Yorba Linda ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Yorba-Linda-05-26-2017.pdf

May 22, 2017

CITY OF YORBA LINDA

P. O. BOX B7014 CALIFORNIA 92885-8714

Greg Nickless

Housing and Community Development 2020 W. El Camino Ave. Suite 500 Sacramento, CA 95833

Re: City of Yorba Linda A ccesso ry Dwelling Unit Ordinance No. 2017-1039 Dear Mr. Nickless:

In response to and in accordance with the provisions of State Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, the City of Yorba Linda has enclosed Ordinance No. 2017-1039, an ordinance of the City Council of the City of Yorba Linda amending the City’s Accessory Dwelling Unit Ordinance (previously Second Unit Ordinance) in compliance with state law. This ordinance was passed, approved and adopted on May 16, 2017.

If you have any questions regarding the enclosed materials please contact Pedro Gomez @

(714) 961-7130 or pgomez@yorba-linda .org. Sincerely,

Director of Community Development C: Chronological File

Attachment: City of Yorba Linda Ordinance No. 2017-1039

BIRTHPLACE OF RICHARD NIXON 3 7rH PRESIDENT OF THE UNITED STATES

ORDINANCE NO. 2017-1039

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA, CALIFORNIA APPROVING ZONING CODE AMENDMENT ZCA 2017-03 AMENDI NG CHAPTER 18.20, ARTICLE IX, OF THE YORBA LINDA MUNICIPAL CODE, RELATED TO ACCESSORY DWELLING UNITS

WHEREAS, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069, signed into law on September 27, 2016 by the Governor of the State of California and effective January 1, 2017, amend Government Code Section 65852.2 requiring that all accessory dwelling unit ordinances that fail to meet the requirements of the legislature be considered null and void upon the effective date, unless the City adopts an ordinance that complies with State law; and

WHEREAS, in response to and in accordance with the provisions of AB 2299 and SB 1069, the City of Yorba Linda initiated Zoning Code Amendment 2017-03, in accordance with Section 18.36.610 of the Yorba Linda Municipal Code, to amend Chapter 18.20, Article IX, Second Units, of the Yorba Linda Municipal Code to comply with State requirements for Accessory Dwelling Units; and

WHEREAS; on January 25, 2017, the Planning Commission, by a vote of 5-0, approved the initiation of Zoning Code Amendment 2017-03 to modify Chapter 18.20, Article IX, of the Yorba Linda Zoning Code; and

WHEREAS, on March 29, 2017, the Planning Commission of the City of Yorba Linda held a duly noticed public hearing, considered the written and oral information and testimony presented by City staff, community residents and other interested parties, and approved Resolution No. 5191 recommending that the City Council approve and adopt Zoning Code Amendment ZCA 2017-03; and

WHEREAS, Zoning Code Amendment 2017-03 is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, in that CEQA is not applicable to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the California Government Code; and

WHEREAS, Zoning Code Amendment 2017-03 is not a “major amendment” to a land use planning policy document as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and, therefore, is not subject to the approval of a majority vote of the electorate of the City to become effective; and

WHEREAS, pursuant to Section 18.36.620 of the Yorba Linda Municipal Code, a duly noticed public hearing on Zoning Code Amendment 2017-03 was held by the City Council on April 18, 2017.

)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Recitals. The foregoing recitals are true and correct and are incorporated herein as though set forth in full.

SECTION 2: Authority. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to Article XI, Section 7 of the California Constitution.

SECTION 3: Chapter 18.20, Article IX of the Yorba Linda Municipal Code is hereby amended to read in its entirety as follows:

Article IX. Accessory Dwelling Units

18.20.800 Purpose and intent.

In accordance with California Government Code Sections 65852.1 and 65852.2, the City intends for this article to provide for the creation, under limited circumstances, of an accessory dwelling unit on property zoned for single-family use. The purpose of this article is to provide for additional housing opportunities for development of low- and moderate-income housing for the community in keeping with its Housing Element and State law, while at the same time retaining the character of the City’s single-family neighborhoods. In doing so, and to ensure that no avoidable adverse impacts on the public health, safety, and general welfare result from the creation of an accessory dwelling unit, this article prescribes standards for the approval of such units that limit the circumstances under which accessory dwelling units may be permitted consistent with the purpose and intent of this article.

18.20.810 General Provisions.

  1. For purposes of this Article, an accessory dwelling unit shall be defined as a second dwelling unit located on the same lot as the primary single-family dwelling unit, either attached or detached from the primary residential dwelling unit, and which provides complete independent living facilities for one or more persons. An accessory dwelling unit shall be defined to include an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in Section 18007. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary single-family dwelling is situated.

  2. An accessory dwelling unit that conforms to the requirements of this Article shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use that is consistent with the existing general plan and zoning designations for the lot.

  3. In accordance with State law, this Article shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

18.20.820 Ministerial action.

Applications for accessory dwelling units that are consistent with the provisions of this Article will be considered as a ministerial action requiring the issuance of a building permit. The Community Development Director shall approve or disapprove of an application for an accessory dwelling unit standard permit within 120 days after receiving the complete application. Building permits shall only be issued with finding that the plan for the accessory dwelling unit complies with all requirements of the zoning regulations contained in this section herein.

18.20.830 Applicability.

The applicant for an accessory dwelling unit shall be the owner and occupant of the primary dwelling of the lot on which the accessory dwelling unit is proposed to be established, or his/her/their authorized agent. Additionally, the lot on which the accessory dwelling unit is proposed to be established shall:

  1. Be located in a zoning district intended for single-family dwelling units.
  2. Be a minimum of 15,000 square feet, unless all of the following criteria are applicable, in which case, there shall be no minimum lot size:

    1. The unit is contained within the existing space of a single-family residence or existing accessory structure;
    2. The unit has independent exterior access from the existing residence; and
    3. The side and rear setbacks are sufficient for fire safety, subject to determination by the City Building Official.
  3. Contain one single-family dwelling, which is the primary dwelling, and which conforms to all applicable zoning regulations for the zoning district in which the lot is located.

  4. Have no more than a maximum of one accessory dwelling unit located on it at any time.

18.20.840 Standards for accessory dwelling units within existing structures

  1. An application for one accessory dwelling unit, in a single-family residential zone, within the existing floor space of a single-family residence or accessory structure, where no other accessory dwelling unit exists on the property, shall be permitted as a ministerial matter with a building permit and without regard to the other standards in this chapter if it:

    1. Complies with building and safety codes;
    2. Maintains independent exterior access from the existing residence; and
    3. Maintains sufficient side and rear setbacks for fire safety.
  2. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

18.20.850 Standards and criteria.

The following standards and criteria shall apply to all proposed accessory dwelling units:

  1. Location on lot. An accessory dwelling unit may be permanently attached or detached from the primary dwelling.

  2. Height, setback, building separation, landscaping and lot coverage requirements. An accessory dwelling unit shall comply with the height, setback, building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located.

    1. The building site coverage limitation shall include all structures, including the main residence, the accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building site coverage specified in the zone in which the accessory dwelling unit is proposed.

    2. An attached or detached accessory dwelling unit shall be limited to a maximum building height of one-story, unless the attached or detached accessory dwelling unit complies with the all provisions and requirements of Section 18.10.100 (8).

  3. Maximum size. Attached accessory dwelling units shall not exceed fifty percent (50%) of the existing dwelling unit living area of the primary dwelling, or 1,200 square feet, whichever is less. Detached accessory dwelling units shall not exceed a total floor area of 1,200 square feet.

  4. Parking. A minimum of one covered parking space shall be required for an accessory dwelling unit. This parking space may be provided as tandem parking on an existing driveway. Notwithstanding this parking requirement, the City shall not impose parking standards for an accessory dwelling unit in any of the following instances:

  1. The accessory dwelling unit is located within one-half mile of public transit.
  2. The accessory dwelling unit is located within a historic district.
  3. The accessory dwelling unit occurs within the existing primary residence or within an existing accessory structure.
  4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
  5. When there is a car share vehicle located within one block of the accessory dwelling unit.

Additionally, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile

parking lifts. Notwithstanding this requirement, in the case where a garage is converted into an accessory dwelling unit, the primary dwelling shall be required to maintain the parking requirements consistent with the single family dwelling parking standards per Table 18.22-1 in Section 18.22.030.

E. Same ownership required. Accessory dwelling units shall not be rented or leased for less than 30-consecutive days, and shall not be sold or owned separately from the primary dwelling.

  1. Owner occupancy required. The owner of the property on which the accessory dwelling unit is located shall reside in either of the dwelling units on the property as his/her/their principal residence as long as the condition of the accessory dwelling unit remains on the property. This is a perpetual requirement that runs with the land, and a restrictive covenant establishing this requirement shall be recorded, with proof of recordation presented to the Community Development Director, prior to issuance of a final building permit for the accessory dwelling unit.

  2. Mobile homes. Neither the primary dwelling nor the proposed accessory dwelling unit shall be a mobile home, unless as otherwise specified herein.

  3. Exterior design. The design of the accessory dwelling unit, including but limited to building form, materials, exterior finishes, color scheme, and landscaping shall be compatible and of like material with the primary dwelling.

  4. Street visibility. To maintain the single-family residential character of the street, the accessory dwelling unit shall be designed and built in such a manner as to minimize its visibility from the public right-of-way.

J. Exterior entrances and stairways. To maintain the single-family residential character of the street, there shall not be more than one exterior entrance on the front or on any street side of the accessory dwelling unit. Additionally, no exterior stairway shall be located on the front or on any street side of the accessory dwelling unit.

K. Existing garage conversions. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

L. Unless otherwise specified by the provisions of this chapter or State law, accessory dwelling units shall be required to comply with all provisions of the underlying zoning designation and all regulations required for the primary single-family dwelling unit, including but not limited to all applicable building and construction requirements.

18.20.860 Notification.

The applicant shall provide the Community Development Director with property ownership information of the adjacent and contiguous parcels. Additionally, the

ORDINANCE NO. 2017-1039

PAGE NO. 6

applicant shall provide a radius map drawn on the Assessor’s Parcel Map, indicating the adjacent and contiguous parcels.

18.20.870 Appeals.

An applicant or an interested and affected person may file an appeal of a determination to approve or deny an application for an accessory dwelling unit to the Planning Commission to determine adherence to the standards in this Article. Any such appeal shall be in writing and accompanied by payment of the fee for appeals, as established by City Council resolution. The appeal shall state the grounds for the appeal and shall be filed with the City Clerk within fifteen (15) calendar days of the determination. The Planning Commission shall, within thirty (30) calendar days after the appeal is filed, consider the appeal, without a public hearing, and decide the matter as soon thereafter as is reasonably feasible. Notice of the appeal shall be given in accordance with Section 18.20.860.

SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds that the adoption of the Zoning Code Amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17, in that CEQA is not applicable to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the California Government Code.

SECTION 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6: Public Health and Safety. In adopting this Ordinance, the City Council finds that the City has designated the areas where accessory dwelling units may be permitted, based on the impact of these units on traffic flow and public safety, in that lots in single-family zones and lots greater than 15,000 square feet can provide adequate building separation and open area to ensure sufficient natural lighting and air flow is provided between buildings and structures. Additionally, such lots can more adequately minimize undue noise or artificial lighting impacts on adjacent properties from the increased human activities that are deemed detrimental to the public health, welfare, and safety, and contrary to public interest. Lastly, these zoning districts lots are more adequately suited to provide for the increase in parking and traffic associated with the construction of ADUs. By limiting these units to these specific areas of the City, the City can safeguard against detriments to public health and safety including traffic congestion, and associated violations and traffic accidents that may result from the

PAGE NO. 7

increased number of vehicles and residents in areas of the City that are less suited for ADUs.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption. Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such posting and shall certify to the same. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16″‘ day of MaD2017.

ATTEST:

;m aN-.t li

MARIA BROWN, CITY CLERK .,;v· ·

CITY OF YORBA LINDA

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APP.ROVEDAS TO FORM: RUTAN & TUCKER LLP

PAGE NO,8

STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF YORBA LINDA )

I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California DO HEREBY CERTIFY that the foregoing Ordinance was adoted at a regular meeting of the City Council of the City of Yorba Linda, held on this 16t day of May, 201 ?and was carried by the following roll call vote:

AYES: NOES: ABSENT:

COUNCIL MEMBERS: Campbell, Haney, Hernandez, Huang. Lindsey

COUNCIL MEMBERS:

COUNCIL MEMBERS: None COUNCIL MEMBERS: COUNCIL MEMBERS: None

]Y) OvLu

MARCIA BROWN, CITY CLERK CITY OF YORBA LINDA

STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF YORBA LINDA

I , MARCIA BROWN, CITY CLERK, DO CERTIFY THAT THIS IS A FULL, TRUE, AND CORRECT COPY OF THE ORIGINAL ON FILE IN THE OFFICE OF THE CITY CLERK.

