Chowchilla Adu / Granny Flat Ordinance

http://caladu.org/ordinance/chowchilla-01-12-18.pdf

ORDINANCE # 48217

AN ORDINANCE OF THECITY OF CHOWCHILLA

AMENDING SECTIONS OFCHAPTER 18 OF THE CHOWCHILLA MUNICIPAL CODE (ZONING ORDINANCE)AS NECESSARY TO BEIN COMPLIANCE WITH STATE HOUSING LAW

The City Council of the City of CHOWCHILLA hereby does ordain as follows: SECTION 1 PURPOSE

As part of the Citys Housing Element update,the City is required to make zoning ordinance updates to bring the City into compliance with State Housing code.These zoning text updates are Included within the Housing Element as required implementation measures forthe City to complete.

SECTION 2 AMENDMENT TO CODE

Specific wording changes are shown new wording in underline and wording to be removed in &tflkeout. The eight headings are not intended to be part of the ordinance text,and are inserted forclarity of reading only.

  1. FAMILY DEFINITIQN

Chapter 18.06 DEFINITIONS

18.06.358 Family.

Family” means an Individual or a group of persons llving together who constitute a bona fide sinalefamJly housekeeoing unit In a dwelling unit. not including a fraternity. sororitv. club. or other group of persons oc9ypying a hotel. lodging house or Institution of any kind.tv;e er more pereens relates by eloo.marriage or adoptieR, t. 1ft or wUhoul the adcilitlon ef net mer-e thaA fhf8 foster et:alldFen plaoec;j 9y tt:ie State DepaFtmeRt of

Soelal\Nelfare er ett:ier pwlis ageAey1 er Ret moFe #taR tl:eFee peFSons otf:ler U1aA fester at:lildren,eKGlucilAg ses:vaAts,who are net related Y looa, MaFFlage or aaeptleA te tl:le Fe&ident persoAs, lit1iRg tegetherina slRgle awelliAg l:AAlt.

  1. EMPLOYEE HOUSING. SUPPORTIVE AND TRANSITIONAL HOUSING. RESIDENTIAL CARE FACILITIES AND ACCESSORY DWELLING UNITS R·1 ZONE

Chapter 18.08 DEFINITIONS

18.06.353 Employee hoysing.

Consistent with Health and Safety Code section 17008. “Employee housing means property used temoorarily or seasonally <not more than 180 days In any calendar year) for the residential use of ynrelated persons/familfes emploved to perform agricultural or

Industrial labor either on or off site of 1gricultural aptivities. The accommodations may consist of any living quarters. dwelling. boarding house. tent (onlv temporary occupancy). bunkhouse Conly temporarv occupancv>; mobl!ehome. manufactured home. recreational vehicle. traveltrailer. or other housing accommodations majntained In one or more buildings. or one or more sites,and the premises uoonwhich they are situated.

including area set @side for parking of mobjl§homes or camping of employees by the emolover. Employee housing may also Involve oermanent residency if the housing accommodation is a mobilehome. manufactured home. travel trailer. or recremion§ll vehicle. Speciflcally.there are two {2) types of emplovee housing as follows.:.

A. Employee Housing. barge: Employee housing that serves more than six (6) employees and consists of no more than thirty-six C36) beds In group quarters or twelve (12) units or spaces designed for yse bv a single family or household,

B. Emp[oyee Housing. Small: Em12Joyee housing that serves six (6) or fewer

emploees,

18.06,710 Residential care facility.

11Residentiaf care facility” means a single-family dwelUng. group care facilitv. or §imilar facilitv licensed by the State of California for twentv-four (24) hour nonmedical care of persons in need of personal services,supervision or assist@nce essential for sustajning the actjvities of dally living or for the prote9tion of the individual,

18.06.886 -Supportive hoysing

Supportive housingis defined as housing wjth no limit of stav. that is occupied by the target population. and that i s linked on an onsite or off-site service that assists the supportive housing resident in retaining the housing. Improving his or her health status. and maximizing his or her ability to live and.whenpossible.work in the community.

18. 06.890 Target popul ation.

“Taraet popul atlon’t means persons with l ow I ncomes who have one or more disabllltie§, including mental Illness. HIV or AIDS, substance abuse. or other chronjc health condition. or indMduals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act. and mav Include. among other populations. adul ts. emancipated minors. families with 9hildren. elderlv persons. young adul ts aging out of the foster care svstem.individuals exiting frominstitutional settings, veterans. and homeless people.

18.06. 910 Transitional housi ng.

