2018/02/27 City Council Ordinance 918ORDINANCE NO. 918
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE TO REQUIRE OWNER
OCCUPANCY FOR INTERNAL ACCESSORY DWELLING UNIT CONVERSIONS
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC18-0001 proposing to amend the Rohnert Park Municipal Code ("RPMC") by amending
Sections 17.07.020 — Footnotes;
WHEREAS, the proposed amendments are in response to Assembly Bill No. 494 and
Senate Bill No. 229 which modified Cal. Gov. Code §65852;
WHEREAS, the modifications to state law now allow jurisdictions to require owner
occupancy for properties with internal ADU conversions;
WHEREAS, the proposed amendments to Title 17 Zoning will incorporate revisions that
bring the RPMC into compliance with state law concerning ADUs;
WHEREAS, the proposed changes to Title 17 Zoning are attached hereto as Exhibit A;
WHEREAS, the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2018-0001 for the proposed amendments to Title
17 Zoning of the Municipal Code;
WHEREAS, on January 25, 2018 the Planning Commission held a public hearing at
which time interested persons had an opportunity testify either in support of or opposition to the
proposal;
WHEREAS, on January 25, 2018 the Planning Commission recommended the proposed
changes to the City Council by Resolution No. 2018-09;
WHEREAS, pursuant to California State Law and the RPMC, a public notice was
published in the Community Voice for a minimum of 10 days prior to the first public hearing;
W1II:RE kS. 011 1^elIrLUWY 13, 2018. 111e City COUncil held ti lnildIc hearing at wliicl7 bine
interested persons had an opportunity to testify either in support or opposition to the proposal;
and
WHEREAS, the City Council has reviewed and considered the information contained in
the Zoning Ordinance amendment application for the proposal.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
Section 1. Recitals and Evidence. The above recitations are true and correct. In
making its findings, the City Council relied upon and hereby incorporates by reference all staff
reports, presentations, and other documentation presented to the Council in the meeting.
Ord. 918
Section 2. Environmental Review. No CEQA analysis is required for this project
pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section
15282(h), "the adoption of an ordinance regarding second units in a single-family or multifamily
zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the
Government Code" relating to "granny" housing and "second unit ordinances" are exempt from
the requirements of CEQA.
Section 3. Findings for l-nactnient of Amendments to Zoiungl'�!lap and Zortiilg
t )r(l i uance. The City Council hereby makes the following findings concerning amendments to
Sections 17.07.020.X — Footnotes of the Zoning Ordinance:
1. Thal the proposed amendments to the Zoning Map and Zoning Ordinance are
consistent with the General Plan 2020.
Criteria Satisfied. The proposed amendments to the RPMC are consistent with the
General Plan 2020 Goals of maintaining a compact urban form, and providing a range
of housing types and prices. Specifically, Goal LU -A (compact urban form) is
promoted by a more efficient utilization of land, housing stock, and infrastructure.
Goal CD -H (variety of housing types and sizes) is promoted by allowing smaller units
in well-established neighborhoods. Goal HO -2 (diversity of housing types) is
promoted by the allowance for smaller residences. Goal HO -3 (affordable housing) is
encouraged by allowing smaller accessory units and the incentive for affordable
housing.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the RPMC will provide for the
health, safety and welfare of individuals living in Rohnert Park by providing
increased housing options, while also expanding affordable housing opportunities.
This will help to insure that new investment comes into neighborhoods and reduces
the need to build new housing by better utilizing existing housing stock, while
maintaining existing neighborhood character.
Section 4. Amendment of Section 17.07.020.X. The City Council hereby deletes and
replaces Subsection X of section 17.07.020, Footnotes, of the Rohnert Park Municipal Code,
with the following:
"X. ACCESSORY DWELLING UNIT (a.k.a. ADU, in-law, secondary, or granny units).
1. An ADU shall be allowed with a certificate of zoning compliance on any residential lot
subject to the following provisions.
2. The following standards shall apply to detached ADUs and additions to primary dwelling
units:
Ord. 918
The ADU shall be architecturally compatible with the main unit, and the development of
the ADU will maintain the appearance of a single-family residence. The ADU shall
comply with the city's adopted design guidelines for residential development.
a. The increased floor area of an attached ADU shall not exceed 50 percent of the
existing living area, with a maximum increase in floor area of 1,200 square feet.
The total area of floor -space for a detached ADU shall not exceed 1,200 square
feet.
b. There shall be no subdivision of land separating the units, and neither unit may be
sold independently of the other.
c. No passageway shall be required in conjunction with the construction of an ADU.
d. One additional standard size off-street parking space shall be provided for detached
ADUs in addition to the off-street parking requirements required for the primary
residence.
i. The required additional parking space may be uncovered and may be provided as
tandem parking on an existing driveway.
ii. Parking is allowed in rear and side setback areas. No parking is allowed in front
setback areas.
iii. When a garage or covered parking structure is demolished in conjunction with
the construction of an ADU, the replacement parking spaces may be located in any
configuration on the same lot as the ADU, including but not limited to covered
spaces, uncovered spaces, or tandem spaces.
