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HomeMy WebLinkAboutOrd 1939ORDINANCE NO. 1939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE, THE ZONING ORDINANCE, CHAPTERS 25.08, 25.26, 25.50, 25.59, 25.60, AND 25.70 TO UPDATE EXISTING SECONDARY DWELLING UNIT REGULATIONS TO BE CONSISTENT WITH RECENTLY ADOPTED AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTION 65852 RELATED TO ACCESSORY DWELLING UNITS The City Council of the City of Burlingame ordains as follows: Division 1. WHEREAS, on September 27, 2016 Governor Jerry Brown signed AB 2299 and SB 1069 into law. This legislation amends Government Code Section 65852.2, the regulations for accessory dwelling units (ADUs, currently referred to as "Secondary Dwelling Units" in the Burlingame Municipal Code). The amendments are intended to streamline housing production in the face of the State's ongoing housing crisis by making it easier for property owners to construct an accessory dwelling unit associated with a single family dwelling. Under the legislation such units are now to be referred to as "Accessory Dwelling Units"; and WHEREAS, the revisions to State Law became effective on January 1, 2017. Local jurisdictions are required to comply with the new requirements, which supersede local ordinances. In addition, jurisdictions are required to provide a copy of the Accessory Dwelling Unit ordinance to the State Department of Housing and Community Development (HCD) within 60 -days of adoption, and; WHEREAS, at its regular meeting of December 12, 2016, the Burlingame Planning Commission reviewed proposed amendments to the Burlingame Zoning Regulations to bring them into conformance with Government Code Section 65852.2 and recommended that the City Council adopt the changes as proposed. WHEREAS, at its regular meeting of January 17, 2017 the Burlingame City Council conducted a duly noticed public hearing, and following conclusion of the hearing, introduced an ordinance revising the Burlingame Zoning Regulations to bring them into conformance with Government Code Section 65852.2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. Burlingame Municipal Code Title 25 - Zoning is hereby amended as follows: ORDINANCE NO. 1939 Chapter 25.59 Secondary Dwelling Units is replaced in total with the following text: Chapter 25.59 ACCESSORY DWELLING UNITS 25.59.010 Purpose. The purpose of this chapter is to regulate both existing and new accessory dwelling units in residential zoning districts and on residential property consistent with state law (California Government Code Sections 65852.1 through 65852.2). This chapter is intended to implement the Housing Element of the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished by increasing the number of units available within existing neighborhoods while maintaining the primarily single-family residential character of the area, and establishing standards for the development and occupancy of accessory units to ensure that they are compatible with neighboring uses and structures, adequately equipped with public utility services, safe for human occupancy, and do not create unreasonable traffic and safety impacts. An accessory residential unit which conforms to the requirements of this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. 25.59.020 Accessory dwelling unit permit procedure. (a) Applications for such an accessory dwelling unit permit shall be in writing and filed with the Community Development Director on a form approved by the Community Development Director. (b) As established by council resolution, a fee will be charged for an application for an accessory dwelling unit permit under this chapter. (c) Within 120 days of receipt of a complete application, the Community Development Director shall ministerially process for approval any application for an accessory dwelling unit permit pursuant to this chapter. Upon finding that the performance standards set forth in Section 25.59.060 are met the proposal shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. All accessory units are categorically exempt from CEQA pursuant to Sections15301 and 15303 of the CEQA guidelines. If the application does not meet all of the requirements of this chapter, the Community Development Director shall deny the application. 2 ORDINANCE NO. 1939 (d) Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, or for improvements to bring an existing accessory dwelling unit into compliance with the accessory dwelling unit permit requirements, an agreement of restriction shall be filed with the county recorder. The agreement of restriction shall state the following: (1) The accessory dwelling unit shall not be sold separately from any part of the property on which it is located; (2) The accessory dwelling unit is restricted to the standards specified in Burlingame Municipal Code Chapter 25.59; (3) Either the primary single-family dwelling or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization; and (4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. 25.59.030 Appeal. The applicant that requested the accessory dwelling unit permit may appeal the community development director's denial of the request. The appeal shall be submitted to the community development director in writing within ten (10) days after the date of the community development director's decision. The appeal shall be heard by the planning commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 25.16. 