“Transitional housing” means buHdings configured as rental housing·developments. but operated under program requi rements that call for the termination of assi stance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time. which shall be no less than six months from the beginning of the assistance.

Chapter 18.12 R..1SINGLEFAMILY RESIDENTIAL DISTRICT

      1. Permitted uses.

The following uses only shaU be permitted in the R 1district

..,,

        1. Onefamily dwelling units and one-family mobile homes, not more than one dwelling or mobile- home per tot; all mobUe homes must be certified under the National Mobile home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) and placed on a foundation system pursuant to Section

18551of the Health and Safety Code;

        1. Accessory buildings and structures, including garages and swimming pools. Swimming pools may be used for the purpose of instruction, for fee, when neighbors within three hundred feet of the location have the opportunity to object, after notification by the city prior to the Issuance of a permit, and the use may continue subject to review by the planning commission of any complaints.Such a use of a swimming poolfor swimming instruction shall be required to meet all health requirements of all public agencies;

        2. Temporary tract offices, modelhomes and construction materials storage yards, within the tract being developed;
        3. Private greenhouses and horticultural collections. flower and vegetable gardens;
        4. The keeping of household pets, subject to the provisions of Section 18.06.472;

F. Signs,subject to the provisions of Section 18.12.150;

  1. Recreational vehicle, motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer storage,subject to the provisions of subsection F of Section 18.66.100;

  2. Family day care homes caring for one through six children

I. Supportive and transitional housing;

J. Accessory dwelling unitIn accordance withSection 18.66.250.

K. Employee housing. small:

L. Residentialcare faci!itv

18.12.030 -Conditional uses.

The fonowlng uses only shall be permitted in the R1district. subject to first securing a conditional use permit as provided in Article 1of Chapter 18.81:

A. Churches;

B. Communications equipment buildings and structures:

  1. Family day care homes oaring for more than six but less than seventeen children;
  2. Electricaldistnbutlon substations;

E. Home occupations, subject to conforming with the definitions and criteria

specified in Section 18.06.458;

  1. Off-site subdivision signs, subject to the provisions of subsection D of Section

18.12.150;

  1. Public libraries;
  2. Small family rest homes, licensed as such, which house not more than six

patients;

  1. Water pump stat ons;
  1. 0Re “gFaRAY house ffl8¥ ee allowe6t oA a legal aFGel .vheA the planniAg

oomMlssloR aeteFFAIRes all of the fellowiRg eeRditlene are satl&fled:

    1. The graAAY t:teuse shall be oensidered an aeoessoF}b1:1llding er strwoture, and shall Aot exaeed a f:leight greater tf:laA one stery,net to exseea lweh.*e feet te plate height,

  1. The tetal fleer spaGe ef the gFanAy ho1:Jse daes Ret eMeeed si>< hwRdred

forty square feet,

  1. The sole oao1;1f>aAsy 9f the graRAY tuniiee eeR&ists ef oRe aawlt er twe adult persons whe ai:e sixty yeaFS oJage eF OJeF,

4 . The granny howse meets all 9f te zeAIAfl regulatieAa pertaining to bYlldlRg height, setbaeks, dlstanse 9et¥1een tndldinga, minimum lot oe>.teFage, aAfJ par:king req1:.1irement& for the R 1zone e><oept that enly ene off etreet parking spaee shall be req1:1ireet fer nae gFaARY hoae,

i. TRe granny t:le1:1ee may be attaahed to the &Kidng eaw:entlenal eingle family dwelling ey a eemmon wall or a QORtlR1:101:1s roof strYet1:1F8 in aaaeFEiaAee with the bwlh IAieeae,

  1. There is oAe, aRd Aet mere than eRe, een1enti0Ral single family,
  2. TAe primary d\velllng and graRny ho1:1se are bett:l serveel ey public VJater ans 131i1elle se-...<er seF\f-ise;

Public and quasi-public uses appropriate to a residential zone.

K. Employee housing. l arge.

Chapter 18.86 PROPERTY DEVELOPMENT STANDARDS

      1. -Accessory dwelling units.

All accessory dwelling units shall meet the following standards:

        1. Floor Area.An accessorv dwelling unit shall not exceed pne thousand two hundred (1,200) square feet of floor area If separated from the existing slnglefamllv gwelling. If attached to the existing slngle-farollv residence.

the floor area of th@ second uni t shall not exceed flftY (50) percent of the

existing living area of the existing single-family dwelljng. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twentv (320) square feet i n floor area. An efficiency uni t shall not b@ less than one hundred (150) square feet i n floor area and meet all space and occupancv standards of Chapter 5 of the Uni form Housing·code.

