Gardena ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Gardena-08-22-2017.pdf

ORDINANCE NO. 1778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA AMENDING THE ZONING PROVISIONS OF THE GARDENA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW

WHEREAS, there is a shortage of affordable housing in California which causes people to drive longer distances to work or to double-up on housing space which impacts the quality of life and creates negative environmental impacts; and

WHEREAS, one way to combat this problem is through the construction of accessory dwelling units (also known as second units, in-law units, and granny flats); and

WHEREAS, in order to encourage the construction of accessory dwelling units, the State Legislature has amended Government Code section 65852.2; and

WHEREAS, if the City fails to amend its second-dwelling unit ordinance, the provisions of State law will prevail; and

WHEREAS, the City desires to amend its regulations of second-dwelling units, now known as accessory dwelling units; and

WHEREAS, it is necessary to preserve the High Density Multiple-Family Residential Zone (R-4) for the development of multi-family units at a minimum of 20 units per acre as specified in Section 18.18.020, which zoning was required by the Department of Housing and Community Development as part of the City’s Housing Element approval and therefore it would defeat this purpose to allow second dwelling units to be placed on R-4 property that was only developed with a single-family home except under specified circumstances; and

WHEREAS, the residential specific plan developments in Gardena are for small lot homes which would not support an accessory dwelling unit;

WHEREAS, on June 6, 2017 the Planning and Environmental Quality Commission held a duly noticed public hearing on this Ordinance after which it adopted a Resolution

Ordinance No. 1778

recommending that the City Council adopt this Ordinance and direct staff to file a notice of exemption; and

WHEREAS, on July 25, 2017, the City Council held a duly noticed public hearing on this Ordinance;

NOW, THEREFORE, THE CITY OF GARDENA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 18.04.163 of the Gardena Municipal Code is hereby amended to read as follows:

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“Accessory dwelling unit” or “accessory unit” shall mean an attached or 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 facilities on the same parcel of land as the single-family dwelling. Accessory dwelling units includes efficiency units as defined in Health and Safety Code Section 17958.1 and manufactured homes as defined in Health and Safety Code Section 18007.

SECTION 2. Section 18.12.020 of the Gardena Municipal Code is hereby amended to read as follows:

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The following uses shall be permitted in the R-1 zone and other such uses as the commission may deem to be similar to those listed and not detrimental to the public health, safety, and welfare:

  1. Single-family dwellings and accessory buildings customary to such uses located on the same lot or parcel of land;
  1. Home occupations subject to the provisions of Chapter 18.56;
  1. Parks, playgrounds, and public buildings;

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Ordinance No. 1778

  1. Family day care homes; provided, a large family day care home shall be permitted subject to approval of a home occupation permit pursuant to Chapter j_(L5E) of this code;

E. Mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code of the state. Further, such mobile homes shall be occupied only as a residential use type and shall be subject to any and all property development standards of the zone;

  1. Accessory dwelling unit, as defined in Section 18.04.163 and subject to property development standards set forth in Chapter 18.13;

  1. Residential group facility;

  1. Transitional housing, subject only to those restrictions that apply to other residential dwellings of the same type in this zone;
  1. Supportive housing, subject only to those restrictions that apply to other residential dwellings of the same type in this zone.

SECTION 3. Section 18.12.050 P of the Gardena Municipal Code is hereby deleted:

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The property development standards set forth in this section shall apply to all land and buildings in the R-1 zone.

* * *

P. [Deleted]

SECTION 4. Section 18.40.040A of the Gardena Municipal Code is hereby amended to read as follows:

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The various land uses specified in this section shall provide a minimum of off-street parking in conformity with the requirements of this section. When the application of this section requires a fractional part of a parking space, such fraction, if below the five-tenths

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Ordinance No. 1778

breakpoint, shall be rounded downward to the nearest whole number, and, if such fraction is at or above the five-tenths breakpoint, it shall be rounded upward to the nearest whole number.

