Duarte ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Duarte-04-20-2017.pdf

M EM ORANDU M

TO: Paul McDougall

Housing Policy Development Housing & Community Development

2020 W. El Camino Avenue, Suite 500, Sacramento, CA 95833

FROM: David F. Eoff IV, Associate Planner

Community Development Department, Planning Division 1600 Huntington Drive, Duarte, CA 91010

DATE: April 20, 2017

SUBJECT: City of Duarte Accessory Dwelling Unit Ordinance

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Ordinance No. 874, approving Municipal Code Amendment 16-05, was adopted on April 11, 2017 by the Duarte City Council. The adopted ordinance approved amendments to Duarte Development Code Sections 19.10.020.A , 19.38.050.A, 19.160.020, 19.160.050, and 19.160.200 relating to the

regulations and approval of Accessory (Second) Dwelling Units within the City of Duarte. Ordinance No. 874 is enclsoed and becomes effective 30 days from date of adoption by City Council.

If you have any questions or need more information, you can contact me at 626-357-793 1, Monday through Thursday, between the hours of 7:30 AM and 6:00 PM.

Enclosed: Ordinance No.874

17-0-04

ORDINANCE NO. 874

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA AMENDING SECTIONS 19.10.020.A (Table 2-1 and Table 2-2) ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE FAMILY AND MULTIFAMILY ZONES; 19.38.050.A (TABLE 3-4) OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES; 19.60.160 SECOND DWELLING UNITS; AND MODIFICATIONS TO DEFINITIONS IN SECTIONS 19.160.020, 19.160.050 AND 19.160.200 OF THE DUARTE DEVELOPMENT CODE RELATING TO THE REGULATIONS AND APPROVAL OF ACCESSORY (SECOND) DWELLING UNITS WITHIN THE CITY OF DUARTE

WHEREAS, the City of Duarte (“City”) seeks to ensure that the City’s zoning laws are consistent with the goals, policies and standards set forth in the City’s General Plan, federal law, and state law as it relates to the regulation and approval of second dwelling units within the City; and

WHEREAS, on September 27, 2016, Governor Brown approved California Assembly Bill 2299 (“AB 2299”) and California Senate Bill 1069 (“SB 1069”), which change the maimer in which second dwelling units (now called “accessory dwelling units”) must be regulated and processed by local agencies;

WHEREAS, effective January 1, 2017, AB 2299 and SB 1069, codified at Gov. Code §§ 65852.2, 65582.1, 65583.1, 65589.4, 65852.150, and 66412.2, adopt new requirements for local agencies’ regulation of accessory dwelling units and approval of applications for accessory dwelling units; at1d

WHEREAS, AB 2299 and SB 1069 further provide that in the event a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of the new legislation, m1y conflicting provisions shall be null and void upon Jairnary 1, 2017, unless and until the agency adopts an ordinm1ce that complies with AB 2299 m1d SB 1069; and

WHEREAS, the proposed mnendments to the Duarte Development Code are intended to ensure the City’s procedural and substantive requirements for accessory dwelling units are consistent with the above-described recent changes to State law; and

WHEREAS, after the duly noticed public hearing, held on February 21, 2017, the Planning Commission adopted Resolution No. PC 17-08 reconm1ending the City Council adopt and approve the proposed code amendments; m1d

WHEREAS, the proposed amendments to the Dumte Municipal Code are set forth in the attached Exhibit A to this Ordinance (the “Code Amendments”)

THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Recitals. The foregoing recitals are true m1d COlTect and are incorporated herein as through set forth in full.

SECTION 2: Adoption. Sections 19.10.020.A (Table 2-1 and Tale 2-2) allowed uses m1d permit requirements for single family and multifamily zones; 19.38.050.A (Table 3-4) off-street parking requirements for residential uses; 19.60.160 second dwelling units; and modifications to definitions in Sections 19.160.020, 19.160.050, and 19.160.200 of the Duarte Development Code are hereby amended to read as set forth in Exhibit A, attached to this Ordinance and incorporated herein by this reference.

SECTION 3: No Changes to Permitted Usesffiensity. Nothing in this Ordinance shall be interpreted to allow m1y land use which is not expressly listed as permitted or conditionally permitted within the City’s Zoning Code and General Plan.

SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds that the project is in compliance with the California Environmental Quality Act pursum1t to Public Resources Code Section 21000 et seq. (CEQA), and State regulations in Title 14 of the California Code of Regulations, Section 15000 et seq. (CEQA Guidelines) because the project is

categorically exempt from CEQA pursuant to Title 14 California Code of Regulations Sections 15061(b)(3); 15303; 15332; and 15378, in that it can be seen with certainty that the adoption of the Development Code amendments propose no activity that may have a significant effect on the environment and will not cause a direct physical change in the envirom11ent or a reasonably foreseeable indirect physical change in the enviromnent; pertain to new construction or conversion of small structures; and would qualify as infill development.

SECTION 5: Severability. If any section, subsection, subdivision, sentence, clause, pln·ase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption.

SECTION 7: Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such posting and shall certify to the same. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law.

PASSED AND APPROVED on this 11th day of April, 2017.

Isl Margaret Finlay Mayor Margaret Finlay

STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF DUARTE )

I, Marla Akana, City Clerk of the City of Dumie, County of Los Angeles, State of California, hereby attest to the above signature m1d certify that Ordinm1ce No. 874 was adopted by the City Cotmcil of said City of Dumie at a regulm·meeting of said Council held on the 11th day of April, 2017, by the following Roll Call vote:

AYES: Councilmembers: Fasm1a, Kang, Paras-Caracci, Reilly, Finlay NOES: Councilmembers: None

ABSENT: Councilmembers: None

I sl Marla Akana City Clerk Marla Akana

City of Duarte, California

-2-

19.10.020 – and use and permit requirements.

  1. Allowed land uses.
    1. Tables 2-1 and 2-2 indicate the uses allowed within each residential zone and any permits required to establish the use, pursuant to Article 7 (Permit Processing Procedures) and Article 8 (Development Code Administration).

    2. Residential uses represent the primary allowed use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each zone may be allowed as accessory, conditionally permitted, and/or temporary uses. Accessory uses deemed appropriate may only be permitted when provided as a secondary use on property for which a legally permitted/allowed residential unit exists or is proposed in conjunction with establishment of the accessory use, except as may be otherwise allowed in Article 6 (Nonconformities).

    3. and uses that are not listed in Tables 2-1 and 2-2 or are not shown in a particular zone are not allowed (see Uses Not Classified in Section 19.04.040), except as otherwise provided by Section 19.04.020 (Rules of Interpretation).

    4. Where the last column in the Tables 2-1 and 2-2 includes a Chapter or Section number, the regulations in the referenced Chapter or Section shall apply to the use. Provisions in other Sections of this Development Code may also apply as indicated in Section 19.10.090 (Other Applicable Regulations).

    5. See Article 9 (Definitions) for land use definitions and explanations.

TABLE 2-1 ALLOWED USES AND PERMIT REQUIREMENTS

Single-Family and Two-Family Residential Zone Permit Requirements

P = Permitted By Right

A = Permitted as Accessory Use MUP = Minor Use Permit

CUP = Conditional Use Permit

-= Not Allowed

Land Use R-1 R- 1A R- 1B R- 1D R- 1E R- 1F R-2 Specific Use Regulations

Residential Uses

Single-Family Dwellings

p p p p p p

See Table 7-2 (Article 7) for Site Plan Review Requirements. See

p 19.10.050 for R-1D

zone special

requirements. See 19.10.080

(Manufactured

Homes)

Multi-Family Dwellings 1 – – – I

Two-Family Dwellings – – – – – – p

(Duplex)

Mobile Housing Unit – –

Second Accessory A Dwelling Unit

See 19.60.160

A A A A A A (Second Accessory

Dwelling Units)

Care Uses ·

Child Care Home – Large Family

A A A A A A A See 19.60.100 (Large

and Small Family Child Day Care

Child Care Home A A A A A A A Facilities) Small Family

Day Care General – 15 or more children

– – – – – – –

Agriculture and Animal-Related

As regulated by Title Animal Keeping A A A A A A A 8 (Animals) of the

Municipal Code

Horse Keeping MUP A A See 19.60.080 (Horse Keeping)
Horticulture – Private

I

I A I A

A

A

I

A

A

I

I A

Other Uses

Accessory Structures and Uses

A

A

A

A

A

A

A

See 19.60.020

(Accessory Uses)

Educational Institution

– Private

CUP CUP CUP CUP CUP CUP CUP
Golf Course, Country Club CUP CUP CUP CUP CUP CUP CUP
Home Occupations A A A A A A A

See 19.60.070 (Home

Occupations)

