Calif . Dept. of Housing and Comm. Dev. 2020 West El Camino Avenue Sacramento, CA 95833
Sent cert.& return receipt USPS
RE: Ordinance of the City of Sand City regarding Accessory Dwelling Units To Whom It May Concern:
Enclosed is a copy of the ordinance recently adopted by the City Councilof Sand City regarding Accessory Dwelling Units. This ordinance updates Sand City Municipal Code Chapter 18.63 to be consistent and compliant with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 that went into effect in January of 2017. Second reading and adoption of said Ordinance occurred on February 20, 2018. In accordance with Gov. Code Section 65852.2(h) this Ordinance is beingsent to your office. The staff reports are also enclosed for your reference.
1 Pendergrass Way Sand City, CA 93955
If there are any questions or comments regarding the enclosed Ordinance, I can becontacted firstname.lastname@example.org (preferred) or 831–394-6700×216.
Administration (831) 394-3054
Charles Pooler City Planner
(831) 394-2472 cc: Todd Bodem, City Administrator
Linda Scholink, City Clerk
Police (831) 394-1451
Incorporated May 31, 1960
CITY OF SAND CITY
ORDINANCE NO. 1–8=––...0…..……. ,2018
ORDINANCE OF THE CITY OF SAND CITY TO AMEND SAND CITY MUNICIPAL CODE TITLE 18 (ZONING ORDINANCE) CHAPTER 18.63 FOR COMPLIANCE WITH AB 2299 AND SB 1069
WHEREAS, the State of California has found and declared that California faces a severe housing crisis and that Accessory Dwelling Units are a valuable form of housing that provides housing for family members, students, the elderly, in-home care providers, the disabled, and others at below market prices within existing neighborhoods; and
WHEREAS, the State Legislature adopted Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 that went into effect January 1, 2017 amending Government Code Section 65852.2 to prohibit local governments from precluding or unreasonably restricting Accessory Dwelling Units, reducing parking standards for Accessory Dwelling Units, and requiring ministerial approval (no public hearings) for Accessory Dwelling Units; and
WHEREAS, Chapter 18.63 of the Sand City Zoning Ordinance, first adopted and incorporated into the Sand City Municipal Code (the “SCMC”) in 2003 (Ordinance 03-02) in response to Assembly Bill (AB) 1866 (2002), is now out-of-date with the enactment of AB 2299 and SB 1069; and
WHEREAS, amending SCMC Chapter 18.63 is necessary for consistency with AB 2299 , SB 1069, and Government Code Section 65852.2; and
WHEREAS, the proposed amendmentof SCMC Chapter 18.63 establishes that Accessory Dwelling Units areallowable in all non-coastal zoning districts where single family and multi family residential uses are allowed; and
WHEREAS, the requirement thatthe permit applicant for an Accessory Dwelling Unit bethe owner-occupant of the primary residential unit, consistent with Government Code 65852.2(a)A6), is intended to prevent the development of dual rental units or duplex projects under the guise of providing an Accessory Dwelling Unit; and
WHEREAS, the limitation of leasing/renting Accessory Dwelling Units for periods greater than thirty (30) days, consistent with Government Code 65852.2(a)(6), is intended to prevent the misuse of Accessory Dwelling Units as short-term ‘vacation rentals’ instead of the State’s intended purpose of long-term accessory housing; and
WHEREAS, the proposed amendment of SCMC Chapter 18.63 is consistent with the City’s certified Housing Element Goal 4.1, Program 4.1.3.B insofar as AB 1866 (2002) was updated by AB 2299 and Senate Bill (SB) 1069 in 2016; and
WHEREAS, this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080. 17 and CEQA Guidelines Section 15282(h), which states the adoption of an ordinance regarding secondary units (also referred to as ‘Accessory Dwelling Units’) to implement the provisions of Sections 65852. 1and 65852.2 of the Government Code are exempt from the requirements of CEQA; whereas, similarly, the ministerial approval of accessory dwelling
units is not a “project” for CEQA purposes, and environmental review is not required prior
to approving individual applications; and
WHEREAS, a notice of public hearing regarding the proposed amendments of Chapter 18.63 of Title 18 of the SCMC was published in the Monterey Herald, a newspaper publication of generalcirculation withinthelocal agency ten days prior to public hearing and
posted for public viewing at Sand City‘s three designated posting locations specified by SCMC Chapter 1.12.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sand City to amend Chapter 18.63 of the Sand City Municipal Code Title 18 (Zoning Ordinance) for compliance with State legislation as follows:
SECTION 1: Chapter 18.63 of the Sand City Municipal Code is hereby deleted and replaced in its entirety to read as follows:
“18.63.010 Purpose. The purpose of this Chapter is to comply with the requirements of Assembly Bill 2299 (2016), and Senate Bill 1069 (2016) regarding permitting of “Accessory Dwelling Units” in those non-coastal zone areas where single family and multifamily residential uses are allowed.
