Irvine ADU / Granny Flat Ordinance

http://caladu.org/ordinance/irvine-05-01-2018.pdf

CITY COUNCIL ORDINANCE NO. 18-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING ZONE CHANGE (00729211-PZC) TO AMEND THE ZONING ORDINANCE BY PROVIDING NEW OR REVISED LAND USE/ZONING PROVISIONS RELATED TO APPEALS AND PUBLIC NOTICING PROCEDURES, BOARDING HOUSES, SHORT-TERM RENTALS, ACCESSORY DWELLING UNITS, AND OTHER MISCELLANEOUS STANDARDS; FILED BY THE CITY OF IRVINE COMMUNITY DEVELOPMENT DEPARTMENT

WHEREAS, the City of Irvine has an adopted Zoning Ordinance; and

WHEREAS, the City of Irvine Community Development Department has initiated Zone Change 00729211-PZC to update provisions related to appeals and public noticing procedures, boarding houses, short-term rentals, accessory dwelling units, and other miscellaneous standards; and

WHEREAS, Zone Change 00729211-PZC will improve the functionality of the Zoning Ordinance by ensuring accurate information is contained in the document and by clarifying land uses available to residents, property owners, and business owners; and

WHEREAS, Zone Change 00729211-PZC is considered a “project” as defined by the California Environmental Quality Act (CEQA); and

WHEREAS, Pursuant to Section 4 of the City of Irvine California Environmental Quality Act (CEQA) procedures and Article 5 of the CEQA Guidelines, it has been determined that the proposed project is covered by the General Rule Exemption [Section 15061(b)(3) of the CEQA Guidelines], for projects where it can be seen with certainty that the activity in question will have no significant effect on the environment; and

WHEREAS, with respect to the amendments relating to accessory dwelling units, the Zone Change is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which applies to “[t]he adoption of an ordinance regarding secondary units in a single-family or multifamily residential zone by a city to implement the provisions of Sections 65852.1 and

65852.2 of the Government Code”; and

WHEREAS, the Planning Commission of the City of Irvine has considered information presented by staff and other interested parties at a duly-noticed public hearing held on February 15, 2018 , and has recommended that the City Council approve the Municipal Code amendments (vote 5-0); and

D. The proposed Zone Change is in the best interest of the public health, safety, and welfare of the community.

The Zone Change is consistent with all applicable prov1s1ons of the Zoning Ordinance and is in the best interest of the community’s health, safety, and welfare. The Zone Change is limited to incorporating minor revisions to land use limitations.

E. Based upon information available at the time of approval, adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed Zone Change when development occurs.

The proposed project does not include any specific development. The Zone Change is limited to incorporating minor revisions to land use limitations.

F. If the proposed Zone Change affects land located within the coastal zone, the proposed Zone Change will comply with the provisions of the land use plan of the certified local coastal program.

The project does not include any development within the coastal zone.

SECTION 4. That the City Clerk shall enter this Ordinance into the book of original Ordinances.

NOW, THEREFORE, Based on the above findings, the City Council of the City of Irvine DOES HEREBY APPROVE Zone Change 00729211-PZC, amending the City of Irvine Zoning Ordinance as outlined in Exhibit A.

PASSED AND ADOPTED by the City Council of the Ci

meeting held on the 241

day of April, 2018.

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Section 1-2-1 Definitions:

Boarding House: A residence or dwelling unit, or portion(s) thereof, other than a hotel/motel, wherein two (2) or more rooms are independently rented or there are two

  1. or more separate written or oral rental agreements, leases or subleases or combination thereof, regardless of whether or not the owner, agent or rental manager resides within the residence or dwelling unit. “Boarding House” shall not include a hotel/motel, single room occupancy hotel (SRO), or any structure which provides housing for less than 31 consecutive days, and “Boarding House” shall not include a facility licensed by the State Department of Health Services, the State Department of Social Welfare, or the County of Orange; convalescent homes; or community care or congregate care facilities.

Transit Stop, Major: As defined by California Public Resources Code Section 21155B(b)

Accessory structure: A non-habitable structure detached from the main building, on the same lot, which is incidental and subordinate to the main building or to the use of land. Examples of accessory structures include, but are not limited to, a garden shed, a storage shed, and a child’s playhouse. See also “Cabana,” “Patio/gazebo, solid covered , and “Pool house.” “Residential, second unit” An “accessory dwelling unit” is considered a separate land use.

