Fullerton ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Fullerton-09-18-2017.pdf

CITY OF FULLERTON

Community Development Department

August 24,2017

Cal fornia Department of Housing & Community Development 2020 West El Camino Avenue

Sacramento, CA 95833

Hello,

Enclosed is the City of Fullerton adopted accessory dwelling unit ordinance. Iam sending this to HCD in accordance with instructions per the December 2016 Accessory Dwelling Unit Memorandum. If you have any questions about the ordinance,please feel free to contact me at joanw@ci.fullerton . ca. us or at (714) 7386837.

Iwould appreciate your confirmation of receipt of this document via contact information above. Best Regards,

Senior Planner

THE EDUCATION COMMUNITY

303 West CommonwealthAvenue. Fullerton. California 928321775 (714) 738-6547 Fax (714) 738-3110 Web Site:www.ci.fullerton.ca.us

Housing Policy Department Received on:

9

ORDINANCE NO. 3247

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO THE FULLERTON MUNICIPAL CODE CHAPTERS 15.04 ANO 15.17 TO UPDATE THE ZONING ORDINANCE PROVISIONS PERTAINING TO ACCESSORY DWELLING UNITS IN SINGLE AND MULTIPLE FAMILY ZONES IN ACCORDANCE WITH NEW STATE LEGISLATION THAT AMENDED CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22

PRJ16-00410 LRP1600012 APPLICANT:CITY OF FULLERTON

RECITALS:

  1. WHEREAS a Resolution of Intention was adopted by the City Councilof the City of Fullerton, California on November 15, 2016, authorizing an amendment to Fullerton Municipal Code Chapters 15.04 and 15.17 to update current standards for Limited Second Dwelling Units to be consistent with new Statelaw provisions, under which such units are now renamed as “Accessory Dwelling Units.

  1. WHEREAS the State of California identifies housing construction as a statewide priority and the legislature has adopted numerous refonns and incentives to facilitate and expedite its production. Changes to State law which became effective on January 1, 2017 were adopted to reduce barriers and streamline approval to encourage the development of accessory dwelling units.

  1. WHEREAS accessory dwelling units on residential properties provide additional infill opportunities to create new rental housing stock and as such, are recognized by the state as an essential component of housing supply.

  1. WHEREAS Fullerton Municipal Code Chapters 15.04 and 15.17 define and regulate accessory dwelling units in accordance with prior State law provisions and this amendment will update the Fullerton Municipal Code to comply with current State law pursuant to SB1069, AB 2299 and AB 2406.

  1. WHEREAS the Planning Commission of the City of Fullerton, California held a duly noticed public hearing in compliance with FMC 15.72.040 and as required by law for PRJ1600410 and LRP16-00012 on said matter.

  1. WHEREAS the Planning Commission of the City of Fullerton, California recommended approval of an amendment to Fullerton Municipal Code Chapters

15.04 and 15.17 to update the City’s Zoning Ordinance to comply with current State law provisions for accessory dwelling units.

  1. WHEREAS the City Council held a duly noticed public hearing in compliance with FMC 15.72.060 and as required by law for PRJ16-00410 and LRP16-00012 on said matter.

RESOLUTION

NOW THEREFORE, BE IT FOUND AND DETERMINED AND RESOLVED by the City

Council Commission of the City of Fullerton, California as follows:

  1. In all respects as set forth in the Recitals of the Resolution.
  1. The City Council finds as follows:
    1. Finding: That the proposed Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance and General Plan.

Fact: The amendment is authorized by FMC Chapter 15.72. The City Counciladopted a Resolution of Intention on November 15, 2016, to update the Municipal Code to comply with new State laws pertaining to accessory dwelling units.

Fact: The amendment supports the following Overarching Policy of the General Plan:

Overarching Policy OAP1: Comply with State and Federal Laws and

regulations while maintaining local control in decision making.

Fact: The amendment supports the following Fullerton Plan policy:

Policy Action 3.4: Facilitate Infill Development including encouragement of housing affordable to very-low, low- and moderate income households through a menu of regulatory incentives.

    1. Finding: That the proposed Zoning Ordinance promotes the public health, safety and welfare of the community.

Fact: The amendment provides incentives for creation of new housing units to address existing demand for housing, including rental housing for lower income households.

Fact: The amendment provides for new infill housing in the form of accessory dwelling units and junior accessory dwelling units within existing neighborhoods, which can result in the reduction of urban sprawl and the environmental effects of long distance commuting, by providing opportunities for new housing in closer proximity to job centers.

  1. The City Council hereby finds and determines that the Accessory Dwelling Unit ordinance amendment qualifies for a statutory exemption from the provisions of

the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15282(h). This Section establishes a specific exemption for ordinances regarding second units in single-family or multifamily residential zones to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code.