MARC N

CITY CLERK

Woodside ADU / Granny Flat Ordinance

http://caladu.org/ordinance/woodside-03-28-2017.pdf

ORDINANCE NO. 2017 585

ADOPTlON OF AN ORDINANCE OF THE TOWN OF WOODSIDE TO AMEND CHAPTER 151, :SITE DEVELOPMENT, AND CHAPTER 153, ZONING (ZOAM2017-0001) , RELATED TO ACCESSORY DWELLING UNITS (ADUS) TO BRING THE WOODSIDE MUNICIPAL CODE INTO COMPLIANCE WITH RECENTLY ENACTED STATE LEGISLATION (AB 2299, SB 1069 AND AB 2406), WHICH BECAME .EFFECTIVE JANUARY 1, 2017. THIS LEGISLATION IS DESIGNED TO STREAMLINE THE APPROVAL PROCESS FOR ADU S; REMOVE BARRIERS TO THEIR CONSTRUCTION; AND EXPAND THE CAPACITY OF JUSRISDICTIONS TO PROVIDE MORE AFFORDABLE HOUSING UNITS IN THE STATE OF CALIFORNIA.

IT IS HEREBY ORDAINED by the Town Council .of the Town of Woodside to amend the Woodside Municipal Code as follows:

SECTION ONE: The Town Council finds that the Municipal Code amendment set forth herein is consistent with the General Plan of the T6wn of Woodside and is required for the public convenience and to achieve the health, safety, ·and welfare of the Town of Woodside.

SECTION TWO: Chapter 151, Site Development, and Chapter 153, Zoning, of the Woodside Municipal Code is hereby amended pursuant to Exhibit A.

SECTION FOUR: In the event that any provision of this ordinnce is in conflict with any other ordinnces of the Town of Woodside or the Woodside Municipal Code, the provisions of this ordinance shall prevail.

SECTION FIVE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof· is for any reason held to be. unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part t0ereof. The Town ·Council hereby declares that it would have passed each sectibn, subsection, subdivision, paragraph, sentence, clause, or phrasy thereof irrespective of the· fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clausips or phrases be declared unconstitutional or invalid or ineffective.

SECTION SIX: Pursuant to Section 3 6 9 3 7 of the Government Code of the State of California; the Ordinance shall take effect. and b in full force and effect thirty ( 3 0 ) days after its final passage.

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ORD. 2017-585 03/28/2017

SECTION SEVEN: The Town Clerk shall cause this Ordinance to be published in accordance w th the requirements of Section 36933 of the Government Code of the State of California.

* * * * * * * * * * * * *

I, the undersigned, hereby certify that the forego Ordinance is a full, true and correct copy of Ordinance No. 2017-585 of the Town of Woodside entitled as above; that it was introduced on the 14th of March, 2017, and was passed and adopted by the Town Council on the 28th of March, 2017, by the following vote:

AYES, Councilmembers: Mayor rmore

NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:

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§ 151.44 DRIVEWA VS..

EXHIBIT A

All Driveways shall be designed and constructed in accordance with the following:

  1. Number of entrances. All residential lots shall have only one Driveway with only one opening which shall be from only one public or private serving Road. Second Dri veway Exceptions may be granted by the Planning Commission if the following findings can be made:

( I ) The proposed additional ingress and egress point meets Town standards for the line of sight, case of public identification, and any other traffic safety consideration; and

    1. The proposed additional ingress and egress point does not detract from the scenic and mral quality of the Town.
    2. The proposed additional ingress and egress point cannot be accornnmdated off of the primary driveway.
  1. Alignment .

(GQ) Gradients. .

(f)g) Design and construction standards .

§ 153.005 DEFINITIONS

ACCESSORY UVING QUARTERS. A living area that is: (l ) within or attached to a main dwelling or

·.vithin or attached to a detached building or structure, imbordinate to the main dwelling; and (2) designed, built or used fer human habitation. ACCESSORY L! V!NG QUARTERS shall inolude but flot be limited to, a rental unit as defined in this section.

ACCESSORY DWELLING UNIT (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include pennanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An Accessory Dwelling Unit also includes the following:

    • An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
    • A manufactured home, as defined in Section 18007 of the Health and Safety Code.

EXISTING STRUCTURE. “Existing Structure” for the pumoses of defining an allowable space that can be converted to an Accessory Dwelling Unit means within the walls and roofline of any legal structure existing on or after Januaiy l , 2017 that can be made safely habitable under local building codes at the determination of the Building Official, regardless of any noncompliance with zoning standards.

ORD. 2017-585

0312812017

§ 153.026 PERMITTED, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS

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2 ORD. 2017-585

03/2812017

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

  1. Accessory Dwelling Units Living Q1:1aFters. All of the aaoye lhing a1:1aFters Accessory Dwelling Units, whether internal, attached to, or detached from the main dwelling unit, shall conform to the following requirements:

    1. Requirements applicable to all Accessory dwelling units aeeessofY H,yifi:g qeaFtem:
      1. Building and Fire Sa fety. Conformance with all applicable building, housing, zoning, and site development laws, codes, and regulations shall be required, as applicable to Accessory Dwelling Units. Accessory Dwelling Units shall not be required to provide

3

3 ORD. 2017-585

03128/2017

fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire prntection.

  1. Parking and Drivewa y Access. Off-road parking spaces shall be provided in accordance with the requirements of §§ 153.115 through aruJ 153. 1 19, as applicable to Accessory Dwelling Units; and specifically as follows:

l.

pennitted in setback areas in locations detennined by the Town, or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not foasible based upon specific site or regional topographic or fire and life safety conditions.

u. Parking Waiver. Parking is not required in the following instances:

The Accessory Dwelling Unit is located within one-half mile of public transit, including transit stations and bus stations;

The Accesso1y Dwelling Uni t is located within an architecturally and

historically significant historic district;

The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure;

The Accessory Dwelling Unit is located in an area where parking pennits are required, but are not offered to the occupant of the Accessory Dwelling Unit; or

The Accessory Dwelling Unit is located within one block of a car share vehicle..

!!!:. Re placement Parking: When a garage, carport, or covered parking structure is demolished or converted in con junction with the construction of an Accessory Dwelting Unit, the Town requires that those parking spaces be replaced. The replacement spaces may be located in any configuration on the same lot as the Accessory Dwelling Unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

  1. Design Review. All plans for Accessory Dwelling Units accessory living quarters shall be subject to review and approval by the Planning Director. In addition, an plans for the new construction or exterior modification of Accessory Dwelling Units accessory living quarters, including rental units, shall also, prior to the issuance of any

permit, be subject to review according to § 153.221. [n considering architectural review, the Planning Director shall be required to find that the Accessory Dwelling Units accessory living quarters are subordinate to the main dwelling, and compatible with the neighboring property and uses in height, bulk, location, appearance, color, 1naterials, and landscaping.

  1. General Accessorv Structure Re gulations and Setback Exce ption. The requirements of § 153.049 related to accessory buildings shall apply. Additionally, development standards contained in this Chapter, including, but not limited to: height, setbacks, floor area, lot coverage, and landscaping shall apply. Refer to Section 153.050.B.5 for reduced setback allowances for garages converted to Accessory Dwelling Units.

  2. Number o( Accessorv Dwellin g Units Allowed. No more than two Accessory Dwelling Units accessory living quarters, including Accessory Dwelling Units accessory living ctaa1iers in barns, are permitted on a parcel. Jo rnore than one accessory living quarters Hsed as a rental 1:1nit shall be pennitted for each parcel. For parcels equal to or greater than 1.0 acre in size, but less than 1..5 acres in size, a maximum of one detached and one attached accessory living quarter dwelling units shall be pennitted. For parcels less than 1.0 acre in size,. no more than one Accessory Dwelling Unit accessory living e:iuarters, whether attached or detached,. shall be pennitted. In the R-1 District, no more than one Accessory Dwelling Unit accessory living quarters is ,,,,,,.,…,,heo‘•Cl,,.J:!JL!!d_-‘::’1′.’.”‘.!:E!’.’

(f) Attached Accessory Dwellin g Units. The floor area of an attached Accessory Dwelling Unit accessory living quarters shall not exceed of the size of the main residence, including the Accessory Dwelling Unit accessory living quarters, or 1,500 square feet, whichever is less.

  1. Detached Accessory Dwelling Units.. The floor area of a detached Accessory

=!.!!! accessory living quarters, including the floor area of any attached garage, shall not exceed 1,500 square feet.

  1. .Basement Accessmy Dwelling Units. Basement area used for an Accessory Dwelling Unit accessory living e:iuartern, or a portion thereof, shall be calculated as floor area pursuant to the provisions of § 153.055. limited to the unit sizes prescribed in § 153.026.8.1.f-g.

  2. No rent shall be paid for any accessory living quarters except as set forth in division (3) applying to rental units.

(i) Rental Accessmy Dwelling Units. Accessmy Dwelling Units which are rented shall not be rented for less than 30 consecutive days.

(j) Processing Requirements:

1. Accessorv Dwellin g Units within an Existin g Structure. An Accessory

Dwelling Unit within an Existing Stmcture (induding the primary structure, attached or detached garage, or other accessmy structure) shall be pennitted ministerially with a Building Permit, and within 120 days of application, in

compliance with other standards within the Chapter, if complying with the following codes and requirements:

Building and safety codes;

Independent exterior access from the existing residence;

Sufficient side· and rear setbacks for fire safety, as set forth in the Building Code: and,

        • A minimum 5’setback for a second-story Accessory Dwelling Unit.

ii. Denial. In order to deny an Accessory Dwelling Unit. the Planning Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

    1. Accessory Dwelling Units within Barns. In addition to the requirements applicable to all Accessory Dwelling Units aeeessory liviag qaarters, any such Accessory Dwelling Units aeeessery lh1iag quarters located within barns shall conform to the following additional requirements:

      1. No more than one Accessory Dwelling Unit aeeessery li’.4ng qaarters within a barn shall be permitted on a parcel with the following exception: up to two Accessory Dwelling Units aeeessery liviag E}t1arters may be permitted within a barn located on a property containing a town-approved eommereial professional stable. Such additional Accessory Dwelling Units aeeessory liyiag q_-aarters shall only be permitted after approval of a conditional use pennit by the Planning Commission, in accordance with applicable conditional use permit procedures.

      2. The floor area of the Accessory Dwelling Unit aeeessery li’liag t):Uarters within a barn shall be no greater than 4-0% 50% of the footprint area of the barn, or -1-,00{I

1.200 square feet, whichever is less. If the feetpriat area ef the barn is less thaa 1,000 square feet, hewwer, the liYiag qaartefS may be t1fJ to 400 sqaare feet in sizi:;e.

      1. The Accessory Dwelling Unit aeeessery liviag qaarters and the barn shall . contain an automatic fire sprinkler system, and the Accessory Dwelling Unit aeeessery li¥iag qaarteFS shall be separated from the other portions of the barn with a one-hour firewall, in accordance with the Iown’s Building Code.
    1. In aclditioa to all other requirements, the feUowiag reqairements apply te enly Festal aaits:

      1. The floor area ef aa a-ttaebed rental t1nit shall aot eKeeed 2§% ef the size of the mffin Fesidenee, iaell:ldiag the Fental l:lnit, a1;1t shall not 8*6eed 1,000 St):Uare feet. The floor area of a cletaehed rental anit, ineladiag the fleer area of aay attaooecl garage, shall eat eKeeed 1,000 StJ:Uare feet.

      2. Per any aeeessmy liviag quarters eeastrneted prieF to Jafttlary 12, 198§, wbere aa ewaer wishes to eew;ert its l:lse to a reatal anit:

  1. The fleer area shall net eKeeee .1,200 sl:lare feet, ex:elading garage faeilities.
  1. Units shall be set baok a minim1:1m distanoe of SO feet from a :ffont property line and ten feet from a side or rear preperty line, eiwept in the R 1 Distriot, where the minim1:1m front setbaek shall be 2G feet.

  2. The California Health and Safety Code and the Uniform Housing Code shall be applied in lieu of the Uniform Building Code i0 eertifying reetal units fer oeeupaney.

(o) For any ttnit eonstrueted after Ja1n1ary 12, 19&5, and t1sed as a reetal 1:1nit, the floor area shall not eKoeed 1,000 sql:lare feet, inel1:1ding 1:he floor area of at1y attaffied garage;-

(d) The minim1:1m floor area for all rental enits shall lie 4 00 Slltiare feet.

. (e) Rent may be eharged for rental t1nits.

thereof.

