Loading...
HomeMy WebLinkAbout11. Adopt Ord-Amending Muni Code re-Accessory Dwelling UnitsI LVI I I 114U. APPROVED BY TO: MAYOR ASHTON AND MEMBERS OF CITY COUNCIL CITY MANAGE NA'3E FROM: OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOP ENT DATE: MAY 22, 2017 SUBJECT: AMENDMENT TO THE MUNICIPAL CODE TO REGULATE ACCESSORY DWELLING UNITS qi 11,7 LF IT/A 411M, W I W i F-I'Llf" ***41 Wa 911IM4 0 At its May 8, 2018 meeting, the City Council held a duly noticed Public Hearing, and after fully considering all oral and written testimony, facts and opinions offered introduced the attached Ordinance. Adoption of this Ordinance will not impact the City's General Fund. Attachment: "A" - Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS WHEREAS, effective January 1, 2017, Assembly Bill 2299 ("AB 2299"), Assembly Bill 2406 ("AB 2406")and Senate Bill 1069 ("SB 1069") amended Government Code Section 65852.2 to further limit the standards cities may imposeonnew ADUs and require city ordinances to incorporate State -mandated standards for certain types of ADUs. As amended, Government Code Section 65852.2 allows the City to designate areas where new Accessory Dwelling Units (ADUs) may be permitted and to establish objective standards related to parking, height, setback, lot coverage, landscaping, and architectural review, which must be applied ministerially unless a property owner is seeking an exception to the adopted standards; and, WHEREAS, the City currently regulates "Second Unit Developments," which overlap with the term "ADU" as defined under State law; and, WHEREAS, the City desires to update its established procedure authorizing the Director of Community Development or their designee to consider accessory dwelling units ministerially, subject to established standards and criteria, in compliance with the standards in Government Code Section 65852.2; and, WHEREAS, on April 18, 2018, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony, and facts and opinions offered at the aforesaid public hearing, adopted Planning Commission Resolution No. 18-3050 recommending approval of the proposed Zone Text Amendment to the City Council by a 3-0 vote; and, WHEREAS, on April 26, 2018, notice of the pending public hearing was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and, WHEREAS, on May 8, 2017, the City Council held a duly noticed public hearing to fully consider all oral and written testimony and facts and opinions regarding the amendment to the Municipal Code; and, WHEREAS, having considered all of the oral and written evidence presented to it at said public hearing, the City Council of the City of Downey finds, determines and declares that the requested Zone Text Amendment is not subject to CEQA, pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), because this is an ordinance regarding ADUs to implement the provisions of Government Code Section 65852.2; and, WHEREAS, having further considered all of the oral and written evidence presented to it at said public hearing, the City Council of the City of Downey further finds, determines and declares that: 1. The adoption and implementation of the proposed Zone Text Amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. In enacting Senate Bill 1069 (Chapter 720, Statutes of 2016) and Assembly Bill 2299 (Chapter 735, Attachment "A" ORDINANCE NO. 18 PAGE 2 Statutes of 2016), the State Legislature identified Accessory Dwelling Units (ADU) has an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. The proposed amendments will bring the City's code into compliance with these aforementioned statutes. New ADUs will continue to be permitted within the City's Accessory Dwelling Unit areas (formerly known as Second Unit Development) areas. Conversion of existing structures into ADUs is permitted in all existing structures in the R-1 (Single -Family Residential) zones. Separate and distinctive parking isnot being required for the ADU, regardless of location. Notwithstanding this, it is a government's role to protect the health, safety, and welfare of its citizens and those who work and visit the community. Accordingly, these amendments have provisions to protect the development of the community. This includes limiting the size of the ADU, ensuring that new built ADU's comply with the development standards set forth in the Zoning Ordinance, requiring that one of the units is owner -occupied, and providing the ADU is ancillary to the existing single- family residence on the site. The City of Downey faces a unique local constraint that the proposed amendments will address. Many of the existing streets in the R-1 zone are narrow and parking impacted; failure to provide sufficient parking for new development will exacerbate this problem and diminish the City's ability to provide emergency services in a timely manner, as Police and Fire vehicles will find it more difficult navigating and accessing neighborhoods. The proposed amendments will protect the public health, safety, and welfare by ensuring there is sufficient parking for all enclosed square footage on the property. Based on these facts, the City Council finds that the proposed amendments are necessary and desirable for the development of the community and they are in the interest or furtherance of the public health, safety, and general welfare. 