THEREFORE , the City Council of the City of Fullerton does hereby APPROVE Ordinance Amendment LRP16-00012 including modifications to Fullerton Municipal Code Chapters 15.04 and 15.17 as follows:

FMC 15.04.040

DELETE THE DEFINITION OF DWELLING.LIMITED SECOND” ADD THE FOLLOWING DEFI NI TIONS:

DWELLING UNIT, ACCESSORY means an attached or detached residential dwelling unit which provides complete independent living accommodations and facilities for one or more persons, which includes permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as a legally established single-family dwelling. It shall have the same meaning as “Accessory Dwelling Unit” as that term is defined in California Government Code Section 65852.2(i)(4), as it may be amended from time to time.

DWELLING UNIT, DETACHED ACCESSORY means an accessory dwelling unit that

is constructed as a separate structure on the property not attached to either the primary residence or an existing accessory building.

DWELLING UNIT, ATTACHED ACCESSORY means an accessory dwelling unit that is constructed as an addition to the primary residence or an existing accessory building on the property.

DWELLING UNIT, JUNIOR ACCESSORY means an accessory dwelling unit no more than 500 sq. ft. in size, created from existing space within a single family residence, and which has an entrance to the outside and to the primary residence. It must have cooking facilities, but is not required to have a private bathroom.

MODI FY Table 1 5.1 7.020.A:

CHANGE THE LISTING UNDER RESIDENTIAL USES FROM “Limited Second

Dwelling Unit” TO “Accessory Dwelling Unit, including Junior Accessory Dwelling Unit” AS BELOW:

Table 15.17.020.A

Permitted Uses in Residential Zone Classifications

Refere R1/ R 2/ R-3/

nee

15.17.0

R- R- R-G

R· R- R-4 R-5 R-MH 3R

RESIDENTIAL USES

30 1P 2P 3P

Accessory Dwelling See

Unit, including 15.17.1

Junior Accessory

Dwelling Unit 00

DELETE SECTION 15.17.100IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING:

15.17.100. Accessory dwelling units.

A Intent:

The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The California state legislature has declared that accessory dwelling units are a valuable form of housing in California. It is the intent of the City to permit an accessory dwelling unit, in conformance with California state law, on residential zoned lots when subject to development standards that will ensure the unit contributes to a suitable living environment for people of all ages and economic levels , while preserving the integrity and character of the residential neighborhood in

which it is located. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments of established communities with homeowner associations.

B. Applicability and effect:

An accessory dwelling unit which conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the property.

  1. Standards and limitations:

An application for an accessory dwelling unit shall demonstrate compliance with all of the standards and limitations set forth in this subsection, to the satisfaction of the Community Development Director.

    1. Number of accessory dwelling units permitted. No more than one accessory

dwelling unit shall be permitted on a property, in accordance with Table 15.17.020.A.

    1. An accessory dwelling unit shall be permitted pursuant to FMC Table 15.17.020.A (Permitted Uses in Residential Zone Classifications) on a parcel of land which contains no more than one existing single family residence, and where thereis no other accessory dwelling unit on the lot.
    2. Number of bedrooms. An accessory dwelling unit shall contain no more than two bedrooms. For purposes of this section, a bedroom shall have the same definition as in Section 15.04.040. A junior accessory dwelling unit shall be permitted subject to Section 15.17.100.E
    3. Requirements for an accessory dwelling unit created from existing square footage within the primary structure or within an existing accessory building on the property are as follows:
      1. Accessory dwelling units meeting all of the following criteria shall be permitted ministerially, subject to issuance of a building permit.
      2. The accessory dwelling unit is provided independent access from the outdoors, separate from exterior access to the existing residence; however interior access between the primary dwelling unit and accessory dwelling unit may also be provided.
      3. Sufficient side and rear setbacks exist for fire safety.
      1. When an existing garage or other accessory structure is converted to an accessory dwelling unit, no additional building setback is required.
      2. An accessory dwelling unit constructed above an existing garage shall have a minimum setback of five feet from side and rear property lines.

f. When an existing garage is converted to an accessory dwelling unit, replacement parking for the primary dwelling must be provided on the property in the amount specified in this Chapter, and may be located in any configuration on the property, including but not limited to, as covered spaces, uncovered spaces or tandem spaces in the driveway.

