CITY OF WALNUT CREEK ORDINANCE NO. 2173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK AMENDING TITLE 10 (PLANNING AND ZONING) OF THE MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2
This ordinance amends Chapter 2 (Zoning) of Title 10 (Planning And Zoning) of the Municipal Code to revise existing regulations pertaining to accessory dwelling units.
THE CITY COUNCIL OF THE CITY OF WALNUT CREEK, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
- A severe housing crisis exists in the state with the demand for housing outstripping supply.
- Accessory dwelling units (ADUs) provide housing opportunities in a manner that can be largely compatible with existing neighborhood development.
On September 27, 2016, the Governor of the State of California signed into law a pair of bills which are intended to increase the state’s supply of affordable housing by facilitating the construction of ADUs (California Assembly Bill 2299 and California Senate Bill 1069). The new state law amends California Government Code Section 65852.2 and, among other limitations on local authority, requires cities, counties, and utility districts to further relax their regulation of ADUs by facilitating the conversion of existing buildings into ADUs without regard to setbacks; reducing, and in some cases removing altogether, the parking requirements for ADUs; and generally prohibiting the requirement for a separate utilizy connection for the ADU, or imposing a related connection fee or capacity charge.
On January 1, 2017, amendments to the California Government Code Section 65852.2 became effective.
On March 15, 2017, the Walnut Creek Design Review Commission held a study session to review design standards contained within the proposed Zoning Ordinance amendment. Feedback was provided and the commission recommended that the Planning Commission review the proposed regulations in its entirety.
On May 25, 2017, the Walnut Creek Planning Commission held a study session to consider various policies to be included within the proposed Zoning Ordinance amendment.
On June 10, 2017, a public hearing notice was posted for the proposed zoning ordinance amendment in the Contra Costa Times, a newspaper of general circulation.
On June 22, 2017, Walnut Creek Planning Commission held a public hearing and heard public comment with respect to its consideration of the Zoning Ordinance amendment.
On August 1, 2017, the Walnut Creek City Council held a public hearing and heard public comment with respect to its consideration of the Zoning Ordinance Amendment.
10. The primary purpose of the proposed amendment is to increase the supply of housing units by encouraging construction of accessory dwelling units.
Section 2. CEQA Exemption. I
The City Council finds that the adoption of this proposed Zoning Ordinance Amendment is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Secti0:u. 15282(h) of the CEQA Guidelines (the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.l and
65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code). Section 3. Repealing Urgency Ordinances.
Ordinance Number 2162 and Ordinance Number 2166 are hereby repealed. Section 4. Adding Definitions.
Section 10-2.l.303(A) of the Walnut Creek Municipal Code is hereby amended to add the following definitions. Each of the following definitions shall be added alphabetically to Section 10-2.l .303(A) and the City Clerk is hereby authorized and directed to renumber the entire amended Section sequentially.
Car Share Vehicle Station: A site or a portion of a site used for the purpose of storing motor vehicles, where the motor vehicle is operated as part of a regional fleet by a public agency, or private car sharing company or organization, that provides hourly and daily rental service.
Pass Door: A pedestrian access door. Section 5. Amending Parking Regulations.
Rows A(7) of Table A contained in Section 10-2.3.206 of the Walnut Creek Municipal Code is hereby amended to read as follows:
Article 2. Off-Street Parking and Loading Regulations
|LAND USE CLASSIFICATION||OFF STREET PARKING REQUIREMENTS||NOTES||LOADING|
|(SEE TABLE B)|
7. Accessory Dwelling Unit
One space more than required for Single Family Residential (uncovered). Notwithstanding the foregoing, no additional parking is required in any of the following situations:
I. The Accessory Dwelling Unit is contained entirely within the footprint of an existing building.
2. The Accessory Dwelling Unit is located on a parcel which is within Yi mile from the closest point of the Walnut Creek or Pleasant Hill BART station property; or within Yi mile from a public bus stop served at least six hours each weekday by a route with headways no longer than 20 minutes between arrival times. This distance shall be measured along street frontages using the most reasonably direct, legally permissible path . The determination of which developments meet this requirement shall rest
.., with the City’s Transportation Planning Manager.
.). The Accessory Dwelling Unit is located within one
block of a car share vehicle station.
Section 6. Amending Accessory Dwelling Unit Regulations.
Title 10, Chapter 2, Part 3, Article 5 of the Walnut Creek Municipal Code (Section 10-2.3.501) is hereby amended and restated to read as follows:
Article 5. Accessory Dwelling Units
Sec. 10-2.3.501. Purpose.
Consistent with Title 7, Division 1, Chapter 4 of the California Code of Regulations and section
- of the California Government Code, the purpose of this article is to allow accessory dwelling units on single family properties in all single family residential and multiple family residential zones. The provisions of this article are intended to promote the development of small rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes, and for persons who are elderly or disabled. The requirements of this article are intended to protect the integrity and character of single family neighborhoods by ensuring that accessory dwelling units are architecturally compatible with the principle structure and neighborhood.
Sec. 10-2.3.502. Applicability.
