El Cajon ADU / Granny Flat Ordinance

http://caladu.org/ordinance/El-Cajon-06-13-2017.pdf

Comm unity Devel opment

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VERIFICATION OF MAILING

On May 9, 2017 , Zoning Code Amendment No. 432 to amend Title 17 of the El Cajon Municipal Code regarding accessory dwelling units was introduced to the El Cajon City Council. On May 23, 2017, the City Council had a second reading of the ordinance and adopted Zoning Code Amendment No. 432. On May 26, 2017, the adopted Ordinance No. 5061 was mailed to the following:

Department of Housing and Community Development Office of the Director 1-tolJ

Attn: Paul McDougall 17g P01h

2020 W El Camino Avenue, Suite 500 eoeivc.y !)

Sacramento, CA 95833 ,../

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l[)atJ Lorena Cordova

Associate Planner

City ofEI Cajon 200 Civic Center Way El Cajon, CA 92020

Planning (619) 4411742 Building and Fire Safety (619) 4411726 Housing (619) 4411710

www.cityofelcajon .us

.,

ORDINANCE NO. 5061

AN ORDINANCE AMENDING TITLE 17

OF THE EL CAJON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS

WHEREAS, on February 7, 2017, the Planning Commission adopted Resolution No. 10891 initiating an Amendment 432 (the “Amendment”) to Title 17 of the El Cajon Municipal Code (the “Zoning Code”) with changes for accessory dwelling units; and

WHEREAS, the Zoning Code requires regular maintenance to ensure that it is consistent and effective in regulating the use and development of land in the City. Accordingly, staff has identified various edits needed to improve clarity and consistency of the Zoning Code with newly enacted state laws with regards to accessory dwelling units and junior accessory dwelling units; and

WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on April 18, 2017, and recommended City Council approval of the Amendment to the Zoning Code; and

WHEREAS, the El Cajon City Council held a duly advertised public hearing on May 9, 2017, to consider the Amendment to the Zoning Code to consider changes to align the Zoning Code with state-mandated regulations for accessory dwelling units and junior accessory dwelling units; and

WHEREAS, at the public hearing the City Council received evidence through public testimony and comment, in the form of both verbal and written communications and reports prepared and presented to the City Council, including (but not limited to) evidence such as the following:

A. The proposed changes to the Zoning Code further the goals of the General Plan in various ways. Goal No. 5 of the General Plan is that “a broad range of housing types will be made available to meet the housing needs of various age and income groups.” Objective 5-2 of the General Plan is to “encourage the adequate provision of housing by location, type of unit and price to meet existing and future needs of El Cajon residents.” Furthermore, in Policy 5-2.3 it is identified that the “City will facilitate the production of housing for all segments of the population….” The Zoning Code Amendment will provide greater opportunities for adding to the supply and affordability of housing.

B. The proposed Zoning Code Amendment is applicable citywide. No zone changes are proposed as part of this project, and thus the proposed changes do not conflict with specific plans.

C. The proposed Zoning Code Amendment is applicable citywide and is not property-specific. The Zoning Code Amendment aligns the Zoning Code with state-mandated requirements for accessory dwelling units.

WHEREAS, after considering such evidence and facts, the City Council did consider the Amendments to Zoning Code as presented at its meeting.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

Section 1. That the foregoing recitals are true and correct, and are findings of fact of the El Cajon City Council in regard to Zoning Code Amendment No. 432.

Section 2. Section 17.40.020 of Chapter 17.40 of Title 17 of the El Cajon Municipal Code is hereby repealed.

