Long Beach ADU / Granny Flat Ordinance

http://caladu.org/ordinance/long-beach-02-26-2018.pdf

 

PLANNING BUREAU

February 14, 2017

Greg Nickless, Housing Policy Analyst Department of Community Housing 2020 W. El Camino Avenue, Suite 500 Sacramento, CA

Dear Mr. Nickless:

In accordance with Government Code Section 65852 .2.g, please find enclosed Ordinance No. 17-0031 addressing Accessory Dwelling Units adopted by the Long Beach City Council on December 19, 2017. The enclosed ordinance adopted standards for the development of accessory dwelling units citywide, including areas within the Coastal Zone. The City submitted a local coastal plan amendment for the California Coastal Commission consideration on December 28, 2017. In the interim the City is continuing to allow for the development of accessory dwelling units within the Coastal Zone under the standards which were previously adopted as part of the Citys certified Local Coastal Program.

If there are any questions or concerns regarding this submittal, please do not hesitate to contact us at (562) 570-6413 or alexis_ oropeza@longbeach.gov.

Carrie Tai, Al.G

Current Planning Officer

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1 ORDINANCE NO. ORD-17-0031

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDI NG THE LONG BEACH MUNICIPAL CODE BY AMENDI NG SECTIONS 21 .15.050, 21.15 .063, 21 .15.930, 21.15.1720, 21.15.1770, 21.15.2400 ,

21.15 .2410, 21.31 .360.B, TABLE 31-1, 21.51.110.A , AND

21.51 .275 ; AND BY ADDING SECTIONS 21.15.045 , 21.15.447, 21 .15.915, 21.15.935, 21.15.2165, 21 .25.903.C.5,

21.41 .233.A.3, AND 21.51 .276 , ALL RELATED TO

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ACCESSORY DWELLING UNITS

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WHEREAS, the City Council of the City of Long Beach seeks to implement Senate Bill 1069 (SB 1069}(Chapter 720, Statutes 2016) and Assembly Bill 2299 (AB 2299) (Chapter 735, Statutes 2016) through the adoption of regulations concerning

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accessory dwelling units in residential zones; and

  1. WHEREAS , accessory dwelling units are commonly referred to as second
  2. units, and are additional living quarters on single-family lots that are independent of the
  3. primary dwelling unit. They are also known as accessory apartments , accessory
  4. dwellings, motherinlaw units, or granny flats. They may be either attached or detached
  5. to the primary dwelling unit, and they typically provide complete independent living
  6. facilities, including facilities for living, sleeping, eating, cooking, and sanitation; and
  7. WHEREAS , the State Legislature adopted SB 1069 and AB 2299 in order
  8. to eliminate barriers to accessory dwelling unit construction that the Legislature has
  9. determined is a common-sense, costeffective approach to accommodate future growth
  10. and to encourage infill development in developed neighborhoods; and
  11. WHEREAS , Section 65582 .1 of the California Government Code provides

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1 that accessory dwelling units are one of the reforms and incentives adopted to facilitate

2 and expedite the construction of affordable housing; and

3 WHEREAS, Section 65882.150(a) of the California Government Code

4 provides that accessory dwelling units are a valuable form of housing; that they may

5 provide housing for family members, students, the elderly, in-home health care providers,

  1. the disabled,and others at below market prices within existing neighborhoods; that they
  2. may add income and an increased sense of security to homeowners; that they will
  3. provide additional rental housing stock; that they offer lower cost housing to meet the
  4. needs of existing and future residents within existing neighborhoods, while respecting

10 architectural character; and that they are an essential component of Californias housing

11 supply; and

WHEREAS, Section 65852.2(a)(4) of the California Government Code provides that any local ordinance that is inconsistent with Section 65852.2 shall be null and void and state law shall apply unless or until the local agency adopts an ordinance consistent with this law; and

WHEREAS, on June 1, 2017, and July 6, 2017, the Planning Commission held duly noticed public hearings on the proposed ordinance before making a final

18 recommendation to the City Council; and

19 WHEREAS, the proposed ordinance is consistent with the applicable

  1. policies of the Long Beach General Plan and Housing Element; and
  1. WHEREAS, it has been determined that the proposed ordinance regulating

22 accessory dwelling units is exempt from the requirements of the California Environmental

23 Quality Act (CEQA) , pursuant to CEQA Guidelines Section 15282(h) which exempts the

  1. adoption of an ordinance regarding second units in a singlefamily or multifamily
  1. residential zone;
  1. WHEREAS, Section 65852.2(a)(1)A of the California Government Code
  1. provides that a local agency may designate certain areas within the jurisdiction of the
  1. local agency where accessory dwelling units may be permitted; and that the designation

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    1. of said areas may be based on criteria that may include, but are not limited to, the
    2. adequacy of water and sewer services and the impact of accessory dwelling units on
    3. traffic flow and public safety ;
    4. WHEREAS, the City of Long Beach is an older urban coastal city consisting
    5. of approximately fifty-two (52) square miles with a residential population of approximately
    6. 470 ,000 individuals which do not include the numerous individuals who work, recreate or
    7. visit Long Beach on a daily basis;