Notwithstanding Paragraph 6 of this section, No additional parking shall be required
for an ADU in any of the following instances:
i. The ADU is located within one-half mile of a bus stop or train station.
ii. The ADU is located within an architecturally and historically significant historic
district.
iii. The ADU is part of the existing primary residence or an existing accessory
structure.
iv. When on -street parking permits are required but not offered to the occupant of
the ADU.
v. When there is a car -share vehicle located within one block of the ADU.
vi. The ADU is constructed within an existing structure.
f. Detached ADUs shall meet the height and setback requirements for accessory
structures as stipulated in the applicable zoning district. See Section 17.10.060.C,
Accessory Building as an Accessory Dwelling Unit. ADUs that are part of the main
dwelling structure shall meet the height and setback requirements for main
dwellings. See Section 17.10.020, Development Standards Table, for development
standards relating to main dwellings.
g. The total lot coverage, including the ADU, shall not exceed fifty percent.
Ord. 918
h. Either the ADU or the main unit shall be permitted to face the rear of the other
structure, and the ADU shall be permitted closer than ten feet but no less than five
feet from the main building where it can be shown that the site design will be
improved. An ADU located above the first floor of an accessory structure (e.g.,
above a garage) shall be designed so as to minimize privacy impacts on neighboring
properties, through the use of opaque glass or clerestory windows where such
windows face neighboring properties.
3. No setback shall be required for an existing garage that is converted to an ADU, and a
setback of no more than five feet from the side and rear lot lines shall be required for an
ADU that is constructed above a garage.
4. There shall be adequate water and sewer service available to serve the ADU, as
determined by the city engineer.
5. The application for an ADU shall be considered ministerial without discretionary review
or a hearing within 120 days after receiving the application.
6. Before obtaining an occupancy permit for an ADU, the property owner shall file with the
county recorder a declaration of restrictions (i.e., deed restriction) relative to the ADU
stating that:
a. The ADU shall not be sold separately and shall be maintained in accordance with the
ADU requirements of the RPMC.
b. The ADU is restricted to the approved size, unless modified by future city approvals.
c. The zoning compliance for the ADU shall be in effect only so long as the accessory
or primary unit is occupied by the owner of record as their principal residence.
Should the ADU no longer be in compliance with this requirement, the ADU shall
be altered so as to prevent its use as an ADU (i.e., removal of cooking facilities).
d. The above declarations are binding upon any successor in ownership of the property.
7. Notwithstanding Paragraphs 1 through 5 of this section, the application for an ADU
that is contained within the existing space of a single-family residence or existing
accessory structure, has independent exterior access from the existing residence, and
the side and rear setbacks are sufficient for fire safety, the city shall ministerially
approve a building permit to create one ADU per single-family lot.
8. Fire sprinklers are only required in ADUs where they would also be required under the
RPMC for the primary or main unit.
9. An ADU shall be deemed to be an accessory use or an accessory building and 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 that is consistent with the existing general plan
and zoning designations for that lot. The ADU shall not be considered in the application
of any local ordinance, policy, or program to limit residential growth.
4
Ord. 918
10. ADUs shall not be considered new residential uses for the purpose of calculating
connection fees or capacity charges for utilities, including water and sewer service.
a. For an ADU described in Paragraph 7, the applicant shall not be required to install
a new or separate utility connection directly between the ADU and the utility or
impose a related connection fee or capacity charge.
b. For an ADU that is not described in Paragraph 7, a new or separate utility
connection directly between the ADU and the utility may be required. The
connection may be subject to a connection or fee or capacity charge proportionate
to the burden of the proposed ADU, and shall not exceed the reasonable cost of
providing this service."
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
5
Ord. 918
This ordinance was introduced on February 13, 2018 and is scheduled for adoption by the
Council of the City of Rohnert Park on February 27, 2018 by the following roll call vote:
AYES: Five (5) Councilmembers Ahanotu, Belforte, Mackenzie, Callinan and
Mayor Stafford
NOES: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
ATTEST:
cuv"'�ot�"
Caitlin Saldanha, Deputy City Clerk
APPROVED,, AS TO FORM:
Mi
le Kenyon, City Attorney
CITY OF ROHNERT PARK:
Pam Stafford, Mayor
6
Ord. 918
Exhibit A
17.07.020 - Footnotes.
The following standards apply to the land use indicated by corresponding number in the zoning district
use charts:
X. ACCESSORY DWELLING UNIT (a.k.a. ADU, in-law, secondary, or granny units).
An ADU shall be allowed with a certificate of zoning compliance on any residential lot subject to
the following provisions.
