Aliso Viejo ADU / Granny Flat Ordinance

http://caladu.org/ordinance/aliso-viejo-12-15-2017.pdf

 

ORDINANCE NO. 2017-192

AN ORDINANCE OF TFIE CITY COUNCIL OF THE CITY .OF ALISO VIEJO, CALIFORNIA AMENDING TITLE 15 OF THE ALISO. VIEJO MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS

WHEREAS, effective January 1, 2017, Assembly Bill 2299 (“AB 2299”) and Senate Bill 1069 (“SB 1069”) amended Government Code Section 65852.2 to further limit the standards that cities may impose on second units (now termed “accessory dwelling unitsg; and

WHEREAS, as amended, Government Code section 65852.2 now requires that the City’s zoning provisions regarding accessory dwelling units, or ADUs, incorporate State- mandated standards for certain types of ADUs; and

WHEREAS, in addition, Government Code section 65852.2 as amended allows the City to establish sertain objestive standards related to parking, height, setback, lot coverage, landscaping, and certain arch”itectural requirements, which must be applied ministerially except where a property owner is seeking an exception to such standards; and

WHEREAS, Government Code section 65852.2 now effectively requires the City to allow housing density to double in certain residential neighborhoods; and

WHEREAS, the City was largely developed at a time when the need for higher residential density was already commonly recognized, and as a result, the City’s single-family dwellings have mostly been developed on (A) smaller-than-normal lots (the average lot size in the City’s lowest-density residential zone (RL) is only 4,700 square feet, which is significantly lower than the average for neighboring communities and Southern California in general) with (B) greater-than-normal lot coverage (as-built lot coverage in the RLzone averages 50 percent, not including decks, patio covers, carports, etc., which is higher than that of most other lots in the region with single-family dwellings); and

WHEREAS, because of the relatively high density of the City’s existing residential neighborhoods, the introduction of new ADUs into the already-small yards and existing tight setbacks raises significant concerns for the public health, safety, and welfare, including, among other things, environmental concerns about noise, aesthetics, parking, traffic, sewer, water, stormwater, air qual”ity, and use and availability of parks and other open-space areas, as well as.concerns about privacy and peaceful enjoyment; and

WHEREAS, in the absence ofa State-compliantADU ordinance, on January 1, 2017, the City’s existing second-unit ordinance became null and void automatically under’ Government Code section 65852.Z(a)(4), and until the City adopts a new ADU ordinance that conforms to the amended statute, the City must approve any ADU that meets the State’s minimal statutory criteria; and

WHEREAS, the City Council held a duly-noticed public hearing on October 18, 2017 to consider the 1irst reading of this ordinance and public testimony and recommendations presented by staff in a staff report and oral presentation.

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