Oceanside ADU / Granny Flat Ordinance

http://caladu.org/ordinance/oceanside-10-11-17.pdf

ORDINANCE NO. 17-0R0483-l

2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

  1. OF OCEANSIDE AMENDING ARTICLE 30, SECTION 3006 OF THE 1992 AND DOWNTOWN ZONING ORDINANCES
  2. TO ESTABLISH REVISED ACCESSORY DWELLING UNIT
  3. REGULATIONS CONFORMING TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65852.2.

6

7 (ZA17-0000I)

8 WH EREAS, the Planning Division has prepared text amendments to the City’s

9 Accessory Dwelling Unit regulations conforming to the provisions of Government Code

10 Section 65852.2; and

II WHEREAS, on April 24, 2017, the Planning Commission conducted a duly-noticed

12 public hearing as prescri bed by law and recommended with revisions City Council approval of 13 said zoning ordinance text amendments by unanimous vote; and

14 WHEREAS, said changes require amendment of the implementing document of the 1 5 City’s Local Coastal Program, which must be certified by the California Coastal Commission

  1. prior to becoming effective; and
  2. WHEREAS, based upon such evidence, testimony and staff reports, this Council finds 18 that Zone Amendment ZA 17-0000 I conforms to the General Plan and Local Coastal Program
  1. of the City of Oceanside; and
  2. WHEREAS, a Notice of Exemption was prepared by the Resource Otlicer of the City of
  3. Oceanside for this project pursuant to the California Environmental Quality Act of the 1970

22 and State Guidelines;

  1. NOW, THEREFORE, the City Council of the City of Oceanside does ordain as follows:
  2. SECTION I. Zone Amendment (ZA 17-0000 I ), amending Article 30, Section 3006
  3. of the 1992 and Downtown Zoning Ordinance and establishing the amended text as part of the
  4. implementing document of the City’s Local Coastal Program, as specified in Exhibit A. is
  5. hereby adopted.
  6. SECTION 2. The City Clerk of the City of Oceanside is hereby directed to publish this Ord inance, or the title hereof as a summary, pursuant to state statute, once within fi fteen

( 15) days after its passage in a newspaper of general circulation published in the City of

    1. Oceanside.
    2. SECTION 3. Severability.
    3. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be

5 invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision

  1. shall not affect the val idity of the remaining portions of this Ordinance. The City Council
  2. hereby declares that it would have passed this Ordinance and adopted this Ordinance and each
  3. section, sentence, clause or phrase thereof, irrespective of the fact that any one or more
  4. sections. subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

I 0 SECTION 4. Notice is hereby given that the time within which judicial review must 1 1 be sought on this decision is governed by Government Code Section 65009(c).

  1. SECTION 5. This ordinance shall be effective 30 days after its adoption, except for
  2. those areas situated in the Coastal Zone. For those areas in the Coastal Zone, this Ordinance
  3. shall be effective upon certification of LCPA 17-0000 I by the Coastal Commission.
  4. INTRODUCED at a regular meeting of the City Council of the City of Oceanside.
  5. California, held on the 21st day of June, 2017 and, thereafter,
  6. PASSED AND ADOPTED at a regular meeting of the City Council of the City of
  7. Oceanside, California. held on the 9th day of August, 2017, by the following vote:
  1. AYES:
  2. NAYS:
  3. ABSENT:

Lowery, Feller, Kern, Sanchez None

Wood

  1. ABSTAI N: None

23

24

25 ATTEST: 26

27

28

MA NSIDE

APPROVED AS TO FORM:

,.

2

3006 Accessory Dwelling Units

This sect.ion is int.emled. to i111plement. the General Plan ho1o1sins policy on second. d>·•elling 1olllit.s , ad.opt.ea in part in response to Go”ernment. Coae Sect.ion 9585& 1 et seq , l;iy allowing accessory awelling 1olllit.s in R aist.rict.s , s1o!Qj ect. to approual of a 1o1se permit. 1olllGer the pro,,isions of kt.icle 41

The purpose of this section is to provide regulations for the establishment of accessory dwelling units ( ADU) in single-family residential zones pursuant to Government Code Section 65852.2 et seq. and the goals and policies of the City s Housing Element. ADUs provide an important source of affordable housing in existing residential neighborhoods where adequate public facilities and services are available.

Consistent with state law, an ADU which conforms to the requirements of this subsection shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a single-family residential use which is consistent with the existing general plan and zoning designations for the lot. An ADU shall not be considered development for the purposes of the imposition of development impact fees.

  1. Definition.
    1. Accessory Dwelling Unit (ADU) : 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 and shall be located on the same parcel as a single-family dwelling. An ADU also includes an efficiency unit and manufactured home, as defined in Section 17958.1 and Section 18007 of the Health and Safety Code, respectively. An ADU may serve as a rental unit for more than 30 days or be occupied by a person or persons including, but not limited to family members, guests, or caretakers.

