Barstow ADU / Granny Flat Ordinance

http://caladu.org/ordinance/barstow-02-06-2018.pdf

ORDINANCE NO. 953-2017

AN QRDINANCE OF THE Cizv couxClL OF axe or BARSTOW AMENDING Chapter 19.10 (RESIDENTIAL DISTRCTS) OF THE BARSTQW MUNICIPAL CODE

WHEREAS, pursuant tO GDVemment Code 55822 et seq. and 05915 et seq. and Chapter 19.32 of the BarstDw Munldpal Code, the Gity of Barstow has initiated an Ordinance Amendment, In order to comply with Senate Bill 1069, assembly Bills 1934. 2299, 2442, 2501 and 255G, a well a requirement from the Department of Housing and Comment:j Development (HCD); aixl

WHEREAS, under its constitutional police power, the City has the authority to regulate use of land, Including regulation of development sBndards on private property; and

WHEREAS, the City is also subject to mandates by tha 8tate of California in providir\g opportunities to affordable housing as identified in Sanata Bill 1009 and Assembly Bills 1934, 22SS, 2442, 2501 and 2556 as well as requirements Porn the Department of Housing and Community Development, and

WHEREAS, the Planning Commission held a duly noticed public hearing on April 10, 2017 pursuant to California Government Code Sections 65090 and 65353, and Ghapter 10.32 artd 19.40 of the Barstow Municipal Code, at which time all interested parties were provided the opportunity to give testimony In favor of or in o]›}9DsItion to the Issue; and

WHEREAS, the City desires to update its residential district ordinance as follows.

NOW, THEREFORE, the City council of the Ci\y of Barstow does hereby ordain as follows:

faction 1. Code Amendment. Chapter 19.10 of the Municipal Code entiMed, “Residential Districts’, is amended as sat forth in Exhibit ”A”, attached hereto and incorporated by reference herein.

Seci on 2. Catilbmie Environmental Quality Act. This ordinance is nDt a “project“ subject to the California Environmental Quality Act (GEQA). “Project” does not include “general policy and procedure making” or ’[a]rganizatlonaI or administrative activities of governments that will not resutt in direct or indirect physical changes in the environment pursuant to CEOA Ouldelines § 15378(b).

Section 3. Seveat›i/ay. Should any provision of this Ordinance, or its application to any person or circumstance, be datermlned by a court of competent JudsdIction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or cimumstance and, to that end, the provlslons hereof are severable.

Sectlon 4. E//bcfive Dete. This Ordinance shall taka effect thirty days after adoption as provided by Government Code Section 48937.

Section 5. Constmclion. To the extent the provisions of the Barstow Municipal Code as amended by this Ordinance ara substantially the same as tha provisions of that Code as it read prior to the adoption of this ordinance, they shall be read as contlnuatlons of those earlier provisions and not as new enactments.

City CoundlOrdlnanoe No. 953•2017

Bectlan 8. C•ertifioatian. Tha City Oeil‹ shall oa‹tify to tl›e passage and adoption of this Ordinance and st›aa give notl‹a ot Its adoption as ‹equI‹ed by Ian. Pursuant to Goxern«›e»t c‹›de section 38833. a stxrmary of this Oc‹£zzarx›e may be pubtbhed and posted In Iku of publi‹a0on and posting of 0s antiro

I, JaAnna V. Cousino, Cry Cork of the Cgy ot Barstow, CaBfomla, do hereby certify that the foragob›g O«Jktarx›e hlzx 953-2017 was introduced at a regular meeting of the cry council of the Cry of Barstow beld on they 1* despot t 4ey, 201Y, and was adopted at Its regular mee4ng on the 15 day of 9gay, 2017 by the

AYES: CoU«C›L uEMaERS G«CeY. uARPOLE, sILVA MAYOe PRO TBd ›‹eee xoec

MAYOR I4TYRE

NONE

ABSTAINED: I4ONE

2

EXHIBIT A- Ordinance 953-2017

19.10

Residential Districts

Sections:

19. 10.010 Residential lot standards.

19. 10.020 Estate residential.

19. 10.030 Low density residential.

19. 10.040 Single-family residential.

19. 10.050 Medium density residential.

19. 10.060 Reasonable accommodations.

19.10.070 Accessory dwelling units,

19.10.080 Home occupation permits. 19.SD.090 Density bonus.

19.10.100 Transitional and supportive housing

19. 10.010 Residential lot standards.

The residential district lot development standards are intended as a guide to establish the lot size, configuration, setbacks, building heights and, as applicable, lot coverage. These are provided in the following tables:

Zonin ER

£0R

Front/Street

Side Side

2S’, 15’ Street 10’ Side

25’, 15’ Street 10’

Setbacks

Rear 25’

2S’

Garage/ Maximum Maximum Lot Car ort Bld . Hei ht Covera e

25’ Three stories NA

25’ Three stories NA

Side

) SFR

)

10’

) s’

5’

)

z4″

)”T1osto es j

“\5x

)

| MO*

1

15’

) s’

) 5’

1

24″

Four stories l

NA

Notes:

When garage or carport opening faces, or is directed towards, the street.

* Development must meet all setback and parking requirements.

Zonfng

Minimum Lot Standards

Garage/

Carport*

z>t width

Lot Depth

Area of Lot

ER

300’

300’

2 ›t acres

2 Car Garage

LDR

150’

150’

1 acre to 2 Y

BCF£S

2 Car Garage

SFR

50’

90’

4.500 SF

2 Car Garage

Notes:

Quantity of parking required is established by Section 19.06.050.

  1. 2o.020 GR Estate residential.

The ER Estate residential district is intended as a district for very low density residential uses and related activities. This district allows for the orderly growth and development while protecting the natural amenltles unique to the desert.

Permitted uses in the ER district are as follows:

    1. one dwelling unit of a permanent nature on each parcel of land.

  1. Commercial poultry and rabbit raising as well as chinchilla, riutria and hamster ranches, subject to the following site improvements:

    1. Where the ranch abuts a residence, subdivision, or any other residential development on one or more of the side or rear property lines, screening shall be provided on those lines by one of the following methods:

      1. Six-foot solld fence.

      2. Solid rOW DF bows of trees to be maintained in good condition and as approved by the planning commission,

a other screening as approved by the planning commission;

    1. Wastewater shall be disposed of in a manner that w1II meet the requirements of the county health department;

    2. All enclosures for fowl or animals shall be located at least fifty feet from all exterior boundaries of the property including abutting streets.