  1. Oeeapaney eertifioation shall he tel}Hired for all rental enits prior to the reatal
    1. .’\jlplieations for eertifieation shall be aeeompanied by a fee set by resolution by the Couneil.
    2. The aflplieation for oeeapaney eertifieation shall be re'”i<le·Ned and appr011ed by the Plarming Direetor.

§ 153.031 MULTI-FAMILY RESIDENTIAL DEVELOPMENT OVERLAY ZONE

  1. Development standards and requirements.
    1. Notwithstanding any other provisions of this section, all MFRD projects shall be subject to the goals policies, standards and requirements of the General Plan.

    2. For the purposes of this section, the applicant shall designate a “MF.RD lot” or “MFRD lots” as the site(s) of the MFRD. Each “MFRD lot” may be a legal parcel, or it may be a portion of a legal parcel within the defined Canada College campus that will accommodate MFRD. Each “MFRD lot shall not include any other buildings, or uses such as parking or open space that supports other buildings not on the MFRD lot.

    3. The following standards shall be met by any proposed MFRD (see Table A: MFRD Development Standards):

      1. Lot dimensions. Lots accommodating MFRD shall be no less than 75 feet in any dimension.

      2. Lot coverage. No more than 60% of the lot shall be covered by buildings.
      1. Unit density. The minimum unit count on the lot shall be at least one unit per 4,500 square feet of lot area. The maximum unit count on the lot shall be no more than one unit per 2,400 square feet.

    1. Building height. No residential structure shall exceed 35 feet in height, and no accessory structure shall exceed 17 feet in height.

  1. Setback requirements. For the purposes of this section, setbacks shall be measured from 1) the legal parcel boundary, 2) the edge of the “MFRD lot” defined in division (C)(2) of this Section, or 3) the edge of any internal roadway on the Canada College site, whichever is more restrictive. The Planning Director shall determine the location of the front, side, and rear setbacks.

    1. Required front-yard setbacks: Front yards shall have a mm1mum setback of 15 feet, and provide further that no garage or carport space shall have its entrance located within 20 feet of any property or “MFRD lot”.

    2. Required side-yard setbacks:

      1. Side-yard setback: Side yards shall have a minimum setback of six feet, provided that the horizontal distance to the side lot line of any point on any building face shall not be less than one-half its height above the side lot line.

      2. Wherever a main entrance to a building containing three or more units opens into an interior side: yard, the minimum side-yard setback shall be 15 feet to the entrance of that portion of the building.

      3. Exterior side yards. Wherever a side yard is adjacent to a street, such side yard shall have a minimum yard setback of 15 feet.

      4. Multiple-story dwellings and additions: Multiple-story structures shall maintain a minimum side yard of 25% of the lot depth or

35 feet, whichever is less. Remaining portions of a multiple-story structure shall have a minimum setback equal to one half the height measured at the plateline or ridge beam, whichever is highest.

      1. For Accessory Dwelling Units, no setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit. and a setback of no more than five feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage.

    1. Required rear-yard setbacks: Rear yard setbacks shall have a minimum yard setback of 20 feet.

@f) Minimum pervious area and stonnwater requirements. A minimum of 20% of each lot shall be pervious area, to be composed of landscaping, vegetated open space, or natural state.

(Qg) Required pervious area in front yard. A minimum of 60% of the area of the front yard shall be pervious area, primarily comprised of pervious landscaped material. Area devoted to public sidewalks shall not be included in the calculations.

Winters ADU / Granny Flat Ordinance

http://caladu.org/ordinance/winters-03-08-2018.pdf

ORDINANCE NO. 2017 01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINTERS AMENDING CHAPTER 17.04 (INTRODUCTORY PROVISIONS AND DEFINITIONS),

CHAPTER 17.16 (APPLICATIONS AND PUBLIC HEARINGS), CHAPTER 17.52 (LAND

USE/ZONE MATRIX) AND CHAPTER 17.98 (SECOND RESIDENTIAL UNITS) OF THE WINTERS MUNICIPAL CODE

The City Council of the City of Winters, State of California, does hereby ordain as follows :

  1. Purpose. The purpose of this ordinance is to amend various section of the text in the Winters Municipal Code (the Municipal Code) necessary to regulate Accessory Dwelling Units (formerly known as Second Residential Units).

  1. Authority. The City of Winters has authority to adopt this ordinance pursuant to the general police power granted to cities by Article 11, Section 7 of the California Constitution.
  1. Amendments to Title 17. The City hereby makes the following amendments to Title 17 of the Municipal Code:

    1. Subdivision (8) of Section 17.04.140 of the Municipal Code is hereby amended to add or delete the folloing definitions:
      1. The following definition is hereby added to Subdivision (8) of Section 17.04.040 of the Municipal Code:

Accessory dwelling unit (formerly known as “second residential unit”) means a dwelling unit attached or detached from principal permitted dwelling which provides complete and independent living facilities, including living, sleeping, eating, cooking and sanitation facilities, for rent but not for sale.

      1. The following definition is hereby deleted from Subdivision (8) of Section 17.04.040 of the Municipal Code:

follows:

    1. Section 17.16.050 of the Municipal Code is hereby amended to read as

17.16.050 Ministerial permits.

A. Purpose.

Ministerial actions, as noted herein, shall be subject to review and approval by the community development director and, as applicable, city engineer, to ensure, project consistency with this title, the municipal code and applicable provisions of state law.

  1. Ministerial Projects.

1

The following is a list of projects which typically are classified as being ministerial. The community development director and/or city engineer retain the author ity to seek guidance or discretionary approval from a reviewing body if the nature of a proposed project warra nts such action:

    1. Building permits and tenant improvements , where the proposed use or structure does not trigger discretionary review under the terms of this title (such as for certain types of remodeling), or when such discretionary review has been completed;
    1. Demolition permits;
    1. Grading permits where the intended use of land does not trigger discretionary review under the terms of this title, or when such discretionary review has been completed;
    1. Site plans in conjunction with a building or grading permit, except where planning commission design review is required as noted elsewhere in this title;
    1. Certificates of occupancy;
    1. Lot line adjustments ; (Note: The community development director and city engineer may refer a lot line adjustment application to the planning comm ission for action if it is determined that the adjustment has the potential to significantly enhance the develop ability of one or more lots.)
    1. Certificates of compliance;
    1. Accessory dwelling units; and
    1. Voluntary lot mergers. (Ord. 97-03 § 2 (part): prior code § 8-1.4209)
    1. Section 17.52.020 of the Municipal Code is hereby amended to make the following deletions and additions to the Land Use/Zone Matrix:

17.52.020 Land Use/Zone Matrix

Delete Second Residential Units from Table 2 under R-R, R-1 and R-2 as a permitted P use and add Accessory Dwelling Units to Table 2 under R-R, R-1 and R-2 as a permitted P use.

    1. Chapter 17.98 of the Municipal Code is hereby amended in its entirety to read as follows :

2

Chapter 17.98 ACCESSORY DWELLING UNITS

Sections: 17.98.010

17.98.020

17.98.030

Purpose and intent. Administration Development Standards

17.98.010 Purpose and intent

The purpose of this section is to permit accessory dwelling units in single-family residential zoning districts consistent with state law (California Government Code

Sections 65852.150 through 65852.2) . This section is intended to expand housing opportunities by increasing the number of housing units available within existing neighborhoods while maintaining the primarily single family” residential character of the area. Accessory dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship, and family support for the occupants, consistent with the general plan. An accessory dwelling unit must comply with all of the provisions in Chapter 17, except as modified in this chapter.

17.98.020 Administration

  1. Accessory Dwelling Unit Permit Required. An approved accessory dwelling unit permit shall be obtained prior to construction, conversion and/or development of an accessory dwelling unit. Pursuant to California Government Code Section 65852 .2, the accessory unit permit shall be considered ministerial without any discretionary review or a hearing. Accessory dwelling units are exempt from the California Environmental Quality Act.
  1. Application.
    1. Applications for an accessory dwelling unit permit shall be filed with the community development director on forms provided by the community development department.
    1. An application for an accessory dwelling unit permit shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this subsection.
    1. Once an application is deemed complete the application must be approved or denied within one hundred and twenty (120) days.
  1. Existing Accessory Dwelling Units. This section shall in no way validate an illegal accessory dwelling unit. An application for an Iaccessory dwelling unit permit may be made pursuant to

the provisions of this chapter to convert an illegal accessory dwelling unit into a lawful accessory dwelling unit, or to allow for the replacement, alteration or expans ion of an existing

3

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nonconforming accessory dwelling unit. The conversion of an illegal accessory dwelling unit into a lawful accessory dwelling unit, or the replacement , alteration or expansion of an existing nonconform ing accessory dwelling unit shall be subject to the requirements of this chapter.

17.98.030 Development Standards

All accessory dwelling units shall comply with the following development standards :

A The maximum area of floor space of a detached accessory residential unit shall not exceed one thousand two hundred (1,200) square feet of living area on lots with a net lot area of twenty thousand (20,000) square feet or more and seven hundred fifty (750) square feet of living area on lots with a net lot area of less than twenty thousand (20,000) square feet. The maximum area of floor space on an attached accessory residential unit shall not exceed fifty percent (50%) of the living area of the existing principal residence, not to exceed a maximum of one thousa nd

two hundred (1,200) square feet.

  1. The site on which the proposed accessory dwelling unit is to be located meets the minimum lot size requirements for the zone in which it is located and in no instance is less than six thousand (6,000) square feet.
  1. Construction under this section shall be subject to zoning requirements applicable to residential construction in single family (R-R, R-1 and R-2) zones, except as modified by the conditions of this section.
  1. The lot on which the accessory dwelling unit is proposed shall contain a principal residence at the time of construction of the accessory dwelling unit. In the case of vacant lots, the principal residence and accessory dwelling unit may be constructed at the same time.
  1. The accessory dwelling unit is self-contained with its own separate entrance, kitchen and bathroom and shall comply with all applicable building, fire, energy and other health and safety codes.
  1. Only one accessory dwelling unit shall be allowed for each principal residence per lot. An accessory dwelling unit shall not be permitted on a lot already having two or more dwelling units located thereon and shall not be permitted in addition to a guest dwelling. A guest dwelling shall not be permitted on any lot developed with an accessory dwelling unit.
  1. The accessory dwelling unit shall be in compliance with all current zoning requirements, including structure height and yard setbacks. Consistent with the general plan, accessory dwelling units that front on alleys shall be encouraged. An accessory dwelling unit built above

an existing detached garage may be located within five (5) feet of the rear or side property lines, subject to complying with Title 24 of the California Code of Regulations.

4

H.An accessory building or structure, including a garage, may be converted into an accessory dwelling unit, subject to complying with the Title 24 of the California Code of Regulations .

  1. One (1) off-street uncovered parking space shall be provided for every accessory dwelling unit in addition to parking required for the principal residence. The off-street uncovered parking space may be provided in the front setback to the side of the existing driveway or in tandem on the driveway, subject to complying with Section 17.98.0301. When development of the accessory dwelling unit displaces existing required off-street parking (e.g., conversion of a garage) the required parking shall be concurrently replaced on the property in compliance with the off-street parking regulations in Chapter 17.72.

No additional parking is required if the accessory dwelling unit is located :

    1. Within one-half (Yl) mile of public transit;
    2. In an historic district;
    3. In part of an existing principal residence or existing accessory building or structure;
    4. In an area requiring on-street parking permits but they are not offered to the ADU occupant; or
    5. Within one block of a car-sharing vehicle pick-up/drop-off location.
  1. Not more than forty (40) percent of the front yard of a parcel, inclusive of accessory dwelling unit off-street parking requirements, shall be devoted to a driveway .
  1. The accessory dwelling unit shall not cause excessive noise, traffic congestion, parking congestion or overloading of public facilities.
  1. Separate hookups for city services and/or utilities may be required as determined by city standards as applied by city staff or by the appropriate public utility.
  1. Accessory dwelling units shall achieve architectural continuity with the principal residence and with the character of the surrounding neighborhood, as determined by the community development department. No entrance to an accessory dwelling unit shall be located on the front building elevation of the principal residence if the accessory dwelling unit is attached to the residence, in order to maintain the appearance of the structure as a single-family unit.

N. The property owner shall occupy either the principal or accessory dwelling unit as their principal or primary residence as defined by the County Assessor . If either unit should become non-owner occupied the accessory dwelling unit, upon notification by the city, shall be converted into a non-dwelling unit or guest dwelling by removing the kitchen facilities. To ensure the property is owner-occupied the property owner shall record a deed restriction prior to obtaining

a certificate of occupancy for the accessory dwelling unit. The deed restriction will stipulate they (property owner) will live in one of the two units at all times.