The provisions of this article shall apply to any parcels of land located in the Single Family Residential Districts (R), single family residential areas zoned Planned Development (P-D, SFH-PD I ), Hillside Planned Development Districts (H-P-D), Duplex Residential District (D-3) and Multiple Family Residential Districts (M, PD), in any of the following three situations:
- An accessory dwelling unit is constructed on a parcel with an existing single-family residential dwelling;
- A new single-family residential dwelling is constructed on a parcel with an existing single- · family residential dwelling which conforms to the property development standards contained in Section 10-2.3.503; or
- A new single-family residential dwelling and accessory dwelling unit are constructed at the same time on a vacant parcel.
Sec. I 0-2.3.503. Property Development Standards.
The following property development standards shall apply to all land and structures in the zones which permit accessory dwelling units:
- Zoning Requirements. All yards, building height, distance between buildings, and lot coverage standards of the zone in which the property proposed for conversion is located shall apply, except as otherwise specified in this Article. In P-D and H-P-Dl zones where no standards are specified, and where additional building is allowed, the Planning Manager shall apply development standards based on the district that most closely matches existing development in regards to lot size.
Notwithstanding the foregoing, no yards are required for an existing building when it is converted to an accessory dwelling unit, however the accessory dwelling unit must still comply with all applicable provisions of Title 9 of this Code (Building Regulations).
- Size. The maximum gross floor area for an accessory dwelling unit shall be based on net lot area as follows:
Net Lot Area: Maximum Gross Floor Area: 7,999 or less square feet 700 square feet 8,000 to 9,999 square feet 750 square feet 10,000 to 11,999 square feet 800 square feet 12,000 to 14,999 square feet 850 square feet 15,000 to 19,999 square feet 900 square feet 20,000 square feet or l!l’eater 950 square feet
Furthermore, accessory dwelling units attached to the main building shall not exceed 50 percent of the gross floor area of the main building.
- Design. The accessory dwelling unit shall be designed to be architecturally consistent with the main building, including building form, exterior siding and/or trim, roof form and materials, and window placement/type. Any new entrances to an attached accessory dwelling unit shall be located on the side or in the rear of the building.
- Additional Design Standardsfor Garage Conversions. In cases where an accessory dwelling unit is created through the conversion of an existing private garage, the garage conversion shall be architecturally consistent with the main building through one of the following options:
- The garage door is left operational to provide access to a storage space that is separated from the accessory dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The
installation of new window openings or pass doors not integral to the original design of the garage door is prohibited.
- The garage door is removed entirely and replaced with fenestration elements of the existing dwelling designed to be architecturally consistent with the principle structure, including form, exterior siding and/or trim and window placement/type. A landscaped area shall be installed to provide a minimum of three (3) feet of separation between the driveway and the former garage door. This landscaped area may be reduced to a depth as little as one (1) foot if needed to maintain a minimum driveway length of eighteen (18) feet, as measured from the street line. This option may not be used when the existing driveway is less than nineteen (19) feet in length, as measured from the street line.
- Off-Street Parking. See Part III, Article 2. Offstreet Parking and Loading Regulations.
- Limitations for Alf Accessory Dwelling Units. The following limitations shall apply to both conversion of existing structures and to construction of new structures.
- On any one parcel of land, no more than one accessory dwelling unit shall be allowed.
- Ifthe addition of the accessory dwelling unit requires Design Review pursuant to Section 10-2.3.401 or Section 10-2.4.1203, then the Building Permit shall not be approved unless the accessory dwelling unit is located entirely within the footprint of an existing building.
Additional Limitations for Newly Constructed Accessory Dwelling Units. The following limitations shall apply only to the construction of new structures or the construction of additions to existing structures.
- Height. Accessory dwelling units attached to the main unit or in the same building as the main unit shall comply with the height limit of the main unit. Accessory dwelling units located in a building detached from the main unit shall comply with the following:
Unless located over an accessory structure or detached garage, accessory dwelling units shall be limited to one-story with a maximum height of eighteen feet to the highest part of the structure.
- Accessory dwelling units located in a second story above an accessory structure other than a detached garage shall comply with the height limit of the main unit, providing the second story is setback a minimum of 10 feet from the side property line and complies with the rear yard setback of the zoning district.
Accessory dwelling units located in a second story above a detached garage shall comply with the height limit of the main unit, providing the second story is setback a minimum of 5 feet from the side and rear property line, or that which is required for a single family dwelling, whichever is less.
- Location. Except as otherwise specified in this Article, accessory dwelling units shall comply with the yard and setback standards applicable to the main building.
Section 7. Effective Date.
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective on the 31st day after its adoption.
PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 19th day of September, 2017 by the following called vote:
AYES: Councilmembers: Wilk, Silva, Haskew, Wedel, Mayor Carlston NOES: Councilmembers: None ABSENT: Councilmembers: None
Richard G. Carlston
Mayor of the City of Walnut Creek
I HEREBY CERTIFY the foregoing to be a true and correct copy of Ordinance No. 2173 duly passed and adopted by the City Council of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 19th day of September, 2017.