  1. Farms or ranches for grazing, breeding, raising or training of the following animals, including supplementary feeding; provided that no concentrated feeding is done in conjunction therewith:

    1. Small livestock with the number of goats, sheep and similar animals over six months of age limited to six per acre of total ground area of the farm with loo mDre than one male goat per acre;

    2. Cattle or horses including calves, heifers and colts over six months of age with a maximum number af four animals per acre of total ground area of the farm permitted;

    1. Hogs (not garbage fed) with a maximum uumber of two per acre of total ground area of the farm, the total numler of such animals on any farm or ranch not to exteed five weaned animals;

    2. In computing animal density as specified above, combinations of species, both large and small, will be permitted as long as the maximum number of animals does not exceed six per acre, as set forth above in subdivision 1 of this subsection C or four per acre as set

forth above in subdivision 3 of subsection C or two per acre as set forth in subdivision 3 of this subsection C.

  1. Accessory uses and structures including the following:

    1. Accessory dwelling unit conforming to Sectbn 19.10.060;

    2. Guesthouse;

    3. Greenhouse or lath house;

4, Stable, barn, pen, corral, coop;

  1. Child or day care subject to standards and requirements established under state law;

  2. A home occupation subject to Section 19.10.080;

  3. Other uses similar to the above which the commission determines to be similar.

  1. The following uses shall be permitted when approved by the commission as provided Section 19.30.030:

    1. Dog kennels, dog training schools, animal shelters and dog breeding establishments with outside runs;

    2. Labor camp;

    3. Commercial riding stable or academy;

    4. Dude or guest ranch;

    5. Grange halls, community halls, and similar uses

    6. Other uses whlEh the commission determines to be similar to the above uses.

  2. The keeping of domesticated animals for non-commercial purposes with the maximum number of animals being four weaned dogs and cats, or any combination of weaned dogs and weaned cats; provided that the total number of weaned dogs and weaned cats does not exceed four; small birds; small reptiles; and amphibians enclosed within a cage normally built for such animals.

  1. 10.030 LDR Low density residential.

The PDR Low density residential district is intended as a district for low density residential uses and related activ”ities. This district allows for the orderly growth and deVelopmeht while protecting the natural amenities unique to the desert.

Permitted uses In the LDR district are as follows:

    1. One dwelling unit ofa permanent nature on each parcel of land.

    2. Commercial poultry and rabbit raising as well as chinchilfa, nutria and hamster ranches, subject to the following site improvements:

      1. Whe‹eiheranchabutsaresidence,subdivi&ion,oranyotherie sidentiatdeveTopment on one or more of the side or rear property lines, screening shall be provided on those lines by one of the following methods:

        1. Six-foot solid fence.

        2. Solid row or rows of trees to be maintained In good condition and as apprDved by the

        1. Other screening as approved by the planning commission;

      1. Wastewater shall be disposed of in a manner that will meet the requirements of the county health department;

      2. All enclosures for fowl or animals shall be located at îeast fifty feet from all exterior boundaries ofthe property including abuttlng streets.

    1. Ranchettes for grazing, breeding, raising or training of horses, including supplementary feeding; provided, that no concentration feeding is done in conjunction therewith;

      1. Ranchettes shall have equestrians only including colts over the age ofsix months with a maximum number oftwo horses per acre of total ground area ofthe ranchette permitted.

  1. Accessory uses and structures including the followlng:

    1. Accessory dwelling unit conforming to Section 19.10.060;

    2. Guesthouse;

    3. Greenhouse or lath house;

    4. Stable, barn, pen, corral, coop;

    5. Child or day care subject to the standards and requlrements established under state law;

    6. A home occupation subject to Section 19.10.080;

    7. Other uses slmilar to the above whlch the comrnission determines to be similar.

  1. The following uses shall be permitted when approved by the commlssion as provided in Section tS.30.030:

    1. Commercial riding stable or academy;

    2. Dude or guest ranch;

    3. Grange ha1Is, community halls, and slmilar uses;

    4. other uses which the commission determines to be similar to the above uses.

  2. The keeping of domesticated animale for non-commercial purposes with the maximum number of animale being four weaned dogs and cats, or any combination of weaned d•B* and weaned cats; prouided that the total number of weaned dogs and weaned cats does not exceed four; small birds; small reptiles; and amphibians enclosed within a cage normally built for such animals.

  1. 10.040 SFP Single-family residential.

The SFR -Single-family residential district is Intended as a district of medium density single- family homes. Except as specifically provided elsewhere in this title, any building or premises used or occupied, and every building erected, constructed or established within the SFR district shall be only In accordance with the regulations set forth in this chapter.

In the SFR district, the following uses are permitted:

    1. One detached slngle-family dwelling unit of a permanent nature placed in a permanent location and the accessory structures and uses normally auxiliary to it.

    2. Accessory uses and structures including the following:

      1. Accessory dwelling unit conforming to Section 19.10.060;

      2. Chifd or day care subject to standards and requirements established under state law;

      1. The keeping of domesticated animals for non-commercial purposes witH the maximum number of animals being four weaned dogs and cats, or any combination of weaned dogs and weaned cats; provided that the total number of weaned dogs and weaned cats does not exceed four; small birds (except poultry and game birds), enclosed within a cage inside the dwelling unit; small reptiles; and amphibians enclosed within a cage normally built for such animals.

    1. A home occupation subject to Section 19.10.080.

    2. The follow\ag uses shall be permitted when approved by the commission as provided in Chapter 19.30:

      1. Country clubs and golf courses, excepting miniature courses and similar commercial enterprises;

      2. The offiEe of a physician, dentist, or other person authorized by law to practice medicine or healing used only for consulting and emergency treatment as an adjunct to a principal office located in the appropriate land use district,

      3. Parks and playgrounds;

      4. Publicly owned buildings and structures;

      5. Other uses which the commission determines to be similar to the above uses.

  1. 10.050 MDR Medium density residential.

