Windsor ADU / Granny Flat Ordinance

http://caladu.org/ordinance/windsor-01-10-2018.pdf

ORDINANCE NO. 2017-319

AN ORDINANCE OF THE TOWN OF WINDSOR

AMENDING THE TOWN OF WINDSOR ZONING ORDINANCE TO ADOPT REVISIONS TO THE REQUIREMENTS FOR ACCESSORY DWELLING UNITS AND TO ALLOW AND ESTABLISH REQUIREMENTS FOR JUNIOR ACCESSORY DWELLING UNITS IN ORDER TO IMPLEMENT GOVERNMENT CODE SECTIONS

65852.2 AND 65852.22

WHEREAS, in order to implement AB 2299 and SB 1069, which amended Government Code Section 65852.2 regulating accessory dwelling unit ordinances, and to implement SB 2406, which added Government Code Section 65852.22 to establish requirements for junior accessory dwelling units, the Town of Windsor (“Town”) has undertaken proposed amendments to the Town of Windsor Zoning Ordinance regulations for second or “accessory” dwelling units and junior accessory dwelling units in single-family and multifamily zoning districts; and

WHEREAS, in adopting the amendments to Government Code Section 65852.2, the State legislature found that allowing accessory units in single-family and multi-family residential zones provides additional rental housing stock; California faces a severe housing crisis; the state is falling short of meeting current and future housing demand with serious consequences for the state’s economy, the ability to build green in-fill consistent with state greenhouse gas reduction goals, and the well-being of California citizens, particularly lower and middle-income earners; accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and, therefore, accessory dwellings are an essential component of California’s housing supply; and

WHEREAS, California Government Code Section 65852.2 reduced requirements that local agencies could place on accessory dwelling units in order to remove obstacles to the creation of accessory dwelling units, provide more affordable housing options, streamline the permitting process, and reduce the costs; and

WHEREAS, California Government Code Section 65852.22 created and established requirements for junior accessory dwellings, which provide a new more affordable housing option; and

WHEREAS, the proposed amendments to the Town Zoning Ordinance will bring the Zoning Ordinance into compliance with state law requirements for accessory dwelling units and will allow and establish requirements for junior accessory dwelling units; and

WHEREAS, the Planning Commission held a duly noticed public hearing on September 26, 2017, at which it reviewed proposed amendments for accessory dwelling units and junior accessory dwelling units, considered all public comments and related CEQA exemption, and forwarded a resolution to the Town Council to approve the recommended Zoning Ordinance amendments for accessory dwelling units and junior accessory dwelling units with the following modifications: (1) require an accessory dwelling unit to be rented for terms of 30 days or more and allow the primary dwelling to be rented for terms of less than 30 days; (2) do not require

owner occupancy of an accessory dwelling unit or the primary residence; and (3) allow one accessory dwelling and one junior accessory dwelling unit per parcel; and

WHEREAS, the amendments for accessory dwelling units are exempt from environmental review pursuant to Public Resources Code Section 21080.17 and California Environmental Quality Act (“CEQA”) Guidelines Section 15282(h) which specifically exempt the adoption of an ordinance regarding accessory dwelling units in a single-family or multi-family zoning district to implement Government Code Section 65852.2. The proposed amendments for junior accessory dwelling units are exempt pursuant to CEQA Guidelines Section 1506l(b)(3), the General Rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; and

WHEREAS, the Town Council held a duly noticed public hearing on November 15, 2017, at which it reviewed the proposed Zoning Ordinance amendments for accessory dwelling units and junior accessory dwelling units and considered all public comments and related CEQA exemption.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF WINDSOR DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are hereby declared to be true and correct.

SECTION 2. Findings. The Town Council finds that:

A. A duly noticed public hearing, in accordance with California Government Code Section 65856, regarding the proposed amendments to the Zoning Ordinance was held by the Town Council on November 15, 2017.