5

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

  1. Before obtaining an occupancy permit for an accessory dwelling unit the owner of an accessory dwelling unit shall file with the County Recorder a declaration or agreement , form to be approved by the city attorney , stating the owner shall live in either the principal residence or accessory dwelling unit at all times. This restriction shall be removed if the owner eliminates the accessory dwelling unit or converts it into a non-dwelling unit or guest dwelling by removing the kitchen facilities.

P. The size of the accessory dwelling unit shall be counted towards the maximum floor area ratio (FAR) for the site.

  1. Accessory dwelling unit permits shall not be issued for accessory dwelling units that result in adverse impacts to the adequacy of water and sewer services, and/or result in adverse impacts on traffic flow, and/or result in adverse impacts on any real property listed in the California Register of Historic Places.
  1. All new construction or exterior alterations to existing structures proposed under the accessory dwelling unit permit may be subject to design review as prescribed in Chapter 17.36, except that design review shall be ministerial without any discret ionary review or a hearing.
    1. Severability . If any provision or clause of this ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are declared to be severable.
    1. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption and, within fifteen (15) days after its passage, shall be published at least once in a newspaper of general circulation published and circulated within the City of Winters .

INTRODUCED at a regular meeting on the 17th day of January, 2017 and PASSED AND ADOPTED at a regular meeting of the Winters City Council, County of Yolo, State of California , on the 7th day of February, 2017 by the following vote:

AYES : NOES: ABSENT: ABSTAIN :

Council Members Anderson , Biasi, Loren, Neu, Mayor Cowan None

None None

Wade Cowan, Mayor

APPROVED AS TO ORM:

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Ethan Walsh, City Attorney

6

Windsor ADU / Granny Flat Ordinance

http://caladu.org/ordinance/windsor-01-10-2018.pdf

ORDINANCE NO. 2017-319

AN ORDINANCE OF THE TOWN OF WINDSOR

AMENDING THE TOWN OF WINDSOR ZONING ORDINANCE TO ADOPT REVISIONS TO THE REQUIREMENTS FOR ACCESSORY DWELLING UNITS AND TO ALLOW AND ESTABLISH REQUIREMENTS FOR JUNIOR ACCESSORY DWELLING UNITS IN ORDER TO IMPLEMENT GOVERNMENT CODE SECTIONS

65852.2 AND 65852.22

WHEREAS, in order to implement AB 2299 and SB 1069, which amended Government Code Section 65852.2 regulating accessory dwelling unit ordinances, and to implement SB 2406, which added Government Code Section 65852.22 to establish requirements for junior accessory dwelling units, the Town of Windsor (“Town”) has undertaken proposed amendments to the Town of Windsor Zoning Ordinance regulations for second or “accessory” dwelling units and junior accessory dwelling units in single-family and multifamily zoning districts; and

WHEREAS, in adopting the amendments to Government Code Section 65852.2, the State legislature found that allowing accessory units in single-family and multi-family residential zones provides additional rental housing stock; California faces a severe housing crisis; the state is falling short of meeting current and future housing demand with serious consequences for the state’s economy, the ability to build green in-fill consistent with state greenhouse gas reduction goals, and the well-being of California citizens, particularly lower and middle-income earners; accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and, therefore, accessory dwellings are an essential component of California’s housing supply; and

WHEREAS, California Government Code Section 65852.2 reduced requirements that local agencies could place on accessory dwelling units in order to remove obstacles to the creation of accessory dwelling units, provide more affordable housing options, streamline the permitting process, and reduce the costs; and

WHEREAS, California Government Code Section 65852.22 created and established requirements for junior accessory dwellings, which provide a new more affordable housing option; and

WHEREAS, the proposed amendments to the Town Zoning Ordinance will bring the Zoning Ordinance into compliance with state law requirements for accessory dwelling units and will allow and establish requirements for junior accessory dwelling units; and

WHEREAS, the Planning Commission held a duly noticed public hearing on September 26, 2017, at which it reviewed proposed amendments for accessory dwelling units and junior accessory dwelling units, considered all public comments and related CEQA exemption, and forwarded a resolution to the Town Council to approve the recommended Zoning Ordinance amendments for accessory dwelling units and junior accessory dwelling units with the following modifications: (1) require an accessory dwelling unit to be rented for terms of 30 days or more and allow the primary dwelling to be rented for terms of less than 30 days; (2) do not require

owner occupancy of an accessory dwelling unit or the primary residence; and (3) allow one accessory dwelling and one junior accessory dwelling unit per parcel; and

WHEREAS, the amendments for accessory dwelling units are exempt from environmental review pursuant to Public Resources Code Section 21080.17 and California Environmental Quality Act (“CEQA”) Guidelines Section 15282(h) which specifically exempt the adoption of an ordinance regarding accessory dwelling units in a single-family or multi-family zoning district to implement Government Code Section 65852.2. The proposed amendments for junior accessory dwelling units are exempt pursuant to CEQA Guidelines Section 1506l(b)(3), the General Rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; and

WHEREAS, the Town Council held a duly noticed public hearing on November 15, 2017, at which it reviewed the proposed Zoning Ordinance amendments for accessory dwelling units and junior accessory dwelling units and considered all public comments and related CEQA exemption.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF WINDSOR DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are hereby declared to be true and correct.

SECTION 2. Findings. The Town Council finds that:

A. A duly noticed public hearing, in accordance with California Government Code Section 65856, regarding the proposed amendments to the Zoning Ordinance was held by the Town Council on November 15, 2017.

  1. The proposed amendments are consistent with the General Plan land use designations and density because Government Code Section 65852.2 finds accessory dwelling units to be a use that is accessory to a single-family residence, exempts accessory dwelling units from density, deems accessory dwelling units consistent with the existing General Plan and zoning for the parcel; and does not allow an accessory dwelling from being considered in the application of a local ordinance, policy, or program to limit residential growth. The proposed amendments are also consistent with and implement Housing Element goal H-1 and policies 1.2, 1.4 and 1.9 which encourage a range of housing types for all economic segments of the community; encourage the development of secondary and smaller units; ensure that housing is provided that meets the needs of the local workforce; and strive to permit and encourage development of second units.
  2. The proposed amendments would not be detrimental to the public interest, health, safety, or convenience, or welfare because accessory dwellings are still required to comply with local building codes and require a building permit, setbacks adequate for fire and life safety are required, the amendments will provide increased housing options that are more affordable, and the amendments include requirements for architectural consistency and pnvacy.
  3. The proposed amendments for accessory dwelling units are internally consistent with other applicable provisions of the Zoning Ordinance because all sections of the Zoning Ordinance that refer to “second dwelling units” have been amended to reference “accessory dwelling units;” the definitions have been amended to include the new definitions included in Government Code Section 65852.2; the various requirements of the Zoning Ordinance that apply to accessory dwelling units have been incorporated into Zoning Ordinance Section 27.34.180; and the Allowed Uses and Permit Requirements Table, General Development Standards Table, and Parking Requirements by Land Use Table have been amended.
  4. The Town Council finds that this Ordinance is exempt from environmental review pursuant to Public Resources Code Section 21080.17 and California Environmental Quality Act (“CEQA”) Guidelines Section 15282(h) which specifically exempt the adoption of an ordinance regarding accessory dwelling units in a single-family or multi­ family zoning district to implement Government Code Section 65852.2 and CEQA Guidelines Section 15061(b)(3), the General Rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

SECTION 3. Article 2 – Section 27.08.030 of the Town of Windsor Zoning Ordinance entitled “Residential District Land Uses and Permit Requirements” is hereby amended as follows:

TABLE 2-2

Allowed Uses and Permit Requirements for Residential Zoning Districts

p Permitted Use (2) (3)

MUP Minor Use Permit Required (3) UP Use Permit Required (3)

Use not allowed

I PERMIT REOUIREMENT BY ZONE I Specific

LAND USE (l) I ER SR j VR j MDR j CR** j HDR I Use .

Re1mlations

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AGRICULTURE, RESOURCE & OPEN SPACE USES

Animal keeping p P(4) P(4) P(4) P(4) P(4) 27.34.040
Crop production and horticulture p
Roadside stands MUP

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RECREATION, EDUCATION & PUBLIC ASSEMBLY USES

Parks and Playgrounds p p p p p p
Religious places of worship UP UP UP UP UP UP
Schools -Private, K-12 UP UP UP UP UP UP

RESIDENTIAL USES***

Accessory dwelling units p p p p 27.34.180
Guest house p p MUP MUP MUP MUP 27.34.090
Home occupations p p p p p p 27.34.100
Junior accessory dwelling units p p p p 27.34.185
Kennels, hobby MUP MUP MUP MUP MUP MUP
Mobile home parks UP UP UP UP 27.34.120
Multi-family dwellings UP UP p p p 27.08.060
Organizational houses (convents, fraternities, etc.) UP UP UP UP UP UP
Residential accessory uses and strnctures p p p p p p 27.34.170
Residential care homes 6 or fewer clients p p p p p p
Residential care homes 7 or more clients MUP MUP MUP MUP MUP MUP
Single family dwellings p p p p
Single room occupancy housing (SRO)**** UP UP p p p 27.08.070

Zero lot line projects

SECTION 4. Article 2 – Section 27.08.030 of the Town of Windsor Zoning Ordinance entitled “Residential District General Development Standards” is hereby amended as follows:

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I Requirement b Zoulng District

ER I SR I VR

Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area 10,000 sq. ft. 6,000 sq. ft. I 5,ooo sq. ft.
Width (1) 80 ft. 60 ft.
Maximum Density (2) 0.2 to 3 dwelling units per acre 3 to 6 dwelling units I 5 to 8 dwelling units

per acre per acre

Setbacks Minimum and maximum setbacks required. See Chapter 27.20 for setback measurement, allowed proiections into setbacks, and exceotions to setbacks.
Front -Minimum, infill development (3)

Front -Minimum, new project (3)

Front -Maximum, new project (3)

Front -Minimum for garage (9)

Sides -Minimum Rear -Minimum Rear -Minimum for attached garage Between structures Accessory Structures Accessory dwellings

The average of the front setbacks of the two nearest buildings on the same block face, or the minimum setback shown below for new development, whichever is less.
20 ft. 15 ft. 13 ft.
30 ft. 25 ft. 20 ft.
35 ft. (4) 25 ft. (4)

18 ft. but not less than 5ft. further from the street than the facade of the residence.

5 ft.; 10 ft. on street side (5) (8)
20 ft.
5 ft.
See Section 27.08.050 (Minimum Distance Between Residential Structures)
See Section 27.34.170 (Residential Accessory Uses and Structures)
See Section 27.34.180 (Accessory Dwelling Units)
Site coverage (6) 35% I 40% I 50%
Height Limit (7) 35 ft. for principal structures 15 ft. for accessory structures

15 ft. for detached accessory dwelling units, except as allowed by Section 27.34.180

Landscaninl! As required by Chapter 27.28 (Landscaping)
Parking As required by Chapter 27.30 (Parking and Loading)

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

Minimum lot size Minimum area and widthfor parcels proposed in new subdivisions.
Area 5,000 SQ. ft. 3,500 sq. ft.
Width (1) 50 ft. 20 ft.
Maximum Density (2) 8 to 12 dwelling units per acre 12 to 16 dwelling units per acre 12 to 24 dwelling units per acre 16 to 32 dwelling units per acre
Setbacks

Front – Minimum, infill development (3)

Front – Minimum, new project (3)

Front -Maximum, new project (3)

Sides – Minimum Rear Minimum

Rear -Minimum for attached or detached garage

Between structures Accessory Structures Accessory dwellings

Minimum and maximum setbacks required. See Chapter 27.20 for setback measurement, allowed projections into setbacks, and excevtions to setbacks.
The average of the front setbacks of the two nearest buildings on the same block face, or the minimum setback shown below for new development, whichever is less.
13 ft. 5 ft.
20 ft. 10 ft.
5 ft.; 10 ft. on street side (5) (8) 5 ft.
15 ft. 10 ft. 5 ft.
5 ft.
See Section 27.08.050 (Minimum Distance Between Residential Structures)
See Section 27.34.170 (Residential Accessory Uses and Structures)
See Section 27.34.180

(Accessory Dwelling Units)

NIA
Site covera2e ( 6) 50% 80% I 100%
Height Limit (7) Primary structures Accessory structures Accessory dwelling unit 35 feet maximum 2 stories minimum

4 stories maximum

15 ft. for accessory structures
15 ft., except as allowed by Section 27.34.180 NIA
Landscaoin2 As required by Chapter 27.28 (Landscaping)
Parkin2 As required by Chapter 27.30 (Parking and Loading)

SECTION 5. Article 3 – Section 27.34.180 of the Town of Windsor Zoning Ordinance entitled “Second Dwelling Units” is hereby amended as follows:

Section 27.34.180 – Accessory Dwelling Units

Accessory dwelling units shall comply with the requirements of this Section, where allowed by Section 27.08.030 -Residential Land Uses and Permit Requirements.