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    1. WHEREAS , the residential population and visitor density of the City,

9 particularly in its coastal and downtown core areas, significantly impacts traffic circulation

  1. and parking availability on the Citys existing street network and off-street parking
  2. facilities;

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WHEREAS, historically as an older city, certain neighborhoods and areas of

Long Beach do not have sufficient on or off-street space to accommodate the parking of motor vehicles by residents, businesses, or visitors;

WHEREAS , since at least 1986, the City has recognized that the parking of vehicles on certain narrow streets in densely populated areas of the City created a detrimental condition affecting the health, safety and welfare of the community and

    1. served to impede and obstruct the free flow of traffic, thus requiring parking restrictions in
    1. those areas;
    2. WHEREAS , in 1988, the City Council of the City of Long Beach adopted a
    3. resolution (C24607) designating the boundaries of parking-impacted areas of the City
    4. and recognizing that in said areas the inadequacy of public and private vehicle parking
    5. spaces is particularly acute;
    6. WHEREAS , in October 2013, the City adopted the Mobility Element of the
    7. Citys General Plan and recognized that vehicle parking in certain parking impacted areas
    8. of the City has a profound impact not only on those drivers searching for spots, but on a
    9. wide range of areas critical to [the] City: the design of the built environment, the cost of
    10. development , housing affordability , the flow of traffic, and the community’s overall quality

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1 of life;”

  1. WHEREAS, due to the relatively high density of housing in certain areas of
  2. the City and the profound and acute lack of existing parking in these areas, the City
  3. Council finds that it is appropriate to require that at least one additional onsite parking
  4. space be provided in designated parking impacted areas when a property owner desires
  5. to add an Accessory Dwelling Unit to the site as set forth and described in this ordinance
  6. in order to promote and facilitate public safety, traffic flow, and the public health, safety
  7. and general welfare of those residing, working or recreating in the City. 9

10 follows :

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NOW, THEREFORE , the City Council of the City of Long Beach ordains as

Section 1. Section 21.15.050 of the Long Beach Municipal Code is

amended to read as follows:

21.15 .050 Accessory building, accessory structure.

“Accessory building or structure 11 means a detached or attached building or structure, the use of which is subordinate and customarily incidental to that of the main building or structure, or to the main use of the land. An accessory building or structure must be located on the same lot as

18 the main building or structure.

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  1. Section 2. Section 21 .15.063 of the Long Beach Municipal Code is
  1. amended to read as follows:
  2. 21 .15.063 Accessory use, residential.
  3. 11Accessory residential use11 means a residential use that is
  4. customarily incidental and/or necessarily related to a principal nonresidential
  5. use of land, building, or structure. An accessory residential use is located on
  6. the same lot as the principal nonresidential building or use and is dependent
  7. upon the principal nonresidential use for the majority of its use or activity.
  8. The occupant of an accessory residential use is employed in or routinely

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    1. conducts business in the nonresidential space. Accessory residential uses
    2. include, but are not limited to, a caretaker’s or night watchman’s residence
    3. (Section 21.15.445), an artists studio and residence (Section 21 .15.240),
    4. and parsonage (Section 21.15.2005) . Accessory residential use does not
    5. include accessory dwelling units (Section 21.15.045).

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7 Section 3. Section 21.15.930 of the Long Beach Municipal Code is

8 amended to read as follows:

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21.15.930 Dwelling, one-family. See single-family dwelling.

Section 4. Section 21.15.1720 of the Long Beach Municipal Code is amended to read as follows:

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21.15.1720 Manufactured housing.

“Manufactured housing” means a structure , transportable in one or

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more sections , which, in the traveling mode, is eight (8) body feet or more in

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width, or forty (40) body feet or more in length, or, when erected on site, is

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three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and

  1. complies with the standards established under California Health and Safety
  2. Code, Division 13, Part 2. “Manufactured home includes a mobile home
  3. subject to the National Manufactured Housing Construction and Safety Act 27 of 1974 (42 U.S.C., Sec. 5401, et seq.).

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1 Section 5. Section 21 .15.1770 of the Long Beach Municipal Code is

  1. amended to read as follows:
  2. 21 .16.1770 Mobile home. See Manufactured housing.”

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5 Section 6. Section 21.15.2400 of the Long Beach Municipal is amended

  1. to read as follows:
  2. 21 .15.2400 Secondary housing unit. See Accessory dwelling unit.

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9 Section 7. Section 21 .15.2410 of the Long Beach Municipal is amended 1O to read as follows:

11 21.15.2410 Single-family dwelling.

