Artesia ADU / Granny Flat Ordinance

http://caladu.org/ordinance/artesia-03-26-2018.pdf

ORDINANCE NO. 17-841

AN ORDINANCE OF THE CITY OF ARTESIA, CALIFORNIA, AMENDING THE REGULATION OF SECOND DWELLING UNITS (ACCESSORY DWELLING UNITS), AMENDING THE ARTESIA MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA

THE CITY COUNCIL OF THE GITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Purpose.

  1. The State Legislature has identified the availability of housing as a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities across the State of California.

  2. The Legislature recently amended Government Code Section 65852.2 to update requirements for local regulations related to second dwelling units, also referred to as “accessory dwelling units” in State law.

  3. The City’s Municipal Code already provides for the establishment of second dwelling units. Under the City’s existing Zoning Code, second dwelling units are allowed in the R-1 zoning district, as well as certain areas of the A-1 zoning district. As such, the City already has designated areas in the City where second dwelling units are permitted.

  1. In order to comply with the requirements of revised Government Code Section 65852.2, this Ordinance updates the City’s existing regulations regarding second dwelling units and amends the Municipal Code (“Code Amendment”).

  2. On December 20, 2016, the Planning Commission conducted a duly noticed public hearing to consider the proposed Code Amendment. Notices of the time, place, and purpose of the public hearing were duly provided in accordance with State law. Following public testimony, the Planning Commission closed the hearing and adopted Resolution No. 2016-28P, recommending that the City Council approve the proposed Code Amendment.

  1. On January 11, 2017, the City Council conducted a duly noticed public hearing to consider the proposed Code Amendment. Notices of the time, place, and purpose of the public hearing were duly provided in accordance with State law. Following public testimony, the City Council closed the hearing on that date.

Section 2. City staff has determined that the proposed Code Amendment (the “Project”) is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s CEOA Guidelines, pursuant to Public Resources Code Section 21080.17, which provides that the adoption of an ordinance to implement Government Code Section 65852.2 is statutorily exempt from CEQA. The City Council has reviewed staff’s determinations of exemption from CEQA and, based on its own independent judgment, concurs with staff’s determination.

Section 3. The City Council hereby finds that the proposed Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030: (a) Community Goal LU 1 of the Land Use Sub-Element, which seeks to achieve a well planned community with sufficient land uses and intensities to meet the needs of anticipated growth and achieve the community’s vision; and (b) Goal HE 1 of the Housing Sub-Element, which seeks to provide affordable, decent, safe and sanitary housing of all types and costs, regardless of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability.

Section 4. Subsection (d) (Second Dwelling Unit) of Section 9-2.420 (“S” Words and Phrases) of Article 4 (Definitions) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning) of the Artesia Municipal Code is hereby amended to read as follows:

(d) Second dwelling unit shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons. A second dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation in a single dwelling unit, and shall be located on the same parcel where the single-family dwelling is situated. A second dwelling unit also includes the following: (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. Second dwelling unit shall have the same meaning as the term “accessory dwelling unit,” as that term is used in Government Code Section 65852.2.”

Section S. Subsection (I) (Second Dwelling Units) of Section 9-2.2803 (Accessory Uses Permitted (R-1)) of Article 28 (Single-Family Residential Zone (R-1)) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning) of the Artesia Municipa! Code is hereby amended to read as follows:

(f) Second Dwelling Units. Any application for a second dwelling unit that meets the follOwing requirements and development standards shall be approved ministerially, without discretionary review or a public hearing, within one hundred twenty (120) days after the City’s receipt of a complete application. Where the provisions of this subsection conflict with any other provisions of the Artesia Municipal Code, the provisions set forth in this subsection shall apply.

  1. Location. The lot or parcel on which the second dwelling unit is proposed to be constructed contains not more than one (1) existing single-family dwelling unit. A second dwelling unit shall be either: a) attached to the existing dwelling or located within the living area of the existing dwelling; or b) detached from the existing dwelling and located on the same lot as the e›¢isting dwelling. For the purpose of this section, the term “living area” shall mean the interior habitable area of a dwelling unit including basements and attics. If detached from the existing dwelling unit, the second dwelling unit shall be located to the rear of the primary residential structure.

  2. Lot Area. The lot or parcel on which the second dwelling unit is proposed to be constructed shall be a minimum o1 ten thousand (10,000) square feet of lot area.

  3. Density and Use. The existence of a second dwelling unit shall not cause a lot to exceed the allowable density for the lot upon which the second dwelling unit is located. A second dwelling unit shall be considered a residential use consistent with the existing general plan and zoning designation for the lot.

  4. Unit Size. The second dwelling unit shall not be less than one hundred fifty (150) square feet in size or not less than the minimum size for an efficiency unit, as defined in California Health and Safety Code Section 17958.1, whichever is greater, and shall not exceed six hundred forty (640) square feet in size.

  5. Lot Coverage. The primary residential structure and the second

dwelling unit shall not exceed a total structural lot coverage of fifty (50%) percent.