25.59.040 Revocation of accessory dwelling unit permit. (a) Grounds. An accessory dwelling unit permit granted pursuant to this chapter may be revoked on any one or more of the following grounds: (1) The performance standards outlined in Sections 25.59.060 and 25.59.070 are not being met; or (2) No owner of the subject property resides on the property; or 3 ORDINANCE NO. 1939 (3) The accessory dwelling unit is no longer used for residential purposes; or (4) The parking required by Section 25.59.060 is no longer provided; or (5) The primary single-family dwelling on the site is purposely demolished; or (b) Notice. Written notice to revoke an accessory dwelling unit permit shall be served on the property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and shall state: (1) The reasons for the proposed revocation; (2) That the proposed action will be taken by the director of community development unless a hearing before the planning commission is requested within fifteen (15) days after the date of said notice. If no response is received, the director of community development shall forthwith revoke the accessory dwelling unit permit as set forth in said notice. (c) Hearing. If a hearing is requested, at least ten (10) days' notice thereof shall be given to the requested party. At any such hearing the property owner shall call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the planning commission shall determine whether or not the permit shall be revoked. Such determination may be appealed to the city council in the same manner as for appeals taken on applications for the granting of conditional use permits or variances. 25.59.050 Variances prohibited. No variance under Chapter 25.54 shall be granted from any requirement of this chapter. 25.59.060 Performance standards for accessory dwelling units. General Provisions. This section allows an accessory dwelling unit, either attached to the main dwelling or detached in a separate structure to be created on lots which now contain one single-family dwelling and meet the following criteria, upon approval of an administrative accessory dwelling unit permit. (a) Minimum Lot Size. The minimum lot size to accommodate an accessory dwelling unit shall be no less than six thousand (6,000) square feet; except for accessory dwelling units constructed prior to January 1, 1954; 111 ORDINANCE NO. 1939 (b) There shall be no more than one accessory dwelling unit permitted on a lot which contains no more than one primary single-family dwelling. (c) Occupancy Restrictions. Either the primary single-family dwelling or the accessory dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the case of ownership by a corporation, partnership, trust or association, either the primary single-family dwelling or the accessory dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an employee of any such organization. (d) Unit Size. The floor area of the accessory dwelling unit shall not exceed six hundred forty (640) square feet. (e) Floor Area Ratio. The accessory dwelling unit shall fall within the total floor area ratio and lot coverage allowed by the underlying zoning district. (f) Other Measurable Standards. (1) For attached units, the accessory dwelling unit shall comply with the setback, height and declining height envelope regulations which apply to the main dwelling unit. (2) For detached units, the accessory dwelling unit shall comply with the setback, height and window placement criteria for accessory structures contained in Chapter 25.60, and shall meet the setback requirements, including exceptions for accessory structures, contained in Sections 25.28.072 and 25.28.073. Detached units shall be limited to one story in height. (g) Parking. On-site parking spaces based on the number of bedrooms in the primary dwelling as required by Chapter 25.70 and parking requirements for an accessory dwelling unit shall be as follows: (1) Unless otherwise provided in this section, a minimum of one off-street uncovered parking space shall be provided for the accessory dwelling unit in addition to the off-street covered and uncovered parking spaces required for the main dwelling. (i) Parking for the accessory dwelling unit may be in tandem with a required parking space for the primary dwelling, meaning one car located directly behind another car; and (ii) No required parking may be provided in the front setback or yard, except in the driveway; and ORDINANCE NO. 1939 (iii) All parking shall be provided on a hard, all-weather surface and properly drained to the public street. (2) No parking space shall be required for an accessory dwelling unit in any of the following instances: (i) No on-site parking for the second unit shall be required if the accessory dwelling unit is only used for "affordable housing" as defined in Chapter 25.63. As a condition of approval under this subsection, the owner of the property will be required to enter into and record an agreement generally in conformance with Section 25.63.040 to ensure continued affordability of the accessory dwelling unit. A draft agreement shall be required at the time of application submittal. (ii) The accessory dwelling unit is located within one-half mile of a major transit stop, as defined in California Public Resources Code § 21064.3 or included in the regional transportation plan; (iii) The accessory dwelling unit is located within a designated historic district; (iv) The accessory dwelling unit is part of the existing main residence or an existing, authorized and finalized residential accessory structure intended for human habitation as having existed three years prior