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A single-family dwelling is a residential unit designed and intended for occupancy by one (1) family. A single-family dwelling contains one (1) kitchen for central preparation of meals. This definition includes manufactured housing (when placed on a foundation for permanent residency) and group homes. A single-family dwelling may be attached or detached , as follows:

  1. A. Detached. “Detached single-family dwelling” means one (1)
  2. dwelling unit located on a single lot with yard areas that separate that
  3. dwelling from other dwellings.
  4. B. Attached. “Attached single-family dwelling means one (1)
  5. dwelling unit on a single lot with one (1) side wall in common with a dwelling
  6. on an adjoining lot.
  7. Section 8. 21.31.360.B of the Long Beach Municipal Code is amended to
  8. read as follows:
  9. B. Accessory Dwelling Units. Accessory dwelling units shall be
  1. prohibited in a PUD.
  2. II

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    1. Section 9. Table 31-1 in Chapter 21.31 is amended to read as shown on
    2. Exhibit A attached hereto and made a part hereof word for word. 3
  1. Section 10. 21.51 .11O.A of the Long Beach Municipal Code is amended to
  2. read as follows :
  3. A. Additional Dwelling Units.
  4. Any use which increases the number of dwelling units in any building
  5. or on any lot beyond that permitted in the district, except for accessory
  6. dwelling units as described in Section 21.51 .276.

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Section 11. Section 21.51 .275 of the Long Beach Municipal Code is amended by adding an expiration clause at the beginning to read as follows:

21 .51.275 Secondary housing units (granny flats).

This Section will remain in effect in the Coastal Zone until such time as new Section 21.51 .276 is approved and certified by the California Coastal Commission as an amendment to the Local Coastal Program (LCP). Upon certification, Section 21.51.275 will no longer be in force and

18 effect.

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  1. Section 12. Section 21 .15.045 is added to the Long Beach Municipal
  2. Code to read as follows:
  3. 21.15.045 Accessory dwelling unit.
  4. Accessory dwelling unit means an attached or a detached
  5. residential dwelling unit which provides complete independent living facilities
  6. for one or more persons. An accessory dwelling unit is an accessory use
  7. and not a principal use of land. It shall include permanent provisions for
  8. living, sleeping, eating, cooking, and sanitation, and shall be located on the
  9. same lot as the single-family dwelling to which it is subordinate (the primary

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  1. dwelling), and shall have a separate exterior entrance. An accessory
  2. dwelling unit also includes the following:

3 A. An efficiency unit, as defined in Section 17958.1 of the California

4 Health and Safety Code.

5 B. A manufactured home, as defined in Section 18007 of the

6 California Health and Safety Code.

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  1. Section 13. Section 21.15.447 is added to the Long Beach Municipal
  2. Code to read as follows:

10 21.15.447 Carport.

11 Carport means a permanent roofed structure over a driveway , built for the purpose of sheltering an automobile. A carport is supported by attachment to a building and/or freestanding posts, and is open on all sides that are not attached to a building. A carport may have a solid or trellised roof. Carport does not include porte cochere,” or any temporary or non­ permanent structure.

  1. Section 14. Section ·21.15.915 is added to the Long Beach Municipal
  2. Code to read as follows:
  1. 21.15.915 Dwelling unit, accessory . See Accessory dwelling unit.

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Section 15. Section 21.15.935 is added to the Long Beach Municipal

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Code to read as follows:

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21.15 .935 Dwelling, primary.

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Primary dwelling means a single-family dwelling that is not an

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accessory dwelling unit. A primary dwelling is a principal use of land.

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  1. II
  2. II

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    1. Section 16. Section 21 .15.2165 is added to the Long Beach Municipal
    2. Code to read as follows :
    3. 21 .15.2165 Primary dwelling. See Dwelling, primary.”

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  1. Section 17. Subsection C.5 is added to Section 21 .25.903 of the Long
  2. Beach Municipal Code to read as follows:
  3. 5. Creation or expansion of an accessory dwelling unit in
  4. conformance with the requirements of Section 21.51.276 (Accessory
  5. dwelling units).

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Section 18. Subsection A.3 is added to Section 21.41.233 of the Long Beach Municipal Code to read as follows:

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3. For the provision of required parking for an accessory

dwelling unit, and for required replacement of parking for the primary dwelling when a garage is converted or existing parking spaces are otherwise eliminated to create an accessory dwelling unit.

  1. Section 19. Subsection C is added to Section 21.41 .233 of the Long
  2. Beach Municipal Code to read as follows:
  3. C. For tandem parking allowed in Subsection 21.41 .233.A.3 for
  4. an accessory dwelling unit, up to three (3) spaces may be in tandem . 22
  1. Section 20. Section 21 .51.276 is added to the Long Beach Municipal
  2. Code is amended to read as follows:
  1. 21.51.276 Accessory Dwelling Units.
  2. An accessory dwelling unit (ADU) is an allowed accessory use on a
  3. lot having only one detached single family dwelling (a primary dwelling) and
  4. no other principal uses, or principal buildings or structures. An accessory

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