  1. Height. The second dwelling unit shall not be located on the second floor of an attached or detached garage, carport or other accessory structure unless the primary residential structure is two (2) stories in height and provided the height of the structure that includes the second dwelling unit does not exceed the height of the primary residential structure, pursuant to Section 9- 2.2805(e) of this article.

  2. Setbacks. Except as otherwise stated herein, the setbacks applicable to the primary residential structure shall apply to the second dwelling unit. Detached second dwelling units shall be located at least twenty (20) feet from the primary residential structure. A newly constructed second dwelling unit that is located above a garage shall be located at least five (5) feet from the side and rear lot lines. An existing garage that is converted to a second dwelling unit shall not be required to have any setback, other than the setback that may be required by the Building Code of the City of Artesia for fire and safety purpoaea.

  3. Passageways. No passageway shall be required in conjunction with the construction of a second dwelling unit. For the purpose of this section, the term “passageway” shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the second dwelling unit.

  4. Number per Lot. A maximum of one (1) second dwelling unit shall be permitted on any lot.

  5. Entrance. Only one (1) common front entrance to the structure shall be permitted if the second dwelling unit is proposed to be located within or as part of the primary residential unit. A separate entrance shall be provided for a detached second dwelling unit, which entrance shall not be visible from the front of the primary residential structure or the street.

  6. Off-Street Parking. Not less than one (1) off-street parking space shall be provided on the subject lot or parcel per bedroom of the second dwelling unit. tandem parking spaces on an existing driveway may be used to satisfy this parking requirement. Notwithstanding the parking standard stated in this section, no parking spaces shal! be required for a second dwelling unit that is: a) located within one-half mile of public transit; b) located within an architecturally and historically significant district; c) part of the existing primary residence or an existing accessory structure; d) located in an area requiring on-street parking permits and such permits are required but not offered to the ADU occupant; or e) located within one block of a car share vehicle. When a garage, carport, or covered parking structure is demolished to allow the construction of a second dwelling unit, the parking spaces required to replace the demolished spaces may be located in any configuration on the lot.

1.2) Applicability of Other Requirements. The second dwelling unit shall comply with all other applicable standards for the zone in which the second dwelling unit is proposed to be located, to the extent not in conflict with these criteria. In addition, the second dwelling unit shall comply with all loca! building requirements that apply to detached dwellings, except as otherwise amended by this section.

  1. Fire Sprinklers. Second dwelling units shall not be required to provide fire sprinklers, unless they are required for the primary residence.

  2. Architectural Compatibility. The second dwelling unit shall incorporate the same or similar building materials, roofing, colors, surface treatments and other architectural features as the primary residential structure. This shall include, without limitation, roof pitches, eaves, fascia boards and windows.

  3. Utility Services. A second dwelling unit may not have utility services separate from those of the primary residential structure. All applicable fees shall apply, as provided by Government Code Section 65B52.2.

1G) Conversions. An application for a building permit to convert existing space in a single-family residence or an existing accessory structure into a second dwelling unit shall be ministerially approved, if the unit complies with all of the following: a) the lot is located within a single-family residential zone; b) the second dwelling unit is contained within the existing space of a single-family residence or accessory structure; c) the second dwelling unit has independent exterior access from the existing residence; and d) the side and rear setbacks are sufficient for fire safety.

  1. Occupancy. The lot or parcel upon which the second dwelling unit is constructed shall be the principal residence of the property owner(s). The owner(s) shall occupy the primary residential structure or the second dwelling unit as their principal residence. The residential unit that does not serve as the owner’s principal residence may be rented, but the term of such rental must be longer than thirty (30) days.

  2. Ownership. A second dwelling unit shall, at all times, be held under the same ownership as the remainder of the lot on which it is located. A second dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary dwelling unit.

  3. Recordation of Covenant. Within sixty (60) days of the approval of an application for a second dwelling unit, the owner of the lot or parcel shall record a covenant, subject to the prior written approval of the City Attorney, which shall place future buyers on notice that either the primary residential structure or the second dwelling unit must be occupied by the owners as their principal residence, that the second dwelling unit may not be sold separately from the remainder of the parcel, that the rented unit shall be rented for a term of longer than thirty (30) days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the Registrar-Recorder’s Office of Los Angeles County. A copy of the covenant shall be filed with the City’s Planning Department.”

Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid by a decision of a court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact than any one or more sections, subsections, sentences, clauses, phrases or potions thereof be declared invalid.

Section 7. The Interim City Clerk shall certify to the adoption of this Ordinance and shall post or publish as required by law.

I, Pradeepkumar Elayath, Interim City Clerk of the Gity of Artesia, do hereby certify that the foregoing Ordinance was introduced and adopted at a Regular Meeting of the City

Council of the City of Artesia held on the 13th day of February, 2017, by the following roll

call vole:

AYES: NOES: ABSENT: ABSTAIN:

COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS:

TAJ, LIMA, CANALES, AND MANALO

NONE FLOWERS NONE

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