ordinance no. 624 (basements and attics) may 25, 2011

8/6/2019 Ordinance No. 624 (Basements and Attics) May 25, 2011

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Town of RossProposed Attic and Basement OrdinanceMay 25, 2011

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Proposed

ORDINANCE NO. 624

AN ORDINANCE OF THE TOWN OF ROSS AMENDING TITLE18 ZONING OF THE ROSS M UNICIPAL CODE TO ALLOWCERTAIN FINISHED BASEMENT AND ATTIC AREAS FOR

STORAGE AND LIVING SPACE

WHEREAS , the existing floor area regulations in the Town of Ross have led to many residentrequests for variances to allow the improvement of basement and attic areas and the TownCouncil desires to reassess the current standards; and

WHEREAS , Government Code Section 65850 allows the Town Council to adopt ordinances toregulate the location, height, bulk, number of stories, size and setbacks of buildings andstructures and to establish requirements for off street parking; and

WHEREAS , the Town Council wishes to establish an ordinance to regulate improvement of attic and basement spaces, which do not add to the visible mass of a structure, but provide areasfor clean storage, additional living space, and also residential second units; and

WHEREAS , the Town Council adopted a General Plan 2007-2025 on June 14, 2007 and the Housing Element 2009-2014 on November 4, 2010 and Government Code Section 65860(a)requires zoning ordinances to be consistent with the general plan; and

WHEREAS , this ordinance, which does not change any existing land uses in the Town, willallow improvement of existing structures without materially changing their exterior appearance,furthering Housing Policy 2.0 Maintain and enhance existing housing and Program H2.3Maintenance of Quality Housing and Neighborhoods; and is otherwise consistent with theTown of Ross General Plan and Housing Element ; and

WHEREAS , there may be attics and basements within the Town that were finished withoutappropriate planning and building department approval and the Town Council wishes to establishan amnesty period for the permitting of these spaces in order to provide for their inspection andto determine conformance with applicable codes and safety regulations; and

WHEREAS , allowing property owners to improve existing areas in existing residences allowsthe owners to enjoy existing site development without altering the Towns p hysical appearance.Extending the proposed ordinance to new development could result in new residences that arebuilt with more visible mass and volume that are out of character with surrounding residences;and


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WHEREAS , the Town held 3 public workshops to review the proposed revisions to the Towncode; and

WHEREAS , the Town Council sitting as Planning Commission has reviewed the proposedordinance, held a public hearing on the proposed revisions, and forwarded the proposedlanguage and their recommendations to the Council for consideration and action; and

WHEREAS, the Town Council has reviewed the proposed ordinance and the PlanningCommissions recommendations at a public hearing .

The Town Council of the Town of Ross does ordain as follows:

SECTION 1: Title 18, Chapter 18.12 Definitions , Sections 18.12.045, 18.12.050 and18.12.130 are amended to read as follows (deletions shown by strikethrough, additions shown byunderline):

18.12.045 Attic. Attic means residual, open space between the ceiling of theuppermost story and the roof not suitable for normal occupancy, not partitioned off into rooms,and not used for living area . If the attic is partitioned off into rooms and/or used for liv ingarea, it shall be considered a story.

18.12.050 Basement. Basement means a space partly or wholly underground. Afinished basement is defined as a space used in conjunction with daily household activities. Itincludes recreation rooms, wine cellars, laundry rooms and/or any space which is seven feet sixinches or more in height or has sheet rock or paneled walls. If the finished floor level directly

above a basement is six feet or more above natural grade for more than twenty-five percent of the basement perimeter, such basement shall be considered as a story.

18.12.130 Floor area ratio. Floor area ratio means the floor area of the building or buildings on a lot, divided by the area of that lot. For the purpose of determining the allowablefloor area of a lot, the floor area is the sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces of the exterior walls. Floor area alsoincludes mezzanines, finished basements and attics, garages, carports, porches which arescreened or otherwise enclosed, the entirety of porches which have a depth greater than ten feet,and other detached structures which are accessory to a dwelling. Floor area shall not includefinished space used only for storage with less than five feet of ceiling height and finished attic

space used only for storage that does not meet building code requirements for habitable spaceand is not accessible by permanent stairs.

SECTION 2: Title 18, Chapter 18.4 1, Section 18.41.020 Improvements subject to designreview is amended to add the following subsection:

Design review is not required for an attic or basement improvement permitted under Chapter18.46 unless the project involves exterior work within twenty-five feet of a creek, waterway or


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drainageway, or if the attic or basement project is associated with a larger project that requiresdesign review.