Yhe MDR Medium density residential district isIntended as a hlgher-density residential district of multiple-family units, Except as specifically provided for elsewhere in this title, any building or premises In the MDR district used or occupied, and every building erected, constructed, or established within the MDR district shall be only in accordance with the regulations set forth in this

    1. In the MDR district, the following uses are permitted:

      1. Any use permixed in the SFR district as listed in Section 19.10.040 subject to any development standards of that district;

      2. Multiple-family dwellings of a permanent character placed In permanent locations and of not less than four hundred square feet of floor Brea per dwelling unit exclusive ofepen porches and garages and bachelor or efficiency units of not less than three hundred forty square feet of floor area per unit exclusive of open porches or garages;

      3. Boarding and lodging houses;

      4. Home occupations, subject to Section 19.10.080;

      5. Hotels or apartment hotels in which incidental business may be conducted for the convenience of the residents of the buildings provided there is no entrance to the place of business excepC from the inside of the building.

      6. The following uses shall be permitted when approved by the commission as provided in Chapter 19.30:

        1. Clubs and lodges, private and non-profit;

        2. Country clubs and golf courses, excepting miniature courses and similar commercial enterprises;

        1. large residential care facility, group home pursuant to criteria of Chapter 9.66:

        2. Mobile home parks;

        3. The office ofa physician, dentist, or other person authorized by law to practice medicine or healing;

        4. Parks and playgrounds;

        5. Publicly owned buildings and structures including publlc maintenance yards; h, Sober living facilities;

i. Other uses which the commission determines to be similar to the above uses.

    1. Outdoor living area.

      1. There shall be an outdoor living area for each dwelling unit permitted in the MDR district according to the standards as set forth in either subsection 1 or 2. The applicant may have the option of selecting either standard as follows:

        1. An area of not less than fifteen percent of the gross floor area of each dwelling unit shall be provided as an outdoor living area, excluding required yard areas. At least one-third of the outdoor living area must be landscaped and continuously maintained.

        2. An area of not less than Five percent of the gross floor area of each dwelling unit shall be outdoor living area; provided, that the required yard areas are landscaped, continuously maintained, and that at least one of the required yards is contiguous to the remaining required outdoor living area. At least one-third of the outdoor living area must be landscaped and continuously maintained.

      2. The minimum dimensions of the required outdoor living area shall be Urve feet in width. This dimension refers to the width of a rectangular space or to the shortest diameter of an irregularly shaped space.

      3. The outdoor living area may include the deck area of a swimming pool, patios, or porches. The outdoor living area shall not include driveways, roofs or parking areas.

  1. 10.o60 Reasonable AccDf¥iTzfodatlons.

    1. Purpose.

In accordance with federal and state fair houding laws, it Is the purpose of this Chapter to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

    1. Review Authority.

TheMeadngofüce.theCommuni[yandEconomttDevetopmentoi euorordeslgnee,ishereby designated to approve, approve, or deny all applications for a reasonable accommodation, except as prescribed under 19.10.060(C)(3) below.

    1. Application for Reasonable AccoMfTtDdatiDn.

      1. Applicant. A request for reasonable accommodation ruay be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a

disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

      1. Application, An application for a reasonable accommodation from a zoning regulation, policy, or practice Shall be made on a form provided by the Planning Department, No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the preSEribed fee shall be paid for all other discretionary permits.

      2. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other disEretionary permit or approval. The processing procedures of the di5cretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

      3. Required Submittals. An application for reasonable accommodation shall include the following:

        1. Documentation that the applicant is: (i) an Individual with 8 disability; (ii) applying on behalf of one or more individuals with a d(sabIIity; or (iii) a developer or provider of housing for one or more individuals with a disability.

        2. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant.

        3. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

        4. Any other information that the City Planner reasonably concludes is necessary to determine whether the findings required by Section 19.10.060{D)(4) can be made, so long as any request fDr information regarding the disability DI the individuals benefited complies with Fair Housing Law protections and the privacy rights of the individuals affected.

  1. Decision.

Requests for reasonable accommodation shall be reviewed by the Hearing Officer, using the criteria set forth in Section 19.10.060(D)(4), (D)(5) and (O)(6). The Hearing Officer shall consider the request for reasonable accommodations as part of a publir hearing that was noticed in a manner consistent with Government Code Section 65901 and MunicipalCode Section 19.40.010.

    1. The Hearing Officer shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either approve, approve with conditions, or deny a request for reasonable accommodations in accordance with the required findings set forth in Section 19.10.060(D)(4).

    2. If necessary to reach a determination on the request for reasonable accommodation, the Hearing Dfficer may request further information from the applicant consistent with fair housing laws, specifying in detail the Information that is required. In the event that a request for additional information is made, the thirty (3D) day period to 1s‹ue a decision is stayed until the applicant responds to the request.

    3. Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

      1. The requested accommodation Isrequested by or on the behalfofone or more individuals with a disability protected under the Fair Housing Laws.

      1. Yhe requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

      2. The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden“ is defined in Fair Housing Laws and interpretive case law.

      3. The requested accommodation will not result In a fundamental alteration in the nature of the C’ity’s zoning program, as ”fundamental alteration” is defined in Fair Housing Laws and interpretive case law.

      4. The re9•ested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

In making these findings, the decision-maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

    1. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a di5ability an eqt/al opportunity to use and enjoy a dwelling.

      1. Whether the requested accommodation will affirmatively enhanEe the quality of life of one or more Individuals with a disability.

      2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

      3. In the case of a residential care facitity, whether the requested accommodation is netessary to make facilities ofa similar nature or operation economically viable ln llght of the particularities of the relevant market and market partlcipants.

      4. In the case ofa residential care facility, whether the existing supply of facilities of a similar nature and operation in the communlty is sufficient to provide indivfduals with a disabil”ity an equal opportunity to live in a residential settlng.

    2. The City may consider, but is not limited to, the following factors in determinlng whether the requested accommodation would require a fundamental alteration in the nature ofthe City’s zoning program.

      1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

      2. Whether the accommodation would result in a substantial inCrease in traffic or insufficient parking.

      3. Whether granting the requested accommodation would substantiatly undermine any express purpose of either the City’s General Plan or an applicable Spetific Plan.

      4. In Ehe case of a residential care facility, whether the requested accommodation would create an lnstitutionallzed environment due to the number of and distance between facilities that are similar in nature or operation.

6, Rules White Decision is Pending. White a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject ofthe request shall remain in full force and effect.

7. Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal pursuant to the procedures established in Chapter 1S.44. In the event an appeal is filed, the reasonable accommodation shall not become effectlve unless and until a decision is made by the Planning Commission on such appeal.

  1. Expiration, Time Extension, Violation, Discontinuance, and Revocation.

    1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Chapter shall expire within twenty-four (24) MDFlths from the effective date of approvBl DF dt an alternative time specified as a condition of approval unle5s:

      1. A building permit has been issued and construction has commenced;

      2. A certificate of occupancy has been issued;

      3. The use is established; or

      4. A time extension has be•*lB anted.

    2. Time Extension. The Hearing Officer may approve a time extension for a reasonable

accommodation for good cause for a period Dr periods not to exceed three years from the effective date of approval. An application for a time extension shall be made in writing to the City Planner no less than thirty(30) days or more than ninety (90) days prior to the expiration date.

    1. Notice. l’Jotice of the Hearing OffiEer’s decision on a time extension shall be sent to the applicant. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth inParagraph D below.

    2. Appeal of Determination. A tlme extension for a reasonable accommodation shall be final unless appealed to the City Planning Commission withln 14 calendar days of the date of maltngofthedetermination.An appeal shaft be made in writing and shall be noticed and heard pursuant to the procedures established in Chapter 19.44 of this Code, as modified by Section 19.10.060(D)(1), (D)(2), and (D)(3).

S. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

6. Discontinuance. A reasonable accommodation shall lapse If the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the disabled person initially occupying a residence for whom a reasonable accommodation was made vacates, the reasonable accommodation shall remain in effect only if the City Planner determines that (1) the modification is physlcafly integrated into the residential Structure and cannot easily be removed or altered ta comply with the Code, and (2} the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The City Planner may request the applicant or his or her successor-In-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such dotumentat\on within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City ofa previously approved reasonable accommodation.

  1. Amendments.

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The City Planner may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

  1. 10.070 Accessory dwelling uniu.

    1. Purposes.

The purposes of this chapter are to authorize accessory dwelling units (AKA, second units); to establish a procedure for reviewing and approving their development to ensure and maintain

healthy and safe residential living environments; to establish location and development Standards for second units; and to comply with Government Code Section 65852.2 and Senate Bill 1069 (2016), which requires local agencies to consider applications for second unit permits ministerially without discretionary review or a publiC hearing.

    1. Definition.

      1. Accessory dwelling unit. For purposes of this chapter, “accessory dwelling unit“ and “second unit” are the same and have the meaning set forth in California Government Code Section 6585Z.2.

      2. Manufactured home. “Manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis arid designed to be u5ed as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of thts paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the Department of Housing and Urban Development {HUD) and complies with the standards established under the Mobile Home Construction and Safety Standards Act, also known as The HUD Code.

      3. Mobile Home. A mobile home may be defined as a movable or portable dwelling built on a chassis, connected to utilities, designed without a permanent foundabon, and intended for year-round living built prior to June 15, 1976.

      4. Modular Home. Modular hornes are homes that are built In sections in a factory and then transported to a building site on truck beds, then joined together by local contractors. Modular homes are built to conform to all state, local or regional building codes at their destinations. Local building inspectors are responsible for verifying that a modular home’s structure meeLs requirements and that all finish work is done properly. Modular homes are sometimes less expensive per square foot than site built houses, but may endure and increase In value If properly constructed.

    1. Permitting procedure.

An application for a second unit permit that meets the location and development standards contained in this chapter and all applicable building standards in Title 15 shall be approved ministerially without discretionary review or public hearing. A complete application shall be reviewed and approved no more than 120 days from Its acceptance. Any application for a second unit permit that does not meet the location and/or development standards contained in this chapter shall be approved by the planning commission as provided in Chapter 19.30. The application for a second unit shall be submitted to the Community Development Department to determine whether the proposal is consistent with the location and development standards contained within thls ordinance.

A seEond unit which conforms to the requirements of this section ‹hall 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 whiEh 1s consistent with the existing general plan and zoning designations for the loc. The second units shall not be considered in the application of any local ordinance, policy or program to limit res)dent1al growth.

    1. Location.

      1. One second unit may be located on any lot in a single-famlly residential, or the multiple- family residential district and any Specific Plan district that authorizes residential development.

      2. No subdivision rights are authorized that would result in the second unit being located on a separate lot.

      3. The lot must contain an existing single-family dwelling.

    1. Applications.

      1. An application for a second unit permit must be submitted to the community development department prior to the submittal to the city for a building permit application.

      2. An application for a second unit permit must be made in writing and contain che following information:

        1. Name(s) and address(es) of applicant(s) and property owner(s).

        2. Address and assessor’s parCet number for the lot.

        3. Size, Indicating dimensions and square footage of the primary residence and the proposed second unit.

        4. A legible scale drawing, showing:

          1. A north arrow to indicate parcel orientation.

il. Lot dimensions and labels for all property lines.

iii. Siting and location of the primary residence and the proposed second unit.

lv. Floor plan configuration of the primary residence and the proposed second unit.

  1. All other existing improvements, including driveways and parking areas.

  2. Exterior design of the primary residence and the proposed second unit. “Exterior design“ includes architectural style and exterior features, such as trim, windows, and roof.

        1. A description of the building and roDf materials of the primary residence and second unit, and a sample board of the colors of the primary residence and second unit.

        2. Color photographs of the primary residence and surrounding properties taken from each of the property lines of the project site,

        3. Location and description of water and sanitary sewer for both the primary residence and the proposed second unit.

        4. Property owner’s consent to physical inspection of the premises.

  1. A written legal description of the property.

    1. Development standards.

A second unit permit will be issued only if it complies with the follow1ng development standards: 1, Yards and Building Height.

  1. In single-family and multifamily residential districts, second uniU must comply with requirements relating to yards (front, side, and rear setbacks) and building height that are generally applicable to resident1al construction In the zone in which the property is located.

  2. In PUD planned unit districts where an approved final development plan specifies requirements relating to yards (front, side, and rear setbacks) and building height, second units must comply with the requirements specified in the plan. In PUD planned unit districts where an approved finat development plan does not specify requirements relating to yards and building height, second units must comply with requirements

relating to yards and building height that are generally applicable to residential construction in the SFR zone.