Section 3. A new Section 17.40.020 of Chapter 17.40 of Title 17 of the El Cajon Municipal Code is hereby added to read as follows:

  1. Applicability.

The following property improvements and land uses may be approved by an administrative zoning permit:

        1. Large family daycare homes in residential zones, in compliance with Section 17.225.030.

  1. Outdoor dining areas in compliance with Section 17.225.090.
  1. Fences, hedges, and walls that are higher than would otherwise be allowed, in instances where there is a legitimate need for a higher fence. In approving such fences, the director shall consider safety and sight distance requirements, in addition to aesthetics and input from affected adjoining property owners. Affected adjoining property owners shall be notified in writing at least ten days prior to the approval of any fence, hedge, or wall exceeding the height restrictions of the underlying zone.

  1. Roadside stands, in compliance with Section 17.225.110.
  1. Kiosks, booths, and stands incompliance with Section 17.130.250.
  1. A temporary shade structure, in compliance with Section 17.225.160.
  1. Additional household pet or animal, in compliance with Chapter 17.205.

Section 4. The definition of “Dwelling,” found in Section 17.105.020, Definitions in Chapter 17.105 of Title 17 of the El Cajon Municipal Code is hereby repealed.

Section 5. A new definition of “Dwelling” is hereby added to Section 17.105.020, Definitions in Chapter 17.105 of Title 17 of the El Cajon Municipal Code, between the definitions of “Dump” and “Dwelling, multiple-family,” to read as follows:

“Dwelling” means a building or portion of a building, or a mobile home, designed for permanent residential purposes, including single-family, two-family, multiple-family dwellings, accessory dwelling units, and junior accessory dwelling units, but shall not include hotels, motels, or residential care facilities.

Section 6. The definition of “Dwelling unit” found in Section 17.105.020, Definitions in Chapter 17.105 of Title 17 of the El Cajon Municipal Code is hereby repealed.

Section 7. New definitions of “Dwelling unit,” “Dwelling unit, accessory,” and “Dwelling unit, junior accessory” are hereby added to Section 17.105.020, Definitions in Chapter 17.105 of Title 17 of the El Cajon Municipal Code, between the definitions of “Dwelling unit, two-family” and “Educational institution” to read as follows:

“Dwelling unit” means one (1) or more rooms designed for occupancy by one (1) family for both living and sleeping purposes, and having only one (1) kitchen. This definition includes single-family homes, condominiums, townhomes, and apartments.

“Dwelling unit, accessory” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (a) An efficiency unit, as defined in Section 17.958.1 of Health and Safety Code; and (b) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Dwelling unit, junior accessory” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Section 8. Section 17.140.120 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby repealed.

Section 9. Section 17.140.120 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby added to read as follows:

      1. Accessory structures.

Accessory structures such as detached garages, carports, workshops, game rooms, poolrooms, clubhouses, storage buildings, and sheds are permitted in residential zones, subject to the following provisions:

        1. Accessory structures shall not be used as dwelling units, except for approved accessory dwelling units.

  1. Accessory structures shall not include kitchen facilities, except for approved accessory dwelling units and approved common area buildings in multi­ family complexes or common interest developments.

  1. The total combined floor area of all accessory and primary structures on a lot shall not exceed the maximum lot coverage of the underlying zones.

  1. Accessory structures are limited to a height of 20 feet.
  1. Accessory structures may include electrical service, a sink, a water heater, and hookups for washers and dryers.

  1. Except for approved accessory or junior accessory dwelling units and common area buildings in multi-family complexes and common interest developments, accessory structures may not include bathrooms, unless a minor conditional use permit is approved pursuant to Chapter 17.50.

  1. Accessory structures shall not be located closer than six (6) feet from any other structure in any single-family zone.

  1. Accessory structures shall not be located closer than 12 feet from any structure used for human habitation in any multi-family zone. Accessory structures shall not be located closer than six (6) feet from any other accessory structure in any multi-family zone.

  1. Accessory structures shall be located to the rear of (behind) the front of the main buildings on the lot. In instances where the main structure(s) is/are located to the rear of the lot, the director may authorize accessory structures in front of the main building. However, in no instance may such accessory structures be located in any required setback area.