SECTION 3: Title 18 is amended to add the following new Chapter 18.46 to read as follows:

Chapter 18.46

EXCEPTIONS FOR BASEMENTS AND ATTICS

18.46.010 Purpose and intent. The purpose of this chapter is to provide relief from the strictapplication of the development standards specified in this title to allow basement and attic areasto be used as storage or habitable space where the improvement will not be materiallydetrimental to the public welfare or injurious to property or improvements in the neighborhood.

18.46.020 Applicability. The town council may grant an exception to setback, story, lotcoverage, floor area and building height requirements for improvement of an attic or basement inan existing residential structure created prior to the effective date of this chapter in any single-family residence district or special building site district. The town council may grant anexception under this chapter for improvements to a nonconforming structure. Any additionintended to be used as a second unit shall comply with the provisions of Chapter 18.42(Residential Second Units).

18.46.030 Review and approval procedures.

(a) Application. An application for an exception shall be filed with the town planner onforms prescribed by the town planner, along with any plans or additional informationrequired and the fee as established by a resolution of the town council. The applicationshall include, in part, evidence supporting the findings required by this chapter.

(b) Review and Approval Authority. The town council shall review and approve,conditionally approve, or deny an exception application at a public hearing. If staff makes a preliminary determination that the required findings may be made, staff mayplace the application on the town council consent agenda so that the item may beapproved without discussion.

(c) The town shall mail notice of the hearing at least 10 days prior to the hearing to the

property owner and all owners within 300 feet of the property that is the subject of thehearing as shown on the latest equalized assessment roll. In lieu of using the assessmentroll, the Town may use records of the county assessor or tax collector which contain morerecent information than the assessment roll.

(d) Required Findings. The town council may approve or conditionally approve an exceptionapplication if all of the following findings are made:


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(1) That the area to be improved is an existing area created prior to the effective dateof this chapter in an existing residence built prior to the effective date of thischapter. Existing area shall not include basement space with a ceiling height lessthan 5.5 feet.

(2) If the project involves improvement of an attic, that the improvements proposedshall not change the exterior appearance of the structure by adding dormers,raising the roof ridge, addition of windows, or any other exterior modifications.

(3) If the project involves improvement of a basement:a. If the structure is in a Special Flood Hazard Area identified on the town

Flood Insurance Rate Map and/or in an area that is known for flooding,that the finished floor level of the improvements shall be above the baseflood elevation.

b. That modifications proposed to the building exterior do not materiallyincrease the visible mass of the building and that modifications, such asnew windows, are compatible with the design of the existingimprovements and shall not create privacy issues. The Council may limitthe size of light wells to the minimum size necessary to satisfy CaliforniaBuilding Code requirements for light, ventilation and emergency egress.

c. That any modifications to site drainage have been designed by a licensedengineer and shall result in no net increase to the rate or volume of peak runoff from the site compared to pre-project conditions. Any newmechanical pumps or equipment shall not create noise that is audible off site.

(4) The fire chief has confirmed that there is adequate water supply for firefightingpurposes for the site, or that the project includes measures to provide adequatewater supply for firefighting purposes.

(5) The site has adequate parking. For purposes of this section, adequate parking shallmean that the site shall comply with at least the minimum covered and uncoveredparking required for the zoning district. The Town Council may consider the sizeof the residence, number of bedrooms, and the size and use of the proposed atticand/or basement area and may require additional parking up to the following:

Total site floor area(excluding covered parking)

Required off street parking

1,300 square feet to 3,300 square feet 3 spacesOver 3,300 square feet 4 spaces

(6) That the project shall comply with the most recent California Residential Codeadopted by the Town.

(7) Excavation, grading or cutting shall not exceed 50 cubic yards.

(e) Terms and Conditions. Any exception approval may include such terms and conditions asdeemed necessary or appropriate by the town planner and town council to effect thepurposes of this title. The following conditions shall apply to all projects:


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(1) Floor area exempted under this chapter shall not be traded off for non-basementand non-attic floor area.

(2) Project construction shall comply with the most recent Construction MitigationMeasures adopted by the Bay Area Air Quality Management District and gradingactivities shall include Best Management Practices (BMPs) designed to limitpotential erosion.

(3) As provided in Title 15, Section 15.50.060, no building permit shall be issuedwithin nine months of final inspection or expiration of an antecedent buildingpermit.