  1. Lot Size. A second unit shall not be located on any resldential lot that is substandard in area, width or depth.

  2. Second Unit Configuration.

    1. Second Unit Attached to an Existing Primary Residence. A second unit may be attached to an existing primary residence only if the seEond unit is one of the following:

      1. An internal conversion of a garage or other area within the existing primary residence.

      2. An addition to the existing primary residence.

    2. Second Unit Attached to an Accessory Structure. A second unit may be attached to an existing or newty constructed accessory structure only If the accessory structure meets all of the fo\lowing requirements:

      1. The remainder of the accessory structure is limited to garage space.

      2. The accessory structure complies with all requirements relating to yards (front, side, and rear setbacl¢s) and building height that are applicable to the primary residence in the zone in which the property is located.

ill. The total floor area of the accessory structure with an attached second unit shall not exEeed the total floor area of the primary residence, except as indicated under Section 19.10.070(F)(4)(b) below.

    1. Detached Second Unit. A second unit may be detached from an existing primary residence only if the second unit is located on the same lot as the existing primary residence. The second unit shall not be located between the primary residence and the street.

    2. A second uniE may be constructed above an existing garage without discretionary permit provided that it can demonstrate that the garage can structurally support the addition.

    3. Number of Second Units. There shall be a maximum of one second unit on any residentially oriented lot.

    4. Guest House. A second unit shatl not be permitted on any lot that includes a guest house. However, a guest house may be converted if it meets the criteria of this ordinance.

  1. Second UniC Size.

    1. A second unit must not exceed fifty (50) percent of the existing living area (including basement and usable attic) of the primary residence, or one thou5and two hundred (1,200) square feet (whichever is Ie‹s).

    2. A seEond unit shall not be less than 150 square feet in area, or the area of an efficiency unit as defined in Section 17958.1 of the Health and S8fety Code.

  2. Lot Coverage.

    1. In single-family residential districts, the second unit must not cause the maximum total structural lot coverage to exceed the maximum lot coverage of the district which the property is located. In multiple-family residential dlstricts, the second unit must be configured to provide all yard setbacks, parking and outdoor tiving areas within the district which the property is located.

    2. In PUD planned unit districts where an approved final development plan specifies maximum total structural lot coverage, the second unit must not cause the maximum total structural lot coverage to exceed the specified percentage. In PUD planned unit districts where an approved final developmefit plan does not specify maximum total

structural lot coverage, the second unit must not cause the maximum total structural lot coverage to exceed that identified for the RS-6 district.

  1. Buildin8 Height.

The overall building height shall not exceed the allowable building height in the zone which the second unir is located.

  1. Living Provisions. A second unit must provide complete Independent living facilities for one or two persons, including permanent prDvÏsions for living, sleeping, eating, cooking, and sanitation. The second unit may include ope kitchen, living room, and dining room, and no mDre than two bathrooms and two bedrooms.

  2. Entry, The second unit must have a separate entrance located on either building side or rear and not visible from Ehe street front area.

  3. Off-Street Parking. A lot containing a second unit must provide at least one additlonal off- street parking space pursuant to Section 19.06.0S0(1)(g) to serve the second unit above what is required for the primary unit. The additlonal space may be in tandem if the additional space is outside the existing rear yard setback and must be paved with a hard- surface. Parking spaces shall be prohibited in other seEbacks if determined to be a life safety condition. The use of gravel or asphalt grindings is not an acceptable surface. Any structure such as a garage or carport shall not be located in any yard setback. Should the existing garage of the primary unit be converted to an accessory dwelling unit, a two-car garage shall be required for the primary unit. Off-street parking may be waived for the following:

    1. The accessory dwelling unit is located within one-half mile of public transit.

    2. The accessory dwelling unit is located within an architecturally and historically significant distr”ict.

    3. The accessory dwelling unit is part of the exi5ting primary residence or an existing accessory structure.

    4. When on-street parking perrnits are required but not offered to the occupant of the accessory dwelling unit.

    5. When there is a car share vehicle located within one bloEk of the accessory dwelling unit,

  4. Architecturaf Compatibility. The second unit must incorporate the sama exterior design, building and roof materials, and colors as the primary dwelling unit. ”Exterior design” included architectural style and exterior features, such as trim, windows, and roof.

11, Permanent Foundation. A permanent foundation is required for all second units.

1t. Modular Homes. Modufar homes may be used for a second or primary unit. Manufactured homes shall be subject to City review and approval. Mobile homes, recreational vehicles, campers or travel trailers shall not be permitted fora second unit.

  1. Util”ity Services. The sewer and water services have hlstorically been installed to meet the capacity of single-family residential (i.e., one dwelling unit per parcel) or multiple-family residential (at up to 20 dwelling units per acre or as specified in the General Plan). Any inCrease in denslty may result In exceeding the design standards. The following standards shall be followed to ensure tI1at the capacity of the server and water service are not exceeded:

    1. Sewage and WaEer Services. Ifa private sewage disposal system, water system or both are proposed to be used, it must meet all applicable county regulations and be approved by the City Engineer before a second unit may be establïshed. Verificatlon that the standard has been met is required prlor to final inspection. Should it be determined that capacity of either server or water cannot be provided due to capacity limitations. the second unit shall not be permltted.

      1. Written verification of capacité for both server and water shaft be required from the servlng agencies.

      2. A sewer line shaft be considered at capacity and therefore determined that no additional units can be supported under the following conditions pursuant to the City of Barstow Server Master Plan adopted May 2000:

        1. Less than 12 inch server line: SD percent.

        2. 12 Inch to 36 inch server line: 75 percent.

        3. Greater than 36 inch sewer line: 100 perdent.

For the purpose of this ordinance the latest adopted Server Master Plan shall be used.

      1. The sewer flow generation for each resldence shaft be based upon Table III-1 of the City of Barstow Server Master Plan adopted May 2000, or as indlcated in the latest adopted revised or amended Server Master Plan.

    1. The configuration of the site (existing residence, second unit and associated parking) shaft allow the free, unobstructed access by both the police and fire departments.

      1. The applicant shaft gain written approval from both the police and fire departments and shaft submit the approvals as part of the application.

    2. For the purpose of this ordinance and consistent with SB 1069 (2016), a new accessory dwelling unit shaft not be charged for new connection fees. However, a detached accessory dwelling unit may requise a separate connection or separate meter subject to the criteria of Section 658S2.2(f)(2)(B) ofthe California Government Code.

