San Fernando City ADU / Granny Flat Ordinance

http://caladu.org/ordinance/San-Fernando-City-09-12-2017.pdf

URGENCY ORDINANCE NO. U-1666

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 106 (ZONING), ARTICLE ID (ZONES), DIVISION 2 (R-1 SINGLE-FAMILY RESIDENTAL ZONE) OF THE SAN FERNANDO MUNICIPAL CODE RE.LATING TO THE REGULATION OF ACCESSORY DWELLING UNITS (ALSO REFERRED TO AS SECOND DWELLING UNITS) AND MAKING OTHER HARMONIZING AMENDMENTS TO CHAPTER 106 (ZONING), ARTICLE III (ZONES), DIVISION 2 (R-1 SINGLE FAMILY RESIDENTIAL ZONE) OF THE SAN FERNANDO MUNICIPAL CODE IN RECOGNITION OF THE SAME

WHEREAS, California Constitution Article XI, Section 7, enables the City of San Fernando (the City) to enact local planning and land use regulations; and

WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the Citys police power to protect the public health, safety, and welfare; and

WHEREAS, the City desires to ensure that residential development occurs in an orderly manner, in accordance with the goals and objectives of the General Plan and reasonable land use planning principles; and

WHEREAS, on September 27, 2016, the Governor signed SB 1069 and AB 2299 into law as part of an effort to streamline housing production ;and

WHEREAS, the bills change statutory references from secnd units to accessory dwelling units,” or ADUs; mandate that cities pennit ADUs in existing single-family residential zones through a ministerial process; and relax development standards to make it easier for property owners to create ADUs; and

WHEREAS, pursuant to Government Code Section 65852.2(a)(4), local ordinances, such as the City’s, that are not compliant with the new state provisions are null and void as of January 1, 2017, after which time such jurisdictions must apply the standards in Government Code Section 65852.2(a) until a compliant local ordinance is adopted; and

WHEREAS, the default standards the City must utilize provide a minimal set of standards that would be augmented by the adoption of the additional standards set forth in this Urgency Ordinance, which concern parking, height, setback, minimum unit size, and other standards that concern public health and safety issues; and

WHEREAS, on May I, 2017, the City Council created an Ad Hoc Committee, composed of two members of the City Council, to work with staff and a housing consultant to development updated ADU regulations; and

WHEREAS, on May 15, 2017, the City engaged the professional consulting finn of Karen Warner Associates to work with the Ad Hoc Committee and assist the City with developing updated and legally compliance ADU regulations;and

WHEREAS, the Ad Hoc Committee met on May 22, 2017 and May 31, 2017 to provide input to City staff and the consultant regarding proposed updates to the City’s ADU regulatory system; and

WHEREAS, Government Code Sections 36934 and 36937 authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION l.

by reference.

Recitals. The above recitals are true and correct and incorporated herein

SECTION 2. Urgency Findings.

  1. As amended by SB 1069 and AB 22991 Government Code Section 65852.2(a)(l)(B)(i) allows the City to designate areas where new 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.

  1. Given that the City’s current ADU-related ordinance is null and void pursuant to Government Code Section 65852.2(a)(4), the City is allowed only to ministerially permit ADUs in accordance with the minimal standards set forth in Government Code Section 65852.2(a).

  1. The reliance on such minimal standards without the adoption of local City regulations permitted under Government Code Section 65852.2(a)(I)(B)( i) would enable the ministerial allowance of ADUs that may be detrimental to surrounding residences and divergent, from a zoning standards perspective, from previously permitted second units and future ADUs permitted in accordance with augmented local standards.

  1. The expeditious adoption of local ADU standards through this Urgency Ordinance (Code Amendment No, 756) would endi1re both compliance with SB I 069 and AB 2299 and the implementation of local health and safety standards addressing health and safety concerns created by ADUs, such as fire and ingress/egress issues.

  1. Pursuant to the findings stated herein, the City Council hereby: (1) declares that the findings and determinations set forth above are true and correct; (2) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this Ordinance to be adopted immediately on an urgency basis; and (3) finds that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein.

