ORDINANCE NO. 2017- 015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BUENAVENTURA, CALIFORNIA, AMENDING REGULATIONS RELATED TO ACCESSORY DWELLING UNITS (PREVIOUSLY, CARRIAGE HOUSES OR SECOND DWELLING UNITS)
The Council of the City of San Buenaventura does ordain as follows:
SECTION 1. Purpose, Findings, and Intent.
- Effective January 1, 2017, Assembly Bill 2299 (“AB
2299″) and Senate Bill 1069 (“SB 1069“) amended Government Code Section 65852.2 to further limit the standards cities may impose on new ADUs and require city ordinances to incorporate State-mandated standards for certain types of ADUs. As amended, Government Code Section 65852.2 allows the City to designate areas where new Accessory Dwelling Units (ADUs) may be permitted and to establish objective standards related to parking, height, setback , lot coverage, landscaping, and architectural review, which must be applied ministerially unless a property owner is seeking an exception to the adopted standards.
Currently, the City regulates “Carriage Houses“ and “Residential Second Units ,” both of which overlap with the term “ADU“ as defined under State law.
SECTION 2. Adoption of ADU Definition and Regulations. The City Council hereby amends Division 24 (Zoning Regulations) of the San Buenaventura Municipal Code as follows:
- A new Section 24.110.045 of Chapter 24.110 (Definitions) is hereby added to read as follows:
“Sec. 24.110.045. – Accessory dwelling unit.
The term “Accessory Dwelling Unit” or “ADU” shall have the meaning set forth in Chapter 24.430.“
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- Section 24.110.1560 (Residential second unit (or “second unit”)) of Chapter 24.110 (Definitions) is hereby repealed.
- Chapter 24.430 (Residential Second Unit Regulations) and its title are hereby amended in its entirety to read as follows:
“Chapter 24.430 – Accessory Dwelling Unit Regulations
Sec. 24.430.010. – Chapter description.
Chapter 24.430 establishes residential accessory dwelling unit (“ADU“) regulations in order to provide a mechanism for accommodating ADUs in appropriate residential areas and governs
the creation of ADUs within the city. These provisions are intended to stabilize property values and the single-family character ·of neighborhoods by insuring that ADUs are developed under appropriate conditions, and to further the legislative policies of Government Code Section 65852.2.
Sec. 24.430.020. – Definitions.
“Accessory Dwelling Unit“ or “ADU” means an attached or a detached residential dwelling unit the application for which was made after January 1, 2017 which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. The term ADU also includes an “Efficiency Unit“ as defined in Health and Safety Code Section
- and a “Manufactured Home” as defined in Health and Safety Code Section 18007. The term “ADU“ captures the terms and supersedes the terms “Residential Second Units“ and “Carriage Houses” under this Code and any adopted Development Code of a Specific Plan or Community Plan; however , any residential second unit or carriage house which was lawfully permitted prior to January 9, 2017 shall remain subject to the rules, regulations, and ordinances in effect at the time the residential second unit or carriage house was approved by the City.
“Primary Dwelling Unit,” for purposes of this chapter means any single–family residence on the lot where an ADU would be located.
Sec. 24.430.030. – Application procedure.
Before constructing an ADU or converting a legally permitted existing structure to an ADU, an applicant must apply for zone clearance and a building permit. Any ADU that satisfies the requirements of this chapter shall be ministerially approved.
For properties located in the Coastal Zone, a Coastal Development Permit is also required unless the property is in an exempt area.
Sec. 24.430.040. – Locations.
- Notwithstanding any other provisions of this Code, an ADU may be permitted only in the following locations:
- Zoning Districts: R-1 (Single Family Zone), R-2 (Two Family Zone), or R-3 (Multiple Family Zone), as shown on the Zoning District Map.
- Downtown Specific Plan Area: T 4.1 (Urban General 1) or T 4.1 Main (Main Street Frontage), as shown in Section 2.20.010, Figure 111–1 (Regulating Plan) of the City of San Buenaventura Downtown Specific Plan.