    1. Requirements for a newly constructed accessory dwelling unit that is attached to the existing dwelling or an existing accessory building or detached from and located on the same lot as the existing dwelling are as follows:
      1. The accessory dwelling unit shall comply with the development standards contained within Chapter 15.17 applicable to the zone in which it is located (including, but not limited to usable open space, lot coverage, setbacks and height), except when standards specific to accessory dwelling units are contained in Section 15.17.100.
      2. Attached or detached accessory dwelling unit size:
        1. The floor area of a detached accessory dwelling shall not exceed 1,200 sq. ft.
  1. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.
  1. The minimum floor area shall comply with the definition of “Efficiency Unit” pursuant to Section 15.04.040 of this Title.
      1. For the purposes of this section, “living area” means the interior habitable area of a dwelling unit, but does not include a garage or any accessory structure(s)
      2. No passageway or separate entrance shall be required to an attached accessory dwelling unit. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
      3. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property, and shall be in accordance with the following:
        1. One conveniently accessible parking space shall be provided for an efficiency unit (as defined in 15.04.040) or a one bed room accessory dwelling unit
        2. Two parking spaces shall be required for a two bedroom unit. The driveway leading to the parking space(s) shall have a minimum width of nine feet in an R-1P District and 12 feet in any other R-1 district.
        3. Parking spaces may be located in any configuration on the property, including but not limited to, covered spaces, uncovered spaces or tandem spaces.
        4. When a garage, carport or covered parking structure is demolished in conjunction with construction of an accessory dwelling unit, the replacement spaces for the primary residence and parking required for the accessory dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, a garage, carport, covered, uncovered or tandem spaces on an existing driveway.
        5. For purposes of determining the number of parking spaces available on a driveway, each parking space shall have a minimum dimension of nine feet in width and 19 feet in length.
    1. No additional parking for an accessory dwelling unit is required under the following circumstances:
      1. Property is located within one-half mile of public transit. This one-half mile distance is measured based on actual walking route between the ADU and the public transit rather than a straight line between points.
      1. Property is within a designated Landmark District.
      1. The accessory dwelling unit is created out of existing floor area within the existing primary residence or an existing accessory structure.
      1. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
      2. When there is a car share vehicle located within one block of the accessory dwelling unit.

7. The architectural design of an attached or detached accessory dwelling unit shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Community Development Director or his or her designee, and may be subject to review as a Minor Site Plan or Development Project in accordance with Chapters 15.47 or 15.48 respectively. The visual compatibility determination may be appealed to the Design Review Committee.

  1. The applicant for an accessory dwelling unit shall be the owner and occupant of the existing dwelling, and shall certify that the property owner will continue to occupy one of the units on the property, so long as the accessory dwelling unit exists on the property as a habitable structure.
    1. In the event of a hardship, such as the death or disability of the property owner which prevents one of the units from being occupied by the property owner, a property owner or estate representative may apply for a temporary waiver of the owner-occupation requirement for a specific time period to allow occupancy of both dwelling units by a non- property owner pending disposition of the property through probate or non-probate transfer to a new owner, or the cessation of the property owner’s disability which prevents him or her from occupying one of the units on the property. The process for applications for temporary waiver shall be as provided for Minor Exceptions in Chapter 15.66 of the Fullerton Municipal Code. Any such waiver shall specify the period of time for which it is granted, provided that no such waiver may be granted for a period longer than three years.
  2. The applicant shall prepare a Land Use Agreement for the property, subject to review and approval by the Community Development Director, reiterating all pertinent provisions of this section 15.17.100 as the applicable conditions of approval. Once approved, the applicant shall provide an executed and notarized Agreement to the City to be recorded with the Orange County Recorder and future sale of the property shall be subject to the Agreement. This agreement shall be recorded prior to issuance of the occupancy permit for the accessory dwelling unit.
  1. Other provisions:
    1. An accessory dwelling unit that is contained within the existing space of a single family residence or accessory structure, where the accessory dwelling unit has independent exterior access from the existing residence and side and rear setbacks are sufficient for fire safety shall not be considered a new residential uses for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, or impact fees such as park dwelling or traffic.

No new or separate utility connection between the accessory dwelling unit and the utility shall be required.

    1. All other accessory dwelling units may require a new or separate utility connection between the accessory dwelling unit and the utility. Any connection fee or capacity charge shall be proportionate to the burden placed on the water and sewer systems due to unit size or number of plumbing fixtures.
    2. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the two units.
    1. Owner-occupants of existing nonconforming or unpermitted habitable buildings or dwelling units may legalize such existing building as an accessory dwelling unit in accordance with Table 15.17.020A, if the structure meets or can be improved to meet all requirements of Section 15.17.100.
    2. All proposed or existing construction on the lot shall comply with all applicable state or municipal codes including, but not limited to:building, plumbing, electrical, mechanical and energy.
  1. Junior Accessory Dwelling Units shall be subject to the following requirements:
    1. A junior accessory dwelling unit is an accessory unit that is created out of floor area within the existing walls of the primary dwelling unit on a property. It shall not exceed 500 sq. ft. in size and shall include an existing bedroom.
    1. A unit adhering to the provisions of this section shall be ministerially reviewed and subject only to approval of a building permit.

3 There shall be no more than one accessory dwelling unit or junior accessory dwelling unit per residential lot in zones where permitted by Table 15.17.020.A.

  1. The unit shall have its own entrance to the exterior, separate from the main entrance to the primary residence, and shall also have an interior entry to the main living area of the primary residence.

  2. The unit shall include an efficiency kitchen with a sink having a maximum waste line diameter of 1.5 inches, a cooking facility with appliances that do not require electrical service greater than 120 volts or natural or propane gas, a food preparation counter and storage cabinets that are a reasonable size in relation to the size of the accessory dwelling unit.
  1. The unit may contain separate sanitation facilities or may share sanitation facilities with the existing primary residence.
  1. No additional parking shall be required for the junior accessory dwelling unit.