Fountain Valley ADU / Granny Flat Ordinance

http://caladu.org/ordinance/fountain-valley-12-14-2017.pdf

December 14, 2017

C I T Y O F F O U NT A I N V A L L E Y

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PLANNING DEPARTMENT

10200 SLATE R A VENU E · FOU NTAI N /’A L L EY , CA 927084736 (714) 5934 ./25 . FAX: (7 1-1) 593 -1525

Mr. Greg Nickless

Housing & Community Development 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833

SUBJECT: City of Fountain Valley ADU Ordinance No. 1527

Dear Mr. Nickless:

Enclosed please find the City of Fountain Valley’s adopted ordinance for Accessory Dwelling Units {ADU’s). The City Council adopted Ordinance No. 1527 relating to ADU’s on December 5, 2017.

If you have any questions regarding the enclosed information, please contact me at {714) 593-4431 or via email at steven.ayers@founta invalley.org.

ORDINANCE NO. 1527

AN ORDINANCE OF THE FOUNTAIN VALLEY CITY COUNCIL APPROVING CODE AMENDMENT NO. 17-01 AMENDING THE FOUNTAIN VALLEY MUNICIPAL CODE SECTIONS 21.22.040, 21.08.030, 21.08.040, 21.08.050, 21.90.020, AND ADDING SECTION

21.08.055 REGARDING ACCESSORY DWELLING UNITS

WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and

WHEREAS, on December 7, 2004 the Fountain Valley City Council adopted Ordinance 1362 which revised the secondary dwelling unit development standards; and

WHEREAS, AB 2299 and SB 1069 amended Government Code Sections

65852.2 and 65852.22 to require local jurisdictions to approve a new Accessory Dwelling Unit Ordinance that incorporates the legislative changes to accessory dwelling development and makes existing secondary dwelling ordinances which fail to meet the requirements of the legislation null and void as of the effective date of the enactment of the legislation; and

WHEREAS, AB 2299 and SB 1069 were passed by the State legislature and amended sections 65852.2 and 65852.22 of the Government Code to require local jurisdictions to ministerially consider accessory dwelling units and junior accessory dwelling units without a public hearing; and

WHEREAS, AB 2299 and SB 1069 amended Government Code Sections

  1. and 65852.22 to require local·jurisdictions to submit a copy of the Accessory Dwelling Unit Ordinance to the California Department of Housing and Community Development within sixty days of adoption; and

WHEREAS, the proposed Code Amendment to revise accessory dwelling unit development standards has been publicly noticed in accordance with state law and the Fountain Valley Municipal Code; and

WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment at a duly noticed public hearing on November 8, 2017; and

WHEREAS, the Fountain Valley City Council considered the proposed Code Amendment at a duly noticed public hearing on November 21, 2017.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1

The City Council finds that due notice of the public hearing on November 21, 2017,

conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California.

SECTION 2

Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows

    1. The proposed amendment to the Fountain Valley Municipal Code ensures and maintains internal consistency with the actions, goals, objectives and policies of the general plan, and would not create any inconsistencies with the Fountain Valley Municipal Code;

    1. The proposed amendment to the Fountain Valley Municipal Code would not be detrimental to the public convenience , health, interest, safety or welfare of the city;

The proposed amendment to the Fountain Valley Municipal Code has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures. The City Council finds that Code Amendment No. 17-01 is exempt from environmental review under CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a “project” for CEQA purposes, and environmental review is not required prior to approving individual applications; and

    1. The proposed amendment to the Fountain Valley Municipal Code is internally consistent with other applicable provisions of the Fountain Valley Municipal Code.

SECTION 3

The City Council hereby finds that Code Amendment No. 17-01 is consistent with the Fountain Valley General Plan.

SECTION 4

Fountain Valley Municipal Code Section 21.22.040 is amended as follows:

‘(

      1. Number of parking spaces required.

Each use shall provide at least the minimum number of parking spaces required by this chapter.

        1. Parking Requirements by Land Use. Each land use shall be provided the number of parking spaces required in Table 3-3, except where a greater number of spaces is required through land use entitlement approval, where an exception has been granted through approval of a variance in compliance with Chapter 21.50, or where an adjustment to the

parking requirements has been approved by the planning commission through a conditional use permit as provided for in Section 21.22.050.