Midtown Corridors: T 4.5 (General Urban Zone) or T 4.5- SF (General Urban Zone – Shopfront Overlay), as shown in Section 24M.102.040 (Regulating Plan) of this Code;
- Victoria Avenue Corridor: T 4.5 (General Urban Zone 5), as shown in Section 24V.100.030, Figure 1 (Regulating Plan) of this Code;
- Saticoy and Wells Area : T3.3 (Neighborhood General), T4.10 (Urban General), T5.4 (Town Center), and T5.4–SF (Stopfront Overlay) as shown in the Saticoy and Wells Development Code Figure 1-1 (Regulating Plan),
contained as part of the Saticoy and Wells Community Plan;
- Parklands Specific Plan: T3.1 (Neighborhood Edge) and T3.2 (Neighborhood General) as shown in Section
24P.102.2, Figure 24P.1 (Parklands Regulating Plan) of the City of San Buenaventura Parklands Specific Plan; or
- UC Hansen Trust Specific Plan Area: T 3.3 (Neighborhood General 1), T 3.4 (Neighborhood General 2), or T 4.7 (Urban General), as shown in Section 24H.202.3, Figure 24H-1 (Regulating Plan) of this Code.
ADUs are not permitted in the Coastal Zone, except within the Downtown Specific Plan and a portion of the Midtown Corridors Area, as specified above.
- An ADU must be located on a residential lot and on the same lot as a primary residence.
- ADUs are not permitted on any real property listed in the California Register of Historic Places, or designated as a historic landmark or located in a historic district overlay zone under Chapter
24.455, except following design review pursuant to Section
24.455.620 and Chapter 24.340.
Sec. 24.430.040. – Development standards.
An ADU shall comply with all of the following development standards:
- Number of ADUs: No more than one ADU is permitted on any lot.
8. Lot Coverage: The combined total of both the primary residence and ADU shall not exceed the maximum lot coverage applicable to the lot, plus 5 percent. The combined rear yard lot coverage shall not exceed the maximum applicable to the lot, plus 10 percent.
Attached ADUs: The total floor area of an attached ADU shall not exceed the lesser of 750 square feet or 50°/o of the primary residence’s living area.
- Detached ADU: The total floor area of a detached ADU shall not exceed 750 square feet.
- Attached ADUs: An ADU that is attached to the primary residence shall comply with the height requirements applicable to the primary residence.
- Detached ADUs: An ADU that is detached from the primary residence shall not exceed a height of 14 feet and one story, except as follows: a detached ADU may be up to 22 feet on a second floor if either (i) it is not located within the rear setback area or (ii) it is constructed above and within the existing footprint of an existing garage and/or existing building.
- Attached ADUs: An ADU that is attached to the primary residence shall comply with the setback requirements applicable to the primary residence, except that the rear setback may be the lesser of the applicable setback requirement or 15 feet.
- Detached ADUs: An ADU that is detached from the primary residence shall have setbacks of at least three feet from the side and rear property lines.
- Above a Garage: An ADU that is constructed above a garage shall have setbacks of at least five feet from all property lines.
- Garage Conversion : For an ADU that is converted from an existing garage, the 10-foot separation
requirement does not apply and no additional setbacks beyond the existing garage setback are required beyond those required by the adopted California Building Standards and local ordinance.
- Attached ADUs: An ADU that is attached to the primary residence shall comply with the separation requirements applicable to the primary residence.
- Detached ADUs: An ADU that is detached from the primary residence shall provide a minimum 10-foot separation between the ADU and the primary residence or other accessory building.
- Design and Features:
- The ADU‘s color and materials shall match the primary residence.
- The ADU shall not have any second-story outdoor balcony, deck, or patio closer than 10 feet from any property line.
- If an automatic sprinkler system is required for the primary residence, the ADU must also provide an automatic sprinkler system.
- The main entrance to the dwelling unit shall be accessed from the side yard setback , side street setback, or rear yard setback .
- For any second-story ADU, including any ADU proposed above a garage, all exterior windows that face rear or side yard areas of an adjacent property, are not separated by an alley, and are closer than 10 feet from the property line shall be fitted with translucent glazing and be either fixed (i.e., inoperable) or of an awning style with a maximum opening angle of 25 degrees.
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- Conversion of Existing Space: Conversion of existing space within a single-family residence or within a legally permitted accessory structure to an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety and as required per the adopted California Building Standards and local ordinance.
- Covenant Required: The property owner shall record a covenant running with the land establishing the following:
- Subject to the owner occupancy limitations set forth below, the primary dwelling unit and the ADU may be rented only for terms longer than 30 days.