18.63.020 Definitions. For the purposes of this Chapter, the following definitions shall apply:
A. ‘Accessory Dwelling Unit’ shall mean an attached or a detached residential dwelling unit that 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 single-family dwelling is situated.
“Principle Dwelling Unit” shall mean that existing primary single-family residential structure on the same property as an Accessory Dwelling Unit.
“Living Area” shall mean the interior habitable area of a dwelling unit including basements and attics, but does not include a garage or any accessory structure.
“Passageway” shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
“Vacation Rental“ shall mean the leasing and/or occupancy of a dwelling unit, furnished or unfurnished, for temporary periods of thirty
(30) days or less by tourists, visitors, or similar to the local area as an alternative to motels/hotels.
18.63.030 Designation of Areas Where Accessory Units Are Permitted. When the standards of this Chapter are satisfied, accessory dwelling units shall be allowed in all non-coastal zone areas where single family and multifamily residential uses are allowed and there is an existing single family dwelling.
18.63.040 Accessory Dwelling Unit Standards and Approval.
Approval. Accessory Dwelling Units shall be allowed by ministerial approval of a zoning compliance statement issued bythe City Planner for parcels larger than 1,875 square feet in all areas of Sand City that are designated for their use as specified in Section 18.63.030, provided the standards outlined in this Chapter are applied to each application. A Zoning Compliance Statement shall be issued if an application for an Accessory Dwelling Unit satisfies allofthe conditions below and any other specification of this Chapter.
The unit shall not be sold separately from the principal dwelling unit(s) on the property, and it may be rented.
The lot or parcel on which the accessory dwelling unit is proposed is zoned for residential and already contains an existing single family dwelling unit.
The accessory dwelling unit may be attached to, or within the living area of, the existing dwelling or it may be detached from and on the same lot as the existing dwelling.
The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the existing floor area ofthe single-family residence, with a maximum increase in floor area of the accessory dwelling unit of twelve-hundred (1,200) squarefeet.
The total floor area for a detached accessory dwelling unit shall not exceed twelve-hundred (1,200) square feet.
No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
Requirements relating to height, setback, lot coverage, architectural review, site plan review, and all other zoning requirements shall be applicable as they relate to the zoning district inwhich the proposed accessory unitwill be located unless otherwise specified by this Chapter.
No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet (5′) from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
All applicable building and fire code requirements shall apply as appropriate to ensure public health and safety.
Parking. Parking requirements for Accessory Dwelling Units shall not exceed one (1) parkingspace per unit or bedroom. These spaces may be provided in tandem, including on an existing driveway or in a setback area, excluding non-driveway front setback areas. Off-street parking required for accessory dwelling units, as specified by this Chapter, is permitted within the rear or side setback areas unless specific findings are made that parking in these setback areas is not feasible due to specific site, regional topographical, or fire and life safety conditions. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on thesame lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
Parking for Accessory Dwelling Units shall not be required under the following circumstances:
- The Accessory Dwelling Unit is located within one-half (%) mile of public transit, including transit stations and bus stations.
- The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure.
- When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
- When a car share vehicle is located within one (1) block of the Accessory Dwelling Unit.
C Architecture. Any proposed Accessory Dwelling Unit, whether attached or detached from the Principle Dwelling Unit, shall utilize the same exterior architectural style, materials, and colors as the Principle Dwelling Unit to the satisfaction of the City Planner. An Accessory Dwelling Unit’s heightshall notexceed the height, from floor to rooftop, of the existing Principle Dwelling Unit. The Accessory Dwelling Unit’s exterior architectural design shall be ministerially reviewed and approved bythe City Planner prior to issuance of a building permit. All setbacks shall meet minimum building and fire code requirements.
18.63.050 Density Created Does Not Alter Consistency with the General Plan and Applicable Zoning District. As provided in the state legislation requiring cities and counties to adopt Accessory Dwelling Unit regulations, an accessory dwelling unit consistent with the standards of this Chapter shall not change the density calculation of the relevant parcel and shall be considered consistent with the density limitations of the respective zoning and general plan designations of the property on which it is located.