2 The adoption and implementation of the proposed Zone Text Amendment is in general conformance with the General Plan. The proposed amendments will allow for the development of Accessory Dwelling Units within the R-1 _zone in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at -large. This is consistent with the following goals, policies, and objectives of the City's General Plan (Vision 2025): Policy 1.1.2: Provide an appropriate amount of land area to absorb the city's future population growth and Program 1.1.2.2: Designate parts of the City as second unit development areas to absorb the need for additional housing. The proposed amendments are consistent with this General Plan Policy and Program since it will maintain the existing Accessory Dwelling Unit (formerly known as Second Unit Development) areas. Policy 2.5.1: Provide for adequate parking supply to meet parking demands, Program 2.5.1.3: Balance the need for parking with not creating other secondary negative impacts, and Program 2.5.1.2: Update standards for residential housing units to provide additional parking spaces and driveway areas that may also be used for parking of vehicles. The proposed amendments balances the need for parking, thereby reducing impacts to the narrow, parking impacted streets within the City. This is achieved by calculating parking based on square footage, regardless of the use (ADUs do not require separate and distinctive parking). ORDINANCE NO. 18 - PAGE 3 Policy 8.1.1: Promote architectural design of the highest quality and Program 8.1.1.6: Encourage developments to be "internally compatible" in architectural design. Locating newly built ADUs to the rear of the main building and ensuring they comply with all development standards ensures the will reduce impacts to the streetscape and be "internally compatible" with the existing single-family residence. Housing Element Policy 2.3: Facilitate and encourage the development of affordable housing for seniors, large families, and other identified special housing needs. The use of ADUs is an important housing option for renters and homeowners, given the under -supply of housing that exists in the State. Construction of an ADU as an ancillary use to a single-family home will provide homeowners the ability to provide affordable housing to seniors and low income residents. Housing Element Policy 4.2` Provide for streamlined, timely, and coordinated processing of residential projects to minimize holding costs and encourage housing production. The proposed amendment removes all constraints in providing ADUs, including eliminating the need for a land use entitlement. Instead, ADUs that comply with the code will be permitted to submit directly to Building and Safety for plan check, much like any other addition to a single-family residence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. The following definition is hereby added to Section 9122 of Article IX of the Downey Municipal Code, and shall read as follow: Accessory Dwelling Unit or "ADU": An attached or a detached residential` dwelling unit, which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling unit it is accessory to, and is located on fixed or permanent foundation. The term "ADU" captures and supersedes the terms "Second Unit Developments" under the Municipal Code and any adopted Development Code of a Specific Plan or Community Plan. SECTION 2. The following definition is hereby deleted from Section 9122 of Article 1X of the Downey Municipal Code and shall read as follows: SECTION 3, The following definition is hereby added to Section 9124 of Article IX of the Downey Municipal Code and shall read as follow: Building, Main: The principal structure on the property and the building in which is considered a principal use of the lot upon which it is situated. Every dwelling (except an ADU or guesthouse) in a residential zone is a main building. ORDINANCE NO. 18 - PAGE 4 SECTION 4, The following definition is hereby amended in Section 9146 of Article IX of the Downey Municipal Code and shall read as follow: Dwelling, Duplex: A building designed exclusively for occupancy by two (2) families living independently of each other and containing two (2) attached dwelling units, excludes Accessory Dwelling Units. SECTION 5. The following definition is hereby deleted from Section 9128 of Article IX of the Downey Municipal Code and shall read as follows: SECTION 6. The following definition is hereby added to Section 9134 of Article IX of the Downey Municipal Code and shall read as follow: Guesthouse: Living quarters, or other