- The ADU may not to be sold or conveyed separately from the primary residence.
- The ADU and the property shall be maintained in accordance with all applicable ADU requirements and standards.
- Any violation will be subject to penalties as provided in Chapters 1.050 and 1.150 of this Code.
- The property owner must be an occupant of either the primary residence or the ADU. An exception to the owner-occupant requirement can be granted by the
Community Development Director if the property owner is able to establish a bona fide hardship to the restrictions as follows:
- The owner is hospitalized or requires daily living assistance that requires the owner to not be able to physically live on the property; or,
- The owner is on active military duty requiring the owner to not be able to occupy the property.
Sec. 24.430.050. – Parking.
- One off-street parking space is required for the ADU, in addition to the parking required for the primary residence. The parking space for the ADU must satisfy all of the following:
- Required yards and open space may not be used for parking.
- The ADU‘s parking space may be tandem, c.overed, or uncovered, but must be surfaced in compliance with Section 24.415.090.
- The dimensions of all parking spaces or driveways shall comply with the requirements set forth in Section 24.415.020.
- If an existing garage or other parking is converted to or displaced for an ADU, the conversion or displacement shall not eliminate any off-street parking that is required for the primary residence or, if eliminated, the off-street parking shall be replaced. The replacement parking spaces may be covered spaces, uncovered spaces, tandem spaces, or spaces created by mechanical automobile parking lifts.
- 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 covered spaces, uncovered spaces, tandem spaces, or spaces created by mechanical automobile parking lifts. Required yards and open space may not be used for parking.
- Notwithstanding subsection A. above, no additional parking space is required for an ADU that satisfies any of the following:
- The ADU is located within one-half mile of public transit;
- The ADU is located within an architecturally and historically significant historic district;
3. The ADU is part of the existing primary residence or an existing accessory structure;
4. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or,
5. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
Sec. 24.430.060. – Fees and utility connections.
- The property owner shall pay all sewer, water, school district, and other applicable fees, including development impact fees.
- The property owner shall pay all applicable connection fees and capacity charges, including sewer connection fees pursuant to Section 22.210.030, except as provided in subsections C. and D. below.
An ADU specifically exempted under Government Code Section 65852.2(e) and (f), which is created by the conversion of an existing space pursuant to Section 24.430.040.H., shall not pay any related connection fee or capacity charge.
- An ADU shall be equipped with a water sub-meter, pursuant to Section 22.130.015, but shall not require a separate water or sewer utility connection from the Primary Dwelling Unit.
- If an ADU will use a private sewage disposal system, the property owner shall obtain approval by the Los Angeles Regional Water Quality Control Board and the City Building and Safety Division.
Sec. 24.430.070. – Building and safety requirements.
An ADU will be subject to Building and Safety requirements of the City, including, but not limited to, the following:
- Structural Assessment: An ADU conversion of existing structures built prior to 1970 will require structural assessment in accordance with ASCE 41-13.
- Utility Equipment: Each ADU must have its own water heater and space heating.
- Building and Safety Permits: Each ADU must obtain all required Building and Safety permits in compliance with current California Building Standards Codes (California Code of Regulations, Title 24) and local ordinances.
Sec. 24.430.080. – Additional development standards applicable within Downtown Specific Plan Area and Midtown Corridors Development Code.
- Detached ADU Location and Height: Notwithstanding Section 24.430 .040.D.2., an ADU that is detached from the primary residence, and in compliance with the setback standards set forth in Section 24.430.040. E., may be up to 22 feet on a second floor.
Sec. 24.430.090. – Additional development standards applicable within UC Hansen Trust Specific Plan Area.
The following development standards apply to ADUs proposed to be located within the UC Hansen Trust Specific Plan Area. In the event of a conflict, the provisions of this section shall govern over the provisions of Section 24.430.040.
A . Location on Lot: ADUs shall be designed as a flat located above a detached garage or attached at grade to a detached garage.
- Height: ADUs shall not exceed a height of 24 feet and two stories.
- Alley Required: ADUs are prohibited on any lot without an alley. Any wall that directly faces the alley shall have windows. Balconies, loggias, and bay windows may face the alley.“
SECTION 3. Consistency Amendments to Downtown Specific Plan. The City Council hereby amends the Downtown Specific Plan (adopted March 2007) as follows, with all other