SECTION 3. Section 106-358 (Applicable regulations for second dwelling units) of Division 2 (R-1 Single family, Residential Zone) of Article In (Zones) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby amended and retitled in its entirety to now state the following:

106358 Rulation of Accessory Dwelling Units

  1. Definition. The terms “accessory dwelling unit” and “ADU”, as used in this Section, shall have the same meaning as the same terms are defined under Section 106-6 (Definitions) of Article I (In General) of Chapter 106 (Zoning) of the San Fernando Municipal Code.

  1. Requirements Applicable to All Accessory Dwelling Units. The City shall not approve an application for a new ADU unless the ADU satisfies all of the standards below. An applicationfor a new ADU that satisfies each of the below standards shall be approved by the Community Development Director, or his or her designee, following a ministerial review for compliance. The following conditions and restrictions shall apply to anyproposed ADU:

    1. Number of units allowed: The lot on which an ADU is constructed shall contain no more than one lawful and pre-existing single­ family residence, and not more than one ADU. Upon the addition of an ADU to an R-2 or R-3 zoned parcel developed with a single­ family residence, the development of any additional units on the parcel isprohibited.

    1. Location:Attached and detached ADUsshall be apermitted use in within thefollowing zones: R-1 (Single-Family Residential) Zone; R-2 (Multiple Family Dwelling) 7,one; or R-3 (Multiple Family) 7,one.

    1. Owner occupancy and restrictive covenant: One of the dwelling units on the site (either the primary dwelling unit or the ADU)

shall be owner-occupied at all times. The ADU shall not be sold separately from the primary ch•/elling unit. If. at any time, the owner of the property upon which the primary dwelling unit and

the ADU are located ceases to reside in either the primary dwelling unit or the ADU as his or her primaryplace of residence,

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then any tenancy or other occupancy of the ADU shall be prohibited. Jn the case where an ADU is occupied by a non-owner occupant, the owner shall terminate the occupancy of the ADU by or before the date upon which the owner ceases to reside in the primary dwelling unit. Any ongoing tenancy or occupancy of the ADU shall thereafter be an unlawful tenancy. Theproperty owner shall enter into a restrictive covenant with the city that applies lo the owner and all .successors in interest, in aform acceptable to the City Attorney that will be recorded on the subject property. The restrictive covenant shall: (i) specify that the property owner must reside in either the prima1y dwelling unit or the ADU; (ii) expressly prohibit the rental of both units at the same time and further provide that the owner shall prohibit anyfuture tenancy or occupancy of the ADU once the owner ceases to reside in either the primary dwelling unit or the ADU and, in the case where the owner resides in the primary dwelling unit, also terminate any existing tenancy or occupancy of the ADU by a non-owner occupant by or before the date upon which the owner ceases to reside in the primary dwelling unit; (iii) the ADU may be rented only for terms longer than thirty (30) consecutive calendar days;

(iv) the ADU may not to be sold or conveyed separately from the primary residence; (v) th.e property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards; (vi) any violation will be subject to penalties as provided Article II (General Penalties) and Article III (Administrative Penalties Citations) of Chapter 1 (General Provisions and Penalties of the San Fernando City Code; and (vii) an fut ure sale of residential lots with ADUs shall require, prior to the close of escrow, an inspection by the building and safety supervisor or his or her designee to assure that all onsite residential structures have been maintained in compliance with applicable zoning and bu;/ding code requirements.

  1. Rental restrictions: The unit may be rented but may not be rented for a period of less than 31 consecutive days. ADUs which are used as rental units will be required to obtain a rental pennit from the city.

  1. Exterior access: To maintain the single-family residential character of the neighborhood and to the extent reasonably feasible in the reasonable judgment of the Community Development Director, an ADU shall not have its exterior

.entrance visible from the street. Additionally, no exterior stairway shall be located on the front or on any street-facing side of the

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

  1. Separate bathroom and kitchen: The ADU shall include one full bathroom and one kitchen, and shall not include any additional bathrooms or kitchens. The ADU shall also be limited to a maximum of one bedroom.

7. Health and safely standards/pre-build ing inspection: The ADU shall comply with all building, safety, fire and health codes, and all other applicable laws and regulations. Prior to receiving a building permit for an ADU, the city will conduct a pre- building inspection of the property for compliance with health and safety codes and verification of permitted structures. Pursuant to State

law, AD Usare not required toprovide fire sprinklers if sprinklers

are not required/or theprimary dwelling unit.