The following standards shall apply to detached ADUs and additions to primary dwelling units:
The ADU shall be architecturally compatible with the main unit, and the development of the ADU
will maintain the appearance of a single-family residence. The ADU shall comply with the city's
adopted design guidelines for residential development.
a. The increased floor area of an attached ADU shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet. The total area of
floor -space for a detached ADU shall not exceed 1,200 square feet.
b. There shall be no subdivision of land separating the units, and neither unit may be sold
independently of the other.
C. No passageway shall be required in conjunction with the construction of an ADU.
d One additional standard size off-street parking space shall be provided for detached ADUs
in addition to the off-street parking requirements required for the primary residence.
i. The required additional parking space may be uncovered and may be provided as tandem
parking on an existing driveway.
ii. Parking is allowed in rear and side setback areas. No parking is allowed in front setback
areas.
iii. When a garage or covered parking structure is demolished in conjunction with the
construction of an ADU, the replacement parking spaces may be located in any
configuration on the same lot as the ADU, including but not limited to covered spaces,
uncovered spaces, or tandem spaces.
e. Notwithstanding Paragraph 6 of this section, No additional parking shall be required for an
ADU in any of the following instances:
--i, The ADU-is-located-within one -half -mile -of -a -bus -stop -or --train station
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the existing primary residence or an existing accessory structure.
iv. When on -street parking permits are required but not offered to the occupant of the ADU.
v. When there is a car -share vehicle located within one block of the ADU.
vi. The ADU is constructed within an existing structure.
f. Detached ADUs shall meet the height and setback requirements for accessory structures
as stipulated in the applicable zoning district. See Section 17.10.060.C, Accessory Building
as an Accessory Dwelling Unit. ADUs that are part of the main dwelling structure shall meet
the height and setback requirements for main dwellings. See Section 17.10.020,
Development Standards Table, for development standards relating to main dwellings.
g. The total lot coverage, including the ADU, shall not exceed fifty percent.
h. Either the ADU or the main unit shall be permitted to face the rear of the other structure,
and the ADU shall be permitted closer than ten feet but no less than five feet from the main
building where it can be shown that the site design will be improved. An ADU located above
the first floor of an accessory structure (e.g., above a garage) shall be designed so as to
minimize privacy impacts on neighboring properties, through the use of opaque glass or
clerestory windows where such windows face neighboring properties.
3. No setback shall be required for an existing garage that is converted to an ADU, and a setback
of no more than five feet from the side and rear lot lines shall be required for an ADU that is
constructed above a garage.
4. There shall be adequate water and sewer service available to serve the ADU, as determined by
the city engineer.
5. The application for an ADU shall be considered ministerial without discretionary review or a
hearing within 120 days after receiving the application.
6. Before obtaining an occupancy permit for an ADU, the property owner shall file with the county
recorder a declaration of restrictions (i.e., deed restriction) relative to the ADU stating that:
a. The ADU shall not be sold separately and shall be maintained in accordance with the ADU
requirements of the RPMC.
b. The ADU is restricted to the approved size, unless modified by future city approvals.
c. The zoning compliance for the ADU shall be in effect only so long as the accessory or primary
unit is occupied by the owner of record as their principal residence. Should the ADU no
longer be in compliance with this requirement, the ADU shall be altered so as to prevent its
use as an ADU (i.e., removal of cooking facilities).
d. The above declarations are binding upon any successor in ownership of the property.
Notwithstanding Paragraphs 1 through 5 of this section, the application for an ADU that is
contained within the existing space of a single-family residence or existing accessory structure,
has independent exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety, the city shall ministerially approve a building permit to create one
ADU per single-family lot.
8. Fire sprinklers are only required in ADUs where they would also be required under the RPMC
for the primary or main unit.
9 An ADU shall be deemed to be an accessory use or an accessory building and 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 that is consistent with the existing general plan and zoning
dasignatlons-for that lot.- The ADU-shall-not-be-considered-in the -application -of any local --
ordinance, policy, or program to limit residential growth.
10 ADUs shall not be considered new residential uses for the purpose of calculating connection
fees or capacity charges for utilities, including water and sewer service.
For an ADU described in Paragraph 7, the applicant shall not be required to install a new
or separate utility connection directly between the ADU and the utility or impose a related
connection fee or capacity charge.
For an ADU that is not described in Paragraph 7, a new or separate utility connection
directly between the ADU and the utility may be required. The connection may be subject
to a connection or fee or capacity charge proportionate to the burden of the proposed
ADU, and shall not exceed the reasonable cost of providing this service.
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma )
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 918.
