoning districts where singl family dwellings are a conditional use and where there is one existing or proposed

single-family dwelling on site, subject to the standards of this chapter and the conditional use permit process and criteria as identified in Chapter 14.09.110 of this code.

  1. An accessory dwelling unit shall not count toward the maximum allowable density for the site upon which the accessory dwelling unit is located.
  1. Accessory dwelling units may be attached to, detached from, or located entirely within the living area of the existing primary single-family dwelling.
  1. Accessory dwelling units shall not be created on any site that contains any resource listed in the California Register of Historic Places or is on any abutting site and would be visible from the historic site, unless the unit is contained within the space of an existing building and makes no exterior changes to the building or any changes to the historic site.
  1. Process.
          1. Ministerial review. A request for an accessory dwelling unit in residential zoning districts where single-family dwellings are a permitted use shall be subject to ministerial review by the Director for compliance with the provisions of this chapter. The Director shall take action within one hundred twenty (120) days of receiving an application. Approval shall be subject to the issuance of a building permit. If the Director determines that the proposed accessory dwelling unit will not comply with the standards set forth in this

code, or the application is incomplete, the Director shall deny the request. An application that is denied for being incomplete may be resubmitted at any time, and is not subject to the time limits in Section 14.09.072.160.A. of this code.

          1. Alternative discretionary review. When a request for an accessory dwelling unit does not comply with the provisions of this chapter, the applicant may elect to use any of the following alternative discretionary review processes:
            1. If a proposed accessory dwelling unit does not meet the architectural development standards identified in this chapter, the applicant may elect to have the application reviewed using the discretionary design review process described in Chapter 14.09.113 of this code. The decision-maker may vary the architectural standards in this chapter provided the design review criteria are met.
            1. If a proposed accessory dwelling unit is on any site that contains any resource listed in the California Register of Historic Places or on any abutting site, the applicant may elect to have the application reviewed using the discretionary historic review process described in Chapter 14.09.105 of this code. The decisionmaker may allow exterior alterations to the building or site provided the applicable historic review criteria are met.
            1. If a proposed accessory dwelling unit does not meet the yard, setback, height or site coverage requirements in this chapter, the applicant may elect to apply for an administrative clearance process using the discretionary process described in Chapter 14.09.118 of this code, or a variance using the discretionary process described in Chapter 14:09:t14 of this code.
            1. Proposed accessory dwelling units in residential zoning districts that conditionally permit singlefamily dwellings shall be subject to a conditional use permit process described in Chapter 14.09.110 of this code.

  1. Development Standards.
          1. Site Coverage.
            1. New Construction and Additions. For any accessory dwelling unit proposed within a new detached structure or an addition to an existing structure that increases the site coverage of the lot, the maximum site coverage for all structures on the site shall be no more than ten percent (10%) above the maximum allowable site coverage of the underlying zoning district, as identified

in Chapter 14.09.074, Residential Districts Development Standards, of this code. For example, if the maximum allowable site coverage for a zoning d·istrict is forty percent (40%), the maximum allowable site coverage may be increased up to

fifty percent (50%) for the purpose of constructing an accessory dweHing unit.

            1. Converted Structures. Conversions of existing legally established structures to accessory dwelling units shall not be subject to nor required to meet site coverage standards. ·
  1. Rear Yard Coverage. The maximum required rear yard coverage may be increased from twenty percent (20%) to no more than thirty-five percent (35%) for the purpose of constructing a new detached accessory dwelling within the required rear yard.
  1. Permitted Size.
    1. Minimum living area. The minimum living area of an accessory dwelling unit shall be one hundred fifty square feet (150 sq. ft.).
    1. Maximum living area for attached units. For accessory dwelling units attached to the primary singlefamily dwelling, the living area of the accessory dwelling unit shall not exceed fifty percent (50%) of the living area of the primary single-family dwelling or eight hundred square feet (800 sq. ft.), whichever is less.
    1. Maximum living area for detached units. For accessory dwelling units detached from the primary single-family dwelling, the living area of the accessory dwelling unit shall not exceed fifty percent (50%) of the living area of the primary single-family dwelling or one thousand two hundred square feet (1,200 sq. ft.), whichever is less .
  1. Yard, Setback, and Height Requirements.
    1. New Detached Accessory Dwelling Units.
      1. New detached accessory dwelling units measuring twelve (12) feet or less in height shall meet the setbacks applicable to accessory structures on that site, as identified in Chapter 14.09.074, Residential Districts Development Standards , of

this code.

      1. New detached accessory dwelling units measuring over twelve (12) feet in height I

shall meet the yard, setback and height standards otherwise applicable to the I primary singlefamily dwelling on that site, as identified in Chapter 14.09.074, I

Residential Districts Development Standards, of this code.