Bedroom: Any room located in a dwelling unit or accessory dwelling unit that can be used for sleeping purposes designed to provide privacy to the occupant and may include a closet or closet/dressing room opening off of a bedroom. The residential parking schedules differentiate units by number of bedrooms. However, confusion can result from situations where floor plans designate areas such as dens, lofts, studios, game rooms, home offices, libraries, sewing rooms, workshops, or other similar habitable spaces when in actuality the space, due to the way the floor plan is laid out, would be used as a bedroom. The approval body for the proposed use shall determine how many bedrooms are in a unit for the purpose of applying the parking schedules.

Driveway: A driveway provides access from a street or drive to a garage or carport of a residential unit or to a parking area for a commercial, industrial or institutional development.

Dwelling unit: A permanent non-commercial structure or portion thereof , including manufactured structures , designed or used as a residence providing complete, independent living facilities for one family or household containing one or more rooms with living, sleeping, eating, kitchen and sanitation facilities .. Sanitation facilities include a lavatory, toilet, bathtub and/or shower. Structures that meet this definition or “accessory dwelling unit” definition shall be considered either a “dwelling unit” or “accessory dwelling unit” regardless of how they are labeled on the plans (e.g., pool house, casita, cabana, recreation room, guesthouse, art studio) .

EXHIBIT A CC ORDINANCE NO. 18-05

more persons. It shall include permanent provisions for living, sleeping, eating, cooking (i.e., kitchen), and sanitation facilities on the same lot as the single-family dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Building Code Section 1208.4, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. An accessory dwelling unit that is a manufactured home is exempt from any conditional use permit requirement for manufactured structures (over two years). A recreational vehicle does not qualify as an accessory dwelling unit. An accessory dwelling unit may take three forms:

    1. An attached accessory dwelling unit is attached to the principal dwelling unit, having at least one (1) common wall or a common roof with the principal dwelling unit; or

    2. A detached accessory dwelling unit is detached from the principal dwelling unit; or
    3. A repurposed existing space within the principal dwelling unit that is converted into an independent living unit.

(Note to codifier- This new definition for Residential, Accessory dwelling unit replaces existing definition of “Residential, second unit,” in its entirety)

Wet Bar: A single sink with a maximum waste drain line diameter of 1-1/2 inches with no food waste disposer and an under counter/compact refrigerator no greater than 6 cubic feet in size with cabinets and counter top area not exceeding six (6) lineal feet. A wet bar shall not include a refrigerator in excess of six (6) cubic feet in size or a wet bar/prep single bowl sink greater than two (2) square feet in size or a gas, propane or electric stove/range, cook top and/or oven (but may include a microwave oven).

Sec. 2-2-13. Appeal.

A. A decision of the Zoning Administrator or the Director of Community Development with respect to an administrative relief application may be appealed to the Planning Commission within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

B. A decision of the Planning Commission with respect to an administrative relief application may be appealed to the City Council within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

Sec. 2-3-6. Affordable housing credits guidelines.

  1. Credits shall be assigned to applicants of affordable projects or mixed projects with excess affordables, based on the guidelines listed above, for:
    1. The conversion of existing market-rate units to affordable units for a period of at least 30 years;
    2. The extension of the term of affordability of existing affordable units by an additional 40 years; and
  • Government facility (Planning Area 16; Quail Hill).
  • Greenhouse.
  • Health club.
  • Information center.
  • Kennel.
  • Landscaping businesses (Planning Area 4: Lower Peters Canyon).
  • Maintenance facilities and structures (Planning Area 4: Lower Peters Canyon).
  • Manufactured structure (over two years).
  • Manufacturing, light (Planning Area 4: Lower Peters Canyon, Sector 8 only) .
  • Manufacturing of components (Planning Area 4: Lower Peters Canyon, Sector 8 only).
  • Massage establishment and related businesses.
  • Miniwarehouse (Planning Commission approval required in 3.10, Woodbridge) .
  • Model home sales complex .
  • Office, medical.
  • Office, planned unit development (Planning Area 4: Lower Peters Canyon).
  • Outdoor sales.
  • Outdoor storage.
  • Recreational vehicle storage, private.
  • Research and development (Planning Area 4: Lower Peters Canyon).
  • Recreational vehicle storage, public.
  • Restaurant.
  • Restaurant, ABC license “Type 47″ ABC License operating after 12:00 a.m.
  • Restaurant, takeout (Planning Area 4: Lower Peters Canyon).
  • Retail and/or service business, general (except drive-thru).
  • School, commercial.
  • School, private.
  • Small collection facility .
  • Utility building and facility.
  • Vehicle assembly.
  • Vehicle impound yard.
  • Vehicle leasing and rental.
  • Vehicle sales.
  • Vehicle storage.
  • Vehicle wrecking yard.
  • Veterinary service, livestock.
  • Vocational schools (Planning Area 4: Lower Peters Canyon).
  • Warehouse and sales outlet.
  • Warehouse, storage, distribution and ancillary sales outlets (Planning Area 4: Lower Peters Canyon, Sector 8 only).
  • Wireless communication facilities (depending on location, certain classes of antennae may be processed as a minor conditional use permit subject to review and approval by the Zoning Administrator pursuant to the table provided in Section 2.37.5-3) .