        1. Location.An aocessorv dwelling yolt shall be locajed either to the side or to the regr of the existing singlefamllv residence gnd shall be either attached to the existing slnglefamilv dweHing or be seoarated from the existing single-family detached residence bv not l ess than ten (1Q) feet or the separation as allowed by the Uni form Building Code. whi chever is less.

  1. AoceBS. Doorway access shall be provided either to the side or rear of the accessory dwelling unit Direct doorway access to tbe front yard bv the second unit shall be orohlblted.

  2. Owner Occupancy. Either the existing slnglefaml!v detached residence or

1hQ accessory dwefling unit shall beoccupied by the gwner of the propertv.

  1. Off-Street Parking. A minimum one (1ladditional offftstreet parking space shall be provided for the accessory dwelling unit. The additional park!ag mace may be a paved tandem space on an existing driveway. The additjonal pprking space shall be wajved If jn anv 9f the following

instances:

    1. The accessorv dwelling unit is located within onehalf C0.5) miles of public transit.
    2. The accessory dwelling ynit is located within an architecturally and

historically significant historic district.

    1. hg gccessorv dwelling unit Is part of the existing primary re1!dence w;

an existing accessory structure.

4. When onstreet parking permits are required byt not offerecl to the occucant of the accessorv dwemna unit.

5. When there js a car share vehi cle l ocated withi n one bl ogk of the accessory dwelllng unit.

  1. Utility Services. Accessorv dwelling units shall be provided wjth water. sewer and other utlllties as determined bv the building official.

  1. Architectural Appearance.An access2iy dwelling .unit shall be designed and constructed so as to blentj with the single-famllv dwelling and be archftecturally similar in appearance In order to be consistent with the existing slnglefaml v dwellings design. construction. height. roofing. siding materials.and color.

  2. Except as specifically set forth fn this section.an accessory dwelling unit regul ated pursuant tQ thi s chapter shall meet all of the requi rements of the zone district in which the accessorv dwelling unit is located Including, without limltatlon. reayirements regarding fences. wall s and hedges: site area, frontage width. and depth of sites: coyerage:yard requirements: height of structures; distances between structures; signs: and general provisions and exceptions.

  3. An applicat on for an accessorv dwel!lng unit shall not be denied solely pased on any maxjmum densi ty regujrement or standard:

  1. SRO AND BOARDINGHOUSE R-3 AND PO ZONE

Chapter 18.08 DEFINITIONS

18.06.118Boardinghouse or rooming house.

11Boardlnghouse or rooming house” means a building containing a single dwelling unit · and provisions for five but Rot Qr more thaR fifteeA guests,where lodging is provided with or without meals for compensation, but not toinclude rest homes,

18.06.810 Single room occupancy.

11Singleroom occupancy CSRO) me@ns a residentjal facility of two or more separate individual rooms with tvpica!ly less than fiye hundred (500) square feet of floor space. with or without separate kitchen pr bathroom facilities for each room. rented on a weeklv or montblv basis. An SRO may not be occupied by more than one person. Slngle-room occupancy does not jnc l yde Hotel or motel.

Chapter 18.30 Rw3 MEDIUMDENSITY MULTIPLE FAMILY RESIDENTIAL DISTR CT

18.30.020 Permitted uses.

The following uses only shall be permitted In the R-3 district:

A Any use permitted In the R-2 district, Section 18.27.020;

B. Multiplehousing facilities, including rooming houses and boardinghouses, apartment houses and apartment courts;

C. Accessory buildings and uses customarily incidenq.1 to any of the above uses,

when located on the samelot and not involving and conduct of a business,;.

D. Singleroom occupancy.

Chapter 18.40 PO PROFESSIONAL OFFICE DISTRICT

18.40.040 .. Conditional usesPlanning commissionapproval.

A Churches, parsonages and other relfglous institutions.

  1. Public and private charitable Institutions, hospitals, sanitariums, rest homes, nursing homes, family care homes, foster homes or group homes for the mentally disordered or otherwise handicapped person,including state authorized homes.

  2. Public uses of a cultural type,including llbraries, museums, art galleries.
  1. Mortuaries.
  2. Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to fifty percent or Jess of the value of existing structures, or r establishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, with an assessed valuation of less than on hundred dollars,and nonconforming fences, walls and hedges.

  1. Residential drug treatment recovery homes.
  2. Accessory structures and uses located onthe same site as a conditional use.
  3. Boarding and rooming houses.
  4. Guest houses.