habitable space, without any kitchen facilities within a detached accessory building or attached to the main building, located on the same lot as the main building, for use by temporary guests or for the use of domestics employed on the premises by the occupants of the lot. A guesthouse shall be ancillary to the main dwelling unit, be less than seven hundred (700) square feet in size, and shall not contain more than one room plus a bathroom. SECTION 7.: The following definition is hereby added to Section 9138 of Article IX of the Downey Municipal Code and shall read as follow: Independent Exterior Access: A door that provides independent access to an ADU and is located on the exterior fagade of the ADU. Independent Exterior Access must comply with the minimum requirements of the Building Code. SECTl4lV 8: The following definition is hereby added to Section 9140 of Article IX of the Downey Municipal Code and shall read as follow: Junior Accessory Dwelling Unit:A unit that is no more than 500 square feet `in`size and contained entirely within an existing single-family structure, with an entrance into the unit from the main home, and shares kitchen and sanitation facilities with the main home. SECTION 9. The following definition is hereby added to Section 9142 of Article IX of the Downey Municipal Code and shall read as follow: Kitchen: A room or space used, or intended, or designed to be used for the cooking or preparation of food. SECTION 10. The following definition is hereby added to Section 9158 of Article IX of the Downey Municipal Code and shall read as follow: Short Term Rental The rental or lease of a dwelling unit for a period of 30 days or less. SECTION 11. The following definition is hereby deleted from Section 9158 of Article 1X of the Downey Municipal Code and shall read as follows: ORDINANCE NO. 18 - PAGE 5 SECTION 12. The following is hereby deleted from Section 9312, Table 9.3.2 Residential Use Regulations, of Article IX of the Downey Municipal Codeandshall read as follows: SECTION 13.- The following is hereby added to Section 9312, Table 9.3.2. — Residential Zones Use Regulations, of Article IX of the Downey Municipal Code and shall read as follow: SECTION 14. Section 9414 of Article IX of the Downey Municipal Code shall be deleted in its entirety and Section 9414 of Article IX of the Downey Municipal Code shall be added, and shall read as follows: The intent and purpose of this section is to establish residential Accessory Dwelling Unit (ADU) regulations in order to provide -a mechanism for accommodating ADUs in appropriate, residential areas and govern the creation of ADUs within the City. The provisions are intended to stabilize property values and enhance the single-family character of neighborhoods by insuring that ADUs are developed under appropriate conditions. Section 9414.04. APPLICABILITY AND APPROVALS Accessory Dwelling Units are permitted in the following areas: (a)Inall residential zones, if an ADU is located within an existing structure. For the purposes of this section, an existing structure shall mean a structure for which proper permits have been issued and the final inspection has been approved at least two years prior to submitting the ADU into Building Plan Check. ORDINANCE NO. 18 - PAGE 6 (b) Within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning Map), construction of a new building or an addition to an existing building, attached or detached, subject to Section 9414 et seq. Section 9414.06. STANDARDS In addition to the development standards for the zone, the following standards shall apply to all ADU developments. In the event there is a conflict between the following standards and any other portion of the code, this section shall apply. (a) There shall be no more than one (1) ADU per parcel. (b) There shall be not more than one (1) principal dwelling unit on a parcel. (c) There shall be not more than one (1) address on the parcel, except that ADUs may have a unit number or letter. (d) The total floor area of an ADU shall not exceed 850 square feet and shall not be less than 220 square feet. The ADU counts towards the maximum allowable floor area ratio or lot coverage for the property. (e) ADUs that require construction of a new building or an addition to an existing building shall only be located on lots that meet the minimum lot size and width for the zone. (f) Existing space within a single-family residence or within an accessory structure may be converted into an ADU, provided that the proposed ADU has Independent Exterior Access from the existing residence, and the side and rear setbacks are sufficient for fire safety, and as required by the adopted California Building Code, as modified by the City of Downey. (g) The entrance to an ADU shall not face onto a front yard or street side yard. (h) ADUs shall be located to the rear of the principal dwelling unit. This shall not apply to the conversion of existing space, as allowed under