Chino Adu / Granny Flat Ordinance

http://caladu.org/ordinance/chino-hills-12-05-2017.pdf

EUNICE M. ULLOA

Mayor

TOM HAUGHEY

Mayor Pro Tern

CI T Y of CH I N O

EARL C. ELROD GARY GEORGE

PAUL A. RODRIGUEZ, Ed.D.

MATTHEW C. BALLANTYNE

City Manager

STATE OF CALJFORNIA }

COUNTY OF SAN BERNARDINO } ss. CITY OF CHINO

I, Angela Robles, City Clerk, hereby certif y that the document described below and attached hereto is a true and correct copy of the original record on file in the office of the City Clerk located at 13220 Central Avenue, Chino, California.

  • Ordinance No. 2017-009, An Ordinance of the City Council of the City of Chino, California, amending selected provisions of the Zoning Code (Title 20 of the Municipal Code) of the City of Chino. PL17-0056 (Zoning Code Amendment).

CITY OF CHINO, CALIFORNIA

Angela R City Clerk

Date: September 15, 2017

1 3220 C e n t r a l Av e n u e , C h i n o, C a l ifo rn i a 9 1 7 10

Ma i l i n g A d d ress: P. O . B ox 667 , C h i n o , Ca l i forn i a 9 1 708 -0667 ( 909 ) 334- 3250 ( 909) 334- 3720 Fa x

We b S i te: w w w.ci t y of c h i n o. o rg

ORDINANCE NO. 2017-009

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL17-0056 (ZONING CODE AMENDMENT).

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

Section 1. Table 20.04-1 is hereby amended, replacing the term “secondary dwelling units” with “accessory dwelling units”, to read as follows:

TABLE 20. 04-1 ALLOWED USES IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS

Additional Regulations

Section 2. follows:

Table 20.06-1 is hereby amended, allowing kiosks in the CN zone, to read as

TABLE 20.06-1 ALLOWABLE USES IN COMMERCIAL ZONING DISTRICTS

Uses Zoning Districts Additional Regulations
CN

I

CG

I

co

I

CR

I

cs
Commercial Uses
Cart/Kiosk A

I

A

I

A

I

A I Section 20.21. 150

Section 3. Table 20.06-1 is hereby amended, allowing banquet facilities in the CR zone, to read as follows:

TABLE 20 06-1 ALLOWABLE USES IN COMMERCIAL ZONING DISTRICTS

Section 4. Table 20.06-1 is hereby amended, requiring a special conditional use permit for massage establishments in all commercial zones, to read as follows:

TABLE 20. 06-1 ALLOWABLE USES IN COMMERCIAL ZONING DISTRICTS

Uses

Section 5. Table 20.06-1 is hereby amended, requ1nng an administrative approval or a special conditional use permit for a vehicle towing service in the M1 or M2 zones, to read as follows:

TABLE 20.07-1 LAND USE REGULATIONS FOR INDUSTRIAL ZONING DISTRICTS

Uses

Zoning Districts Additional Regulations
BP I M1 I M2 I AD
Commercial Uses
Vehicle Towing Service m I A/C I AIC I Cl Section 20.21.470

Section 6. Table 20.09-5 is hereby renumbered to 20. 09-3, and hereby amended, replacing the term “second dwelling unit” with “accessory dwelling unit”, to read as follows:

TABLE 20.09-3 DEVELOPMENT REGULATIONS FOR RESIDENTIALLY

ZONED PROPERTIES IN DOWNTOWN OVERLAY DISTRICT

Feature Standard Additional
Maximum Density (Dwelling Units Per Adjusted Gross Acre):

8 DU/AC

Primary and Accessory Dwelling Unit Allowed With Minimum 6,600 sq. ft. Lot
Accessory Dwelling Unit 1 Space per Bedroom

Section 7. Table 20. 11-1 is hereby amended, to read as follows

Accessory Owe Ihng

Unit

TABLE 20. 11-1 TYPES OF ACCESSORY STRUCTURES

0100090000038d00000002001c00000000000400000003010800050000000b0200000000050000000c0207008402040000002e0118001c000000fb021000070000000000bc02000000000102022253797374656d007648db8c04807434000ee3ac768001b176b06a8f048c743400040000002d010000040000002d01000004000000020101001c000000fb02a4ff0000000000009001000000000440002243616c6962726900000000000000000000000000000000000000000000000000040000002d010100040000002d010100040000002d010100050000000902000000020d000000320a570000000100040000000000840206002000360005000000090200000002040000002d010000040000002d010000030000000000 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

A dwe.lling. unit wit h a kitchen that is subordinate to a pr mary residenUa dwelling on the same lot.