J. Sinale..r22m gccupancy.

  1. EMERGENCYSHELTERS C:3ZONE .

Chapter 18.08 DEFINITIONS

18.06.352 Emeraency shelter.,,,

Emergency shelter” means a facllitv proyldlog housing with minimal suoportlve services

for homeless persons tbat is limited to occupancy of six months or less where housing is not denjed becayse of aninabllltv to pay.

Chapter 18 39 C-3 GENERAL AND SERV CE COMMERCIAL DISTRICT*

      1. Permltted uses.

The following uses shall be permitted in the C-3 district:

        1. New and used automobJle ·1ots, boat and traifer sales and rental estabffshments, automoblle service stations, repair garages;
        2. Hotels and motels;
        3. Restaurants and drivein restaurants;
        4. Public or commercial recreation facilities, such as swimming pools, bowling alleys,etc.; ·
        5. Carpenter, electrical, plumblng, heating or machine shops,printing or publishing, furniture upholstering. green house or horticultural, contractors equipment storage yards, etc.;

6. Animal hospltals,veterinary clinics and kennels;

7. Any other commercial use or service establishment determined by the commission after a public hearing to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent properties

8. Ememency §helter.

  1. MANUFACTURED HOME AND ll!IOBILEHOME STANDARDS

Chapter 18.06 DEFINIT ONS

18.06.586 Manufactyred home.

l(Manufactured home” megns a structyre that was conatrycted on or after June 15.

1976.Is transportable in one or more sections. Is eight (8) body feet or more In width. or fortv (40) body feet or more in length.inthe traveling mode. or. whenerected on site.Is three hundred twenty C320) or more sauare feet. and is designed to be used as a singre­

family dwelling when connected to the required utlllties.

18.06.600 Mobile home.

Mobile home means a structure that was constructed prior to June 15. 1976, is transportable in one or more sections, is eight (8) body feet or more in width. or forty

(40) bodv feet or more Inlength.In the traveling mode. or. wben erected on site. Is three hundred (320) or more sauare feet. and is designed to be used as a single-family dwelling when connected to the required ytiliti§S. wlU1 or 1.thewt a pem:taneAt foYndatieA1 wiah sontalns not more thaA tv. dwelling YRils and whlal:l la not a i:eci:eatioAal 19iele, eemmerelal eoael:t er faetery wilt hoYse.

Chapter 18.66 PROPERTY DEVELOPMENT STANDARDS

      1. 50 Manufagtured housing.

The provjsions of tbis section shall apply to all manyfactured homes not located in an

approved mobile home park:

        1. No manufactured home shall be installed that was manufactured more than ten

(10) years from the date of application for a building permit for installation.

  1. All manufactured homes shall meet the following site or archi tecturalstandards:
    1. Garages and· Carports. A mjnjmum of a one-car garage or carport shall be provided for ever\! manufactured house.lb§ parking reayjrements of Chapter 18.12 shall also apply.

2. Mjnimym Width and Floor Area. The width and floor area of a manyfactured housing unit shall be the average of other residences In the zone district in which It Is located.

. .

  1. Roof Overhangs. All manufactured housjng units and garages shall have a

pitched roof with a minimum sjxteen (16) jnch rqof overhang on each of the perimeter walls sych that the overhang is archjtecturally integrated Into the design of the dwelling unit.

  1. Roofing Materials.All manufactured boysing units and garages and carports located on the lot shall have a roof constituted of Qsphalt composi ion. clay. tile. concrete or metal tile or panels, slate or built-up asphaltlowgravel materials.

  2. Siding Materials. All manufactured housing units and garages l ocated on the l ot shall have similar exterior siding materials consisting of wood. masonrv.

concrete. stucco. Masonite. or metal lap. The exterior siding material shall extend to the ground level. except that when a solid concrete or masonry

perimeter foundation i s used, the sidi ng material need not extend below the

top of the foundation.

  1. Foundations. All manufactured housing units and garages and carports §hall be placed on @ pennanent foundation whjch meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health

and Safety Code such that the floor elevation of the dwelling Is reasonablv

compatible wltb the floor elevations of the syrroyndlng dwelling ynjts.

  1. Utility connect!Qns. The mobile home electrical. gas. water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valve§. meters and regulators shall not be located beneath the manufactured homes.

  2. Deviations.The gommunttv develonment department mav approve deviations from one or more of the standards of this subsection onthe basis of a finding tbat the architectural stVle prooosed orovides compensating design fe§tures

and that the crooosed dwelling will be compatible and harmonious with

existing structuresin the vicinitv.

