La Canada Flintridge ADU / Granny Flat Ordinance

http://caladu.org/ordinance/la-canada-flintridge-11-28-2017.pdf

CITY OF LA CANADA FLINTRIDGE ORDINANCE NO.460

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA CANADA FLINTRIDGE, CALIFORNIA, AMENDING CHAPTER 11.33 TO TITLE 11 OF THE LA CANADA FLINTRIDGE MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING ACCESSORY DWELLING UNITS (ZONE CHANGE 17-02)

WHEREAS, Title 11 of the La Canada Flintridge Municipal Code governs zoning and land use in the La Canada Flintridge; and

WHEREAS, Chapter 11.33 of Title 11 of the La Canada Flintridge Municipal Code sets forth definitions and development standards for Accessory Living Quarters; and

WHEREAS, Assembly Bill (AB) 2299, AB 2406 and Senate Bill (SB) 1069, modifying Government Code Sections 65582.1, 65583.1, 65589.4, 65852.150, 65852.2, 65852.22 and

66412.2, were enacted in September 2016; and

WHEREAS, in order to provide consistency between recently enacted State law and the City’s Zoning Code with respect to Accessory Dwelling Units, City staff has prepared ordinance entitled An Ordinance of the City Council of the City of La Canada Flintridge Amending Chapter 11.33 of Title 11 of the La Caiiada Flintridge Municipal Code to Amend Regulations Governing Accessory Dwelling Units; and

WHEREAS, the proposed ordinance would be applicable City wide to the properties zoned R-1 (Single Family Residential) , R-3 (Multifamily), and RDP (Residential Planned Development) ; and

WHEREAS, on April 25, 2017, the Planning Commission, after notification in the prescribed manner, conducted a public hearing on the proposed ordinance to make recommendations to the City Council regarding the same; and

WHEREAS, following the duly noticed public hearing, the Planning Commission adopted Resolution No. 17-17 recommending that the City Council adopt the proposed ordinance pursuant to the findings set forth in said Resolution; and

WHEREAS, on June 6, 2017, the City Council, after notification in the prescribed manner, conducted a public hearing on the proposed ordinance; and

WHEREAS, based on review of the City’s General Plan, the City Council finds and determines the proposed ordinance is consistent with the General Plan and is in compliance with all applicable provisions of the Zoning Code and other ordinances and regulations of the City;

and

Ordinance No. 460 Page l of 8

WHEREAS, based on review of the City and State CEQA Guidelines, the City Council finds and determines that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15282(h), which states that the doption of an ordinance regarding second units in a single-family or multifamily residential zone to implement the provisions of Section 65852.1 and 65852.2 of the Government Code as set forth in Seeton 21080. 17 of the Public Resources Code; and

WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA CANADA FLINTRIDGE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The City Council finds and determines that the above recita,ls are true and correct and further adopts the findings of the Planning Commission set forth in Resolution No. 17-17.

Section 2. The City Council hereby finds and determines that the proposed ordinance is intended to govern the regulation of accessory dwelling units. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines.

Section 3. Ch.apter 11.33 of Title 11 of the La Caiiada Flintridge Municipal Code is hereby amended and shall read as follows:

CHAPTER 11.33 ACCESSORY DWELLING UNITS

      1. Accessory Dwelling UnitDefmition.

“Accessory dweUing unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons characterized by physical features providing privacy for the occupants separate from the occupants of the primary dwelling unit, including a separate exterior entrance. If detached, it shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single­ family dwelling is situated. If attached, it shares at least one wall with the primary unit and has separate permanent provisions for living, sleeping, eating, cooking and sanitation in the unit, whether or not it is connected to the primary unit by an interior door or hall. An accessory dwelling unit also includes the following:

        1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

B. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

      1. Accessory Dwelling Units Standards.

Notwithstanding any other provisions of this code, accessory dwelling units are a permitted use on each lot in any R-1 zone, overlay zone, R-3 zone or residential planned development (RPD) zone, if all of the following standards are met:

        1. One accessory dwelling unit is allowed per lot.
  1. The lot shall have a minimum lot width of seventy (70) feet, shall be located in one of the following zones, and shall comply with the following schedule for minimum lot area in order to allow an accessory dwelling unit:

Schedule 1Permitted Zones and Minimum Lot Area Required

Underlying Minimum

Zone Lot Area

R-1, R-3, or RPD Less than

10,000 square feet

R-1 10,00019,999 square feet

[ R-1 20,000 or more square feet R-3, or RPD 10,000 or more square feet

Type of Unit Permitted Not Permitted

Attached only Attached or detached Attached only

  1. Accessory dwelling units are permitted on flag lots only if there exists a minimum twenty (20) foot wide legal access way from a street to the lot, and a minimum lot size of ten thousand (10,000) square feet, excluding the area of the access flag staff. The required twenty

(20) foot wide access way for the flag lot may include a legally recorded access easement.

the lot.

  1. Detached accessory dwelling units shall only be sited behind the main house on
  1. Accessory dwelling units are not permitted on any residential lot other than those developed with single-family or multi-family residences.

  1. Accessory dwelling units, including any portion of a pre-existing primary unit which would be incorporated into such accessory dwelling unit, must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permits for the accessory dwelling unit are issued.

  1. The primary and accessory d\:\felling units may be connected to a common, gravity-fed sewage disposal system approved by the Los Angeles County Department of Health Services. Separate systems may be required if a gravity-fed system is not feasible. Ifsewers are

available to the parcel, both the primary and accessory unit must be connected to the sewer service in order to receive a building permit. Further, if access to sewers is provided to the parcel subsequent to the initial issuance of a building permit, the permit shall be subject to connection of both the primary and accessory units to such sewer service.