A. Purpose. The provisions of this Section are intended to set standards, in compliance with California Government Code Section 65852.2, for the development of accessory dwelling units in order to increase the supply of smaller and affordable housing while ensuring such

housing remains compatible with the existing neighborhood.

The provisions of this Section are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development.

  1. Applicability. Except as otherwise provided by this Section, accessory dwelling units shall be ministerially pe1mitted only in compliance with the requirements of this Section and all other requirements of the applicable zoning district in the following residential zoning districts: Estate Residential (ER), Surrounding Residential (SR), Village Residential (VR), Medium Density Residential (MDR), and Planned Development (PD) where not prohibited by a Policy Statement or conditions of approval.
  1. General Requirements. An accessory dwelling unit:
    1. May be located on any residentially zoned parcel that allows single-family or multi­ family dwellings and that contains only one single-family detached dwelling;
    2. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams;
    3. Shall not be sold separately from the primary residence; and
    4. Shall not be rented for term of less than 30 days. The single-family residence may be rented for term of less than 30 days.
  1. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary residence located on the parcel.
  1. Permit Requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this Section shall approved ministerially through the building permit process.
  1. Development Standards. A building permit for an accessory dwelling unit shall be issued only if the unit complies with all of the following development standards:
    1. Number of units per lot. One accessory dwelling unit shall be allowed on a parcel in a single-family or multi-family zoning district developed with a primary dwelling. An accessory dwelling shall not be allowed on a parcel developed with two or more dwellings.
    1. Location. An accessory dwelling unit may be located within, attached to, or detached from the existing-primary dwelling. An accessory dwelling unit may also be located above a garage attached to or detached from the primary dwelling.

3. Existing Development. A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the constrnction of the accessory dwelling unit.

  1. Setbacks. Residential District. An accessory dwelling unit shall comply with the following setback requirements:
    1. Attached Unit. An attached accessory dwelling unit shall be subject to the same setback requirements applicable to the primary dwelling as determined by Section

27.08.040 of this Code (Residential District General Development Standards).

    1. Existing Single-Family Dwelling. An accessory dwelling unit that is fully contained within the existing space of a single-family dwelling or accessory structure and has independent exterior access from the existing single-family residence shall provide side and rear setbacks sufficient for fire safety.
    1. Existing Garage. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. A setback of five feet from the side and rear property lines is required for an accessory structure constructed above an existing garage.
    1. Detached Unit. A detached accessory dwelling unit, including a unit located above a detached garage, shall not be located within a required front setback and shall be located a minimum of five feet from the interior side and rear property lines, and ten feet from a street side setback.
    1. Distance between structures. A detached accessory dwelling shall maintain a minimum of six feet of separation between the primary dwelling and other accessory structures on the site or the minimum distance required by the California Building Code, whichever is greater. An attached or detached accessory dwelling shall be no closer than ten feet to a primary dwelling on an adjacent parcel.

f. Planned Development (PD) District. Within a PD District without specified setbacks for accessory structures in a Policy Statement or Development Plan, an attached or detached accessory dwelling unit, not consisting of a garage conversion and not contained within the existing space of a single-family dwelling or accessory structure, shall maintain the setbacks required in subsections a – e above. Within a PD District with specified setbacks in a Policy Statement or Development Plan, the setbacks shall be as required by the applicable Policy Statement or Development Plan.

  1. Maximum floor area. Accessory dwelling units shall not exceed 840 square feet. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. All floor area within the building envelope shall be identified and square footage for each area provided. For the purposes

of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than 7′ in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage. The increased square

footage of an attached accessory dwelling unit shall not exceed fifty-percent of the existing living area, with a maximum increase of 840 square feet. Living area means the interior habitable area of the dwelling, including basements and attics, but does not

include a garage or any accessory structure.

  1. Height limit. A detached accessory dwelling is limited to a maximum height of fifteen feet. An accessory dwelling located above a detached garage is limited to a maximum height of twenty-five feet. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.
  1. Site coverage. An accessory dwelling unit shall comply with the site coverage requirements of the applicable zoning district.
  1. Architectural compatibility. The design of a detached accessory dwelling unit shall demonstrate an architectural relationship to the primary residence on the site. The architectural relationship may be demonstrated through the use of the same roof pitch, architectural style, colors, materials, window and door fenestration, or similar methods. An accessory dwelling unit that is attached to the primary residence and visible from the public right-of-way shall be architecturally compatible with the primary residence, including but not limited to, the architectural design, materials, colors, roof materials and pitch, and windows and doors.
  1. Privacy. An accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include use of obscured glazing, window placement above eye level, screening treatments, or orienting balconies, windows and doors away from residences on adjacent parcels.
  1. Parking. One off-street, all-weather parking space is required for an accessory dwelling unit in addition to that required for the main dwelling, except as set forth below. The required off-street parking space may be covered or uncovered and shall be permitted in tandem and in setback areas, unless the review authority determines that such parking is not feasible due to specific site topographical or fire and life safety conditions. Ifthe review authority determines that onsite parking is not feasible, on-street parking may be approved by the review authority. No off-street parking shall be required if any of the following circumstances exist:
  • The accessory dwelling is located within one-half mile of public transit.
  • The accessory dwelling unit is located on a property with a Historic Overlay zoning designation.
  • The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
  • When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
  • Where there is a car share vehicle located within one block of the accessory dwelling unit.

To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to public transit or car share vehicle or on a lot with an Historic Overlay zoning designation, or proof of local parking permit requirements.

If a garage, carport or covered parking is demolished in conjunction with the construction of an accessory dwelling unit, replacement spaces may be provided in any configuration on the lot, including as tandem parking or within setbacks.

  1. Access. A passageway that provides access to the unit from a street is not required.
  1. Fire sprinklers. Fire sprinklers shall be required if required for the primary residence.
  1. Connection Fees.
    1. Except as provided in subsection (2), a separate utility connection payment of a connection or capacity charge pursuant to State law and Town fee schedule will be required for any new accessory dwelling unit.
    1. No new or separate utility connection will be required for accessory dwelling units that are internal conversions of existing space within a single-family residence or a residential accessory structure.

  1. Accessory dwelling unit and junior accessory dwelling unit. One accessory dwelling unit and one junior accessory dwelling unit are permitted per parcel, when in compliance with the requirements of this Code.
  1. Illegal accessory dwelling units. This Section shall not validate any existing illegal accessory dwelling unit. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.

SECTION 6. Article 3 – Section of the Town of Windsor Zoning Ordinance entitled “Site Planning and General Development Standards” is hereby amended as follows:

Section 27.34.185 – Junior Accessory Dwelling Units

Junior accessory dwelling units shall comply with the requirements of this Section, where allowed by Section 27.08.030 -Residential Land Uses and Permit Requirements.

    1. Purpose. The provisions of this Section are intended to set standards, in compliance with Government Code Section 65852.22, for the development of junior accessory dwelling units in order to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in Conditions, Covenants, and Restrictions.

The provisions of this Section also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development.

B. Applicability. Except as otherwise provided by this Section, junior accessory dwelling units shall be ministerially permitted only in compliance with the requirements of this Section and all other requirements of the applicable zoning district in the following residential zoning districts: Estate Residential (ER), Surrounding Residential (SR), Village Residential (VR), Medium Density Residential (MDR), and Planned Development (PD), where not prohibited by a Policy Statement or condition of approval.

  1. Definition. For the purpose of this Section, a “Junior Accessory Dwelling Unit” means a dwelling unit not exceeding 500 square feet in size and contained entirely within an existing legally established single-family structure. A junior accessory dwelling unit shall include an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
  1. Density. As provided by Government Code Section 65852.22 (d) and (e), junior

accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan.

  1. Timing. A junior accessory dwelling unit allowed by this Section must be installed after construction of the single-family dwelling.
  1. General Requirements. A junior accessory dwelling unit:
    1. May be located on any residentially zoned lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwelling.
  1. Is limited to one per parcel.
  2. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.
  3. Requires property owner occupancy of the junior accessory dwelling unit or the remaining portion of the single-family residence.
  1. Permit Requirements. An application for a junior accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially. A building permit shall be required for a junior accessory dwelling unit. A junior accessory dwelling unit shall not be considered a separate or new dwelling for the purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that otherwise may be associated with the provision of those services.
  1. Development Standards. A permit for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards:
    1. Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area.

West Hollywood ADU / Granny Flat Ordinance

http://caladu.org/ordinance/west-hollywood-03-07-2018.pdf

ORDINANCE NO. 18-1021

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD APPROVING AMENDMENTS TO THE WEST HOLLYWOOD ZONING ORDINANCE (TITLE 19) TO PROVIDE FOR ACCESSORY DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES IN CONFORMANCE WITH STATE LAW.

THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Due to recent State legislation, staff has initiated this text amendment to replace the term second unit with accessory dwelling unit” and amend the Zoning Ordinance to provide for accessory dwelling units in the R1, R2, R3, and R4 zones and junior accessory dwelling units in the R1, R2, R3, and R4 zones in conformance with state law.

Section 2. The Zoning Ordinance text amendments are consistent with the goals, policies, and objectives of the General Plan because accessory dwelling units do not exceed the allowable density for the lot upon which they are located as specifically provided in state law and provide another housing opportunity to address the housing crisis in the region. Furthermore, amending the citys existing accessory dwelling unit rules to provide for new provisions of state law does not impede the Citys ability to achieve its general plan goals. Adoption of the ADU ordinance would allow single family homeowners in West Hollywood to provide ari affordable housing option to alleviate the housing shortage in the state and in the City.

Section 3. On December 4, 2017 , the City Council conducted a duly noticed public hearing and accepted and considered all of the public testimony on the issue. Based on input from the Council the ADU Ordinance was revised and on January 16, 2018 , the City Council accepted the revisions and introduced the ordinance for adoption.

Section 4. The City Council does hereby find and declare as follows:

A. In the face of Californias severe housing crisis, Assembly Bills (AB”) 2299 and 2406 , and Senate Bill (SB) 1069 collectively and significantly impact local authority to regulate accessory dwelling units and were drafted to apply a clear standard for the accessory dwelling unit permit review process, regardless of whether a local government has an adopted ordinance or not. Specifically , Government Code section 65852 .150(b) states, [i]t is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other

requirements , are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance .

  1. Signed by the Governor on September 27, 2016, AB 2299 and SB 1069 went into effect on January 1, 2017. Additionally, the Governor signed two accessory dwelling unit trailer bills AB 494 and SB 229. Pursuant to Government Code section 65852.2(a)(1), a local ordinance providing for the creation of accessory dwelling units in single-family and multifamily zones must comply with the provisions of Government Code section

65852.2 , otherwise the ordinance is null and void.

  1. The Citys current provisions regulating accessory dwelling units must be amended in order to conform to state law.

Section 5. Under California Public Resources Code (CPRC) Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the

. Government Code, which is the State Accessory Dwelling Unit law. Therefore , the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the state accessory dwelling unit law.

Section 6. The alphabetical list of land uses in Table 2-2 in Section 19.06.030 of Chapter 19.06 (Residential Zoning Districts) of Article 19-2 (Zoning Districts and Allowable Land Uses) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is amended to amend the land use category for Second Residential units and add a new land use category for Junior Accessory Dwelling Units to read as follows :

19.06.030 Residential Zoning District Land Uses and Permit Requirements.

TABLE 2-2

ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS

P Use Permitted1

MCUP Minor Conditional Use Permit CUP Conditional Use Permit Required Required

RI Rehabilitation Incentives Use Not Allowed

REQUIRED BY Specific Use

Regulations

R1 R3 R4
Accessory Dwelling units p p p p 19.36.31O(A)
Junior Accessory Dwelling Units p1 p1 p1 p1 19.36.310(B)

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Notes:

(1) Zone clearance, administrative permit or development permit may be required; see Chapter 19.42.

Section 7. The category for R3 and R4 in Table 2-3 of Section 19.06.040 of Chapter

19.06 (Residential Zoning District General Development Standards) of Article 19-2 (Zoning Districts and Allowable Land Uses) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is amended to read as follows:

19.06.040 Residential Zoning District General Development Standards TABLE 2-3

RESIDENTIAL ZONING DISTRICT GENERAL DEVELOPMENT STANDARDS

Development Feature Requirement by Zoning District
R3 R4
Residential Density

1 unit for each 1,210 sq. ft. of site area

1 accessory dwelling unit where allowed by Section 19.36.31O(A). No more than one junior accessory dwelling unit per residential lot with an existing single-family dwelling (see Section 19.36.310(8)). Accessory dwelling units and junior accessory dwelling units are only allowed on a property with one single family dwelling.