18.63.060 Limitations on Accessory Dwelling Units. For the purposes of creating an Accessory Dwelling Unit, under the purview of this Chapter, the following requirements and limitations shall apply.
A. The applicant for creating an Accessory Dwelling Unit shall be the owner-occupant of the Principle Dwelling Unit of that property.
After an Accessory Dwelling Unit is created on the property, the owner of that property shall be the occupant of either the Principle Dwelling Unit or the Accessory Dwelling Unit on that property. Neither the Principle Dwelling Unit nor the Accessory Dwelling Unit onthe property may be leased, marketed, and/or occupied separately from the other Unit unless one of the aforementioned units is occupied by the owner of that property.
Any Accessory Dwelling Unit allowed under this Chapter may be leased/rented, but only for terms longer than thirty (30) days. Accessory Dwelling Units shall not be leased, marketed, and/or occupied as ‘vacation rentals’.
At the time the zoning compliance statement is issued by the City Planner under Section 18.63.040, the property owner shall record a deed restriction in the official records of Monterey County, California stating that the property owner has received permission from the City to create the Accessory Dwelling Unit and that the permission is conditioned on the occupancy requirements of Section 18.63.060.”
SECTION 2: Severance.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3: Effective Date
This Ordinance shall become effective thirty (30) days following the second reading of this Ordinance, and a copy of said Ordinance shall thereafter be sent to the California Department of Housing and Community Development.
PASSED AND ADOPTED, by the City Council of the City of Sand City this 201
February, 2018 by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Council Member Blackwelder, Hawthorne, Hubler, McDaniel, Carbone None
CITY OF SAND CITY
FEBRUARY 12, 2018
(For City Council Review on February 20, 2018)
TO: Mayor and City Council
FROM: Charles Pooler, City Planner
SUBJECT: 2″d Reading – Ordinance Updating Chapter 18.63 of the City’s Zoning Ordinance – Accessory Dwelling Units
At the February 6, 2018 Council meeting, the City Counciladopted an ordinance for first reading to amend Chapter 18.63 of the City’s Municipal Code regarding Accessory Dwelling Units (ADUs). This amendment is to bring Chapter 18.63 into compliance with Assembly Bill 2299 and Senate Bill 1069 that went into effect on January 1st of 2017. The public hearing was continued from its first presentation of January 16, 2018 in order for staff to modify the draft ordinance and clarify language regarding owner occupancy requirements. The final version presented and acted upon by the City Council (attached hereto as Attachment 4) was the version with the City Attorney’s language recommendations for Section 18.63.060, which reads as follows.
” 18.63.060 Limitations on Accessory Dwelling Units. For the purposes of creating an Accessory Dwelling Unit under the purview of this Chapter, the following requirements and limitations shall apply.
The applicant for creating an Accessory Dwelling Unit shall bethe owner-occupant of the Principle Dwelling Unit of that property.
After an Accessory Dwelling Unit is created on the property, the owner of that property shall be the occupant of either the Principle Dwelling Unit or the Accessory Dwelling Unit on that property. Neither the Principle Dwelling Unit northe Accessory Dwelling Unit on the property may beleased, marketed, and/or occupied separately from the other Unit unless one ofthe aforementioned units is occupied by the owner of that property.
Any Accessory Dwelling Unit allowed under this Chapter may beleased/rented, but only for terms longer than thirty (30) days. Accessory Dwelling Units shall not be
leased, marketed, and/or occupied as ‘vacation rentals’.
At the time the zoning compliance statement is issued by the City Planner under Section 18.63.040, the property owner shall record a deed restriction in the official records of Monterey County, California stating that the property owner has received permission from the City to create the Accessory Dwelling Unit and that the
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permission is conditioned on the occupancy requirements of Section 18.63.060.“
This ordinance to amend the zoning code requires City Council adoption for second reading before this ordinance may be incorporated into the City‘s Municipal Code. If approved for second reading, this ordinance will go into effect 30-days thereafter. Additionally, a copy will be sent to the California Department of Housing and Community Development (HCD), as required by law, for their information, review, and comment (if any).
Staff recommends adoption (for secondreading)of the attached draft ordinance to amend and update Chapter 18.63 of the Sand City Municipal Codeto beconsistent with Assembly Bill 2299 and Senate Bill 1069.