B. For all other conditionally permitted uses the Planning Commission shall be the final approval body, with other commissions, as deemed appropriate, acting as advisory bodies.

B. See Chapter 2-5 for information on appealing Zoning Administrator or Planning Commission decisions.

Sec. 2-37-8. Appeal.

A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission approving, denying, or approving in modified form may be appealed to the City Council, within 15 calendar days of the decision in accordance with Chapter 2-5 (Appeal Procedure). The City Council’s decision shall take effect immediately .

Sec. 3-3-1. Land use matrix

  • Specify Short-term rentals as a prohibited use in all zones.
  • Add School, commercial” as a permitted use in 4.9 Lower Peters Canyon Commercial Zone
  • Change Residential, second unit to Residential, accessory dwelling unit” and list in the land use matrix as follows:

Prohibited zones:

    1. Exclusive Agriculture
    2. Development Reserve
    3. Conservation/Open Space Reserve
    4. Preservation
    5. Recreation
    6. Water Bodies
    7. Landfill Overlay
    8. Golf Course Overlay
    9. Orange County Great Park 4.1 Neighborhood Commercial
    1. Community Commercial
    2. Vehicle Related Commercial
    3. Commercial Recreation

4 .9 Lower Peters Cyn. Regional Commercial

5.0 IBC Mixed Use 5.1 IBC Multi-Use

    1. IBC Industrial
    2. IBC Residential
    3. General Industrial
    4. Medical and Science 5.6 Business Park
    1. Institutional

The amendments to Chapter 3 are express restatements of the existing prohibition on short-term rentals in the City.

Sec. 3-25-2. Definitions

The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

      1. “Advertisement” means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a transaction. The provisions of Irvine Code of Ordinances Section 4-6-234. Evidence of doing business shall also apply.

      2. “Code Enforcement Official” shall mean the Manager of Neighborhood Services, Code Enforcement Supervisor, or their designee.

      3. “Residential Zoning District” shall mean all zones within the City of Irvine that support or include residential uses, whether as a permitted use or conditionally permitted use.

      4. “Responsible Party” means any person(s) or entity(ies) that hold(s) legal and/or equitable title to the real property and/or dwelling unit, including any property owner, lessee or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct or cause correction after receiving notice from the City of the violation.

      5. “Short-Term Rental” means a rental or other occupancy of a dwelling unit or part of a dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive calendar days or less.

Sec. 3-25-3. Short-Term Rentals and Advertisement of Short-term Rentals Prohibited

  1. No Responsible Party shall operate or allow the operation of a Short-Term Rental in any Residential Zoning District within the City.

  2. No Responsible Party shall post, publish, circulate, broadcast or maintain any Advertisement of a Short-Term Rental prohibited in any Residential Zoning District within the City.

Sec. 3-25-4. Public Nuisance

Any use or condition caused, or permitted or allowed to exist, continue or remain in violation of any provision of this Chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure § 731 or through any other remedy provided for by law.

Section 3-26-4. Approvals Required

Accessory dwelling units shall be reviewed and subject to the approval of the Director of Community Development or his/her designee through a building permit application upon finding the following conditions have been met:

    1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in this Chapter.

    2. Public and utility services, including emergency access, are adequate to serve both dwellings.

    3. The applicant of the building permit application shall be an owner-occupant.

The Director shall approve or disapprove a building permit for an accessory dwelling unit within 120 days after receiving the complete application.

Section 3-26-5. Development Requirements

Except as modified by this Section, an accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Zoning Ordinance, including but not limited to site coverage, building height, building setbacks, and general development standards, special development requirements, and design criteria.

