Indio ADU / Granny Flat Ordinance

http://caladu.org/ordinance/indio-10-24-17.pdf

ORDINANCE NO. 1715

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, AMENDING CHAPTER 159 OF THE INDIO MUNICIPAL CODE RELATING TO THE CREATION OF ACCESSORY DWELLING UNITS (FORMERLY SECOND DWELLING UNITS).

WHEREAS, the City of Indio initiated an amendment to the Indio Municipal Code (ZTA 17-02-71) to conform its accessory dwelling unit regulations with recent State law (AB 2299); and

WHEREAS , on March 8, 2017, the Planning Commission conducted a duly noticed public hearing to consider its recommendation on this Ordinance and after receiving public comments, closed the public hearing, and recommended that the City Council adopt this Ordinance; and

WHEREAS , on April 19, 2017, the City Council conducted a duly noticed public hearing to consider adoption of this Ordinance, received and considered the staff report, the Planning Commissions recommendation, and all information, evidence, and testimony presented in connection with the Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA , HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council finds that this Ordinance is consistent with the Indio General Plan 20142021 Housing Element, which provides that accessory dwelling units offer additional opportunities for people of all ages and economic levels, while preserving the integrity and character of single-family residential neighborhoods. This Ordinance will provide additional housing opportunities and is consistent with the intent of AB 2299. The Ordinance includes substantially similar accessory dwelling unit development standards as those described in the Housing Element, with certain changes to comply with standards now imposed by State law. Therefore, the City Council finds that this Ordinance is consistent with the City’s General Plan Housing Element.

Section 2. The subchapter entitled Second Dwelling Units” of Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby renamed “Accessory Dwelling Units and amended in its entirety to read as follows :

uACCESSORY DWELLING UNITS

§ 159.1000 ACCESSORY DWELLING UNIT PURPOSE AND INTENT.

The purpose of these provisions is to establish procedures for permitting an accessory dwelling unit on lots zoned for residential uses; to implement state law requiring consideration for such uses; and to protect and preserve existing neighborhoods by ensuring comprehensive established standards .

§ 159.1001 ACCESSORY DWELLING UNIT DEFINED.

ACCESSORY DWELLING UNIT or ADU means an additional detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family unit is located. The term ADU also

includes an “Efficiency Unit as defined in Health and Safety Code Section 17958.1 and a Manufactured Home as defined in Health and Safety Code Section 18007. Accessory structures are not considered accessory dwelling units.

§ 159.1002 ACCESSORY DWELLING UNIT REQUIREMENTS.

(A) Application Procedure. The Development Services Department shall review an

application for an ADU when it reviews an application for a building permit. Any ADU

that meets the standards of this section shall be ministerially approved by the Director of Development Services or his or her designee.

(8) Permitted Locations. An ADU may only be permitted on lots within a residential zoning district on which there is already built one owneroccupied single-family detached dwelling unit (primary unit).

    1. General Development Standards .
    1. At least one dwelling unit on the property shall be owner-occupied.
    1. Only one ADU shall be permitted on any one lot.
    1. The ADU shall not be sold separately and may be rented.
    1. The ADU may be either an attached or detached unit. An attached or detached ADU shall not exceed 50% of the area of the primary dwelling unit or 800 square feet, whichever is smaller. No ADU shall be smaller in size than an efficiency unit” as defined in Section 17958.1 of Health and Safety Code.

    1. Except as otherwise provided in this subchapter, the lot upon which the ADU is to be established shall conform to all general development standards of the underlying zoning district in which it is located.

    1. A separate address is not required for the ADU.
    1. The ADU shall match or be compatible with the design of the primary unit in terms of landscaping, color, building materials, and exterior treatment.
    1. The ADU is allowed on the side, rear, or front yard of the primary dwelling unit.
    1. The ADU shall provide complete and independent living facilities.
    1. Specific Standards for Attached ADU’s.
    1. The entrance to an attached ADU shall be separate from the entrance to the primary dwelling unit.

    1. When the ADU is constructed in front of the primary dwelling unit, the entrance to the ADU shall be installed in a location where it does not face the front property line and shall not be on the same building elevation as the entrance to the primary dwelling unit.

(E) Specific Standards for Detached ADU’s. A detached ADU must be at least 10 feet away from the primary dwelling unit.

    1. Utility Standards.
    1. The ADU shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services.

    1. The ADU shall not be required to have independent heating and air conditioning systems or separate utility meters from the primary dwelling unit.

  1. Parking Standards.
    1. One independent usable off-street parking space shall be provided for the ADU in addition to the required parking spaces for the primary dwelling unit. This parking space shall comply with all development standards set forth in

§§ 159.653 through 159.657, except that the parking space for the ADU may be located in setback areas or through tandem parking, unless the Director of Development Services finds that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

    1. Notwithstanding subsection (1) above, no additional parking space is required for an ADU that satisfies any of the following: (a) located within onehalf mile of public transit ; (b) located within a architecturally and historically significant historic district; (c) part of the existing primary residence; (d) located in an area where on-street parking permits are required but not offered to the ADU occupant; or (e) located within one block of a car share vehicle.

    1. If a garage, carport, or covered parking structure is demolished in conjunction with construction of the ADU, the off-street parking spaces lost as a result of the demolition shall be replaced on-site. The replacement parking spaces may be located in any configuration on the same lot as the ADU , including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

    1. The driveway access for the ADU shall be fully paved with concrete up to the required parking space(s).

  1. Setback Requirements.
    1. The ADU must be located at least 15 feet from the rear yard property line, except as follows: (a) For an ADU that is constructed above an existing garage, the minimum setback from all property lines is five feet; (b) For an ADU that is converted from an existing garage, no additional setbacks beyond the existing garage setback shall be required, except as may be required by the local building and fire codes.

(2) The applicable rear and side yard setback in the underlying zoning district requirement shall be reduced by 20 percent, except as noted in subsection (H)(1) above.

(I) Height Standards . An ADU shall have a maximum building height of 18 feet or one story, unless the underlying zoning district permits two storystructures and the ADU is constructed above a garage, in which case the maximum height, including the garage, is 25 feet or two stories.

§ 159.1003 ALTERNATE ACCESSORY DWELLING UNIT REQUIREMENTS.

Notwithstanding any other provision of this chapter, the Development Services Department shall ministerially approve a building permit for an ADU if it satisfies all of the following conditions:

(A) The ADU is located in a singlefamily residential zone and is the only ADU located on the single-family lot;

(8) The ADU is contained within the existing space of a single-family residence or accessory structure;

  1. The ADU has independent exterior access from the existing residence; and

  1. The side and rear setbacks are sufficient for fire safety.

§ 159.1004 CONFLICT OF LAWS.

Notwithstanding section 159.070, whenever any provision of this chapter covers the same subject matter, overlaps, conflicts with or is contradictory to any provision in this subchapter, the provision in this subchapter shall control.

Section 3. CEQA. The City Council hereby finds that this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080 .17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h).

Section 4. Severabili ty. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

vote:

PASSED, APPROVED AND ADOPTED this 3rd day of May, 2017 , by the following

AYES: Miller, Strange, Ramos Watson, Wilson, Holmes NOES: None

ATTEST:

CYNTHIA HE CITY CLERK

ELAINE HOLMES, MAYOR CITY OF JNDIO