Habitable Accessory

Structure

A structure that is habitable but does not contain a kitchen and is subordinate to a primary structure on the same lot.

Nonhabitable

Accessory Structure

A structure that is not habitable, including sheds, detached garages, patio enclosures and structures used solely for animal keeping, and is subordinate to a primary structure on the same lot.

—-

Section 8. Section 20.11.020 is hereby amended, in its entirety, to read as follows:

20. 11.020 Accessory dwelling units.

  1. All accessory dwelling units shall comply with the following standards:
    1. An accessory dwelling unit shall occupy the same lot as an existing single-family residential dwelling.
    2. An accessory dwelling unit is not permitted on residential lots already containing two or more dwelling units.
    3. Sale of an accessory dwelling unit separate from the primary residential dwelling shall not be permitted.

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    1. . Maximum floor area shall not exceed eight hundred fifty square feet for independent accessory dwelling units either attached to or detached from the primary dwelling, or twenty-five percent of the primary dwelling (before the addition) for a unit attached to the primary dwelling and sharing living space .

  1. Accessory dwelling units shall provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation , including a complete kitchen and full bathroom .

  2. An accessory dwelling unit shall meet the same standards as the primary unit and the surrounding neighborhood with respect to building height, scale and massing.

7, The architectural design and detailing, roof material, and exterior color and finish materials of an accessory dwelling unit shall match the primary dwelling .

  1. Accessory dwelling units shall comply with all building code requirements that apply to detached dwellings , as appropriate.

  2. One on-site parking space shall be provided per accessory dwelling unit, consistent with parking requirements provided in Chapter 20. 18 (Parking) of this Code, except as otherwise provided in this chapter .

    1. No additional parking standards shall be required if any of the following apply:

      1. The accessory dwelling unit is located within one-half mile of public transit. For the purposes of this section, public transit shall include without limitation any public bus stop or other mass transit stop.

      2. The accessory dwelling unit is entirely within the existing primary residence or an existing accessory structure is converted into an accessory dwelling unit .

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

      4. When there is a licensed car share vehicle located within one block of the accessory dwelling unit.

    2. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway or in setback areas, unless the Director of Community Development, or his or her designee , finds that tan.Qem parking and/or parking in setback areas is not feasible based upon specific site or regional topographical or fire and life safety concerns , or that it is not permitted anywhere else in the city.

  3. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit resulting in a loss of off-street parking, the city may require replacement of the same and may approve location of the same 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 lifts. This clause shall not apply to a unit that is described in subsections 9(a)(1)-(4). Nothing in this section shall prevent the city from enforcing parking requirements for the primary dwelling unit.

  4. Except as otherwise provided in this chapter, an accessory dwelling unit shall comply with all requirements of this Code that are applicable to the main dwelling, including, but not limited to , building setbacks, lot coverage, building height and architectural design.

  1. The accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water services. A sewer connection separate from the main dwelling may also be provided.

13, Prior to the issuance of a building permit for an accessory dwelling unit, a covenant of restriction to run with the land shall be recorded which specifies that the use of the accessory dwelling unit as an independent dwelling may continue only if one unit on the property is owner occupied.

  1. Minimum setbacks and maximum height for second units shall be as provided in Table

20. 11-2 (Development Standards for Accessory Dwelling Units and Habitable Accessory Structures Greater Than 120 Square Feet in Area). However, 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. The maximum area of all accessory structures on a site shall not exceed eighty percent of the total floor area of the primary structure, excluding any required garage.

  2. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purposes of this section , passageway means a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the accessory dwelling unit.

  3. Notwithstanding the requirements of this section, the city shall administratively approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit meets all of the following requirements :

    1. The unit is contained entirely within the existing space of a single-family residence or 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. (Ord. 2010-05, § 1(exh. A), 2010; Ord. 2014-013 , § 8, 2014.)