    1. Efficiency Unit: An efficiency unit, as defined in Section 17958.l of the Health and Safety Code may be permitted for occupancy by no more than two persons . The efficiency unit shall have a minimum

f loor area of 150 square-f eet and shall have a bathroom f acility and a partial kitchen with a kitchen sink, cooking appliance, and ref rigerator .

3. Manuf actured Home: A manuf actured home, as def ined in Section 18007 of the Health and Saf ety Code, means a structure that was constructed on or af ter June 15, 1976, is transportable in one or more sections, is eight body f eet or more in width, or

40 body f eet or more in length, in the travelling mode, or, when erected on site, is 320 or more square f eet , is built on a permanent chassis and designed to be used as a single-f amily dwelling with or without a f oundation when connected to the required utilities, and includes the plumbing , heating, air conditioning, and electrical systems contained therein. A manuf actured home shall comply with the standards established under the

National Manuf actured Housing Construction and Saf ety Act of 1974 ( 42 u.s.c., Sec . 5401) .

AB. Where Permit ted . 11ccess1::1ry dt·elli1=1gs ADUs are permitted in all R residential and agricultural districts on lots developed, or proposed to be developed, with a single-f amily dwelling . ;md in the A district if there is an existing single family dto1elling 1::1n the l1::1t An ADU may be established as a new detached structure, or within the existing space of a single­ f amily residence or detached accessory structure, or as an attached addition to a single-f amily residence. Only one ADU may be created per legal lot . An ADU shall not be permitted on lots developed with duplexes or multi-f amily housing.

El Yse Per111it Req:uired A use per111it issued by the Pl<mning Ilirect1::1r shall be required f1::1r all accessGl) Qr,1elling units. ‘\f;lplicati1::1n s shall be sl!Gmitted t1::1 the Plcwning Ilepartment acc1::1mp;mied by the required fee, plans ;md eleuati1::1ns soowing the pr1::1p1::1sed accessm;y dvelling ;md its relati1::1n t1::1 the principal dto1elling, descripti1::1n s 1::1f building materials, landscaping ;md exteri1::1r finisaes t1::1 be used ;md parking t1::1 be

pr1::1,,ided, ;md any ether inf1::1r111ati 1::1n required by the Ilepartment t1::1 deter111ine ·•aether the pr1::1p1::1sed unit c1::1nf1::1r111s t1::1 all req:uirements 1::1f this 1::1rdin;mce The

Planning Ilirestor sl::i.a.11 ;ippro”e a use permit f or an assessor>{ dnelling \lBit af ter notising upon f inding

.tha.t;+

l TJ::i.e Qi ·elliag sonf orms to tJ::i.e design and de”elopment standards f or a.ssessory Qi·•elliag

\lllits estal:llisJ::i.ed in S\lbsestion (C) of tJ::i.is sestion;

2 TJ::i.e a.ssessory \lllit maintains tJ::i.e ssa.le of adjoining residenses and is sompa.tible •·•itJ::i. tJ::i.e design of existing d·ellings in tJ::i.e isinity in terms of building materials, solors and exterior f iaisl::i.es;

J TJ::i.e ma.in dwelling· or tl::i.e assessor>{ g,..,elling

·•ill be owner ossv.pied a.ad is not intended f or sale; and

4 PWalis and ut ility seri’ises insluding emergensy assess a.re a.deqy.a.te to seri’e botJ::i. Qi.rellings

  1. Permit Requirements:
    1. The City shall ministerially approve an application f or a building permit to create an ADU, within 120 days af ter receiving the application.

2. ADUs within the coastal zone shall be sub ject to applicable requirements of the Local Coastal Program.

  1. . ADUs shall comply with all applicable Building Code requirements.

  1. . ADUs shall not be required to provide f ire sprinklers if they are not required f or the primary residence.

CD . Ilesign and Development Standards .

  1. Unit Type, Size, & Location .

a . Attached Unit : An ADU aGGessory Qi·•elling

that is constructed within or attached to an existing primary dwelling shall contain at least 350 square feet but aG-t; than 50 perseat gf the exist iag

liiag area shall not exceed 50 percent of the total living area of the existing primary dwelling or 1,200 square feet, whichever is less. In addition, the existiag living area of the existing primary dwelling shall not be reduced by more than 20 percent to accommodate an

attached ADU assessgry Q> •elliag . efficiency unit no smaller than 150 sq. ft. shall be permitted subject to compliance with all applicable development standards.

    1. Detached Unit: An ADU assessm:y Q>.ielliag that is structurally independent and detached from the existing primary dwelling shall not exceed 1, 200 square feet. An efficiency unit no smaller than 150 sq. ft. shall be permitted subject to compliance with all applicable development standards .

    1. The existing unit may be considered the ADU assessgry imit , and a new dwelling unit built, if all applicable standards and requirements of this ordinance are met.

    1. No passageway shall be required in conjunction with the construction of an ADU.

    1. An existing garage that provides the required parking for the primary dwelling shall not be converted into an ADU unless parking that conforms to requirements of Article 31 is provided on the premises.

