Coronado ADU / Granny Flat Ordinance

CORONADO http://caladu.org/ordinance/coronado-11-17-17.pdf
CORONADO amended http://caladu.org/ordinance/coronado-amended-01-09-2018.pdf
CORONADO amended http://caladu.org/ordinance/coronado-02-28-2018-amended.pdf

ORDINANCE NO. 2075

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA AMENDING PORTIONS OF THE CORONADO MUNICIPAL CODE TO PROVIDE FOR REGULATIONS

1

CONCERNING

WNES

ACCESSORY DwELLING UNITS IN RESIDENTIAL

WHEREAS, the City Council of the City of Coronado seeks to implement Senate Bill 1069 (SB 1069) (Chapter 720, Statutes 20 16) and Assembly Bill 2299 (AB 2299) (Chapter 735, Statutes 2016) through the implementation of regulations concerning accessory dwelling units in residential zones; and

WHEREAS, accessory dwelling units are commonly referred to as second units,” and are additional dwelling units on residential zoned lots improved with single-family dwellings that are independent of the primary dwelling unit. They are also known as accessory apartments,accessory dwellings, mother-in-law units, or granny flats. They may be either attached or detached to the primary dwelling unit, and provide complete independent living facilities including facilities for living, sleeping, eating, cooking, and sanitation; and

WHEREAS, state lawmakers are increasingly concerned about the unaffordability of housing in the State of California; and

WHEREAS, the State Legislature adopted SB 1069 and AB 2299 in order to eliminate barriers to accessory dwelling unit construction that the Legislature has detennined is a common­ sense,cost-effective approach to accommodate future growth and to encourageinfill development in developed neighborhoods ; and

WHEREAS, Section 65582.1 of the California Government Code provides that accessory dwelling units are one of the reforms and incentives adopted to facilitate and expedite the construction of affordable housing; and

WHEREAS, Section 65852.150(a) of the California Government Code provides that ary dwelling units are a valuable fonn of housing; that they may provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others at below market prices within existing neighborhoods ;that they may add income and an increased sense of security to homeowners; that they will provide additional rental housing stock; that they offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods , while respecting architectural character; and that they are an essential component of California’s housing supply;and

WHEREAS, Section 65852.l50(b) of the California Government Code provides that the Legislature’s intent with the adoption of SB 1069 was that local agencies adopt an ordinance relating to matters including unit size, parking, fees, and other requirements that are not so arbitrary, excessive, or burdensome so as to wueasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance; and

WHEREAS, the City of Coronado desires to adopt such an ordinance relating to the unit size and other requirements which isnot arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.

NOW, THEREFORE, the City Council of the City of Coronado hereby ordains as

follows:

SECTION ONE:

All of the above statements are true.

SECTION TWO:

The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15282(h) for the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Section 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code, and Section 15305 of the CEQA Guidelines, which exempts minor alterations to land use limitations.

SECTION THREE:

Sections 86.56.105.A, 86.56.l 05.G and 86.56.105.H. of the Coronado Municipal Code are hereby amended to read as follows:

SEE EXHIBIT A,

SECTION FOUR:

Severability. Ifany section, subsection, subdivision, paragraph, sentence, clause or phrase ofthis Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION FIVE:

This ordinance was introduced on 1anuary 16, 2018.

SECTION SIX:

This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Coronado shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

PASSED AND ADOPTED this 6th day of February 2018) by the following votes, to wit:

AYES: NAYS: ABSTAIN: ABSENT:

BENZIAN,DOWNEY, SANDKE,BAILEY DONOVAN

NONE NONE

RjchMdBm?.. ·

City of Coronado

ATTESTATION AND CERTIFICATE:

I hereby certify that this is a true and correct copy of Ordinance No. 2075, which has been

8l’YLClord, CMC

City Clerk

—- .. · ·——- · ... _...._….. _ _ · …….. ····

EXIDBIT A

      1. Accessory Dwelling Unit

One Accessory Dwelling Unit (ADU)may be pennhted on aresidentially zoned property improved with one single-family dwelling unit in accordance with Gov’t Code Section 65852.2, subject to all of the following in addition to the development standards applicable to the zone in which the ADU is proposed:

        1. Size Limitations. ADUs, whether attached or detached, shall be limited to a maximum size of 800-square-feet or 50% of the main dwelling size, whichever is less.

  1. Transient Rental Requirement. Any ADU on a residentially zoned property shall be rented to one tenant for six months or longer.

  1. Owner Occupancy Requirement. The property owner of any property improved with an ADU shall not allow any building or portions of buildings of the property to be leased apart from the entire parcel unless the owner of the property continually occupies either the main dwelling unit or the ADU.

A covenant prepared by the City of Coronado, signed by the property owner, and recorded by the San Diego County Recorder’s Office outlining the ADU regulations shall be required prior to construction plans being approved or a building permit being issued for conversion to, or construction of, an ADU.

1825 STRAND WAY

CORONADO, CALIFORNIA 92118

CITY CF CDRDN pD

COMMUNITY DEVELOPMENT

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TEL: (619) 522-7326

FAX: (619) 522-2418

February 16, 2018

<<0J ‘1

Division of Housing Policy Development

California Department of Housing and Community Development

P.O. Box 952053 Sacramento, CA 94252-2053

Re: City of Coronado Accessory Dwelling Unit Ordinance Submittal To whom it may concern:

Enclosed for your records is Ordinance 2075 of the City of Coronado amending the previously adopted Accessory Dwelling Unit Ordinance. Ordinance 2075 was introduced to the City Council at a public meeting on January 16, 2018, passed and adopted on February 6, 2018, and will become effective on March 8, 2018.

Sincerely,