  1. The proposed amendments are consistent with the General Plan land use designations and density because Government Code Section 65852.2 finds accessory dwelling units to be a use that is accessory to a single-family residence, exempts accessory dwelling units from density, deems accessory dwelling units consistent with the existing General Plan and zoning for the parcel; and does not allow an accessory dwelling from being considered in the application of a local ordinance, policy, or program to limit residential growth. The proposed amendments are also consistent with and implement Housing Element goal H-1 and policies 1.2, 1.4 and 1.9 which encourage a range of housing types for all economic segments of the community; encourage the development of secondary and smaller units; ensure that housing is provided that meets the needs of the local workforce; and strive to permit and encourage development of second units.
  2. The proposed amendments would not be detrimental to the public interest, health, safety, or convenience, or welfare because accessory dwellings are still required to comply with local building codes and require a building permit, setbacks adequate for fire and life safety are required, the amendments will provide increased housing options that are more affordable, and the amendments include requirements for architectural consistency and pnvacy.
  3. The proposed amendments for accessory dwelling units are internally consistent with other applicable provisions of the Zoning Ordinance because all sections of the Zoning Ordinance that refer to “second dwelling units” have been amended to reference “accessory dwelling units;” the definitions have been amended to include the new definitions included in Government Code Section 65852.2; the various requirements of the Zoning Ordinance that apply to accessory dwelling units have been incorporated into Zoning Ordinance Section 27.34.180; and the Allowed Uses and Permit Requirements Table, General Development Standards Table, and Parking Requirements by Land Use Table have been amended.
  4. The Town Council finds that this Ordinance is exempt from environmental review pursuant to Public Resources Code Section 21080.17 and California Environmental Quality Act (“CEQA”) Guidelines Section 15282(h) which specifically exempt the adoption of an ordinance regarding accessory dwelling units in a single-family or multi­ family zoning district to implement Government Code Section 65852.2 and CEQA Guidelines Section 15061(b)(3), the General Rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

SECTION 3. Article 2 – Section 27.08.030 of the Town of Windsor Zoning Ordinance entitled “Residential District Land Uses and Permit Requirements” is hereby amended as follows:

TABLE 2-2

Allowed Uses and Permit Requirements for Residential Zoning Districts

p Permitted Use (2) (3)

MUP Minor Use Permit Required (3) UP Use Permit Required (3)

Use not allowed

I PERMIT REOUIREMENT BY ZONE I Specific

LAND USE (l) I ER SR j VR j MDR j CR** j HDR I Use .

Re1mlations

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

AGRICULTURE, RESOURCE & OPEN SPACE USES

Animal keeping p P(4) P(4) P(4) P(4) P(4) 27.34.040
Crop production and horticulture p
Roadside stands MUP

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

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES

Parks and Playgrounds p p p p p p
Religious places of worship UP UP UP UP UP UP
Schools -Private, K-12 UP UP UP UP UP UP

RESIDENTIAL USES***

Accessory dwelling units p p p p 27.34.180
Guest house p p MUP MUP MUP MUP 27.34.090
Home occupations p p p p p p 27.34.100
Junior accessory dwelling units p p p p 27.34.185
Kennels, hobby MUP MUP MUP MUP MUP MUP
Mobile home parks UP UP UP UP 27.34.120
Multi-family dwellings UP UP p p p 27.08.060
Organizational houses (convents, fraternities, etc.) UP UP UP UP UP UP
Residential accessory uses and strnctures p p p p p p 27.34.170
Residential care homes 6 or fewer clients p p p p p p
Residential care homes 7 or more clients MUP MUP MUP MUP MUP MUP
Single family dwellings p p p p
Single room occupancy housing (SRO)**** UP UP p p p 27.08.070

Zero lot line projects

SECTION 4. Article 2 – Section 27.08.030 of the Town of Windsor Zoning Ordinance entitled “Residential District General Development Standards” is hereby amended as follows:

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

I Requirement b Zoulng District

ER I SR I VR

Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area 10,000 sq. ft. 6,000 sq. ft. I 5,ooo sq. ft.
Width (1) 80 ft. 60 ft.
Maximum Density (2) 0.2 to 3 dwelling units per acre 3 to 6 dwelling units I 5 to 8 dwelling units

per acre per acre

Setbacks Minimum and maximum setbacks required. See Chapter 27.20 for setback measurement, allowed proiections into setbacks, and exceotions to setbacks.
Front -Minimum, infill development (3)

Front -Minimum, new project (3)

Front -Maximum, new project (3)

Front -Minimum for garage (9)

Sides -Minimum Rear -Minimum Rear -Minimum for attached garage Between structures Accessory Structures Accessory dwellings

The average of the front setbacks of the two nearest buildings on the same block face, or the minimum setback shown below for new development, whichever is less.
20 ft. 15 ft. 13 ft.
30 ft. 25 ft. 20 ft.
35 ft. (4) 25 ft. (4)

18 ft. but not less than 5ft. further from the street than the facade of the residence.

5 ft.; 10 ft. on street side (5) (8)
20 ft.
5 ft.
See Section 27.08.050 (Minimum Distance Between Residential Structures)
See Section 27.34.170 (Residential Accessory Uses and Structures)
See Section 27.34.180 (Accessory Dwelling Units)
Site coverage (6) 35% I 40% I 50%
Height Limit (7) 35 ft. for principal structures 15 ft. for accessory structures

15 ft. for detached accessory dwelling units, except as allowed by Section 27.34.180

Landscaninl! As required by Chapter 27.28 (Landscaping)
Parking As required by Chapter 27.30 (Parking and Loading)

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

Minimum lot size Minimum area and widthfor parcels proposed in new subdivisions.
Area 5,000 SQ. ft. 3,500 sq. ft.
Width (1) 50 ft. 20 ft.
Maximum Density (2) 8 to 12 dwelling units per acre 12 to 16 dwelling units per acre 12 to 24 dwelling units per acre 16 to 32 dwelling units per acre
Setbacks

Front – Minimum, infill development (3)

Front – Minimum, new project (3)

Front -Maximum, new project (3)

Sides – Minimum Rear Minimum

Rear -Minimum for attached or detached garage

Between structures Accessory Structures Accessory dwellings

Minimum and maximum setbacks required. See Chapter 27.20 for setback measurement, allowed projections into setbacks, and excevtions to setbacks.
The average of the front setbacks of the two nearest buildings on the same block face, or the minimum setback shown below for new development, whichever is less.
13 ft. 5 ft.
20 ft. 10 ft.
5 ft.; 10 ft. on street side (5) (8) 5 ft.
15 ft. 10 ft. 5 ft.
5 ft.
See Section 27.08.050 (Minimum Distance Between Residential Structures)
See Section 27.34.170 (Residential Accessory Uses and Structures)
See Section 27.34.180

(Accessory Dwelling Units)

NIA
Site covera2e ( 6) 50% 80% I 100%
Height Limit (7) Primary structures Accessory structures Accessory dwelling unit 35 feet maximum 2 stories minimum

4 stories maximum

15 ft. for accessory structures
15 ft., except as allowed by Section 27.34.180 NIA
Landscaoin2 As required by Chapter 27.28 (Landscaping)
Parkin2 As required by Chapter 27.30 (Parking and Loading)

SECTION 5. Article 3 – Section 27.34.180 of the Town of Windsor Zoning Ordinance entitled “Second Dwelling Units” is hereby amended as follows:

Section 27.34.180 – Accessory Dwelling Units

Accessory dwelling units shall comply with the requirements of this Section, where allowed by Section 27.08.030 -Residential Land Uses and Permit Requirements.

A. Purpose. The provisions of this Section are intended to set standards, in compliance with California Government Code Section 65852.2, for the development of accessory dwelling units in order to increase the supply of smaller and affordable housing while ensuring such

housing remains compatible with the existing neighborhood.

The provisions of this Section are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development.