1 unit for each 872 sq. ft . of site area

1 accessory dwelling unit where allowed by Section 19.36.31O(A). No more than one junior accessory dwelling unit per residential lot with an existing single-family dwelling (see Section 19.36.310(8)). Accessory dwelling units and junior accessory dwelling units are only allowed on a property with one single family dwelling.

Section 8. The category for R1-A, R1-B, R1-C, and R2 in Table 2-4 of Section

19.06.050 of Chapter 19.06 (Residential Zoning Districts) of Article 19-2 (Zoning Districts and Allowable Land Uses) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is amended to read as follows:

19.06.050 Residential Density in R1 and R2 Zones.

TABLE 2-4

MAXIMUM DENSITY IN R1 AND R2 ZONES

Zoning Map Symbol Maximum Number of Dwelling Units Allowed 1
R1-A 1 unit per lot, and 1 accessory dwelling unit where allowed by Section

19.36.31O(A). No more than one junior accessory dwelling unit per

residential lot with an existing single-family dwelling ·(see Section 19.36.310(8)). Accessory dwelling units and junior accessory dwelling units are only allowed on a property with one single family dwelling.

R1-B 2 units per lot of less than 8,499 sq. ft .

3 units per lot between 8,500 and 11,999 sq. ft.

Plus 1 additional unit per lot, for each 3,500 sq. ft . or fraction thereof in excess of 11,999 sq. ft.

1 accessory dwelling unit where allowed by Section 19.36.31O(A). No more than one junior accessory dwelling unit per residential lot with an existing single-family dwelling · (see Section 19.36.310(8)). Accessory dwelling units and junior accessory dwelling units are only allowed on a property with one single family dwelling.

R1-C

1 unit per lot and 1 accessory dwelling unit where allowed by Section 19.36.31O(A). No more than one junior accessory dwelling unit per residential lot with an existing single-family dwelling (see Section 19.36.310(8)). Accessory dwelling units and junior accessory dwelling units are only allowed on a property with one single family dwelling.

R2
  1. units per lot of less than 4 ,000 sq. ft. ;

  2. units per lot between 4,000 sq. ft . and 7,999 sq. ft .; 4 units per lot between 8,000 sq. ft. and 9,999 sq. ft.;

plus 1 additional unit per lot, for each 2,000 sq. ft. or fraction thereof in excess of 9,999 sq. ft.

1 accessory dwelling unit where allowed by Section 19.36.310(A) . No more than one junior accessory dwelling unit per residential lot with an existing single-family dwelling (see Section 19.36.310(8)).

Accessory dwelling units and junior accessory dwelling units are only allowed on a property with one single family dwelling.

Notes:

(1) Density limits may be exceeded to permit legalization of illegal dwelling units in accordance with Section 19.36.270.

Section 9. Subsection (8)(5) of Section 19.28.040 of Chapter 19.28 (Off-Street Parking and Loading Standards) of Article 19-3 (Site Planning and General Development Standards) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is hereby amended to read as follows :

19.28.040 Number of Parking Spaces Required.

  1. Expansion or Remodeling of Structure, or Change in Use.
    1. Additional parking spaces shall not be required for the following.
      1. An accessory dwelling unit which is: (1) located within one half mile of public transit; (2) located within an architecturally and historically significant historic district; (3) part of the existing primary residence or an existing accessory structure; or (4) located within one block of a car share vehicle.

      2. A junior accessory dwelling unit, as defined by the City’s Zoning Ordinance .

Section 10. Subsection (C) of Section 19.28 .040 of Chapter 19.28 (Off-Street Parking and Loading Standards) of Article 19-3 (Site Planning and General Development Standards) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is hereby amended to read as follows:

19.28.040. Number of Parking Spaces Required.

  1. Residential Additions .
    1. One or Two Units. Additions to structures on sites with one or two dwelling units are not required to provide additional parking, provided that no additional units are proposed. For the purposes of parking requirements, accessory dwelling units and junior accessory dwelling units shall not count as an additional unit.

Section 11. The land use category for Second residential units in Table 3-6 of Section

19.28 .040 of Chapter 19.28 (Off-Street Parking and Loading Standards) of Article 19-3 (Site Planning and General Development Standards) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is amended to read as follows:

19.28.040 Number of Parking Spaces Required.

TABLE 3-6

PARKING REQUIREMENTS BY LAND USE

1. RESIDENTIAL LAND USES

Explanatory Notes Follow at the End of the Table] ..

R idential Land Use1 Require. Prking Spaces

·’ f’

·, 1 ””·

Accessory dwelling_units and No parking spaces required. junior accessory dwelling

units

Section 12. Section 19.36.310 of Chapter 19.36 (Standards for Specific Land Uses) of Article 19-3 (Site Planning and General Development Standards) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is amended to read as follows:

      1. Residential Uses Accessory, and Junior Accessory, Dwelling Units.

        1. Accessory Dwelling Units.
          1. Applicability. As provided under state law, an accessory dwelling unit in an existing single-family residence that conforms to this Section 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 designation for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy or program intended to limit residential growth . An accessory dwelling unit may be allowed in the R1, R2, R3, and R4 zoning district specified in Section 19.06.030 (Residential District Land Uses and Permit Requirements) subject to the requirements of this section.

          1. . Applicant Eligibility. Only the owner-occupant of the primary residence located on the residential lot shared by the accessory dwelling unit may apply for a permit under this section.

  1. . Permit Application, Approval Process and Timelines.
    1. The Director, within 120 days of receipt of a complete application for a major zone clearance and building permit for an accessory dwelling unit, shall approve said application when all of the following requirements are met:

      1. The accessory dwelling unit is located in conjunction with an existing or new single-family in residential zone;

      2. There is only one accessory dwelling unit per single-family lot, and the unit is contained within the existing space of either a singlefamily residence or accessory structure;

      3. The accessory dwelling unit has exterior access which is independent from the existing single-family residence or accessory structure; and

      4. The side and rear setbacks are sufficient for fire safety.

For the purposes of this section, a new or separate utility connection directly between the accessory dwelling unit and the utility or a related connection fee or capacity charge shall not be required.

    1. Within 120 days of receipt of a complete application for an accessory dwelling unit which does not meet the criteria in subsection (A)(3)(a) above, the Director shall consider approval of said application ministerially. In order to deny a major zone clearance under this Section, the Director shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

    2. For an accessory dwelling unit which does not meet the criteria in subsection (A)(3)(a) above, the applicant must provide a new or separate utility connection directly between the accessory dwelling unit and the utility and pay required connection fees.

    3. Each applicant for an accessory dwelling unit may be subject to the payment of certain planning and building permit fees to the City prior to the issuance of a permit under this section as established by the City Council.

  1. . Site Requirements. A parcel proposed for an accessory dwelling unit shall be developed with only one existing owner-occupied single-family dwelling.
  2. Design Standards. An accessory dwelling unit shall comply with the following:
    1. The increased floor area of an attached accesory dwelling unit shall not exceed 50 percent of the existing living area of the primary single-family residence, with a maximum increase in floor area of 1,200 square feet. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 feet;

    1. Be architecturally compatible with the main dwelling unit and garage;

    2. Comply with height and setback requirements for the main dwelling and garage, and distances between buildings (Section 19.20.040); and

    3. Contain separate kitchen and bathroom facilities.
    4. Comply with the requirements for detached dwellings, as appropriate, per Section 19.36.

    5. May be allowed in an existing garage converted to an accessory dwelling unit or junior accessory dwelling unit that does not meet current setback requirements provided that the loss of parking is replaced in any lawful configuration on the site.

  1. Rental of Unit. An accessory dwelling unit may be rented. In the event the unit is rented, it shall be rented on a long-term basis, which means that the tenant (1) has entered into a written rental or lease agreement to occupy the unit for at least one year or 2) regardless of the term of occupancy, makes the unit his or her domicile as defined in California Elections Code Section 349(b) . .

  2. Sale of Unit. An accessory dwelling unit cannot be sold separately from the sale of the primary residence.

  1. Junior Accessory Dwelling Units.
    1. Junior Accessory Dwelling Units shall comply with the following requirements:

      1. Be constructed within the existing walls of the existing single-family dwelling and require the inclusion of an existing sleeping quarter. A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this section shall be recorded with the County Recorder as set forth in subsection 2.b and 2.c below.

      2. Include a separate entrance from the main entrance to the structure, with an interior entry to the main living area;

      3. Include an efficiency kitchen, which shall include all of the following:
      4. A sink with a maximum waste line diameter of 1.5 inches;
      5. A cooking facility with appliances that do not require electrical service greater than 120 volts; and

      6. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior unit.

    2. Within 120 days of receipt of application for a major zone clearance and building permit, the Community Development Director shall approve an application for a junior accessory dwelling unit if all of the following requirements are met:

      1. No more than one (1) junior accessory dwelling unit per residential lot zoned for single-family residences with a single-family dwelling already built on the lot;

      2. The single-family dwelling in which the junior accessory dwelling unit may be permitted must be owner-occupied. A covenant to this effect shall be recorded with the County Recorder’s Office in a form

acceptable to the City Attorney. Owner-occupancy shall not be required if the owner is another government agency, land trust, or housing organization; and

      1. Both the primary single-family dwelling and the junior unit shall permanently remain under one ownership. A deed restriction shall be recorded with the County Recorder’s Office in a form acceptable to the City Attorney and shall include a prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

Section 13. Chapter 19.42 (Zone Clearances) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is hereby amended to read as follows:

19.42.020 Applicability.

  1. When Required. A zone clearance shall be required as part of department review of any construction permit, change in business tenant, or other authorization required by the Municipal Code for the proposed use. A zone clearance shall also be required to authorize:

    1. A change of use that does not require more parking than the previous use;

    2. An addition to any structure other than a single-family home or duplex, or an addition to any detached accessory structure, that does not exceed 500 square feet, and maintains the same architectural character or theme, as limited by subsection (B);

    3. An addition to the first floor of a single-family home or duplex that does not exceed 500 square feet and maintains the same architectural character or theme, as limited by subsection (B);

    4. An exterior alteration that maintains the same architectural character or theme (see Section 19.44.020, Administrative Permits – Applicability);

    5. An alteration solely for the purpose of increasing access for disabled prsons or to comply with local, state, or federal regulations concerning handicapped accessibility;

    6. Reduction in the number of residential units;
    7. Any detached accessory structure serving a residential use that does not exceed 500 square feet and maintains the same architectural character or theme;

    8. Construction of a fence or any other structure that does not require a building permit or any other item regulated by the Zoning Ordinance;

    9. Solar energy systems, collectors and panels.
    10. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as authorized by 19.36.310.

B. Limitation on Use of Zone Clearance. Only one zone clearance shall be allowed within any three-year time period for an expansion in floor area. The only exception is for expansions or alterations solely for the purpose of increasing

access for disabled persons or to comply with local, state, or federal regulations concerning handicapped accessibility. Any additional expansion within three years shall require a development permit, in compliance with Chapter 19.48. Zone clearances for accessory dwelling units and junior accessory dwelling units shall not be subject to this subsection .

19.42.040 Post-Approval Procedures.

A. Decisions of the Director may be appealed in compliance with Chapter 19.76 (Appeals) . The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply aft.er the issuance of a zone clearance.

  1. Construction Mitigation. Prior to receiving a Building Permit, the applicant shall submit a Minor Construction Mitigation Period Plan on a form provided by the Community Development Department , demonstrating compliance with the applicable construction mitigation .standards in this code.

  2. Deed restriction. Prior to issuance of a certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit, a deed restriction shall be recorded with the County Recorders Office in a form acceptable to the City Attorney and shall include a prohibition on the sale of the accessory dweliing unit or junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers .

Section 14. The alphabetical list of definitions in Section 19.90.020 of Chapter 19.90 (Definitions/Glossary) of Article 19-6 (Definitions) of Title 19 (Zoning Ordinance) of the West Hollywood Municipal Code is hereby amended , to remove the definition of Second Residential Units” and to add the following new definitions: ·

19.90.020 Definitions of Specialized Terms and Phrases.

A. Definitions, A

Accessory Dwelling Unit. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence (single family dwelling unit) is situated. An accessory dwelling unit also includes: (1) an efficiency unit, as defined in section 17958.1 of the Health and Safety Code; or (2) an efficiency unit, as defined in section 18007 of the Health and Safety Code.

C. Definitions, C

Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service.

E. Definitions, E

“Existing space” means an allowable space that can be converted to an accessory dwelling unit within the four walls and roofline of any structure existing on or after January 1, 2017, that can be made safely habitable under the City’s building codes at the determination of the Citys building official.