    1. Mobile homes, as defined in Section 18008 of the Health and Safety Code, shall not be allowed as an ADU pursuant to Section

3033(C) Mobile Homes.

  1. Required Setbacks. 11 ccessm:y dI·elling Wlits shall meet the setback requirements gf the UBGerlying

:mning 9.istrict

    1. ADUs shall meet the setback requirements of the underlying zoning district.
    1. No setback shall be required for an existing garage or accessory structure converted to an ADU. An ADU constructed above an existing garage shall provide a minimum setback of five feet from the side and rear lot lines.

    1. An ADU contained within the existing space of a single-family residence or accessory structure must have independent exterior access from the existing residence, and the side and rear setbacks must be sufficient for fire safety as determined by the Fire Department.

  1. Height and Maximum Eh.iil9.ing Lot Coverage.

basic requirements gf kticle 10 shall apply imless mggifieg by an 9″erlar 9.istrict ADUs shall meet the height and maximum lot coverage of the underlying zoning district.

  1. Parking. A 111ini111W11 gf three in9.epen9.ently accessible gff street parking spaces shall be require9. fer a lgt centaining an accessgry Q!.relling At least t”g parking spaces shall be in a garage (111inilll\lm 20 fggt by 19 fggt), an’1 ene

parking space (111inilll\lm 9 fggt by 19 fggt) shall sePre the accessgry Wlit R.equireg parking spaces shall ngt be lecate9. in requireg yar9. areas

    1. One additional off-street parking space shall be required for each bedroom within an ADU; with exceptions per section 3006.D.4.e.
    1. Additional parking spaces shall be a minimum dimension of 9 foot by 19 foot except as specified below.
  1. Required off-street parking shall be permitted in front, side, and rear setback areas subject to the following:
    1. Parking may be located on an existing driveway but shall not block sidewalk access or encroach into the public right-of-way.
    1. Parking spaces within a side yard adjacent to a dwelling must have a minimum clear space width of 11-feet. Vehicles must not block exterior windows or doors of habitable space in a

dwelling or access to utility boxes or meters.

    1. Tandem parking shall be permitted subject to compliance with the above­ referenced parking requirements.
    1. Except for an approved driveway, vehicles must be parked on an acceptable surface of concrete, asphalt, gravel, brick, permeable paver or other stable, dust-free surface deemed acceptable by the Planning Division.
    1. No parking shall be allowed in front yard landscaping areas.
    1. No more than 30\ of a front yard shall be dedicated to vehicle parking, except lots with a substandard width shall not exceed 50\.
    1. Ingress and egress to parking spaces shall be provided via an approved driveway location only. Except for driveways, access to on-site parking spaces shall not include sidewalks, curbs, or landscape areas.
  1. When a garage, carport, or covered·parking structure is demolished in conjunction with

the construction of an ADU, 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, tandem spaces, or

by the use of mechanical automobile parking lifts.

  1. Parking Exemption : Pursuant to Section 65852.2, the City shall not impose parking standards for an ADU in any of the following instances:
    1. The ADU is located within one-half mile of public transit.
    1. The ADU is located within an architecturally and historically significant historic district.
    1. The ADU 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.
  1. Design. The exterim; c:lesiga shall l:le ia aarmGR7 Nita the immediate aeighbGrMGd Iluildiag materials, GGlGrs and exteriGr fiaishes saGuld l:le sul;>stemtially the same as taGse Ga the existiag dnelliag. The ADU shall be architecturally compatible with the primary dwelling in terms of design, building materials, roof pitch, colors, and exterior finishes .
  1. Utilities . ADU ‘s shall comply with water and sewer requirements as determined by the Water Utilities Department; subject to the following:
    1. ADUs shall not be considered new residential uses for the purposes of calculating utility connection fees or capacity charges, including water and sewer service.
    1. The City shall not require an applicant to install new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure.
    1. For new attached and detached ADUs, the fee must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service.
    1. Where a private sewage disposal system is being used by the ADU, approval by the local health officer may be required.

gB. Conditions. Recgr4e4 The yse peE111it and cgadit igas gf apprgal shall be f ile4 f gr recgrg ·•ith the Cgrmty Recgrder ·•ithia J O days gf apprgual E> rideace gf SYch

f iling shall be sublllitted tg the Plaaaiag Cirectgr within J O da7•s gf appr9″al

  1. An ADU shall not be sold separate from the primary residence.
  1. An ADU may serve as a rental unit or be occupied by family members, guests, or in-home health care providers, and others at no cost.
  1. Neither the ADU nor the primary dwelling unit shall be rented for less than 31 days.
  1. Required parking spaces shall be kept clear and used exclusively for vehicle parking. Such space shall not be used for storage or other uses.
  1. The property owner shall record a covenant, approved as to form by the City Attorney, declaring compliance with each and every condition referenced in this section.