Woodside ADU / Granny Flat Ordinance

http://caladu.org/ordinance/woodside-03-28-2017.pdf

ORDINANCE NO. 2017 585

ADOPTlON OF AN ORDINANCE OF THE TOWN OF WOODSIDE TO AMEND CHAPTER 151, :SITE DEVELOPMENT, AND CHAPTER 153, ZONING (ZOAM2017-0001) , RELATED TO ACCESSORY DWELLING UNITS (ADUS) TO BRING THE WOODSIDE MUNICIPAL CODE INTO COMPLIANCE WITH RECENTLY ENACTED STATE LEGISLATION (AB 2299, SB 1069 AND AB 2406), WHICH BECAME .EFFECTIVE JANUARY 1, 2017. THIS LEGISLATION IS DESIGNED TO STREAMLINE THE APPROVAL PROCESS FOR ADU S; REMOVE BARRIERS TO THEIR CONSTRUCTION; AND EXPAND THE CAPACITY OF JUSRISDICTIONS TO PROVIDE MORE AFFORDABLE HOUSING UNITS IN THE STATE OF CALIFORNIA.

IT IS HEREBY ORDAINED by the Town Council .of the Town of Woodside to amend the Woodside Municipal Code as follows:

SECTION ONE: The Town Council finds that the Municipal Code amendment set forth herein is consistent with the General Plan of the T6wn of Woodside and is required for the public convenience and to achieve the health, safety, ·and welfare of the Town of Woodside.

SECTION TWO: Chapter 151, Site Development, and Chapter 153, Zoning, of the Woodside Municipal Code is hereby amended pursuant to Exhibit A.

SECTION FOUR: In the event that any provision of this ordinnce is in conflict with any other ordinnces of the Town of Woodside or the Woodside Municipal Code, the provisions of this ordinance shall prevail.

SECTION FIVE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof· is for any reason held to be. unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part t0ereof. The Town ·Council hereby declares that it would have passed each sectibn, subsection, subdivision, paragraph, sentence, clause, or phrasy thereof irrespective of the· fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clausips or phrases be declared unconstitutional or invalid or ineffective.

SECTION SIX: Pursuant to Section 3 6 9 3 7 of the Government Code of the State of California; the Ordinance shall take effect. and b in full force and effect thirty ( 3 0 ) days after its final passage.

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ORD. 2017-585 03/28/2017

SECTION SEVEN: The Town Clerk shall cause this Ordinance to be published in accordance w th the requirements of Section 36933 of the Government Code of the State of California.

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I, the undersigned, hereby certify that the forego Ordinance is a full, true and correct copy of Ordinance No. 2017-585 of the Town of Woodside entitled as above; that it was introduced on the 14th of March, 2017, and was passed and adopted by the Town Council on the 28th of March, 2017, by the following vote:

AYES, Councilmembers: Mayor rmore

NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:

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§ 151.44 DRIVEWA VS..

EXHIBIT A

All Driveways shall be designed and constructed in accordance with the following:

  1. Number of entrances. All residential lots shall have only one Driveway with only one opening which shall be from only one public or private serving Road. Second Dri veway Exceptions may be granted by the Planning Commission if the following findings can be made:

( I ) The proposed additional ingress and egress point meets Town standards for the line of sight, case of public identification, and any other traffic safety consideration; and

    1. The proposed additional ingress and egress point does not detract from the scenic and mral quality of the Town.
    2. The proposed additional ingress and egress point cannot be accornnmdated off of the primary driveway.
  1. Alignment .

(GQ) Gradients. .

(f)g) Design and construction standards .

§ 153.005 DEFINITIONS

ACCESSORY UVING QUARTERS. A living area that is: (l ) within or attached to a main dwelling or

·.vithin or attached to a detached building or structure, imbordinate to the main dwelling; and (2) designed, built or used fer human habitation. ACCESSORY L! V!NG QUARTERS shall inolude but flot be limited to, a rental unit as defined in this section.