Use

Number of Parking Spaces Required

  1. Residential:

Single­ family:

Two-car garage.

Two Family Two spaces in a garage or in an and enclosed parking facility, per Multiple- dwelling unit.

family dwellings:

Mobile home parks:

Two spaces per mobile home or trailer on the same space where the mobile home or trailer is located.

Accessory See Chapter 18.13 Dwelling

Units

SECTION 5. Chapter 18.13 is hereby added to the Gardena Municipal Code to read as follows:

Chapter 18.13 Accessory Dwelling Units

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Ordinance No. 1778

    1. Purpose.
        1. The purpose of this Chapter is to provide for accessory dwelling units on lots developed with an existing single-family dwelling in accordance with the provisions of State Jaw.

  1. For purposes of this Chapter, the existing single-family dwelling is considered to be the “primary unit.”
  1. In cases of conflict between this Chapter and any other provision of Title 18, the provisions of this Chapter shall prevail.

    1. Zones Allowed.
        1. Accessory dwelling units shall be allowed on all legally existing residentially zoned lots where only a single-family exists in the: single-family residential zone (R-1); low-density multiple-family residential zone (R-2); the medium-density multiple-family residential zone (R-3), and the home business (H-B) zone.

  1. New accessory dwelling units shall not be allowed on any lot used for residential purposes that lies within a Specific Plan area.

  1. New attached and detached accessory dwelling units shall not be allowed in any high-density multiple-family residential zone (R-4) unless such accessory unit is located within an existing accessory structure or above a garage and complies with all other requirements of this Chapter.

  1. Accessory dwelling units in the home business (H-B) zone shall only be permitted on legal conforming Jots where the only use on the lot is a single family home and no business exists.

    1. General Requirements.
        1. An accessory dwelling unit may only be constructed on a lot which contains an existing single-family dwelling.
  1. Only one accessory dwelling unit may be allowed per lot.

Ordinance No. 1778

  1. The lot on which the accessory dwelling unit is to be constructed must be a legally existing lot with a minimum size of 5,000 square feet.

  1. Accessory dwelling units shall not be sold separate from the primary residence.

  1. Accessory dwelling units may be rented independently of the primary unit. However, in the R-1 zone, the owner of the property must be an occupant of either the primary unit or the accessory dwelling unit in order for one of the two units to be rented and a covenant shall be recorded to this effect in a form approved by the City Attorney.

  1. Accessory dwelling units may be located in any of the following places:
    1. Attached to the existing dwelling;
    1. Located within the living area of the existing dwelling; or
    1. Detached from the existing dwelling, but located on the same lot as the existing dwelling.
  1. No accessory dwelling unit, or the primary dwelling unit on the same lot on which an accessory dwelling unit is located, shall be rented out for less than thirty (30) consecutive calendar days. A covenant shall be recorded to this effect in a form approved by the City Attorney.

  1. No accessory dwelling unit shall be allowed if the Building Official determines that there is not adequate water or sewer service to the property.

  1. All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code section 66000 et seq. and section 66012 et seq.

H. Accessory dwelling units shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning designation for the lot.

Ordinance No. 1778

    1. Development Regulations
        1. A detached accessory dwelling unit shall be located to the rear of the existing single-family dwelling.

        1. An accessory dwelling unit, whether attached or detached, shall be consistent in architectural style with the existing single-family dwelling and standards for residential uses in the adjacent residential community.

        1. No passageway as defined in Government Code Section 65852.2(i) shall be required for the construction of an accessory dwelling unit.

        1. Accessory dwelling units shall comply with all appropriate building code requirements. However, fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary dwelling unit.

        1. Size
          1. The floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area or 1,200 square feet, whichever is less.
          1. The total floor area for a detached accessory dwelling unit shall not exceed 75 percent of the existing dwelling unit or 1,200 square feet, whichever is less.
          1. No accessory dwelling unit shall be less than the size required to allow an efficiency unit pursuant to Health and Safety Code section 17958.1.
        1. Setbacks. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

          1. No setback shall be required for a legally existing garage that is converted to an accessory dwelling unit.
          1. A five foot setback from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an existing garage.