  1. Accessory structures located to the rear (behind) the front of the main buildings may be located as close as three (3) feet from interior side and rear property lines. However, no accessory structure may be located in any exterior side yard setback area.

  1. Accessory structures may not be located within five (5) feet of an alley.
  2. Detached garages and carports that are entered directly from a street shall maintain a minimum distance of 20 feet from the street property line. If such a structure is entered directly from an alley, it shall maintain a distance of five (5) feet from the alley property line.

  1. The roof of an accessory structure may project to within one and one-half feet of an interior side or rear property line.

  1. Accessory structures used for the keeping of animals are subject to the distance requirements listed in Chapter 17.205.

0. Temporary structures, including structures made of metal, wood, canvas, vinyl, palm fronds, bamboo or similar materials are prohibited in all required exterior yards and in all areas between the public right-of-way and the front of the main structure on the lot. When located behind the front of the main structure on the lot, they are subject to all other provisions of this title.

P. Notwithstanding other provisions of this section stated above, one (1) temporary shade structure may be allowed in front of the main structure, under the limited circumstances listed in Section 17.225.160, and subject to the approval of an administrative zoning permit described in Chapter 17.40.

Section 10. Section 17.140.180 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby repealed.

Section 11. Section 17.140.180 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby added to read as follows:

      1. Accessory and junior accessory dwelling units.

The standards set forth in this section may be applied to any residentially zoned lot in the city that contains only one (1) single-family dwelling upon such lot. If any use beyond that of one (1) single-family dwelling exists upon a lot, then such lot is not qualified to receive an accessory or junior accessory unit. Notwithstanding the foregoing, no accessory or junior accessory dwelling unit shall be permitted in any approved planned unit development (PUD) or planned residential development (PRD).

        1. Permit Required. A building permit is required for any new accessory or junior accessory dwelling unit.

        1. Standards of Development.
          1. Accessory dwelling units attached to the primary residence or within an existing structure, such as an attached or detached garage or other accessory building shall meet the following requirements:

            1. Building and safety codes;
            1. Independent exterior access from existing residence;
            1. Sufficient side and rear setbacks for fire safety; and
            1. Limited in size as follows:
              1. For residential lots up to 6,400 square feet in size the maximum size of an accessory dwelling shall be 640 square feet; and

ii. For residential lots in excess of 6,400 square feet in size the maximum size of an accessory dwelling unit shall be not more than ten percent (10%) of the lot size and not more than fifty percent (50%) of the size of the primary residence, to a maximum of 1,200 square feet.

  1. Accessory dwelling units within new structures, attached or detached, shall meet the following requirements:
    1. Conformance with all requirements of the zone in which the unit is located, except as identified herein;

    1. Provision of one (1) additional paved off-street parking space for each bedroom in the proposed accessory dwelling unit. Such parking spaces may be tandem ancl/or located in the required front yard setback area if in compliance with the paved parking standards listed in Section 17.140.160. No additional parking is required with any of the following;

      1. Unit is located within % mile of public transit, including transit and bus stations;

      1. Unit is part of an existing prima1y residence or an existing accessory structure;
      1. There is a car share program located within one block of the accessory dwelling unit.
    1. An accesso1y dwelling unit may be attached to the existing dwelling unit or detached from it;

    1. In accordance with Health and Safety Code requirement, no fire sprinkler system is required unless provided for in the primary residence. If an accessory dwelling unit is attached to the primary single-family dwelling, a firewall separation between the units

shall be required in conformance with the California Building Code;

    1. No minimum size shall be required for an accessory dwelling unit. Minimum standards will be applied through the building code;

    1. Limited in size in accordance with section B.1.d. above;
    1. Attached covered patios, porches and similar covered areas intended to be used by the occupant of the accessory dwelling unit, except for a garage or carport, shall be limited to a maximum 10 percent of the floor area of the proposed unit;

    1. The proposed accessory dwelling unit shall be constructed of similar building materials and with a similar architectural style to the primary dwelling unit;