Staff Report (dated 11-20–17) presented to Council January 16, 2018 (w/o exhibits or attachments)
- Modified Draft Amended Chapter 18.63 – Accessory Dwelling Units (with deletions signified with strikeottts and additions as italic highlights)
Gov. Code Section 65852.2
Draft Ordinance for 2nd Reading (as adopted for 111 reading on February 6, 2018)
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CITY OF SAND CITY
NOVEMBER 20, 2017
(For City Council consideration on January 16, 2018)
TO: Mayor & City Council FROM: Charles Pooler, City Planner
SUBJECT: Zoning Amendment Chapter 18.63 – Accessory Dwelling Units
Chapter 18.63 of the Sand City Zoning Ordinance was first adopted and incorporated into the Sand City Municipal Code (the “SCMC“) in 2003 (Ordinance 03–02) in response to Assembly Bill (AB) 1866 (2002). In2016, the State Legislatureadopted Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 that went into effect January 1, 2017, amending Government Code Section 65852.2, further easing restrictions on Accessory Dwelling Units. In the event that a local agency’s existing accessory dwelling unit ordinance does not meet the new requirements, that ordinance becomes null and void [Gov. Code 65852.2(a)(4)] SCMC Chapter 18.63 is currently out of date with the new legislation, and updating Chapter 18.63 is necessary for consistency with AB 2299, SB 1069, and Government Code Section 65852.2 inits current form.
The State of California declared a severe housing crisis in California and that Accessory Dwelling Units are a valuable form of housing that provides for family members, students, the elderly, in-home care providers, the disabled, and others at below market prices within existing neighborhoods (Gov. Code 65852.150). An Accessory Dwelling Unit (ADU) is an independent living unit for one or more persons located on the same parcel as a single family dwelling, and generally takes one of these three forms:
A detached unit, where the ADU is separated from the primary structure,
An attached unit, where the ADU is attached to the primary structure, and
- A re–purposed existing space (conversion), where space inside the primary residence (i.e.a bedroom, garage, etc.) is converted into an independent unit.
Significant provisions of the State legislation regarding ADUs include:
Prohibiting local governments from precluding or unreasonably restricting ADUs,
Reduced parking standards for ADUs,
Requiring ministerial non-discretionary permit approval (no public hearings) for ADUs,
- Considering an ADU as a residential ‘accessory use’, which is not to be considered as exceeding the allowable density forthat lot the ADU is upon, and
- Prohibiting local jurisdictions from requiring separate utility meters for ADUs in most circumstances.
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ATTACHMENT 1 ·· 11·
The State legislation specifies that ADUs comply with all of the following:
The ADU is not for sale separate from the primary residence, and the ADU must be under the same ownership as the primary residence; however, an ADU may be rented;
The lot upon which an ADU is allowed is zoned for single-family or multifamily use, and that lot contains an existing single family dwelling;
An accessory unit shall either be attached to or located withinthe existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling;
The increased floor area of an attached ADU shall not exceed fifty percent (50%) of the existing dwelling’s living area, and both attached and detached ADUs shall not exceed 1,200 square feet.
No passageway can be required in the construction of an ADU, where a ‘passageway’ is defined as an unobstructed pathway clear to the sky and extends from a street to one entrance of the ADU [Gov. Code 65852.2(i)(5)];
No setback shall be required for a garage conversion to an ADU and no more than five feet (5′) from the side and rear lot lines shall be required for a unit above a garage;
- ADUs shall comply with local building codes as applicable;
ADU construction that demolishes a garage, carport, or covered parking structure, where the local jurisdiction requires those lost parking spaces be replaced, the replacement parking spaces may be located on the same lot as the ADU in any configuration; including, but not limited to, covered and uncovered spaces, tandem spaces, or parking lifts.
ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and alternative methods for fire protection may be used if acceptable to the Fire Marshall.
State legislation specifies that parking requirements of a local jurisdiction’s ordinance for an ADU cannot exceed one (1) parking space per unit or bedroom. Off-street parking for ADUs may be provided by tandem parking on a driveway or within setback areas determined by a local agency. Additionally, local governments cannot require parking for an ADU if:
1 The ADU is within one-half mile of public transit (i.e. bus, train, etc.) (most of Sand City is within this distance from an MST route and multiple bus stops),
- The ADU is located within an architecturally and historically significant historic district
(Sand City does not have any such district),
- The ADU is part of the existing primary residence or an existing accessory structure.
When a ‘car share vehicle’ is located within one block of the ADU (not currently applicable to Sand City),
- When on-street parking permits are required, but not offered to an occupant of an ADU
(Not currently applicable to Sand City),
Feescharged for ADUsshallbedetermined inaccordance with Government Code Chapter 5 and Chapter 7 [Gov. Code 65852.2(f)(1)J.
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