  1. Street Access. No second unit shaft be permitted in any area that is served by substandard developed streets (i.e., street width) except as permitted under Chapter 19.30 of the Barstow Municipal Code.

    1. OcEupancy.

The owner of a parcel in any mukiple-family ZDfling district or a single-family zoning district with a second unit shall occupy either the primary dwelling unit or the second unit. Should either unit be rented, the rental of the property shall be no tess than 31 days per tenant, Short-term rentals, including Airbnb shall be prohibited.

    1. Deed restrictions.

Before obtaining a second unit permit, the applicant shall do the following:

      1. Enter into an agreement of restrictions with the city that refers to the deed under which the property was acquired by the applicant and provldes the following:

        1. The second unit shall not be sold separately.

        2. The second unit is restricted to the maximum size allowed under Ordinance Code Section 19.10.070(F)(4).

        3. The owner ofa parcel in any multiple-family zoning district or a single-family zoning bistrict with a second unit shall occupy either the primary dwelling unit or the second unit.

        4. The restrictions are binding upon any successor in ownership of the property and lack of compliance may result in legal action by the city against the property Dwner.

      2. RecDrd the agreement with the county recorder,

2- Prepare a disclosure statement that shall be included in any future offer or sale documents.

The statement shall read as follows:

“You are purchasing a property with a permit for a second residential un”x. This permit carries witft it certain restrictions that must be met by the owner of the property. You are prohibited

from selling the seCond unit separately. The second uniE is restricted to the maximum size allowed under City Ordinance Code Section 19.10.070(F)(4). The property owner shall occupy either the primary dwelling unit or the second unit. The permit is available from the current owner or from the City of Barstow Community Development Department.”

1. Nonconforming uniEs.

Notwithstanding the provisions of Chapter 19.38 of the Barstow MunicipalCode, if the existing primary residence is a legal nonconforming unit, a second unit may be constructed only if the nonconformity Is not expanded and the second unit meets all current applicable zoning and building standards. Any expansion of the nonconforming unit shall be subject to Chapter 19.38.

Should the accessory dwelling unit be a garage conversion where the garage is nonconforming (i.e., setbacks), it skall be permitted provided that there is no increase in the nonconformity.

  1. Sale of accessory dwelling unit is prohibited.

The purpose of permitting accessory dwelling unit is to provide affordable housing without discretionary review. The accessory dwelling unit shall be deemed part of the residential property, similarly to the primary residence, and cannot be sold separately from the primary residence.

  1. Fees.

Fees for second unit permits will be in amounts established by the City of Barstow’s building fee schedule. Second units are subject to all new development fees, including but not limited to development impact fees, park fees, fire department fees and assessment district assessment allocations.

19.10.080 Home occupation permits.
  1. Permit required.

No person shatl use any dwelling or structure in a residential district for home occupation without filing an application with the Economic Development and Planning Manager, and obtaining a permit to allow such use.

  1. Application.

Application for a home occupation permit shall be made to the planning department in writing on forms provided by the city for this purpose and shall set forth in detail such information as may be required by the planning department.

  1. Filing fee,

Filing fees shall be established by city council resolution. The standards of Section 19.10.080(D) shall apply to the conducting of any home occupation.

  1. Validity criteria.

The following criteria shall be used by city staff in approving or denying a home occupation:

    1. No employment of help other than members of the resident family.

    2. There will be no direct sales of products or merchandise.

    3. Business related to the home occupation shall be conducted substantially away from the premises, and on-premises activities sHall include only telephone calls, postal

correspondence, bookkeeping, recordkeeping, or such other activities determined by the code enforcement officer to be in accordance with the provisions ofthis section.

    1. A home occupation shaft not be conducted in the garage or in any accessory building.

S. There shall be no signs other than those permïtted by the zone régulations.

  1. There shaft be no outdoor storage of materials or equipment associated with the home occupation, nor shaft materïats or equipment be visible from ouEside the house.

  2. There shaft be no exterior evidence of the conduct of a home occupation, including, but not limlted to, noise, odor. color, materials, lighting, signs, and vibrations.

  3. No vehicular or pedestrian traffic related ID thi5 home occupation shall be allowed.

  4. A home occupation shall not be conducted on any site unless the issuance of a revocable business Ilcense has been approved by the code enforcement department and planning department.

  5. Home occupatiDns whiEh do not meet the criteria set forth in subsections A through H Dfthis section may be permitted subject to the approval of a conditional use permit pursuant to Chapter 19.30. A conditional use permit will not be granted if the planning commission finds that the proposed use is ob]ectionable or incompatible wlth the character of the neighborhood due to noise, dust, odors, traffic congestlDl3 Or Other undesirable characteristics. Ifa conditional use permit is granted, the planning commission may waive or modify any of the requlrements of subsections A through H of this section and the planning commission may impose such other conditions as lt deems necessary or proper to implement the purposes of this chapter.

  1. Uses not permitted.

The following uses, because of their nature, shall be listed as not being provided for in any event:

    1. Animal hospitals.

    2. Barbershops.

    3. Beauty parlors.

    4. Clinics or hospitals.

    5. OanCing schools.

    6. Mortuary.

    7. Nurseries or day care centers.

    8. Private clubs.

    9. Rental of trailers or any other equipment requiring outdoor storage.

    10. Repair shops or service establishments, except repair of small electrical appliances, typewriters, cameras, or other similar items.

    11. Restaurants.

    12. Sale and/or repair of firearms

    13. Stables or kennels.

  1. Révocation of home occupation permit.

A home occupation permit granted in accordance w”ith the provisions of this chapter may be terminated if any of the following are found:

    1. That any requirement or criterion set forth in Section 19.10.oB0(D) is being violated;

    2. That the permit was obtained by misrepresentation or fraud;

    3. That the use has become detrimental to the public health or safety, has become a public nuisance, or has grown to be a use that no longer can be conducted within the dwelling unit;

    4. That the use for whlch the permit was Branted has ceased or has been suspended for six calendar months;

    1. That conditions of the premises or the surrounding district or areas have changed so that the use may no longer be justified under the meaning and intent of this section.

  1. Nontransferable.

A horne occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, orused bya person other than the permittee, nor be transferred to any location other than the one for which the permit was granted.