  1. Applicability. Except as otherwise provided by this Section, accessory dwelling units shall be ministerially pe1mitted only in compliance with the requirements of this Section and all other requirements of the applicable zoning district in the following residential zoning districts: Estate Residential (ER), Surrounding Residential (SR), Village Residential (VR), Medium Density Residential (MDR), and Planned Development (PD) where not prohibited by a Policy Statement or conditions of approval.
  1. General Requirements. An accessory dwelling unit:
    1. May be located on any residentially zoned parcel that allows single-family or multi­ family dwellings and that contains only one single-family detached dwelling;
    2. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams;
    3. Shall not be sold separately from the primary residence; and
    4. Shall not be rented for term of less than 30 days. The single-family residence may be rented for term of less than 30 days.
  1. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary residence located on the parcel.
  1. Permit Requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this Section shall approved ministerially through the building permit process.
  1. Development Standards. A building permit for an accessory dwelling unit shall be issued only if the unit complies with all of the following development standards:
    1. Number of units per lot. One accessory dwelling unit shall be allowed on a parcel in a single-family or multi-family zoning district developed with a primary dwelling. An accessory dwelling shall not be allowed on a parcel developed with two or more dwellings.
    1. Location. An accessory dwelling unit may be located within, attached to, or detached from the existing-primary dwelling. An accessory dwelling unit may also be located above a garage attached to or detached from the primary dwelling.

3. Existing Development. A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the constrnction of the accessory dwelling unit.

  1. Setbacks. Residential District. An accessory dwelling unit shall comply with the following setback requirements:
    1. Attached Unit. An attached accessory dwelling unit shall be subject to the same setback requirements applicable to the primary dwelling as determined by Section

27.08.040 of this Code (Residential District General Development Standards).

    1. Existing Single-Family Dwelling. An accessory dwelling unit that is fully contained within the existing space of a single-family dwelling or accessory structure and has independent exterior access from the existing single-family residence shall provide side and rear setbacks sufficient for fire safety.
    1. Existing Garage. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. A setback of five feet from the side and rear property lines is required for an accessory structure constructed above an existing garage.
    1. Detached Unit. A detached accessory dwelling unit, including a unit located above a detached garage, shall not be located within a required front setback and shall be located a minimum of five feet from the interior side and rear property lines, and ten feet from a street side setback.
    1. Distance between structures. A detached accessory dwelling shall maintain a minimum of six feet of separation between the primary dwelling and other accessory structures on the site or the minimum distance required by the California Building Code, whichever is greater. An attached or detached accessory dwelling shall be no closer than ten feet to a primary dwelling on an adjacent parcel.

f. Planned Development (PD) District. Within a PD District without specified setbacks for accessory structures in a Policy Statement or Development Plan, an attached or detached accessory dwelling unit, not consisting of a garage conversion and not contained within the existing space of a single-family dwelling or accessory structure, shall maintain the setbacks required in subsections a – e above. Within a PD District with specified setbacks in a Policy Statement or Development Plan, the setbacks shall be as required by the applicable Policy Statement or Development Plan.

  1. Maximum floor area. Accessory dwelling units shall not exceed 840 square feet. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. All floor area within the building envelope shall be identified and square footage for each area provided. For the purposes

of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than 7′ in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage. The increased square

footage of an attached accessory dwelling unit shall not exceed fifty-percent of the existing living area, with a maximum increase of 840 square feet. Living area means the interior habitable area of the dwelling, including basements and attics, but does not

include a garage or any accessory structure.