(f) Any exception request that does not comply with the prescribed limitations set forth inthis chapter shall require a variance, pursuant to Chapter 18.48.

18.46.040 Amnesty Period. Commencing on the effective date of this ordinance, an amnesty

period of two years is established for planning and building permit applications for basementsand attics that were finished without prior town approval. During the amnesty period, planningand building applications for finished attic and basement areas shall not be subject to penaltiesand inspection fees as provided in the Ross Municipal Code and by resolution of the towncouncil for work without permit, but instead shall be subject to only the standard application andpermit fees. The Town Council may limit the number of applications that may be accepted permonth during the amnesty program.

18.46.050 Revocation or modification.

(a) Whenever revocation because of noncompliance with conditions, or modification of a

variance is proposed, notice of public hearing to be held on such revocation or modification shallbe given to the permittee in writing at least ten days prior to the hearing and shall also be givenas provided in Section 18.48.040.

(b) Failure to secure a building permit and/or commence construction shall causevariance approval to expire one year from the date of approval without further notice. The towncouncil may grant an extension of time of up to one year from the expiration date upondetermining that the findings made in the original approval remain valid. An application for anextension of time must be filed with the planning department prior to the original expiration date.A second extension of up to one year may be granted upon submittal of a request prior to theexpiration of the first extension if the council determines that the original findings remain valid.

SECTION 4: CEQA. The Town Council has determined that the ordinance is categoricallyexempt from the requirement for the preparation of environmental documents under theCalifornia Environmental Quality Act (CEQA). The Town Council finds the projectcategorically exempt under the CEQA Guidelines, which include classes of projects that theSecretary for Resources has determined not to have a significant effect on the environment andwhich are, therefore, exempt from the provisions of CEQA. The project is exempt under CEQAGuideline Section 15301, existing facilities ( 14 Cal. Code Regs. 15301 ). The ordinance wouldallow alteration of existing private structures with no expansion of use beyond the existing


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permitted single family zoning use. The ordinance applies only to existing residential structures.The ordinance will permit development within the footprint of existing residential structures andwould maintain the existing residential zoning and land use designations within the Town. Theordinance does not involve any zone changes or changes to existing land use designations thatwould increase population density in the existing single-family neighborhoods. The ordinancewill permit the Town Council, on a case-by-case basis after a public hearing, to permit existingareas to be improved. Any new living space will be created on a developed site where requiredparking and all public services and facilities are available. Each project would be subject todiscretionary review and, where appropriate, the Town Council would require environmentalreview based on the specific site circumstances.

The exemption is also consistent with CEQA Guideline Section 15303, which exempts theconstruction of single-family residences and second units ( 14 Cal. Code Regs. 15303 ). Theimprovement of an existing area in an existing residence would have less environmental impactthan construction of a new residence. The Town Council also considers the project exempt fromreview under the California Environmental Quality Act under the common sense exemption.(14 Cal. Code Regs. 15061(b)(3)) since it can be seen with certainty that there is no possibilitythat the activity in question may have a significant effect on the environment. No exception setforth in Section 15300.2 of the CEQA Guidelines (including but not limited to Subsection (b),which relates to cumulative impacts and Subsection (c) which relates to unusual circumstances)applies to the project ( 14 Cal. Code Regs. 15300.2).

SECTION 5: Severability. The Town Council hereby declares every section, paragraph,sentence, cause and phrase 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, orunconstitutionality shall not affect the validity or constitutionality of the remaining sections,paragraphs, sentences, clauses or phrases.

SECTION 6: Inclusion in the Ross Municipal Code. It is the intention of the Ross TownCouncil that the text in Sections 1, 2 and 3 be made a part of the Ross Municipal Code and thatthe text may be renumbered or relettered and the word "Ordinance" may be changed to"Section", "Chapter", or such other appropriate word or phrase to accomplish this intention.

SECTION 7: This Ordinance shall go into effect on ______________, 2011, and shall bepublished once within fifteen (15) days after its adoption in the Marin Independent Journal, anewspaper of general circulation in the Town of Ross and also posted in three public places in

Town.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Ross Town Councilon the ____ day of ______, 2011, and was adopted at a regular meeting of the Ross TownCouncil on the ____ day of ________, 2011 by the following vote:

AYES:

NOES:


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ABSENT:

ABSTAIN:

__________________________________Christopher Martin, Mayor

ATTEST:

_____________________________Gary Broad, Town Manager

ordinance no. 624 (basements and attics) may 25, 2011

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