  1. The accessory dwelling unit must be connected with the primary dwelling unit to common utility meters, including gas, electricity and water. Separate telephone service for the accessory unit is permitted.

I. Any attached accessory dwelling unit must be attached to the living area of the primary unit by a common wall, floor or ceiling and not simply by an attached breezeway or porch. As a guideline, the minimum separation between a primary unit and a detached accessory dwelling unit should be twenty (20) feet.

  1. The accessory dwelling unit, whether attached or detached, must confonn to all setback, floor area, height, and building bulk requirements of the underlying zone. In particular, the combined floor area of the primary house, accessory unit (attached or detached), and all other roofed accessory structures on the property cannot exceed the total allowed floor area/roofed areafor the lot as defined elsewhere in the zoning code. However, no setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

  1. Any accessory dwelling unit which is proposed on a lot which otherwise qualifies as a hillside lot under Chapter 11.35 of the municipal code shall also meet the following requirements . No discretionary review or approval for a hillside development penni_t shall be required.

    1. The total of all floor area on the site, including the accessory dwelling unit, shall not exceed the underlying maximum floor area for the lot size multiplied by the slope factor.

    1. Grading, or any movement of earth, required for the accessory dwelling unit shall not exceed fifty (50) cubic yards.

    1. The vertical height of any finished fill slope created for the purpose of developing an accessory dwelling unit shall not exceed ten feet.

    1. The vertical height of any finished cut slope created for the purpose of developing an accessory dwelling unit shall not exceed ten feet.

    1. For a new driveway or roadway, the maximum total vertical height of any combination of finished cut and fill slopes from grade shall not exceed eight feet. The finished grade of any new driveway shall not exceed an average of seventeen (17) percent, with an absolute maximum grade of twenty (20) percent.

    1. Proposed building sites and/or structures shall not be allowed within one

l hundred (100) feet of a ridgeline or knoll identified in the environmental resources

management element of the general plan, or within fifty feet (50) of a Blue Line stream

identified on a USGS map.

    1. No accessory dwelling unit shall block a watercourse, canyon or streambed .

    1. The accessory dwelling unit shall be sited in a manner which does not block more than twenty-five (25) percent of neighboring views from primary living areas (areas other than bedrooms, bathrooms and hallways).

  1. Any retaining wall less than twenty (20) feet from a building wall shall be considered a part of that building wall for the purposes of calculating building height.

  1. The maximum horizontal dimension of an attached accessory dwelling unit and the primary unit it is attached to shall not exceed one hundred twenty (120) feet.

11. The architectural style and the roof pitch of.the accessory dwelling unit shall match that of the main house.

  1. ·The Light Reflectance Value (LRV) for an accessory dwelling unit shall not exceed fifty (50) percent for walls or fences, or thirty (30) percent for roofs.

  1. Site lighting shall be oriented away from public rights-of-way and adjacent properties.

  1. The maximum allowed height for a detached accessory dwelling unit on any lot shall be fifteen (15) feet.
  1. The maximum total floor area of an accessory dwelling unit shall not exceed the following schedule:

Schedule 2 Maximum Unit Size.

Lot Size

10,000 to 14,999 square feet

15,000 to 19,999 square feet

20,000 to 29,999 square feet

30,000 to 39,999 square feet

Maximum Unit Size 640 square feet

700 square feet

775 square feet

900 square feet

unit.

40,000 square feet or greater 1,000 square feet

  1. The property owner must occupy either the primary unit or the accessory dwelling

0. Parking requirements for accessory dwelling units.

1. A minimum of one off-street, on-site parking space shall be provided for the accessory dwelling unit, in addition to the parking requirement for the primary unit, except as provided in subsection (3), below.The additional space need not be covered but shall be paved and accessible from a single, common driveway for both primary and accessory units, and may be provided as tandem parking spaces. The location of the additional parking space shall be shown on the site plan and shall not be located in any required front or side yard setback area.

  1. Notwithstanding any other provision of this chapter, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted into an accessory dwelling unit, and the city requires those offstreet parking spaces 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, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

  1. No additional parking is required for an accessory dwelling unit in any of the following instances:

    1. The accessory dwelling unit is located within one-half mile of public transit.
    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.
    1. When there is a car share vehicle located within one block of the accessory dwelling unit.

P. The accessory dwelling unit shall provide architectural continuity with the primary unit, blending into the existing setting through the use of appropriate building form, height, materials, color and landscaping. Elevation and floor plans shall be submitted as part of the building permit process.

11.33.030 Accessory Dwelling Units Within Existing Space.

Notwithstanding any other provision of this chapter, the city shall ministerially approve

an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.

11.33.040 Covenant Required.

A covenant, approved by the city attorney and director of community development, shall be recorded with the county recorder. This covenant shall identify the occupancy and use limitations of the site, including but not limited to the requirement that the property owner occupy either the primary or accessory dwelling unit at all times. Evidence of recordation shall be provided to the city prior to issuance of any occupancy permit on the accessory dwelling unit.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. This ordinance shall take effect thirty (30) days after its adoption in accordance with California Goverrunent Code Section 36937.

Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and/or posted in accordance with applicable law.

PASSED, APPROVED AND ADOPTED this 201

day of June, 2017.

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State of California County of Los Angeles

City of La Canada Flintridge

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I, Tania Moreno, City Clerk of the City of La Canada Flintridge, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 460 was introduced for first reading on June 6, 2017. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on June 20, 2017, by the following vote:

AYES: NOES : ABSENT: ABSTAIN:

COUNCILMEMBERS :CURTIS, PIERONI, WALKER AND DAVITT COUNCILMEMBERS : NONE

COUNCILMEMBERS : NONE COUNCILMEMBERS : NONE

Tulia:City Clerk

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