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    1. New Attached or Expanded Accessory Dwelling Units. I
      1. Any new accessory dwelling unit or expansion of an existing accessory dwelling unit constructed above a garage, attached or detached, shall meet the yard, setback and height standards otherwise applicable to an addition to the primary singlefamily dwelling on that site, except that the setbacks from the side and rear lot lines may be as little five (5) feet.
  • b. Building additions to a primary single-family dwelling to accommodate an
    • accessory dwelling unit shall meet the yard, setback and height standards otherwise applicable to a residential addition to the primary singlefamily dwelling in that zoning district, as identified in Chapter 14.09.074, Residential Districts Development Standards, of this code.
  1. A building addition to an existing secondary structure or accessory structure to accommodate an accessory dwelling unit measuring twelve (12) feet or less in height shall meet the yard and setback requirements otherwise applicable to accessory structures on that site, as identified in Chapter 14.09.074, Residential Districts Development Standards, of this code. This standard does not apply to accessory dwelling units constructed above a garage.
  1. A building addition to an existing secondary structure or accessory structure to accommodate an accessory dwelling unit that exceeds twelve (12) feet in height shall meet the yard, setback and height standards otherwise applicable to the primary singlefamily dwelling on that site, as identified in Chapter 14.09.074, Residential Districts Development Standards, of this code. This standard does not apply to accessory dwelling units constructed above a garage.
    1. Conversions of Existing Structures to Accessory Dwelling Units.
      1. Accessory dwellings units that are created within the living area of an existing primary single-family dwelling or within an existing and legally established attached or detached garage are not subject to additional height or setback requirements.
      1. Accessory dwelling units created within the space of a legally established accessory structure (other than a garage), existing secondary structure, or the non-habitable area of an existing primary singlefamily dwelling (such as a porch), shall meet the fire safety setbacks below, and are not subject to additional height or setback requirements :
        1. Fire-Resistant Construction The accessory dwelling unit shall be set. back at least three (3) feet from the rear and side property lines if the building is fire-resistant rated as defined by the Building Code. The eaves shall be located no closer than two (2) feet from the rear and side property lines.

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ii. Not Fire-Resistant Construction The accessory dwelling unit shall be set back at least five (5) feet from the rear and side property lines if the

building is not fire esistant rated as defined by the Building Code. The eaves shall be located no closerthan five (5) feet from the rear and

side properties lines.

      1. Illegally constructed structures may not be converted to an accessory dwelling unit.
      1. Removal of an existing structure and replacement with a new structure housing an accessory dwelling unit is subject to the yard, setback, and height requirements applicable to new detached or attached accessory dwelling units, as applicable, and as described above. Removal of an existing structure includes removal of the walls or roof structure existing as of the effective date of this code.
    1. All detached accessory dwelling units shall be a minimum of eight (8) feet from the primary single-family dwelling.
    1. All accessory dwelling units shall meet building code standards including fire­ resistant construction requirements for structures constructed within five (5) feet of a property line, where allowed.

E. Independent Entrance. All accessory dwelling units shall have exterior access independent from the primary single-family dwelling.

  1. Architectural Requirements. The following architectural requirements apply to new detached accessory dwelling units and new or expanded accessory dwelling units in building additions:
    1. The accessory dwelling shall be constructed with the same roofing and siding materials and colors as the primary single-family dwelling.
    1. The entrance to the accessory dwelling unit shall not be visible from the street.
    2. The roof pitch shall be the same as the roof pitch existing on at least twenty-five percent (25%) of the primary single-family dwelling.
    1. Trim around windows and doors shall be same style as the trim around windows and doors on the primary singlefamily dwelling.
    1. Stairways leading to an accessory dwelling unit shall not be constructed in the required front or side yards for the underlying zoning district as identified in Chapter 14.09.074, Residential Districts Development Standards, of this code.
  1. Manufactured Homes.A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this section,·ncluding the yard, setback, height and architectural requirements. The manufactured home shall be constructed on a permanent foundation. Other types of

portable or temporary housing, such as mobile homes, recreational vehicles, or tents may not be used as accessory dwelling units.

  1. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if J

they are not required for the primary single-family dwelling.

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  1. Landscaping. Accessory dwelling units shall meet the landscaping standards of Section 14.09.074.130.A. of this code.
  1. Parking Requirements.
          1. Each accessory dwelling unit shall provide a minimum of one (1) parking space for

studio and onebedroom units, or two (2) parking spaces for larger units, except in any of the following instances where parking for the accessory dwelling unit may not be required by State law:

            1. The accessory dwelling unit is located within onehalf (%) mile of public transit.
            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 single-family dwelling or an existing accessory structure or secondary structure.
            1. When on-street parking permits are required but not offered to the occupant of the

accessory dwelling unit. I

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            1. When there is a car share vehicle located within one (1) block of the accessory L

dwelling unit.