SUMMARY OF ORDINANCE NO. 918 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING TITLE
17 OF THE ROHNERT PARK MUNICIPAL CODE TO BRING IN TO CONFORMANCE WITH STATE LAW
REGARDING ACCESSORY DWELLING UNITS
was published on February 16, 2018 and March 2, 2018, as required by law, and posted
in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on February 14, 2018 and February 28, 2018.
141(n--------, al` C
Si.V-d
�nd
Subscribed and swor to bef re me this day of M�
nae -
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance 918
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said county
and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general circulation,
published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and was at all times
herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;its status as such
newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the State of California,in
and for the County of Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is published for the dissemination of
local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not
devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or
denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all
said times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular intervals
for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type not smaller than
non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and expressing in general terms,
the purport and character of the notice intended to be given;that the" City of Rohnert Park,Summary of Ordinance 918"of which the
annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),commencing on the 2 day of March,2018
and ending on the 2 day of March,2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 2 day of March,2018 at Rohnert Park,California.
Signed
SUMMARY OF ORDINAN" NO.918 OF THE CITY OF ROHNERT PARK,
CALIFORNIA,AMENDING TITLE 17 OF THE ROHNERT PARK MUNICIPAL
CODE TO BRING INTO CONFORMANCE WITH STATE LAW
/ REGARDING ACCESSORY DWELLING UNITS
demo, Pursuant to Government Code Section 36933(c),the following constitutes
a summary of Ordinance No.918 introduced by the Rohnert Park City Council
Claudia Smith Chief Clerk on February 13,2018,and adopted on February 27,2018,at its meeting held
in the City Council Chambers,130 Avram Avenue,Rohnert Park,California.
The purpose of Ordinance No.918 is to update the Rohnert Park Municipal
Code to extend owner occupancy requirements associated with accessory
dwelling unit approvals to internal conversions in accordance with newly en-
acted state law.
The City Council has determined that the following zoning text amend-
ments to the Rohnert Park Municipal Code are necessary and appropriate:
•Amendments to Chapter 17.07.020(Footnotes)changing language to re-
quire owner occupancy for all properties where an accessory dwelling unit is
approved including internal conversions,as now allowed by state law.
A certified copy of the full text of Ordinance is posted and available for re-
view in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.
This ordinance shall be in full force and effective thirty(30)days after its adop-
tion,and shall be publish and posted as required by law.This ordinance was
introduced by the Council of the City of Rohnert Park on February 13,2018
and adopted on February 27,2018 by the following roll call vote:
AYES: Five (5) Councilmembers Ahanotu,Belforte,Mackenzie,
Callinan and Mayor Stafford
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
Caitlin Saldanha
Deputy City Clerk
Dated:February 28 2018
Published: March 2,2018
The Community Voice
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.918
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general
circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and
was at all times herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the
State of California,in and for the County of Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is published for
the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying
subscribers,and is not devoted to the interest,or published for the entertainment or instruction of a particular class,profession,trade,
calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or
denominations;that at all said times said newspaper has been established and published in the said City of Rohnert Park,in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing
and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Ordinance No.918"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive
time(s),commencing on the 16 day of February,2018 and ending on the l6 day of February,2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 16 day of February,2018 at Rohnert Park,California.
Signed
SUMMARY OF ORDINANCE NO.918 0111111/1315'OF ROHNERT PARK, 1
CALIFORNIA,AMENDING TITLE 17 OF THE ROHNERT PARK
MUNICIPAL CODE TO BRING IN TO CONFORMANCE WITH
'"r �)..__ STATE LAW REGARDING ACCESSORY DWELLING UNITS
`�l - ��_v� Pursuant to Government Code Section 36933(c),the following constitutes
a summary of Ordinance No.918 introduced by the Rohnert Park City Council
Claudia Smith Chief Clerk on February 13,2018,and scheduled for consideration of adoption on Febru-
ary 27,2018,at its meeting to be held in the City Council Chambers,130 Avram
Avenue,Rohnert Park,California.
The purpose of Ordinance No.918 is to update the Rohnert Park Municipal
Code to extend owner occupancy requirements associated with accessory
dwelling unit approvals to internal conversions in accordance with newly en-
acted state law.
The City Council has determined that the following zoning text amendments
to the Rohnert Park Municipal Code are necessary and appropriate:
• Amendments to Chapter 17.07.020(Footnotes)changing language to
require owner occupancy for all properties where an accessory
dwelling unit is approved including internal conversions,as now
allowed by state law.
A certified copy of the full text of Ordinance is posted and available for re-
view in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.
This ordinance shall be in full force and effective thirty(30)days after its adop-
tion,and shall be publish and posted as required by law.This ordinance was
introduced by the Council of the City of Rohnert Park on February 13,2018
and is scheduled for consideration of adoption on February 27,2018.
Dated:bliFe: uaryFeb 1ua, 16, Caitlin City a
Published: February 16,2018 "� } Deputy City Clerk
The Community Voice