to application; (v) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; (vi) When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; (h) Construction of the accessory dwelling unit shall comply with the all applicable provisions of this title and all applicable building, health and fire codes; except for accessory dwelling units constructed prior to January 1, 1954; (i) The accessory dwelling unit shall incorporate the same or similar architectural features, building materials and colors as the primary dwelling located on the property. Compatibility with the primary structure includes coordination of colors, materials, roofing and other architectural features, and landscaping designed so that the appearance of the site remains that of a single-family residence. ORDINANCE NO. 1939 Q) Upon approval of an accessory dwelling unit there shall be an application submitted for a new, separate address from the Public Works, Engineering Division. Address numbers shall be placed on all new and existing buildings with accessory dwelling units, in accordance with the street identification standards provided in Title 17, Chapter 17.04, and shall be placed in such a position as to be plainly visible and legible from the street to provide clear identification of the unit for emergency responders. (k) A restrictive covenant which mandates owner occupancy of at least one of the units shall be recorded to establish the existing accessory dwelling unit. The restrictive covenant shall be binding upon any successor in ownership of the property and lack of compliance shall void the approval of the unit and may result in legal action against the property owner. The restrictive covenant shall be subject to approval by the city attorney as to its form and content. (1) If the accessory dwelling unit is demolished, the accessory dwelling unit permit shall lapse and be of no further force and effect, and all on-site parking requirements of Chapter 25.70 shall be met for the primary dwelling on the site. (m) For existing accessory dwelling units constructed prior to January 1, 1954 the following additional criteria shall be met, in addition to subsections a -j above: (1) The accessory dwelling unit shall conform to the requirements of the California Health and Safety Code Section 17920.3, and the Uniform Housing Code as adopted by Section 17922. (2) An applicant for an accessory dwelling unit permit pursuant to this section that has been granted on conditions that it conform to the requirements of this chapter may perform work to bring the accessory dwelling unit into conformance, such as reducing the size of the living unit, improving or constructing parking, and correcting violation of Health and Safety Code Section 17920.3 and the Uniform Housing Code. (3) Any remodeling affecting the exterior of the accessory dwelling unit shall be matched to generally conform to the exterior treatment of the primary dwelling unit on the parcel. (4) If the accessory dwelling unit is destroyed or damaged by a natural catastrophe, the accessory dwelling unit may be reconstructed in exactly the same envelope and floor area as it existed immediately before the catastrophe or in conformance with the standards for new accessory dwelling units contained in Section 25.59.060. ORDINANCE NO. 1939 Chapter 25.08 Definitions, Section 25.08.573 is replaced in total with the following text: 25.08.573 Accessory dwelling unit. "Accessory dwelling unit" means either a detached or an attached additional residential dwelling unit on a single-family residential lot or parcel that provides complete independent living facilities. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation purposes on the same parcel as the primary single-family dwelling is situated. Chapter 25.50 Nonconforming Uses and Structures, Section 15.50.025 Expansion of nonconforming uses — R-1 zone is replaced in total with the following text: 25.50.025 Expansion of nonconforming uses - R-1 zone. (a) This section shall only be applicable to R-1 zoned parcels which contain two (2) detached nonconforming residential units. Only the primary residence, as determined by the director of community development, may be increased in footprint or in any exterior dimension if the accessory detached unit is to be retained as a residential unit. A conditional use permit pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only maintenance and repairs as defined by the Uniform Building Code may be made to any accessory dwelling unit. The floor area or footprint of such an accessory unit shall not be expanded. (b) Factors for determining the primary residence shall include, but not be limited to, relative age, size and conformity with zoning requirements of the two (2) residences. The property owner may request that the planning commission review any such determination by the director of community development. Chapter 25.60 Accessory Structures in R-1 and R-2 Districts is replaced in total with the following text: CHAPTER 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS 25.60.010 Conditional use permit requirements. Accessory structures in the R-1 or R-2 Districts shall be a conditional use requiring a conditional use permit if any of the following will exist: (a) Two (2) or more accessory structures, each having over one hundred (100) square feet gross floor area, will exist on a single lot, except that there may be two (2) H ORDINANCE NO. 1939 accessory structures if one is an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (b) Any single