San Marino ADU / Granny Flat Ordinance

http://caladu.org/ordinance/San-Marino-05-02-17-Interim.pdf

ORDINANCE NO. 0-16-1317U

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARINO PROHIBITING NEW ACCESSORY DWELLING UNITS (ALSO KNOWN AS SECOND UNITS), EXCEPT THOSE THAT SATISFY SPECIFIED STANDARDS, AND DECLARING THE URGENCY THEREOF

WHEREAS, effective January 1, 2017, Assembly Bill 2299 (“AB 2299″) and Senate Bill 1069 (“SB 1069″) amend Government Code Section 65852.2 to limit the standards cities may impose on second units (hereafter termed accessory dwelling units).

WHEREAS, as amended, Government Code Section 65852.2 will require that the City’s Accessory Dwelling Unit ordinance incorporate State-mandated standards for certain types of accessory dwelling units.

WHEREAS, in addition, Government Code Section 65852.2 allows the City to establish certain objective standards related to parking, height, setback, lot coverage, livable area, landscaping, and certain architectural requirements, which must be applied ministerially except where a property owner is seeking an exception to such standards. The City currently has standards in place related to parking, height, setback, lot coverage, livable area, and architectural requirements, which have functioned to mitigate the impacts of accessory dwelling units on parking, neighborhood density and aesthetics, in addition to providing standards related to fire and life safety necessary for the preservation of the public peace, health, safety, and welfare.

WHEREAS, in the absence of a State-compliant ordinance on January 1, 2017, the City’s existing second unit standards would be considered null and void pursuant to Government Code Section 65852.2(a)(4), and the City would be required to approve any accessory dwelling unit meeting minimal state criteria.

WHEREAS, the City needs additional time to study the potential land use, public services, safety, parking, traffic, and infrastructure effects of allowing ADUs to be built on lots in various areas of San Marino. In the absence of a State-compliant ordinance on January 1, 2017, the City would be required to approve ADUs in locations and under standards that could have negative impacts on the surrounding community.

WHEREAS, staff is drafting proposed permanent regulations, which must be studied and revised by staff and considered by both the Planning Commission and City Council with input by residents at public hearings. The City Council finds that property owners are likely to submit applications for ADUs before the City’s permanent regulations become effective. These applications would cause confusion and ambiguity regarding the applicability of provisions in the City’s current ADU regulations, many of which are compliant with the new legislation, and the State standards, with potentially inconsistent and unfair results for City residents. The establishment of these ADUs has the potential to be in conflict with the City’s proposed permanent ADU regulations, which will be adopted in compliance with Government Code Section 65852 .2 after further study of the appropriate standards and locations for ADUs in San

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Marino. Therefore, this Ordinance is necessary to protect the public safety, health, and welfare and its urgency is hereby declared.

WHEREAS, The Planning Commission, the City Council and the residents of San Marino require a reasonable, limited, yet sufficient, period of time to establish permanent regulations for ADUs. Given the time required to schedule and conduct duly noticed public hearings before the Planning Commission and the City Council, the City Council finds that this

Ordinance is necessary to prevent the establishment of ADUs with a reasonable potential to ·· conflict with the City’s permanent regulations and create potential detriments to the public

welfare. The City Council has the authority to adopt an interim ordinance pursuant to Government Code Section 65858 in order to protect the public health, safety, or welfare.

WHEREAS, notwithstanding any other ordinance or provision of the San Marino Municipal Code, no application for a building permit or other land use entitlement shall be accepted for processing or approved for an accessory dwelling unit (or second unit) (“ADU”) proposed to be located in a residential zone shall be permitted unless it satisfies all the requirements in this Ordinance.

WHEREAS, this Ordinance shall expire, and its standards and requirement shall terminate, forty-five (45) days after the date of adoption of this Ordinance, unless extended by the City Council at a regularly noticed public hearing, pursuant to Government Code Section 65858.

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

Section 1. The City Council finds that the facts set forth in the Recitals of this Ordinance are true and correct.

Section 2. The City shall not approve an application for an ADU unless the ADU satisfies all of the standards provided in this Ordinance. An application for an ADU that complies with the standards contained in this Ordinance shall be approved by the City following a ministerial review for compliance.

Section 3. Section 23.01.01 of the San Marino Municipal Code is hereby amended to add the following definition for “Accessory Dwelling Unit:

ACCESSORY DWELLING UNIT. Accessory Dwelling Unit (also “ADU”, “second unit,” or “granny unit”) shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen as defined herein, a full bath, and permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family residence is situated. An Accessory Dwelling Unit also includes an Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007.”

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Section 4. Section 23.01.01 of the San Marino Municipal Code is hereby amended to add the following definition for Kitchen”:

KITCHEN: Kitchen shall mean a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A Kitchen shall include all of the following: a sink with hot and cold running water; a range or stove-top and an oven; at a minimum, an apartment­ sized refrigerator; and built-in dish and utensil storage spaces. In addition to the aforementioned improvements, a Kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dish washer.”

Section 5. The definition of Second Unit” is hereby deleted from Section 23.01.01 of the San Marino Municipal Code.

Section 6. Section 23.02.25 of the San Marino Municipal Code is hereby amended to read as follows:

“23.02.25: ACCESSORY DWELLING UNITS:

  1. Purpose: The purpose of this section is to comply with Government Code section 65852.2, which allows the city to enact standards for the development of accessory dwelling units in certain residential zones within the city. It is also the purpose of this section to ensure the availability of affordable housing for family members, students, and the elderly, among others, in the city while mitigating impacts to parking, traffic, utilities, parks and open spaces, and other community facilities and preserving the character of residential neighborhoods.

  1. Application Approval: Any application for an accessory dwelling unit that meets the location and development standards contained in this Section shall be approved.