ACCESSORY DWELLING UNIT (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include pennanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An Accessory Dwelling Unit also includes the following:

    • An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
    • A manufactured home, as defined in Section 18007 of the Health and Safety Code.

EXISTING STRUCTURE. “Existing Structure” for the pumoses of defining an allowable space that can be converted to an Accessory Dwelling Unit means within the walls and roofline of any legal structure existing on or after Januaiy l , 2017 that can be made safely habitable under local building codes at the determination of the Building Official, regardless of any noncompliance with zoning standards.

ORD. 2017-585

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§ 153.026 PERMITTED, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS

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

  1. Accessory Dwelling Units Living Q1:1aFters. All of the aaoye lhing a1:1aFters Accessory Dwelling Units, whether internal, attached to, or detached from the main dwelling unit, shall conform to the following requirements:

    1. Requirements applicable to all Accessory dwelling units aeeessofY H,yifi:g qeaFtem:
      1. Building and Fire Sa fety. Conformance with all applicable building, housing, zoning, and site development laws, codes, and regulations shall be required, as applicable to Accessory Dwelling Units. Accessory Dwelling Units shall not be required to provide

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fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire prntection.

  1. Parking and Drivewa y Access. Off-road parking spaces shall be provided in accordance with the requirements of §§ 153.115 through aruJ 153. 1 19, as applicable to Accessory Dwelling Units; and specifically as follows:

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pennitted in setback areas in locations detennined by the Town, or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not foasible based upon specific site or regional topographic or fire and life safety conditions.

u. Parking Waiver. Parking is not required in the following instances:

The Accessory Dwelling Unit is located within one-half mile of public transit, including transit stations and bus stations;

The Accesso1y Dwelling Uni t is located within an architecturally and

historically significant historic district;

The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure;

The Accessory Dwelling Unit is located in an area where parking pennits are required, but are not offered to the occupant of the Accessory Dwelling Unit; or

The Accessory Dwelling Unit is located within one block of a car share vehicle..

!!!:. Re placement Parking: When a garage, carport, or covered parking structure is demolished or converted in con junction with the construction of an Accessory Dwelting Unit, the Town requires that those parking spaces 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, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

  1. Design Review. All plans for Accessory Dwelling Units accessory living quarters shall be subject to review and approval by the Planning Director. In addition, an plans for the new construction or exterior modification of Accessory Dwelling Units accessory living quarters, including rental units, shall also, prior to the issuance of any

permit, be subject to review according to § 153.221. [n considering architectural review, the Planning Director shall be required to find that the Accessory Dwelling Units accessory living quarters are subordinate to the main dwelling, and compatible with the neighboring property and uses in height, bulk, location, appearance, color, 1naterials, and landscaping.

  1. General Accessorv Structure Re gulations and Setback Exce ption. The requirements of § 153.049 related to accessory buildings shall apply. Additionally, development standards contained in this Chapter, including, but not limited to: height, setbacks, floor area, lot coverage, and landscaping shall apply. Refer to Section 153.050.B.5 for reduced setback allowances for garages converted to Accessory Dwelling Units.

  2. Number o( Accessorv Dwellin g Units Allowed. No more than two Accessory Dwelling Units accessory living quarters, including Accessory Dwelling Units accessory living ctaa1iers in barns, are permitted on a parcel. Jo rnore than one accessory living quarters Hsed as a rental 1:1nit shall be pennitted for each parcel. For parcels equal to or greater than 1.0 acre in size, but less than 1..5 acres in size, a maximum of one detached and one attached accessory living quarter dwelling units shall be pennitted. For parcels less than 1.0 acre in size,. no more than one Accessory Dwelling Unit accessory living e:iuarters, whether attached or detached,. shall be pennitted. In the R-1 District, no more than one Accessory Dwelling Unit accessory living quarters is ,,,,,,.,…,,heo‘•Cl,,.J:!JL!!d_-‘::’1′.’.”‘.!:E!’.’