  1. Height limit. A detached accessory dwelling is limited to a maximum height of fifteen feet. An accessory dwelling located above a detached garage is limited to a maximum height of twenty-five feet. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.
  1. Site coverage. An accessory dwelling unit shall comply with the site coverage requirements of the applicable zoning district.
  1. Architectural compatibility. The design of a detached accessory dwelling unit shall demonstrate an architectural relationship to the primary residence on the site. The architectural relationship may be demonstrated through the use of the same roof pitch, architectural style, colors, materials, window and door fenestration, or similar methods. An accessory dwelling unit that is attached to the primary residence and visible from the public right-of-way shall be architecturally compatible with the primary residence, including but not limited to, the architectural design, materials, colors, roof materials and pitch, and windows and doors.
  1. Privacy. An accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include use of obscured glazing, window placement above eye level, screening treatments, or orienting balconies, windows and doors away from residences on adjacent parcels.
  1. Parking. One off-street, all-weather parking space is required for an accessory dwelling unit in addition to that required for the main dwelling, except as set forth below. The required off-street parking space may be covered or uncovered and shall be permitted in tandem and in setback areas, unless the review authority determines that such parking is not feasible due to specific site topographical or fire and life safety conditions. Ifthe review authority determines that onsite parking is not feasible, on-street parking may be approved by the review authority. No off-street parking shall be required if any of the following circumstances exist:
  • The accessory dwelling is located within one-half mile of public transit.
  • The accessory dwelling unit is located on a property with a Historic Overlay zoning designation.
  • The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
  • When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
  • Where there is a car share vehicle located within one block of the accessory dwelling unit.

To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to public transit or car share vehicle or on a lot with an Historic Overlay zoning designation, or proof of local parking permit requirements.

If a garage, carport or covered parking is demolished in conjunction with the construction of an accessory dwelling unit, replacement spaces may be provided in any configuration on the lot, including as tandem parking or within setbacks.

  1. Access. A passageway that provides access to the unit from a street is not required.
  1. Fire sprinklers. Fire sprinklers shall be required if required for the primary residence.
  1. Connection Fees.
    1. Except as provided in subsection (2), a separate utility connection payment of a connection or capacity charge pursuant to State law and Town fee schedule will be required for any new accessory dwelling unit.
    1. No new or separate utility connection will be required for accessory dwelling units that are internal conversions of existing space within a single-family residence or a residential accessory structure.

  1. Accessory dwelling unit and junior accessory dwelling unit. One accessory dwelling unit and one junior accessory dwelling unit are permitted per parcel, when in compliance with the requirements of this Code.
  1. Illegal accessory dwelling units. This Section shall not validate any existing illegal accessory dwelling unit. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.

SECTION 6. Article 3 – Section of the Town of Windsor Zoning Ordinance entitled “Site Planning and General Development Standards” is hereby amended as follows:

Section 27.34.185 – Junior Accessory Dwelling Units

Junior accessory dwelling units shall comply with the requirements of this Section, where allowed by Section 27.08.030 -Residential Land Uses and Permit Requirements.

    1. Purpose. The provisions of this Section are intended to set standards, in compliance with Government Code Section 65852.22, for the development of junior accessory dwelling units in order to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in Conditions, Covenants, and Restrictions.

The provisions of this Section also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development.

B. Applicability. Except as otherwise provided by this Section, junior accessory dwelling units shall be ministerially permitted only in compliance with the requirements of this Section and all other requirements of the applicable zoning district in the following residential zoning districts: Estate Residential (ER), Surrounding Residential (SR), Village Residential (VR), Medium Density Residential (MDR), and Planned Development (PD), where not prohibited by a Policy Statement or condition of approval.

  1. Definition. For the purpose of this Section, a “Junior Accessory Dwelling Unit” means a dwelling unit not exceeding 500 square feet in size and contained entirely within an existing legally established single-family structure. A junior accessory dwelling unit shall include an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
  1. Density. As provided by Government Code Section 65852.22 (d) and (e), junior

accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan.

  1. Timing. A junior accessory dwelling unit allowed by this Section must be installed after construction of the single-family dwelling.
  1. General Requirements. A junior accessory dwelling unit:
    1. May be located on any residentially zoned lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwelling.
  1. Is limited to one per parcel.
  2. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.
  3. Requires property owner occupancy of the junior accessory dwelling unit or the remaining portion of the single-family residence.
  1. Permit Requirements. An application for a junior accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially. A building permit shall be required for a junior accessory dwelling unit. A junior accessory dwelling unit shall not be considered a separate or new dwelling for the purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that otherwise may be associated with the provision of those services.
  1. Development Standards. A permit for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards:
    1. Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area.