  1. Historic properties: The architectural treatment of an ADU constructed on a lot that has an identified historical resource listed on thefederal, state, and/or local register of historic places shall be reviewed to ensure compliance with the city’s historic preservation ordinance.

  1. Utility Fee Requirements: AD Us shall not be considered new residential uses for the purposes of calculating local agency connectionfees or capacity charges for utilities, including water and sewer service.

    1. For ADUs created entirely within existing space, including the primary structure, attached or detached garage or other accessory structure, the city will not require the applicant to install a separate utility connection between the ADU and the utility, or impose a related connectionfe e or capacity charge.

(b) For ADUs involving new construction (detached and attached additions), the city will not require a separate utility connection but will impose a capacity charge. Said charge will be proportionate to the burden of theproposed ADU upon the water or sewer system based upon either its size or the number of its plumbing fixtures, and will not exceed the reasonable cost ofproviding the water or sewer service.

Io Standards (or Accessory Dwelling Unit Structures Created within Existing Space. An ADU that is developed entirely within an

existing space, including the primary structure, attached or detached garage or other accessory structure, shall be permitted ministerially with a building permit subject to the following standards:

  1. Zones: The unit shall be located in a single1amily zone.
  1. Separate entr y required: The unit shall provide independent exterior accessfrom theprimary unit.

  1. Setbacks: The unit shall have sufficient side and rear setbacks to meetfire safety requirements. Pursuant to State law, no setback shall be required for a lawfully constructed garage ;n existence prior to January 1,

2017 that is converted to an ADU

  1. Parking: No additional off-street parking is required, however, any parking spaces lost as a result of the conversion of existing space to an ADU shall be required to be replaced. More specifically, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, the lost parking spaces must be replaced with an equal number of spaces, which may be covered, uncovered, tandem within a garage or driveway, or provided by the use of a mechanical automotive parking lift within a garage structure. To the extent locations are available on the site which minimize the visibility of parking from the street, the Director of Community Development, or his or her designee, can require parking to be located in these less invasive locations. Jn addition, the main single-family dwelling must meet the current number of off-street parking spaces required at the time the ADU is approved

  1. Standards for Accessory Dwelling Unit Structures Involving new Construction (Detached and Attached Additions). ADU developments that adhere to the following standards shall be permitted ministerially, except as explicitly setforth herein.

    1. Development and design standards: All ADU developments, whether attached or detached, shall comply with all applicable zoning and development standards of the zoning district in which it will be located, including, but not limited to, standards regarding setbacks, floor area ratio standards, height, lot coverage, architectural design review, including compatibility with existing structures on the same property and in the

surrounding neighborhood, except as explicitly set forth herein.

      1. The ADU shall incorporate the same or similar architectural features , building materials and colors as the primary dwelling located on the property, and shall be designed to reasonably minimize privacy impacts. Compatibility with the existing primary structure includes coordination of colors, materials, roofing and other architectural features , and landscaping designed so that the appearance of the site remains that of a single-family residence,

    1. Size: {I) The total area of habitable floor space for a detached ADU shall be no less than an efficiency unit, as defined by the California Building Code, and shall not exceed 640 square feet.

(2) The total area of habitable floor space for an attached ADU shall not exceed the lesser of 640 square feet, or fifty percent (50%) of the primary residence’s living area.

    1. Height: For purposes of prot ecting the privacy of neighboring properties, detached ADUs shall be limited to a single story located to the rear of theprimary structure. In instances where the primary structure is located on the rear of the parcel, a single story ADU may be located on the front of the parcel. Second story attached ADUs shall be limited to the rear of existing twostorysingle-family homes.

  1. Manufactured housing: Manufactured housing is allowed in compliance with the provisions herein. A trailer, motor vehicle or other recreational vehicle, as defined in the section 106-6 (Definitions) of Chapter 106 (Zoning) of the San Fernando City Code, may not be used as an ADU and stored or maintained as a habitable unit or livable area on a residential lot.

  1. Parking: One off-street parking space shall be providedfor the ADU, which may beprovided as tandem parking on an existing driveway and shall be permitted in paved setback areas unless the Director of Community Development, or his or her designee, makes specific findings that parking in setback areas or tandem parking is not fea sible based upon specific site, regional topographical, or fire and life safety conditions. To the extent locations are available on the site which minimize the visibility of parking from the street, the Director of

Community Development, or his or her designee, can require parking to be located in these less invasive locations. In addition, the main single-family dwelling must meet the current number of off-street parking spaces required at the time the ADU is approved.