  1. to.090 Density Bonus

    1. Purpose.

The purpose of this chapter is to adopt an ordinance that specifies how compliance with California Government Code Section 6S915 (“State Density Bonus Law”) will be implemented in an effort to encourage the production of low income housing units in developments proposed within the city.

    1. Oefinitions.

Unless otherwise specified in this chapter, the definitions found in state density bonus law shall apply to the terms contained herein.

    1. Applicability.

This chapter shaft apply to all residential zoning districts, including diverse use zoning districts, where residential developments ofFive (5) or mDre dwelling units are proposed and where the applicant seeks and agrees to provide low, very low, senior or moderate income housi»B units in the threshold amounts gpecified in state density bonus law such that the resulting densité is beyond that which is permltted by the applicable zonïng. This chapter and state density bonus law shaft apply only to the residential component of a diverse use project and shaft not operate to increase the allowable density of the nonresidential component of any proposed project.

    1. ApplicatiDn requirements.

      1. Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall provide the city with a written proposal. The proposal shall be submitted prior to or concurrently with filing the planning application for the housing development and shall be processed in conjunction with the underlying application.

      2. The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall indude the following Information:

        1. Requested Density Bonus. Yhe specific requested density bonus proposal shall evidence that the project meeU the thresholds for state density bonus law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under state density bonus law and the resulting unit per acre density. The density b0nus units shall not be Included in determining the percentage of base units that qualify a project for a density bonus pursuant to state density bonus law.

        2. Requested Incentive(s). The request for partiEUlar incentive(s) shall include a pro forma or other report evidencing that the requested inEentive{s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the city to verify its

conclusions. If the city requires the services of specialized financial consultants to review and corroborate the analysis, the applicant will be liable for all costs incurred in reviewing the documentation.

        1. Requested waiverlsl. The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the limitations provided by Section 19.10.090(H)(4) and to the extent such limitations are exceeded will be considered as a request for an incentive.

        2. Fee. Payment of the fee in an amount set by resolution of the city council to reimburse the city for staff time spent reviewing and processing the state density bonus law application submitted pursuant to this chapter.

    1. Density bonus.

      1. A density bonus for a housing development means a dens’ity Increase over the otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete. The amount of the allowable density bonus shall be calculated as provided in state density bonus law. The applicant may select from only one of the income categories identified in state density bonus law and may not combine density bonuses from different income categories to achieve a larger density bonus.

      2. In the sole discretion of the city council, the city council may approve a density bonus and/or incentive(s) in accordance with state density bonus law for a project that does not maximize the underlying base zoning density. Additionally, nothing herein prevents the city from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser density bonus and fewer incentives and waivers than that provided for herein, when the housing development does not meet the minimum thresholds.

      3. The density bonus and incentive provisions do not apply to new construction on an existing property if it will result in the reduction of affordable housing units on the site. Instead, the project only qualifies for a density bonus and incentives if it maintains the existing number and proportion of onsite affordable housing units serving low- and very-low income households. Replacement units must also be made affordable for 55 years to the same income category, or a lower category, as the units to be replaced. If the incomes of the formar residents are unknown to the developer, then one-half of the replacement units must be affordable to very low-income households and the other half to low-income households,

F Incentives.

  1. The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

  2. An Incentive includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive may be the approval of diverse use zoning (e.g., commercial) in conjunction with a housing project If the diverse use will reduce the cost of the housing development and is compatible with the housing project, An incentive may, buE need not be, the provision of a direct financial incentive, such as the waiver of fees.

  1. A requested incentive may be denied only for those reasons provided in state density bonus law. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.

G. Discretionary approval authority retained.

The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change or other discretionary approval, If an incentive would otherwise trigger one DI these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without tha incentive requires a general plan amendment, zoning change or other discretionary approval, the city retains discretion to make or not make the required findings for approval of the base project.

H Waivers.

A waiver is a modification to a development standard such that construction at the increased density would be physically possible. Modifications to floor area ratio in an amount equivalent to the percentage density bonus utilized shall be allowabla as a waiver. Requests for an increase in floor area ratio above that equivalent percentage shall be considered a request for an incentive, Other development standards include, but are not limited to, a height limitation, a setback requirement, an on•site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to maLe the project physically possible to construct at the increased density. Yo be entitled to the requested waiver, the applicant must show that without the waiver, the project would be physically impossible to construct. There is no limit on the number of waivers.

  1. Specific plan exemptions.

The following requirements, whan established in any approved specific plan with a residential allowance, shall not be modified as e”ither an incentive or wBiver pursuant to this chapter:

    1. The maximum FAR shall be limited to the public benefit levels.

    2. The front and side setback facing a public right-of-way,

    3. Building facade height.

    4. Massing and modulation standards including major portions of a building facing a street should be parallel to the street, building breaks, building facade modulation and building profile, and upper story facade length.

  1. Affordable housing agreement.

Priar to project approval, the applicant shaft enter into an affordabte housing agreement with the city, to be executed by the city manager without review by the housing commission, planning commission or city council if the underlying application does not require review and/or approval by those bodies, to the satisfaction ofthe city attorney guaranteeing the affordability ofthe rental or ownership units for a minimum of fifty-five (5S) years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shaft be recorded in the San Bernardino County recorder’s office. Said retorded agreement shall include a statement that the agreement can only be rescinded prior to the expiration date with the wrltten agreement from the City of Barstow. In order to rescind a reœrded agreement, the applicant shall contribute to the City the cost towards replacement affordable housîng, pro-rated based upon the term of the remaining years ofthe agreement and current cost of replacement affordable housing.

  1. Design and quality.

    1. Affordable unit= must be constructed concurrently with market rate uniEs and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate uni: s. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenit1es may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the building officia]. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.

    2. Parking standards shall be modified as al1owable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.

  1. Preservation of affordable housing.

Affordable housing may be sold at any price to any buyer but must repay to the local government the initial price break received plus a proportionate share of apprec1ation. In turn, the local government must reuse its share of the proceeds from the sale of the unit to assist other buyers eligible for affordable housing.

19. 10.100 Transitional and supportive housing.

Pursuant to Government Code Section 65583(a)(5), transitional and supportive housing shall be considered as a residential use of the property, subject only to restrictions that apply to other residential dwellings of the same type in the same zone.