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Ordinance No. 1778

          1. A five foot setback shall be required from all side lot lines for any new accessory dwelling unit.

          1. A ten foot setback shall be required for all rear lot lines for any new accessory dwelling unit.

          1. A detached accessory dwelling unit shall be at least six feet from all other structures on the lot or on any adjacent lot.

        1. Parking.
          1. Parking shall be required at the rate of one space per each bedroom of the accessory dwelling unit. Efficiency and studio units shall be required to have one parking space.

          1. Parking spaces for accessory dwelling units may be provided through tandem parking on an existing driveway provided that such parking does not encroach into the public sidewalk.

          1. Parking spaces for accessory dwelling units may be provided in paved portions of setback areas, provided that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this Title.

          1. When a garage, carport, or covered parking structure is demolished or converted in the conjunction with the construction of an accessory dwelling unit, such parking spaces must be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to: covered spaces; uncovered spaces; or tandem spaces. Parking may also be provided through the use of a mechanical automobile parking lift.

          1. Tandem parking and parking in setback areas shall not be allowed if the Community Development Director makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions.

          1. Notwithstanding any other provision of this subsection G, no parking shall be required for the accessory dwelling unit if any of the following conditions apply:

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Ordinance No. 1778

            1. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop;
            1. The accessory dwelling unit is located within an architecturally and historically significant historic district;
            1. The accessory dwelling unit is part of 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; or
            1. When there is a car share vehicle located within one block of the accessory dwelling unit.
        1. Utilities.
          1. All utility installations shall be placed underground.
          1. Water and sewer service to the site and the accessory dwelling unit shall be adequate.

          1. For an accessory dwelling unit contained within an existing single- family home or an existing accessory structure in the single-family residential zone, the City shall not require the installation of a new or separate utility connection between the accessory dwelling unity and the utility or impose a connection fee or capacity charge.

          1. For all other accessory dwelling units other than those described in subsection H.3 above, the City shall require a new or separate utility connection between the accessory dwelling unit and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures. A separate sewer lateral shall be required for the second unit and separate electric and water meters shall be required for the second unit.

        1. The number of curb cuts allowed shall be governed by the underlying zoning regulations.

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Ordinance No. 1778

        1. New construction. An applicant shall be allowed to build an accessory dwelling unit in conjunction with construction of a new single-family home. In such case, parking for the new single-family home shall be required in accordance with Gardena Municipal Code section 18.40.040A.

        1. An applicant may apply for an Administrative Site Plan Review by the Community Development Director pursuant to Gardena Municipal Code section 18.44.020(C) and (D) in order to turn an existing single-family residence into the accessory dwelling unit and develop a new primary dwelling unit elsewhere on the lot. In such case the existing single-family residence must meet all requirements of this Chapter relating to accessory dwelling units, including size limitations.

    1. Processing of Accessory Dwelling Unit Permits.
        1. A permit for an accessory dwelling unit shall be approved by the Director of Community Development or his designee for any accessory unit that meets the requirements of this Chapter.

        1. An application for an accessory dwelling unit shall be acted upon within 120 days after receipt of a complete application.

SECTION 5. The City Council finds that the adoption of this Ordinance is required by the public necessity, convenience, general welfare, and good land use and zoning practices to bring the City’s accessory dwelling units into conformance with State law while making allowed modifications to best suit the needs of Gardena.

SECTION 6. CEQA. This Ordinance is exempt to CEQA pursuant to CEQA Guidelines section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding second units to implement the provisions of Section 65852.1 and 65852.2 of the Government Code.

SECTION 7. Effective Date. This Ordinance shall take effect on the thirty-first day after passage.

SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of

this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.

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