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          1. Required parking spaces may be provided as tandem parking on an existing driveway. ·.
          2. Parking shall be provided for the primary single-family dwelling in accordance with Section 14.09.128.080 of this code.
  1. Owner Occupancy and Deed Restrictions.
          1. Either the primary single-family dwelling unit or the accessory dwelling unit shall be occupied by owner of the site upon which the accessory dwelling unit is located. In the event ownership is through a trust, partnership (general, limited, limited liability, or limited liability limited), joint venture, company (limited liability or corporation), nonprofit, or

some other form of ownership other than personal individual ownership, the term “owner” shall mean such individual person designated by the trust, partnership, company, or other form of ownership to reside within either the primary singlefamily dwelling unit or the accessory dwelling unit. For purposes of this section, such designated person shall have an equitable interest in the trust, partnership, company, or other form of ownership at all times in order to meet the definition of the term “owner.” The 0wr-ier of the site shall present satisfactory evidence to the Director of the appointment of such designated individual person prior to the occupancy of the primary singlefamily dwelling unit or the accessory dwelling unit.

          1. The accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for periods of less than thirty (30) days.
  1. The accessory dwelling unit shall not be sold independently of the primary single=family dwelling on the site.
  1. The property owner shall record a deed restriction in the official records of Solano County, California which includes substantially the following restriction:

The premises include an accessory dwelling unit. In order to use the accessory dwelling unit as a dwelling, the property owner shall reside in as a principal residence either the primary singlefamily dwelling or the accessory dwelling unit. If neither of primary single­

family dwelling nor the accessory dwelling unit are occupied by the property owner, then the accessory dwelling unit may not be rented, leased, or occupied as a separate dwelling unit. The accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for a period of less than thirty (30) days. The accessory dwelling unit shall not be sold independently of the primary singlefamily dwelling on the premises.

  1. The applicant shall submit proof of deed restriction recordation to the Director prior to receiving final building permit inspection and prior to occupancy.

SECTION 3. Amendme nt of Vacaville Municipal Code Section 14.01. 003.040.A .3., Administrative Autho rity

Section 14.01.003.040.A.3., entitled Administrative Authority, of the Vacaville Municipal Code shall be amended to read in full as follows.

3. Accessory Dwelling Units ;

SECTION 4. Ame ndment to Vacaville Municipal Code Section 14.02.014.020, Terms Definitions

The following definitions in Vacaville Municipal Code Section 14.02.014.020, entitled “Definitions” shall be added or amended to read as follows.

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Accessory Structure means a structure detached from and incidental to the main structure on I the same lot and not designed or used for human habitation, or a structure attached to the main I structure by a breezeway. Accessory structures include, but are not limited to, storage sheds;

gazebos ; garden arbors greater than ten (10) feet in length, or three (3) feet in width, or eight (8) feet in height; detached decks with a floor height greater than eighteen (18) inches above grade; and detached patio covers. Accessory structures do not include accessory dwelling units, carports, garages, patio covers, or decks directly attached to the main structure, and additions attached to the main structure.

Duplex means a multi-family dwelling with two (2) dwelling units on a single site. Does not include a singlefamily dwelling with an attached accessory dwelling unit.

Dwelling,Primary SingleFamily means the singlefamily dwelling on the same site as an accessory dwelling unit.

Efficiency Dwelling Unit means a dwelling unit containing only one (1) habitable room and includes an efficiency unit as defined by California Health and Safety Code Section 17958.1.

Living Area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

Manufactured Home means a structure that was constructed on or after June 15, 1976, is transportable in one (1) or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and

includes the plumbing, heating, air conditioning, and e_lectrical systems contained therein.

Manufactured homes shall not include recreational vehicles such as motor homes, travel

trailers, truck campers, camping trailers, or other similar vehicles, whether with or without motive power.

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Ministerial Review means the review of projects or actions that involve the use of set standards or objetive measurements to evaluate the feasibility of granting an approval. Such

projects do not require discretionary or subjective judgment on the part of the decisionmaker on whether or how a project should be carried out. Ministerial projects are also exempt from California Environmental Quality Act (CEQA) review.

Owner-occupant means an individual person owner, or in the event of ownership through alternative means such person having equitable interest in the ownership of the alternative means that is designated by the alternative means, who has legal residency and who resides in the dwelling at least six (6) months of the year, and whose portion of the dwelling is not occupied when the owner is not present.

Structure,Secondary means a structure other than a main structure or accessory structure. Examples may include a clubhouse building in a multifamily development, a detached game room for a primary singlefamily dwelling, or an accessory dwelling unit.

Tandem Parking means parking where two (2) parking spaces are located end to end such that I_

one (1) of the parking spaces is accessed only through the other parking space. !

SECTION 5. Ame ndment to Vacaville Mun i cipal Code Section 14.02. 016. 020, Uses

Defini tions

The following definitions in Vacaville Municipal Code Section 14.02.016.020, entitled “Definitions” shall be added or amended to read as follows, and the definition of Secondary Living Unit deleted.

Accessory Dwelling Unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It is on the same site as one primary singlefamily dwelling and is limited in size and other standards of this code to be accessory-tothat dwelling. It includes permanent provisions-for-living-;-sleeplng, eating, cooking, and sanitation on the same site as where the primary singlefamily dwelling unit is situated, and meets the standards for accessory dwelling units in this code. It may include an