J. Definitions, J

Junior accessory dwelling unif’ means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure and may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of providing service for water, sewer, or power, or for fire or life protection, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

L. Definitions, L

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

0. Definitions, 0

Owner-occupant. A resident of a property who is also the owner of that property.

P. Definitions, P

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Primary residence” means a structure that contains the primary dwelling on the lot.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting held this 5th day of February, 2018 by the following vote:

AYES: Councilmember:

D’Amico, Horvath, Meister, Mayor Tempore Duran, and Mayor Heilman.

Pro

NOES: ABSENT: ABSTAIN:

Councilmember: Councilmember: Councilmember:

None. None. None.

ATIEST:

West Covina ADU / Granny Flat Ordinance

http://caladu.org/ordinance/west-covina-03-14-2018.pdf

0 R D I N A N C E N 0 . 2 3 1 6

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 17-01, RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND DWELLING UNITS)

WHEREAS, on the 24th day of January, 2017, the Planning Commission initiated a code amendment to evaluate standards relating to accessory dwelling units and requirements established by the state legislature; and

WHEREAS, the Planning Commission held a study session on the 28tl’ day of February, 2017; and

WHEREAS, the Planning Commission, upon giving required notice, did on the 28th day of March, 2017, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 17-5860, recommending to the City Council approval of Code Amendment No. 17-01; and

WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 18th day of April, 2017; and

WHEREAS, studies and investigations made by the Planning Commission and on its behalf reveal the following facts:

  1. The Municipal Code currently includes standards for accessory dwelling units (second units) and accessory living quarters in the City of West Covina.
  1. The California State Legislature passed two bills in 2016 that took effect on January 1, 2017, regulating how cities can address second units: Senate Bill 1069 and Assembly Bill 2299. The bills render any city’s second unit standards null and void if they conflict with the new standards.

  1. The Planning Commission discussed the concept of allowing Junior Accessory Dwelling Units (JADU’s) at their study session on February 28, 2017 and determined that it was not appropriate to adopt such standards at this time.

  1. The proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment because there are only a limited number of accessory dwelling units that will be constructed in the city, and the revisions

established by this ordinance will not have significant impacts on neighbors, community aesthetics, noise, or any other significant environmental impact.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth herein in full.

SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 17-01 is hereby found to be consistent with the West Covina General Plan and the implementation thereof and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 17-01.

SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 17-01 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit “A.”

SECTION NO. 4: The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted or published as required by law and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED on this 2nd day of May, 2017.

ATTEST:

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

City Clerk

I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at

a regular meeting of the City Council on the l 81

day of April, 2017. That thereafter said

Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2″d day of May, 2017, by the following vote:

AYES: NOES: ABSENT:

Johnson, Spence, Toma, Wu, Warshaw None

None

ABSTAIN: None

City Clerk

EXHIBIT A

Chapter 26 Zoning Article II Definitions

SECTION 1. Section 26-63 of Article II of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

Sec. 26-63. – Definitions.

Accessory building or structure. A part or the whole of a building or structure, the use of which is subordinate and incidental to the main use and/or structure. Where fifty (50) percent or more of the wall of an accessory building or structure constitutes a common wall with the main building, or where less than fifty (50) percent of the wall of the accessory building or structure constitutes a common wall with the main building but in which wall there is contained an opening that permits direct pedestrian passage from one to the other, then such an accessory building or structure shall be considered a part of the main building.

Accessory li<ing habitable quarters. A permanently constructed living habitable quarters, separate from the primary residence, and having no kitchen facilities, which is clearly subordinate or incidental to the primary residence on the same lot. The accessory living habitable quarters may include only a sleeping area, living area, and bathroom within an attached or detached accessory structure and for use by guests or occupants of the primary residence. The accessory living habitable quarters shall not be separately rented, leased or let (by direct or indirect compensation) or otherwise occupied separately from the primary residence.

Accessory use. A use of the land or building which is clearly incidental and subordinate to the principal use of the land or building (but which does not alter the main use), both of which uses are located on the same lot and/or within the same building.

Article VIII Residential Agricultural Zone/Single Family Zone Division 1 Generally

SECTION 2. Subsection (2) of Section 26-391 of Article VIII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

    1. Accessory buildings.
      1. Accessory living habitable quarters as allowed per section 26-391.5.
      2. 8eeond Accessory dwelling units as allowed per article XII, division 11.
      3. Nonhabitable accessory buildings or structures, including, but not limited to the following:
        1. Garages;
        2. Carports;
        1. Workshops;
        2. Storage rooms or sheds;
        3. Detached patio covers;
        4. Pool bathroom or detached bathroom.

SECTION 3. Section 26-391.5 of Article VIII, Division 1 of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

Sec. 26-391.5. – Accessory buildings, habitable.

Purpose. The following regulations apply to habitable accessory buildings.

  1. Accessory lMng habitable quarters as defined in section 26-63. These structures are regulated by the underlying development standards of the particular zone and area district in addition to the specific regulations contained in this section. An accessory lWffig habitable quarters may only be located on lots with a primary residence and may be attached or detached. One (1) such accessory use is permitted per lot and is allowed to be constructed above a garage except when said garage is located in the rear yard as per section 26-407. The placement of windows on second story accessory lWffig habitable quarters shall be sensitive to the privacy of adjacent property owners. The following regulations are established:

    1. Size. An accessory lWffig habitable quarters shall be a maximum size of six hundred forty (640) square feet.

    1. Review process. An administrative use permit shall be obtained prior to the issuance of building permits to construct an accessory lWffig habitable quarters as specified in article VI, division 5 ofthis chapter.

    1. Deed restriction. The property owner shall be required to record a deed restriction limiting the use of the accessory lWffig habitable quarters as stated in section 26-63 of the West Covina Municipal Code, allowing an annual inspection by city staff, and providing the property owner shall be liable for cost recovery of any city enforcement efforts necessary, as stated in section 2-408, if the accessory lWffig habitable quarters has been illegally modified. Said deed restriction shall be provided to the planning department prior to the issuance of a building permit.

    1. Interpretation. Whenever any expansion or alteration to a building, garage or accessory lWffig habitable quarters is designed with multiple hallway entrances, multiple toilet and bath facilities or bar sink installations, so that it can be easily divided into or used for separate apartments or accessory lWffig habitable quarters, then the planning director may determine that it is an accessory lWffig habitable quarters.

    1. Parking requirement. One (1) covered parking space shall be required for the accessory lWffig habitable quarters, in addition to parking requirements for the

primary house. In addition, accessory living habitable quarters shall count toward parking requirements specified in section 26-402.

    1. Distance between structures. The distance between the house and a detached accessory living habitable quarters shall be no less than twenty-five (25) feet.

    1. Rear setback. An accessory living habitable quarters shall comply with the required twenty-five-foot rear setback as specified in section 26-407.

    1. Windows on side property lines. Windows on accessory living habitable quarters are only allowed when the structure is located a minimum of ten (10) feet from a side property line, per Subcommittee review and approval.

I. Architectural compatibility. The architectural style of the accessory habitable quarters gtiest house in design features, such as but not limited to, materials, colors, roofing, scale, exterior treatment and details shall match the primary residence.

J. Floor plan. The accessory habitable quarters guest house shall be limited to bedroom sleeping area, living area and one (1) bathroom.

k. Location. Accessory living habitable quarters may only be located behind the primary residence and shall not be located within the area between the front property line and a line parallel to the back of the primary residence.

Accessory living habitable quarters (previously called guest houses) in existence prior to August 1, 2014 that became legally nonconforming due to the adoption of this section may continue in existence and continue to be maintained and repaired. If such a legal nonconforming accessory living habitable quarters is pmtially or wholly destroyed by fire, explosion, or other casualty or act of God, it may be rebuilt to the same size, location and configuration as it existed on August 1, 2014. Any accessory living habitable quarters that is rebuilt shall comply with the window standards (no. 8) and architectural compatibility (no. 9) of this section, and shall be reviewed by the subcommittee prior to the issuance of a building permit. The intentional destruction or any addition to, or expansion of, such structures, however, shall cause the requirements of this section to apply to the renovation or reconstruction of such structure.

SECTION 4. Section 26-401.5 of Article VIII, Division 2 of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

Sec. 26-401.5. – Maximum unit size.

  1. The maximum size of units in developmental areas shall be governed by the following table:

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

in Sq. Ft.)

All lots within Area District-IA only 0.50 FAR for first 5,000 sq. ft. of lot area
0.35 FAR for remaining lot area in excess of 5,000 sq. ft.
Under 20,000

I

.35 FAR or 3,999, whichever is less

I

20,000-24,999

4,000

25,000-29,999

5,000

30,000-34,999

6,000

35,000-39,999

I

7,000

40,000+

I

8,000

I

As these figures reflect the maximum allowable unit sizes, they shall not be regarded as an automatic right. Each proposal shall be reviewed on a case by case basis and requires approval of the planning director subject to the following findings:

    1. The lot and proposed development is consistent with the general plan, zoning, and meets all other applicable code requirements.

    2. The development utilizes building materials, color schemes and a roof style which blend with the existing structure, if any, and results in a development which is harmonious in scale and mass with the surrounding residences.

    3. The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles.

    4. The development can be adequately served by existing or required infrastructure and services.

    5. The design of the structure has given consideration to the privacy of surrounding properties through the usage and placement of windows and doors, cantilevers, decks, balconies, minimal retaining walls, trees and other buffering landscaping materials.

    6. The development is sensitive to the natural terrain, minimizes necessary grading, de­ emphasizes vertical massing which could disrupt the profile of a natural slope, and does not impede any scenic vistas or views open to the public or surrounding properties.

The decision of the planning director is appealable to the planning commission subject to the procedures outlined in section 26-212.

  1. Detached accessory structures shall not be included in the above maximum unit size figures. A large expansion to the main building (as defined in section 26-296. llOO(a)) shall be subject to the approval of an administrative use permit pursuant to the procedures outlined in section 26-296.1200.

  2. The above maximum unit sizes may be increased by up to twenty-five (25) percent subject to the approval of an administrative use permit pursuant to the procedures outlined in section 26-296.1200. Attached accessory structures, including but not limited to guest heuse accessory habitable quarters, seeend accessory dwelling units, and garages, shall be included in the twenty-five (25) percent figure.

  3. An expansion of the above maximum unit sizes by more than twenty-five (25) percent may be granted subject to the approval of a conditional use permit (CUP) by the planning commission pursuant to the procedures outlined in sections 26-246 and 26-685.2000.

  4. Any new second-story addition, or second-story addition to an existing two-story house shall be subject to the approval of an administrative use permit pursuant to the procedures outlined in Article VI, Division 5 of this Chapter 26, commencing at section 26-270 and to findings outlined in section 26-296.1300.

  5. Section 26-401.5(a) through (d) shall not apply to residential development within a specific plan zone nor residential development which utilizes the density transfer provisions in section 26-703.

Article XII Special Regulations for Unique Uses Division 11 Seeoml Accessory Dwelling Units

SECTION 5. Section 26-685.30 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

Sec. 26-685.30. – Purpose.

The purpose of this division is to meet the need for new housing as declared by the state by reducing the barriers to the provision of affordable housing with the creation of second dwelling units on existing single-family lots.

SECTION 6. Section 26-685.32 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

Sec. 26-685.32. – Definitions.

Owner-occupant means or is that person, or persons, who demonstrates, to the satisfaction of the planning director, a fee-ownership interest in the subject property and, in addition thereto, resides in the existing single-family dwelling upon said property and is the applicant for a second unit.

Primary unit, hereafter referred to as “primary unit,” means or is an existing or proposed to be built, dwelling unit that conforms to all regulations of this Code relating to section 26-39l(a) prior to the addition of a second dwelling unit.

Secend unit Accessor y dwelling unit means or is a dwelling unit detached from, or attached to, a primary unit on a lot zoned for single-family residence. Such units do not affect the density designation of any specific or general plan.

Secend unit Accessor y dwelling unit lot means or is a lot containing a primary unit and a second unit, legally established in a single-family zone.

(Ord. No. 1606, § 1, 9-26-83; Ord. No. 2140, § 3, 7-19-05; Ord. No. 2271, § 3(Exh. A), 3-3-15)

SECTION 7. Section 26-685.34 of Article XII of Chapter 26 of the West Covina Municipal Code, Notices, is amended to read as follows:

Sec. 26-685.34. – Development standards.