accessory structure will exceed six hundred (600) square feet of gross floor area; except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit may be up to six hundred forty (640) square feet; (c) All accessory structures on a single lot will exceed a total of eight hundred (800) square feet gross floor area; (d) An accessory structure will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any portion of the front setback; (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot; (f) Accessory structures will cover more than fifty (50) percent of the rear thirty (30) percent of a lot; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one foot for each foot of separation from an adjacent property line, up to a maximum height of fourteen (14) feet, provided: (1) Where the lot slopes more than ten (10) percent at the location of the accessory structure, the maximum height shall be four (4) feet above the plate line; (2) The portion of the structure at the rear property line may have a maximum height of fourteen (14) feet if the structure has a pitched roof on both sides and the rear plate line does not exceed nine (9) feet above the natural grade; (3) The roof height of an accessory structure may have a maximum height of fifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; and ORDINANCE NO. 1939 (4) No portion of the space within any accessory structure between the top of plate and the lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height. (i) Glazed openings of the accessory structure will be within ten (10) feet of the property line or any portion of a glazed opening will be higher than ten (10) feet above grade; 0) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (k) The accessory structure will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty (20) feet from any structure for habitation, or less than ten (10) feet from any property line; provided such shall be allowed without a special permit if the building official approves the structure as adequately sound insulated; (1) Storage of household goods, tools or equipment in the accessory structure will exceed ten (10) percent of the gross floor area of the main dwelling structure; (m) Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation; except for an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit does not require a conditional use permit; (n) The accessory structure will be a greenhouse, lathhouse, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. Chapter 25.26 R-1 District Regulations, Section 25.26.035 is replaced in total with the following text: 25.26.035 Uses allowed with a special permit. The following are uses allowed in the district with a special permit: (a) Attached garages for single-family dwelling units; (b) Reduction in the number of parking spaces existing on site; 10 ORDINANCE NO. 1939 (c) Construction exceeding the limits of the declining height envelope, (d) A detached garage exempt from setback restrictions located within the rear forty (40) percent of the lot; (e) An accessory structure that is in the rear of the lot and that is more than twenty- eight (28) feet in width or depth, except that an accessory structure containing an accessory dwelling unit which complies with the provisions of Chapter 25.59 and obtains an accessory dwelling unit permit; (f) A basement with any interior ceiling height of six and one-half (6 1/2) feet or greater; (g) A direct exit from a basement to the exterior of the structure that is anything other than a light or window well; (h) A bathroom (toilet and sink) exceeding twenty-five (25) square feet located in a basement. Chapter 25.70 Off -Street Parking, Section 25.70.010 is replaced in total with the following text: 25.70.010 Vehicle parking spaces to be provided. (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off- street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. 11 ORDINANCE NO. 1939 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. (a) Parking Space Requirements. Each single-family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single-family dwellings: (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to current code dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places; (4) For additions to existing single-family dwellings, an existing garage with an eighteen (18) foot depth interior dimension shall be considered to meet the dimensional requirements for a parking space. (5) Bedrooms that are within accessory dwelling units shall not be counted toward the overall number of bedrooms for the primary single family dwelling on the lot on which it is located; parking for accessory dwelling units shall comply with Section 25.59.060(8). (b) Parking Aisles and Driveways. Covered parking spaces shall have a twenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; 12 ORDINANCE NO. 1939 (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; (4) For an addition to an existing single-family dwelling, required uncovered spaces may be provided in tandem configuration and may extend: (A) In areas with sidewalks, to the inner edge of the sidewalk, (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30 -days thereafter. I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 17th day of January, 2017, and adopted thereafter at a regular meeting of the City Council held on the 6th day of February, 2017, by the following vote: AYES: COUNCILMEMBERS: BEACH, COLSON, KEIGHRAN, ORTIZ,BRuLCnQiyc9 NOES: COUNCILMEMBERS: NVIUASSM ABSENT: COUNCILMEMBERS: NONE 41 M agha asset -Shearer, City Cler 13