OeA-l7 I Amendment to Chcg>ter 19.10. Rasîdenliöl … hftp://boistowcîtycoJqmLcom/Cîtîzens/DetoîJ.egîfîle.c

City of Barstow California

Council Ordinance

oax-1z-oool- amenameat to chaptar zs.zo, Resaenaai o›striæ

second ReaÆing

Informaöon

a‹dtnance

Attachments

Prlntout OrdînanceCC

Chapter19_1D_ExhibîtA_CIean (up\oad New Attachment)

Executive Summary

On Septe‹»ber27 and 2e, 2o18. Govama Bioa» ag»ad a nixt4ær ofbllle ‹equirlng œae a«w»d«›æts to the city’s ofdlnaixe addæsdng accessory dwe8îng unäs æwag as denslty bœius æqui In addition, the Depart‹»æt of Housing and Community Deyebpment(HCD) requires the City to lmI‹xIe a etatenwa regarding trwisitional and supportive housing. The amendment addreaaes the iequlrementa ot the bigs ad the HCD.

Disœsslon

As rated at the May 1, 2017 meeting, Goyeizior Brown signed five bbls into law on September 27 arid 28, 2016, wziendirig the Ca8tbtnla Goverixiwnt Cods that affactz‹xting law. V\ithout this amendment, the a6sofiMed sections

The b8b irntude the fi›lIowX :

DweBi›g wife

AB22B8 anends Government Code Section 8585M, This anxzr›drrent requires the t»ostextansiva diange totfe

The lot nxict œntain an axistîng single-fäm8y dwe!tbig.

A second unamay be construöed aboye an exîsbng garag• without dBzxetbnary perrnitproyjded 9 a struœxatly capable of delng so.

Adjusted the maximum sïze ofæi acœseory dwel£ng untt. The size sectîonis esaenäalfy re- orded. Addresses the overaa IxiJöing heigt›t(notto e›ceed what b permissibb in the zone tt ts

  • Addtessas mkiinxan renta1 diaatîon.

ProhJbte the sale ofan ac‹æssoiy dwel¥fjg unit (i.e., œr›riotseII the accecooiy dwe¥iro unit wâhout salang

ttæ rr n house wBh it).

°ORA•17-0fXl1 Amendment to Chopter 19.)0, Rssidentiol http://barstowci\yca.iqm2.com/Citizens/DetaiI_LegiFile.c

Danslty Bonua

AB 1934, AB 2442, AB 2501 and AB 2558 all pertain to the Oensity Bonus laws. Tha verblage of the Densité Bonus ordinanœ refers to the State law, and therefôie requlres minimal modÏtcatÎDns. The bulk of the amendments in this section are to Bddress formatting for consistency wifh the rest of Chapter 19.10. When this section of the ordinance was writtan, ‘it was æparate from the rest of Chapter 19.10, and there were some fôrmat inœnsistencias. We are œrrecting it at this tlme. The one amendment required by the bllls pa‹talns to the length of the term fDr the aflördable housing agreement, AB 2556 increased the term from 50 to 55 yeam. This is a minor change.

A summary of the codes is provided below:

AB 2442 expands the categories of specialized housing (foster youth, disabled veterans, or homeless persons) that could qualify a development fbr density bonus.

AB 2501 attempts to clarify and streamline the procedure at the local level, while rastating the density bonus laws objective of producing more housing units. This irtdudes document requi‹emenk for dens“ity bonus, incentives, concessions and waivers, or reducad parking ratios.

AB 2556 relates to the required replacement of agordable unib previously onsite. Includes the increase of term limit for affordable housing from 50 years to 55 years. Atso defines “equNalent s\ze” for replacement uniD (replacement unlts must contain at laast tha same total number of bedrooms as the units being replaced).

AB 1954 creates a new subsection of Government Code Section 65915. StaP became aware of AB 1934 the day of the Planning Commission meeting. An addendum was provided to the Planning Commission at the meeting. This bill essentially allows Incentives to commercial developnwnt that incorporates residential housing, or partners with a residential housing developer, as pait of the pfojact. Therefore, density bonuses, concessions, waiYars and Incentives wi8 apply to the residential development. In addidon, the commercial devebper may be eligible br a “developed bonus’ that may indude but not limited to, modificadons to the maximum allowable Intensity, maximum floor area ‹atio (FAR), maximum building height limits, minimum panting requirements, upper fbor accessibility regulations, and zoning or land use regulations.

Translttonal/supportive Housing

When the Housing Element was adopted, ona of the required actions was to address transidonal and supportive houslng. Pursuant to Qovemment Code Section s5683(a){5), such housing cannot be treated any di#erently than any residentlal dwel8ng of the same type in the sarre zone. In other words, if a transitional or supportive dwelling Is proposed In the Single Family Residential district, it cannot be treated any differently than a market-rate home In the same district. When we subsequently amended the zoning ordinance, as this was a state requiranvnt, we did not Include it In the ordinance. However, HCD requires the City to put it in ss part of the Housing Element approval.

The Housing Element gatned conditiona) approval based upon this amendment. Staff added Section 19.10.100 to

meat this requirement

In closing, ane finat minor change involves the index section of Chapter 19.1o, whee there was a f0rmat inconsistency of the Ressoriable Accommodations section as well as the additlonal ofthe Transitîonal and Supportive Houslng as Section 19.10.100. The redlined version of the proposed amendment Is included in the Planning Commlsslon Staff Report attachment

On April 10, 2017, the Planning Commission voted to recommend the City Council approve an ordinance to amend the resklential district ordinance city-wide.

Ordinance No. 95T2017 was Introduced and the First Reading approved by the City Council on May 1, 2017.

Recommended Action

Adopt Ordinance No. 953-Z017 of the City Council of the City of Barstow, California, amending Chapter 19.10 (Residential Districts) of the Barstow Municipal Code, waive the full reading, and direct the City Clerk to publish the oniinance pursuant to G.C. 36933.

°ORA-J7ÆOJ Amendment to Choplœ 19.\O, Røsîdantiól … hflp://Doctœvcłłyc:o.i¢yzißcom/Ciłizens/Detoš_LegiRe.o

f#ay 15, zOlZ 7:oo Pł•ł Video

RESULT: APPROVED [LłNANQ4głt£Ș]