        1. Multi-Tenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site was developed comprehensively as a shopping center, the parking ratio shall be that required for the shopping center as a whole as provided in Table 3-3, unless an adjustment to the parking requirements has been approved by the planning commission through variance in compliance with Chapter 21.50, or where an adjustment to the parking requirements has been approved by the planning commissions through a conditional use permit as provided for in Section 21.22.050.

        2. Uses Not Listed. Land uses not specifically listed in Table 3-3 (Parking Requirements by Land Use) of this section shall provide parking as required by the director. The director shall use the requirements of Table 3-3 as a guide in determining the minimum number of parking spaces to be provided, and shall make the following findings:

          1. That field investigations disclose that the subject use and its operations are compatible to one or more uses under which the parking area is designated;

          2. That the proposed parking area requirements will adequately serve the intended use and be located in a manner to protect the public health, peace, safety and general welfare.

        3. Bench or Bleacher Seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be not less than eighteen inches of continuous bench space for the purpose of calculating the number of required parking spaces.

TABLE 3-3

PARKING REQUIREMENTS BY LAND USE

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Ten nis/racquetball/handball or other courts 2 spaces for each court, plus 1space for each 300 sq.

ft. offloor area for ancillary uses.

Land Use Type: Residential Uses Vehicle Spaces Req uired
Group quarters (including boardi ng houses, rooming houses, dormitories and organizational houses) 1space for each sleeping room or 1space for each 2 beds, whichever is greater.
Mobile home parks 2 covered spaces in conjunction with each mobile home pl us 1space for each 5 mobile homes, the latter to be provided in the mobile park separate from the mobile home spaces.
Multi-family dwellings, duplex u nits, condominiums and other attached dwellings Studio, bachelor or 1bedroom unit: 1.5 spaces for each u nit with 1space per unit in a garage/carport.
2 or more bedroom units: 2 spaces for each unit plus

0.5 additional spaces for each bedroom over 2, 1 enclosed space per 2 bedroom unit and 2 enclosed spaces for 3 or more bedroom units.

Guest parking: 25% of total required spaces.*
Mixed-use developments Determined by conditional use permit.
Accessory Dwelling Units 1space per unit or per bedroom, whichever is less. See Section 21.08.055 for more information.
Senior housing projects 1space for each unit with half the spaces enclosed, plus 1guest parking space for each 10 units.
Senior congregate care facilities 0.5 space for each residential unit, plus 1space for each 4 units for guests.
Single-family

1to 4 bedrooms

2 enclosed spaces
5 bedrooms and more, or more than 4,000 sq. ft. gross 3 enclosed spaces
La nd Use Type: Retail Trade Vehicle Spaces Required
Automobile, mobile home, vehicle, machinery and parts sales 1space for each 800 sq. ft. of gross floor area.
Banks and financial services 1space for each 300 sq. ft. of gross floor area.

Building materials, furniture stores, ha rdwa re stores 1space for each 300 sq. ft. of gross floor area, pl us 1 and plant n u rseries space for each 1,000 sq. ft. of outdoor sales area.

Convenience stores 1space for each 200 sq. ft. of gross floor area.

Resta u rants such as fast food, cafes, cafeterias, nightclubs, taverns, lounges or simila r establish ments for the consum ption of food and beverages on the premises

Less tha n 1,000 sq. ft. of gross floor area 1space for each 150 sq. ft. of gross floor area, pl us 1

space for each 100 sq. ft. of outdoor dining area, plus 1space for each 35 sq. ft. of dance floor area.

1,000 sq. ft. or greater, but less tha n 4,000 sq. 1space for each 100 sq. ft. of gross floor area, plus 1

ft. of gross floor area space for each 100 sq. ft. of outdoor dining area, pl us 1space for each 35 sq. ft. of dance floor area.

4,000 sq. ft. or greater of gross floor area 40 spaces, plus 1space for each 50 sq. ft. of gross

floor area in excess of 4,000 sq. ft., pl us 1space for each 100 sq. ft. of outdoor dining area, pl us 1space for each 35 sq. ft. of dance floor a rea.

Retail sales and services

Less than 5,000 sq. ft. of gross floor area 1space for each 200 sq. ft. of gross floor area. 5,000 sq. ft. or greater but less tha n 20,000 25 spaces, pl us 1space for each 150 sq. ft. of gross

ft. of gross floor area floor area in excess of 5,000 sq. ft.

sq.