  1. Surrender of BeglsJratlon. Syb5eguent to applyjog for a builsling permit, and prior to the occupancv of a mobile home or manufactured home on a permanent foundation. a certffloation of occupancy js to be issued bv the building official

pursuant to Section 18551of tbe State Health and Safety Code.Thereafter, any ·

vehicle license Pi le, certificate of ownership. and certificate of registration ipued by a state agencv shall be surrendered back to thelssy!nq state agency. Any rnobl!e/ro<Jnyfactured home on a permanent foundation shall b@ar a state jnsianja or federallabel pursuant to Section 18550 of the State Health and Safety Code.

6. DENSITY BONUS

Chapter 18.06 DEFINITIONS

18.06.296 Densltv Bonys.

Densitv Bonus” means an Increase in the allowable number of residences granted by the city or countv in return for the proJect’s crovldlng low or moderate..rncome housing. A housing development that oroyldes 20 percent of its units for lpwerincome

households. ten percent of its units for yerylow income households.or 50 percent of its units for seniors is entitled to a densitv bonus and other concessions <See Canfornia

Govemment Code section 6515).

Chapter 18.61 HOUSING DENS TY BONUS AND OTHERINCENTIVES

18.61.010 Purpose and Intent.

The purpose and·intent of this sectionIs to imolement Chapter 4.3 Density Bonuses and Otber Incentives. Section 65915 et seq. of the California Government Code for the development of affordable housing and senior housing developments. which are

Incorporated herein by this rgference.

18.61.020 Appllcablllty of density bonus.

This section shall apply to residential prolects proyjding moderate. low and very low income hoysing and/or senior housing developments pursuant to the provisions and definitions of ChapWr 4.3. Section 65915 et seq.. of the California Government Code.

      1. -Denslty bonus requirements.

        1. Projects wbfch meet the reqylrements set forth in this section shall qualify for a density bonus and an applicable number of concessjons or incentives unless the Citv Council adopts a written finding. b@ad upon sybstantial evidence that any one of the fol lowing exists:

          1. The concession or incentive is not required to provide for affQrdabl§ housing costs. as definedin Health and Safety Code Section 50052.5. or for rgnts for the targeted units to be set at the required affordable levels.

as specified In Government Code Section 65915Ccl:or

          1. The concession or Incentive would have a specific adverse impact. as defined in Govomment Cod8 Secfion 65589.5Cd){2). upon pyblic health and safety or the phvslcal environment or on anv real property that is

listed inthe Cal fornia Reajster of Historical Besources and for wbjch there

is no feasible method to satisfactorily mitigate or avoid the specific adverse Impact without rendering the devtlopment unaffordable to low­ and moderateI ncome households: or

          1. The dlsaporoval Qf the proleot orimposition of conditions js required in order to comply with specific state or federal law and there ls no feasible method to oomQly without renderingthe development unaffordable to verv low and lowlnco hou§eholds:or

          2. The development pro!ect is inconsistent with the crty§ General Plan land use designation uit existed on the date the application was deemed

complete.and the citv has adopted a housing element i n compliance with

state l aw.

B. Project financial report. The applicant shall show in the form of a prolact financial

report {financi al oro forma) that the density bonus i s necassarv to make the housing units economically feasible. and the city may retaia a consultant. at

developer’s sole cost. to review the prolect financial report and adylse the city on the report Where development and zonjng standards exist which woyld otherwise inhibit the utilization of the densitv bonus on specific sites.the city may waive or modify the standards consistent with the provisions of this section.

      1. Densl tv bonus procedures.

A Density Bonus/Incentives Review. Density bonus/i ncentive revi ew by the Planning Commission shall only be required for prolects involving Planning Commission approyal. If no regislative entitlement is required. the ·community development department staff shall have final approval authorjty on densitv bonus and Jncentives. Appeals of a Planning Commission dep!sjon must be in accordance with Section 18.81.060 of the Chowchilla Municjpal Code. If a rezone or General Plan amendment I s part of the project. the Pl anni ng Commission shall make a recommendation on the density bonus and Incentives request but the City Council shall have fjnal approval authority as part of the total prolect. Any special conditions of the city zoning ordinance pertaining to the project. and/or applicable development standards of the downtown ·area shall also applv.

        1. Regulatory Agreement. The cltv and applicant shall execute a regulatorv agreement. ensuring compliance of the . project with all applicable provisions and affordability restrictions as required under this section. State law. or other applicable affordable housing reauirements, as well as egultv sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the Madera County recorders office running with the l and and be binding upon all future owners. developers. and/or successors-in-interest. The regulatory agreement shall be recorded