  1. An seeond unit accessory dwelling unit may be constructed or established only on a lot containing a primary unit located in a single-family residential zone.
  1. An seeond unit accessory dwelling unit shall have adequate water supply and sewer service.
  1. An seeond unit accessor y dwelling unit review shall be obtained prior to the issuance of building permits for a an seeond unit accessory dwelling unit.
  1. Only an owner-occupant of a primary unit shall be eligible to file an application for arr seeond unit accessory dwelling unit on the lot of the primary unit in which he or she resides.
  1. The development standards of the R-1 zone and the area district in which the seeond unit accessor y dwelling unit is located shall apply (as specified in article VIII, division 2 of this chapter) unless this division specifically permits or prohibits otherwise.

(f) A seeond lHlit An accessory dwelling unit shall include permanent provisions for living, sleeping, cooking and sanitation.

  1. Specific development standards:
    1. Minimum site sizes for seeond unit accessor y dwelling unit lots shall be:

Area District

Site Size (sq. ft.)

IA

I

12,000

I

13,500

II/IIA

I

15,450

I

III

20,400

IV

26,000

v

46,000

  1. The lot shall contain a primary unit conforming to all regulations of the single-family zone.

  1. A sesond unit An accessory dwelling unit shall have a minimum ffivelling area of five ffirndred (500) square feet comply with the minimum unit size requirements of the California Building Standards Code.

  1. A detached second accessory dwelling unit shall be in a structure that is a single story with a maximum dwelling area of sill hundred forty (640) eight hundred (800) square feet and limited to two bedrooms and limited to one Bedroom.

  1. A sesond lfilit An accessory dwelling unit that is attached to the existing primary unit shall be limited to a maximum exterior expansion of thirty (30) fifty (50) percent of the dwelling area of the primary unit up to a maximum of eight hundred (800) square sffi hundred forty (640) feet.

  1. A-sesond unit In general, in addition to the parking required for the primary dwelling unit (Section 26-402), an accessory dwelling unit shall require one (!) CO\’ered accessible off-street parking space (covered or uncovered) per bedroom. The planning direstor may require that the covered parking spase Be enclosed on three (3) sides and roofed, if readily visilile from the street. Garages and sarports shall have a minimum slear length of twenty (20) feet and a width of ten (IO) feet for eaeh required spase Between columns or walls. (2) Parking spaces for accessory dwelling units shall be a minimum eight (8) feet by sixteen (16) feet. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport for the primary dwelling unit, except as modified in section 26-402.5. These parking requirements are in addition to the required parking for moin ffivelling units as required in sestion 26

492. Said parking may be located in an existing driveway, in a required setback, or as a tandem

Walnut Creek ADU / Granny Flat Ordinance

http://caladu.org/ordinance/walnut-creek-11-14-2017.pdf

CITY OF WALNUT CREEK ORDINANCE NO. 2173

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WALNUT CREEK AMENDING TITLE 10 (PLANNING AND ZONING) OF THE MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2

This ordinance amends Chapter 2 (Zoning) of Title 10 (Planning And Zoning) of the Municipal Code to revise existing regulations pertaining to accessory dwelling units.

THE CITY COUNCIL OF THE CITY OF WALNUT CREEK, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

  1. A severe housing crisis exists in the state with the demand for housing outstripping supply.
  1. Accessory dwelling units (ADUs) provide housing opportunities in a manner that can be largely compatible with existing neighborhood development.
  1. On September 27, 2016, the Governor of the State of California signed into law a pair of bills which are intended to increase the state’s supply of affordable housing by facilitating the construction of ADUs (California Assembly Bill 2299 and California Senate Bill 1069). The new state law amends California Government Code Section 65852.2 and, among other limitations on local authority, requires cities, counties, and utility districts to further relax their regulation of ADUs by facilitating the conversion of existing buildings into ADUs without regard to setbacks; reducing, and in some cases removing altogether, the parking requirements for ADUs; and generally prohibiting the requirement for a separate utilizy connection for the ADU, or imposing a related connection fee or capacity charge.

  1. On January 1, 2017, amendments to the California Government Code Section 65852.2 became effective.

  1. On March 15, 2017, the Walnut Creek Design Review Commission held a study session to review design standards contained within the proposed Zoning Ordinance amendment. Feedback was provided and the commission recommended that the Planning Commission review the proposed regulations in its entirety.

  1. On May 25, 2017, the Walnut Creek Planning Commission held a study session to consider various policies to be included within the proposed Zoning Ordinance amendment.

  1. On June 10, 2017, a public hearing notice was posted for the proposed zoning ordinance amendment in the Contra Costa Times, a newspaper of general circulation.

  1. On June 22, 2017, Walnut Creek Planning Commission held a public hearing and heard public comment with respect to its consideration of the Zoning Ordinance amendment.

  1. On August 1, 2017, the Walnut Creek City Council held a public hearing and heard public comment with respect to its consideration of the Zoning Ordinance Amendment.

10. The primary purpose of the proposed amendment is to increase the supply of housing units by encouraging construction of accessory dwelling units.

· 1

Section 2. CEQA Exemption. I

The City Council finds that the adoption of this proposed Zoning Ordinance Amendment is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Secti0:u. 15282(h) of the CEQA Guidelines (the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.l and

65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code). Section 3. Repealing Urgency Ordinances.

Ordinance Number 2162 and Ordinance Number 2166 are hereby repealed. Section 4. Adding Definitions.

Section 10-2.l.303(A) of the Walnut Creek Municipal Code is hereby amended to add the following definitions. Each of the following definitions shall be added alphabetically to Section 10-2.l .303(A) and the City Clerk is hereby authorized and directed to renumber the entire amended Section sequentially.

Car Share Vehicle Station: A site or a portion of a site used for the purpose of storing motor vehicles, where the motor vehicle is operated as part of a regional fleet by a public agency, or private car sharing company or organization, that provides hourly and daily rental service.

Pass Door: A pedestrian access door. Section 5. Amending Parking Regulations.

Rows A(7) of Table A contained in Section 10-2.3.206 of the Walnut Creek Municipal Code is hereby amended to read as follows:

Article 2. Off-Street Parking and Loading Regulations

LAND USE CLASSIFICATION OFF STREET PARKING REQUIREMENTS NOTES LOADING
SPACES
REQUIRED
(SEE TABLE B)

r I

1J

7. Accessory Dwelling Unit

One space more than required for Single Family Residential (uncovered). Notwithstanding the foregoing, no additional parking is required in any of the following situations:

I. The Accessory Dwelling Unit is contained entirely within the footprint of an existing building.

2. The Accessory Dwelling Unit is located on a parcel which is within Yi mile from the closest point of the Walnut Creek or Pleasant Hill BART station property; or within Yi mile from a public bus stop served at least six hours each weekday by a route with headways no longer than 20 minutes between arrival times. This distance shall be measured along street frontages using the most reasonably direct, legally permissible path . The determination of which developments meet this requirement shall rest

.., with the City’s Transportation Planning Manager.

.). The Accessory Dwelling Unit is located within one

block of a car share vehicle station.

(6)

Section 6. Amending Accessory Dwelling Unit Regulations.

Title 10, Chapter 2, Part 3, Article 5 of the Walnut Creek Municipal Code (Section 10-2.3.501) is hereby amended and restated to read as follows:

Article 5. Accessory Dwelling Units

Sec. 10-2.3.501. Purpose.

Consistent with Title 7, Division 1, Chapter 4 of the California Code of Regulations and section

  1. of the California Government Code, the purpose of this article is to allow accessory dwelling units on single family properties in all single family residential and multiple family residential zones. The provisions of this article are intended to promote the development of small rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes, and for persons who are elderly or disabled. The requirements of this article are intended to protect the integrity and character of single family neighborhoods by ensuring that accessory dwelling units are architecturally compatible with the principle structure and neighborhood.

Sec. 10-2.3.502. Applicability.

The provisions of this article shall apply to any parcels of land located in the Single Family Residential Districts (R), single family residential areas zoned Planned Development (P-D, SFH-PD I ), Hillside Planned Development Districts (H-P-D), Duplex Residential District (D-3) and Multiple Family Residential Districts (M, PD), in any of the following three situations:

    1. An accessory dwelling unit is constructed on a parcel with an existing single-family residential dwelling;
  1. A new single-family residential dwelling is constructed on a parcel with an existing single- · family residential dwelling which conforms to the property development standards contained in Section 10-2.3.503; or
  1. A new single-family residential dwelling and accessory dwelling unit are constructed at the same time on a vacant parcel.

Sec. I 0-2.3.503. Property Development Standards.

The following property development standards shall apply to all land and structures in the zones which permit accessory dwelling units:

    1. Zoning Requirements. All yards, building height, distance between buildings, and lot coverage standards of the zone in which the property proposed for conversion is located shall apply, except as otherwise specified in this Article. In P-D and H-P-Dl zones where no standards are specified, and where additional building is allowed, the Planning Manager shall apply development standards based on the district that most closely matches existing development in regards to lot size.

Notwithstanding the foregoing, no yards are required for an existing building when it is converted to an accessory dwelling unit, however the accessory dwelling unit must still comply with all applicable provisions of Title 9 of this Code (Building Regulations).

    1. Size. The maximum gross floor area for an accessory dwelling unit shall be based on net lot area as follows:
Net Lot Area: Maximum Gross Floor Area:
7,999 or less square feet 700 square feet
8,000 to 9,999 square feet 750 square feet
10,000 to 11,999 square feet 800 square feet
12,000 to 14,999 square feet 850 square feet
15,000 to 19,999 square feet 900 square feet
20,000 square feet or l!l’eater 950 square feet

Furthermore, accessory dwelling units attached to the main building shall not exceed 50 percent of the gross floor area of the main building.

  1. Design. The accessory dwelling unit shall be designed to be architecturally consistent with the main building, including building form, exterior siding and/or trim, roof form and materials, and window placement/type. Any new entrances to an attached accessory dwelling unit shall be located on the side or in the rear of the building.
  1. Additional Design Standardsfor Garage Conversions. In cases where an accessory dwelling unit is created through the conversion of an existing private garage, the garage conversion shall be architecturally consistent with the main building through one of the following options:
    1. The garage door is left operational to provide access to a storage space that is separated from the accessory dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The

installation of new window openings or pass doors not integral to the original design of the garage door is prohibited.

    1. The garage door is removed entirely and replaced with fenestration elements of the existing dwelling designed to be architecturally consistent with the principle structure, including form, exterior siding and/or trim and window placement/type. A landscaped area shall be installed to provide a minimum of three (3) feet of separation between the driveway and the former garage door. This landscaped area may be reduced to a depth as little as one (1) foot if needed to maintain a minimum driveway length of eighteen (18) feet, as measured from the street line. This option may not be used when the existing driveway is less than nineteen (19) feet in length, as measured from the street line.
  1. Off-Street Parking. See Part III, Article 2. Offstreet Parking and Loading Regulations.
  1. Limitations for Alf Accessory Dwelling Units. The following limitations shall apply to both conversion of existing structures and to construction of new structures.
    1. On any one parcel of land, no more than one accessory dwelling unit shall be allowed.
    1. Ifthe addition of the accessory dwelling unit requires Design Review pursuant to Section 10-2.3.401 or Section 10-2.4.1203, then the Building Permit shall not be approved unless the accessory dwelling unit is located entirely within the footprint of an existing building.

Additional Limitations for Newly Constructed Accessory Dwelling Units. The following limitations shall apply only to the construction of new structures or the construction of additions to existing structures.

    1. Height. Accessory dwelling units attached to the main unit or in the same building as the main unit shall comply with the height limit of the main unit. Accessory dwelling units located in a building detached from the main unit shall comply with the following:
      1. Unless located over an accessory structure or detached garage, accessory dwelling units shall be limited to one-story with a maximum height of eighteen feet to the highest part of the structure.

      1. Accessory dwelling units located in a second story above an accessory structure other than a detached garage shall comply with the height limit of the main unit, providing the second story is setback a minimum of 10 feet from the side property line and complies with the rear yard setback of the zoning district.

Accessory dwelling units located in a second story above a detached garage shall comply with the height limit of the main unit, providing the second story is setback a minimum of 5 feet from the side and rear property line, or that which is required for a single family dwelling, whichever is less.

    1. Location. Except as otherwise specified in this Article, accessory dwelling units shall comply with the yard and setback standards applicable to the main building.

Section 7. Effective Date.

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective on the 31st day after its adoption.

PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 19th day of September, 2017 by the following called vote:

AYES: Councilmembers: Wilk, Silva, Haskew, Wedel, Mayor Carlston
NOES: Councilmembers: None
ABSENT: Councilmembers: None

Attest:

Richard G. Carlston

Mayor of the City of Walnut Creek

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I HEREBY CERTIFY the foregoing to be a true and correct copy of Ordinance No. 2173 duly passed and adopted by the City Council of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 19th day of September, 2017.

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