Section 9. Table 20. 11-2 is hereby amended, to read as follows:

TABLE 20.11-2 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND HABITABLE ACCESSORY STRUCTURES GREATER THAN 120 SQUARE FEET IN AREA

Single-Family I Single-Family Zoning

Zoning Districts I Districts (RD 4.5 and

(RO 1 and RD 2) i RD 8)

Multi-Family Zoning Districts I

(RD 12, RD 14, and RD 20) i

Setbacks , Minimum [1]

—–I

Front Same as main

Rear burlding

Same as main building

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

Same as main building ;

r1

Interior side

I Same as main

buildlng

5 feet

accessory dwelling units are not permitted in the

RD 12 [2], RD 14

St t s de .Same as main

. 1 . UI .JtlQ

Height, Maxm. 2 storie_s_· or 2o feet J

Same as main building

2 stories or 20 feet

and RD 20 zones

Ordinance No. 2017-009

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Maximum Size 850 square feet 850 square feet None Habitable Space [3]

I ·

Maximum Size 1,200 square feet 1,200 square feet None

Structure

[1] For accessory dwelling_units built above a garage, and for garages converted into accessory dwelling units, the setback requirements of subsection 14, above, shall apply.

[2] Accessory dwelling units are permitted in the RD 12 zone, which allows accessory dwelling units on lots with an existing single family residential dwelling in compliance with the standards of Section 20.11. 020.

[3] Maximum size of structure may not exceed 1,200 square feet with maximum area of habitable space not to exceed 850 square feet.

  1. The structure shall comply with all requirements of this Code that are applicable to the main dwelling, including, but not limited to, building setbacks, lot coverage, building height and architectural design.

  2. Prior to the issuance of a building permit for a habitable accessory structure, a covenant of restriction to run with the land shall be recorded which specifies that the structure shall not have a kitchen nor be rented.

  3. Minimum setbacks and maximum height for habitable accessory structures shall be as provided in Table 20. 11-2.

8. The maximum size of the structure shall be eight hundred fifty square feet, except that the planning commission may approve a larger structure with a special conditional use permit.

9. The maximum area of all accessory structures on a site shall not exceed eighty percent of the total floor area of the primary structure, excluding any required garage. The required parking within a garage shall be excluded from the calculation of the area of an accessory structure.

(Ord. 2010-05, § 1(exh. A), 201O; Ord. 2011-06, §§ 8, 9, 2011; Ord. 2013-003, § 14, 2013; Ord.

2014-013, § 9, 2014; Ord. 2016-005, § 8, 2016.)

Section 10. Chapter 20.14. 010 is hereby amended, to read as follows:

      1. Purpose.

This chapter implements Government Code §§ 65915, et seq., which requires the city to provide incentives for residential development projects that include units affordable to lower income households. In the event of any conflict between this chapter and Government Code §§ 65915, et seq., the provisions of the Government Code shall prevail and be applied.

(Ord. 2010-05, § 1(exh. A), 2010.)

Section 11. Chapter 20. 14.020A6 is hereby added, to read as follows:

6. At least ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-

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Vento Homeless Assistance Act (42 U.S.C. Sec. 11301, et seq.). The units described in this subsection shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.

Section 12. Chapter 20.14. 0401 is hereby added, to read as follows:

Funding. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

Section 13. Section 20.14.050A is hereby amended, to read as follows:

        1. Continued affordability. Target units, and units built on donated land, shall remain restricted and affordable to the designated group for a period of fifty-five (55) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program.

Section 14 Sections 20.14. 060E and 20.14.060E1 are hereby amended, to read as follows:

  1. Supporting Analysis. An applicant seeking a density bonus, or incentive may provide supporting analysis, using one of the following methodologies, that the incentive makes the target units economically feasible:

1, A development pro forma with the capital costs, operating expenses, return on investment, loan-to-value ratio and the debt coverage ratio, including the contributions provided by any applicable subsidy programs, and the economic effect created by the minimum fifty-five-year use and income restrictions on the affordable housing units.

Section 15. Section 20.14.060F is hereby amended, to read as follows:

  1. Provision of incentives. The city shall provide the specific incentive or incentives requested by an applicant, unless the city makes a written finding, based upon substantial evidence, of any of the following:

1, The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in this section.

2_ The incentive would have a specific adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households.