(f) Attached Accessory Dwellin g Units. The floor area of an attached Accessory Dwelling Unit accessory living quarters shall not exceed of the size of the main residence, including the Accessory Dwelling Unit accessory living quarters, or 1,500 square feet, whichever is less.

  1. Detached Accessory Dwelling Units.. The floor area of a detached Accessory

=!.!!! accessory living quarters, including the floor area of any attached garage, shall not exceed 1,500 square feet.

  1. .Basement Accessmy Dwelling Units. Basement area used for an Accessory Dwelling Unit accessory living e:iuartern, or a portion thereof, shall be calculated as floor area pursuant to the provisions of § 153.055. limited to the unit sizes prescribed in § 153.026.8.1.f-g.

  2. No rent shall be paid for any accessory living quarters except as set forth in division (3) applying to rental units.

(i) Rental Accessmy Dwelling Units. Accessmy Dwelling Units which are rented shall not be rented for less than 30 consecutive days.

(j) Processing Requirements:

1. Accessorv Dwellin g Units within an Existin g Structure. An Accessory

Dwelling Unit within an Existing Stmcture (induding the primary structure, attached or detached garage, or other accessmy structure) shall be pennitted ministerially with a Building Permit, and within 120 days of application, in

compliance with other standards within the Chapter, if complying with the following codes and requirements:

Building and safety codes;

Independent exterior access from the existing residence;

Sufficient side· and rear setbacks for fire safety, as set forth in the Building Code: and,

        • A minimum 5’setback for a second-story Accessory Dwelling Unit.

ii. Denial. In order to deny an Accessory Dwelling Unit. the Planning Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

    1. Accessory Dwelling Units within Barns. In addition to the requirements applicable to all Accessory Dwelling Units aeeessory liviag qaarters, any such Accessory Dwelling Units aeeessery lh1iag quarters located within barns shall conform to the following additional requirements:

      1. No more than one Accessory Dwelling Unit aeeessery li’.4ng qaarters within a barn shall be permitted on a parcel with the following exception: up to two Accessory Dwelling Units aeeessery liviag E}t1arters may be permitted within a barn located on a property containing a town-approved eommereial professional stable. Such additional Accessory Dwelling Units aeeessory liyiag q_-aarters shall only be permitted after approval of a conditional use pennit by the Planning Commission, in accordance with applicable conditional use permit procedures.

      2. The floor area of the Accessory Dwelling Unit aeeessery li’liag t):Uarters within a barn shall be no greater than 4-0% 50% of the footprint area of the barn, or -1-,00{I

1.200 square feet, whichever is less. If the feetpriat area ef the barn is less thaa 1,000 square feet, hewwer, the liYiag qaartefS may be t1fJ to 400 sqaare feet in sizi:;e.

      1. The Accessory Dwelling Unit aeeessery liviag qaarters and the barn shall . contain an automatic fire sprinkler system, and the Accessory Dwelling Unit aeeessery li¥iag qaarteFS shall be separated from the other portions of the barn with a one-hour firewall, in accordance with the Iown’s Building Code.
    1. In aclditioa to all other requirements, the feUowiag reqairements apply te enly Festal aaits:

      1. The floor area ef aa a-ttaebed rental t1nit shall aot eKeeed 2§% ef the size of the mffin Fesidenee, iaell:ldiag the Fental l:lnit, a1;1t shall not 8*6eed 1,000 St):Uare feet. The floor area of a cletaehed rental anit, ineladiag the fleer area of aay attaooecl garage, shall eat eKeeed 1,000 StJ:Uare feet.

      2. Per any aeeessmy liviag quarters eeastrneted prieF to Jafttlary 12, 198§, wbere aa ewaer wishes to eew;ert its l:lse to a reatal anit:

  1. The fleer area shall net eKeeee .1,200 sl:lare feet, ex:elading garage faeilities.
  1. Units shall be set baok a minim1:1m distanoe of SO feet from a :ffont property line and ten feet from a side or rear preperty line, eiwept in the R 1 Distriot, where the minim1:1m front setbaek shall be 2G feet.