20,000 sq. ft. or greater of gross floor area 25 spaces, pl us 1space for each 150 sq. ft. of gross

floor area in excess of 5,000 sq. ft., plus 1space for each 100 sq. ft. of gross floor area in excess of 20,000 sq. ft.

Shopping centers (neigh borhood, comm unity, 5.5 spaces for each 1,000 sq. ft. of gross floor area and regional) with up to 20% a llowed for resta u ra nts, theaters,

fitness centers and medical uses.

Specialized sporting good store 3 spaces per 1,000 sq. ft. of gross floor area.

Land Use Type:

Service Uses Vehicle Spaces Req uired

Consumer products: repair and maintenance 1space for each 250 sq. ft. of gross floor area. Copy and reproduction centers 1space for each 400 sq. ft. of gross floor area.

Depots: bus, freight or rail Determined by conditional use permit.

Emergency shelter An emergency shelter shall provide off-street pa rking at a ratio of 1space per 4 beds and/or 0.5 spaces per bedroom designed as a family u nit with children, plus

1per staff member.

[

Eq uipment rental 1space for each 300 sq. ft. of floor area, pl us 1space for each 1,000 sq. ft. of outdoor use area.
Hotels 1space for each guest room up to 40 guest rooms, plus 1additional space for each 2 rooms over the first 40 rooms.
Kennels, animal boarding and veterinary clinics 1space for each 500 sq. ft. of gross floor area, pl us 1 space for each 800 sq. ft. of boarding area.
La undries and dry cleaning plants 1space for each 1,000 sq. ft. of gross floor area.
Motels 1space for each sleeping or living unit, and 1cargo trailer space for each 5 guest rooms.
La nd Use Type: Service Uses (cont’d) Vehicle Spaces Required
Medical services

Clinics, medical/dental offices

1space for each 143 sq. ft. of gross floor area.
Board and care homes, group home care facilities, and in-patient drug treatment facilities 1space for each 5 beds.
Convalescent hospital 1space for each patient bed the facility is licensed to accommodate, plus 1space for each 400 sq. ft. of office area.
Hospitals 1space for each 3 patient beds the facility is licensed to accommodate plus required spaces for ancilla ry uses as determined by the director.
Medical/dental labs 1space for each 250 sq. ft. of gross floor area.
Mortuaries and funeral homes 1space for each employee, plus 1space for each 50 sq. ft. of assembly area or 1space for each 3 fixed seats, whichever amount is greater.
Offices, administrative, corporate 1space for each 250 sq. ft. of gross floor area.
Offices, not providing on-premises customer service 1space for each 400 sq. ft. of gross floor area.
Personal services

Ba rber/beauty shops (and other personal services: tattoo studios, massage therapy)

1space for each 150 sq. ft. of gross floor area.
Pet groomi ng 1space for each 400 sq. ft. of gross floor area.
Service stations (including multi-use stations) 1space for each 250 sq. ft. of gross floor area; plus 3 spaces for each service bay. For ancillary uses (convenience stores, restaurants, car washes) 50% of the pa rking provided at pump isla nds may be credited toward meeting parking requirements.
Single room occupancy Single occupancy rooms shall be parked at 0.5 spaces per room. Double occupancy rooms shall be parked at 1space per room, plus 1per staff member.
Storage, personal storage facilities 1space for each 1,000 sq. ft. of gross floor area, but not less than 6 spaces, plus 2 spaces for manager office/ residence.
Vehicle repair and maintenance

Repair garage

1space for each 350 sq. ft. of gross floor area.
Self-service vehicle washing 2 spaces for each washing stall, for queuing and drying.
Full-service vehicle washing 1space for each 250 sq. ft. of gross floor area, plus 10 spaces for each wash lane for drying area.

* Guest parking spaces shall be clearly marked for guest parking only and shall be dispersed throughout the development site.

Signs shall be provided at appropriate locations to direct visitors to guest parking locations.

SECTION 5

Fountain Valley Municipal Code Section 21.08.030 is amended as follows:

21.08.030 Residential zoning district land uses and permit requirements.

Table 2-2 identifjes the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this title may also apply.

TABLE 2-2

Allowed Uses and Permit Requirements for Residential Zoning Districts p Permitted Use

CUP Conditional Use Permit required

Use not allowed

PERMIT REQUIRED BY DISTRICT

LAND USE (1)

R1 GH R2 R3 R4 Specific Use

Regulations