3. The incentive would be contrary to state or federal law.

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Section 16. Section 20. 14.060G is hereby added, to read as follows:

G. Burden of Proof. The city shall bear the burden of proof for the denial of a requested incentive.

Section 17. Section 20.14.070A is hereby amended, to read as follows:

A. Application. A developer seeking approval of a density bonus and an additional incentive or incentives shall file an application with the director of community development. The director shall process the application concurrently with any other application required for the housing development. The director shall provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete, and the director shall notify the applicant for a density bonus whether the application is complete in a manner consistent with Government Code § 65943. The form and content of the application shall be as specified by the director and may be subject to a fee established by resolution of the city council.

Section 18. A new Section 20. 14.080 is hereby added, to read as follows:

20.14.080 Waivers and modifications of development standards.

A. Consistent with Government Code § 65915(e), applicants granted a density bonus pursuant to this chapter may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this chapter. The applicant may also request a meeting with the city to discuss such request for waivers and modifications .

B. To obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of physically precluding the construction of a housing development eligible for a density bonus pursuant to this chapter at the densities or with the concessions or incentives permitted by this chapter.

C. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled.

0. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

Section 19. The existing Section 20.14. 080 is hereby renumbered to Section 20. 14.090, and all subsequent sections are renumbered so that they are sequentially numbered.

Section 20. Section 20. 14.09003 is hereby amended, to read as follows:

3. When the initial purchaser sells the unit, the city shall recapture any initial subsidy, which shall be equal to the fair market value at the time of initial sale minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. The city’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale.

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Section 21. Section 20 .14.100 is hereby amended, to read as follows :

20.14.100 Parking standards.

  1. Upon the request of the developer, the city may not require vehicular parking standards, inclusive of handicapped and guest parking, of an eligible development that exceed the following ratios:

    1. Zero to one bedrooms: One on-site parking space.
    1. Two to three bedrooms: Two on-site parking spaces .
    1. Four and more bedrooms: Two and one-half parking spaces.
  1. Notwithstanding subsection (A), if a development includes the maximum percentage of low­ income or very low income units and is located within one-half mile of a major transit stop, as defined in Public Resources Code §21155(b) , and there is unobstructed access to the major transit stop from the development , then, upon the request of the developer , the city shall not require vehicular parking standards, inclusive of handicapped and guest parking, that exceeds 0. 5 . spaces per bedroom. For purposes of this subsection, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

C . Notwithstanding subsection (A), above, if a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards , inclusive of handicapped and guest parking, that exceeds the following ratios:

    1. If the development is located within one-half mile of a major transit stop, as defined in Public Resources Code § 21155(b) , and there is unobstructed access to the major transit stop from the development , the ratio shall not exceed 0. 5 spaces per unit.

    1. If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Civil Code §§ 51.2 and 51. 3, the ratio shall not exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed access, within on-half mile, to fixed bus route services that operates at least eight times per day.

    1. If the development is a special needs housing development , as defined in Section 51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

  1. Notwithstanding subsections (B) and (C), above, if the city or an independent consultant has conducted an areawide or jurisdiction-wide parking study in the last seven years prior to any density bonus application, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in subsection (A), based upon substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access , walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very

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low-income individuals, including seniors and special needs individuals. The city shall bear the costs of any such study. The city shall make findings, based on the parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

  1. If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, the development may provide “on-site” parking through tandem parking or uncovered parking, but not through on-street parking.

  1. This section shall apply to developments that are eligible for a density bonus, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section.

(Ord. 2010-05, § 1(exh. A), 2010.)

Section 22. Section 20.14. 110 is hereby added, to read as follows:

20.14.110 Density bonuses and replacement affordable housing requirements .

  1. An applicant shall be ineligible for a density bonus or any other incentives under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are, or if the dwelling units have been vacated or demolished in the five-year period preceding the application have been, subject to a recorded covenant, ordinance, or law that restricts rents to affordable rent levels; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by low or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

    1. The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in section 20. 14.020(C) of this code; or

    1. Each unit in the development (exclusive of a manager’s unit or units) is affordable to, and occupied by, either a lower or very low income household.

  1. For purposes of this section, “replace” shall mean either of the following:
    1. If any dwelling units described in subsection (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subsection (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not