  2. The California Health and Safety Code and the Uniform Housing Code shall be applied in lieu of the Uniform Building Code i0 eertifying reetal units fer oeeupaney.

(o) For any ttnit eonstrueted after Ja1n1ary 12, 19&5, and t1sed as a reetal 1:1nit, the floor area shall not eKoeed 1,000 sql:lare feet, inel1:1ding 1:he floor area of at1y attaffied garage;-

(d) The minim1:1m floor area for all rental enits shall lie 4 00 Slltiare feet.

. (e) Rent may be eharged for rental t1nits.

thereof.

  1. Oeeapaney eertifioation shall he tel}Hired for all rental enits prior to the reatal
    1. .’\jlplieations for eertifieation shall be aeeompanied by a fee set by resolution by the Couneil.
    2. The aflplieation for oeeapaney eertifieation shall be re'”i<le·Ned and appr011ed by the Plarming Direetor.

§ 153.031 MULTI-FAMILY RESIDENTIAL DEVELOPMENT OVERLAY ZONE

  1. Development standards and requirements.
    1. Notwithstanding any other provisions of this section, all MFRD projects shall be subject to the goals policies, standards and requirements of the General Plan.

    2. For the purposes of this section, the applicant shall designate a “MF.RD lot” or “MFRD lots” as the site(s) of the MFRD. Each “MFRD lot” may be a legal parcel, or it may be a portion of a legal parcel within the defined Canada College campus that will accommodate MFRD. Each “MFRD lot shall not include any other buildings, or uses such as parking or open space that supports other buildings not on the MFRD lot.

    3. The following standards shall be met by any proposed MFRD (see Table A: MFRD Development Standards):

      1. Lot dimensions. Lots accommodating MFRD shall be no less than 75 feet in any dimension.

      2. Lot coverage. No more than 60% of the lot shall be covered by buildings.
      1. Unit density. The minimum unit count on the lot shall be at least one unit per 4,500 square feet of lot area. The maximum unit count on the lot shall be no more than one unit per 2,400 square feet.

    1. Building height. No residential structure shall exceed 35 feet in height, and no accessory structure shall exceed 17 feet in height.

  1. Setback requirements. For the purposes of this section, setbacks shall be measured from 1) the legal parcel boundary, 2) the edge of the “MFRD lot” defined in division (C)(2) of this Section, or 3) the edge of any internal roadway on the Canada College site, whichever is more restrictive. The Planning Director shall determine the location of the front, side, and rear setbacks.

    1. Required front-yard setbacks: Front yards shall have a mm1mum setback of 15 feet, and provide further that no garage or carport space shall have its entrance located within 20 feet of any property or “MFRD lot”.

    2. Required side-yard setbacks:

      1. Side-yard setback: Side yards shall have a minimum setback of six feet, provided that the horizontal distance to the side lot line of any point on any building face shall not be less than one-half its height above the side lot line.

      2. Wherever a main entrance to a building containing three or more units opens into an interior side: yard, the minimum side-yard setback shall be 15 feet to the entrance of that portion of the building.

      3. Exterior side yards. Wherever a side yard is adjacent to a street, such side yard shall have a minimum yard setback of 15 feet.

      4. Multiple-story dwellings and additions: Multiple-story structures shall maintain a minimum side yard of 25% of the lot depth or

35 feet, whichever is less. Remaining portions of a multiple-story structure shall have a minimum setback equal to one half the height measured at the plateline or ridge beam, whichever is highest.

      1. For Accessory Dwelling Units, no setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit. and a setback of no more than five feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage.

    1. Required rear-yard setbacks: Rear yard setbacks shall have a minimum yard setback of 20 feet.

@f) Minimum pervious area and stonnwater requirements. A minimum of 20% of each lot shall be pervious area, to be composed of landscaping, vegetated open space, or natural state.

(Qg) Required pervious area in front yard. A minimum of 60% of the area of the front yard shall be pervious area, primarily comprised of pervious landscaped material. Area devoted to public sidewalks shall not be included in the calculations.