    1. 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. Junior accessory dwelling units shall meet the following requirements:
    1. Shall not exceed an area of 500 square feet;
    1. Shall be created within the existing walls of the primary dwelling and include a bedroom;

    1. Shall include a separate exterior entry from the primary residence;

    1. Shall include an efficiency kitchen that consists of:
      1. A sink with a maximum waste line diameter of one-and-a­ half (1.5) inches;
      1. A cooking facility with appliance which do not require electrical service greater than one-hundred-and-twenty

(120) volts or natural or propane gas; and

      1. A food preparation counter and storage cabinets that are reasonable to the size of the unit.
    1. No additional parking shall be required for the junior accessory dwelling unit.
        1. Standards of Performance. Every accessory and junior accessory dwelling unit approved by this title shall meet the following standards of performance:
          1. The property owner must occupy one (1) of the units. Should this requirement not be honored by the property owner, it will be cause to have the accessory or junior accessory dwelling unit removed in accordance with appropriate procedures;

          1. A notice of restriction shall be recorded so that it appears in the chain of title for the property. A building permit will not be issued without proof of recordation of the notice of restriction.

          1. The unit shall not be sold separate from the primary residence.
          1. Tenancy shall not be less than 30 days.
        1. Special Exemption from City Standards. Notwithstanding other provisions of this title, the addition of an accessory or junior accessory dwelling unit on a lot as provided under this section of and by itself will not initiate requirements for any new or updated standards relating to the existing residential structure. Such standards or requirements that would otherwise apply will be deferred until the normal operation of those other city code sections come to apply to such property. Such deferral of new or updated standards will not be granted for any building or portion thereof that was constructed illegally, nor will such deferral be granted for required public improvements. It is the clear intent of this subsection that the existing standards which were legally provided on the existing residential structure may remain as they were prior to the construction of the second-family unit.

Section 12. Section 17.140.210 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby repealed.

Section 13. Section 17.140.210 of Chapter 17.140 of Title 17 of the El Cajon Municipal Code is hereby added to read as follows:

17.140.210 Residential land use table.

The following table lists uses that may be established in residential zones. The abbreviations used in the land use table shall have the following meanings:

A “A” means “adult entertainment permit”

  1. “C” means “conditional use permit”
  2. “D” means “director’s determination”

MC “MC” means “minor conditional use permit”

MUP “MUP” means “minor use permit” P “P” means “permitted use”

    1. “S” means “site development plan permit”
    2. ‘T’ means “temporary use permit”

Z “Z” means “administrative zoning permit”

X “X” means “not permitted”

In addition to the abbreviated terms listed above, the land use table incorporates endnotes, which are indicated by numerical designators in the final column of the table. The numerical designators correspond with written notes listed at the bottom of the table. The notes provide additional information and direct readers to other applicable sections of the El Cajon Municipal Code.

Table 17.140.210

Residential Land Use Table

Residential Zones PRD RS- 40 RS- 20 RS- 14 RS-9 RS-6 RM- 6000 RM-

4300

RM-

2500

RM- 2200 RM- 1450 RM- HR Notes
Primary Residential Uses (subject to density restrictions)
Congregate care facilitv

x

x

x

x

x

x

x

x

p

p

p

p

Dwellings; attached duplex units or two detached dwelling units

x

x

x

x

x

x

x

p

p

p

p

p

1

Dwellings; up to three detached single-family homes on the same lot,

including common interest developments

x

x

x

x

x

x

p

x

x

x

x

x

2

Dwellings; multi- family, attached or detached, including common interest developments x x

x

x x x x p

p

p

p

p

2

Dwelling; single- family detached p p p p p p p p p p p p

2

Farmworker housing x p p x x x x x x x x x
Foster family home p p p p p p p p p p p p
Foster family institution x c c c c c c c x x x c
Group residential x x x x x x c c c c c c

3