2017/03/09 Planning Commission ResolutionRESOLUTION NO. 2017-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL AMENDMENTS
TO MUNICIPAL CODE TITLE 17, ZONING TO BRING THE ORDINANCE
CONCERNING ACCESSORY DWELLING UNITS INTO COMPLIANCE WITH
STATE LAW
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC2017-0001 proposing to amend the Rohnert Park Municipal Code ("RPMC") by
amending Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, 17.06.030 — Permitted Uses,
17.10.060 — Accessory Structures, 17.16.0404 — Parking Exemptions;
WHEREAS, the proposed amendments are in response to SB 1069 and AB 2299 which
modified Cal. Gov. Code §65852.2;
WHEREAS, the modifications to state law are intended to remove obstacles to the
creation of ADUs by requiring modification to municipal regulations to streamline the permitting
process and reduce the overall cost of ADUs;
WHEREAS, the proposed amendments to Title 1 Zoning will incorporate revisions that
bring the Rohnert Park Municipal Code into compliance with state law concerning Accessory
Dwelling Units;
WHEREAS, the proposed changes to Title 17 Zoning are attached hereto as Exhibit A;
WHEREAS, on February 9, 2017 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, the Planning Commission recommended changes to the proposed
amendments which have been incorporated into Exhibit A.
WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a
public notice was published in the Community Voice for a minimum of 10 days prior to the first
public hearing; and
WHEREAS; the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2017-0001 for the proposed amendments to Title
17 Zoning of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed amendments to Sections 17.07.020 — Footnotes, 17.04.030 — Definitions,
17.06.030 — Permitted Uses, 17.10.060 — Accessory Structures, 17.16.0404 — Parking
Exemptions of the Rohnert Park Municipal Code for the purpose of coming into compliance with
recently amended state law;
Section 1. The above recitations are true and correct.
Section 2. Findings. The Planning Commission hereby makes the following findings
concerning Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, 17.06.030 — Permitted
Uses, 17.10.060 — Accessory Structures, 17.16.0404 — Parking Exemptions of the Municipal
Code:
1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
Criteria Satisfied. The proposed amendments to the Municipal Code 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 Municipal Code 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
Parking limitations will remain on ADUs unless they are conversions of existing
structures or are proximate to transit or car sharing services. This will help to insure
the new investment comes into neighborhoods and reduces the need to build new
housing by better utilizing existing housing stock.
Section 3. Environmental Clearance
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt Findings stated hereinabove and adopt this
amendment to the RPMC to amend Sections 17.07.020 — Footnotes, 17.04.030 — Definitions,
17.06.030 — Permitted Uses, 17.10.060 — Accessory Structures, 17.16.0404 — Parking
Exemptions, in the form provided in Exhibit A.
DULY AND REGULARLY ADOPTED on this 91h day of March 2017 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: NOES: D ABSENT: () ABSTAIN:
ADAMS '/ BLANQUIE `, BORBA `f GIUDICE / HAYDON
Susan darns, Vice -Chairperson, Rohnert Park Planning Commission
Attest:
J
usan A• edo, Recording Secretary
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. REGGI D ACCESSORY Q-cinFniTiei DWELLING UNIT (a.k.a. ADU, in-law, secondary, or granny
units).
1. An second-residential-unitADU shall be allowed with a certificate of zoning compliance on any
residential lot o€-at-least-four4housand-square-fee#--in--siz-e-wliiGh-contains-a--single-family
feeideace and -subject to the following provisions.
2. The following standards shall apply to detached ADUs and additions to primary dwelling units:
The 6econd-un4ADU shall be architecturally compatible with the main unit, and the development
of the second--ADUunit will maintain the appearance of a single-family residence. The seeond
unitADU shall comply with the city's adopted design guidelines for residential development.
There -shalt--not-bemnore--than-one,seeond-unitpeTlegal-parcel
4a.7 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.
The -tots -floor-area-of�-an-ADU-secend-unit-shall-not-be-naore4han-fifty-percent of-the-floor--area-of-the
existin"r-proposed-main-un4i--nor-shall-the-tota"oor-aroma--ef- he-sesond-unitAD"xceed
seven-hundred-squaretwelve hundr-ed-square-#set-( Ng -s4 if3-in--any-event-nor-oantain-rnare than
one -bedroom:
5. The property-owne"ha44naintafa residence in4he-p0R ary-un4-.
64b.=There shall be no subdivision of land separating the units, and neither unit may be sold
independently of the other.
c5. No passageway shall be required in conjunction with the construction of an ADU.
7d6. One additional standard size off-street parking space shall be provided for detached ADUs in
addition to the off-street parking requirements required for a-single-famifythe primary residence
dwelling. Add +tiona!-paf:king--reay-be--required-provided-that-a-finding-is-made-that-the-additional
parkincg--requirements--are-directly-refatedAo4he-use-of4he-second-unii and -are -consistent -with
existing-base-distr-isf-st-andar-d&-or—planned-development standardsapplicabfe_to-enc+sting
dwellings -
a. The Rrequired additional parking spaces may be uncovered and may be provided as tandem
parking on an existing driveway.
b. Parking is allowed in rear and side setback areas. No parking is allowed in front setback
areas.
c. When a garage or covered parking structure is demolished in coniunction 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.
7e. Notwithstanding Paragraph 6 of this section, No additional parking shall be required for an ADU
in any of the following instances
ia. The ADU is located within one-half mile of a bus stop or train station.
bii. The ADU is located within an architecturally and historically significant historic district.
iiia. The ADU is part of the existing primary residence or an existing accessory structure.
d. When on -street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car -share vehicle located within one block of the ADU.
f, The ADU is constructed within an existing structure.
f88. Detached second-ADUsLmits 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 Second --Accessory Dwelling Unit. Second-ADUsunits 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.
q. 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 plass or clerestory
windows where such windows face neighboring properties.
39. No setback shall be required for an existincLgarage 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 aaq rage.
1139: TheAetal-lot-coverage -including the-ADUsecond unit stet -exceed €ifty-percent.
141-22. There shall be adequate water and sewer service available to serve the second--unitADU,
as determined by the city engineer.
51-3. The application for an ADU shall be considered ministerial without discretionary review or a
hearing within 120 days after receiving the application.
1-3-.614. Before obtaining an occupancy permit for an ADU-second residential -mit, the property
owner shall file with the county recorder a declaration of restrictions (i.e., deed restriction)
relative to the second ADUunit stating that:
a. The second-ADUunit shall not be sold separately and shall be maintained in accordance
with the second-unit--requirementsADU reuirerints of the Rohnert--Park- municipal
codeRPMC.
b. The second-ADUunit is restricted to the approved size, unless modified by future city
approvals.
G.The -second-uait-shad-remaiR-affordable-to-lowee ce ear ver-y-law--incoree-#ouseholds-as
defined-by--the-California-gepartment-of Mousing-an+d-GGm4:nunity-Development-
dc. The zoning compliance for the so^'� ADUunit shall be in effect only so long as the
primary unit is occupied by the owner of record as their principal residence. Should the
seseRd-ADUunit no longer be in compliance with this requirement, the seeer4d-ADUun#
shall be altered so as to prevent its use as an ADU -second unit (i.e., removal of cooking
facilities).
ed. The above declarations are binding upon any successor in ownership of the property.
715. Notwithstanding Paragraphs 1 through 6-14 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.
816. Fire sprinklers are only required in ADUs where they would also be required under the RPMC
for the primary or main unit.
91-7. 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.
108. 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 15, 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 15, 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.