Each accessory dwelling unit shall comply with the following:

  1. Density Provisions. An accessory dwelling unit that conforms to the requirements of this Chapter shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, and shall be deemed to be an accessory single-family residential use which is consistent with the existing general plan and zoning designation for the lot.

  1. Number of Units Allowed Per Parcel. A maximum of one (1) accessory dwelling unit is allowed on a single lot. An accessory dwelling unit shall not be allowed on a lot with more than one proposed or existing dwelling unit.

  1. Existing Lot/Uses and Construction Timing. An accessory dwelling unit shall be allowed if the existing lot and the proposed or existing dwelling meets the following requirements:

    1. The lot on which the accessory dwelling unit is proposed to be established shall contain one proposed or existing permanent single-family dwelling, and no existing residential second unit (“granny unit” or “in-law unit”), guest house, servant’s quarters or similar facility, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this Chapter. For the purposes of this section “similar facility” shall include a habitable structure for residents, renters, guests and/or household employees located on the same lot as an allowable principal

garage. An accessory dwelling unit constructed above a garage shall not extend outside the footprint of the existing garage. All setbacks shall also comply with all applicable Building Code requirements, whichever is more restrictive.

  1. New Construction over New Ground-Level Garage. A new accessory dwelling unit concurrently constructed entirely and directly over a new ground-level garage shall comply with Zoning Ordinance Section 3-27- 10, Garage and Carport Setback Requirements and all applicable Building Code requirements, whichever is more restrictive. An accessory dwelling unit constructed above a new ground-level garage shall not extend outside the footprint of the garage.

      1. Accessory dwelling units are not eligible for setback variances unless the City initiates a variance for purposes such as street widening .
      1. Accessory dwelling units shall not apply any alternative setback standard(s) approved for the principal dwelling unit.
      1. Accessory dwelling units shall comply with any easements on the lot.
  1. Development Standards. The following development standards shall apply to accessory dwelling units:
    1. Facilities. The accessory dwelling unit shall have a separate exterior entrance independent from the existing principal residence, and shall contain kitchen and sanitation facilities separate from those of the principal dwelling unit.

  1. Utility Services.
    1. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications , water and sewer services, if unused quarter increment decimal addresses are available.

    1. An accessory dwelling unit shall not be considered a new residential dwelling unit for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

    1. An accessory dwelling unit that is contained within the existing space of a single-family residence or accessory structure as defined in subsection 9 below, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility and shall not be imposed a related fee or capacity charge.

  1. Design Standards. An accessory dwelling unit shall conform to the following design standards:

    1. Exterior stairs and doors shall not be visible from any public right-of-way, excluding alleys;

    2. The design, color, material, pitch, and texture of the roof shall be

substantially the same as the principal dwelling unit;

    1. The color, material and texture of all building walls, window types, and door and window trims shall be similar to, and compatible with, the principal dwelling unit;

    2. The architectural style of the accessory dwelling unit shall be the same or similar to the principal dwelling unit, or, if no architectural style can be identified, the design of the accessory dwelling unit shall be architecturally compatible with the principal dwelling unit, and shall maintain the scale and appearance of a single-family dwelling and is in harmony with the neighborhood;

    3. If the accessory dwelling unit is constructed above the principal dwelling unit or garage, all windows and doors shall be designed to minimize the privacy impacts onto the adjacent properties including, but are not limited to, window placement above eye level and/or horizontally off-set to avoid direct alignment with the adjacent property’s windows, and windows and doors located toward the existing on-site residence;

    4. When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the scale, materials and landscaping of the original house that preserve the existing streetscape and character of the surrounding neighborhood;

    5. Adequate access by emergency services to both the primary residence and accessory dwelling unit shall be provided;

    6. Enhanced landscaping and strategically located open space shall be provided to ensure privacy and screening of adjacent properties;

    7. The accessory dwelling unit shall not cause a substantial adverse change as defined in California Public Resources Code Section 5020.1 on any real property that is listed in the National Register of Historic Places and/or California Register of Historic Places.

  1. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For purposes of this section, “passageway” means a pathway that is unobstructed clear to the sky and extended from the street to one entrance of the accessory dwelling unit.

  1. Conversion of Space within Existing Structure. Notwithstanding the provisions of subsections 1-8 above, an accessory dwelling unit shall be permitted if the unit is contained within the existing livable space of a single-family residence or existing accessory structure, has independent exterior access from the existing