Pursuant to State law, noparking shall be requiredfor an ADU in any of thefollowing 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 primmy residence or an existing accessory structure.
    1. When on-street parking permits are required but not offered to the occupant of the ADU
    1. When there is a car share vehicle located within one block of the ADU

(f) Replacement parking: When a garage, carport, or covered

parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the lost parking spaces must be replaced with an equal number of spaces, which

may be covered, uncovered, tandem within a garage or driveway, or provided by the use of a mechanical automotive

parking lift within a garage structure. To the extent locations are available on the site which minimize the visibility of parking from the street, the Director of Community Development, or his or her designee, can require parking to be located in these less invasive locations.

EDITOR’S NOTE: At its regular meeting of July 17th 2017, the City Council approved Urgency Ordinance No. 1666 which amended the provisions of this Section 106-358 which related to the regulation of so-called “second dwelling units”. The amendments were adopted to harmonize the San Fernando Mimicipal Code with changes in State law relating to the regulation of so-called “accessory dwelling units. The reference to “accessory dwelling units” in this new Section 106-358 are intended to replace references to “second dwelling units” under prior Sections 106-358 and 106-359. Section 106-359 has been

deleted as its text was made unnecessary in light of the amendments to Section 106-358.

SECTION 4. The text of Section 106-359 (Request for exceptions to applicable regulations for second dwelling units) of Division 2 (R-1 Single family, Residential Zone) of Article lil (Zones) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby repealed and deleted and Section 106-359 shall hereinafter read as follows:

Section I 06-359- Reserved -No Text

SECTION 5. The defined term “second dwelling unit” as set forth under Section 1066 (Definitions) of Division 2 (R-1 Single family, Residential Zone) of Article III (Zones) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby deleted in its entirety.

SECTION 6. Section 106-6 (Definitions) of Article I (In General) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby amended by the addition of the following defined tenn(s) which shall appear in alphabetical order under this section:

Accessory dwelling unit” or “ADU” mean an attached or a 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 on the same parcel as the single1amily dwelling is situated. It shall include the following: (i) an efficiency unit, as defined in Health and Safety Code Section 17958.J ; and (ii) a manufactured home, as defin ed in Health and Safety Code Section 18007.

EDITOR’S NOTE: Municipal Code provisions relating to the regulation of “accessory dwelling units” are set forth under Section I 06-358 (Regulation of Accessory Dwelling Units) of Division 2 (R-1 Single family, Residential Zone) of Article Ill (Zones) of Chapter I 06 (Zoning) of the San Fernando Municipal Code.

SECTION 7. The definition of the defined te.rm “primary single-family dwelling unit” as set froth under Section 1066 (Definitions) of Article I (Jn General) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby amended such that the reference to the term “second dwelling unit” which currently appears at the end of the last sentence of the definition primary single-family dwelling unit” is deleted and replaced with the term “accessorydwelling unit”.

SECTION 8. The second sentence Section 106-355 (Density) of Division 2 (R-1 Single family, Residential Zone) of Article HI (Zones) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby amended in entirety to now state the following:

“Anaccessory dwelling unit in accordance with Section 106-358 shall not

be counted as aprimary singlejamily dwelling unit.

SECTION 9. Subsection (9) of Section l 06-352 (Pennitted uses) of Division 2 (R-1 Single family, Residential Zone) of Article III (Zones) of Chapter 106 (Zoning) of the San Fernando Municipal Code is hereby amended in its entirety to now state the following:

“(9) Accessory dwelling units in accordance with Section 106-358.

CEQA Finding. The City Council hereby finds that this this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h).

SECTION 10. Severability. Ifany section, subsection, sentence clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction , such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 11. Sav i n gs Cl au se. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

SECTION 12. Effective Date and Transmittal to the State. This Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of San Fernando by Government Code sections 36934 and 36937 and shall be in full force and effect upon its adoption by a four-fifths (4/5) vote of the City Council. The City Clerk is hereby directed to transmit this ordinance to the California Department of Housing and Community Development within sixty (60) days of adoption of this Urgency Ordinance, pursuant to Government Code Section 65852.2(h).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando at a regular meeting on this 17th day of July 2017.