  1. Submittal Requirements and Application Processing:
    1. An application for an accessory dwelling unit shall be submitted to the Planning and Building Department concurrently with the submittal of an application for a building permit. The Planning and Building Director shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

    1. The Planning and Building Director or his/her designee shall issue an accessory dwelling unit building permit if the application conforms to the specific standards set forth in this section.

    1. An application that does not conform to the specific standards set forth in this Section, including the development standards set forth in Section 23.02.25(E)(l) shall not be approved ministerially but shall require design review, a conditional use permit, or variance as applicable.

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  1. Location: An accessory dwelling unit may be located only on residentially zoned lots that contain at least twelve thousand (12,000) square feet in area and contain no more than one single-family residence.

  1. Development Standards: An accessory dweiiing unit shall comply with the development standards set forth in this subsection:

    1. An accessory dwelling unit shall conform to the same development standards as that set forth for the zone and area district in which the second unit is to be located, including, but not limited to, setback requirements, maximum building height, lot width, lot coverage, livable area, landscaping, and required open space, except as provided in Section 23.02.25(F), below.

    1. Detached accessory dwelling units, which do not share any walls with the primary residence, shall be separated at least ten feet from the primary residence.

    1. Accessory dwelling units shall be no smaller than one hundred fifty (150) square feet. The livable area of an attached accessory dwelling unit shall not exceed thirty (30) percent of the existing living area, or one thousand (1,000) square feet, whichever is less. A detached accessory dwelling unit shall not exceed thirty (30) percent of the existing livable area of the primary residence or one thousand (1,000) square feet, whichever is less.

    1. Any common wall separating the accessory dwelling unit from the main building shall be soundproofed. Details of the proposed means of soundproofing shall be submitted with plans for construction.

    1. Exterior lighting for an accessory dwelling unit shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or adjacent property.

    1. Accessory dwelling unit windows shall be located to avoid line of sight to windows of adjacent properties. Obscured glass and other techniques may be used to avoid the line of sight restriction.

    1. A permanent foundation shall be required for all accessory dwelling units.
    1. The design of the accessory dwelling unit shall incorporate the same or similar architectural features, building materials and colors of the existing main building. This includes, but is not limited to, rooflines, eaves, fascia boards and windows.

    1. A separate entrance shall be provided for the second unit. To the extent feasible, the entrance shall not be visible from the front of the main building or visible from the street.

    1. One parking space shall be provided for each bedroom of the accessory dwelling unit in addition to those required for the primary residence, except as specifically provided below:

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      1. Notwithstanding any other requirements of Chapter 23, accessory dwelling units need not provide garage spaces as required by Section 23.02.23.

      1. The parking space allotted for the accessory dwelling unit may be covered, uncovered, provided as tandem parking on an existing driveway or located in an existing garage or in setback areas on the property except where the type of parking proposed is not feasible based on specific site or regional topographical or fire or life safety conditions.

      1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the parking spaces shall be replaced. The replacement parking spaces may be located in another configuration on the same lot as the accessory dwelling unit and may be covered, uncovered, or tandem spaces.

      1. No off-street parking space is required for an accessory dwelling unit in any of the following instances:

        1. The accessory dwelling unit is located within one-half mile, by public pedestrian or vehicle access, to public transit.

        1. The accessory dwelling unit is located within a historic district.
        1. The accessory dwelling 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 occupants of accessory dwelling units.

        1. When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the Accessory Dwelling Unit.

  1. Notwithstanding any other applicable requirements, the City shall 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, a garage, or other accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.

  1. An accessory dwelling unit constructed above a garage shall have a minimum setback of five feet.

H. All accessory dwelling units shall comply with applicable fire and building codes, except that accessory dwelling units shall not be required to install fire sprinklers if they are not required for the primary residence.

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  1. The property owner shall file with the county recorder a declaration or agreement of restrictions, which shall be binding on successive owners of the property, approved by the city attorney as to form and content, to place future buyers on notice as to the following:

    1. The accessory dwelling unit shall, at all times, be held under the same ownership as the remainder of the lot on which it is located as recorded with the county assessor’s or recorder’s office.

    1. The lot on which the accessory dwelling unit is constructed shall be the primary residence of the property owner. The owner may occupy the existing mam building or the second unit as their principal residence.

    1. The accessory dwelling unit shall not be rented for a term of less than thirty (30) days.

    1. A second unit may not have utility services separate from those of the main residential structure on the same property.

    1. The owner of the accessory dwelling unit shall maintain the accessory dwelling unit in compliance with the approval granted under this Section and all applicable City accessory dwelling unit standards.”

Section 7. CEQA Findjng. This interim zoning ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from the California Environmental Quality Act pursuant CEQA Guidelines Section l 5282(h).

Section 8. Severability. If any 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 9. Savings Clause. 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 10. Urgency Ordinance. This Ordinance is adopted as an urgency interim ordinance and shall go into effect on January 1, 2017 pursuant to Government Code Section 65858. This Ordinance shall expire, and the prohibition established hereby shall terminate forty­ five (45) days after the date of adoption unless extended by the City Council following a public hearing pursuant to Government Code Section 65858.

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Section 11. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED AND ADOPTED THIS 14th day of December, 2016.

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RJCHARD SUN, DDS MAYOR

ATTEST:

I HEREBY CERTIFY that the foregoing Ordinance No. 0-16-1317U was duly adopted by the City Council of the City of San Marino at a Regular Meeting of the City Council held on December 14, 2016 by the following vote:

AYES: COUNCIL MEMBERS HUANG, YUNG, VICE MAYOR WARD, MAYOR SUN

NOES: COUNCIL MEMBER TALT ABSENT: NONE

ABSTAIN: NONE