Places of Religious Assembly CUP CUP

See 19.60.140

(Places of Religious Assembly)

CUP CUP CUP CUP CUP

Recreational Vehicle Parking (Open/outdoor parking)

A A A A A A A

See 19.38.160

(Recreational Vehicle Parking

in Residential Zones)

Temporary Uses See Chapter 19.124 (Temporary Use Permits)
Utilities CUP CUP CUP CUP CUP CUP CUP
TABLE 2-2 ALLOWED USES AND

P = Permitted by Right

A = Permitted as Accessory Use MUP = Minor Use Permit

CUP = Conditional Use Permit

-= Not Allowed

PERMIT REQUIREMENTS FOR MULTI-

FAMILY RESIDENTIAL ZONES

Land Use R-3 R-4 R- MH

Specific Use Regulations

Residential Uses

Care Uses

Child Care Home – Large Family See 19.60.100 (Large and Small Family Child Day Care Facilities)
Child Care Home – Small Family A

A

A

Day Care Facility – 15 or more CUP CUP
I Residential Care CUP CUP \
Animal Keeping

A

A A As regulated by Title 8 (Animals) of the Municipal Code.
Horticulture – Private

I A

A A

19.38.050 – Off-street parking space requirements

TABLE 3-4

OFF-STREET PARKING REQUIREMENTS RESIDENTIAL USES

Land Use Parking Spaces Required

Single-Family Dwellings (Attached and Detached) and Two-Family Dwellings

2 per dwelling unit in a garage for units with up to 4 bedrooms; 3 per dwelling unit in a garage for units with 5 or more bedrooms. See also 19.38.050(1).

Second Accessory

Dwelling Unit

1 per second accessory dwelling unit; a minimum of 2 enclosed per site a minimum of 2 3 enclosed parking spaces within a garage is required depending upon total number of bedrooms on the property (in association with primary unit).

Multi-Family Dwellings

2 per unit in a garage, plus ovelilow and guest parking as follows:

1 overflow parking space per each 4 units 1 guest parking space per each 4 units See also 19.38.050(F) and (I).

Mobile Home Parks

1 per mobile home space plus 1 for each mobile home space for guest parking; guest parking to be separate from mobile home spaces

Live/Work Units

I

2 spaces per unit in a garage plus customer parking as determined through the Conditional Use Permit.

Senior Housing (when restricted to age 62 and older)

1 space per 1-bedroom unit.

2 spaces for each 2-bedroom unit.

Conversions of Existing Covered Parking Spaces for Single-Unit Dwelling

2 per unit in garage
Large and Small Family Child Day Care Facilities Spaces required for dwelling unit only, plus 1 per each permanent non-resident employee

19.60.160 –&eoofHl. Accessory dwelling units.

  1. Purpose. This Section provides locational, developmental, and operational standards for second accessory dwelling units.

  2. Applicability. The provisions in this Section shall apply to secomlaccessory dwelling units as defined in Article 9 and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following standards.

  3. City standards. A second accessory dwelling unit as authorized by Government Code Section 65852.2 shall comply with all of the following locational and developmental standards:

    1. The second accessory dwelling unit shall comply with all of the development standards applicable to the specific residential zone in which it is located.

2. The lot s zoned for single-family or multifamily use and contains an existing, single-family dwelling.

  1. The parcel proposed for the second accessory dwelling unit shall contain a minimum of 6,000 square feet, unless the accessory dwelling unit is located entirely within an existing structure.

  2. Either the primary unit or the second accessory dwelling unit shall be occupied as a primary residence by the property owner.

  3. There shall not be more than one second accessory dwelling unit on each parcel.

  4. The second accessory dwelling unit shall be physically attached to the primary residence and shall be designed so that it ean revert back to being used as an integral portion of the attached single family residence in the event that the unit is no longer used as a second dvwlling unit or located within the living area of the primary residence or detached from the primary residence and located on the same lot as the primary residence.

  5. Colors, materials, roof form, windows, and window trim shall match those of the primary structure.

  6. The attached second accessory dwelling unit shall be designed to maintain the appearance of a single-family dwelling.

  7. The maximum floor area of the second accessory dwelling unit shall comply with the following:

    1. The mmdmum floor area of tho second dwelling unit shall not mmeed 700 square feet. Attached or detached accessory dwelling units shall not exceed fifty percent of the total floor area, excluding garages, of the existing dwelling unit up to a maximum of 400 square feet, for lot sizes up to 15,000 square feet.