Section 9414.04(a). (i) An ADU must provide an automatic sprinkler system if an automatic sprinkler system is required for the principal residence. (j) Access to all on-site parking shall be provided from one (1) common driveway. This shall not preclude a circular driveway as allowed under Municipal Code Section 9710 — Residential Parking Design Standards. (k) No more than one (1) kitchen per dwelling unit shall be permitted. (1) The property owner shall record a covenant to the subject property that identifies the total number of dwellings units on the property, prohibits the units from being sold separately, and provides that at least one (1) dwelling unit shall be owner - occupied. (m)AnADU shall include washer and dryer connections. ORDINANCE NO. 18 PAGE 7 (n) All new on-site utilities shall be underground. (o) All development impact fees (water, sewer, park, and traffic fees) shall be proportional to the actual impact and charged in accordance with the Fee Mitigation Act. An ADU is not considered a new residential use when calculating connection fees and capacity charges. (p) ADUs shall utilize the same utility connections as the primary residence. Separate utility connections and meters are prohibited. (q) Short term rentals (30 days or less) shall be prohibited in the principal dwelling unit or ADU. (r) Home occupations and large family day care (nine (9) to fourteen (14) children) shall only be allowed in the owner -occupied unit. (s) The property owner/applicant shall be required to obtain all building permits and inspections prior to occupancy of an ADU. (a)Anexisting garage may be converted into an ADU. No additional building separation shall be required other than what is provided as part of constructionof the garage. Any additions shall provide building separations, as required by the base zone. For the purposes of this section, an existing garage shall mean a garage for which proper permits have been issued and finalled at least two years prior to submitting plans for an ADU conversion into Building Plan Check. (b) If an existing garage or other parking is converted or displaced for an ADU, the conversion or displacement shall not eliminate any off-street parking that is required for the principal residence or, if eliminated, the off-street parking shall be replaced per Section 9708. Section 9414.10. DESIGN OF ACCESSORY DWELLING UNITS The Accessory Dwelling Unit shall be designed to be compatible with the principal dwelling unit, reflecting similar massing, architectural style and detail, fenestration, roof pitch, color, and materials. Separate parking shall not be required for an ADU. However, the square footage of an ADU shall be included in the total square footage calculation to determine total parking required pursuant to Municipal Code Section 9708. (a) The principal dwelling unit and second dwelling unit shall have street access from one (1) common driveway. SECTION 15. The following is hereby deleted from Section 9708, Table 9.7.2. -- Residential Parking Requirements, of Article IX of the Downey Municipal Code and shall read as follow: ORDINANCE NO. _18 - PAG E 8 SECTION 16. The following is hereby amended in Section 9708, Table 9.7.2 Residential Parking Requirements, of Article IX of the Downey Municipal Code and shall read as follow: SCTtO# 17. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional Single-family dwellings 2.0 covered spaces within a For purposes of calculating (detached) garage for dwelling units with required parking, the square 2,999 or less square feet of footage of all enclosed areas, habitable space including storage areas, guest 3.0 covered spaces within a houses and ADUs, except garage for dwelling units garages, shall be included. An between 3,000 and 4,999 equivalent number of required square feet of habitable space parking spaces shall be 4.0 covered spaces within a provided in the driveway (may garage for dwelling units with be tandem). 5,000 or greater square feet of habitable space SCTtO# 17. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional ORDINANCE NO. 18 PAGE 9 SECTION 18. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this _ day of 2018, SEAN ASHTON, Mayor ATTEST: Maria Alicia Duarte, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ss CITY OF DOWNEY )` I HEREBY CERTIFY that the foregoing Ordinance No. 18 -was introduced at a Regular Meeting of the City Council of the City of Downey held on the _`h day of , 2018, and adopted at a Regular Meeting of the City Council of the City of Downey held on the _ day of , 2018, by the following vote to wit: AYES: NOES: ABSENT ABSTAIN: "FURTHER CERTIFY that a summary of the foregoing Ordinance No. 18 was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on _, 2018 (after introduction), and on _,2018 (after adoption including the vote thereon). It was also posted in the Regular posting places in the City of Downey on the same dates. Maria Alicia Duarte, CMC City Clerk